HomeMy WebLinkAboutMin - CC - 1962.09.1283
Bur 1 ingane ,
September
Cal i forn i a
12, L962
CALL TO ORDER
A Special }ieeting of the City Council t+as held on the above given
as scheduled by the adoption of RESOLUTION NO.45-62 with respect
the "Burlingame Avenue Off-Street Parking District." \leeting
called to order at 8:10 p.m. - llayor Lorenz in the Chair.
PLEDGE OF ALLEGIANCE
At word form the Chair,
Pledge of Al legiance to
ROLL CALL
date,
to
in tge Council Chambers arose and gave the
Flag.
all
the
Present
Ab s ent
HI]AR I NG
Counc i lmen :
Counci lmen :
Crosby- Johnson-Lorenz -Marti n-Morgan
None
BURLINGAME AVENUE OFF STREET PARKING DISTRICT
l.lavor Lorenz
a hearing on
District . r'
annoonced that this was the tine and
the proposed "Burlingane Avenue Area
place to conductOff-Street Park ing
COUNCILMAN TIARTIN TO CONDUCT HEARING
Ernest A. Wilson, in addressing the Chair, identified himself as
Attorney, representing the law firn of l{ilson, HaezfeId, Jones &Itlorton, employed by the City of Burlingane as the Attorneys from
Burlingame Avenue Area OFF Street Parking District.
an
the
Vr. ItJi 1s on advised that
record the proceeding.
a Court Reporter was in attendance to
l'lr. Wilson further advised that his firn represents the City ex-clusively and his appearnace on this was to acertain that the por-
ceedings is conducted in a legal manner and a letter to that effect
has been filed with the City Clerk. The project is proceeding underthe tr{unicipal Act of 1913, Division 12 of the Streets and Highways
Code, setting forth the procedure by which public inprovr.ent projects m
may be acquired forth the constructed costs assessed on benefittedproperty olr,ners. The Act further requires the adoption of a Resolutionof Intention describing the project and appointment of a conpetent
person to prepare an Engineering report. The latter report includesplans and specifications for the proposed project, descriptions of the
lands to be acquired and for the nap indicating the location ofdistrict boundaries and a proposed assessment of the total cost.
The procedure also requires confornance with Division LV of the Streets
and Highways Code, "Special Assessment Investigation, Limitation
and l^laj ority Protest Act."
It'lr. lVilson advised that a petition received by the counci 1, bearing the
signature of at least sixty per cent of the property owners withi4 the
proposed District *ar pr"patld and circulatetl fbttowing an extension
Councilman luartin, Chairman, Council Parking Comrittee and liaison
nenber to the Off-Street Parking District Comnittee, was invited by
the Chair to conduct the public hearing.
Councilman l\tartin, in assumi.ng the temporary Chairnanship, set forth
a poocedure to be applied in the conduct of said hearing: (1) Comments
frorn the Attorney for the District, Ernest A. l'lilson; (2) Conments
from the Engineers for the District, represented by 1t{r. Jack Van Zandt;(3) Oral argunents on both the pros and cons of the issue; (4) the
reading of written protests received and (5) all comments form the
audience to be addressed to and through the Chair, the speaker first
giving his or her narne and address.
ERNEST A. }IILSON, ATTORNEY
84
study of an Off-Street Parking Conr.littee, at which meetings, he, toghthertsith representive of the engineering firm of WiIsey, llan and Blair, were
present on many occasion in behalf of the City.
l*lr. ttlilson advised that the 1913 Act requires that upon completion of
the Engineerrs report and its filing with the City Council, the schedulingof a public hearing; notice of said hearing is published, posted through-out the area to be assessed and mailed to those to be assessed. This
evening is the occasion of the publicized public hearing. The Proceeding
has progressed in direct response to the petition with one exception.
