HomeMy WebLinkAboutMin - CC - 1964.05.04_1
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CAI,I TO ORDER
A regular meeting of
given date . Ivleeting
the Chair.
Burlingame, California
Yray 4, !964
the Burlingame City Council was held on the above
called to order at 8:05 p.m., - Mayor llartin in
PLEDGE OF ATLEGIANCE
At word from the chair,
Pledge of Allegiance to
ROLI, CA],],
all in the Council
the F1ag.
Chambe r arose and gave the
Present -
Absent
Councilmen:
Councilmen :
cro sby-Geo rge -Ivla rt in .
Diederich sen-.Tohnson .
Councilman ilohnson, absent while on vacation, and council,man Diederichsen,
absent because of i11ness, were both excused.
llhe minutes of the regular meeting of April 20, L964, and the meeting
to canvass election returns, April 21, 1964, were unanimousJ-y approved
and adopted on motion of Councilman George and seconded by Councilman
Crosby.
BIDS - DEI.,IOTITION WORK ON PARKING LOTS
Itlayor lrlartin announced that bids for demolition work preparatory to
i.mproving certain parcels within the Off-Street Parking District No. 1project, were received, according to lega1 publication, at 2:00 p.m.
on this date, opened and declared as follows:
BIDDER TOTAI, BID
KnaPp E:<cavators, Inc.
Richmond, California $16, 400 . oo
Jacobs Bros
San Mateo, California
30,600. oo
Cleveland Wrecking Co.
San Francisco, California
19, 990 . O0
Bayshore Wreckers, Inc.
San Francisco, California
22 ,L32.OO
KfK Wrecking Co.
Concord, California
29,799.OO
National Demolition Corp.
South San Francisco, California
23,A42.OO
Engineers' Est jrate 27 ,900.OO
The Knapp Exeavators, Inc., were determined to be the lowest responsible
bidder and RESOLUTION NO. 51-64 "Awarding Contract for Demolition work
For Lots B, C, E, F, c and K, Burlingame Avenue Area Off-Street Parking
District" was introduced for passage on motion of Councilman Crosby,
seconded by Councilman ceorge and unanimously adopted upon Ro1l Call.
MINT'ITES
I
IlEARINGS
I. APPEAL RE: W. E. iTENKINS R-1 DISTRICT P ROPERTY
Mayor llartin announced that the matter of an appeal from the decisionof the Planning Commission in approving a variance to I{r. w. E-Jenkins, 1511 Newlands Avenue, to construct a Uulti-family buildingin an R-1 District, was scheduled for a public hearing before theCouncil on this date -
At the request of the Chair, the City planner summarized the appli-cant's presentation before the planning Commission and advised thatthe property, zoned R-1, is three lots removed from the El CaminoReal (R-3 zone) and within a triangular area bounded by the El CaminoReal, Occidental and Barroilhet Avenues.
The City Planner spoke in some detail on the status of the property
on Newlands Avenue, including the existence of single family dwellings,
duplexes and apartment house units, all constructed on property zoned
R-1 .
Mr. IIenry Stephens, 1341 Capuchino Avenue, recognized by the Chair
as the appellant, stated that in his opinion, the j.ssue is one of
principle; that his objections were primarily based on the following
facts: (1) the requirements necessary to the granting of a variance
had not been met, particularly with reference to the clause;(2) a precedent permitting "spot zoning" would be established;(3) not only one parcel but the entire area should be surveyed for
possible reclassification; and (4) the construction of an apartment
house in an R-I District imposes an additional financial burden on
the City to provide more police protection, more fire protection
and the installation of an adequate sanitary sewer facility.
Communications in protest to the proposed multi-family dwelling,
were acknov/ledged from the following:
Mr. Joseph P. Murray, 1525 Newlands Avenue, April 8, 1964. Mrs.
Dorothy Murray, 1525 Newlands Avenue, I.{ay 3, L964, l4r. and l{rs.
Arthur Collingwood, L527 Newlands Avenue, Mrs. Isabel Rogers.
