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HomeMy WebLinkAbout1958 08-12 CC MIN49 National City, California, August 12, 1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. otclock. Council members present: Allen, Fess- man, Hart, Hodge. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Gautereaux, Hol- gate, Lill, Stockman. The meeting was openewith pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Hatch. Moved by Fessman, seconded by Allen, the minutes of the regular meeting of August 5, 1958, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7292 was read, 4BESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY'", Grant Deed from William M. & Lois B. Courtney, dated July 14; 1958; Grant Deed from Oscar F. & Mary E. Escalante, dated July 24, 1958; Grant Deed from Alfred Anderson, dated July 28, 1958; Grant Deed from Verne 0. & Dorothy E. Warner, dated July 28, 1958; Grant Deed from Dale & Lo Ree Schowengerdt, dated July 28, 1958; Grant Deed from Ervin G. &Roberta D. Frankson, dated May 10, 1958; Easement from Hugh F. & Vira A. Mellen, dated July 28, 1958; Easement from Alfred Anderson, dated July 28, 1958; Easement from Susanna Thomas, dated July 18, 1958. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: None. Absent: Hollingsworth. REOLUTION NO. 7293 was read, `RESOLUTION APPROVING SALE OF REAL PROPERTY O'uvNED BY CITY OF NATIONAL CITY, (property at 16th & Hoover Avenue.) Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: None. Absent: Hollingsworth. CITY MANAGER BIRD stated an ordinance has been prepared approving the Annexation of wVilliams Manor No. 6, however, there is a report from the Planning Commission to be presented later in the meeting which might materially affect this ordinance because there is the possi- bility of a protest by the owners of the land involved, therefore, recommended it be held over until such a time as the Planning Com- mission's report is presented. Moved by Allen, seconded by Hart, the reading of the ordinance be held over until later in the meet- ing. Carried, all the Council present voting aye. AGENDA OF TRAFFIC SAFETY COMMITTEE was presented. The meeting JN 11 be held August 13th at 9:30 A. M. in the Office of the Chief of Police. REPORT FROM THE CITY ATTORNEY was read recommending Policy No. 308663 of Security Title Insurance Company guaranteeing title to certain real property now standing in the name of City of National 8/12/58 50 City be approved and filed. Moved by Hart, seconded by Allen, the City Attorneys recommendation be approved. Carried, all the Coun- cil present voting aye. COUNCILWOMAN HOLLINGSWORTH present. LEONARD E. TEYSSIER of Teyssier & Teyssier, Inc., was present rel- ative to the Municipal Pool. A number of items were submitted for the Councils action. They requested that payment be released to them for work completed through May 31, 1958, asprovided for in the estimate for payment #12 which was approved by the City Manager, the Architect and the Contractor, CAich payment was held up at the last meeting because of the Notice of Lien which was filed by eid's Plumbing & Heating. Mr. Teyssier ;,.resented a Release Bond. They also request that Invoice #13 which was presented to the City Man- ager July 18th be paid; and the Council pay other invoices which were submitted July 18th; also the job be accepted as complete and a Notice of Completion be immediately recorded; that the Council hear Teyssier & Teyssier, Inc.'s acknowledgment that certain items of work are incomplete or in dispute and resolve the items now in dispute by equitable decision, which are: Item #13, item # 15, item #1, item #2; and the Council review and evaluate claims presented to the owner by Reid's Plumbing and Heating. CITY MANAGER BIRD stated Mr. Teyssier has presented a bond covering the lien filed by Reid's Plumbing & Keating and recommended the bond be accepted and placed on file, and the payment to Teyssier & Teyssier, as requested, be granted. In the matter of the other items, particularly in the mat- ter of acceptance, certain allegations have been herewith made, there are also certain allegations made by other parties thereto. Mr. Bird said there is a provision in the contract, the section which allows for arbitration rather than a law suit, and he would recom- mend this entire matter, other than the payment of the monies as set forth in the original which was approved by the architect, in the amount of $17,337.00 and which has been released by the filing of this adequate bond, be paid, and the other matter be presented for arbitration, so we can clean up without any further argument, and clean up in equity the operation and acceptance of the pool. The contractor has rights and the City has rights. This, Mr. Bird said he believed can be accomplished on a basis of arbitration, hav- ing Mr. Teyssier, the contractor, as provided for in the specifi- cations, appoint immediately, within the next 48 hours because time is of the essence, their representative, and the Council appoint a representative and between the two of