HomeMy WebLinkAboutMin - CC - 1963.07.30Burlingame, California
July 30, 1963
CAJ.L TO ORDER
An adjourned meeting of the City Council, from its regular meeting,
.Tu1y 15, 1963, was held on the above given date. Meeting called to
order at 7:50 p.m., - llayor Johnson in the Chair.
PLEDGE O[' ATLEGIANCE
Council concurring vrith the
action was taken thereafter
293
all in the council Chamber arose and gave the
the FIag.
Cro sby-ceorge-ilohn son-Lorenz-!lart in .
None
recommendation of
as follows:
Budget City of Burlingame, For Fiscal
introduced by Councilman lrlartin, who
Councilman Cro sby and unanimously
At word from the Chair,
Pledge of Allegiance to
Present -
Ab sent
Councilmen:
Councilmen:
COI'NCIL BUDGET PRESEN?ATION
llayor Jobnson referred this portion of the meeting to Councllman l{artin,
Chairman, Council Budget corunittee, who recommended that the 1963-1964
budget in the total amount of $2,345,976.00 and a tax rate of
$1.34 per $lOO assessed valuation for the new fiscal period, be adopted
on this occasion. Councifunan Uartin advised that a two and one-ha1f
percent increase for all personnel within the classified positions
of the City has been included within the 1963-1964 budget.
the Budget Chairman.
RESOLUTION NO. 54-63 "Fixin g and Establishing Clas sifications, Salaries
and Rates of Pay of Employees in the Classified Service in the City of
Burlingame" was introduced for adoption on motion of Councilman ltartin,
seconded by Councilman Crosby and unanimously carried upon RolI CaIl vote.
RESOLUTION NO. 55-63 ''Repealing Resolution No. 53-62 and Adopting a
New Resolution Requiring the City Treasurer to Perform the Duties of
of Payroll C1erk, Prescribing his Duties as Such Payroll Clerk and
Fixing the Cornpenaation for Such Duties" was introduced for passage
upon motion of Councilman llartin, seconded by Councilman Crosby and
unanimously adopted upon Roll Call vote.
RESOLUTTON NO. 56-63 "Increasing Compensation of City Uanager" was
introduced
Councilman
for passage upon motion of Councilman lrlartin, seconded by
Crosby and unanimously adopted upon RoIl Call vote.
RESOLUTION NO. 57-63 "Adopting
Y ear Ending June 30, 1964" was
moved its passage, seconded \lcarried upon Roll call vote.
RESOIUPION NO. 58-63 "Fixi ng Tax Rate for the City of Burlingame for
ORD INANCE NO. 787 "An Ordinance Amending Section 472.4 of the Ordinance
Code of the City of Burlingame Fixing the Compensation of the City
Clerk for his services as City Auditor and Assistant Secretary of the
Planning Conunission" vras introduced by Councilman Martin for first
reading .
ROL1 CATL
the Fiscal Year Ending June 30, 1964" ($1.34) was introduced for
passage on motion of Councilman l{artin, seconded by Councilman Crosby
and unanimously adopted upon RolI Call vote-
294
BUS SERVICE PETITI3N
Mr. Charl-es Jessup filed uith the City C1erk, petitions bearing the
signatures of 769 residents of the City of Burlingame, soliciti.ng
the efforts of the City to resu&e the bus service.
Mr. Jessup advised that slnilar peti.ti-cns are belng f1led with the
City Council of the Clty of San Mateo wlth requests that sald petitLcns
be refered to the Bus Study Cofimittee, neeting fhurs<iay, August l,
1963, in that ciry.
Ccuncilman Llrenz spoke on the lmpcrtance of continuing a bus servicefcr the convenj.ence of Eurlingame resldents and thereafter Boveal thaf,
the petitl:ns be accepted with Ehank s and that the Clty Clerk forward
the peti,ticns to l'1r. Jcseph G. Hunter-. the Cityrs represencative on
the Bus Study Ccmlrlttee. Ihe mction was seconded by Crurcllman Crosby
and unanimcusly carried.