1516 Newl-and s Avenue, April 8, 1964, I{r. and Mrs- Louis S. }loose,
1548 Newlands Avenue, April 25, 1964 and !1r. Lorenz H. Hansen,
1540 Nevzlands Avenue, April 6, 1964.
Mr. A. c. westcott, President, Burlingame Suburban Protective
Association, spoke at some length on his objection to the granting
of the variance that if not denied, shaI1 be an incentive to many
more property owners, in similar positions, to request the same
consideration.
I{r. Westcott stated that if it is determined that the applicant
does qualify, then all the owners of R-I zoned properties are
e1i9ib1e to apply for variances.
!1r. Stephens urged Council to overrule the
Commission by denyi-ng ttre variance granted
The
the
the
decision of the Planning
to Mr. Jenkins.
opPo sr-ng
aga in st
statements of Mr. James E. Carroll, 848 Wal,nut Avenue,
granting of the variance, concl-uded arguments presented
proposed multi-family dwelling construction.
I{r. ifenkins, the applicant, stated that he purchased the proPerty
for purposes of improvement rather than for speculative purposes;
that it ruas his intentj-on to erect an attractive garden-type, five-
unit apartment and maintain one unit for his personal use.
I
Mr- Jenkins pointed out that there are fifteen rental
the first btock of newl-and s Avenue i that his property,
unattractive in appearance, when improved as proPosed,
readily adaptable to the neighborhood.
A communication was
Avenue, expressing
suggesting that if
by El Camino Real .
units within
presently
would be
Mr. Ridrard Reyna, 220 Clarendon Road, Mrs. Bernice Barnett, 1575
Avenue and tlr. L. E. Bostrom, 749 Lexington Way, spoke Personally
favor and each suggested that a study be made of the entire area.
read f rom I{r. and l{rs . D. II. 'fohnson, 145 Occidental
approval of the variance granted to !1r. Jenkins and
denied, a study should be made of the area bounded
Burlingame Avenue, Pepper Avenue and Barroilhet Avenue.
Ral ston
in
considerable discussion arose thereafter on the zoning abuses prevalent
in the area and the advisability of conducting a survey.
In repLy to council inquiries, the City Planner advised that "no true
study has been made of the area"i however, an informal survey revealed
"many spots that are blighted"; if the Planning Commission is directed
to conduct a study, a report can be made avail-able to Council within a
period of approximately six to eight months.
Itlayor Uartin spoke on the variance requirements and referring more
particularly to the "undue property loss" clause, requested ur. Jenkins
to state his personal reasons whereby the property being considered
may qualify-
Hr. ilenkins stated that there is a smalI unsightly unit at the rear of
his property and the status of an adjoining five-unit buil-ding in his
opinion, is not conducive to "first residential property"; that "it
is difficult financially to hold property for a length of time without
developing it. "
Mayor Martin expressed his concern with variance requirem - "that
the granting of such variance will not adversely affect the comprehensive
zoning plan of the City" stating that he considered the proposal "spot
zoning" and to apply an R-3 usage to an R-1 zoned parcel, west of
E1 Camino Real, would create a "major change in the City of Burlingame. "
Speaking
that the
Mr. Jenkins thereafter announced his
cation for a variance.
as an individual member of the Council, Mayor M artin
entire area south of Occidental Avenue be included in
sugge s ted
a survey.
Following further discussion and in reply to Council, the City Attorney
advised that whether the application is withdrawn, or the matter is
continued pending receipt of a survey report or the application is
denied, a period of one year shal1 elapse before further action may
occur.
intention to withdrav, his appli-
Councilman George moved that Council
withdraw his request for a variance,
by Councilman crosby and unanimously
accept llr. .fenkins' of fer to
dated August 12, 1963, seconded
carried.
lilayor lt{artin on behalf of Council-, directed the city Planner to conduct
a survey of the areai that upon completion of the survey public hearings
be scheduled before the Planning Cormnission and thereafter recorunendations
vrith respect to reclassifying the area in guestion, be submitted to the
City Council.
10
2 APPEAL RE: CARL M.FISKE PROPERTY ADDITI ON
The caair announced that an appeal from the decision of the planning
Commission in granting a variance to I{r. and Mrs. Carl U. Fiske,2012 Devereux Drive, to construct an addition to their home exceedingthe 1ot coverage IegaIIy permitted, was scheduled for public hearingbefore Council on this occasion.
