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HomeMy WebLinkAbout1965 08-10 CC MIN186 National City, California, August 10, 1965 The regular meeting of the City Council of National City was galled to order by r4czyor Gauter+.v.an at 7:30 p.m. COUNCIL MEMBERS PRESENT: Allen, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: gputy City Clerk Cornelius, Foster, Gautereaux, Huffaker, Osburn, Stockman, Assistant City Attorney Todd. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Vice Mayor Allen. MOVED BY COLBURN, seconded by Hogue, the minutes of the regular meeting of August 3rd be approved with the following correction: Page 183t the vote on the G.I. Forum should read: "Nays: None. Abstaining: Ho uue, Carried by unanimous vote. RESOLUTION NO. 8980, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Tax Deed, Agreement No. 6690)," was read. Moved by Alien, seconded by Colburn, the Resolution be adopted. Councilman Morgan asked if this. Was for one parcel or three parcels. Assistant City Attorney Todd stated it wasfor three differ- ent parcels. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None, RESOLUTION NO. 8981, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (S. & A. Investment Company)," was read. Moved by Colburn, seconded by Alien, the Resolution be adopted. Councilman Morgan asked if this was for the property at 30th Street. City Manager Osburn stated this is a portion of "A" Avenue for which we are receiving a grant deed and the quitclaim deed is for a section of the proposed 30th Street. Councilman Morgan questioned the deeds. Vice Mayor Allen asked if a title policy had been recei"ed on this property. Mayor Gautereaux said he did not know, and asked the City Manager if, to his know- ledge, there is anything in this Resolution and transaction ofdeeding these parcels and accomplishing what we wish to accomplish in these rights -of -way that would leave the situation clouded at this time. City Manager Osburn stated they had no intention of clouding it; basically this deed should be for a section of "A" Avenue and 30th Street; Parcel 2, Lot 7, is the curb return and is no longer in the deed. Mayor Gautereaux stated if the Resolution is adopted and there is any doubt as to the deeds in any respect, it will come up in the title policy. Motion carried by the following vote, to-wi.t; Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan, RESOLUTION NO. 8982, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEED (Bahia Vista Development Corporation)," was read. Moved by Alien, seconded by Colburn, the Resolution be adopted. Councilman Morgan questioned this deed, City Manager Osburn stated this was one deed that slipped through without a resolution in the land swap in relation to 30th Street some six or eight months ago; it has been in the title office and just came to our attention; part of this deed is giving to Bahia Vista Development Corporation a street which they no longer need and it will be given back to the City; the deed is necessary to clear a sale they are making at this time. Carried, by the follow- ixg.wvote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8983, "RESOLUTION GRANTING COMMERCIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 1077 (Fraternal Order of Eagles, Aerie 2712)," was read. Moved by Colburn, seconded by Allen, the Resolution be adopted, Carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8984, "RESOLUTION GRANTING COMMERCIAL PLANNED DEVELOPMENT SIGN PERMIT PURSUANT TO ORDINANCES NO. 1077 and 1112 (Norge Laundry and Cleaning Village)," was read. Moved by Morgan, seconded by Colburn, the Resolution be ad pted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. 8/10/65 1$7 RESOLUTION NO. 8985, "RESOLUTION RESCINDING RESOLUTION NO. 8967,," was read. Moved by Alien, seconded by Colburn, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. VICE MAYOR ALLEN stated he had been unable to get the information on the 1911 Act for Coolidge, 24th Street south. City Manager Osburn said he would have an answer next week. COUNCILMAN COLBURN asked for permission to move the City Manager's report for- warded to this time in regard to petition to close Manchester Street and reduce the speed limit. Moved by Colburn, seconded by Hogue, this item be brought be- fore the Council at this time. Carried by unanimous vote, City Manager Osburn stated a petition was received through the Traffic Safety Committee signed by 207 residents of the 0.D, Arnold Estates, requesting the closing of Manchester and a reduced speed limit on Manchester, and recommended