them they appoint a represent- ative. Moved by Fessman, seconded by Hart, the release bond be ac- cepted and the amount of $17,337.00 be paid to Teyssier & Teyssier, as approved by the City Manager, and the matter of acceptance, or not acceptance, be referred to the City Manager and City Attorney to set up an arbitration board, if they wish, or whatever means they want to bring this matter into a position where we can accept the pool. COUNCILWOMAN HOLLINGSwOHTH asked the City Manager if she was correct in understanding the arbitration board should be set up in the next 48 hours. CITY MANAGER BIRD stated time is of the essence in this matter, and the question of the 48 hours was if we resort 8/12/58 51 to the arbitration matter which will be necessary to establish those critical points: The interpretation of the plans, we have a difference of opinion, one by the architect who drew them and one by the contractor that bid upon them. COUNCILWOMAN HOLLINGSWORTH stated the City Attorney is out of town on vacation, and Mr. Fessman included the Attorney in his motion, which would be impossible to achieve in that time. COUNCILMAN PESSMAN said he world want the At- torney to be here or another attorney hired to de the job. MR. TEYSSIER said he thought it would be in order to accept payment #13 which is $5,704.57 and does not include the 10% retention which is $40,679.81. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. Moved by Fessman, the Council ocnsider consulting another attorney in Mr. Currants ab- sence for this matter only, so Mr. Bird can have some attorney to consult should he need it. COUNCILMAN HART asked if this could not wait until Attorney Curran has returned; as he thought the matter of the arbitration board could be held over until next week. Motion died for lack of a second. HEARING ON LOIS ANNEXATION was held at this time. There were no protests, either written or oral. Moved by Hollingsworth, seconded by Fessman, the hearing be closed since there are no written or oral protests, and the annexation be approved and referred to the City Attorney for a preparation of an ordinance. Carried, all the Coun- cil present voting aye. HEARING ON WILLIAMS MANOR NO. 6 ANNEXATION was held at this time. There were no written or oral protests, CITY MANAGER BIRD stated the Subdivision of Williams Manor No. 6, which was before the Plan- ning Commission last night, and which there is a report by the Com- mission, there is a condition of escrow that this property must be- come a part of the City of National City or the purchaser will not buy it. A representative of the owners is present and if they are not satisfied with the recommendations of the Planning Commission, they may not wish to annex. However, we can take this procedure, there has been prepared the necessary documents, if there is no pro- test on the annexation at this time, the Council can then refer it to the Attorney, and we will then introduce in due course the firdt reading of the ordinance for annexation. Moved by Fessman, seconded by Hart, the City Manager's suggestion be accepted and carried out, the annexation be approved; the Tearing be closed and the City At- torney be instructed to prepare the necessary ordinance, and reso- lutions, if necessary, to have the first reading of the ordinance. Carried, all the Council present voting aye. HEARING ON SALE OF PROPERTY BETWEEN FOURTH AND DIVISION STREETS was held at this time. There were no written protests, and no one was present protesting same. Moved by Hollingsworth, seconded by Hart, the hearing be closed and referred to the City Attorney for proper procedure in advertising for bids. Carried, all the Council present voting aye. 8/12/58 52 COUNCILMAN HART stated last week a motion was adopted requesting the State Legislature be asked to consider allowing the City to elect their councilmen by district and the Mayor at large, and it is his understanding that according to the 1957 Code all the city needs is an ordinance and then have an election. Moved by Hart, seconded by Allen, it be referred to the City Attorney. Carried, by the following vote to -wit: Ayes: Alien, Hart, Hodge, Nays: Fessman, Hollingsworth. ORDINANCE NO. 4AN ORDINANCE APPROVING THE ANNEXATION OF CER- TAIN UNINHABIT D TERRITORY DESIGNATED AS LOIS ANNEXATION TO THE CITY OF NATIONAL CITY,4 was presented for the first reading, ^nd read in full. ORDINANCE NO. ;AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED WILLIAMS MANOR NO. 6 TO THE CITY OF NATIONAL CITY," was presented for the first reading, and read in full. CITY CLERK ALSTON announced the result of the bids on 1911 Act Im- provement, 3rd Street ec sJr4 Avenue, as follows: R. E. HAZARD, $22,498.98; GRIFFITH COMPANY, $21,665.45; DALEY CORP., $21,767.85; KENNETH H. GOLDEN COMPANY, v$23,006.91. The bids were referred to the City Engineer. was read COMMUNICATION FROM CITY OF SAN DIEGO/stating enclosed is a certified copy of Resolution No. 147752 which extends for one year beginning July 1, 1958, and continuing through June 30, 1959, the agreement for maintenance and repair of radio equipment for police and fire protection. Said resolution calls for the City9s resolution ap- proving said extended term. CITY CLERK ALSTON stated a resolution has been prepared for adoption if the Council so desired. Moved by Fessman, seconded by Hart, the resolution be introduced. Carried, all the Council present voting aye. RESOLUTION NO. 7294 was read, extending the agreement with the City of San Diego for the maintenance and repair of radio equipment for police and fire protection and public safety generally dated August 19, 1954, for one year beginning July 1, 1958 and ending June 30, 1959, in accordance with the schedule of monthly unit charges set forth in Resolution No. 147752 of the City of San Diego. Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Car- ried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Posting Notice Inviting Sealed Proposals for 3rd street and 4,14 Avenue; also the Affidavit of Mailing Notices of Hearing on Highland Avenue, 8th to 18th Street. Moved by Hollingsworth, seconded by Fessman, the Affidavits be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated we received the San Diego County water Authority funds for taxes. Mrs. Alston stated the City has not made any payment in our annual communication from asking the City to lay aside that up to the present time, this regard. Moved by Fessman, 8/12/58 53 seconded by Hart, the letter be referred to the City Manager for a report and recommendation. Carried, all the Council present voting aye. CITY CLERK ALSTON announced a meeting of the League of California Cities Friday, August 15th in Escoulido. CITY ENGINEER LILL reported the traffic lights are now in operation at 8th Street and f°D. Avenue. The problem of the 18th Street and Avenue intersection was referred to the City engineer for a re- port, and Mr. Lill stated the approaches to 18th Street on .D'' Aven- ue have quite a dip, and suggested pipes be installed in the dip so traffic can progress through the intersection; however, he cannot see any way clear and feasible to install pipes; the other alter- nate would be re -work the intersection which would be quite expensive, roughly $10,000.00. Tae concrete channel lining on Paradise Creek westerly of Harbison Avenue is essentially completed; paving has been installed in Orchard Manor Subdivisions. REPORT FROM CITY ENGINEER LILL regarding bids received for the Im- provement of 3rd Street and 1,14 Avenue, was read. The estimated cost of the work was $21,767,39, including 10%o contingencies and in- cidentals; the low bid of the Griffith Company is $21,665.45. It was the recommendation of the City Engineer the contract be awarded to the Griffith Company. Moved by Hollingsworth, seconded by Hart, awarding of the contract be given to the low bidder, the Griffith Company, and it be referred to the Attorney for preparation of a resolution. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read relative to petition for Improvement of l2th Street from Beverly Glen Subdivision to 4131 Avenue. The petition was signed by persons interested in 52% of the area and 56% of the frontage of the property proposed to be as- sessed for the improvement. It was recommended the project be auth- orized and the engineering Department be instructed to prepare the necessary plans and specifications. Moved by Alien, seconded by Fessman, the City 1ngineer's recommendation be approved. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he wished to comment on the matter of the intersection of 18th Street and .3> Avenue. The people who go through there faster than 25 miles an hour are breaking the speed law because that is a school zaie, and he thought it should stay as it is, and if there are wrecks, it will be those people who are breaking the law. The dips are advertised by signs and there is no reason anybody should go too fast. COUNCILMAN FESSMAN stated this condition leaves the City liable if there is an accident. Moved by Fessman, the matter of the dips at the intersection of 18th and 'ID" be referred to the City Manager to see if we can get funds together to alleviate the situation. COUNCILMAN HART stated he wondered if there was not some way of putting pipes through there, and whether it was a drainage problem. COUNCILMAN ALLEN stated if the dips are removed the way the people drive up and down 4D,, a number of school 8/12/58 54 children will be killed; when the motorist knows there are dips they will slow down. COUNCILWOMAN HOLLINGSWORTH stated the dips have been there for over 30 years and most of the people travelling on 4 Dci avenue know the dips are there, and she thought if dips signs were put up, if they are not there now, it would be sufficient. She did not think the Council should ask the City Manager to try and get money from our drainage fund when we need it for many more important projects. Motion seconded by Hart. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: Allen, Hollingsworth. REPORT FROM CITY ENGINEER LILL was read relative to clearance of Eighth Street right of way. There are certain improvements consist- ing of fence, walks, a building and miscellaneous items in the street right of way on the south side of Eighth Street at Arcadia Avenue. This street is scheduled for improvement during the present fiscal year. On August 8th, the owner of the adjoining property, was ad- vised by letter of this matter and vas requested to remove the im- provements from the street right of way so the street could be con- structed to the required width of 64 feet travelled wjr. At a con- ference with the owner on August llth, it was agreed, she should be officially notified to remove the subject improvements. It was rec- ommended this official notification be given to the owner at this time, with improvements to be removed by March 1, 1959. CITY MANAGER BIRD stated they had a meeting with the owner in question and thought it more advisable to have an official notification served upon them so they could then take the necessary steps. Mr. Bird recommended it be approved and referred to the City Attorney for the purpose of preparing the official notification. Moved by Fessman, seconded by Allen, the City Manager's recommendation be followed. Carried, all the Council present voting aye. COMMUNICATION FROM WILLIAM H. do GLADYS I. PHILLIPS was read stating they are submitting a bid by Rivera's Landscape Construction Comp- any in compliance with Mr. Bird's request that they obtain a bid for the work necessary to be done at 2911 E. 18th Street, pursuant to the 1911 Act work on E. 18th Street. CITY MANAGER BIRD stated this is one of the problems concerning 18th Street which was previously pre- sented to the Council; and the Council went on record they would es- sentially take care of the damages done to the Phillips' property. We have worked on this practically since the beginning of the con- struction on 18th Street and have come to a point where we requested of Mrs. Phillips to submit to a bonded and licensed contractor some- thing which would be acceptable to them and yet in equity of what the City would be required to pay in relation to the damage b her property by reason of the improvement. CITY MANAGER BIRD recommend- ed this be referred to the City Manager and to the City Attorney as to what legal qu3stion might pertain in the granting of this con- tract and with the necessary waivers from the Phillips' property, etc. The total cost of the improvement as requested is 82,950.00. Moved by Hart, seconded by Fessman, it be referred to the City Man- ager and City Attorney, as recommended by the City Manager. Carried, all the Council present voting aye. 8/12/58 55 REPORT FROM CITY ENGINEER LILL was read stating transmitted for ap- proval are the plans and specifications for the installation of a storm drain on Granger venue from l8th Street to 20th Street. It is proposed the contractor not be responsible for repaving Granger Avenue and the City place necessary oil mix surfacing after the pipe is installed and grading is done. If the project is approved, it is suggested bids be received at 9:00 A.M., September 2, 1958. Moved by Hart, seconded by Allen, the project be approved and the City Clerk be authorized to advertise for bids. Carried, all the Council present voting aye. RESOLUTION NO. 7295 was read, authorizing the transfer on the first day of each month during the fiscal year of 1958-59 from the General Fund to the Special Street Fund the sum of $8,241.87; also on the first day of each month during the fiscal year of 1958-59 there be transferred from the General Fund to the Capital Outlay Fund the sum of $8,241.87, Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7296 was read, °RESOLUTION OF AWARD OF CONTRACT (Third Street and "Jr, Avenue)." Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in the matter of referral to him for ap- propriate disposal or specific action relative to the notice of the Public Utilities Commission regarding grade crossings and separat- ions, it is the opinion the City does not require any grade separ- ations at this time due to types of grade crossings in the City and also due to the priority of other projects. CITY MANAGER BIRD stated in regard to the communication from the As- sembly Interim Committee which was referred to him, there is no act- ion required as of the present, which is in reference to Municipal Sewer Maintenance Districts. CITY MANAGER BIRD requested authorization from the Council for the purpose of writing a purchase order to the Santa Fe Railway Company for the installation of the spur track crossing Tidelands Avenue and into the leased properties of the City. This matter was discussed by the Harbor Committee and the Finance Committee May 19, 1958 and at that time we received a revised cost estimate from $9,000.00 to $5,648.00. Following the submittal of the new estimate, a meeting of the leasees, John Hancock Company and National Lumber Company, was held with the Council Committee of the Harbor Committee at which time it was agreed that participation of John Hancock Company would be $1,412.00 