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HomeMy WebLinkAbout1957 04-09 CC MIN269 National City, California, April 9, 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, Hollingsworth, Hodge. Council members absent: Heck. ADMINISTRATIVE OFFICIALS present: Alston, Stockman, Bird, Lill, Curran, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev, Thompson. Rev. Thompson asked for a moment of silence in memory of the late Carrie Harbison, Mother of Judge Ira F. Harbison, and who has contributed so much to this Com- munity. Moved by Hollingsworth, seconded by Hart, that the minutes of the regular meeting of April 2, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6913 was read, "RESOLUTION DIRECTING WORK TO BE DONE UNDER DIRECTION OF THE ENGINEER OF WORK (18th Street)," Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge, Nays: None. Absent: Heck, RESOLUTION NO, 6914 was read, adopting and approving the revised plans and specifications presented by Harold Gimeno for the proposed swimming pool, and authorizing the City Clerk to publish notice that bids for the construction of said swimming pool will be received at any time prior to May 10, 1957. Moved by Hart, seconded by Fessman, that the Resolution be adopted, Carried, by the following vote to - wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck, RESOLUTION NO. 6915 was read, "PRELIMINARY DETERMINATION OF LEGIS- LATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" (Wilson Avenue)," Moved by Fessman, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. RESOLUTION NO. 6916 was read, "RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING DATE (Wilson Avenue)." Moved by Hollingsworth, seconded by Hart, that th Resolution be adopted, Carried, by the following vote to -wit: /Ft41RiAn, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. COUNCILMAN HECK present. RESOLUTION NO. 6917 was read, "RESOLUTION DIRECTING PREPARATION OF ASSESSMENT DIAGRAM IN THE MATTER OF THE IMPROVEMENT OF HOOVER AVENUE." Moved by Hart, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. " LUT ;N NO. 6918 was read, "RESOLUTION DIRECTING WORK TO BE DONE nDCli DIRECTION OF THE ENGINEER OF WORK (Fourth Street).." Moved by -J!lingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. RESOL'.;TION NO. 6919 was read, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARINI THEREON (Cleveland Avenue)," Moved by Hart, seconded by Fessman, that the Resoolution be adopted. Car- ried, all the Council present voting aye. 4/9/57 270 ORDINANCE NO. ,"AN ORDINANCE OF INTENTION TO VACATE AND CLOSE 15TH AND 16TH STREETS BETWEEN HARRISON AND CLEVELAND AVENUE, ALSO THE ALLEY FROM 14TH STREET TO 15TH STREET IN THE BLOCK BETWEEN HARRISON AND CLEVELAND AVENUES, IN THE CITY OF NATIONAL CITY," was presented for the first reading, and read in full. CITY CLERK ALSTON reported there will be a Traffic Safety Committee meeting tomorrow at 9:00 A.M. ATTORNEY CURRAN stated in the litigation in Federal Court, which has been referred to as the Thibodo case, although three separate cases are involved, there was a pre-trial hearing last Friday before Judge Winberger. Prior to the hearing Judge Weinberger sent a memorandum to all Attorneys, and this memorandum sought to give a brief resume of the contents of the volumes on file in the Clerkts office involv- ing the problem. Mr. Curran said he has previously reported as to the effects to settle this litigation and as to the refusal of the Attorney General of the United States to agree to any such compromise. It now appears that it may be possible to compromise this litigation, and the Attorney is prepared to recommend that the City forego a small amount of the claim that it has for back taxes in order to settle the litigation; the basis for the recommendation is that the cost of appeal and filing and printing briefs would more than make up for the full amount that we would have to forego. A definite re- commendation cannot be made at this time because the matter has not firmed with the other Attorneys, but when it has, he will do so, and report to the Council. ATTORNEY CURRAN reported the Public Utilities Commission held its hearing yesterday on the application of the San Diego Transit Com- pany for the issuance of a Certificate of Convenience and Necessity. One of the interesting points which was brought out was the fact the company is now seeking to have certified routes which takes care of certain schools in the City of San Diego, with one exception, that being the route which picks up school children in Paradise Hills and Bayview Terrace sections and takes them to the Lincoln School and the Gompers School, which is done on a contract basis, and the Company proposes to continue it on that basis. The significance of that fact to the City of National City, is the buses have to run through the City of National City in o rder to g et to those schools. The matter has been submitted by the Commission. CITY ATTORNEY CURRAN stated he wished to report on the question posed with reference to Highland Avenue, as to whether or not in the event certain property owners paid for certain portions