the petition be filed with the City Clerk. Moved by Alien, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous vote, Mayor Gautereaux in- formed the people present interested in this matter that on the conclusion of the City Manager's report and possible action of the Council they would be giv- en an opportunity to be heard if there was anything concrete they could offer relative to the Council discussion. City Manager Osburn quoted from a report by the City Attorney: Question No. 1, can the City of National City close Manchester Street at its easterly intersection with the San Diego city limits; Streets and Highways Code Section 8350 provides that a street running i.nto an- other city may be closed only by written agreement with the other city; in this case a written contract would have to be entered into with San Diego agreeing to close the street and the contract must then be recorded with the San Diego County recorder; in regard to reducing the speed limit, California Vehicle Code Section 22352 (b) provides that the prima facie speed limit in residential districts is 25 miles per hour unless a different speed is determined by local authority; Section 22358 allows a local authority to reduce prima facie speed limits to aminimum of 25 miles per hour but there is no provision allowed to decrease the speed limits to less than 25 miles per hour and unless it can be determined the conditions on Manchester satisfy the provisions of Section 22352, which spell out cases where a prima facie speed limit of 15 miles per hour apply. The City Manager stated it was the City Attorney's opinion the Council has no authority to reduce the prima facie speed limit to less than 25 miles per hour. Mayor Gautereaux asked the City Manager if there were any further observations or actions taken pursuant to the findings on the closing of the street relative to an agreement with San Diego. City Manager Osburn stated the City of San Diego was not contacted in this regard; some time ago they were contacted in regard to extending Reo Drive down to connect with Plaza Boulevard and extend- ing Ranger Road down to connect with Reo Drive, and a meeting is scheduled with the City of San Diego next Friday in this regard. Moved by Hogue, seconded by Colburn, this matter be tabled until the information is brought back. Carried by unanimous vote. Mayor Gautereaux intiimeed those interested who were present if there were any questions they would/answered relative to the motion of the Council, they feel free to ask them under oral communications. The Mayor stated this item will be tabled until a report is received from the City of San Diego. MAYOR GAUTEREAUX informed the Council and people of the community that in host- ing the World Series Pony League Tournament, the housing accommodations for the players of the different divisions of the Pony League throughout the United States will be handled by the Naval Amphibious Base; it was previously planned to accommodate the housing through the use of a ship being tied up at 8th street but,due to situations beyond our control and because of the Viet Nam crisis, it was impossible for the Navy to comply with the previous plan. Mayor Gautereaux: stated the present plan is for these youngsters to be housed abroad the Naval Amphibious Base in Coronado, which involves a lot of activity presently; there will be a lot of water entertainment by transporting the boys possibly on one or two occasions from that location to National City by water and also giving them extensive tours of both the bay and the ocean and the naval facilities during such time as the Navy has the opportunity to accommodate them. Mayor Gautereaux stated we should be proud of the relationship between the City of National City and the Navy and that Admiral Monroe, Commandant, Naval Amphib- ious Base, was extremely genercUs with this community in offering these accom- 'modations and we are pleased that Admiral Monroe would respond to such a pro- ject as we will be entertaining. 