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HomeMy WebLinkAbout1957 09-17 CC MIN106 National City, California, September 17, 1957 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Hart, Hodge. Council members absent: Heck, Hollingsworth, ADMINISTkATIVE OFFICIALS present: Alston, Bird, Curran, Stockman, Lill, Holgate, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, follow- ed by invocation by Rev. Vernon. Moved by Fessman, seconded by Hart, that the minutes of the regular meeting of September 10, 1957, be approved. Carried, all the Council present voting aye. COUNCILMAN HECK present. RESOLUTION NO. 7072 was read, accepting the quitclaim deed dated August 20, 1957 executed by the California Water & Telephone Company. Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hodge. Nays: None. Absent: Hollingsworth." RESOLUTION NO. 7073 was read, ''RESOLUTION DIRECTING ASSESSMENT TO BE PREPARED AND SIGNED BY ENGINEER OF WORK (Grove Street)." Moved by Hart, seconded by r'essman, that the Resolution be adopted. Carried, by the following vote to wit: Ayes: Fessman, Hart, Heck, Hodge0 Nays: None. Absent: Hollingsworth. ATTORNEY CURRAN reported that F. San Martin & Sons have filed a certificate of insurance issued by the Manhattan Fire and Marine In- surance Company which shoes coverege in the amounts required by F. San Martin & Sons contract, and recommended the certificate be ap- proved and filed. Moved by Fessman, seconded by Hart, that the At- torney's recommendation be followed. Carried, all the Council pre- sent voting aye. ATTORNEY CURRAN referred to the question of imposing as a condition on the acceptance of granting an easement to the San Diego Gas 8c Electric Company a condition that the easement would expire at the time the City no longer used the Housing Project. The way to do that would be not by the acceptance, but by the easement itself, so that the grant itself was limited. Perhaps it would be even better, rather than making it an easement to make it a permit. If the City desires to impose such a limitation it should be done in the grant of the authority itself rather than by the resolution. Moved by Hart, seconded by ?essman, that this matter be referred to the City Manager for his advice. Carried, all the Council present voting aye, ATTORNEY CURRAN reported that the State Compensation Insurance Fund has issued an endorsement to the Citr's compensation Insurance policy whereby the rates are raised 6.6%. 'his increase in rates is be- 9/17/57 107 cause of the increase in the maximum weekly benefits and death benefits which became a law last week by-action`of-the'Legislat-: ure os last session. This endorsement should be .approved' and filed with the original policy. Moved by Heck, seconded by Hart, that the Attorneyts recommendation be allowed. Carried, all the Council present voting aye, CITY ATTORNEY CURRAN stated in regard to the communication from the County of San Diego with reference to the advisability of entering into a formal agreement for the operation of the siren system for Civil Defense training and organization purposes, there appears to be no legal objection to such an agreement and the reference requires several consultations with the County of San Diego, and recommended the matter go forward on that basis. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $18,001.51 Traffic Safety Fund 2,443.41 Park Fund 494.58 Special Street Fund 116.00 Drainage Fund 27.50 Swimming Pool Fund 182.63 Acquisition R/W Fund 200.00 Payroll Fund 40,373.55 TOTAL $61,839.18 Moved by Heck, seconded by Hart, that the bills be approved for pay- ment and warrants ordered drawn for same. Carried, by the follow- ing vote to -wit: Ayes: Fessman, Hart, Heck, Hodge. Nays: None. Absent: Hollingsworth. RESOLUTION NO. 7074 was read, authorizing the following expenditures from the Capital Outlay Fund: Champ, Wilson & Slocum, $4,398.84, advertising sale of property; Art Gussa, S1,188.54, final payment on stair addition; Teyssier & Teyssier, $42,409.00, work on swimming pool. Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ryes: Fessman, Hart, Heck, Hodge. Nays: None. Absent: Hollingsworth. CARL BUINETT, 827 Olive Avenue, was present representing 110 petit- ioners in regard to the zoning of the 0. D. Arnold Estates Annexat- ion, and stated they would like to meet at an unofficial meeting with the Planning Commissioners, members of the Council and Mr. Arnold to try and come to an agreeable decision for all concerned. CITY PLANNER STOCKMAN stated the Planning Commission has held two public hearings on this matter with a recessed hearing so the people in the area, Mr. Arnold and the Planning Commission could give fur- ther study to the problem. There was a petition presented with 110 signatures opposing the R-4 :end C-3 zoning, as requested by Mr. Arnold on the 0. D. Arnold Estates Annexation. At the re Gessed hear- ing the property owners requested a decision be made by the Planning Commission, therefore, the Commission took into consideratio?1 future 9/17/57 108 planning and made a recommendation which will be forthcoming under the Commission's report later on the agenda. COUNCILMAN HECK sug- gested any further discussion be withheld on this until the matter comes up on the agenda later in the meeting. VINCENT JILLARDSON, 2140 uI4 Avenue, was present and stated he has a written request to the Council and would like it to be presented at this time. CITY CLERK ALSTON stated we have the hearing on :ID Avenue scheduled for 2:oo P.M., and it will be brought up at that time. REPORT OF CITY TREASURER for August, was presented. Moved by Heck, seconded by Fessman, that the report be filed. Carried, all the Council present voting aye. APPLICATION FOR OFF SALE BEER & WINE LICENSE by Handy Pantry #1, 1649 S. Euclid Avenue was presented. REPORT FROIV CHIEF OF POLICE SMITH was read stating that investigation disclosed no grounds for protest. Moved by Hart, seconded by Fessman, that the application be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated that Chief Smith has submitted two reports on applications for beverage licenses. APPLICATION for new on sale beer and wine license by Rana Pizza House, 1815 Highland Avenue, was presented, and report from Chief Smith stated that investigation re- veals the location is within one block from Highland School, and rec- ommended that the application be protested. Moved by Heck, seconded by Fessman, that the application be protested by the City Council, and referred to the City Attorney. Carried, all the Council present voting aye. APPLICATION for on sale beer and wine license of High- land Inn, 215 Highland Avenue, was presented, and report from Chief Smith stated investigation reveals that the applicants at the present time have no business license for the City of National City and have no control of the property mentioned in the application, and recom- mended that a protest be made. Moved by .essman, seconded by Hart, that the Council register a protest to the proper authorities, and the reason for protesting, and the matter be referred to the City Attorney. Carried, all the Council present voting aye. CITY CLERK ALSTON stated that on July 16, 1957, we issued check No. 10972 in the amount of $16.97 to J. N. Ceazan Company, and they never received the check. The check has never been cashed and returned to the City. Mrs. Alston recommended steps be taken to stop payment on the check and authorize the Attorney to prepare a resolution authorizing another payment. Moved by Fessman, seconded by Hart, that the City Clerk's recommendation be allowed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated her annual report is ready to file with the State Controller and has been approved by the City Auditor. Moved by Heck, seconded by Fessman, that the report be filed. Carried, all the Council present voting aye. 9//l/57 109 NOTICE FROM PUBLIC UTILITIES COivMISSION of investigation to estab- lish rules and procedures to facilitate administration of the 1957 amendment of Vehicle Code Section 576 & 576-5 relating to the re- quirement that certain vehicles must stop at railroad grade cross- ings, was presented, and City Clerk Alston recommended it be referred to the Attorney. Moved by Heck, seconded by Fessman, that the City Clerk's recommendation be followed. Carried, all the Council pre- sent voting aye. COMMUNICATION FROM JOHN W. LOUCKS was read stating he is the owner of a portion of property in 40 acre Lot 2, Quarter oection 132, and has been advised by Mr. Wilson, agent of the Mayfair Corporation, that loth Street is to be extended easterly. Mr. Wilson further advised him that the extension of loth Street would be close to, but not in contact with the property in which he has an interest. He requested that he receive a notice of the hearing when this mat- ter is considered by the Council. Moved by Heck, seconded by �iess- man, the letter be forwarded to the Planning Commission. Carried, all the Council present voting aye. CITY CL& K ALSTON stated we would now have the hearing on "14 Avenue. COMMUNICATION FROM VINCENT i4ILLARDSON & BISHOP CALVIN A JUDD, L. D. S. Church, was read, stating as property owners they request that the following considerations be granted: 1. That 4I" Avenue be closed to a 60 foot street from 21st to 24th Street, and also 22nd and 23rd Streets from Highland to "I4 Avenue. 