Subsequent to the adoption of the resolution and as a result of further
study by the Parking District Comnittee and the Engineers, it was con-
cluded that certain substitutes should be made; his 0ffice deterninedtherafter, that it was proper and in the interest of economy to conduct
a public hearing on the changes and modifications proposed within theDistrict; the public hearing rvas held on the Engineers nrade theirreport in response to the changes. I\tr. lgilson explained that the ParkingDistrict itself is in a state of "flux" until Council has madeits det erm inat i on .
ltlr. Ittilson advised that the I9I3 Act reouires that upon conpletionof the Engineerrs report and its filing with the City 66rr.il, the
scheduling of a public hearing! notice of siad hearing is to bepublicized, posted throughout the area to be assessedin somedetail, the right of the property owner within the District to (1)
question, either orally or on writing, the assessments proposed thr
manner in uhich the improvements are to be spread; (2) to requesta credit on property upon which off street parking currently isprovided (credits would result in a reduction of the see assessedvaluation) said requests to be received by August 31, 1962 for re=ferral to the Eng ineers
I'lr. lVilson further advised that the petition establised tha theCity rvould contribute forty per cent of the cost of the project
not to exceed the sun of $640r000.00, with certain credits forproperty already acquired.
In concluding his staternents, ,t!r. Wilson explained the financial
procedure in establisheing the District, advising that uppaid assess-
ments will be represented by bonds under Division l0 of the l9l5Act; the bonds will be sold by at least three sales duing the lifeof the project (approxinately three years) and will be paid over a
period of twenty years and considered a type of bond that commandsa good interest rate.
Councilnen Crosby and Councilman Martin, speaking as Presient of the
Burlingane Chamger of Conmerce and Council Chairman and Iiasionto the Off Street Parking District Cornmittee, respectively issued
statements with respect to kno$Iedge acquired through their attend=
ance at the Parking District Connittee meetings, advising that anyparticular fact known to them and not presented at the public hear-
ing will be brought to attention prior to the conclusion of the
hearing.
I'layor Lorenzrs question concerning his position both as property.
owner within the proposed District and as a City Councilman, was
answered by lt'lr. Wilson, who advised that his action in voting,
on the order to formulate the District and sbstaining for voting
on the Cityts contribution to the Disttict was proper and legal.
JACK VAN ZANDTT ENGINEER
identified hirnself
Ham, and BIair, appointed
l.lr. Jack Van Zandt, in addressing the Council,
as a nember of the Engineering firm of ltiiIsy,
by the City as Engineers for the project.
A map, identified as Engineers I Exhibit "C"
"Burlingane Avenue Area Off-Street Parking
and entered as the City"s EXHIBIT NO. 2 for
Clerk.
Assessment D iagram
D is tri ct't was displayedfiling $,ith the city
I'tr. Van Zandtcolor orange
mobiles (some
properties to
explained the assessment district boundaries; the
designating parking lots to be acquired for 1'050 auto-
of ivith hive been- acouired) blue representing church
be excluded form the district.
85
lrr. Van Zandt descrived at considerable length' the Propertiesto be included within the District, those that the have been ex-
cluded within reasons therfor. Overand above the lots there are ac-
cess areas to be acquired (I) a sixteen foot strip on Lot C
(primrose Road) and (2) a twnety foot parcel at the rear of an
apartnent house on Chapin Avenue and (3) a pedertrian was between
Burlingame Avenue and Howard Avenue area properties.
Mr. Uan Zandt, advised that the engineers in conpiling their report
took into consideration: (l) the land necessary to provide an add
parking facitliy (2) the obslesence of structures; (3) land values(4) distribution; and (5) Access areas (over and above the lots).
I\'lr. Van Zandt stated that on the norming of Septenber 5, 1962he, together with llr. ltli lson and l.'lr. ones, Attorneys f or theDistrict, made a survey of the total boundaries to see the latestphysical condition of the property. EXHIBIT N0.3 "Burlingame Avenue
Area Parking District - Physicla fasts reqarding periphery boundary
obtained by obersvaton on September 5,1962." was filed with theCity Clerk.
l.'lr. Van Zandt further advised that on the afternoon of Septneber
5, 1962 the above referred to group surveyed all the parcels to be
acquired to note "what exists on the lots." EXHIBIT N0. 4 "BurI-
ingame Avenue Area Parking District - Physical Facts regarding par-
cels to be acquired - obtained by observation on Septenber 5, 1962"
r,ras f i led with the City Clerk.
The following EXHIBITS pertaining to parking credits to be
allowed on parcels within the District reconmended by the Iingineers
were fi led f r reference with the City Clerk.
