The URL can be used to link to this page

Home My WebLink AboutMin - CC - 1962.11.151iJ6 Burllngame, Ca1lf ornla Novemben J-5, 1962 CALL TO ORDER PLEDGE OF AI,LEGIANCE At wond fr.om the Chalr, all ln the Councll Chamber arose and gave the Pledge of Alleglance to the F1ag. ROLL CALL Presont: Councllmen: Crosby, Johnson, Lorenz, Martln, l4organAbsent: CouncLlmen: None BURLINGA}.E AVENUE OFF.STREET PARKTNG DISTRICT Mayor Lonenz announcad that the meetlng was scheduled to consldena Resolutl-on, propared by the Attorneys for the Dlstrict pnovldlngfor a pub1Lc heanlng on deletlons and amendments, as determlned by Counc 11. RESOLUTTON NO.1-62 rtA RESoLUTIOI,i oF INTENTI0N T0 lilAiG CHANGES NGAIVIE AVE{UE AREA OFF-STREET PARKING DISTRICTII lras ther:eafter lntroduced for passage by Councilman Martln, seconded by Counc llman Johnson and declared carlrled on a unanlmous ro11 call vote . ADJOURI\il{mT A Speclal l,leetLng of the Burllr€ane Clty Councl1, from Lts Meetlng of Novomber 7, A962, was held on the above date.caIled to order at 8:00 p.m. - I,{ayor Lorenz th the Chalr. Ihene belng no {\lnther buslaess to be consLdored at the Meeting, t[e meetlng wes adJoumed at 8:05 p.m., to meet Wednesday, Docember 5, L962' at B:0o p.ra. Respectfully submlttetl, Speclal Mee tlng Specl al on ERT K. WI{]TE, City Clerk APDROVSD: T!RO TEI'lPORE 7 A Soecial Meetlng of the Bunllngame Clty Councll, fnom lts SpecialMeetlng of Octoben ?9, \962, wes held on the abov6 date. Meetlngcalleal to ord6!: at 8:05 p.m. - Mayor Lorenz ln the Chaln. A11 members of the Councll were in attsndance,8:00 p.ra., on thls date and answered Ro11 CaIi, BROADWAY PARKING AND LIGHTING DISTRICT Burllngame, Callfornla Novemben i.5, 1962 CALL TO ORDER The alternate would be a locatlon on Chul occupied by s. professLonal bu11dlng. Cos Pl,adwe11 Proporty! Capuchlno Avenue Loong Property: Paloma Avenue havlng assembled atat an ea:r1ler mee tlng. lsta Avenue, presently ere would be pnohlbltlve. l,[ayo:r Lorenz announced that the meetlng was schedrrled to contlnuethe pub1lc hearlng ln the matter of the fornatl on of the Broadway Parklng and Llghttng Dlstrtrct. Councllman MartLn, Council Farklng CommLttee Llaison offlcer., was l-nvlted to pneslde. Actlng Chainman Martin lnvlted Mr. James Morton, Attorney, repr:e- senting tha attorneys fot! the Dlstrlct, Ul1son, Earzfeld., Jones and Monton to summarlze the p::oceedlngs to dat6 and todvl.se Councll concornlng pr.oceduno. 1,1r. Morton explalned that at the meotlnS of October 29t 7n accordancewith provlslons of the Speclal. Assessmdlt Investlgatlon, Llmltatlon and MaJonlty Protest Act of 1931, the Clty Councll hear.d a srrnmaryof tho Englneerrs Report, on flle wlth the Clty Clerk; entertalnedall wrltten relatlve protests and heard oral pr:otestants. The actLon at the concluslon of the m€etlng contlnued the hearlngto the prosent tlrne, to pesnit the Englneer to compute the ratloof wrltten protests to the total area withln the prbpossd DLstrlct,to pernlt wrltten staterrents fnom oral protestants anal, to permlt lri thdrawal s of protests. Iufr. Morton stated that CouncLl at thls tlne w111 hear the EngLneerr sreport on tbs p6rcentag€ of protests, w11I consr.den wlthdrawals and any further . protes ts . Councll should make some determlnatlon on the protests from owners rhose propertles ane pnoposed to be ac qu Lre d. M{GINEERIS REPORT Mr. Frank Hanrahs.n, r:epresentlng Wl1sey, Ham and Blair, F.nglneers for the proJect, reported that all of the protests recelved pr1or.to and afunlng the heaning of october 29e assumlng rrltten conflrrnatlonof oral protests, represont 35.59 pencent of the total area rrlthlnthe proposed dl s tr.lc t. An acqulsitlon map of the Dlstrlct was posted by I,Ir. Hanrahan, lrho advlsed. that an analysls was made of the protests fl1ed by foun owners whose pnoper:tles wene proposed for acqulsltlon. It ls the oplnlon of the Englneers that there 1s not suffLclont Justtflcatlon fon changlng