EURLINGA},IE ShORE LAND CO. RECLASSIFICATION,/VANIANCES
PUBLIC HEARINC CCNTINUAI.ICE
Maycr Johnson annoilnced thac this was tire time and pl-ace scheduLedto continue a public hearing on the applicaticn of the Burli-ngpms
Shore Land Crnpany fcr a reclas slficatlcn cf its property on the
Eayshore Access Road frcn a [1-1 Dlstricc (Ccmmercial) tc an R-+District (AparLment) and for a series of varj-ances uo permit the
constructirn of high-rise apartment buiLdings.
A communicati rn was read fr
the applicant, daced Vay 2,
Ci ty Planning Cooeissirn cn
Land Ccmpany.
yrus J. McMi11an, Attorney, representing
I, appeallng the action taken by theapplication cf the Burlinganrs 55er'.
omC
t96
the
Ccmmunicatilns lrere read from the City Flanner, cne date<i February 28,
1963, aovising of the acti:n t,aken by the Planning Coonisslcn followlngthe conclusicn cf a seri.es of hearings, (acconpani,ed by copy of
minutes of C:nmission daEed tr'ebruary 25. 1963) and another addressedtc the Planni.ng C:mmissicn, dated April 8, 1963, ren<iering a resuneof the variances requested and an outline cf interreLated subjects
"affecting or affected by the resul-tant pr:duct0 thaE nust be
investigated.
A eommunicaticn was also read from the Director cf Public Works,
addressed to crre Pianning Conmission, under date cf April 19, 1963,,
enumerating proolems withln the proposed c)nstructirn area that shalLaffect Public Works.
Itre City Attcrney briefly explained the circumstances thar disqual-if1ed
tr.ro menbers of the Ccuncif from casting thelr votes vlth respect to
the recl-assi fl cation and the variances; his conferences r.ri th the
attorneys representing the applicani to consider the 1ega1 status ofthe issue and lhe decisicn reached thereafter to initiate a possible
prccedure v/hereby rieliberaticns woul-d cease, the natter continue<i and
evidence again taken for anci agaj.nst rhe applicant, to qualify all
r:enbers of Council tc voce on the final- issue.
the City Attorney, replying to Coulcil, lnquiry. advised that the
applicatiJns for a reclas sifi ca tlon and the variances nay be heard
concurently and there bein6 no objection, the Chair so ruled anci
thereafter invite<i proponents to speak.
Mr. Cyrus J. McMil-l,an, ALtorney, representlng the applicant, advisedthat 1n view of the evidence presented to Council previously, thepubl.lclty given to the subject and trle comments read from both the
Ci-ty Planner and the Directcr cf Public Works, his presentation r,rcufdprcleed on a general- basis.
The project proposes ten twe1ve-story buildings on 1"3.2 acres and
exceeding the height limitation; five-foct setbacks are propcsed for
the Bayshore Access R:ad instead of the required fifteen-foot secbacksl
the entire pro j ec t include s a l- and coverage of f'd7i , including -o'ai].iiing s
and parki-ng structures, the remaining reserved for open spaces andstreet areas; the parking plan has been nodified to prcvide f>r the
295
full requirement of spaces under ordinance regulaticns (1r47O provided;
:rdinarrCe requires Lr\61 ;) however, the pfan includes 797 covered spaces
r*ith the crdinance requiring t80; che develcper w11f lnstalf the utillties
and the conmrn areas when ccnstrructicn cJrxnencesl the develcper wil-l
inprcve and dedicate lndustrial Way, r,;iden the Access Road ten feet and
lmmediately sign a petiticn for tne imprcvenent of Carolan Avenue as a
speciaL assessment project; and there is no intentisn tc commercially
develcp the prcperty northerly to Industrial Way.
l.{r . }4cMi1lan referred to a draf t of an agreenent prepare<i by the attorneys,,
imptsing a general conditi:n upon the grantlng of the vari-ances, stiputatingthat a building permit lrill not be issued i.f a cieviation in the plan occurs
an<i a document recorded to that effect.
In conclusiln, I,lr. Mcl4i1lan referred Er thc number of exhibits on displ-aypertaining !J the develcpnent and requesteci that atl conaunicaticns
.re cSlveo pricr occasi:n be included in the current proceedlngs.