EXHIBIT NO.I{i I l iam H Sullivan property
EXHIBIT NO.Clare l*'l . Kemp property
o
5
6
7
40.32 As s es smen t
7 .92 ',,
41
157
EXHIBIT NO.Standard Oil Co. of CaliforniaCalifornia - El Camino 6Burlingame Avenue 20 .42
Standard 0il of California
Cal i forniaAvenue
Jeanette L. Dessin property
Borden Company propertv
Emil lvetz property
Raimund and Pauline llurlitzer
George S . Reed property
and Evelyn John
80. ,6
Russell
property 4r.72
Because of acquisition of stripof land 20r on width contiquousto southerly line of Burlingame
$venue Off-Street Parking Districtfor ingress and egress - a credit
al lowance of I I .3*
106
n 235 ,236
" 94
n ?40
" 207
t,?4r43r44,
46r47 r93,
u12
EXHIBIT NO. 8
EXHIBIT
EXHIBIT
EXIIIBIT
EXIJIBIT
EXHIBIT
EXTIIBIT
N0. 9
NO. l0
NO.I,L
N0 12
5?. %
6.72
49.88
48 .62
31.99
NO.t3
N0. 14
215
EXIIIBIT NO. 15
l'lr. lrlan Zandt submitted EXHIBIT NO 16 and recommended that thefollowing notation be placed on Engineer Exhibit No ,'C,' Assessment
Diagram Burlingame Avenue Area Off Street Parking District" (CityExhibit No.2.
"The description of the several subdivisions of landwithin the district is noted as that that appears inthe Official Records of tee San l.rateo County Assessorwith specific reference to Assessorrs l\{ap Book page
number and parcel number and further as denoted onthe assessment roll as bound within and a part ofthe Engineerrs roll and that rve be directed to in=sert dimensions in all places where they are nising.
86
Councilnan Crosby introduced a motion that the Engineers forthe district be directed to place the above notation on Ex-hibit No. 2 "Assessment Diagram Burlingame Avenue Off-Street ParkingDistrictr and that the Engineers be directed to insert dinensionsin all places where they are missing. The motion was seconded by
Counc i lnan -Ilayor Lorenz and unanimously carried upon the Roll Call.
Acting Chairman llartin announced that the City Clerk has advisedthat an assessment has been placed on cit,v-owned property on Howard
Avenue and California Drive which the Greyhound Bus Company line h
has a lease to operate a Bus Station stop.
Itlr. Van Zandt further filed r,rith the /city Clerk aneighteen credit application further received to the
Lhe Engineerrs Report , the unit basis of assessrnent
changed from 76,2* per dollar to 75.42 per dollar.
addit ional
subnission of
has been
In conclusion, lt{r. Van Zandt advised that aII the property withinth€ District "sha1l be benefitted by the project and the Districtincludes all of the property to be benefitted."
Acting Chairman l{artin announced that protests would be heardnext according to districts within theproposed boundaries of te Off=street Parking District.
I. AREA BETWEEN EL CAMINO REAL PRI}IROSE ROAD
BURTINGA\IE AVENUE AND NORTH BOUNDATIFS
(A) Chapin Avenue
It'liss Antoinette Zilmer, 70 lt'lission Drive, San ltlateo, ating in
behalf of her mother. Mrs. l{attie Zilmer, her brother, RowlandZilner and herself, protested the proposed acquisition of theirproperty located at 1443 Chapin Avenue, stating that the rental re-
ceived from the buildings housing a beauty salon, a dental suite
and two apartnents with deparate garage facitilits are the sole
income of her aged mother who resides on the property.
iiliss Zillmer questioned the reasonong in proposing the terminationof a long stamding business on their property to cceate a parkin Ilot for business on Burlingame Avenue and stated that as assessment of
$5.00.00 was paid to the City sone years ago as their share in the
cost to widen Cahpin Avenue for some commercial usage.
tr'liII Zilmer requested a reply r*,ith respect to te termination of a
long standinglucky Stores, fnc. would not sign the petition unlessthier property and the Sandidge property were included in theDistrict and that l,layor Lorenz had an interest in the corner Lot
adj acent to Lucky Stores.
