HomeMy WebLinkAboutMin - CC - 1967.07.1916X-
Burlingame, California
July 19, 1967
A regular meeting of the Burl ingame City Council was held on the abovegiven date. Ilteeting called to order at 8:2O p.m., - [ayor Diederichsenin the Chair.
At word fr@ tbe Chair, all in the Council Chamber arose and gave the
Pledge of Allegiance to the FIag.
ROLL CALL
Preaent - Councilmen:
Absent - Councilmen:
cro sbrlr-Diede richsen-George-dlohn8on-Hartin.
None.
the City Planner stated that a public hearing was held with
interested persons in attendance; a petition circulated in
}lIITIITES
lIhe llinutes of the regular rneeting of July 5, L967 , submitted to Council
previously qrere approved and adopted follouing a request frcrn Counc ilnan
,Johnson that her report on a recent meeting of the San [ateo County
Council of tilayors be amended to read: "At the .fune 3oth meeting, a
message from the Chairnan of the Board of Superviaors was received
reque3ting that replies to the questionnaire on Regional coverruRent be
forrrarded to the Regional Planning Commission; this was not approved by
the uayors' council; instead the metribers requested that the infornation
sent to the Board Chaitman be tabulated and the results fotthrarded to
the Council of Hayors for furtlrer action."
CIry II{PROVEUENT COIOIITTEE
ttayor Diederichsen, on behal f of Council, comnended ltr. Duncan Beardsley,
Chaiman. City Improvement comnittee, on the presentation of slides,
prior to the opening of the meeting, illustrating the current sewer
plant's operation and the improvementg reconunended to modernize the
1939 censtructed facility by submitting a bond issue to the electorate
on October I0, 1967.
Councilman George, Council Serer Bond Conmittee Liaison, advised that
the slideg will be viewed by Rotary Club urenbers at it6 next meeting
and thereafter b!, other city service clubs.
HEARING
APPEAL VARIAIICE 965 BAYSHORE BOT'LSVARD
Ir{ayor Diederichsen announced that this was the time and place scheduled
by council motion to appeal the decision of the Planning Conmission in
approving a variance to construct a food store on property located at
965 Bayshore Boulevard, a conrmercial use Ln an area zoned apartment.
llhe city Planner, at the requeat of the Chair, advised that the matter
came before the Planning Commissj.on as a request from [1r. sidney M.
ltadden, ormer, for a varLance to use trro-third s of the property he
occupies at the subject location for the construction of a "small-type"
grocery storei the land has been occupied by a plumbing shop for a good
number of years on a "true non-conforming uaage" basis; the lots in
question have dranged in use throughout the years and the or.rner noy,
propoaes a commercial usage of property zoned R-3, Apartment.
Conti.nuing,
a nudber of
CAI"L TO ORDER
PLMGE OP AIJJEGIAIICE
182
the neighborhood and filed with the Planning Cornniseion indicated a
nunrber of the residents and,/or the property owners rrere not opposed;
the response at the public hearing was divided with the majority of
those preaent in favor of the application i argumentE in favor included
atatementa that the current apartment properties are in poor condition t
are improperly designed and naintained; the cgnstruction of a nev
apartment would be conpetitive with those within an area that are "notof the best" and the conatruction of a "grocery store is better than
r*irat is now there"; and that at the conclusion of the hearing, the
Comnissionera voted unanirnously to approve the variance application.
Uayor Diederichsen recognized I,1r. Eugh Connolly, Attorney, representing
the applicants, who, in turn, presented Council with a sketch of the
proposed construction, advising that the plan, identical to that vieued
by the Planning Cormissioners, nov includee revigiona suggested by the
Conunission: (1) that the illuminated sign be located at the southerly
boundary of the property r (2) that a sidevalk construction at the prop-
erty frontage shall be installed to City specificiations; (3) that a
four and one-half foot planting area will be provided on the north side
of the property, and, to correct an error in the original presentation,
the building shall encdnpaaa an area of 2,400 square feet rather than
3,000 square feet.
IUr. Connolly referred to conditiona applicable to the granting of a
variance, Etating that the projected use will not be a detriment to
the general welfare of the property ownera or residents and the current
zoning claseification imposes a hardship on the applicant; the condition
of apartments to the south of the subject property, their proxinity to
the Bayshore Eighway and the noise emanating frorr the Preeway vehicular
traffic is not conducive to attracting a "prudent property ot ner" and
on this basis, a "hardship" would result if the applicant rras restrictedto apartnent house construction exclusively.
Ittr. connol ly concluded with a atatement that the use proposed rrould
be advantageoua to the nearby residente.
