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399 hire legal advice and bring back a report of legality. Councilman Royer stated that a few facts should be determined; if these people were violating the law when they came into the City and if the City could take any action at this time. City Attorney Currie stated that non - conforming use can not be granted, it either is or is not. After further discussion, it was again felt that the District Attorney should be called upon to furnish information from his files. If the District Attorney agrees that this was not in violation under the County Ordinance, they there isn't any violation in the City Limits. If there was a violation of the County Ordinance, they there would be a violation of the City Ordinance and legal steps could be taken. Councilman Jones moved that the matter be referred to the District Attorney for his decision and recommendation. Col. Louis Weiss asked that tnasmach as this was annexed some time ago, wouldn't the statue of limitation be passed by now? City .Attorney Currie agreed that this was possible. He further stated that the District Attorney should go on record in writing if there was a violation in the area before it came into the City. Councilman Granger seconded the motion, which carried on roll call, Councilmen Britschgi and Stout noted absent. Mayor Herkner ruled that the original motion was dead. Councilman Granger moved that the City Manager's report be held in abeyance until the report is received from the District Attorney's office, seconded by Councilman Royer and carried. RESERVOIR COMMITTEE REPORT. Councilman Granger, before turning in his report, wanted it understood that the committee consisting of Councilman Granger, Britschgi and Spillers had worked hard on this report and had held several meetings before their recommenda- tions were made. "Our Committee has met on several occasions regarding potential reservoir sites and has the following comments and observations to make. While it appears, based on engineering studies, that the original Farm Hills site, with land adjacent to the proposed Farm Hills Boulevard, was the more desirable site at the time such site was indicated in November 1953, circumstances have since changed. By taking all facts and circumstances into account, including potential excessive acquisition costs, this committee now feels that the site near Jefferson Avenue to be provided at no cost to the City, would adequately protect the interests of the City by providing a site for a reservoir which, if constructed, would be constructed at some indefinite future date. All engineering studies ihdicate that a reservoir for storage of water can safely be constructed either adjacent to the proposed Farm Hills Boulevard or in the Jefferson Avenue area. The above findings of the Council Committee are based upon a meeting held with engin- eers from the Farm Hills Subdivision as well as Mr. Adamson, Mr. Jain and the City Manager, further supported by John Maja, State Public Health Officer, and Eugene Howell, of the San Mateo County Health Department. A further meeting was held on August 3rd, attended by members of the Council Com- mittee as well as Mr. Jain and Mr. Rolison. The Chairman of the Reservoir Committee was authorized to prepare a statement in favor of the Jefferson Avenue Site, based upon all the facts before the committee. Therefore, we recommend acceptance of the Jefferson Avenue site at no cost to the city. We do, however, recommend immediate financial outlay to acquire a reservoir site neer Sequoia Hospital and recommend that immediate steps be taken to acquire the same. Respectflly submitted, RESERVOIR COMMITTEE (signed) Floyd D. Granger 't Councilman Granger moved that the findings of the committee be accepted and that the matter be referred to the City Manager for his review and full recommendation at the August 15th meeting, seconded by Councilman Spillers. City Manager Rolison stated that he didn't have any cost figures for comparison, the only figures available being those presented by Oddstad Homes, and he did not know the basis they had used in