Letters
cn
fr:m prop:nents vere read and entered intc the reeord as t'oll-cws:
Mr. Ben Hansen, 1f29 Cal-ifornia Drive, dated Apr1l 29, f963, Mcrris K.
Da1ey, l1+, Califrrnia Drive? dated April 30, f963, E. G. Sul1ivan.
General Manager, Hyatt House Hotels, 1333 Bayshore Highlray, dated 4pri1 1,
1963, Bdvard P. Bocca. Presldent. Broadway Developnent Asscciatlfn, date<i
February 9,, 1963, J. Ii. Roush, Jr., l-06C Broaduay. date<i January 2Jr 796jt
Robert J. MacDonaLd, Presldent, Burlingame Chamber cf Conmerce, dated
.lanuary 7, 1963, Mr. Rcbert w. Gates, 1l+26 Burlingame Avenue, dated Mat 5,f963, Ben L. liechinger, lO2J Cabrllfo Avenue, receive<i Y,al 5, l-963 tE. E. Cathcart, 1Ol0 Ercadway, dated May 3, 1963, Lecnard and Alfred
Mcskrvitz, Burlingame Investnent Conpany, dated May 6, L963, and Ed. I.
and Dcrothy Crack. dated Apr11 1, 1963.
.lhere being no further proponents, the Chair inviteci ccmments from
cpponents.
Mr. J)hn Meacharn, Assistant General Manager, Operaticns and Mai-ntenance,
Sar Francisco International Airport, advised that the airpcrt authorltlesrecentl-y have embarked upcn a project tc determine I'air spacerr on the
Peninsulal that any high-rise development adjacent to an airp'rrt is
imprcper and that industrial property is considered a I'bette.r neighbor"to an airpcrt.
Mr. Meachau brought up several points insJfar as the airp:rt is
( f ) ',mder Federaf aviation regulaticns, the bui-1der, because ofprcxlmity of the proposed high-rise structures to the alrp:rL,to fi-le a notice with che Federal AvlatriJn Authority; (2) under
!-ederal, reguJ-ati-on - I'Determining Fl-ighr Paths" the structuresvi,;lates the flight path of Rurlray i{c. 19 by a height <iistance(3) the builder should be required tc fil-e uith the City Crerkof flight waivertr and (4) a "noise vraiver.rt
concerneci:
the
i s require<i
special
as pro pc se<iof ten feetla I'right
Mr. Russ Engle, 11f7 Sanchez Avenue, referred to his previcas c)rres-pcndence and comments with respect to the nroject anci speaking on hisrecent survey on the murber cf passenger and frelght tralns passing thearea daily, st,ated that there was a potential danger tc children on theirway to and from scho:1, during their pJ-ay pericd after schotf ano ro ihe2,lOO residents estimated Er be housed in the project.
Mr. A. G. Westcott, Presldent, Burllogame Suburban Frotective Asscciaticn,:pprsed the devel,rpment based on the (1) aggravated traffic problems that
w111 result ald the hazard to children crossing to and fr:n schotlI(2) the j.ncrease in taxpayer costs to provide addiricnal fire equifroent
anci personnel , p:1ice prctection, sewer and water facifities and (3)the necessary enlargement of school facifities.
I.,ir. Westcott, in enumerating the requirenents mandatcry to the grantingcf variances, pointed to the failure cf the appli.cant tc meet any onecf the four requj,rements: that the granting cf a high-rise constructicnas prcp;sed wilf establish a precedent and perhaps lead to requests fcrstructures cf even greater heights; the suburban atmJsphere of Burlingameshoul-d be preserved and the recommendati:ns of the planning C;mmissionwith respect to the variances in thi.s instance, sho.d_l- d be upheld.
296;
Ihe following ccnmunications i,n proEest to the devel:pment were readintc the reccrd as fcll-ows:
Mr. Russ Engle, f117 Sanchez Avenue, dated January 2f ar,o April 22', 1263,
the Burlingane Suburban Prctective AssoclaLiJn, dated December 16, 19b2,
Mr. James E. Carroll , 8l+8 Walnut Avenue, dated July 26, L963, peritirns
dated JuJ,y 26 and, July 21 , f!61 , bearing the signatures of 21 and 38resident taxpayers and/cr property ov/ners in Burllngame respectlvely.