Ihe Chair invited comnents from thoae in favor. Hcaring none, a geries
of inquiriea rrere directed by the Chair to the applicant.
l{r. }tadden stated that he is the orrner of four lotg; an apartment build-
ing and a plurbing shop each occupy a parcel; the remaining tuo parcels,
for which a variance is requested, are proposed for this oonstruction
of a food store and that it ia not his intentlon to abandon the plunbing
ahop operation.
llhe city Planner, in reply to
granting a variance, the City
stated that the variance only
may continue to maintain, but
shop.
Ittayor Diederichsen'e inguiry whether, by
may be "legalizing" a non-conformlng use,
affects two lot8 and Iegally, the applicant
not to expand, the operation of hir plumbing
ltayor Diederichaen, on the subject of "econonica" que stioned the City
Planner on utrether the issue had been diacussed at the Planning Comlission
hearing, r*ho replied in the negative.
Ur. Connolly, in replying to the inguiry, advised that the tenant ia a
nationaLly-knorm enterprile, with over 1,00O narketa located throughout
the Country, a I igrned l6as6 for a period of trenty years ia proPosed,
obligating the conpany to maintain the property during the teto of the
leaee.
uayor Diederidrsen expressed his personal doubt that a emall neighbor-
hood store would be successful and referred to the recent closing of
a neighborhood market on the east side of california Drive.
18E
Ur. Connolly stated that the type of smalL store propoBed is designedto accolmnodate the imnediate neighborhood in which it is located.
A petition dated .rune 23, L967. received by the planning Comiseion
from reeidents and property ownera entering no objection to the grantingof the variance was ad(ndledged blll Council.
There be ing no one present to apeak in opposition, the Chair invited
Council c@ents.
Councilnan Johnson, at the request of Councilman ceorge, spoke on the
continued operation of a small store in her neighborhood for a period
of many yeara deapite the cmpetition from larger storea and expresaed
her "regret to the paseing of the small stores in a cormunity. "
Councilman ceorge, comment ing on the reference of the Chair to the
cloaing of a loca1 ne ighborhood store, stated that it was his under-
standing that nisnanagenent resulted in the store's failure and in hia
opinion, the proposal before Council "wiIl not harm the City. "
l,lr. Duncan Beardeley spoke of his personal knanledge of the corporation
proposing to locate a "7-11 Convenience Food Store" stating that
similar-type stor€s operating in many states have proven successful
and in his opinion, the establishment of a local atore rrould provide
a service to the comrnunity.
!,tayor Diederichsen stated that the particular area has a atore located
at the corner of oak Grove Avenue and Linden Avenue and expresaed concern
that the proprietors, A Chinese couple. may experience difficulty in
maintaining their bueineaa opcration.
councilman llartin stated that thoppers acknorledge that prices in small
cmnunity markets are slightly higher and a type atore as proposed,
accustomed to competition with local supemarkets. are willing to
accomDdate cuatoners r*ho purchaae one or tvo items at a time.
Tlhe hearing waa thereafter declared concluded.
Councilman llartin moved that the action of the Planning Cormtission be
upheld, aeeonded by councilnan George. A Roll CalI vote was recorded
as follolrs:
Ayes:
Noes :
Counc ilmen : Crosby-George -Johnaor-It{art in.
Councilmen: Diederidrsen.
1 196?-1968 GAS TA)( ALIOCATION
A communication from the Director of Public l{orks, dated July 13, 1967,
advieed that his office hae received a "Ga6 Tax, section 2107, Fiscal
Year Budget, 1967-1968" frou the State Division of llighrrays and recom-
mended that a resolution be enacted to adopt the annual budgeted allotnent.
A meno from the City uanager, footnoted on the corutunication, concurred.
RESOLUTION I{o. 42-67 'Resolution of the city council of the city of
Burlingane Adopting Btdget for EcPenditure of Funds Allocated From the
State Highway Fund s to Cities" was introduced for Passage on motion of
Councilman Johnson, seconded \z Councilnan crosby and unanimously adoPted
upon RoIl C.11.
COIIIUI'NICATIONS
1S&
A m€mo frm the City ltanager, dated July 12, 1967, reported on a field
investigation requested by Council concerning the extent of damage to
shrube and trees cauged by an asphalt burner roethod of resurfacing
streets during a recent street improvement program.
Councilnan llartin questioned the time period in which a re-inspection
is made to determine "permanent" damage.
the City Ianager, in his reply, expre38ed the opinion that aeveral
inspections should be made prior to the elapae of the one year work
guarantee.
Folloning a brief diecussion. the City llanager, at the request of
councilman ltartin, was directed to (1) ascertain at wirat time the
"Temporary" damage may be considered "permanent" and (2) that Council
receive a report frqr the Park Superintendent withln six nonthe on the
extent of "permanent " da[age.
|\t1, ttt)
3. BURLII{GAI,TE SHORE I,,AND @}IPAIIIT RE:
IIODIFICATION FROI/I TOTAL DEVEII)PMEI{IT PLAN
A cmrunication dated July 12, 1967, was read from Robert R. l,honpson,
Attorney, repreaenting the Burlingame Shore Land Company, submitting
an application for approval of a proposed deviation fron the total
development plan referred to in Paragraph 12 of a contractual agreement
between the City of Burlingame and tlre Eurlingane Shore Land Company,
dated September 16, 1963. 1rhe application nas accmpanied by a copyof the proposed modification in the site plan.
At the request of l,tayor Diederich8en for a report on the referred to
Paragraph 12 of the Agreement, the City Attorney advised that at the
time the property was rezoned, variancea were granted for particular
structure8 in particular locations; Paragraph 12 includes a eti.pulationthat in tlre event the contracting party vighes to deviate materially
frorn the total developtoent plan, an application must be filed with
the city council for approval and consent.
f'he Chair thereafter recognized Mr. Robert R. lhmpaon.
ur. :fhonpson, referring to Paragraph 12 of the Agreement, stated that
the purpose of its inclusion wittrin the Contract, was that in approving
the variance, one of the items of Council concern t aa that the "on aite"
and "off site" work would be performed and to assure the city that the
correlation would remain correct, it era8 provided that there uould be
no deviation of plan rrithout approval of Council.
lilr. Itornpson Etated that the extent of the propoeed deviation in plan
may involve further reclassification and the filing of a eubdivision
map; however, on this occasion, Council ia requested only to place
the tleviation" clause into effect by re-opening the contract.
?he City Attorney, in reply to the Chair, advised that a hearing is not
required; that "the Eost the applicant Bhou1d hope for tonight i8
Council's approval, in principle, of the proposed plan"; that if ttre
plan entails a variance, a reclaseification or the filing of a reaub-
division map, the reguired legal proceasea muat be obeerved.
Councilnan ltartin, to clarify the opening statenent of l,lr. fhmpson,
atated that the purpose of Paragraph 12 was, among several rea8on8, to
insure the City that the "capital improvement " work would advance and
that the City erould maintain control of the variance.
2. REPORT ON SCORCHED SHRI'BS AIID TREES
165
!lr. Trhdtrpson thereafter introduced Ur. Edwin H. dewolf, Architect forthe project, and l{r. IIarry Sdners, repreaenting the Citadel propertiea,
with an interest in the develolnnent of the property.
A plot plan was displayed and Mr. deglo1f explained features of the
proposed eite areas: a one-hundred eighty unit apartment houae, comprising
an area of 2L2,943 square feet, including a tennis and a badminton court,
a pond and a gwirmning poolt tt o commercial buildings, totaling an areaof 224,498 aquare feet and an area of 114,876 gquare feet reserved forfuture development t actual parking apacea for commercial and apartment
uae for a total of 5O2.
Froln a eeries of inguiries directed to Ur. del{o1f and to lilr. Somers,
Council wae advised that approxinately five acres will accomnodate eachof the apartment area and the comnercial area; the remaining property,
approxilately three acrea, to be cleared of debris and reserved for
development at such t ime in the future when "experience" rnay determine
an appropriate uaei the apartment house proposed will be four stories
in height and the corunercial buildings one atory in height; and the
coverage of the apartnent houge in relation to the land is leas than
the allowable coverage (5O*).
llhe City Planner, answering an inguiry fron the Chair, advised, in
essence, that although the apartment house does meet the R-4 zoning
requirements, other uses indicated on the proposed plot plan are in
conflict with the contract agreement r that the issue is to aacertain
wtether (1) the original contract cannot be completed; or (2) it is
in error or (3) that it is irnpossible to proceed with the development ithat in his opinion, an action should be taken }l1' Council upon the
requeBt to place the developer in a position thereafter to present
the appropriate applications to the Planning Conunission.
A direct inqriry from Counc ilman Croeby to I{r. somera as to $trether
the originally proposed high-rise ap.rtmenta can be financed, was
replied to in the negative.
To counciLman l.lartin's inguiries, I{r. dewolf stated that the apartment
will be con8tructed of *type 3" masonry exterior walls, the open
garages will be concealed rrith a suitable planting; construction on
both the conmercial buildinge and the apartment building would cormence
simultaneously and would be so stipulated in the agreement.
councilman Uartin, comnent ing on the prior occasions on r*h ich the
subject property has been before Council, expressed concern that the
applicant may present, in the future, a request to develop the proposed
reserved area for connercial usage.