of the improvement now, such as putting in a permanent curb so that it would not have to be changed in the event of any 1911 Act Improvement, whether such a property owner would be entitled to vote in protest against the proposed 1911 Act Project. It aopears clear, that since such a property owner still would be assessed for other improvements which were being made, and which had not been made by him, such a property owner would be entitled to protest, and his vote would be counted in the percentage at any protest hearing. --2, { 11 : !AM, representi-g International Association of Machinists, present and stated he was present on behalf of snore of their members who live in the Olivewood Housing Project. Mr. Wigham said 'hEy receive a number of complaints about the conditions of the pro- jeci,; ie not being painted, and maintained properly, etc. Mr. Wigha*i s:id he had some questions that he would like to have answered, ru as y'iat are the Council"s plans for this project; do you have 1:1 fcc closing it in the immediate future; are there any plans for replacing it with more permanent structure; and they would like to know, what, if any, is the operating surplus in the operation of this project? Mr. Wigham stated he was informed that the 1956-57 budget was approximately $215,0{30.00 for the Olivewood Project, and a./9/57 271 he was given the figure of $319,000.00 receipts as of February and wondered if that was for the complete fiscal year, or part of the fiscal year, which makes a surplus of $104,000,00. CITY MANAGER BIRD stated those were the figures he instructed his Secretary to give Mr. Wigham which was gross income as of February; the annual net income is approximately $240,000.00, and that sum, by action of the City Council, has been diverted as follows: $120,000.00 to streets, and $120,000.00 to Park and swimming pool. MR. WIGHAM stated he would like to meet with Mr. Bird to go over the other questions he wished answered, and Mr. Bird assured him that would be most satisfactory. MRS. MUNSON, 1019 E. Third Street, was present and stated she is a music teacher in the National City Junior High School, and asked permission to paint the curbs with luminous paint of residences and charge a fee, and the money they make will be used to buy in- struments and pay for repairs. They would like permission to do this during the Easter vacation. MAYOR HODGE suggested this be re- ferred to the City Manager. REFERRAL of Eighth Street curve, was presented. CITY ENGINEER LILL stated that the Engineering Department has no objection to the re- quest of the County of San Diego to declare a portion of Eighth Street as a County highway, it is for the purpose of modifying, to male extent, the curve just east of Susan Manor. Moved by Hollings- wirth, seconded by Heck, that it be referred to the City Attorney for the preparation of an ordinance. Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. OPINION OF CITY ATTORNEY CURRAN in regard to the National School District's letter dated March 14, 1957 regarding Olivewood Housing Project, was read. The letter requested information as to whether the City Council intends to hold any type of hearing for the release of at least sufficient units to make the school site available. The City Attorney is of the opinion that any hearing held at this time for the purpose requested could not accomplish the result desired by the School District. The jurisdiction vested in the City Council in conducting a hearing on the Olivewood Housing Project is to de- termine whether the Project is needed for national defense housing. The only matter at issue at any such hearing is the need of contin- uing use of the Olivewood units for housing purposes. The desirabil- ity of using the site for other purposes would have no bearing on this question. Before a hearing for the purpose of releasing any portion of the Olivewood Housing Project for use as a school site, or for any use except defense housing, can serve any useful purpose, it, it must be established by the procedure previously outlined, that the Olivewood Housing Project is no longer needed for defense housing purposes. Moved by Heck, seconded by Fessman, that in reply to the School Board's letter of March 14th that the request for a public hearing for the necessity of operating the housing would have to come from outside individuals, and if the School Board so cares to request it, the Council will take the necessary action. Carried, all the Council present voting aye. RESOLUTION NO. 6920 was read, "RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE COUNCIL OF THE CITY OF NATIONAL CITY TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "0. D. ARNOLD ESTATES," AND GIVING NOTICE OF THE PRO- POSED ANNEXATION." Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. REPORT FROM PUBLIC UTILITIES CJv6V.`ISSION extending time to the Atchi- son, Topeka and Santa Fe Railway Company to construct a spur track on Harrison Avenue near 19th Street, was presented. 