2. That when, and if, sidewalks are installed in this area that they be installed adjoin- ing the curb instead of within two feet of the property line. COM- MUNICATION FROM ARTHUR J. VIGNLAULT, 2331 "IN Avenue, was read, stat- ing they have an aggrieved feeling that parts of this contract was not done according to plans and specifications. The area from the curb line to the property line was to be brought to a final grade with a minimum of 4 inches'of top soil, and he has measured the thick- ness of the soil at every 10 foot intervals, and the soil varies from 4 inches to none at all. They do not feel they are getting what the contract called for and ask that it be straightened out. COMMUNICL.TION FROM EiiNST SPRING, 909 East 22nd Street, was read stating that the oil and A. C. pavement was badly damaged at 909 East 22nd Street when the grading for the curb and paving was done and think it should be repaired. COUNCIL 4O AN HOLLINGSi ORTH present. COUNCILMAN HECK stated he believed the communication of Mr. Wi1l.ard- son is not incidental to this project, and suggested that the letter be withdrawn from this hearing at this time. The hearing is on tie 1911 Improvement Act on NI" Avenue and the letter has no bearing on the Improvement Act. Moved by Heck, seconded by £essman, that the letter be withdrawn. Carried, all the Council present voting aye. COUNCILMAN HECK asked the City Engineer if he had any knowledge of the damage done to the curb by the contractor's equipment. CITY ENGINEER LILL stated he did not. BISHOP JUDD, L. D. S. Church, was present and stated that the paving has not been very good and the 9/17/57 110 grading could have been a little more even around the SE corner of 21 s t & u I 4 Avenue. COMMUNICATION FROM IUiRS . BUCK L. MOODY, 2305 '° P Avenue, was read, stating she wished to call attention to the drain- age off 014 Avenue down 23rd Street and would like to have 23rd Street graded. ARTHUR J. VIGNEAULT was present and stated that the contract called for a minimum of four inches of top soil, and in many places there is no top soil at all. COUNCILMAN HECK asked if the plans and specifications did call for the replacement of top soil where there would normally be sidewalks. CITY ENGINEER LILL stated the specifications call for putting top soil in the sidewalk area, the top soil to be taken from the project grading; if there is no top soil in the project then they do not get any. MR. WILLARDSON stated the top soil from the entire project was put down in the can- yon and left there. COUNCILMAN HECK stated that due to the number of written and verbal protests he did not think we should proceed with the hearing, a delay should be held in the proceedings so that we may receive a report from our Engineer as to certain acqusati ons and from the City Manager about the top soil condition. ATTORNEY CURRAN stated because of the technicalities in the 1911 Improvement Act, it is essential that this hearing be continued to a date cert- ain, at which time anybody can appear and protest. Moved by Heck, seconded by Hart, that this hearing be continued to 1:45 P.M., October 1st. Carried, all the Council present voting aye. Moved by Fessman, seconded by Hart, that the City Engineer and City Manager be instructed to investigate and bring in a full report on the con- ditions as outlined today on the protests, and to call on these people and verify their objections. Carried, all the Council present voting aye. MR. WILLARDSON asked if the continued hearing will change the due date of the payment on the project. MAYOR HODGE stated that is the reason for adjourning the meeting. HEARING on assessment of 13th Street 1911 Improvement Act was held at this time. CITY CLERK ALSTON stated she received no written pro- tests. NATALIE SCHAUB, 1304 Lanoitan Avenue, was present and stated she wished to know about the payment of the assessment; they re- ceived two notices of the assessment, each in a different amount, and asked which one was correct. CITY CLERK ALSTON stated there was a split in property, making more assessments, and the engineer gave us a new list, and we sent out the second notices, so the last not- ice is correct, and a notice will also be sent by the contractor stating the amount to pay and when to pay. Moved by Heck, seconded by