and of the National Lumber Company would be S1,412.00. Mr. Bird said he would like authorization to draw a purchase order for work and construction of this spur track in the sun of $5,648.00 and to get the work started and bill both leasees for their respect- ive amount of $1,412.00 each. Moved by Fessman, seconded by Allen, the requested authorization be given the City Manager. Carried, all the Council present voting aye. 8/12/58 56 REPORT FROM CITY ENGINEER LILL was read regarding review of design of Paradise Creek Drainage Project. t report on the project was transmitted which was received from James H. Montgomery, Consulting Engineer, prepared in accordance with his agreement with the City. In the City Engineer's opinion, Mr. Montgomery's findings are feas- ible and the proposed design is, in general, satisfactory. The Par- adise Creek Drainage Project is proposed to be constructed in four units. Plans end Specifications for Unit No. 3, extending from northerly of 16th Street to southerly of the new swimming pool, were reviewed in detail and found satisfactory as to design, and with certain additions recommended to the specification. An estimate of cost was submitted for Unit No. 3, in the amount of $695,800.00. The status of the project is as follows: 1. Rights of way are es- sentially complete for the entire project within the City Limits. 2. Construction is almost complete on Unit No. 1-A, westerly of Harbison Avenue. 3. Plans are nearing completion for Unit No. 2, such plans to be modified to conform generally to Mr. Montgomery's recommendations, 4. Plans and specifications are essentially com- plete for Unit No. 3. 5, Plans are essentially complete for the crossing of 30th Street in Unit No. 4. RECOMMENDATIONS: A. The construction of Unit No. 3 is the key to the entire project. It is recommended the following construction procedure be adopted: (1) A legal opinion be obtained or confirmed. (2) That plans and spec- ifications be made ready for call for bids for Unit No. 3. B. Con- struction of the 30th Street crossing in Unit No. 4 should have priority after Unit No. 3 is constructed. C. Construction of Unit No. 2 should have third priority. CONCLUSIONS: The entire project could be completed within two or three years if funds are available. The storm drain cannot be used until Units No. 2, 3 and 4 are con- structed. COMMUNICATION ICATION FROM JAMES M. MONTGOMERY was read stating a review of the Paradise Creek Storm Drain Project has been com- pleted and a report covering the engineering and technical aspects of the project has been submitted to the City Engineer. They have reviewed the report prepared by the City Engineer in which several alternate plans and the estimates of costs were presented. In their opinion Plan C, diversion of runoff to the Sweetwater River, is the most economical plan. They believe it is the most practical way of controlling the storm runoff from the Paradise Valley watershed. The improvement of Paradise Creek along its present alignment to carry the storm runoff from this drainage area would be more costly than diversion of the flow to the Sweetwater River principally be- cause of the interference of existing water and sewer lines and other utilities and the flat slope of the land. Attached to the commun- ication was a report of Review of the Design of the Paradise Creek Storm Drain Project. Moved by Fessman, seconded by Hart, we fore- go the reading of the report, and it be placed on file and available to the public in the City Engineer's Office as well as the City Clerk's Office. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with reference to the report from City Engineer Lill requesting legal opinion be obtained or confirmed, stated con- struction of the project generally as shown on Drawing No. 500-L is within the authority of the City and the projectcan legally re- main in service after construction, he would recommend the matter 8/12/58 57 be referred to the City Attorney for a report in due time. Moved by Fessman, seconded by Hart, the City Manager's recommendation be fol- lowed. Carried, all the Council present voting aye, CITY MANAGER BIRD stated with reference to recommendation No. 2 that plans and specifications be made ready to call for bids on Unit No. 3, which can be ready within 30 days. Engineering has divided Unit No. 3 into three parts with the possibility of the City building only one oral, or possibly two or rejecting all, depending on what the bids are and what the finances are at the time of reception of bids. Mr. Bird asked if the Council wished to take any further action on this report. COUNCILMAN FESSMAN said he thought the drainage project is so important it should not be delayed any more than necessary to get started, and anything that can be done to speed it up would be the thing to do. CITY MANAGER BIRD recommended the City Engineer be authorized to prepare the plans on Unit No. 3 and also Unit No. 2 and to change the plans of 500-L to conform in those engineering tech- nics as recommended by Mr. Montgomery. Moved