RECESS
A recess was declared by the Chalr at 9:30 p.m.
CALL TO ORDER
Ihe meeting was cal]ed to f,rder at 9:40 p.m.
BURLINGAME SHOBE LAND CCMPANY I{EARING CONTINUED
A peri.cd cf rebuttal was anrlo i.rnc ed by the Chair.
Mr. McMll1an, replying tc points raised by tLre cppcsitif,n: a<ivlsedthat his client r^ras aware that a notlce of the proposed high-rise
structures must be fil-ed wlth the Federal Aviaticn AuEhority, however,
such nctlce was withheld pending an indicati.cn that the project hril-l
be approved; and with respect to tire ten-foot excess in heightregulati:n, the issue can be resol-ved satisfactorily.
Ccntinuing, Mr. Ilct'i i 1l- an referred to ccmments concerning the railroad
hazar<is and observed that the High Scho:l Trustees apparently verenot ccncerned when Burlingame liigh Schocl was lccaNed east cf therailrcad tracks.
Replying to the Burlinganr3 Suburban Protective AssrciatiJn. particularlyvith reference to che statenent concerning "high-rise structures"
Mr. Mcl4il--lan stated that a high-rise rrse.Lf -contained prcjectrr 1s mcredesirable; the cieveloper proposes -uo place the proper water and
drainage facilitles, cn and lff the project site, including tlie
covering cf Sanchez Creek ac his own expense; that 1n a c ommuni cati,on
dated Decerober l-2, 1962) f]"ofi the Bcard of Trustees, it was indlcatedthat the el-enentary schocls can accomodate the chil<iren; statlstical
surveys pcint rut that industriaf usage of the property wouLd create
more traffic durlng peak hours and wi. th the develcproent of the Keystonprcperries, currently in progress, the City shal-l have approxlmately
twc hundred acres additiJnal and available for industrial usage.
Ccncludlng, Mr. McMillan conmented on tlie changes in zoning that
circumstances warrant cn occasicn, and further cn the treinendous
increase in ttre sales tax and prcperty tax revenue that will- be
received by the City fron the proposed develcpment.
F:Ilcwing a brief discussicn wherein cppcnents stated their posi Li:n,
Mr. lscar Ferscn, the applicant, nade compariscns of apartments in
the Ci.ty of Burlingame constructed wlthln six feet of the propertyIlne and his pr:pcsed developnent of attractive buildings prcvldlng
open spaces, recreation and well-planned landscaped areas.
-lhe City Attcrney reccnnen<ied that the Exhibits on display be filedwith the City and apprcpriateJ.y marked.
Ur. Edlrard De Wolff, Archltect fcr the prcp:sed project explainedthe iflustraLi.cns and each was received as fol-1cws:
1. Building llc. 10 - lth flcor vieu, locking south. Graphic repre-sentaticn how site will be utilized;
2. Main Entrance study - vieu frDn main entrance, proposed entrance
on Industrial Way;
3. Park area study, looking south, from ground fevel . Relatlcn cf
open areas to buildlngs;
4. Four studies: (a) fower level- parking entrance; (!) buitding
u.ri".rr"" studyl (c) upper level parklng entrance froin streetl
and (d) pool shelter and chlldrenrs canyon:
5. trree studies of el-evationt Direct line projecticnsr frontage
road, Caro]an Avenue r east-west area;
6. Series of section details on parking structure elevaticn, frcntage
rcad, indicating propcsed widening of Carolan Avenue lccklng northt
front,age road, locking ncrth, Carofan Avenue p1an, indicating
street as proposed by Ciry of Burlingame;
?. Water Systen Site: Existing and proposed water 1i-nesl
B. Storm Drainage System, includlng new box culvert' Sanchez Creek;
9. Sanl tary Sewer System, includi-ng roads connecting tc the pumping
plant (on slte and off site expendi ture s to be borne by develcper);
10. Parklng p1an, includlng flve schenes for parking tventy-six
addltional cars (traffic eirculaticn plan indicaLing ground and
main level, parking);
297
families per acre,
21 , scho rJ- children,
l-OA. Site Flan: Prellminary srudy;
11. Modef of 980 unlt apartment complex (node1 tc scale in three
dioensi,cns ) ;
12. Aeriaf phocograph: Superimposed outline cf area ci prcpcsed prc;eetl
f3. Iraffi-c study, evening peak traffic to apartnent project.
in the audience, Mayor JohnsonThere being no further conments from those
invlted Cruncil ccmments.
