Loading...
HomeMy WebLinkAbout1959 05-26 CC MIN416 National City, California, May 26, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 r.M. o'clock. Council members presents Alien, Fess- man, Hollingsworth, Hodge. Council members absent: Hart. ADMINISTRATIVE OFFICIALS present: Alston, Baeder, Bird, Curran, Gautereaux, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Clark. Moved by Fessman, seconded by Allen, the minutes of the regular meeting of May 19, 1959, be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON stated due to the fact Mayor Hodge will not be able to remain for the entire meeting she would like permission of the Council to present the result of the bids on the drainage cul- vert, which is Item No. 1 under "New Business". Moved by Hollings- worth, seconded by Fessman, the City Clerk be authorized to change the routine of the agenda. Carried, all the Council present voting aye. CITY CLERK ALSTON reported the following bids were opened May 25th for the 30th Street Triple Box Culvert: T. B. PENICK & SONS, $39,562.32; MORRIS I. STEIMAN, $48,638.00; MUNS CONSTRUCTION INC., $54,253.00; JAMES T. LOOB, $54,972.00; JOHNSON-WESTERN CONSTRUCTORS, $60,933.00; FOSTER MARSCH CORP., $66,000.00; A. E. SMITH & SPEAKS, $75,096.40. REPORT OF CITY ENGINEER LILL was read, recommending the award of contract be made to T. B. Penick and Sons as low bidder. RESOLUTION NO. 7508 was read, accepting the bid of T. B. Penick and Sons in the amount of $39,562.32 for the 30th Street Triple Box Culvert. Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes, Allen, Fessman, Hollingsworth,Hodge. Nays: None. Absent: Hart. MAYOR HODGE excused. RESOLUTION NO. 7509 was read, granting a special zone variance per- rit to James T. Ferguson for the purpose of constructing an addi- tiot.ta1 two bedroom duplex over an existing structure on a parcel o. ;i'oand containing 7,233 square feet located in an R-2 District; constructing a four foot covered balcony, and permitting variance in rear yard setback. Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth. Nays: None. Absent: Hart, Hodge. 5/26/59 417 ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 840, FIXING FEES FOR SECURING PERMITS TO MOVE BUILDINGS," was presented for the first reading, and read in full. ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 827 REGARDING PARKING SPACES," was presented for the first reading, and read in full. ATTORNEY CURRAN stated he will be unable to attend the hearing to be held by the Ways and Means Committee of the Assembly on AB 1985; this is the bill involving library legislation, and recommended the Council authorize the expenses of such persons as the Library Board of Trustees wish to appoint to represent National City before the Ways and Means Committee in this matter. The meeting is to be held May 28th at 1:30 P.M. in Sacramento. The expense involved should not exceed $200.00. Moved by Alien, seconded by Fessman, the re- commendation of the City Attorney be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth. Nays: None. Absent: Hart, Hodge. ATTORNEY CURRAN reported the financing consultant with reference to the Joint Powers Agreement with the South Bay Irrigation District has advised him it is anticipated their report will be ready for consideration of the City Council and the Board of Directors of the South Bay Irrigation District early in June. ATTORNEY CURRAN stated there are some resolutions which appear to have typographical errors and it is his recommendation the Council authorize the City Clerk to amend those resolutions in the following particulars: Resolution No. 7496 be amended by interlineation so that the words and figures "R-1" are stricken and there is inserted in lieu thereof the words "R-4". Resolution No. 7501 which pertains to the 1911 Act on Harding Avenue, and it is recommended it be cor- rected to interlineation so that the words and figures "No. 479-L" be stricken and in lieu thereof there be inserted the words and figures "File I'o. 134-Al". Resolution No. 7507 which is the reso- lution authorizing the circulation of a petition for the proposed Sweetwater Unit No. 1 Annexation, it is recommended the figures "Section 151" which appear in the legal description in Sub -paragraph 1, 2, 8 and 9 be changed to read "Section 152". Moved by Allen, se- .a :a by Fessman, the recommendation of the City Attorney in regard t.) changing the resolutions be approved. Carried, all the Council present voting aye. ATTCIEY CURRAN stated the conmunication from the Board of Super- visors enclosing a copy of Ordinance No. 1898 (New Series) of the 5/25/59 418 County of San Diego has been examined and recommended it be filed. Moved by Fessman, seconded by Allen, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported he received a communication from the office of the General Counsel of the Metropolitan Water District of South- ern California which enclosed a copy of a certificate to be executed by the County Auditor of San Diego County with reference to property which is taxable by the Metropolitan Water District. This report is received annually by the City Attorney. ATTORNEY