4/9/57 272 COMMUNICATION FROM DEPARTMENT OF PUBLIC WORKS was read, stating that Senate Concurrent Resolution No. 26, adopted on January 24 and 25, 1957, by the State Senate and Assembly, requests the Department of Public Works to undertake a study to provide a basis for an overall plan of freeways and expressways in the State, which plan will not be'limited to State Highways. The Resolution requests agencies of city and county governmentw to cooperate In the conduct of the study. Moved by Hollingsworth, seconded by Hart, that it be referred to the Planning Commission. Carried, all the Council present voting aye. COMMUNICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY in regard to Orchard Manor Subdivision was read stating that the Wilco Develop- ment Company has entered into an agreement with them for the instal- lation of the water system, but the funds have not been deposited for this installation. Upon receipt of funds, water service will be made available to all lots within the subdivision. Moved by Hollingsworth, seconded by Hart, that it be referred to the City Attorney. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF BEVERAGE LICENSE of the Eagles Lodge to a new location, 21 West 12th Street, was presented. REPORT FROM CHIEF OF POLICE SMITH stated that investijation revealed no grounds for protest of this application. Moved by Heck, seconded by Hol- lingsworth that the application be filed. Carried, all the Council present voting aye. PETITION from owners of property and business men on National Avenue from 1st Street to 12th Street was read, asking for 45 degree angle parking on National Avenue; no cars be allowed to park on National Avenue from lst Street to 12th Street from 3:00 A.M. to 6:00 A.M. so that the street sweeper can be operated during these hours; that trash pick up on National Avenue from lst Street to 12th Street start at 9:00 A.M. to 10:00 A.M., and that no trash be put on the street after those hours; cars be marked from 10:00 A.M. to 6:00 P.M.; a police officer be assigned to patrol the Avenue from 7th Street to 10th Street as this section is where most of the business is located for women and children to shop. Moved by Fessman, seconded by Heck that items I and II be referred to the Traffic Safety Committee for a report, and items III, IV and V be referred to the City Manager for a report. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Hart, that it be referred to the Traffic Safety Committee for their meeting in the morning. Carried, all the Council present voting aye, CITY CLERK ALSTON stated she posted a notice and published a notice of award of the contract for 13th Street. COMMUNICATION FROM STATE COMPENSATION INSURANCE FUND was read in regard to a dividend check for $4,278.77, a refund of 40.5%, for the period ending July 1, 1956. Moved by Hollingsworth, seconded by Hart, that the City Manager have this information reach the Employ- ees1 Association. Carried, all the Council present voting aye. NOTICE FROM THE PUBLIC UTILITIES COIMMISSION in regard to the applica- tion of San Diego Transit System, was presented, amending their application for a new Certificate of Public Convenience and Necessity to consolidate its stage operative rights. Moved by Hollingsworth, seconded by Hart, that these amendments of the San Diego Transit Company be filed. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO CHAMBER OF COMMERCE was read stating that in designing their program for 1957, it was determined they should give emphasis to the need for planned development of the area, rather than piecemeal, municipal development. They are holding a clinic for the purpose of discussing some of the problems which we have in common and invited the Council to attend. The Area Develop- ment Planning Clinic is an all day event, Wednesday, April 24, 1957 from 9:30 A.M. to 4:00 P.M. in the Ballroom of the El Cortez Hotel. 4/9/57 273 CITY CLERK ALSTON stated she received a petition for a 1911 Act Project on Prospect Street from 18th to 22nd Street which she re- ferred to the Engineer for a report. REPORT FROM CITY EN^iINEER LILL stated thalt the petition was signed by persons having an in- terest in 62% of the frontage of the street proposed to be improved. Moved by Heck, seconded by Fessman, that the petition be continued and forwarded to the Attorney and Engineer for the necessary con- tinuance. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. COMMUdiv NICA gtr a s t nnaN'L1NrF�ReitTr ar arding Orchard Manor Sub- n 6 aays 1 be requ re y the subdivider to install the improvements and it is recommended that the subdivider be allow- ed such period for said work. COMMUNICATION FROM MUNICIPAL EMPLOYEES' ASSOCIATION was read invit- ing the Council to attend the annual Spanish dinner of the Associat- ion on April 22nd at 7:00 P.M. in the Community Annex Bldg. MAYOR HODGE declared a recess. The meeting was called to order by Vice Mayor Hollingsworth. Council members present: Fessman, Hart, Heck, Hollingsworth. Council mem- bers absent: Hodge. CITY ENGINEER LILL reported that the improvement of Hoover Avenue from 8th Street to 13th Street has been completed; the Improvement of "I" Avenue from 21st to 214th Street and 32rd and 22nd Streets from Highland Avenue to "I" Avenue has