by Fessman, seconded by Hollingsworth, the recommendation of the City Manager be followed, and referred to the Finance Committee. Carried, all the Council present voting aye. CITY MANAGER BIRD made reference to an editorial in the morning's edition of the San Diego Union regarding the new municipal swimming pool, and stated that "National City has added a living asset to its municipal ledger.4 REPORT FROM THE PLANNING COIVliVMISSION regarding petition requesting the partial closing of 23rd Street between Id and Avenues, was presented. CITY CLERK ALSTON stated it was laid over from the last meeting in order forthe Council to make a field trip. COUNCILAOMAN HOLLINGSAORTH stated she looked it over and also talked with a member of the Planning Commission who has served a long time, and he has always been very much opposed to closing any street, but his recommendation in this particular instance is the street be closed as it would be impossible to ever fix, and Mrs. Hollingsworth stated she would be in favor of following the Planning Commission's recom- mendation. Moved by Hollingsworth, seconded by Hart, the recommend- ation of the Planning Commission, that this street be closed as shown on the map, be followed. Carried, by the following vote to -wit Ayes: Hart, Hollingsworth, Hodge. Nays: Allen, Fessman. REPORT FROM THE PLANNING COMMISSION regarding Tentative Record of Survey Map of V. A. Barber consisting of eight lots at l2th Street and Paradise Drive, was read. Report from City Engineer Lill ad- vised the map is approved by his office and he feels the proposal of Mr. Barber deserves consideration by the City, however, it is his opinion the acceptance of such a proposal would not be to the best interests of the City.. There is an existing drainage course en the two lots west of Paradise Drive which the City Engineer feels the City should handle at some future time if Mr. Barber will grant to the City a fifteen foot wide easement on the south side of 12th Street and a ten foot wide easement on the west side of Para- dise Drive. Mr. Lill recommended that any drainage control require- ment be deleted as a condition of approval of this record of survey, 8/12/58 58 provided the proper easements are furnished the City and also with the understanding the City is under no Obligation as to a time schedule in which to install any drainage structures that may be deemed necessary. The Commission recommended approval of the Tent- ative Record of Survey Map subject to 12th Street being included in the Paradise Drive 1911 Act for the development of 12th Street and to take care of the water. Mr. Barber to attempt to secure the needed signatures to assure the 1911 Improvement act. Also subject to the drainage easements as requested by the City Engineer. COUN- CILuIOMAN HOLLINGS ORTH asked whether the easements have been re- ceived. CITY PLANNER STOCKMAN stated to her knowledge they have not. COUNCILuaOMAN HOLLINGSv0RTH asked if we had received a petition with sufficient signatures for the 1911 Improvement Act an 12th Street. CITY PLANNER STOCKMAN stated in chec::ing with the Engineering Depart- ment there has been an adequate number of signatures obtained. V. A. BARBER was present and stated he has not, as of the present, granted the easements as requested. Mr. Barber made an outline of his property involved and presented his drainage problems. Mr. Barber said he would give an easement with a stipulation that the City would not construct an open ditch, and the pipe be covered. COUNCILWOMAN HOLLINGSWORTH stated Mr. Barber is asking the Council to approve a plan so that he does not have to put any improvements in which is required by our Ordinance No, 803, and Mrs. Hollings- worth said she is not willing to go along with the proposal. This should be treated as a regular subdivision. MR. BARBER said all the improvements are already in; that is sewer and water. COUNCIL- MAN ALLEN stated Mrs. Stockman talked with the Deputy £ea1 Estate Commissioner and he has verified Mr. Barber's statement regarding the Record of Survey. Moved by Hart, this be referred to the City Attorney and City Manager. Motion died for lack of a second. Moved by Fessman, seconded by Hart, this matter be referred to the City Attorney for an opinion as to the legality of it, whether it con- flicts with our ordinance. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding tentative map of Williams Manor Nos. 6 and 7 Subdivisions. The tentative map is a proposed subdivision into 118 lots of Lot 9 to 14 of Pritchard's Paradise Villa lying north of Paradise Road at the East City limits. The Commission recommended approval of the tentative map subject to final annexation to the City of National City and further subject to certain requirements, which are enumerated in the report. CITY PLANNER STOCKMAN stated there is an oversight an the Planning Com- mission's report, it was requested that a 64 foot travelway be es- tablished on a 70 foot wide street, which is in accord with the street going northeasterly into the City of San Diego, and that would be impossible to do as it would leave only 3 feet for the parkway, therefore the Commission discussed going back to the re- quirement of the City of San Diego for a 40 foot travelway leaving a 15 foot parkway an each side to permit future widening, if and when, it was deemed necessary. COUNCILWOMAN HOLLINGSwORTH asked what affect an 80 foot dedication would have on the subdivision lots. RALPH KEITHLEY, representing the subdividers, was present and 8/12/58 59 stated the tentative map have the streets as 70 feet wide, there were two considerations for changes, the first was the proposed future development within the City of San Diego to the east and north called for only a 70 foot width, which would narrow it down from 80 to 70 feet at the end of the subdivision; the other was that it would hinder, in fact might eliminate the lots along that way be- cause of the increased right of way along Paradise Greek. The original right of way was 50 feet, and it had to be increased to 80 feet. COUNCILMAN FESSMAN said he would rather see the Paradise Creek strom drain cut down to 70 feet and added on to the street. MAYOR HODGE suggested this be referred back to the Planning Commis- sion. CITY MANAGER BIRD stated an ordinance was introduced today, and he called the Council's attention to the fact there was a poss- bility of this hinging on it, and the final reading of the ordinance will be at the next meeting of the Council, and irk. the meal time there will not be another Planning Commission/tiaiingeptember, and the escrow on this property is contingent upon a certain time date as well as conditions and recommendations, and how that will effect it going back to the Planning Commission, he does not know. Moved by Hart, seconded by Allen, the recommendation of the Planning Commission be approved. COUNCILMAN HART said he would change his motion by adding, that if the subdivider will make a 74 feet wide right of way, the tentative map be approved. MR. KEITHLEY asked if more could be added to the rear of the property. COUNCILMiAN HART said if that could be done, he would include that in the motion, COUNCILMAN ALLEN seconded the amendment to the motion. CCUNCIL- AOMAN HOLLINGSWORTI stated she would like to know if it was not possible to go back to the original idea of setting up the street as 80 feet wide and taking 10 feet off of the storm drain. COUNCIL- MAN FESSMAN said he was in agreement. COUNCILMAN HART with the ap- proval of COUNCILMAN ALLEN withdrew their motion. Moved by Fess- man, seconded by Allen, this tentative map be tentatively approved with the exception that the 70 foot street on the easterly portion of the subdivision be widened to a 80 foot right of way, and the dedication for the storm drain be narrowed on the east side to 70 feet to permit Lots 28 to 102, inclusive to have their length main- tained at 90 feet or more. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read recommending acceptance of the following grant deeds for street purposes; Grant deed from Robert F. & Dawn E. McConkey relative to a portion of the west half of dCio Avenue north of Division Street; grant deed from Ruble R. & Ruthanna Beauchamp and James Milligan Relative to Sheryl Lane north of 16th Street. Moved by Hart, seconded by Allen, the Planning Commission's report be approved, and referred to the City Attorney for the preparation of the necessary resolution. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she was instructed by the Council to write to the Humane Society in regard to the giving of small animals, birds:. etc. for prizes on games of chance; and Mr. Brink of the Humane Society called and said there was nothing the Humane Society 8/12/58 60 could do about it, it would be up to the Council to adopt an ordin- ance governing this sort of thing, and he is quite sure if this City did other cities would follow. COUNCILMAN ALLEN stated that since we now have Williams Manor No. 6 straightened out, it brings up a problem. The Reserve Police have rented a portion of the area for a range, and the regular Police have been having their practice on the same range. We now have an unused swimming pool in the City, and he has inquired ar- ound and it appears that with very little expense it could be made into a wonderful indoor range; the question that would have to be satisfied would be feasibility, cost safety, etc. on its location. Moved by alien, seconded by Hart, that Range Master Charles Hill of National City Police, Range Master of San Diego Police, Range Master from the Marine Corps Recruit Depot, City Manager and Chief of Police, etc. get together and see what could be done with the swimming pool in Kimball Park for making it into an indoor range. COUNCILMAN HART said if this location did not work out, he thought we should try a portion of the tidelands for a pistol range. Car- ried, all the Council present voting aye. Moved by Hart, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye, Meeting closed at 5.00 P.M. MAYOR, CITY QF NATIONAL CITY, CALIFORNIA ATTEST CITY CLERK 8/12/58