0n the latter point, ltla.vor
r'rithin the District that he
A\renue and Lorton Avenue.
stated that the only propertyis that located on Burlingane
Court, San Mateo, displayed a
and advised that he represented
Lor enz
owns
Vernon Va1e, At0orney, 2070 Pioneer
diagram, entered as EXHIBIT No . 18the properties indicated theiron.
Mr. Vale advised that the property ovrners were not enterlng a naJorltyprotest of the DLstrLct as a whole but lrere oppollng ths l-nclusLon of
Chapln Avenuo and several parcels on Prlmrose Road. He stated that ltis lnteresting tc note thai after two years of study, the orlglnallntentlon to acqulbe the Chiapelone and f'arr.ell proportles
5.nc1ud.ed, from a1I appea.rances, to comply with Lucky Stores requestlndlcatlng that prlvate enterpiLse ras favo::ed.
i{r. Va]'e stated that long tlme resldents on Chapln Avenua deserve
conslderatLon, pointlng out that a total assessment of $173r0O0.O0
has been levled agalnst property owners Ln the past to wlden ChapLn Ave.
Contlnulng, I1r.. Vale questloned the ultlmate future of Chapln Avenue
stating thet the property has been zon6d corllrte rcla; and property ox?rers
have been retalning theLr property for comme:'ciaL development. to
make a parking lot out of Chapln Avenue Proparty would not baeflt
the owners, but would dopreciete the proporty.
M:r. VaIe ralsedbdo questlons:
i.n the Assessment Dlstrlct and
c ondemns d.
1. Noticos by centlfletl nall to assessees 1sof those proportles to be condemned;
2. The Mayor &s a property ownor wlthln thevote on the lntentLon to fonrnulate a Parklng
from castlng a vote on the Resolution settlngtrlbutlon to the Dlsti!.lct.
(f) *rat property ls(2) wrrat pnoporty ls ng
ng
be
be
8?
to
to
lnc lude d
requlred, wlth the exccption
sttllc t was entltled tostnlct ans dl.d abstelnorth the Cltyr s con-
80i
801
Mr. VaIe stated that there ls no questlon on the Dlstrlct as awhole
horever, a questlon was re1s6d wlfh respeet to (1) the legallty of
the Cltyt s c ortorl tnent of * 6hOrOOO.00, when only a portlon of the
sum ls cur.Bently avallable anal funds beyound the current flscal gear
may not be plsatgetl; futune CouncLls may refuse to eppropriate fund to
fu1fl1l the. Cltyrs obllgatlon, Ln whlch lnstanco, the qssessments of
the property ownersrs may be lncneased; (2) the 1ega111ty of a
Counlll- memlerr s right t6 vote on the issue; and (3) the valldlty
of the slxty p€rcent slgn-up prlor to the modlflcatlon of t he oniglnal
Dlstrlct pla n.
Mr. VaIe ur:ged that Chaptn Avenus not be rtsacrlflced to beneflt Burl-
lngame Avenuerr and that lt be excluded from the Dlstrlct; lts excluslon
would not effect tho flnanclal status of the Dlstr:lct.
John A. Cost, Attor:neyt 22J. San Mateo Dnlve, repnesentl,ng the Zl1mer
propertles concurred wlth the statoments of Mr. Vale, a ddl'ng that
the proposed condamnatLon of propertles rould remove potentlal buslness
and customers ln the cornmerclal area. Mr. Cost stated that 1n hls
opinlon, Burllngame has been and shal1 Llways remaln a v111age and that the
Dtstrlct as proposed, ls unwarranted.
A repr:esentatlve, speaking ln behaLf of M:ps. Rose Schmldt, Il+24 Bsllevue
Av€nue, protosted th6 proposed lmptrovement, s tatinS that the property
owners ected ln good falth uhen accoptlng thelr assessmonts for the
w!.ttenlng of Chapln Avenue to malntaLn the street for coa,nerclal purposes
and rperforrnlng the street wlth perklng lots would tend to deprlclate
the va1ue. rr
PIrs. PalamountLan further stated that her property ls currently carrylng
e.n essossmont for the wldenlng of Chapln Avenue Ln the amount of
$Ur000.00 plus intenest. M:ri. Palamountlan nequested. that p11propertlel, aL well as the c.,ndemnatl on of propertLes on Chapln Avenus
be ellmlnated from t he Dlstrlct.
Mrs. Dorls McDonald Helbush, I52l+ Quesade Way, co-property orrner of
1[28 Chapln Avenue spoke on the relatlvely few buslness establlshlng
on Burll ngame Avenue and questloned the wlsdom of €Ilman&tlng those
businesses cu*ently operating on Chapln Avenus. Mrs, Helbush statedthat to conderrr and t o lncluded Chapln Avenue propertles was a rrshont-
slghted waytr 1n uhich to accomodate buslness on Burllngame Avenue.
Mr:. &rl I Tore11o, spoaklnS ln behalf of Mrs. Bessie Torello, owner ofPrlarose Roatl and Chapln Ave pnopertles, obJected to the imposltlouof anassessment on propertles assessed prevlously to provlde for the
wl denlng of Chapin Avenue and suggestod that Burllngame Avenua property
owners assurno the cost for the pr.oposed DlstrLct.
Thare belng no furthen protests wlth nespect to Chapln Avenue propertlea,
actlng Chalrrnan l{artln questloned l,lr. Wl1son, Attornoy fo:r the Dletrlct
on sevenal polntsralsed by the opponents.
D1
D1f
3. Wlth rospect to the slxty percent slgn-up, all property owners, at
the tlme of clrculatLon of the petltlons, wer6 advlsed that they were
slgning uncondltlonally and uere bo,:nd by Councllrs fl-na1 determlnatlon.
l+. Ihe Clty Councll Ln establLshlng the sum to be contrLctuted to the
Mrs. Irenc F. Palamountlan, l[21 Cheptn Avenuc, protested the acqulsLtlonof one of two lots she ouns oa Cehpln Avenue, that would mer:e1y ser.ve
as an lngress and egnoas to e parklng lot leased by the Montgomery Ward
Co. for th6 convenlence of lts customers.
88
DlstrLct, dld so w lth the undersland.lng that the t'money lr111 be found. rl
rn furthen expralnatlon Mr. }Iilson stated that in his oplnlon, it ei11nequine three clty bualgetary yea::s to ralse the $180.ooo.oo out of the
$640.00Or00 (subtractlng tho credlts already recelved by the purchaseof panklgn lots) and s lnce the proJect is lira state of frflrrxr^ tir"r i"nothtlg to trho1d fastn that thil-pioJect Ls ln golng to fail 1f herecity doensnrt nalse the ebtlne f6&0.000.00. The city bes provldad arl theparklng lots thus far and lt ls reasonable to assunt€ that futuro Counclls1111 be sufflciEntly cognlzant of the n66d for a Parklng Dlstrtetand shall contlnue to support the Cltytg motat obllgatlon.
-{t the r equest of the chafuman, the clty prannen advlsed of ordLnence ra-qulnements wlth respect to parkLng spaces and expla lned that although
some of the propenty orrners have necelved credlt fon parklng apecespnovlded, any remodelLng or reconst:ructlon of bulldlng ln the futurew111 r.equhe ordinance conformancgo
lbe C*r lrnan qugstLonaed Mp. W11son concennlng riquallfledrr petltlon andto lrhlch Lnquiry lilr. Wlslon advlsed that there w€re no quallflcatLonsgranted durlng the signlrlg of the petltlons.
The Cahl rnsn lruritrf J. Ed. McCelJ.en, C ahLrzran of the Psr:klng DistrLct
ComraLttee to reply to lnquires that have been pr:esentad.
1. Wlth respect to the lnqulr.y concornlng the removal of busLnegs
from Chapln Avenue, I,tr. McOlennen etated that th€ Corarnlttee, lnpl anning th6 proJect determlned to plan for the 'r0orerr of the buslnessdlstrLct and therefore took Lnto consLderatlon commerclsl pnoperty.
