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HomeMy WebLinkAboutMin - CC - 1962.02.05Burllngame, Californla February 5, a962 held on Councilman 401 CALL TO ORDER A negular meeting of the Burlingane above glven date. Meetlng called to Byrd tn the Chab. PLEDGE OF ALLEGTANCE At word from the Chaln, al.lthe Pleclge of Allegiance to City Councll was heLd on the order at 8:0! p.m., - Mayor: in the Council Chamber" the F1ag. arose and gave ROLL CALL Pre s ent Abs ent MINI]TES - Councl-1men: Byrd- Johns on-Lor.enz -Martln-Morgan - Councllmen: None PREVIOUS PEETTNG The nlnutes January 1!, Johns on and of the prevlous meetlng of the Clty Councl1,'LQ62, were approved and adopted on motlon of seconded by Councllman llar tln. IMARTNG E. C. SIGNAROWTTZ APPEAL: CONSTRUCTION GAS STATTCN fPenlnsula Ave. 6 Dwlght Rd. - R-3 Zone ) The Mayor announced that thts was the time and place scheduled to contlnue the hearlng on the appeal of E. C. Slgnarowltz, who, by Plannlng Comrnisslon actlon, was denled a variance to pernit the constructlon of a gasollne statlon on his property at the cornerof Dwtght Road and Penlnsula Avenue, zoned R-l (apartment). The Chalr recognized Mr. Signarowitz, who advlsed that the plans fon the proposed gasollne statlon as requested by Council, are aval1ab1e. fn cornmentLng on hls appllcatlon for a vanlance, 1,1n. Slgnanowltz stated that Penlnsula Avenue 1s developing rapidlyboth on the Bu::llnqarne and the San Mateo sldes of the stneet andwlth the thlrty acie sLte of the Col1ege of San l{ateo, the rrcomplexlonrl of the property has changed and 1n hls oplnion, the corner in questlonls a natural ono for the locatlon of a gasollne statlon as proposed. M::. Slgnarowltz advl-sed further. that lt was the ol1 conpany executlves who approached hlm wlth the proposal to construct a servl-ce statlon. Mns. Slgnarowltz conffu.med the above statements and lndicated hen appnoval to the proposed project. I'1r. Kt, che:r, dLs trlbutor and representatlve f or the Hancock 011 Co:'apany, displayed a plot plan of the statlon, advislng that the structure w111 be constnucted of used brlck and glass with a shakeroof, a slx foot basket-weave wa11, attractlve plantens appnopr.lately placed and that the placenent of the statlon wl11 not lnterfene wlththe pedestr:lans I r,lght-of-way on Peninsula Avenue. The:.e being no pexsons appearlng to speak in favon thereof, the Chal:r invited opponents to present thelr views. A. E. Elmgr.een, 16 Dwlght Road, lni.tl-ated the dlscusslon by the opposltlon, statlng that the tnafflc on Peninsula Avenue r.rould increase the curnent hazard and a gascline statlon constructed ln area would not improve property values on Peninsula Avenue and on Dwlght Road. John Ibsen, 12 Clarendon Road, expressed hls objectlons and questloned whether othen commodltles would be sold ln connectLon wlth the operatlon of the statlon. I4r.. Klncher, dlstr"lbutor, advised negatlvely. Pursuing the questlon further", the Plannlng Consultant advlsed thst the ordl.nance stlpulates that the operatlon of agasollne station ls llmlted exclusively to the nretall distrlbutlon of gasoline, ol1s, greases, tlres and batter"les...n 402 Funthen objectlons were entered by Anthu:: Lundqulst, 10 Clarendon Rd, Edward S. Coakley, [08 Penlnsula Avenue, ]vlrs. Wtlllam Brigham, 22L, D$r 7ght Road, Flrs. A. E. Elmgreen, 16 Dwight Road, ChailesA. Wilson, 1! Stanley Road and 1rI. P. Burgess, t8 Dwlght Road. It&.. Signanowltz, in reply to pr.otests, stated that sixty per.centof a1l servlce stations ane located adjacent to nesldentlalpr"opertles; nesidents appr.eciate having a neighborhood statlonto trade with and lf a nulsance should occrlr, ther:e are lawsto control the complalnt. At the r.equest of one of the -protestants, a show of handslndlcated nineteen persons withln the rrf lve hundr.ed raciusrt wereln attendance to protest the constructlon of the gasoline statLon. Questions directed by Councilman l"Iartln to ,".1r. Kfu.cher, and hisreplles referred to the Plannlng Consultant, indlcated that s ornefeatures of the proposed station were contrary to Planning Connnis-slon