parcels deslgnated fon acqulsltlon, for: roasons as follows: Daugherty Property: Laguna Avenue aVth Lots were selected nearest to the commerclal a.r.ee ard on the beslsof traffLc count. The alternate hene would be a locatlon renoved from rrtrere the lots ere actually needed. There does not appoar to be a legltinrata reason for changlng. L37 l{Lelsen Prop6r.ty: Capuchlno Avenue. Alternate would be to move eloser to thebulldlng Ln th6 alternate locatlonl cost consldenably highor. Dlstrlct. Ther.e ls a nel,of acquisltlon rould be ItrITIIDRAWAL OF PROTESTS: Wl thdrawal of Protests were owners wlthln the Dls trLc t:acknori edged aad road from !r operty Anna V. Ross and Oscar Zlnnan. WRITTEN PROTESTS: Protests f1led wlth the Clty C1erk, subsequent to the meetlng of October. 8, a962, rror€ acknolrledged and read from pnoperty ounors wLthtn the Dlstrlct: Alfred and Joanne Facchlnl and. Oreste Facchinl; Rowena B. and Robert E. Armstrong; Mank Dlllson; Ne11le c. Escloses;Jarry Behal for Je-RLta, lnc.i Tldeweter O11 Company, and. a supple- menta]. protest fnom T. H. Llmpert. The ChaLr asked 1f ttrere were any propel.ty olrnors wlthin the Dlstrlctln attendance who had not fl1ed a protost and wlshed to do so atthls tlme. No one was heard. RECESS A necess was cal1ed at 8:l+5 to permlt the Englneers to compute thepsrcentage of wrltton protests. CALL TO ORDER lhe meetlng ras ca11ed to ord6r. at 9:10 p.m. Mr. Frank Hanrahan offered in evldence a supplemental Englnsersr Report, dated November !$, 1962, fl]-ed with the Clty Clerk, concennlng changes ln assessed valuatlons of certaln parcelswithln the Dlstrict; and subnlttlng a supplemental copy of the.proposed Acqr:1s111.r Map clarlfylng purchase by the DLstr:lct ofthe presently leased par.klng lot on Paloma Avenue. M:r. Hanrahan reported thet a].l protests and wlthdrewals of protests, on f11e to thls date, have been computed. It has been deterrnlnedthat l+9.05 percent of the total land area wlthln the proposedDlstrlct Ls under protes t. Actlng ChaLrman Mertln lnvlted comrlonts from the floor from those !'rl thln the boundanles of the Assessment Dlstrlct. No one was hear:d. Comrents were lnvlted fnom any person whose pr:operty has been deslgnated fon acquLsitlon. Mr. Jess S. Jackson, attorney representlng Mlss Ellzabeth Daugherty, and Mother, 11[0 Laguna Avenue, roforr€d to a rrltten protest ulder date of october' 25, 1962, f1led wlth the clty C1erk, relating personal cl::cumstencos of hls cllents, which woulcI prsclude ttrelr removal from thelr home. Mr. Jackson voiced a technlcal obJectlon that slnce the propenty was consldered for parklng lot purposes, r.trlch 1s a c ornrnerc la1 usel hls cllentst protest should be evaluated wlth all othen protssts. The Clty Planner, ln reply to the Chair, advlsed that ps.rklng lots ane not necessarlly a commerclal use and may tr,e locatod and operated 1n any dtstrl-ct upon ttre determlnation of the Clty Council on tho PlannJ.ng Commlsslon. l{r. Morton, in r:epIy to the Chalrrs lnqul4f concernlng the basLs for' detennlnlng the boundanles of the d.lstnlct, explalned that the zonJ.ng Llne of tha c ommercla.1 area detenml-ned the physlcal boundar'leg of the proposed Dl strlct. 188 139 Mr. Morton sta.ted that the Englneers, ln selecting the partlcular Lots to be acqulned, undoubtedly re:re lnfluenced by thelr locationadjacent to the c onnnercLa1 zone snd theln aval1ab111ty to the commerclal propentles whlch w111 be assesseal for the lmprovements. Mr. Morton advlsed that 1t 1s not requLr:ed thet the boundaries of th6Dlstrlct lnclude the acqulsltlons to be maile nor the lmprovements. IuIr.. Morton advlsed that lt ls not a slmple matter to change the boundary llnes to Lnclude prcpertles zon6d for purpos6s oth6r than c omrner"clal. Refernlng to the Daugherty property and to the propentles on Cepuchlno and Paloma, whlch also have requested release fr:omacquLsltlon, Mn. ltlorton stated that lf the lots were to be relocated, the Clty