CURRAN reported he reviewed the minutes of the Small Craft Harbors Commission Meeting held April 20, 1959, and recommended they be filed. Moved by Allen, seconded by Fessman, the recommendation of the City Attorney be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he has conferred with the Attorneys for the California Water & Telephone Company with reference to the sugges- tion that the question of the relocation costs for Highland Avenue between 4th and 8th Street be consolidated with case now pending regarding the relocation costs on Highland Avenue between 8th and 18th Street. The California Water & Telephone Company is agreeable to such a consolidation and is agreeable to the making and entering of a contract substantially similar to the one which exists for the project on Highland Avenue between 8th and 18th Street. It is the City Attorney's recommendation the preparation of a contract and a resolution authorizing the same be permitted by the Council and that the City Attorney and City Engineer also be authorized to take what- ever steps are necessary by way of directives to the California Water & Telephone Company ordering the removal of the facilities which do interfere with the completion of the project between 4th and 8th Street. Moved by Fessman, seconded by Hollingsworth, the City Attorney's recommendation relative to Highland Avenue between 4th and 8th Streets be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth. Nays: Allen, Absent: Hart, Hodge. ATTORNEY CURRAN stated with reference to the report which has been cl,bri tted to him by the Chief of Police, it appears the investiga- tou shows that the premises at the corner of 2nd and Highland are being used in violation of the variance granted by the City Council, pursuant to Resolution No. 7382. In view of the opinion of the Council expressed in previous meetings, it is the recommendation of the City Attorney, the City Council at this time consider whether 5/26/59 419 or not on the basis of the investigation and report by the Chief of Police it desires to revoke the variance granted by Resolution No. 7382. Moved by Allen, seconded by Fessman, we revoke the variance until the restrictions put on by this resolution are complied with. VICE MAYOR HOLLINGSWORTH asked if the variance was revoked and they ever wished the zone variance granted again they would have to come in for another variance. ATTORNEY CURRAN stated that is correct, and if the desire of the Council is to revoke it the motion should be amended. Councilman Fessman withdrew his second to the motion. COUNCILMAN ALLEN stated this variance was given under conditions that have not been complied with, and as far as he is concerned the variance can be revoked permanently. HEARING ON 1911 IMPROVEMENT ACT of Highland Avenue from 4th Street to 8th Street was held at this time. CITY CLERK ALSTON stated she received no written protests for this hearing. ELIZABETH CARTER, 804 E. 4th Street, was present, and stated she sent in a written protest in April. CITY CLERK ALSTON stated the protest was for the hearing on the Engineer's report. MRS. CARTER stated she thought that protest would also suffice for this hearing. COMMUNICATION FROM MRS. CARTER dated April 14, 1959, was read, protesting the costly assessment against her property on Highland Avenue in view of the fact she is being assessed the same rate per front foot on a lot 36 feet deep as those whose lots are 100 feet or deeper. CITY ENGI- NEER LILL stated that protest was received for the hearing on the Engineer's report, and represents less than five percent of the total frontage of the property proposed to be assessed for this improve- ment. Moved by Fessman, seconded by Hollingsworth, the hearing be closed and the City Attorney be instructed to proceed with the 1911 Act on Highland Avenue between 4th and 8th Street, and prepare the necessary resolutions. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth. Nays: Allen. Absent: Hart, Hodge. THE MATTER OF THE ZONING at 2nd & Highland Avenue was again presented. COUNCILMAN AILEN stated Ordinance No. 750, Section 18, Sub -section A-6 provides that manure should be housed in a building, and this is not being done, therefore he wishes to have his motion stand. (ifUNCIIMAN FESSMAN said he would like to have Mr. Allen include in t.e .�rotion that the Chief of Police be instructed to enforce that .pertion of Ordinance 750 just stated. Moved by Allen, seconded by Fessman, the resolution ordering the conditional exception for a zone variance be revoked, and notify the Chief of Police this lessee is in violation of Ordinance 750, Section 18, Sub -section A-6, and t..ke the necessary steps to correct it. Carried, all the Council present voting aye. 5/26/59 420 ATTORNEY CURRAN stated the City Clerk referred to him a Notice of Meeting of Creditors in the matter of Joseph Damico, Debtor which is from the Bankruptcy Court. At the present time Mr. Curran said he did not know of any situation wherein the City would have any inter- est in this bankruptcy proceeding, however it should be made a mat- ter of record so if there is any city officer