The Chair acknowledged the presence of !ir. and Mrs. william Vierra,2019 Ray Drive, the appellants and Mrs. I{ary E. Freitas, Attorneyfor the appellants.
Mrs. Freitas, in reply to an inquiry from the Chair, declared that
she was prepared to speak in behalf of her clients on the appeal
from the decision of the planning Commission -
tlr. and !lrs.
variance was
Council to be
Carl M. fiske, the applicants. whose
approved by the Planning Commission,
absent from the CounciL hearing.
application for a
were noted by
Ihe City Planner, addressing the Council, stated that his Office had
received of f icial word through a telephone call f rom lr,Irs. I'iske, at
4:45 p.m., on this day, that in view of the objections entered and
to preserve neighborhood unity, the family had made plans to move
from the area and had placed their property on the market for sale.
Councilman Crosby thereafter moved that the decision of the Planning
Commission granting a variance to permit the addition to the Fiske
property be overruled, seconded by Councilrnan ceorge and unanimously
carried.
RECES S
A recess rvas declared by the Chair at 9:30 p.m
CAIJL TO ORDER
The meeting reconvened at 9:35 p.m.
CIIAIR AAINOUNCET4ENTS
Mayor Martin made the following announcements:
1
2
council
Council
Receipt of a
to be placed
transcript
on file in
of minutes of
the Office of
Bridge Authority
Clerk;
scheduled
study meeting to be postponed until more members of the
are in a position to attend;
the
the
To11
City
3 A meeting of
Ntay 7 , 1964,
4. A copy of the san llateo county
sent to City Clerks within the
submission to their respective
the North County Council of Cities,
6:30 p.m., at Bob's on Broadwayi and
Council of Mayors' minutes to be
County for reproduction and
City Councils.
COMMT.'NICATlONS
A communication from the city Manager, dated May L, L964, advised
that a street deficiency report compiled by the Department of Public
Works is required to be formally submitted to the Division of
Highways of the State Department of Public works and it was the
reconunendation of his Office and the Office of the City Engineer
that a resolution to accompany the report be enacted.
f. STREET REPORT TO STATE HIGHWAY DIVISION
11
Council concurred and RESOLUTION NO. 62-64 "Transmittin g to the
State Department of Public Works a Street Deficiency Compilation"
was introduced for passage on motion of Council-man Crosby, seconded
by Councilman George and unanimously adopted upon Ro11 Ca11.
The City Engineer, in reply to llayor l{artinrs inquiry concerning the
status of widen5rg Cal-ifornia Drive from Broadway northward, advised
that to date no study has been made of the area and that it would
possibly be another five years before a report would be prepared.
Mayor l.{art in suggested that the Ci-ty },lanage r confer with the Park
Superintendent on the advisability of starting a new growEh of trees
and shrubbery to set back from the current screenj.ng areas along
California Drive and the railroad tracks-
2. TEI{PORARY SIGN "HERITAGE DAYS " APPROVED
A communication from the City ltanager, dated lvlay I, 1964, advised that
the Chamber of Colunerce has requested permission to install two
temporary signs for a period of four hreeks to acquaint the public with
a contemplated program "Burlingame Heritage Days" to be held in the
City from l{ay 19 to l,tLay 27 .
Council was advised that
dimension, with one to be
the signs will be four feet by four feet in
and E1 Camino Real and the
San l,lateo city line.
erected on the souttrvie st
other on E1 Camino Real
corner of l"lurchison
north of the
Councilman Crosby moved that
signs on a temporary basis,
unanimously carried.
approve the erection
by Councilman George
Counc i1
seconded
of the two
and
The City Engineer reminded Council
E1 Camino Real must be approved by
that the erection of signs on the
the State Division of Highways.
advised
the First
annexation
3. REA], ESTATE SIGNS TO BE REGI,'LATED
A cornmunication from the City Managex, dated llay l, L964, advised
that the city Planner has received a request from realtors and from
the Chanibe r of cornmerce for a regulation on reaL estate signs within
the industrial- areas. It was recommended by the City Manqs that
the City Planner be directed to prepare amendments to reasonably
control the problem for review by the Planning Conmission to thereafter
submit a recommendation to Council .
Council concurred and the City Planner was so authorized.