been commenced; National Vista No. 1, 1911 Act Improvement has been posted; Orchard Manor Subdivision is ready for approval as far as engineering is concerned. REPORT FROM CITY ENGINEER LILL regarding extension of existing cul- vert, Harbison Avenue, was read, which stated the project has been constructed under City inspection and recommended that the work be accepted and a Notice of Completion be filed. Payments should be made as follows: progress payments to date: NONE. 90% of cost of work due at time of acceptance, $11,068.74; 10% of cost of work due 35 days after acceptance, $1,229.86; total cost of work, $12,298.60. RESOLUTION NO. 6921 was read, accepting the work done by Trepte Construction Company, Inc. for extension of existing culvert on Harbison Avenue, and authorizes the filing of a Notice of Completion and orders payment for said work be made in accordance with said contract. Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. COUNCILMAN HECK inquired if anything has been done about the acquis- ition of the property that comes in on the west side of Harbison to Earle Drive, CITY MANAGER BIRD stated there have been overtures made, and we now come to the question of whether we want to pay for it, and if so, how much. COUNCILMAN HECK stated it should be paid for. CITY MANAGER BIRD stated this brings us to a position of a multitude of acquisitions of rights of ways. We have, through the medium of Engineering temporarily assigned one of the Engineering staff to work on immediate acquisitions, but the overall problem is one of determination to be made. Because of the situation we are faced with on drainage, we will of necessity either have to employ a right of way man or employ an engineer to take the place of the engineer we now have working on rights of ways. Moved by Heck, that the City Manager be empowered to er.:pioy a right of way man for the acquisition of the necessary catereents. COMMUNICATION FROM 0. W. COTTON CO. was read in regard to tie drainage project. They have 4/9/57 274 estimated their costs to appraise some 31 parcels over whiChhana easement for drainage purposes is to be impressed and approximately 19 parcels within the Sweetwater River Basin from which flowage rights are sought to be acquired. They propose to estimate the value of the larger holding from which the easements are to be acquired, the value of the easements and the damages to the remainder, if any, as a result of the acquisition and the construction of the improve. ment In the manner proposed; and to transmit their conclusions in letter summary form. This estimate would not include physical mea- surements of exact building areas, but would be specific as to land areas and in their opinion would be sufficient for negotiation pur- poses. However, additional authorization for a complete valuation and detailed report must be made to the appraiser should testimony in court be desired. Their fee for the above outlined estinate would be $2,250. with delivery 75 days from date of authorization. They further propose to appraise some 19 parcels within the Sweet- water River Basis from which flowage rights are sought to be ac- quired, in the same general manner as the above; that is, an estim- ate of the value of the larger holdings, of the value of the rights to be acquired due to augmentation of peak flows of water in the basin and damages, if any, resulting therefrom. This estimate to be made in Ietter from and not exacting as to improvements where pract- icable. Further authorization must be made to the appraiser for a formal report should testimony in a court of law be desired. Their fee for the appraisal of the above outlined flowage rights would be $2,600, including a $600. cost to be borne by the appraiser to secure hydraulic engineering and projections within the Sweetwater River Basin. The above proposals of preliminary valuation estimates, rather than a completed fair market value appraisal and report, are made in order to eliminate unnecessary initial cost, to shorten the time involved and to avoid unnecessary exciting owners In the area before initial contacts in negotiation are undertaken by the City. CITY MANAGER BIRD stated it is the opinion of the City Engineer as well as his, that this is something we are going to need, and we need it immediately, if we are going to carry through our proposed plans for drainage. This will give a going value in the areas. We have so many projects underway, and we are attempting negotiations on park lands or adjacent lands to the proposed park. Mr. Bird said he would recommend that they be given authorization to enter into, and accept the proposal of O. W. Cotton Company in relation to drain- age; and would recommend also that the Manager attempt to acquire a rights of way man and report back to the Finance Committee as to what the costs will be as far as the rights of way man is concerned. Motion died for lack of a second. Moved by Fessman, seconded by Hart, that the recommendation of the City Manager be allowed. VICE MAYOR HOLLINGSWORTH stated she has had people contact her because they were sure their lots were going to be taken without renumeration. CITY MANAGER BIRD stated it is the intent of management in the ac- quisition of any and all parcels which we deem necessary, not to use the right of condemnation unless we are forced by a failure of ne- gotiation to so do. We feel that the project is worthy, and the own- ers of the property which our engineering surveys will show we need, should be given an opportunity to state what they wish for it, if it is a fair price as substantiated by corresponding appraisals, then we should purchase what we need; if the price is not within that category and equitable, then we will recommend specifically, as a last resort the use of eminent domain and acquisition rights. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Absent: Hodge. APPLICATION TO MOVE four steel storage tanks, 'rom their present location on the 2700 Block on Harrison to the 2300 Block on Tidelands Avenue by L. M. Pepper, was prescnted The tanks are to be used for abhawe ground liquid fuel storage'. REPORT FROM THE BiiILDING DEPART. MENT was read setting forth certain recommendations. REPORT FROM 4/9/57 275 FIRE CHIEF BAILEY was read stating that due to the fact that these tanks have been out of use for several years and due to their over- all age, the Fire Department wishes to request that these tanks be subjected to a test to show that the structural strength is capable of withstanding the internal pressure exerted when filled to cap- acity, this test to be conducted by a competent and experienced per- son, CITY MANAGER BIRD stated he did not believe that the City wishes to test these tanks at City expense, and that should be done by the owner or the user of the tanks with a return show of the re- sults, by the testing authority. COUNCILMAN FESSMAN asked if a fire wall is required around the tanks. L. M. PEPPER, 4804 Anna Ave., San Diego, was present and stated he will have a fire wall around the tanks, and the tanks will be tested before they are put into operation, at his expense. Moved by Fessman, seconded by Hart, that permission be granted subject to the conditions of the Building In- spector, and that a report be presented from an engineering firm as to the conditions of the tanks. Carried, all the Council present voting aye. COUNCILMAN HART excused. COMMUNICATION FROM W. L. ROBERTS, Coordinator, Civilian Defense Organization, was read, regarding designation of Civil Defense Oper- ational Area Coordinator from San Diego County. At a special meet- ing of the joint cities and County Planning Board of San Diego Coun- ty held April 1st, the Board voted unanimously to recommend the Chief Administrative Officer of the County to be the Civil Defense Operational Area Coordinator. It is requested that each city council approve the recommendation and inform the Board of Supervisors in order that they too could finally approve the recommendation. CITY MANAGER BIRD recommended that it be referred to the City Civilian Defense Director for a report. The 1956 Grand Jury made reports re- garding Civilian Defense in our area, and also requested that the 1957 Grand Jury continue to pursue further investigations with re- ports to follow. In essence what is proposed here would be to ask the County of San Diego to become the Civilian Defense Coordinator of all of the cities within the county as well as the county area. Moved by Heck, seconded by Fessman, that this be referred to the Mayor and City Manager. Carried, all the Council present voting aye. COMMUNICATION FROM LIBRARY BOARD OF TRUSTEES was read extending an invitation to meet with them for discussion of the 1957-58 Library budget, and have set the time of this meeting at 2.00 P.M, Wednes- day, April loth, in the Library Conference Room. If this is not convenient, the date of April 22nd at 2:00 P.M. is suggested, VICE MAYOR HOLLINGSWORTH asked that the City Manager inform the Library Board that the Council will meet with them on April 22nd. COUNCILMAN HART present. CITY MANAGER BIRD stated the Finance Comrf'ttee requested him to make a counter proposal to Tarter, Webster & Jotnison, which was done by telephone. COMMUNICATION FROM TARTER-, ASTER A JOHNSON was read ob�- jecting to the lease proposed by the Harbor Cbittee, stating they do not feel justified in obligating Tarter, Webster & Johnson to a progressively higher rental in each five year period for the proposed new lease of 15 years. They proposed a compromise. CITY MANAGER BIRD recommended this be referred to the Harbor Committee., Moved by Fessman, seconded by Hart, that the City ManagerTs recommendation be approved. Carried, all the Council present Voting aye. CITY MANAGER BIRD referred to the application of Fritz & Kirkpatrick and the application of Zcss & Farb. In regard to the application of Sass & Farb, which has to do wits the oversize driveways, there has 4/9/57 276 been submitted a map showing the driveways which they propose to build, and according to the Ordinance, management is to make a rec- ommendation to the City Council, and it is Mr. Bird's recommendation that he and the City Engineer review this plan, make the necessary corrections and have a