who does know of any interest to the City, the City Attorney should be advised so that steps can be taken to protect the interests of the City. It was the Attorney's recommendation the Notice of Meeting be filed. Moved by Fessman, seconded by Allen, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there was referred to him a communication from Senator John W. Holmdahl in regard to SB 1425, as amended. This bill arises out of the hearing being conducted by the Public Utilities Commission which is still going on, and started months ago. The City Attorney recommended the City of National City, an appearance was filed; and he attended one session; we made clear we did not want to participate in all of the sessions. Because of the appearance that has been made every several days there have been volumes of material which have been delivered to the City Attorney's office pertaining to this matter. It is a matter that involves an estimated $57 million a year to consumers of public utilities in the State of California. The bill would decide for the Public Util- ities Commission that which to date it has been unable to decide for itself whether or not the Public Utilities would get this money or whether the consumers would get it. It appears to be a good bill, and is set for a hearing Monday, June 1st. It was the recommenda tion of the City Attorney the City Clerk be authorized and directed to reply to this letter from Sen. Holmdahl by wire advising him the City Council is in favor of adoption of the bill and we desire to be informed of the progress of this bill and the time it may be set for hearing before the committee. Moved by Fessman, seconded by Allen, the City Attorney's recommendation be approved and the City Clerk be authorized to wire the Senator as recommended. Carried, all the Council present voting aye. COU OILM. N ALLEN stated with reference to salary increases for the Cit,r Clerk and the City Treasurer it is his understanding it is possible for the City Council to effect such an increase, but this was not referred to the Finance Committee at the last meeting. Moved by Allen, seconded by Fessman, this be referred to the Finance Committee for consideration. Carried, all the Council present voting aye. 5/26/59 421 COUNCILMAN FESSMAN stated he read of another tragedy in National City caused by a refrigerator being left open, and he was under the impression there was some law that required ice box and refrigera- tors to be disposed of, or fixed so they cannot be opened, or locked when not in use. There are some refrigerators in National City not in use and on lots, and as far as he can determine the door latches are on them. There is a salvage yard on McKinley Avenue around 21st or 22nd Street and others in that area that have refrigerators. Mr. Fessman said he thought the matter should be brought to the atten- tion of the Police Dept. or someone to have them watch and whenever they see those boxes, take corrective measures to prevent any trag- edy. Moved by Fessman, seconded by Allen, the City Attorney be in- structed to peruse our ordinances and if there are any that are ap- plicable to this problem to cite what they are and make the Police Department cognizant of them, and if not that we will consider en- actment of another ordinance that would adequately cover the situ- ation, and make a report on this at the next meeting. VICE MAYOR HOLLINGSWORTH stated some time ago the matter of a nuisance ordi- nance was being considered because of a cave in of some property causing the death of a child from suffocation, and asked the City Manager what happened in regard to the ordinance. CITY MANAGER BIRD stated the question of a nuisance ordinance is one which needs very careful study; when a nuisance or hazard is recognized the City is placed on record, and in so doing you then place the City, as a City, liable because you have recognized due notice. Therefore, a nuisance ordinance has never been adopted by the City. The question of a cave in, etc. is adequately controlled now by State law, and he believed there is also a State law governing ice boxes. However, the question presented by Councilman Fessman is a matter of coopera- tive control and notification to the people handling and selling ice boxes to see they are safe guarded. Carried, all the Council pre- sent voting aye. COMMUNICATION FROM CHAMBER OF COMMERCE BUILDING COMMITTEE was read, stating they have been exploring the question of a site for a suit- able Chamber -owned building for National City, and wish to know 01_..t'-ir the City Council would appoint a committee to meet with their 3uilding Committee to explore the matter of a site on City owned property, perhaps in a park or civic center area. Moved by Fessman, seconded by Allen, the communication be referred to the City Mana- ger for the purpose of ascertaining by him, what if any, City prop- erty might be available for that purpose, and after he has talked with the Committee from the Chamber of Commerce the request be 5/26/59 422 complied with and a committee from the Council be authorized to meet with these people provided there is land available as they are asking for. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF OFF SALE BEER & WINE BEVERAGE LICENSE by Dorothy V. & Emmett Beakley; 1540 Coolidge Avenue, was presented. REPORT FROM THE POLICE DEPARTMENT stated investigation reveals no ground for protest of this applications Moved by Allen, seconded by Fessman, the application be filed. Carried, all the Council presen-4 voting aye. NOTICE OF INTENTION TO CIRCULATE PETITION RELATING TO ANNEXATION OF CERTAIN TERRITORY TO THE CITY OP NATIONAL CITY UNDER THE ANNEXATION ACT OF 1913 was read. The territory sought to be annexed is desig- nated as "Sweetwater Annexation Unit No. 1". The petition was signed by seven persons. Moved by Fessman, seconded by Allen, the petition be accepted and referred to the City Engineer, City Clerk and City Attorney for their proper action. CITY CLERK ALSTON stated she received a communication from County Boundary Commission relative to "Sweetwater Annexation Unit No. 1", which is a verification of the elimination of the southerly two lots. Moved by Allen, seconded by Fessman, the communication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM RICHARD CARPENTER, Executive Director and Gene- ral Counsel, League of California Cities, was read, asking the Council be advised it will not be necessary for the League or any city to take a stand on SB 1173. At the request of the author, Senator Richard Dolwig of San Mateo County, the bill has been re- ferred to an interim committee for further study. Moved by Fessman, seconded by Allen, the communication be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Mailing Notice of Hearing on Harding Avenue from 13th Street to 20th Street and 20th Street from Harding Avenue to Wilson 'venue; also Afzidavit of costing Notice of Award of Contract o. 0" Avenue between 15th and 16th Streets. Moved by Allen, seconded by Fessman, the Affidavits f led. Carried, all the Council present voting aye. La's CLERK ALSTON stated on April 7, 1959, a warrant in the amount of 43,764.22 was issued to the Retirement System, with two or three checks and they received the others but apparently lost this one, and are asking that we send them another warrant. Mrs. Alston said it is her recommendation it be referred to the City Attorney to authorize her to stop payment on the warrant and issue a new one. 5/26/59 423 Moved by Alien, seconded by Fessman, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. CITY CLERK ALSTCN reported she attended the bi-monthly meeting of the City Clerks' Association at Anaheim last Friday, and the City Attorney from San Marino spoke at one of the sessions regarding AB 919. The City of National City protested the adoption of this bill and the last word we received was from our legislatures that the bill had been tabled, but the Attorney from San Marino stated to watch this very closely because the author is very agressive and even though it has been tabled it will not be there long. Mrs. Alston stated it is her understanding it has now come up again and perhaps the City Manager will report further on it. CITY ENGINEER LILL reported the contract has been signed with the Griffith Company for the improvement of "A" Avenue from 24th Street to 26th Street, and work should start in the near future. COMMUNICATION FROM H. G. FRISS, Assistant Property Agent, City of San Diego, was read stating he was submitting a Deed of Dedication together with a resolution dedicating to the City of National City an easement for the construction, operation and maintenance of a public sewer and appurtenances thereto, over, under, and upon prop- erty owned by the National School District. This easement was ac- quired at no cost, at the request of the City Engineer of the City of San Diego, pursuant to certain authorized agreements entered into by the two said cities and Marine Development, Inc., developers of Highland Park Estates. It was recommended these documents be ac- cepted by the City of National City. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare the necessary resolution of acceptance. Moved by Fessman, seconded by Allen, the recommenda- tion of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated there was a letter from Frank S. Hobbs, known as "Scotty", regarding an application for a site in the park, also the question requested of the City Manager as to what is the happenings in other cities. In regard to other cities, Mr. Bird stated it is true that other cities do contract on various steps of I;Cyzie):it with private individuals to operate kiddy rides, etc. in their various parks and amusement centers. However, in the case of this request, it is the Manager's recommendation that until such time as we have areas more readily available that lend themselves to such a thing, the Council not at this time consider allowing such a thing to go into the City's parks. Moved by Fessman, seconded by 5/26/59 424 Allen, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM MR. HOBBS was read stating he would like to lease from the City on a long terra lease, Lots 13 to 20 inclusive, Block 46, to operate his playland at 18th and Roosevelt. Mr. Anderson who owns Lots 21 and 22 has agreed to lease him that portion. CITY MANAGER BIRD recommended it be referred to the Finance Committee to set up a meeting with Mr. Hobbs to enter into a leasei Moved by Allen, seconded by Fessman, the recommendation of the City Manager be approved.