4. ACOUISITION OF PROPERTY DEFERRED
A communication from the City l4anager, dated uay L, L964,
that a smalJ. strip of City property is being soJ-icited by
Presbyterian Church, E1 Camino Real and Easton Drive, for
to its church properties.
Action on the request was held in abeyance untiL the regular meeting
of Council, lIay 18, 1964.
A communication from the City Manager, dated Uay l, L964, referred to
requests received from Mr. H- Neil Crawford of Eichler Homes, Inc.,
and from John L. Griffin, of Alpha Land Company, that the city's
Building code be nodified to provide for a thirty-six inch high
window sil-l in sleeping rooms instead of the thirty inch height now
required.
5. BUILDING CODE MODIFICATION APPROVED
r 72
I{ayor I{artin recalled that at the tjme amendments
Code were under consideration, it was recomrnended
six inch height be included therein.
to the Building
that the th irty-
6. REOUEST ABANDONMENT EASEII,IENT EAST II,IITLSDALE
A communication from the City Manager dated lIay l, 1964, advised
that the Robert Ryan Company has requested the abandonment of
certain easements affecting a portion of BLock No. 6, East lr{il1sdale
Industrial- Park No. 2.
There being no obj ection
requested to prepare the
from Council, the City Attorney $/as
legislation necessary to create the change.
to the City Engineer for investigation and
next regular meeting.
in a memo from the
rental being
side of Donnelly
respect to the
fhe subject was referred
report to Council at the
7a. DONNELLY AVETIUE PARKING I,oT RENTAL
Council concurred with a recomnendation submitted
City lqanager, dated I'lay I , l-964 , that the monthly
received from the City's parking 1ot on the north
Avenue be continued untiL a decision is made with
future use of the 1ot.
7b. ELECTRICAL CODE FOR CITY
In a memo from the City Manager, dated May l, 1964, Council was
advised that the current electrical- code ordinance is inadequate
and it was the reconunendation of his Office and that of the Building
Inspector that legislation be prepared adopting an electrical code
similar to that approved by City Building Inspectors throughout
San Mateo County.
Council concurred and the City Attorney vras so directed.
7c. S IDEWALK REPAIR .IOB ACCEPTED
A memo to Council from the City l4anager, dated I{ay I, 1964, advised
that the Lowrie Paving Conpany has completed the sidewalk repair
work contract in ful-l compliance with plans and specification and
it was recommended that the project be accepted as complete.
RESOL,UTION NO. 63-64 "Acce pting Sidewal-k Repair work Contract, (Job
No. 63-25) " was introduced for passage on motion of Councilman
crosby, seconded by Councilman George and unani:nously adopted upon
Roll call .
7d. NEW PARK MILLS ESTATE
A memo from the City t{anager, dated l4ay 1, 1964, advised that the
grading is not complete on the park site in the Mil1s Estatet
underground utilities are being installed in streets adjoining the
site and there is no paving on the street. It is anticipated that
the grading shall be completed within several weeks at which time
the Park Department proposes to develop the park area.
Ivlayor Martin questioned (1) the
ment work to be completed prior
park area ancl (2) whether plans
relationship of requiring the pave-
to commencing improvements to the
for the park area have been prepared.
In repfy to the city Itlanager's answer that proper top soil is- to be
placed before the park area may be improved, llayor l{artin suggested
that the City Manager confer with !1r. shapro, Eichler llomes, Inc.,
representative, in an effort to exPedite the project.
1.3
Tl1e city Manager advised that the Park Superintendent has prepared
plans for the ne$, Mills Park area.
Further discussion concluded with the City Manager requested to submit
the plan to council at the next regular meeting if his Office is
concerned in any way with the proPosed development of the area.
Council expressed the hope that the park area may be at least partially
completed by summer.
8. SAII MATEO DEVEI.oPIIENT ASSOCIATION
A conununication from the san llateo County Development Association, Inc.,
dated April 29, L964, requested that a Council rePresentative to serve
on the Association's Board of Directors be selected.
ltayor uartin signified his intention to represent the City of Burlingame
as requested. Council concurred.
9. CRYSTAL SPRINGS AREA PROTEC?ION SOLICITED
A communication from the Burlingview Garden C1ub, signed by Mrs. wil-burn
A. Talbot, Secretary, urged the support of Council in opposing possible
legislation creating Crystal springs as a recreational area.