The Comrl tt6e yas of the oplnlon that parklng was inadequete on
Cbaptn Avonuo 1f the ar€a w6re comae:rclally developed. The ZLLmar
prope:rt5rls on good condltlon, a portLon belng used for. connerclal
pur3pososand e portlon for aprtment usage and ln the opl,nlon of the
Corml.ttee a logical and approcprlate cholce to provJ.de a means to Lngress
and egress to another: stneete therby nty:.ngtt the Dlstr.lct together.
l[:n. McClellon stateal that the rldenlng of the strneet dld not lncneasethe parklng needs.
?. Referrlng to the allegatlon that ths orLgnal parklrrg lot plans
Cahpln Avenue rere revlsed to accomdate Lucky Stores, Itln. McClellan
advLsed to the contrany and stated hat all petltlons wer.e slgneduncondltlonally and Lucky Stores s!.gned on those terms.
on
Mr
th
da
Io
Mr. 4c0e11an fur:th6r edvlsed of hls convErsatlon wlth i{r. Dante
Lambl, of the St. trrr:ancls Investment Clmpany, owners of the property
upon whlch Lucky Sto::es us located, whereln corteln changes ln the 1ot plans
lrere suggested by Mr. tambl and ln reply he uas advlsed that th6 CorunLttee
could glve no assurance that a revlslon be made; Lucky Stores thor6aft€t3
signed the petetlon unc ondltL onally.
.. Van Zendt, questloned by the Chalr to erpleln the reason for
e cahngc forrn the orLgnal plan on Chapln Avenue, referred to a map
ted November 9, 1961, lndlcatlng that at thet early date a reveraal ofts was being consldered..
ftBCESS
A redess was declarod by the Chal-r at 11:0O p.n.
CALL TO ONDER
the rneetlng hras reconvcned at 11:20 p.n. rd tha an announcement by the
Chsl.Ir that bccause of the extenslve raaterLal yet to come befor:e the,
Councl1, a maetlng to continue ths haarLng was scheduLed fon tresday
Septmber 18, 1952.
Mr. Wl1son, rop:Iytng to th6'Chalris lnqulriea concernlng thc
effect on the rarking DLstrLct shoutd Chepin Avenue be excluded
form the Dlstrlct ailvlsed that a chenge ln the boundanLes would aot
effect the legallty of the DLstrLct formatlon.
a1
Mr. VaIe, Ln reply to the Chalrrs lnqulry, advLsed that the property
owners wer6 not protesting the Dlstnlct as a who1e, but were pno-
testlng the lneluslon of Chapln avenue 1ots, based prlmairly onthe fact that their: prop6r.tl6s would not be benefltted and that
they have been prevlously assessed by the wldenlng of t he str.eet
end thelr opinlon, the proposed and parklng lots on Chapln Avenue
would. merely serv6 toaccomddate the err-oloyees of the Paclflc Tele-
phne Company abd the Montgomery Ward Co.
Tha CahlIr recognlzed Mr. Stllleson, an accountant, solng buslnesswlth the St. Francis Investment Company, nho explalned hls nelatlonshl-pnlth Mr. Lambl and stated that wlthln hls knorledge e LuckSr Storos
had. made no demand.s upon the Distrl,ct. M:r'. Stlllson stateal that
mr. Lanbl ls under the lmpressLon that Chepin Avenue w11] developlnto a good eommerelal area and has expressed the opSnlon that by
uslng Lots G and E, lt wor]lld nleave a bgt'r er spaclng for future
development.n ltbr. Stlleson 8av6 assuranco that no promlses w6rs
made to Lucky Stores.
The hearlng on the Chapln Avenue portl-on of the Burllngane Area
Off Street Parki.ng Area Slstr.l-ct was conclucled.
RSFENENCE TO LINDSAY HOI.IARD PROPERTIES
Mn. Casper W. Welnbe:rge:r, Attorney, represontlng the LLndsay Howard
p:rope:rtles on f,or:ton Avenue roquested that the Parklng Dlstrlctplan be nodlfled to lncludle also the vacant bulldlng on the lloward
prope rty.
the meetlng was reqularly adJourned at 12:00 mldnlght to meet on
Tuesday, Septefrer l8, 1962, at 8:00 p.m. - on motLon of Councllnan
Crosby and se-dontle d by Csq4sllman Johnson.
ADJOURNME$IT
Res ectfully s d,
r ber rr.}llh iteCity Clerk
66
APPROVED:
--r