• Carried, all the Council present voting aye. COUNCILMAN ALLEN asked if the City Manager would find outs if possible, what Mr. Anderson's lease terms are on his lots. COMMUNICATION FROM J. L. McELVANEY AND WILMA McELVANEY was read, stating they have made an assignment to the Bank of America, El Centro, of any amount due them, when, and if, paid by the City of National City under their contract for the donstruction of the dike. This will be the City's authorization to pay to the bank ail funds due, or to become due to them upon application and acceptance of the work. CITY MANAGER BIRD recommended the request be referred to the City Attorney. Moved by Fessman, seconded by Allen, the recommenda- tion of the City Manager be approved. Carried, all the Council present voting aye. Moved by Fessman, seconded by Allen, the re- quest be approved, subject to the City Attorney's recommendation to do so. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a number of communications which per- tain to legislation, and made specific reference to SB 1004. As a result of a recent court case a matter of doubt has developed con- cerning many subdivision charges. This case which has been carried to the California Supreme Court appears to establish that a city cannot make off site charges on a subdivision even though the part- icular subdivision may be causing off site problems. This is part- icularly serious in the case of drainage where often a problem is created by a subdivision outside of its boundary. This bill comes before the Senate committee on June 2nd. CITY MANAGER BIRD recom- mended this be referred to the City Attorney with authorization upon his findings to act on behalf of the City in support of the bill. Moved by Fessman, seconded by Allen, the City Manager's re- commendation be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, relative to their meeting of May 12, 1959, and doing field trip following, the Commit- tee studied several problems which were recommended be referred to 5/26/59 425 the City Manager's office. 1. A "Stop bar" be painted on the traffic lanes West bound on Plaza Blvd. at "L" Avenue. Also the curb be painted red for a distance of fifteen feet approaching the existing stop sign. CITY MANAGER BIRD stated it is now in the pro- cess of being done. 2. Mr. Bonamo was present at the meeting and complained the "No Parking" signs on 21st Street, National to "A" Avenue are causing his business to suffer. A study of this situa- tion, coupled with an engineering survey reveals there is an en- croachment on the North side. A bank approximately one and one-half feet high, a fence, walk, shrubs, water meter, etc. extend approxi- mately seven and one-half feet into the right of way. This forty foot wide street was dedicated in 1881 and therefore undoubtedly pre- dates the encroachment. It was recommended the encroachment be re- moved, the travelled way and sidewalk area be graded to proper grade. When this is done the travelled way will be 30 feet wide with five foot wide sidewalks and at that time the "No Parking" signs could be removed. COUNCILMAN FESSMAN said he thought the Water Company should be notified to remove the water meter so it is in its proper place in relation to where the curb would be, but no grading should be done by the City until such time as the property owners want to put in sidewalks and curbs. Moved by Fessman, seconded by Allen, the Water Company be notified their meter is encroaching on the right of way and they be instructed to move it where it belongs. Carried, all the Council present voting aye. Moved by Fessman, se- conded by Allen, the property owners on the North side of 21st Street be instructed to remove the obstructions that are in the right of way. Carried, all the Council present voting aye. COUNCIL- MAN ALLEN stated he would not recommend the "No Parking" signs be taken down until such time as the sidewalks and curbs are put in. COMMUNICATION FROM J. C. BAILEY, FIRE CHIEF, was read, stating the fire alarm system most fitted to our requirements, would be the Telegraph Coded Non Interferring System. The proposal of the Tele- graph System has been given careful consideration, and is recognized by the Board of Fire Underwriters. It was the Fire Chief's recom- mendation this type of fire alarm system be installed in National City, REPORT FROM THE FINANCE COMMITTEE was read, recommending that a fire alarm system, with an auxiliary police system, for the City of rational City, be installed; and that the contract of the Game - well Company be accepted, and the City Attorney be authorized to renew the contract and prepare the necessary resolution authorizing the Mayor to sign said contract. Moved by Fessman, seconded by Allen, the Finance Committee's recommendation be apprpved. Carried, all the Council present voting aye. 5/26/59 426 CITY