policy and in confllct with ordinances affectlng R-1 andR-l Zones. Councllman Morgan questloned whethe:r he was cor:rect in hls under- standing that a sinilar applicatlon had been denled owners ofproperty located dfuectly across the street and lf so, would Council be Justlfied in grantlng a varlance on this occaslon. A reference to an entry in the mlnutes of the Plannlng CommlssLon, Novembe:: 27, 196l, recorded that a statement was made that anapplicatlon was denied f lve years prlor; subsequent r.ecords dldnot indlcate, hor,rever, that the subJect was hear.before the Clty C ounc 11 . Councllman Lorenz observed that conslderable changes have occurnedln the area durlng the past five-year perlod and wlth tlre construc-tion of the bay front hlghway, Penlnsula Avenue w111 be one of the few through hlghways and ln his opinion, property valuatlons w111 not depreclate. Councilman Johns on stated that 1n hen oplni-on, the constructlon of an attr.actlve gasollne statl-on would be an asset to the nelghbor- hood, the locatlon ls appropriate and lts openatlon can beproperly control-1ed. Counci.lman Martln ca1Ied attention to the provlsions nequlred to be met prlor to grantlng a variance, particularly referrlng to. the clauee that trhardshlprr must be lndlcated with evidence presented. fn addltlon, Councllman Martln contlnued, one of the requlremgntsperni ttlnE the cons tructlonftboth s ia6s of the s tnee t r:rudlstrlcts.r The propenty ln the stneet is Zoned R-I and jus tify nJumplng four zones gasollne s tatlon. tr Concluding hls statements, Councilman Martin recommended that the request b5 Cenled on the ftmerits of the casen and for the reason th;t the appllcant has failed to show nhardship.n Foll.owing a brief dLscusslon, wtreneln Council concr:rred, lp genoral, that no 6vidence was present6d to substantlate a nhardshlp' p1ea, the Chaln entertained a motlon that the lssue be nesolved and declar.ed the hearl,ng concluded. Councllman Martln moved that the applicatlon for: per4lssion to construct a gasoline station be denled, seconded by Couneilman Morgan and caried . Mayor Byrd, ln commentLng on the pnoblems presented to Councll on prior olcailons affecttnf tne area, suggested that a truriform ippnoachtr be taken by the pnoperty owners reslding ln the area. of ^+ q LN to a. gasoline statlon provides thatbe ln either cornnercial or industrLal uestion ls zoned R-], property across h!-s opinlon, clrcumstances do not pnovide for the constructlon of a 403 A recess was de clared agaln ca11ed to order bv at the Chaln 9:30 p.n. at 9t2O p.m. and the meetlng A corornunlcatlon dated Febnuany 2, L962, from the Clty Managen, advlsed that the Tdeal Cement Company has lndlcated 1ts wl111ngnessto grant the Ctty an easement for. the constructl"on of a proposed berm and reeomrnended that the Clty Attorney be au.thor.ized to prepare the appropr"iate documents fon srr.bmlsslon to all parties concerned. The Ctty Attorney wab so author:lzed. 2. BEARINT PROPERTY IMPROVEI'ENTS A conmunLcbtlon fr.om the Clty Managen, dated February 2, )-)62,referred to a comnunlcatlon wrltten ln behalf of Mr'. and Mr.s. B. I.Bearlnt, and nequestlng an extenslon of tlme ln which to complete lmprovements on the property of the latten, held pending because oflitigatlon proceedLngs . The Clty Manager advlsed that' the nequest appears too lndeflnlte togrant and recommended that lt be neJected but that the appllcant be granted an opportunlty to be heard. Councllman Morgan moved that Councll concur, seconded by Counc l1raan Mart in and unanimously caried. ?. REPORT ON RECAPTTI'LATTON OF CAPTTAL IMPROVE].'1ENTS A communlcatlon from the City l'1ana6er, dated February 2, 1952, sub-mlttlng a recapltulatlon of the s tatus of the Capltal Tmpnovementpr.ojects Council has approved for the expendltur.e during the 1961- 1962 flscal period, was acknowledged as a progress report. The Clty F1anagor" advised that a repont wll1 be rendened on the Cltyrs cr:rrentfinanclal status pending recelpt of the 1961 quanterly sales taxreport. 