The letter was acknowledged and placed on fiLe for future reference.
10. " ARII{ED FORCES DAY I/t.eY 16 1964"
The Chair aeknowledged receipt of a comnunication from the San Francisco
Naval Shipyard, dated April 29, 1964, extending an invitation to Council
and the citizens of BurJ-ingame to visit the San Francisco Naval Shipyard
on Armed Forces Day, Itlay L6, L964.
11 . "YOI,IIII IN GOVERNMENT DAY"
Iilayor ltartin acknowledqed receipt of a conununication from student Body
President Cap Weinberger, Burlingame High School , dated April 2A, 1964,
reguesting that student leaders be given an opportunity to participate
in a "Youth in covernment Day" program.
The City Manager advised that Wednesday, May 27,
vrith further details to be announced in the near
1964, had been selected
future -
12. "AID TO ATASKA'' P ROGRAM
A communication from the Office of the City Manager. Fairbanks, Alaska,
sent to Mayor Jad< D. Maltester, City of San Leandro, under date of
April 4, J-964, and reproduced for the information of city officials
throughout the State of California, was acknovrledged.
The communication solicited assistance to the earthquake
in Alaska by contributing to an "Alaska Earthquake Fund.
damaged cities
Council concurred with a
in the 1ocal newspapers .
suggestion that the appeal be given publicity
A conununication was acknowledged from llarvin Church, President, Peninsula
Division, League of California Cities, dated April 2A, L964, announcing
the selection of Councilman Charlotte Johnson as a member of a conmittee
to assist in developing suggestions for consideration and possible
use in the forthcoming Annual League of Irlunicipalities Conference, to be
submitted in writing to Mr. Howard cardner, Associate Director.
13. ANNUAL TEAGUE CONFERENCE
t4
Mayor lt{artin recommended that members of
suggestions they may desire incorporated
to CounciLman,Johnson.
the Council submit
into the Annual Conference
14. PENINSULA SYIVIPHONY oRCHESTRA
A communication from Mr. Thomas M. ilenkins, I4ayor, city of san carLos,dated April 24, 1964, reguesting the cooperation of the City ofBurlingame in declaring the week of May l-O to I'lay 16 as peninsula
Symphony Week, to honor the local symphony orchestra, \r,as acknowledged.
Mayor Martin proclaimed the Week of ltay 10-16, 1964, as "PEIIINSI LA
SYUPHOI{Y WEH(. ''
15. PARKING COMPLAINT RE: OCCIDENIAT AVENI,E
A complaint received from I'1r. Spencer Tilden, 20O Occidental Avenue,in a letter dated April 23, L964, and submitted th rough the Officeof the City Manager. concerning "alI-day" parking problems on
Occidental Avenue, was aclcnowledged.
The City Manager was reguested to notify !Ir. Tilden that the situation
shall be alleviated r,shen the Burlingame Off-Street parking District
lots are completed.
16 . I.TILSEY I{AM & BLAIR EXPE}IDITURES
Council acknowledged a memo from the City l{anager, dated Ittay 1, 1964,
submitting bi11s presented by the engineering firm of Wilsey, Eam
and Blair, for services in connection with the Burlingame Avenue Area
Off-Street Parkinq District.
lftre City Manager advised that his Office*rall request the firm to
maintaj.n the type work it is performing to a minimum.
Mayor Martin observed that if the service is being performed on
hourly basis, the invoice does not include a breakdown of hours
suggested that the City Manager maintain a "closer control" by
notifying the firm to proceed with its services upon receipt of
authorized direction only.
an
and
PARKING DISTRICT EXPENDITURE PARCEIJ 1B
fhe Chair referred to a colununication from Wilson, Itarzfeld, ilones &
Morton, lega1 counsellors representing the Parking District, and
bearing the signature of ilohn E- Lynch, negotiator, advising that
through an inadvertence, council was not informed of an outstanding
leasehold interest of the tenant, Virgil E. Orcutt, iIr., on a
portion of parcel 18 (zillmer property purchased by City in sum of
$60,000) and that a guit claim deed has been deposited with instructions
that the City may record the deed upon payment to !1r. Orcutt of the
sum of $1,600.00.