C:uncilnan Martin, interrcgating litr. McMillan and Mr. De Wolff,
advised:
(a) 150 feet i.s the maxinum height cf the proposed struc ture s ;
(rather Lhan 38/") including(b) The 1ct coverage is +L.Zfi cf the area
structures anci parking s truc lure s I
(c) Ihe breakdcwn of the pro;ect area i.ncludes:
Apartment building s
Parking structure s
Fark area
15.z).
26.
)lA11 other (road and surface parklng)
(d) Estimated number cf people i-n tctal, Z,,OJB:,
2.1fr, per apartment; estimated 28tr under age
130;
7\)f
(e)
(f)381
416
ccvered parking structures; l8e, uncovered or cn top deck,in garages in buildings and under buildings, 261 on grcund outside.
In repl-y to Council-man Martin, Lhe City Plalner advised that Lhe present
density or Bur 1ingame ls 9.1-ii: per acfe; the hignest densiLy area inthe City is 1OU persons per acre, with Daly City rep)rted to have the
hi-ghest rate of density area in San Matec Crunry.
1rl+70 parking spaces providedl ordinance requires 7r)67;
(e) Parting for service trucks: Cne near elevator 1n each building,ten in total , not included in the aforenentirned total parxlng spacesof L,467.
(h) A total of twenty-s1x visltor parking spaces has been provlded on the
ground area, near bulldings and near the entrance to the project;off-slte parking .n Carol-an Avenue will have to accommcdate additronalvisltor parking;
(i) the recreaticnal area proposed ls mcre than adequate.
298
Ccuncilman Martin raised the fol]oving questions: (1) whether the
applicant shal1 ccmply with requirennentS or' the Park Department witnrespect to setback variancesl (2) wheth.r th= project w111 increasefire costs, (Fire Chief has inoicated prevlcusiy that additicnal
equipnent anti personnel shall- be required due ti.l the increase 1n
apartnent house constructlrn) and (3) uhe the r any cunsideratirn has
been glven tc the policlng cf the area in vlew cf i.ts proximlty tothe Bayshore Highway.
Mr. McMil-lan advised Lhat conditions set f;rth by the Fark Departmentshal-l be ccnforned wi[h; it is not anticipated that the project sha1J.
increase .eire and pollce crsts and while no speclfic prograro has been
planned as yet with respect to pclicing the area, every effcrt shall
be nade by the developer to protect hls investnent.
The City Engineer, in repl-y co inqui.rles of Cc,"rncilman lliartin, advisedthat I,1r. Jenks, the Sanitary Crnsulring Erlgineer, has included Lheestinated sewage flcw frcm the proposed project withln his sewer surveyof the City (apprcximately 8f, pcpulaticn increase; ) an ul-timate new
intermediate Sewer Plant shall approximate $650r00O.O0; the cost tc
improve Carol-an Avenue from Broadway to Larkspur Drlve approximates
$160,00O.00 and from Larkspur Drive to oak Grove Avenue, approximately
$80r0O0.O0 and concumed that the develcper, contributing on an
assessroent <listrict basis, shal-l- assume '.rnIy three-tenths of the
total- cost cf the improrement.
Ccurtcilman Martin spoke on the constructicn of a pedestrian walkwayfron the proposed project. cver the railroad tracks to Cal-ifornia
Drive and fcllcwing some discussirn, the cost was estimated at
approxinatel-y $30, 000.O0
Ccuncilman l.{artin reccnmended that C,luncil- ccnsider the relocaticn rf
the Brcadway-Burlingame Sou thern Pacific Depot to alleviate traffic
congesticn withln the BroadwaJr area shoulti the project become a real-ity.