4.STREET NAI,]IE COI\TUSION - MILLS EST.4TE NO. 19 5. WILLTAM A WI{TFLER, ARCHITECT, EMPLOYED A communlcation from the Clty Manage::, dated February l, l)62,notlfled Cor:nc11 that Mr. Wil1lala A. 'tihlfler has lndlcated hls willing- ness to undertake a study of the proposed redeslgn of the City Ha11 and adJacent Pollce Statlon. ft was reconnended that Mn. Whlfler be retal-ned wlth speclflc stl-pulatlons. Councll concurned on motion of Councllman Martin, seconded by Councilman Lorenz and unanlmously 6. MILLS ESTATE NO. ]-9 TENTATIVE MAP .A,CCEPTED A communLcation dated January 26, 1962, recelved fr:om the Plannlng Consul-tant, advlsed that following a public hear.ing on January 22, 1962,the Plannlng Commlssion unanirnously approved the tentative map of Mi11sEstate No. 19, includlng the Ereater portlon of the urdeveloped area and recommended that the Ctty Councll concur. A communlcation from the City Manage::, dated Febnuary 2, L962, eon-cernlng a confusion in the names of streets in ML11s Estate Sub-divislon No. 19, was rreferred fon dlscussion unden Agenda Iten IIo. 6,trliills Es tate No. 19 tentative map approval.rr Refe:rrlng flrst to the neported confusion ln a nane of one of thestreets ln i{111s Estate I{o. f9 (West Murchlson }rtve) Councllman Morgan recommended that nEunt Drlvett be consLdered in honor. of A11an F. Eunf, a 1-ong-tlme member of the Clty Councll and Mavor of the Clty of Burllnaame. n.au]a aJ 404 Councllman Martin concurred ln the recommendatlon, provided nofurther ccnfusion of names was created. The City Attorney advi'sed that if the map ls approved, ltbe done upon the condition that the stneet name ls changedthe name ls appnoved by the Fire Departrnent. s hould and that The Planning Consultant, ln presentlng the map, advised that inorder to provide an access from Marganlta Dr:lve to the cul-de-sac on Escalante Way, a ten foot, rather than a flve foot pedestrian way has been proposed. The walk-way would be an easement only andno impnovements would be required. Ed Arnold, member of and representing the Recreation Commlssion,ln cornmenting on the donatlon to the City of 3.9 acr.es for park pur.poses exhlblted diagramg deslgned to indicate the placementwithln the pa:.k ar:ea, of a baseball dlamond, a basketball court,two volleyball courts, tennls cou::ts, a buildlng structure and aplay a::ea, submltted as suggested uses for the park area. Comnissloner Annold recorrnended that Lot 16, adjacent to the pa::kslte be considered fo:: pu::chas e by the Clty. Some dlscussion arose on the knowledge that 'a fine statlon will be requlned ln the area ln the futur.e. Cor:acilman luiorgan recal-Ieda prevlous understandlng waer.eby the Ctty would receive propertyfor a flre statlon in the area. Councll members expressed reluc-tance to request a fi:rther contributlon of land from the developer"s. fn reply to Council inqulry lrhe ther the 1ot pnevlously t:eferredto may be reserved for a perlod of one year prLor to Councllls fl-naI declslon, lu(r.. A. R. Ml11er, proJect manager, ln attendance, lndlcated that it would be favorably considered. Followlng further dlscusslon on the subject of providlng a nec::eatlonal par"k, a branch 1lbr.ary and a branch fire statlonfacl11ty for the },Ill1s Estate ln the future, Councilman MartLn moved tha't the tentatl-ve map be app:roved, includlng the wldeningto ten feet of the publlc easement for a walkwalr and the change 1n the street name to avold a confuslon of street nanes ln the Mi11s Estate. The notion was seconded by Cour:cilman i4organ 'and unanimous 1y ear"rled . Councllman Martln moved that the City }lanager, ln confenence wlth the Trousdale Constructlon Company, the Board of Fire Underu'rite::s and the Chlef of the Flre Department, select a bran ctr flre statlonln the Mi11s Estate; thet the City Manager ascer"tain the wlshesof the Llbrary Board lri establishing a br.anch llbrary ln the Mi11s Estate and, that the City Manager obtaln the plans of the Recr:eatlon and the Park Commlssions on the development of the park area in the Ml11s Estate. The notion was seconded by Councilman Johnson and r:aanlmous 1y carrled. 