Corment ing further on the rejection I Council of a previous application
to convert the property to colmrercial usage, and that the issue ig now
presented to council "on a negotiated basie, " Councilman llartin atated
that he would continue to oppose comercial development of the property,
favoring instead. its original zoning.
Councilman Crosby atated that he did not ehare in Council'a conoern
regarding the " future development area" and that he would prefer to
awal,t untll such time as "experience" will detemine the use. ae
Buggested by Mr. Somer8. Councilnan Crosby expresaed the opinion that
a cornmercial venture of the type proposed would assist the merchanta in
the area.
Councilman ceorge, comnenting on his favoring the originally propoeed
apartment houges and hi8 asareneaa that the presetlt contract will be
nodified, stated that he waa not in favor of the 7A,4OO aquare feet
proposed for conrmercial purposes and the area should be reduced to
186
provide more apartments r that with the development of the industrial
area, the addition of apartment houses will attract residents to the
city, and, with respect to the three acres to be developed in the future,in his opinion. the reservation of "open-space" Iand is deelrable.
Ittayor Diederichsen, cmnenting on the imp rovement s constructed thus
far in the area, stated that the applicant ie entitled to the re-opening
of the contract t however, in his opinion, Burlingane "needa more
occupancy" and hrill be obtaioed mainly fron "nulti-occupancies. "
Discussion followed with a najority of Council indicating that the
contract should not be re-opened to consider the current plan.
Cormenting on the volune of r*ork preparatory to the presentation of
applications to the Planning Cormiaaion, ltr. ftr@p8on appealed to Councilto re-open the contract to grant the applicant ttre "right to proceed. "
councilman l{artin and councilman George reiterated their statements
that the current plan is not acceptable because of the extent of ttre
proposed cmercial use.
t{r. Osear Peraon, the appl icant, personally spoke on the reaaons r*hereby
the original plan failed to naterialize, suggesting that the proposed
comnercial area be reduced to 60,000 or 70,OO0 square feet and that
the reserved area rernain in the R-4 claEsification for possible rezoningin the future -
RECESS
i$re Chair declared a r€ceaa at lO:30 p.n.
CALL TO ORDER
llhe meet ing was reconvened at 10:45 p.m.
BI'RL I NGAIITE SBORE LAND PROPERry (cont . )
councilnan arohnson, prefacing a motion, suggested that as a matter
of courtesy to the applicant, the subject be continued to another
neeting and that in the interifi, the developers consider a plan to
include more "garden-type " apartments.
A motion thereafter by Councilnan arohnaon that the subject Eatter be
continued to the regular Council meeting of August 7, L967, waa
seconded by Councilman ceorge.
On the question, councilman ttartin Btated the opinion that there waa
no rea8on to continue ttre subject, the applicant may auhit, at any tine,
ar alterrrate plan.
A Roll Call vote was recon:ld as follorys:
Ayes:
Noea:
Councilmen : cro8by-Diederichsen-George-Johnson.
Councilmen ! Martin.
A cmnunication, dated July 6, 1967, w.s read from Richard aI. Sisher,
L708 Sebastian Drive, conmend ing the perforinance of the Burlingame Fire
Department on the occaaion of a recent fire at his home.
:fhe conrnunication was acknordedged with the City l{anager requeated to
forwatd a copy to the Fire Department together with a csnmendation
frm Council.
RESOLI'TIONS None.
4. FIRE DEPARII{ENT COUIT{EIIDATION
187
ORDINAIICES - Consideration thereof:
ORDINAIICE NO. 866 "An Ordinance Amend i ng #13.36.04O of the Burl ingame
l,lunicipal Code Regulating Parking on the Easterly side of carolan Avenuefor 125 feet Northerly of Oak crove Avenue" was given its second reading
and upon motion of Counciluran Johnson, seconded by Councilman Iartin,
said Ordinance passed its second reading and wae adopted by the folloring
RoIl Call vote:
Ayea: Councilmen:
Noes: councilrnen:
Abaent Councilmen:
Crosby-Diederi dreen-George-Jolrnson-Uart iJl .
None
None
1. LITIGATION SETTLEII{ENT (Sperry-nand)
2. ALFRED J. LET{A DISABILIIY REPORT
Council acknorledged a memo froa the city uanager, reporting the filing
of an application for a disability retirenent by Patrolman A1 Lena.
A complaint filed by !lr8. llax Gutierrez, Jr., 222 san Fe1ipe Avenue,
south san Francisco, in a cornmunication dated July A, L967, in prote8t
to the issuance of an off-Btreet parking citation, a11e9ed b!, the
complainant to have occurred by the inadequate poating of the "parkingtine linit, " was acknorrleged.
Councilnan llart in suggested that the cmunicat ion be referred to the
Parking cdflniasion to determine r*lrether the signs are adequate.
Trhe City Planner, for the information of Council, referred to the parking
lot on Chapin Avenue, stating that in addition to the poBting of sigma,
the time linitation is Btencilled on the bumper strips.
I'he city ltanager was directed to requeat that the Parking Comnis s ion
investigate all parking lots for report and re cqrunendat ion to Council .
CounciLaan Johnson, Council Sister City Cmnittee liaison, advi8ed that
the regular meeting of the si8ter city c@nittee has been re-scheduled
to meet on glednesday, July 19, 196? at 8:OO p.n.
5 CLARIFICATION RE: "BAYFROI(I CPUUITTEE'
Councilman ilohnson, for purposes of clarification and with reference
to the "reactivation of a former comittee on the development of bay-
front properties" suggested b1z Chanber of Cdflnerce President, l.tr. Paul
ConBtantino, read excerpts from minute8 dated ltardr of 1956, naning
the temporary ninetyday comnittee.
Councilman Johnaon statd that the committee, following lt3 suhission
of a report, was discharged and currently is not intact.
Councilnan Crosby, a neniber of the original cotrurittee, advised that
the Bole function of the counittee was the development of tlre lands
adjacent to the dispoaal plant into a park and recreation area.
T'NFINISEED BUSINESS
A memo to CounciL frqn the City Attorney, dated July 10, 1967, advising
that an Anti-Tru8t Damage Action agai.nst the Sperry Rand Corporation
et aI, has been concluded with a final settlement in the amount of
$711.79 received by the City, was ad<ncnrledged and placed on file.
3. PARXING CITATION COUPLAINT
4. SISTER CIIY COU}TITTEE II{EETING CHANGE
1.68
Councilman uartin suggested that the Chanber of Cornmerce appoint a
comnittee fron among ita menbers to vork wittr the City's Seser Bond
cotmittee.
Councilnan ifohnson concluded the brief discueaion \l reguesting that
a cormrunication of explanation be directed to !tr. Constantino.
I. PLAOT'E FOR @RPORATION YARD
Councilman Crosby, acknowledging a diagran of a plague prepared by
the city llanager to be mounted on the nery Corporation Yard building,
introduced a motion authorizing the City l,lanager to order the iten.
fhe motion was aeconded by Councilnan ceorge and folloqring a brief
discussion on the question, the motion was carried, with Councilman
Uartin ca8ting a "no{ vote.
warrants, month of July, 1967, Nos. 8746 - 8916, in the total amount
of $144,133.60, duly audited, were approved for palment on notion
of Councilman crosblz and seconded by Councilnan Johnaon.
Payroll vrarrants, month of June, 1967, Nos. 2857 - 3399, in the total
anount of $144,019.47, were approved on motion of Councilman Crosby
and seconded by Councilnan ilohnaon.
I{ayor Diederichsen announced his attendance at the foJ.louing meetings:
the lilorth County Council of ltayors , lltrursday, July 6 , 1967 , at rdtridl
time Councilman Francis P. Pacelli, City of DaIy City, rras elected
Chaiman for the ensuing year; the Greater Highways Comrittee oniIuly 13, 1957: agenda items included (a) roads proposed to new collegesitee and O) the conatruction of a "Marine world" in the City of
Redwood City. to be completed b,y the late sumer of 1968.
Councilman uartin, Chairnran, Council Budget Comnittee, announced that
the 1967-1968 budget would be an agenda iten at the study rueeting of
August 2. Council thereafter scheduled Augu8t 7 , L967 , to conduct
a public hearing on the proposed 1967-1968 budget.
ACKNOWLEDC,T{ENTS
fayor Diederichsen aclcnowledged receipt of a "Capital Improvement
Budget, 1967-1958" prepared by the City Planner and suboitted in
behalf of the Planning Cormission.
:fhere be ing no further transaction of business, the meeting was
regularly adjourned at 11:25 p.m.
Respectfully subnitted,
APPROVED:
7-///t "/,o /+/r&rz/2L/,-*^-
WERNER E. DIEDERICHSNS, }IAYOR
HERBERT K. WHI?E, CITS CLERK
NEW BUSINESS
WARRANTS
PAYROLL
AIINOI,NCEI,IETITS
AD.'OI'RNUENT