8/10/65 188 MAYOR GAUTBREAUX stated that prior to July 1st two outstanding citizens of the community were designated goodwill ambassadors as they toured Europe and especially the city of Vienna. The Mayor recognized Mr. and Mrs. "Teak" Killion, who were present. Mr. Killion gave a short talk on their trip in Vienna; he was presented with two autographed books, "This is Vienna;" one of the copies was presented to Mayor Gautereaux. Mayor Gautereaux stated he woul make the book a permanent record of the City and thanked Mr. and Mrs. Killion for being ambassadors of goodwill on behalf of the Mayor, City Council and the citizens of our community. BOBBY WORTHY, 1223 Manchester, was present and asked if the City Council of National City would contact the City of San Diego i.n regard to the closing of Manchester, if this could be done and if it can not be done, some other solution should be reached; Manchester is a dangerous street and is banked the wrong way for traffic. Mayor Gautereaux asked if it was the City Manager's intention to make a complete report at that time. City Manager Osburn stated the City of San Diego has had this request in regard to the streets for about six months and he was sure they would not give us an answer on the closing of Manchester in a week but he could try. Councilman Colburn said the most important thing would be for the City Manager to convey to the City of San Diego that the petition was circulated and signed by residents of the community and, to their way of thinking, it would eliminate the problem. Mayor Gautereaux stated this has bben before the City of San Diego for th4 past six months or longer and is of prime concern to him; with the amount of citizen interest shown, he hoped we could make this one of our prime objectives in getting this situation resolved, the ultimate closing of this street and if this can't be accomplished, at least getting something under way where we can get other streets opened up and stay on top of this project until we can do something positive to alleviate the situation. The Mayor stated he hoped it would be resolved in the next few weeks. CITY MANNER OSBURN stated in regard to possible problems of access to or right-of-way to 2930 "A" Avenue (displaying a chart on the wall), a section was purchased from Mrs. Cusack by Mr. Stanley; the City owns a section which is now in escrow, being sold to Stanley; Stanley in turn bought 30' and is dedicating 20' as a street, leaving a 10' strip fronting on "A" Avenue, over which we have no control as soon as this escrow is closed; Mrs, Cusack feels she should have access to her property; she has a 10' strip which would be the only access to any street; she sold this 30' to Mr. Stanley 10' outside of the Street right-of-way; Mr. Stanley is in turn dedicating 20' on "A" Avenue and giving us a quitclaim deed to a section, which will be a part of 30th Street in the future; Mrs. Cusack would have only the 10' strip going to National Avenue. Councilman Morgan stated her part on 30th Street will be cut, and she will have no access to her property. Vice Mayor Allen stated she would have access off of 30th Street. Councilman Morgan stated i.t is paved up to her house. Councilman Hogue asked if she could get to her property coming up off of National Avenue. Vice Mayor Allen said she could. Mayor Gautereaux stated if the complete street right-of-way goes through, she would have 30' access on 30th Street besides the 10' that is now off of National Avenue. Mayor Gautereaux said he understood from Councilman Morgan the ri4ht-of-way wanted by Mrs. Cusack is in the portion owned by the City that she has used for 44 years and that we put a coweiaant on this City property, giving her a permanent easement. Mayor Gautereaux asked Assistant City Attorney Todd if this would cause any problem. Assistant City Attorney Todd said it would be lawful to convey an easement for the term of someone's life but this would cloud the title for any other use of the property. Moved by Hogue, seconded by Morgan, this item. be tabled until we find out if she can get to her home on the 10' strip. Carried by unanimous vote. CITY MANAGER OSBURN reported in regard to the request of C.C. Coody for over- sized driveways on Lanoitan Avenue, north of 18th street, it was recommended the owner be granted a 37 foot wide driveway where he requests 60 feet; this will accommodate the utility pole in its present position; the owner now feels he needs a 45 foot driveway at this location and the additional 8 foot width 8/10/65 189 will not be contested by the City providing the owner and the telephone company agree the City will not share in the pole relocation cost. City Manager Osburn stated it was further recommended that a 24 foot wide driveway be granted where he requests 30 feet; if the driveways are constructed as recommended, there will be space to park two cars between the driveways on the street and if the 45 foot driveway is permitted, it will accommodate parking for one car in violation of Ordinance No. 962. City Engineer Foster displayed a map on the wall, stating i.t was his suggestion