Hollingsworth, that the hearing be closed and the Attorney be instructed to prepare the necessary resolution. Carried, all the Council present voting aye. CITY ENGINEER LILL reported that the plans and specifications for the resurfacing of Eighth Street from Hoover Avenue to `L' Avenue have been forwarded to the State Highway for approval. MAYOR HODGE stated he would entertain a motion that before that improvement is ever made that it be worked out with the Merchants Association as to the date they would like to have the work done, otherwise it is likely to be done during the Christmas season, or some such time. 9/17/57 111 CITY ENGINEER LILL stated he has a petition for the improvement of Harding Avenue between 14th and 16th Street, for paving, grading and otherwise improving. The petition was signed by 71.5of the frontage adjoining such proposed improvement. It was recommended that the petition be approved and that the project be authorized. Moved by Fessman, seconded by Hollingsworth, that the City Engineer's recommendation be approved. Carried, all the Council present voting aye. CITY ENGINEER LILL reported that the contractor is requesting an extension of time on the Harbison Avenue improvement from 4th to 6th Street, and recommended it be granted. Moved by Heck, seconded by Hollingsworth, that the recommendation be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON asked if the Council wished to consider the letter from Mr. Willardson and Bishop Judd at this time. COUNCILMAN HECK stated the items in the letter were discussed one time previously and at that time we could not proceed due to the fact that the 1911 procedures were started and if this is still in the same stage as previously, would suggest that the letter be held in abeyance until the 1911 proceedings are completed and the matter should then prob- ably be forwarded to the Planning Commission for consideration and recommendation. IJIR. WILLARDSCN stated the church is very anxious to get sidewalks in before the rainy season starts, and asked if this could not go before the Planning Commission and get cleared while the Council is waiting for the next hearing date. COUNCILMAN HECK asked if the property owners cannot go ahead and proceed with the installation of sidewalks anytime they so wish during the 1911 procedure, but the street dannot be closed from an 80 foot to a 60 foot street without formal hearings and adopting of an ordinance, but the sidewalks can be installed in accordance with our existing ordinances. ATTORNEY QJRiRAN stated there is no question about the proposition as presented by Mr. Heck. COUNCILMAN HECK said we can- not do anything regarding the widening or changing of the curb lines until the 1911 Act is completed. MR. wILLARDSON said they would like to place the sidewalks contiguous to the curbs. BISHOP JUDD asked if they were to petition to have the sidewalks put in next to the curb under an 1911 Improvement Act, what would be done about it. MAYOR HODGE said they would be put in next to the curb. BIS- HOP JUDD said it would take about one year to process a 1911 Act and he could see no reason why the sidewalks could not be put in now. ATTORNEY CURRAN stated in regard to the sidewalks, Mr. Heck, is right, we have ordinances on this problem. The request of Mr. Willardson is that it be given to the Planning Commission so the matter will proceed while the 1911 Act is being cleared up, and there is no reason why the matter could not be referred to the Ylan- ning Commission for whatever action is necessary or appropriate, and the assessment should be confirmed at the continued meeting at a time before it would again be before the Council, if it is nec- essary to come before the Council. Moved by Hart, seconded by Hol- lingsworth, this be referred to the Planning Commission for their thinking and decision. BISHOP' JUDD stated they would like to put 9/17/57 112 the sidewalks in on 21st Street, but if this procedure must be fol- lowed, that it be done as quickly as possible. CITY MANAGER BIRD said the Bishop stated he wanted to put in sidewalks on 21st Street, that has nothing to do with the request for the closing of 41" Aven- ue, therefore, he would advise the Bishop and the Church to make a petition to the City Council if they want contiguous sidewalks, it is not incorporated in their present existing application. The ap- plication which is proposed to be referred to the Planning Commis- sion is for closing of ;'I,c Avenue, 22nd and 23rd Street, and has nothing to do with 21st Street, the 115 feet which they wish