Councll would be faced with decidlng rtrether or not the lots should be Lncluded rdthln the Assessment DLstrlct. The Lots are not zoned fon c ornmerclal pur:poses and would not derLve th6 same benefLts as the corrr r:claI pr.opertlos along Broadwey. Refenence was made to leased property on Capuchlno Avenue, occupledby the Post Offlce, and to property on E1 Camlno Raal , occupled by Tldewater 011 Company. Both pancels ane In residentlal dlstr.icts,but, unden va:rlalces approved by the Clty, are used for commenclal pur3poses. Acttng Chalrman Martln noted that tbe Post Offlce propert cluded, whl1e the servLce statLon ls wlthln the assessmen Mr. I'lonton agreed to a suggestlon that both propertles be equa11y. yltb s eX- ound.ary. tre ate d F\rther comnents were lnvlted from the fIoor. PLADWELL PRoPERTr: Cap':961t. Avenue. l,Ir. KarL HuJ.se, attorney r:epresenting ltlrs. E. P1adwel1, owne r of one lot to b6 acqulred and one lot withln the DLstrlct, maLntalnedthat ln all falrness, protests of those ouners whos6 propertles ar.eto be acqulned, should be consldened. l4r. Mortonthat under cretl,on ofof prote s tpnotest of advl-s6d, ln reply to an inqufu:y concernlng pnocedure, app1icable statutory provlslons, Council has the dls- accepting or reJectln6 the proceedlngs on any percentage ot 5L%. Proceedlngs must be droppeil on a ma.Jorlty fi-fi ot property olrners. F\lrthen comments were heard Br.oadway, and speaklng ln be the flnencLal burden whlch wrental costs. Mr. Robert R.ln favor. of the Dlstrict andto the area. Glen P. A11en, ln buslness onof i'Irs. P1adwo1l , who protested. e placed upon tenants by increased1, buslnessrnan, 1100 Broadway, spok6 increased buslness whlch w111 result fromhalf 111 b Ga11 the Robert Levyr p.operty ouner, I[1J Broadway, Mr. Alfred Kauf:lann, merchant, 1352 Bnoadway, and. Mr. A. Rocca, President of the Broadway Merchants AssocLation urged Council to lnltiate proceedlngs to form the Di s tnl ct. Mr. l"lorton, in reply to Commlsslon inqulry advlsed ln determinlng whether or not the hearing shall be closed, Councl1 must considerprimarlly the matter of penmltting acidltlonal protests or withdraralof protests of :.ecord. Mr. Monton, ln neply to further Councll lnqul.ry, advised that closingthe hearlng w111 termlnate the Englneerrs roport, w111 permltrelocatlon of lmprovenrents; and wt11 flx the cost of the totalproject wlthln lO% ot the orlglnai 6stlnate. I,lodlf lcatLons an di amendments i[ay not exceed t.t:e LO% llmLtatlon. A motLon was thereupon lntroduced by ,',layor Lorenz to conclude the hearlng on thls occaslon. Motion seconded by Councllman Crost'y and carrled unanlmously on ro11 call vote. The hearlng was theneaften declared offlclally closed. l4a In a perlod of dlscussion, brlef reference was made to procedures to be determined pertalnlng to €lrantlng of parking credlts (pnop- erties where parking ls pr.esently provlded); and the matter of aClty contnlbutlon to the cost of the proJect. A motlon lras lntroduced by Mayo:r Lorenz to proceoil with the Dlstrlct and lnstructlng the Englneers and Attonneys for the Dlstrlct accondlngly. Motlon seconded by Councllman Johnson. On the questlon, Actlng Chalrman Martln stated hls preference to meet in study session prior to reachlng a determLnatlon to p:roceed. Tho motlon above stated was thereafter approved on the followJ.ng r.o11 call vote: AYES: NOES: ABSENI: COUNCILI*IEN: COUNCILMEN: COUNCILMEN: C:rosby, Johnson, Lorenz, llorgan Martln None RESOLUTION NO.2-62 IIA RES0LUTION OF DETERI{INATION , UNDER DIVISION D ;IIGIII.{AYS CODE, TO PROCEED l,fITH PROCEEDINGS FOR ACQUISIT]ONS AND II4PROVEMENTSBROADWAY PARKING AND LIGHTING DISTRICTIIwas thereafter Lntroducod for. passage by Counc ilman Mongan. Motion seconded by Mayo:r Lorenz ancl unanlnously carrled on ro11 call vote. ADJOURN],IENT The meetlng was thereafte:r regular.ly ad.journed at 10:20 p.m. Respectfully submltted, I{ERBERT K.1'-lE, Clty Clerk APPROVED: o PRO TEI*IPORt, I