Mr. Coody be granted the 37' driveway in the one area, which would not necessitate moving the pole but if he. wished the area cleared, arrangements for moving the pole be made directly with the tele- phone company. Councilman Morgan asked the cost for moving the pole. Mayor Gautereaux asked Mr. Ben Records, Manager, Pacific Telephone Company, who was present, if he had any information an this matter. Mr. Records stated they had gone along with the 1911 Act and set the pole once and he estimated the cast of relocating the pole at roughly $400.00. Mr. Records pointed out if the Council died not grant the oversize driveways and approved the City Engineer's recommendations., the telephone company will expect to exercise their right-of- way within two weeks and span their cables to the pole without any further restrictions from the. property owner, Moved by Allen, seconded by Morgan, the City Engineer's recommendations be approved and Mr. Coody and the Telephone Company get together. Councilman Colburn asked for the recommendation of the City Engineer. Mayor Gautereaux stated the recommendation was the 45' drive- way be granted providing there is no liability to the City in the relocating of this pole, that it be between Mr. Coody, the property owner, and the Tele- phone Company. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, .Gautereaux. Nays: None. A COMMUNICATION FROM THE DIRECTOR OF HOUSING in regard to tenant vacancy and building demolition was presented. City Manager Osburn recommended no houses be torn down except those in such condition they can not be rented; if the houses can be rented, we should keep them until we have use for the land. Moved by Allen, the recommendation of the City Manager be approved. Motion died for lack of second. Mayor Gautereaux said he believed the report referred to a specific area. City Manager Osburn said it was for the whole general area; as the houses become vacant, the Director of Housing wishes to demolish them and salvage some of the lumber from the buildings. City Manager Osburn stated he felt we should keep the houses as long as they are rentable or until we have a use for the land. Mayor Gautereaux recommended the item be tabled until a more detailed report is received as to the vacancy factor and the economics involved as to why we should not proceed with removing this housing that we ultimately wish to eliminate. Moved by Hogue, seconded by Morgan, the Mayor's recommendation be approved. Carried by unanimous vote. A COMMUNICATION FROM THE DIRECTOR OF PARKS in regard to the tree planting pro- gram was presented. City Manager Osburn recommended holding off on this until we have more information as to our financial condition for the next year; the auditors are still working on their report and he wished to hold off until a report is received from the auditors. Moved by Morgan, seconded by Hogue, the City Manager's recommendation be approved. Mayor Gautereaux asked how long it would be until a report is received. City Manager Osburn stated it would be approximately three weeks. Councilman Colburn asked if the City Manager's office had estimated at one time we could create approximately $3,000.00 for this tree planting progtam and if we could start on at least one phase of the program. City Manager Osburn stated the Housing will affect this $3,OOO600; we are going to be tweed for some sewer extensions this year and one other item to be recommended later in the meeting. The City Manager stated he would like to get a better picture of our income and expenditures before making any recommendation as to expenditures not listed in the budget. Mayor Gautereaux recommended a Finance Committee meeting be called at that time, that we con- sider this at such time as we have a report from the auditors and we take both of these areas into consideration with the Finance Committee. Carried by unanimous vote. A LETTER OF RESIGNATION from Jewel Feuer, library page, was presented. Moved by Allen, coconded by -Hogue., the resignation be accepted. Carried by unanimous vote. A PROTEST TO THE CLOSING OF "le AVENUE between 8th and 9th Streets from Mrs. Flora Knight, 1431 "L" Avenue, was presented. Mayor GautQrrsaux recommended' 8/10/65 190 the protest be accepted, filed and made a part of any proceedings of the hearings that will be forthcoming, Moved by Morgan, seconded by Hogue, the Mayor's recommendation be approved, Carried by unanimous vote. ¢g COMMUNICATION FROM THE DIRECTOR OF HOUSING in regard to the closing out of a portion of Olivewood Housing was presented. Mayor