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HomeMy WebLinkAboutMin - CC - 1963.11.04354 Burl ingame , Novedber caI ifornia 4, 1963 A regular meeting of the Burlingame city council, held on the above given date, was called to order by ltlayor afohnson at 8:05 p.m. PLEDGE OF AILEGIAI{CE At vrord from the Chair, aII the Pledge of Allegiance to ROLL CAI,L in the Council Chamber arose the Flag. and gave Cro sby-Diederidr sen-George-ifohnson-Iilartin None Present - Absent Councilmen : Councilmen: ITlINIIPES A11 menlcers of the Council having received previously a copy of the minutes of October 23, L963, and there being no corrections, omissions or amendment s, Council.man Crosby moved that the minutes be approved and accepted. seconded by Councilman ceorge and unanimously carried. HEARINGS Mayor Johnson announced that this was the time and place to a public hearing on the application of Eugene C. Signarorritz variance to permit a Gasoline Service Station to be operated northwest corner of Peninsula Avenue and Dwight Road. continue for a at the fhe Chair recognized the applicant, !lr. spoke in behalf of his interests. Eugene C. Signarowitz, who Mr. Signarowitz explained his property as being ideally situated to accomrnodate a gasoline station, bounded on the north by a triplex, on the west by an R-3 District, on the south by Peninsula Avenue and on the east by Dwight Road and apart from the residential section of the area. !1r. Signaror./itz stated that the current construction in the jrrunediate vicinity indicates that the properties are undergoing a change from their original statust Feninsula Avenue, on the San l.tateo side, has been developed exclusively for comnercial usaget the increase in apartment construction, the new private school building on Peninsula Avenue, the San Mateo llunicipal Court, and the proposed thirty acre development on former college property (woodlake area) of whidr four acres have been reserved for comnercial purposes, all affect an increase in vehicular tlaffic and justify the erection of a gasoline station. In concluding his statements, Mr. Signarowitz observed that in addition to the conmercial development, the area includes 1,300 apartment units, vrith an estimated 1,500 automobiles, to be benefited by the erection of a gasoline station on his property. A communication from the Planning Commission to the City Council, dated April 8, 1963, advised that a motion to deny the application carried and the subject is before Council on an aPPeal from its decision. ftre basis upon which the application was denied by the Corunission, was CALI, TO ORDER 1. EUGENE C. SIGNAROWITZ APPLICATION FOR VARIAIiICE TO CONSTRUCT GASOLfNE STATION IN AN R-3 DISTRICT dDD enumerated in the cotnmunication, including (1) that there is no hard- ship existing in the property or its use, by reason that it is zoned R-3, multi-family, and may be used properly and profitably for that purposet (2) that the frontage streets are not commercj.al or industrial as required by law in this instance; and (3) that the surrounding and abutting properties are used for residential purposes rendering a gas service station undesirable. A petition bearing the signatures of tvrenty-nine owners of property within a five hundred foot radius of the property in question, favoring the granting of a variance, was acknorvledged. A comlunication dated March 18, 1963, from Gordon Bro$rn, 118 Uyrtle Road, favoring the granting of the variance, was acknowledged and concluded the presentation by the proponents. A cotEmunication received in the office of the city clerk, March 21, 1963, from lrlrs. Mary A. Viano, owner of property at the northeast corner of the intersection, reminded Council of prior occasions in which she has attempted to obtain a permit for an identical purpose. Opposition to the granting of the variance hras expressed by ltlr. Alfred L,at^rson, owner and occupant of a triplex, 9 Dwight Road, !tr. alohn lbsen, 12 Clarendon Road, Mrs. C. Y. Elmgreen, 16 Dwight Road, Mr. Sylvester Vial, 5O8 Peninsula Avenue and ltilliam Burgess, 18 Dwight Road, claiming in effect, that the granting of the variance would result in "spot zoning." the construction of a gasoline station would create noise, a nuisance and a devaluation of surrounding properties. Mr. Hugh Smith, representing the viano property interests, urged council to consider the complete rezoning of Peninsula Avenue to cornmercial usage to benefit all residents of the area. In reply to an inquiry from the Chair, ur. smith advised that he was opposed to the Signarohritz application by reason of prior requests of his clients for perraission to use their properties, in their opinion, considered more adaptable to the "type of business" proposed. A couununication from Ur. Frank II. Bartholomew, 10 stanley Road and a petition bearing the signatures of twenty-seven property owners in the irunediate area, opposing the granting of the application, hrere acknowl- edged and concluded the opponents' evidence. A point was raised by councilman t'lartin on the eligibility of n e$rly appointed members of the council to vote on the issue and a