Roughlprcpertc an
nonetathe ap
tv
pL
estinating the value of the 52,8OO square
on both an lndustrial district basis and
artnent rilstrict basis, Council-man Martin
va1ue of approximately $792r000.00 wouldicant by the Ci ty.
feet of the sub; ee t
on a reclassifl cati-:n
sLated that the
be reli.nqulshed to
Estlmacing afso a $241 ,2oo.0C property cax return on the $LSrooorooo.oo
cash value of the project in conpariscn to i-ncreased expendi tures to
be borne by the City as the result of the constructlcn .:f the project:(a) $52,O0O.O0 addi.ticnaf sewer facili.bies; (b) $200r0O0.O0 i-mprovementsto Carcl-an Avenue an<i (c) $3Or0O0.OO fcr an overhead pedestrlan crosS-
walk, Councilnan I'(artin stated that in his opinicn, the project,
n:netary-wise, would be of no benefit t: the City of Burlingame.
!1r. McMiUan, debating the issue, scated that the flgures quoted werenot "real-lstic[ and a majority of the expenditures referred to were
contemplated as future inpr:vements to the Clty.
Councilnan George stated that the project I'appealedl to him and a
conference berween the attorneys and the Council cculd resolve the
lssues ralsed.
Ccuncilman Cecrge briefly reported cn his visitaticn to a similarproject 1n another City and stated thaE in his oplnlcn, the proposed
development wcuJ.d be a credit tc the City of Burlingame.
Cfuncilman Crosby, expressing his ccncurrence wi"th the statements cf
Mr. McMillan. in Lhat Ehe Clty intends to proceed with sewer plant
and Carclan Avenue improvemenLs 1n the future, and, in his opinicn,,
the Cltytrcannot lmpede progress. rl
Cri:ncilman Lcrenz expressed the hope that Cculcil w111 vote favorably
upon the prcject, r.ri th reservati:ns that have been sc stipulated
be submitted to Cruncil in trritten f:rm.
Council-man Martin, fo1l-:wing several inquirles <iirected to Mr. Ferson,
advised that he was opposed tc the project for the follcwlng reasons:(1) Denslty, (2) Traffic, (3) Sp:t Z:ning and that (4) the code
requirements necessary to the granting cf variances cannot be met
sati sfac tcrily.
299
The City Planner advised of the height limi.taticn provided in the code
and the gross height of 15O {eet proposed by the applicant.
Mayor Johnson stated thac her comments wouLd be reserved until an
appropriate time; that she was eoncerned, htwever, uith the excessive
helght cf the struetures, the safety to chlldren and commenting on
her personal vlsit to a project similar, uas concerned with the lackcf parklng spaces to acconmcdate visltors.
Acting upon the advice of the City Attorney, the Chair referred to
the variarices before the Co'dnci1 for consideratiJn:
J. lleight to Pernit Thirteen qtglieg.
No acti.on was taken by the C:uricil.
2. Ien Ap artments on Single Parcel .
Nc ccmnent or action by Council .
l. Nc Separaticn Between Buildings.
l{o comment or acticn by Council.
4. Less lLran Required Ccvered Parking Space s .
Nr conment or action by Council .
5. setbacrs cn Carolan Avenue and Eayshore.
]i, conurent cr acti:n by Ccuncil .
The City 6ttorney advised that in ccnferrlng uith che attorneys frrthe applicant, it was agreed that if the variances were apprcved, aserles of ccnditi:ns woul-o be incl,uded in the Findings and thereafter
reduced tc a rrdevel-cpment contrac t. " 1']:e City Attorney reminoed
Cruncil that the conditicns as yet, have not been reso.lved.
Fcllovrlng a brief di-scusslcn, the hearing with respect tc the dispos-i-r"i:n .rf variances was continued to August 5, 1963, and during thelnterim, the City Attorney together with the 4ttorneys for the project
confer on the specific details, parti,cularly those as recommended bythe Director :f Public Works, for submissltn to the City Councll .
the neeting was reguJ-ar1y ad j ourne<i at 12:0O midnlght.
Respec tfully sut:rii tted,
:. l:.i: I.1 T I,rlHIfE,6rr, .rr.n
(4.*"1,,*b Ql-""",*t
MAYOR