Gautereaux stated he believed dthh previous action of the Council was all inclusive in these two items. Council man Hogue stated this related to the land for sale. Moved by Morgan, seconded by Allen, the Director of Housing's recommendation be approved. City Manager Osburn stated Mr. Gautereaux has recommended the tenants be given until September 1st due to the rental schedules. Carried by unanimous vote. A REQUEST FOR REFUND OF $25.00 PERFORMANCE BOND by Mason Kussart, 2509 East 13th Street, was presented. Moved by Allen, seconded by Colburn, the refund be granted and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION FROM THE ALTRUSA CLUB of National City requesting an inspection of Granger Hall to determine its safety was presented. Moved by Morgan, seconded by Alien, the request be granted. Councilman Colburn asked if the i.nssection was made. City Manager Osburn stated normally this does not require Council action but he wished to have the Fire Department and the Building Department inspect the building if the Council so desired. Carried by unanimous vote. A COMMUNICATION FROM THE FIRST NATIONAL BANK in regard to Escrow No. 7-1693 (Walter E. Fiedler, Inc.) was presented. Mayor Gautereaux recommended the letter be filed. Moved by Colburn, seconded by Allen, the Mayor's recommendation be approved. Carried by unanimous vote. A COMMUNICATION FROM THE DEPARTMENT OF THE NAVY, Bureau of Yard and Docks, in regard to making additional land available for the expansion of the Fort Rosecranv National Cemetery was presented. Ordered filed by unanimous vote. A COMMUNICATION FROM THE NATIONAL CITY LIBRARY BOARD OF TRUSTEES in regard to disposition of monies collected as fines was presented. City Manager Osburn said the decision by the Deputy Legislative Counsel was that in their opinion, the Library fines can go into the Library Fund instead of the General Fund and a recommendation will be received from the Library Board as to what they would like to use the money for. Mayor Gautereaux recommended the communication be filed until such time as the report is received from the Library Board. Moved by Morga seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimot. vote. A COMMUNICATION FROM CITY MANAGER OSBURN in regard to Change Orders for the Civic Center was presented. Moved by Alien, seconded by Hogue, the City Manager's recommendation be approved and the Change Orders accepted. Carried, by the following vote, to -nett: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None. A COMMUNICATION FROM THE NATIONAL CITY EMPLOYEES FEDERAL CREDIT UNION requesting office space in the Kimball Park Community Building was presented. Moved by Allen, seconded by Morgan, the request be granted if space is available* City Manager Osburn recommended they be allowed to use the room now being used by the tax assessors; the tax assessors should be out around the end of the year and the Credit Union's office in the Housing will be in use at least until the end of the war. Carried b; unanimous vote. A COMMUNICATION FROM THE ALTRUSA CLUB OF NATIONAL CITY requesting the use of tables and chairs for a $1.00 fee on August 26th for a fund raising pit barbecue was preened,. M€�yef1 by.Al1.en, seconded by Morgan, the request be granted. Ekl%v .� .. I .� �;G, �tated it'in�,ght be possible the chairs and tables will not be available. Included in the moti.nn and second with the approvals of the Director of Housing. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. 8/10/6i5 191 CITY MANAGER OSBURN xspoxted in regard to the ownership of property on 5th Street in the vicinity of the Paradise Valley Hospital and the willingness of the Hospital to contribute to the cost of steps at 5th Street and Euclid Avenue, he contacted the administrator of the Paradise Valley Hospital and was informed they do not own any property on 5th Street at this time and it was not their desire to contribute to the cost of the steps going down 5th Street to the Euclid Avenue level. Councilman Colburn asked City Manager Osburn if the field has been surveyed completiy in regard to the use of the steps or if we might go over it again before this property is sold. City Manager Osburn stated another survey could be made; 15 or 20 families were not home when the last survey was made, Councilman Colburn asked if the lots on Euclid Avenue are deep enough to build on, City Manager Osburn stated the lots they have now are 35' or 37' facing Euclid Avenue, the rest of it is slope; our frontage would be 60'. Mayor Gautereaux stated, in regard to the steps, people