conference with these people in relation to their driveways; but the matter of the widening of the street is still the Council's action as of the last meeting, COUNCILMAN FESS- MAN stated that after hearing the opinion of the City Attorney, it is his opinion that permission should be granted for the setback, the only condition being the entire block from 10th to 6th Street be done at the same time. VICE MAYOR HOLLINGSWORTH stated she was of the same opinion. Moved by Fessman, seconded by Hart, that the City Manager hold a conference with Mr. Sass and Mr. Farb and in- form them in regard to their original application requesting 37k% of City participation just what the City would do, and perhaps they could arrange a conference with the City Manager and the other two property owners; pending the recommendations of the City Manager and City Engineer in regard to these oversize driveways. Carried, all the Council present voting aye. COUNCILMAN HECK stated that since we have received an opinion from the City Attorney whereby the property owners can make certain permanent improvements for the widening of Highland Avenue, and in accordance with the thinking of the Council that one block at a time can be done, the property owners on the east side of Highland at the corner of 6th Street northward to 5th have requested that the one block area there be removed and widened and sidewalks and gutters put in, and he thought permission should be granted and at the same time, they do the paving while the building is still under construct- ion. Moved by Heck, seconded by Fessman, that M Kirkpatrick pro- ceed northward to Mr. Fritz's property and they be advised that the Council will approve the widening at this time and that they place in permanent sidewalks, gutters and curbing, and the paving be of a permanent nature, not inferior to what has already been put on High- land Avenue; this to be for any named property between 5th 8 6th Street on the east side of Highland Avenue. Carried, all the Coun- cil present voting aye. MRS. UZUMECKI, 524 "I" Avenue, was present and asked if the Council would consider allowing them to set their curb back at 2nd and Highland; their property is only 125' but would like this to be con- sidered. COUNCILMAN HECK stated there will be some grade cuts re- quired when the 1911 Improvement Act goes through near Mrs. Uzumeck's property, so at this time it would not be very realistic to put in curbs and gutters. In the event that you would be unable to get the balance of the property owners to go along with you, under the 1911 Improvement Act, they would be required to; and at the present time, the bargain that the City of National City is giving property owners under the 1911 Improvement Act would be less costly than a private contractor. VICE MAYOR HOLLINGSWORTH suggested to Mrs. Uzumecki that both she and Mr. Uzumecki see the plans the engineers have made for their section, and after they have studied these plans, and want to widen their own property, she is sure the Council would consider it on its own merits. CITY eANAGER BIRD asked if the Council has had an opportunity to look at the preview of the Master Plan of the Tidelands, as submitted. We have a request from M. H. Golden Company for use of our Borrow Pit. The request is for approximately 7,000 yards of fill material which is necessary to be placed on the ccmerof 19th & Tidelands, Santa Fe side so they can proceed with the construction of their warehouse at a loading d-ck heighth. They will take their material from the borrow area, w?-sch is P:raIise Creek. VICE MAYOR HOLLINGS- WORTH said she cannot s anytr:ini wrong in allowing them to have 4/9/57 277 this fill because it directly affects our progress in the area, and if the request is granted, she would recommend that it be done under the supervision of our Engineering Department. COUNCILMAN FESSMAN said he thinks the request is a little premature, and should not be granted until the plan is adopted. Moved by Fessman, seconded by Hart, that the City Manager notify the Golden Construction Company that until such time as the plan is adopted, which we expect to be within two weeks, we cannot give them an answer. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck., Nays: Hollings- worth. Absent: Hodge. RESOLUTION NO. 6922 was read, accenting the final map of Orchard Manor Subdivision, and approving the proposed contact submitted by the Subdivider and authorizing the Mayor to execute the same for and in behalf of National City. Moved by Heck, seconded by Fessman, that the Resolution be adoptedt Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth. Nays: None. Ab- sent: Hodge. PETITION for 1911 Act Improvement on loth Street from Hoover Avenue to Harding Avenue, was presented. Moved by Heck, seconded by Hol- lingsworth, that the petition be referred to the City Engineer for a feasibility report. Carried, all the Council present voting aye. Moved by Hart, seconded by Heck, that the meeting be closed. Car- ried, all the Council present voting aye. Meeting closed at 4:04 P.M. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CI Y,RNIA 4/9/57