to put the sidewalk upon. MAYOR HODGE asked City Planner Stockman that this be on the Planning Commission agenda for their next meeting. Car- ried, all the Council present voting aye. COMMUNICATION FRav FIRE CHIEF BAILEY was read stating that arrange- ments have been made for a demonstration of the Phono-Matic Municipal Phone Alarm. The time of this demonstration will be October 8th immediately upon adjournment of the Council meeting. Local repre- sentative Fred Barth and a factory representative will be on hand to demonstrate the system and answer any questions that might be asked. Each member of the Council and the City Manager are invited to visit the Fire Department at that time to observe and compare other type alarm systems. COMMUNICATION FROM ASSISTANT DIRECTOR OF DEPARTiSENT OF PUBLIC WORKS was read regarding the proposed agreement for pound facilities and services. Seven copies of the agreement were attached. CITY MANAGER BIRD recommended they be referred to the City Attorney. Moved by Hart, seconded by Fessman, that the City Managers recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had an easement and two copies of right- of-way to the San Diego Gas & Electric Company for our services on Las Palmas Park. This is of an immediate nature. 'Tie are holding up subcontractors on the pool; we are holding up a change order. Mr. Bird said he would recommend the Council approve this subject to Attorney Currants opinion so he can get a release on a work order of San Diego Gas & Electric Company. Moved by Fessman, seconded by Hart, that the City Managers recommendation be allowed. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended that the City attorney be authorized to prepare the proper resolut- ion of acceptance of the right-of-way. Moved by Heck, seconded by Hart, that the City Managers recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated sometime ago an application of M. H. Golden Company to put in some A. C. on 19th Street, and at a June meeting of the Council, it was left to the discretion of the City Manager and City Engineer. die had a subsequent meeting with Mr. Shoemaker representing Golden Company, and it was their recommendation that we would establish 19th Street from McKinley west to Tidelands Avenue at 64 foot travelway width. We found that a 48 foot travel - way width and also Golden Company could not put in the permanent 9/17/57 113 improvements which we were asking for at the present time due to the establishment of the street and also other conditions inherit with the area, so we made a proposal to the Golden Company to the effect that we would grant them permission, subject to Council approval, of putting in A. C. in the parkway areas inibat industrial area pro- vided they put up a good performance bond in the amount of the cost of the improvements as estimated by the City Engineer, if they would sign a contract with the terms to be that when 19th Street was im- proved permanently, the Golden Company would pay and place the per- manent improvements. They are willing to put a bond up to that ef- fect, and asked authorization for the City Attorney to prepare that contract. Moved by Fessman, seconded by Hart, that the City Attorn- ey be authorized to prepare the contract. Carried, all the Council present voting aye. O0iii UNIC<.TION FROM DEPARTMENT ENT OF COMMERCE acknowledging copy of Resolution 7064, eleven copies of the map of National City and the check for $1,670. to cover the cost of preparing the special census maps, supervisor expenses, tabulation of results, and other items in connection with the special census. A representative from the Los Angeles office will assign a member of his staff to supervise the census and will notify the City of the name of the supervisor and the date of the supervisor's arrival in National City. The for- mal agreement will be prepared for signature of Mayor Hodge and will be presented to him by the special census supervisor when he arrives in the City to conduct same. RESIGNATION OF FRANK B. FINNY, Asst. City Engineer, effective October 16th, was presented, and City Manager Bird recommended it be approved. Moved by Hart, seconded by Fessman, that the resig- nation be accepted with regret. Carried, all the Council present voting aye. COMMUNIG:-.TION FROM J. C. FRY, Chief Engineer of Santa Fe Railway Company was read stating that several months ago their Mr. Stubbs was given certain papers covering the deduction of a portion of Santa Fe property for street purposes, Tidelands Avenue. Attached was a copy of a proposed