in the area of 5th Street above would like to have access to the street, be able to walk from there to the shopping area and availibility to the hospital. Councilman Morgan asked if a study was made of the cost of these steps. City Manager Osburn said the estimate was roughly $1,500.00. CITY MANAGER OSBURN stated in regard to furnishing sewers to the W.E. Fiedler property at 24th and Wilson Avenue (referring to a map on display), there are two solutions: (1) to go from the center of Coolidge Avenue and 24th down 24th Street and then south on Wilson Avenue, at an estimated cost of $9.,300.00, most of this area is under water and construction would be very difficult; (2) from the center of 23rd and Wilson Avenue south on Wilson across 24th Street, at an estimated cost of $7,200.00. The City Manager recommended Solution 2 be used at an estimated cost of $7,200.00, Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved, Councilman Morgan asked if the city would not benefit more by installing the sewer on 24th Street, City Manager Osburn stated we have a sewer on Coolidge Avenue and the last tenant at 24th Street and Coolidge Avenue was going to hook into Coolidge Avenue; Davis could hook into Coolidge Avenue and the junk yard could hook into Wilson Avenue; there would be a block in there without a sewer but if an extension were necessary, we could probably run it down loot or 200' and it would take care of anything that would go in there. Councilman Hogue stated the plan is to develop 24th Street as a major street to Highland Avenue and eventually a sewer would have to be installed on 24th Street. City Manager Osburn said it was possible; if another person came in on this side of 24th Street and agreed to use the Coolidge Avenue sewer, there would be no problem as that would take all of the frontage and the same thing is true on the other side of 24th Street. Motion carried by the following vote, - . to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. CITY MANAGER OSBURN reported the receipt of the architect's monthly progress report for July; the structural portion of the EOC is complete except for the exit stair and connecting tunnel to the main building; the interior work for the EOC is in progress; the first floor of the main building is being formed; it is anticipated that the scheduled delivery of the precast concrete panel from Arizona will be delayed due to the operator's strike in that state. Moved by Morgan, seconded by Allen, the report be filed. Carried by unanimous vote. CrTY MANAGER OSBURN reported the receipt of step increase requests for the followw* persons which were approved by the Department Heads and the City Manager's office; Frank Higgins, Engineering Department, to Step E; Charles Palomino and Clarence Wright, Fire Department, to Step C; and Leonard ,,fonder, Public Works Department, to step D. The City Manager recommended these increases be approved. Moved by Morgan,, seconded by Alien, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported the receipt of a report from the San Diego County Water Authority stating the amount of water in storage and recommended it be filed. Ordered filed by unanimous vote, CITY MANAGER OSBURN stated 16th Street is now under construction and in the vicinity between "M" and "N" Avenue quite a bit of fill will be necessary; there are four or five parcels of property along the south side of loth Street, which we will use for the fill to run down on and these people have agreed that if a 8/10/65 192 5' fence is installed at the top of the bank to keep the children from running up and down the bank, they will on alon.a with this and give us the necessary easements. City Manager Osburn stated it was estimmectod this would cost $700,00 and recommended it be approved. Moved by Morgan, seconded by Alien, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. K. OLMSTED, Senior Account Clerk, representing the City Clerks Office reported receipt of communications from Representatives Bob Wilson and Lionel Van Deerlin. acknowledging Resolution No. 8961, encouraging the expansion of the Fort Rose- craps National Cemetery. Ordered filed by unanimous vote. CITY ENGINEER FOSTER stated they have a problem at 8th and "K" in regard to driveways; there is a house and garage at the southwest corner of 8th and "K" and the Engineering Department had set at up to put a driveway in to the east side of the garage from "K" Avenue; there is a door on the north side of the garage and an existing driveway which comes through where the curb return would be, going from