7.IMRCY HIGE SCHOOL RE: STUDEM GO'/ERNMENT DAY A communlcation from Catherlne'Riordan, Presldent, Assoclated Students, Mercy Hlgh School, dated January 22t 1952, requesting that students of Mercy High School be included ln Student Governnent Day, was acknowledged. Councllman Morgan moved that the nequest be g::ae ted and that a speclal day be reserved fon the students of Mercy Hlgh School, seconded by Councilman Johns on and canried. B. PARK IMPRO\,MMENT CLI,B ATTE}IDANCE A communLcatlon from the Burllngame Park January 16, 1962, notifylng Council that sha1l attend all public meetlngs of the' TLre presence of A. S. I{orwltz, member of acknowledged. fmprovement C1ub, dated a representatlve group City Counc11, was received. the assoclatlon was 405 9. BROADWAY OVERPASS TRAFF'IC HAZARDS A communicatlon from the Chamben of Commerce, dated Januar.y 31, 1962, advlsed that a letter has been dlrected to the attention of the Asst. State Highway Engineer., urging earfy expedltlon of the B::oposed r"e- deslgnlng and rebulldlng of the Bnoadway Over:pass and Bayshor.e Freelrayin Burllngame and requestlng Councll to use every lnfluence to fD?ther.the r.apid connection of the hazandous trafflc conditlon. Councllrnan Mongan moved that the City l4anagen be instructed to address appropr.late cornmr:nicat lons to the Asst. Elghway EngineenDlstrlct IV, Senator Rlchard Dolwlg and Assemblyman Louis Francls, seccnded by Councilman Martin and unanimously carnled. RESOLUTIONS RESoLLIIIoN N0. 8-52 rrOrderin g and Calling be Eeld in the OiEy of Burllngane on Apr.i1 Places and Deslgnattng Election Offlcerstr a Municipal Electlon tolO, 1-962 i Provldlng Vottng was lntroduced by CounclJ.man Bunllngame Requesting County Clerk of San Mateo County to Rende:: Speclfled Electlon Senvlces Pursuant to Sectlon 93Bh of the Electlons Code (And To Furnlsh Votlng ?Iachlnes)n was lntroduced for passage on. notion of Cor:ncilman Lorenz, seconded by Councilman Martin and unanlmously carried on ro11 cal1. To The Souther.n Paclflc Company, a Corporatlon, To Construct and Operate a Spu:: Track Across Davld Roadtt was lntnoduced by Councilman Mor.gan, who moved its passage, seccnded by Councilman Martin and unanlmous ly carrled on no11 caII. RES0LUTION 110. 6-52 nAuthorizI ng the Executlon ad Issuance of a Pernit Johnson, who moved lts passage, seconded by Councilman Martin and unanlmous1y carrled on no11 ca11. IEOqLI]TIOII NQ, 9:62 nResolution of the Clt y Council of the Clty of RlisqlqrroN No. 7-52 tlAuthorizing the Executlon and f -q suance of a Per.mfi to the SouEfurn Paclfic Company, a Corporatlon, Te Construct and Operate a Drl11 Track Across Davld Roadn wes lntr.oduced fon passage on motlon of Councllnan Mar.tln, seconded by Councllman Johns on and r:nanlmous Iy carrled on no1l call . ORDTNANCES - Conslderatlon theneof : CRDfNAIICE N0. 750 rAn Ordlnance A UnInEaEIteA-Tet"1"Ttory, De s i gnated the Clty of Burllngarnerr was glven of Councllman Johnson, seconded by passed lts second neadlng and was pprovlng the AnnexatlnEngstnom and Ott Pro lts second readlng an Councilnran MartLn, s adopted by the fo1low on per of Certalntiesn To pon motlon Ord lnance vote: du ai.d lng Ayes : Cor:ncllmen: Byrd-Johnson-Lorenz-Martln-Morgan.Noes: None Abs ent: None UMIN]SI{ED BIiSlI\ESS 1. NSPACE SAVINGII LTST Councllman Johnson advlsed that she was 1n receipt of a 1lst of Itspace- savlngn items from J. Ed McC1e11an, Chairman, Civlc Center Commlttee, appolnted several years ago, with the suggestion that the llst bereferred to Mn. Whlfler, Archi-tect, for the redesign of the Clty Ha11 and adJacent Po11ce StatLon. The Clty Manager was requested to submltthe llst tc the Archltect. SATETY & TRAFF'TC COIfl,lTSSlO}i STIIDY IION-STREET PARKTNGII Refenr'lng to a recent copy of the Health, Safety & Traffic Corn:rllsslonminutes, wherein 1t r*as recorded that the subJect of tt On-S tree t'' andItOff-Street Parklngn was tabled penClng the final f or.matlon of the proposed Dor'mtown Par"klng Dlstrict, Councilman Mar.tln necornnendedthat the Commlsslon be encor.r,aged to contlnue its study and lnvesti-gatlon of non-Street Par"kLngr" in an effort to coordlnate the or"dln- ances currently in effe ct. 406 The Ctty Attorney advised that the suggestlon was tlmely, lnasmuchas a recodlflcation of the Cltyts ordinances ls cunrently lnprogress. The Clty Manage? was requested to so advlse the Commlss 1on. 3.BALLOT PROPOSITTONS Tn reply February exp lre dlnstructions for measr:res ottrer than bond lssues should be sub-nltted on this date. to in Councllman lt{organls request at the adJou:rned meetlng,1962, tlne Ci-ty Attorney advised that the tlme haswhlch to place bond issues on the Apr11 ba11ot and l+. 