recess was called thereafter by the Chair at 8:45 p.m., to review minutes of previous meetings for purposes of clarification. CALIJ TO OF;DER 1[he disclosure that building plans, set backs, landscaping and other information pertinent to the operation of the proPosed gasoline station \^rere not available on this occasion, continued the hearing to a regular meeting of council, llonday, December 2, L963. S IGNAROWITZ ITEARING CONT INI'ED fhe City Attorney reported on the continuance of the public hearing over a period of months and referring to council minutes, Septed)er 16, 1963 seheduling a re-hearing on this date, advised that all members of the Council were entitled to receive previously given and new evidence, to deliberate upon the request for an appeal from the decision of the Planning conmission and to vote upon the issue. 35ri 2. HEARING A. R. CARP ENTER VARIANCE WILLOW AVENUE ATiID EL CAIIINO REAL Ihe Chair announced that this was the time and place scheduled to continue a public hearing on the appeal of !1rs. Edvrin J. llarino, 750 walnut Avenue, to rescind the action of the Planning Corunission, in which a variance was approved permitting ltlr. A. R. Carpenter to erect an addition to his apartment buiJding on property zoned R-1, and stated that a personal call from Urs. Marino advised that she would be unable to appear on this occasion. llhe City Planner, at the request of the (trair, described the property and advised of ttre intention of the applicant to deruolish a duplex and accessory building, fronting on Willow Avenue, adding an elI-shaped wing of eleven units to the existing apartment, and the revision in the original plans announced by the applicant at the last regular meeting to eliminate the proposed swimming pool to provide additional open parking spaces and landscaped areas. lfhe Chair recognized the applicant and a new plot pJ.an was displayed with its significant features explained by Mr. Carpenter. Council was advised that subseguent to the hearing at the last meeting, building plans have been altered further, lirniting construction to eight units in the new wing, theretry reducing the height \l one storyt a total of thirty-three apartments will provide forty-seven parking sPaces. ItIr. Carpenter further advised that plans to demolish the duplex will be delayed approxirnately nine months, the expiration date of a current lease on the building. A point raised by the City Planner that the original bui)d ing plans have been revised sufficiently to justify further investigation by the Planning Comnission, initiated some discussion. CounciLman l,lartin questioned the filing of a subdivision map with the City Planner advising that a later date would be the appropriate time in which to file a subdivision map. Councilman Crosby, referring to a recent construction on Burlingame Avenue and EI Camino Real and the widening of a portion of street area at the intersection to provide an easier flow of traffic, suggested that the applicant in this instance, may adopt the same procedure. fhe City Engineer stated that a field check would determine the possibilities. Further discussion concluded with Mr. Carpenter requested to re-sketch his building plans to render them current, to confer with the City Planner and that the City Engineer conduct an investigation on widening a portion of vlillow Avenue intersecting the El- Camino Real. 1[he Pub]ic hearj-ng was continued thereafter until the next regular meeting, November 18, 1963. RECESS A recess was declared by the Chair at 9:50 p.n. CAIL TO ORDER Ihe meeting reconvened at 9:55 p.m. 357 COMMI'NI CATIONS A comnunication from the city lr{anager, dated Novenber 1, 1963, advised that the Regional water Pollution Control Board has indicated its acceptance of the time schedule for interim improvements at the Sewage Treatment Plant and it was his reconunendation that authorization be given to advertise for bids for the additions to the Treatment Plant as itemized in the report of the Consulting Engineer. Council concurred with the recotnmendat ion authorizing the advertisement of bids for the Sevrer P1ant irprovement, on motion of Councilman crosby, seconded \r Couneilman Diederichsen and unanimously carried. 2. REACTIVATION SHOOTING RANGE REOI'ESTED A cormnunication from the City uanager, dated Novedber 1, 1963, referred to communications received from the Burlingame Lions' Club and John K. wright, Deputy Director, Office of Civil Defense, recotrunending the reactivation of the police shooting range, inoperative for a considerable period of t j:ae. The City !!l a nager advised a reply has been received will not contribute funds that Mr. wrigbt has informed his Office that to his inguiry indicating that the government on a "matdting fund basis. " Council hras further advised by the Chair that Mr. Albert s. Horwitz, Chairman, Recreation Commission, has suggested that the corununications from the Lions' Club and the Office of Civil Defense be referred to his Cdnnission. Councilman Uartin suggested that the cormnunications also be submitted to the Park Commission and to the ifoint Baylands Comnittee for report to Council. Council concurred and the City tlanager h,as requested to fonrrard copies of the conmunications to the aforementioned. 3. INQUIRY RE: BIDDING ON PITBIIC CONTRACTS A communication from the City llanager, dated Novetdber l, 1963, referred Council to a co[Enunication received from Mr. Eric G. Uausser, questioning the emplo!'ment of an electrical firm, outsi.de the city, to perform work on the City-planned Off-Street Parking District project and suggesting that the proper City official reguest the ceneral Contractor to give consideration to 1ocal contractors. Ttre City Uanager advised that it is not within the prerogative of the City to "control a general contractor as to the manner in which he desires to comply with his contract" and recommended that Mr. Irlausser be informed that it is Iegal1y and practically not feasible to comply with his request. 4. NEGOTIATIONS FOR CITY DI'I{P CONTRACT A communication from the City ljlanager, dated Novetdber 1, 1963, advised that a contract with specific conditions has been proposed following further negotiations with the Skilak Oi1 Cqnpany. In reply to Council inquiries, the City Irlanager referred to a comnuni- cation received by his office from Rcmeo JoIy, Dtmp Operator, dated Septedber 10, 1963, expressing his interest in terminating his contract with the City of Burlingame for the operation of the Dump, subject to certain conditions. 1 . SEWAGE PLANI IMPROVEIqENT BIDS AI.'IIIORIZED Council concurred and the City llanager r+as authorized to direct an appropriate reply to the inquiry. 358 The City Attorney, also in reply to Council inquiry, advised that the contract proposed is legally valid and may be continued to the expiration date of the present Dump Operator's contract, Novedber 15, 1965. Following considerable discussion, Councilman ceorge moved that the recorunendation of the City Uanager be concurred in and that the City Attorney be directed to prepare a formal agreement, inctuding the conditions stipulated by the city Manager, with the City to receive threnty percent of Dump receipts over and above a gross revenue of $65,000.00, in addition to which the City to receive such benefits as outlined by the City Itlanager in his report and assistance fron the Skilak Oil Company on the maintenance of the roadway. The motion was seconded by Councilman Crosby and unanimously carried. 5. CONTRACT AWARD TO CROM CORP. CONSTRUCTION RESERVOIR II{IILS ESTATE NO . 19 A corununication from the City Manager, dated Novedber 1, 1963, advised that the contract for the construction of a one million gallon pre- stressed concrete reservoir. for which the City of Burlingame and Eichler Homes. Inc., have agreed to share the cost, is in proper form and it was the recommendation of his office and that of the City Engineer that the contract be awarded to the lowest responsible bidder, the Crom Corp., in the total amount of $77,42O.OO. Council concurred and RESOLUIION NO. 88-63 "A Resolution of Award of Contract, Construction of Water Reservoir for Mills Estate No. 19" (Crom Corp. $77,42A.OO1 was introduced for passage on motion of Councilman llartin, seconded by Councilman George and unanimously adopted upon ro11 caII. 6. PURCHASE TWO POLICE SEDAN CRUISERS APPROVED A cormnunication from the City Uanager, dated Novedber 1, 1963, advised that bids for the purchase of two Police Sedan Cruisers have been received from the following: Doane-llinto Ford Sales Dick Bullis Chevrolet (less (1ess trade- in ) trade- in) - Net - Net Total . Total , $3,40s.16 $3,628. 30 and reconunended that the purchase be authorized through the low bidder. Council concurred, authorizing the amount of $45.16, in excess of the cost set forth in the 1963-1964 Budget. A memo to Council from the City Manager, dated Novedber L, L963, advised that the O. C. Jones & sons firm has satisfactorily completed the Easton Creek Culvert project in complj.ance with plans and specifications and reconunended that the project be accepted as conplete. Council concurred and RESOLU:IION NO. 89-63 "Accepting work of tion of Easton Creek Culvert at Bayshore Eighway - MCS-96" was duced for passage on motion of Councilman crosby, seconded by George and unanirnously adopted upon RolI CalI of members. 8. ACTION DELAYED F INAJ, MAP !{II,LS ESTATE NO. 23 A conmunication from the City Planner, dated October 29, 1963, advised that at a regular meeting, October 2A, L963, the Planning Comnission ?rad recorunended the approval of the Final lrlap of ltlj.1ls Estate No. 23. Con struc- intro- Councilman 7. EASTON CREEK CI'LVERT PROiIECT ACCEPTED 359 Ttre communication was placed on file pending receipt of documents to appropriately fina),ize action reguired. 9. " IOCAL GOVERNUENT WEEK" llayor Johnson announced lhat in coutpl iance with a resolution adopted on the 22nd day of October, 1963, by the San Mateo County Board of Supervisors, the week of Novedber L7 through Novedber 24, 1963, shal1 be proclaimed "IOCAL C'OVERNUENT WEEI(. " Ihe Ctrair further advised that during "Local covernment week " several events of publie interest have been scheduLed within the County of san llateo and referred particularly to Monday, November 18, 1963, whereon the San l{ateo county council of Mayors and the san uateo county Board of Supervisors in cooperation with the San lr{ateo County Develop- ment Association, has scheduled an all-day " Symposium on Synchronization of Loca]. Governnent - Solving Groqr"Eh ProbLens Through Home Ru1e " at the Hilton Inn, San Francisco International Airport. 