the north side of the garage; the construction of the driveway in the curb return is in violation of our Ordinances. City Engineer Foster said the property owner, Cora Laubmayer, 1038 E. 8th Street, is re- questing a driveway to come in off of 8th Street across the curb return. Councilman Morgan suggested an extra length driveway be provided on the west curb of "K" to facilitate entering and leaving the driving lane into the north door of the garage which is parallel with the curb line on "K" Avenue. Fred Newmeister, 5002 Helix Terrace, La Mesa, was present on behalf of Mrs. Laub- mayer and stated she would be denied the use of her driveway, a driveway facing "K" does not tie into this other garage; the only approach she would have is from the 8th Street side balcause there is not adequate space to make a turn into this driveway from "K"; the way this is engineered at the present time there will be considerable setback from 8th Street to the new curbline. Mr. Newmeister said it seemed unfortunate that after living there for 35 years the privilege of the driveway was taken away. Mayor Gautereaux asked from the observation made by Councilman Morgan, by placing the driveway on the "K" Street side closer to dth Street, if that would permit sufficient access off of "K" Avenue to swing into that driveway. Mr. Newmeister said he didn't believe so, there was less than 2' from the driveway to the sidewalk. Mayor Gautereaux asked City Engineer Foster what the problem was in coming across that curb return. City Engineer Foster stated it was in violation of Ordin- ance 851 and creates a dangerous situation when you back out across the curb return at the intersection of 8th Street and "K".,Avenue. Mayor Gautereaux asked if the Council could consider a variance of some sort. Councilman Morgan suggested an oversize driveway. Mr. Newmeister said he didn't think there was enough room; the driveway is fairly narrow and you couldn't drive in and make a sharp enough turn; you would have to go in at an extreme angle. Moved by Hogue, the two suggestions be referred to the Traffic Safety Committ- ee, and get a report from them. Motion died for lack of a second. Mayor Gautereaux stated this a 1911 Improvement Act. City Engineer Foster stated there was some urgency in this matter; the curbs are being put in now; the Engineering Department was going to go ahead with a driveway as shown on the plans on the east side of the garage and not consider this matter but the property owner iskoncerned; this matter has to be resolved soon or the job will have to be shut down until it is resolved. City engineer Foster asked Mr. Newmeister if he wanted the driveway along the East side of the garage too. Mr. Newmeister said yes. Mayor Gautereaux stated the existing driveway has been there for years and the situation will be no more dangerous than in past years and asked that permission be granted fox this driveway under a variance or whatever is necessary to accommodate this piece of property. Moved by Morgan, seconded by Gautereaux, the Mayor's recommendation be granted. Councilman Colburn spoke against the motion, saying he could not understand why anyone would desire encouraging additional backing onto 8th Street. Councilman Hogue asked if the driveway would take in part of the radius of the curb. City engineer Fp$ter stated we are putting in a 20' radius and modern- izing the street; there was no curb on "K" before. Councilman Colburn asked if this could pe done on a nonr,conforming use and if the property was ever re -developed it could be eliminated at that time. Assistant City Attorney Todd said he would have to check into its Vice Mayor Allen stated, consitering the fact this 1911 Act is going in primarily 8/10/65 193 to accommodate a number of apartments, there will be considerably more traffic on 8th Street and there will be a dangerous situation. Vice Mayor Allen stated he favored the suggestion of Councilman Morgan to increase the size of the driveway so they can approach it and get in there instead of having it on the curb. Councilman Hogue spoke against the motion; if it was the opinion of the City Engineer this is a dangerous situation, he would prefer having an opinion from the Traffic Safety Committee or the Police Department before voting on this driveway. Motion failed by the following vote, to -wit: Ayes: Morgan, Gautereaux. Nays: Allen, Colburn, Hogue, Vice Mayor Allen said he Would go along with the suggestion of Councilman Morgan. Mr, Newmeister asked the City Engineer if this would be at the City's expense. City Engineer Foster replied this would be the decision of the Council. Mayor Gautereaux asked if this would be a part of the 1911 Act computation. City Engineer Foster stated we can only assess $200.00; these people have some other driveways but this an extra matter. Mayor Gautereaux said he would like a clearly stated motion to the extent that it is a confronting motion to the property owner. The Mayor said we are not altering any course of action of any traffic other than the fact there is a new curb return and a relocation of that curb; it is unfortunate we can't give access for the property to this driveway and garage this property owner has had; it is putting a hardship on the property and Mrs. Laubmayer is entitled to that access to her property. Mr, Newmeister said if Mrs. Laubmayer has the access, for her lifetime, that is all they are concerned about. Assistant City Attorney Todd stated it can be established by variance or otherwise as a lifetime situation Moved by Alien, the City Engineer and Mr. Newmeister get together and see if they can't work out something that will not break our Ordinances and we will not have to set a particular precedent for any one individual, Motion died for lack of a second. Mayor Gautereaux stated the driveway would have to go in as engin- eered under the Improvement District and probably at a future time there can be a reconsideration and a driveway access made; this is a very unique case and the people are entitled to access to the driveway they have had in the past. City Engineer Foster stated this matter came to his attention since the last meeting; at the time the plans were presented there were no objections. Mayor Gautereaux stated this items will be a status quo until such time as the Council can reconsider the matter; it will stand as approved under the engineering and the project wi1l.proceed pursuant to the specifications. ^v .w ? :{e CITY ENGINEER FOSTER stated plans and specifications have been completed for the improvement of Prospect Street from 22nd to 24th Street, which includes a small piece of 24th Street between Prospect Street and Grove Street; the hearing on the Resolution of Intention is set for September 7th, The City Engineer requested permission to advertise this job so that upon the conclusion of the hearing construction could be started. Moved by Allen, seconded by Morgan, the City Engineer's recommendation be approved. Carried by unanimous vote. CITY ENGINEER FOSTER stated in the past few days the Street Department has paved "N" Avenue from 18th Street to 20th Street, 14th Street from National Avenue to 1°Af1 and the alley between °"A/f and National from 14th to 15th, and today they completed the pad for the bleachers at the ball park where the Torld Series will be held; also 30th Street from Coolidge Avenue westerly past the Burnett Furniture Company, this was not finalled out in time to get the Resolution of Acceptance ready for this meeting but he would have it next week. MOVED BY ALLEN, seconded by Morgan, the Director ofkHousing s report sae approved. Carried by unanimous vote. a;h, "=.n DIRECTOR OF PLANNING STOCKMAN reported receipt of a request from Mr, and Mrs. Wooiford, 1747 East 24th Street, for waiver of curbs, gutters and sidewalks and stated the Planning Commission recommended the waiver be granted subject to certain conditions. Moved by Morgan, seconded by Colburn, the Planning Commission' recommendation be approved. Carried by unanimous vote. COUNCILMAN MORGAN asked in regard to the driveway at 8th and "K" if the City Engineer is informed that Mrs. Laubmayer has changed her mind, could we have a motion to authorize the City Engineer, if he had written statement from Mrs. Laubmayer that she was satisfied with this driveway, to go ahead with the drive- way. Mayor Gautereaux said the Chair would entertain such a motion. 8/10/65 194 Moved by Morgan, seconded by Allen, we authorize the City Engineer to work with Mrs. Laubmayer on the driveway at 8th and ";C" and the City Engineer get a written statement from her. Mayor Gautereaux pointed out there would be an expense over the allotted $200.00 and if it is something that can be executed satisfactorily, the additional expense should be provided fez.. 'I OCXW cr 'liWcy1 ;:biii dn:arad`! i ix Carried, by the following vote, to -wit: Ayes: Allen, Hogue, Morgan, Gautereaux. Nays: None. Absent: Colhurn. MOVED BY MORRGAN, seconded by Hogue, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:25 p.m. r r? ATTEST: CITY C , RK BY lieputy City Clerk OR, CITY OF NATIOWL CITY, CALIEORNI