MANAGER BIRD recommended the City Clerk be authorized to ad- vertise for bids for road material for the fiscal period 1959-60.. Moved by Fessman, seconded by Allen, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. LEGISLATIVE BULLETIN FROM LEAGUE OF CALIFORNIA CITIES regarding AB 919 - Metropolitan Fire Protection Authorities, was read. CITY MANAGER BIRD stated this is a very vicious bill, and will be coming up for hearing; and recommended the City Clerk be authorized to send letters to our Assemblymen and also to our Chairman of the Committee. VICE MAYOR HOLLINGSWORTH suggested telegrams be sent. Moved by Fessman, seconded by Allen, the City Clerk be authorized to send telegrams opposing this bill, Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, regarding request re- ceived from Jack Dembo for the closing of "A" Avenue between 15th and 16th Street, which was referred back to the Planning Commission for further study. Report received from City Engineer Lill recom- mended no permanent culvert Avenue at 16th Street until on Paradise Creek, as it is an adequate structure prior completed, such a structure existing structure. < Report construction be contemplated across "A" such time as the diversion is completed impracticable and illogical to construct to such time. After the diversion is could be built resembling somewhat the from Supt. of Parks and Recreation Gautereaux, stated the present thinking for the development of Kim- ball Park in this area is for a parking area lying in "A" Avenue. Therefore, it is his recommendation the street be closed maintaining 15th Street open to the centerline of "A" Avenue thereby making it possible for entrance and exit to the parking area from either 15th or 16th Street. To date no report has been received from the Park and Recreation Advisory Board. The Commission recommended the clo- sing of the street. Moved by Fessman, seconded by Allen, this mat- ter be tabled until we have a report from the Park and Recreation Advisory Board. Carried, all the Council present voting aye. REPORT FkOI THE PLANNING COMMISSION was read, regarding application for zone change signed by Adelia Rosing relative to the property Icattd et 1224 E. 18th Street. Petitioner is requesting a zone u'.dn,e from R-1, Single Family Residence District, and R-4, Multiple 1•amily Residence District to all R-4, Multiple Family Residence Dis- trict. The Commission recommended the granting of the zone change. COUNCILMAN ALLEN stated he is not opposed to the zone change, but is opposed to approving it at this particular time because of the pos- sibility of "M" Avenue going in and having a cul-de-sac at both 5/26/59 427 ends, and if we approve a zone change instead of a variance we can- not hold Mrs. Rosing to an oral communication that she will dedicate a cul-de-sac. Mr. Allen said he would like Mrs. Rosing to put in writing that she intends to give a cul-de-sac. Moved by Allen, this be referred back to the Planning Commission to inform Mrs. Rosing that if she gave the City a deed for a cul-de-sac for "M" Street, referring back to an old map, it might be acceptable. COUNCILMAN ALIEN withdrew his motion. Moved By Fessman, seconded by Allen, the request for a zone change be tabled until such time as we receive dedications for an opening from 20th Street north into Mrs. Rosing's property, and at that time new consideration be made to zone her property R-4. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated on April 27th the Planning Commission recommended favorable consideration of a petition requesting the closing of "A" Avenue north of 20th Street from an 804 and 70' right of way to a 60' right of way, This matter was referred back to the Planning Department because of an incomplete legal descrip- tion. Mrs. Stockman stated she now has the correct description, which has been approved by the City Engineer, and recommended it be referred to the City Attorney so he can proceed with the closing. Moved by Allen, seconded by Fessman, the recommendation of the City rlanner be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7510 was read, "RESOLUTION ORDERING WORK (Highland Avenue from 4th Street to 8th Street)." Moved by Fessman, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth. Nays: Allen. Absent; Hart, Hodge. RESOLUTION NO. 7511 was read, "APPROVING THE CIRCULATION OF A PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS "SWEETWATER ANNEXATION UNIT NO. 1" TO CITY OF NATIONAL CITY." Moved by Fessman, seconded by .Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth. Nays: None. Absent: Hart, Hodge. 147CE MAYOR HOLLINGSWORTH, Chairman of the Finance Committee, re-- q.e.ted the Committee to meet on Friday, June 5th at 2:00 P.M. C:T1 MANAGER BIRD asked Vice Mayor Hollingsworth if it would be In order for him to notify Mr. Hobbs to be present at the meeting with reference to leasing City property, and it be the first order of business. VICE MAYOR HOLLINGEWORTH gave her approval. 5/26/59 428 Moved by Fessman, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:45 P. M. ATTEST: CITY CLERK VICE —MAYOR, CITY OF N STIONAL CITY, CALIFORNIA 5/26/59