10. SUGGESTION RE: ERECTION OF SIGNS A corununication from clare Kemp, Industrial Rea1ty Co., dated october 23, 1963, together with an editorial published in the San Franciseo Chronicle, under date of October 22, 1963, entitLed "Sound controls for Billboards" was acknowledged. Mr. Kemp suggested that a movement be initiated to curtail the promiscuous erection of "tenporary sigms on or at service stations and other places" lrithin the city. Councilrnan ltiartin, conEnenting on the prevalence of real estate " sandwich frame " type signs, particularly referring to those on display on Ilillside Drive, requested the City Planner to conduct an investigation. 1I. BAY AREA AIR POLLUTION COT{TTROL REPORT A report from sidney D. Herkner, Director, Bay Area Air Pollution Control District, under date of October 23, 1963, commenting on the progress that has been achieved by communities throughout the Bay Area and the United States toward the control of air pollution, was acknowledged and placed on fi1e. RESOLUTION NO. 90-63 "Declaring Noxious and Dangerous weeds and Rubbi sh a Nuisance" was introduced for passage on motion of Councilman ltlartin, seconded try Counci}nan Cro sby and unanimously carried upon Roll CaII of members. RESOLUrION NO. 91-63 "Acce pting Demolition Work For Burlingane Avenue Area Off-street Parking District" (Lavel1e construction co.) was introduced for passage on motion of Councilman Martin, seconded by Councilman George and unanimously carried upon Roll Cal1 of medbers. ORDTNANCES None ACKNOWTEDGMENTS -AAINOI'NCEMENTS lfhe Chair a dcnowl edged receipt of minutes fron the Planning Couunission, the Eealth, Safety & Traffic Cornnission and the Library Board and corunended a report from the Burlingame Recreation Department on the number of teen-agers employed throughout the sultrne r on a volunteer basis. Announcements vrere made by the Comnittee, wednesday, Novenber the meeting of the "sister city" 8:00 p.m., at rrrhich tjme Chair on 6, 1963, RXSOTUTIONS 360 members of the Council were invited to attend, the North Councy Council of Mayors meeting, fhursday, lloveriber 7, L963, and the Tri-City Council of Planning Boards, Friday, November 8, 1963, and advised that several unfinished matters, including a report from CounciLnan George. on his recent attendance at the covernor's "One-Day Conference" on "Disaster Preparedness" shall be considered by Council at an adjourned meeting, Wednesday, Novetdber 6, L963, at 7:30 p.m., prior to the "sister City" Comnittee meeting. COI'NC I IN,IAN MARTIN RECOMMENDATIONS CounciLman Marti.n sutrnitted several reco[trnendations for consideration: 1. That the City .ttlanager review an article in the recent copy of "Western City" magazine with respect to the City of Chula Vista's method in the handling of traffic violations and that the subj ect matter be referred to the new Parking Conunission (appointment to be made in near future) i 2. Ttrat the Council consider the relocation of the Southern P acific Depot in Broadway, in view of the contenplated erection of high-rise apartment structures in the area and that the Health, Safety & Traffic Commission and the Planning Commission be requested to subrnit views on the subject; and 3. fhat a list of the warrants submitted to Council. issued each month, or on occasion, be Reporting briefly on the "Greater Highway s " p1an, Councilman lrlartin advised that the major construction of the Junipero Serra Ilighway will occur in this area in 1964. OFF-STREET PARKING DISTRICT REPORT I'1r. fheodore Bludberg, temporary council liaison to the Burlingame Area Off-Street Parking District, reported on the desire of the united States Post Office Department to acquire a Iot. within the Off-Street Parking District, on Lorton Avenue, adjacent to the Burlingame Post Office to re-arrange and expand its facilities and recommended that the vacant portion of the Iloward Buick lot be released from the District. 1rhe City Attorney related in sorne detail his conversations with the Attorneys for the District and the procedure required to effectuate the relinquishment of the lot from the District. The City Attorney advised that Council must first adopt a polic!' decision on whether the lot should, or should not, be released. Action was postponed until the adjourned meeting, Wednesday, Noveuiber 6, 1963. BEARINT PROPERTY Ihe City Attorney, in reply will investigate the status the near future. Council inquiry, advised that his office the Bearint fndustrial Park property into of ADJOURNI{ENT On motion of Councilman Diederichsen, seconded by Councilman eeorge, the meeting was reguJ-arly adj ourned at 1l:20 p.m., to meet wednesday, Novernlcer 6, L963, at 7: 3O p.m. Respectfully sulmitted, APPROVED: a CHART,OTTE JO ON, MAYOR HERBERT K. I^IH TE CITY CLERK