The
the
City Manager
tenant prior
informed
to final
council that Mr. Lynch did negotiate with
disposition and acquisition of the property.
Following a brief discussion on the subject of the addition $f,6O0.00expenditure, councilman crosby introduced for passage,RESOLI'TION
NO. 64-64 "A Resol-ution Accepting Quit C1aim Deed and Authorizing
Payment Iherefor" (Virgil E. orcutt, Jr., $1,600.) seconded by
Councilman ceorge and unanirnously adopted upon Roll Ca11 .
I
15
Councilman Martin expressed the concern of council on certain
engineering and negotiation phases in connection with the Parking
District and suggested, when Council may be better represented,
that the City llanager schedule a study meeting with the engineering
representative to the District and the City l{anager in attendance.
ACKNOI{LEDG}4ENTS
The Chair acknowledged receipt of minutes from ttre Public Library
Board, the Recreation Cormnission and the Planning Conunission -
LIBRARY MINI]IIE REFERENCE
llhe Chair's reference to an item in the Library minutes concerning
the emplolzment of an auxiliary police officer four evenings a week,
initiated a brief discussion.
Itre Librarian, in attendance, advised that several unpleasant
incidents occurring in the Childrens' Room of the Main Library
resulted in action being taken to rearrange schedules and to place
someone on duty four evenings a week.
llayor Martin assured the Librarian that Council shaII support any
action he deems necessary to take.
NEl,i BUSINESS
1. " BURLINGAII,IE CIIY II!,4IT" SIGN ON SKYLINE
llayor llartin caI1ed attention to the rvide margin of highvray between
the "IriilLbrae city Limit" s ig:n and the "Burlingame city Limit" sign
on Skyline Boulevard.
The City Engineer advised that his Office is currently seeking
information with respect to title rights in areas along the Skyline
Boulevard, anticipating that the City may in time initiate annexation
proceedings to establish the boundaries of the City of Burlingame.
2. PARKING BOND SALE
Council authorized the city Manager to proceed wj-th the advertisement
of "Off-Street Parking District Bond" sale for the balance of the
District Funds .
PISTOL RANGE DISPOSITION
Councilman Crosby referred to a paragfraph in the minutes of the
Recreation Conunission meeting, April 21, 1964, recommending that
Council "rnake a decision as to whether the rifle range nol., on the
proposed "golf course" should be demol-ished inasmuch as it was
condemned several years ago... "
In the brief discussion following, the City Manager advised
rifle range does not "fit in with the land use" of the area
reconsnended that it be removed.
that the
and
Ihe City Planner advised that no further funds will be forthcoming
from the Lion's Club to assist in the financing of the range, due
to its condition, and recorunended also that it be abandoned.
Council- concurred w ith the recommendations that the structure be
removed.
16
ORDINANCES Consideration thereof :
fhe City Attorney advised that action on the adoption of ORDINANCE
NO. 8O5 pertaining to intersection stops at California Drive and
Bayswater Aveltue, proposed as an emergensy measure, does require,
by Iaw, a four-fifths vote of Council and therefore cannot be
executed on this date.
Concurring with a recommendation from the four-fifths vote of Council
and therefore cannot be executed on this date.
Concurring with a recornmendation from the City Attorney that the
Ordinance be arnended on its face by deleting Section 4, the emergenqy
clause, councilman crosby moved that Section 4 be deleted from
ordinance No. 805, seconded by councilman George and unanimously
carried .
ORDINAIiICE NO. 805 was scheduled
a regular manner at the meeting
fhe
"R.
for second reading and adoption in
of council , It{ay 18 , 1964 .
ANNOI]NCEMENTS
Iriayor Irlart in announced that his statements with respect to suggestions
for the forthcoming year would be withheld until more members of the
Council are in attendance.
The Chair acknowledged the presence of students attending the
College of San &lateo.
City Clerk was requested by the chair to acknowledgre the initials
D. " lrtartin instead of "R. David" I{artin.
AD'JOURNMENT
llhere being no further business, the meeting was regularly adjourned
at 10:55 p.m.
Respectfully submitted,
HERBERT K. WIiITE, CITY CLERX
APPROVED:
R. D. MARTIN, MAYOR