easement for the Council's consideration, and if the form is satisfactory they will then be in a position to handle with their executives for execution. The transaction is sub- ject to final approval of their executives. CITY IYMANAGER BIRD stated we requested, and sent to the Santa Fe a deed for that por- tion adjacent to 24th Street on proposed Tidelands Avenue. They have in turn offered us an easement. There are some things in the easement that perhaps should be ironed out, and recommended it be referred to the City Attorney for his opinion and a report to the Council. Moved by Hollingsworth, seconded by Fessman, that the City Manager's recommendation be followed. Carried, all the Council present voting aye. COMMUNICATION FROM UNION TITLE INSUR"JNCE & TRUST COMPANY w<: s read stating they are enclosing the grant deed executed by Margaret M. Noble. CITY MANAGER BIRD recommended the City Attorney be author- ized to prepare the resolution accepting the deed. Moved by Fessman, 9/17/57 114 seconded by Hollingsworth, that the City Manager's recommendation be followed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the application of the San Diego Transit Mixed Concrete Company to the Council requesting per- mission to assign their lease on tidelands property, dated November 30. 1950, to the National Plating & Processing Company, Inc,, this was referred to the Harbor Committee. REPORT of the meeting of the Harbor Committee stated that Councilman Heck favored the assign- ment at an increased rate. Chairman Fessman stated that the City is morally and legally obligated to continue at the present rental rate, and Councilwcman Hollingsworth was in agreement with Chairman Fessman. Moved by Hollingsworth, seconded by Fessman, that they recommend to the City Council to adopt a resolution for the assign- ment of the lease to the National Plating & Processing Company at the rate that now exists. Carried, Fessman and Hollingsworth, ayes; nays, Heck. CITY IviiuNAGER BIRD recommended that if the Council wishes to accept the recommendation of the Harbor Committee that the City Attorney be authorized to prepare the necessary papers. Moved by Fessman, seconded by Hart, that the Harbor Committee's recom- mendation be approved, and the City Attorney be authorized to pre- pare the necessary resolution. COUNCILLAN L.CK asked if we were prohibited to increase the rental. ATTORNEY CUIN stated that if the rights are assigned then the assignee stands in the shoes of the present leasee and there is not any basis for one party imposing new conditions and attempting to make a new lease. If the Council does not want to assign, it does not have to, if it is assigned, then the assignee gets the same rights as the assignor has. One party cannot change an agreement by its own action. COUNCILMAN HICK asked if one pary wished to change the conditions, could the lease be assigned upon agreement by both parties. ATTORNEY CURRAN stated it is always possible for both parties to come to an agreement changing, assigning or cancelling it. Considerable discussion fol- lowed. Motion carried, by the following vote to -wit: Ayes: Fess- man, Hart, Hollingsworth, Hodge. Nays: Heck. CITY MANAGER BIRD stated at the September 16th meeting of the Har- bor Committee the application of Glenn & uiright for a portion of the tidelands was considered, and they recommended that City Attorney Curran be authorized to confer with the law firm of Glenn. & u';right to prepare a lease contract for a portion of the tidelands desired by their client. Moved by Fessman, seconded by Hart, that the Har- bor Committee's recommendation for the City Attorney to confer with the firm of Glenn & 'alright be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated John Hancock was present at the Harbor Committee meeting, and he requested the lease of tidelands property, and was informed by the Committee to place the request in letter f orni, which he so did. COMMUNICATION FROM JOHN HANCOCK was read, stating his company requests the lease of approximately 3.104 acres immediately south and adjacent to Parcel 4-B of National City Tide- lands. This parcel, they understand, will be next to the parcel 9/17/57 115 leased by the National Lumber Company. They desire a maximum 15 year lease and are willing to pay three cents per square foot for the first five years of the lease, the second five years to be sub- ject to negotiation in price, but not to exceed three and one-half cents per square foot; and the third five years to be subject to negotiation in price, but not to exceed four cent per square foot. They are willing to assume their share of the cost of installation of a spur track with the adjacent lease. Moved by Fessman, seconded by Hart, that the request of Mr. Hancock be approved, and the City Attorney be instructed to prepare a lease. COUNCILiilAN HECK quest- ioned if it would not be better to refer this back to the Harbor Committee for further consideration. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING CCiviv1ISSION of September 10th was read re- garding the recommendation of the Commission on the establishment of zoning on the 0. D. Arnold Estates Annexation. The area between the proposed Plaza Blvd. and 8th Street to be zoned C-3, General Business, with an R-4, Multiple Residence buffer zone to the south and the remaining area to be zoned R-1, Single Family Residence. The Commission recommended the granting of the zoning as requested by the owner of the 0. D. Arnold Estates. Moved by Hollingsworth, seconded by Hart, that the Planning Commission's recommendation be sustained and the hearing set for 2:00 P.M., October 8th. MR. BUR - NETT, 827 Olive Ave., was present and stated the petitioners wish to have a private discussion with Mr. Arnold to see if they cannot work out something that will be satisfactory to all concerned. Council- woman Hollingsworth, with the approval of Councilman Hart, rescinded their motion. COUNCILMAN HART suggested that Er. Burnett contact the Chairman of the Planning Commission and also Mr. Arnold and make arrangements with them for holding a meeting. COUNCILMAN FESS- MAN suggested that the Council set a hearing date where it will be heard before the Council, but that does not preclude the people to have their meeting with Mr. Arnold and invite the members of the Planning Commission to someone's home or some place, and then when the hearing is held by the Council they can come in and if they have agreed to something, they can then present it to the Council, and it will not be delayed. COUNCILMAN HART excused. Moved by Hollingsworth, seconded by Fessman, that the hearing on the zoning of 0. D. Arnold Estates be set for 2:30 P.M., October 1st. Carried, all the Council present voting aye. COUNCILMAN HART present. REPORT FROM THE PLANNING COMMISSION was read regarding grant deed from Thomas E. and Evelyn B. Vuard for a 25 foot continuation of the north half of 17th Street westerly from the centerline of I'MfP Avenue. Report from the City Engineer advised that because of the existing conditions in this area, he does not object to the proposed 116 dedication. The Commission recommended the acceptance of the deed. Moved by Heck, seconded by Fessman, that the Planning Commission's recommendation be approved, and the Attorney prepare the necessary resolution of acceptance of the deed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated that with the hearing on the 13th Street As- sessment concluded, if we would have a finding by the City Council that the Affidavit of Publication and the Affidavit of the Mailing of the Notice of the Hearing, and the Affidavit of Posting of the Notice of the Hearing, are approved and are Mel, we can proceed with the Resolution confirming the assessment. Moved by Heck, sec- onded by Hollingsworth, that the Attorney's recommend_.tion be al- lowed, and the resolution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None, RESOLUTION NO. 7075 was read, "'RESOLUTION CONFIELING ASSESSMENT (13th Street)." Moved by Fessman, seconded by Hart, that the Res- olution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7076 was read 'RESOLUTION EXTENDING TlhE (Fourth StreeW. Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated that pursuant to the directions of the City Council, the City Attorney together with Attorney for the South Bay Irrigation District incorporated into the Joint Powers Agreement of 1957 the matters which were agreed upon at the last joint meeting. This agreement can now be considered a final draft and as far as we know, it covers all the points which have been discussed and prob- ably should be referred to the Finance Committee for a report back to the City Council. Moved by Hollingsworth, seconded by Fessman, that the Attorney's recommendation be approved, and it be referred to the Finance Committee for a report to the Council. Carried, all the Council present voting aye. Moved by Hart, seconded by Fessman, that the meeting be closed, Carried, all the Council present voting aye. Meeting closed at 4:13 P.M. MiYOR, CITY OF NATIONAL CITY. CAL7,,F�RNIA ATTEST: CITY GLERK