5 Councilman Mor.gan refemed to his previcus lnqufu.ies concennLngthe effect the lmprovemen ts proposed for the Keyston propertlesshall have on the development of the Cltyrs shorellne proper.tles. Ii'Ir. A1 Horwltz, Recneatlon ConmissLon :rember, advlsed of .hls concernwlth the report that the County of San Mateo, through condemnation pnoceedings, may acquire one hundred fonty acr.es of shorellneproperty within tho Ctty of Br:rlingame. (Geo. N. Keyston pnopertles. ) Following considerable dLscusslon, the Clt5r Manager was requestedto nepresent the lnterests of the Ctty at a meeting scheduled February 8, 7962, by the San Mateo County Recr.eatlon Cornmission. KSTSTON PROPERTJES SHORELTNE PROPERTTES . RULI}IG REQL'ESTED ON CONTRTtsUTTCI\T OF 'IFOODN Councllman Morgan I s coietribute, d onate was ref emed to the lnqulry concernlng the legality of the City toor frrrnish nfoodn [o an lndividual or lndlviduals,Clty Attorney for clar:lflcat ion. 1. HULSE ASSOCTATES, INC., RE A communlcatlon dated Febr"uary 2, 1962, was received from l{ulseAssoclates, fnc., pnoposing the exchange of a flve-foot easementof lts property for a two-foot strlp of a clty-owned drainagedltch adJacont to the southerly llne of Lot 10, Block !0, EastonAddltlon, f or a building ir',rprovement purpose. The nequest was refered to the attention of the Plannlng Conmisslon, on motlon of Councllman l.lorgan, seconded by Councllman Martin and unanlmously carried. A memo frora the Clty Manager, dated February 5, 1962' advl-sed that because of the difficulty experlenced in locating housing in the Clty, if Council has no objections, firenen will be permltted to extend tl.eLr external 1lvlng bor:ndarles lmmediately outslde the conflnes of the City of Burllngame. A map dellneating the bound- arLes accompanied the cornespondence. A br:lef dlscussion concluded wi t'tr a motLon lntroduced by Councl1man Mantln that the subJect be neferred to the Cl'vll Senvice Commlsslon for consultatlon wlth the Chlef of the Flne Departnent, seconded by Councilman Morgan. Tho vote was neconded as f o1'1orqs: Ayes : Councllmen: Bvrd-Marrtln-i{or"gan Noes: Councilmen: Johnson-Lorenz 3.C ITY HALL OFFTCE SPACE Councilman Mor"gan suggested that Council SiYe - colslderatlon to "o""""tf.g the"off l cE-re cent ly vacated by_Clvl1 Defense personnel to house in office for the Planning Consultant' 407 l+.PERSCNNEL SALARY RUI,TNG Cor:ncllman Mongan, in neferr.lng to the proposeC San Canlos Pollie and FLrements lnltiatlve measure to place a salar"y lssue on thebaIlot and the nuling that the lnltiatlve would be an i1lega1delegatlon of 1ocal authonlty, questioned the fa1ld1ty of the North County Councll of Cltles actlon ln establishlng a nUnlform Wage Scaler for Clty employees 1n North San Mateo County. Counc l1nan Jo the next meet Febnuary 28, hnson advlsed thst the subject will be dlscussed at 1ng of the Nonth.County Councll members, scheduled 1 oA) A\DREW C. BYRD, Mayon Councllman l,Ior:gan, repor.tlng on hls attendance at a recent meetlngof the Burllngame Chamben of Commerce, observed that an indus tr'1a1 survey, copies of whlch w111 be circulated throughout the Unlted States, refers to the Clty of Bur1l-ngame as havlng the rtlowest industr.lal property tax 1n San Mateo County.n /nr/rc,,6, Mayor. Byrd, on behalf of the Counc11, commended the Planning Consultant and rnember.s of the Plannlng Commlssion on the conpre- henslve annual neport recently subnLtted to Councll. ADJOIIRN}MNT fhere belng no fu::thor. buslness, the meetlng was negularly adJour:nedat LL:55 P.M. Respectf u11y submltted, I,{HTTE, Clty Clerk APPROIED: