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HomeMy WebLinkAboutMin - CC - 1964.05.04_1 ? 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