HomeMy WebLinkAboutMin - CC - 1959.11.16B8
Bu::I1ngame, Callfornla
Novemben 16, 7959
CALL TO ORDER
A regular meeting of the Burllngame Clty Councll was held on the
above glven date. Meetlng caIled to orden q.t B:00 p.m., - Msyqr
Johns on ln the Chalr..
PLEDGE OF ALLEGIANCE
At word fnom the Chaln, allthe Pledge of A]leglance to
ROLL CALL
1n the Councll Chamben arose andthe F1ag.
ga ve
Pre se nt
Abs ent
- Councilmen:
- Cor:lc l1men:
Bynd- Johns on-!,longan-Rooth
Thayer ( Cormcllman Thayer: was e xcused untl1her appearance at B:10 p.rn. )
MTNUTES PREVIOUS MEETING
The mlnutes of the prevl"ous meetlng of Novemben 2r 1959t submlt tedto Councll we::e unanlmously approved and adopted on rnotlon of
eouncllman Eooth and seconded by Councllrnan Byrd, wlth the followlngcornection noted: under trArc Wiy var:iance treinlngtt - ttMayor Johnson
announced that ln additlon to conmunicatlons, stre had, by telephone,talked wlth i'{rs. Harrie t Peter, Mar:y Uane Foltz, i,Irs. Mar lan Pedeuboy
and wlth a woman fr:orn Fairflelci Roa$; and Mr'. Meyen nequested and wasgranted the prlvllege of a neetlng."
The mLnutes of the adjourned meetlng of November. l+, 1959, submt ttedto Councll were unanlmous 1y appnoved and adopted on motlon of
Cor:ncllman Rooth, seconded by Councllman Byrd, wlth the following
amendment noted: under rrUnf lnlshed Business" - actlon on theproposod abandonment of a Sewer: Easement as lndlcated on Subdlvlslon
Map No. !, Burltngame Park, was trcontLnuedl pendlng recelpt of
documents.
}IEARINGS
I. COUNCIL DECISION RE: ARC WAY APARTMEM HOUSE VARIANCE
Mayor Johnson announced that thls was the tlme and the p1ac6 s cheduled
by the Councll to ::enden lts flnal declslon on the rnatter of the
pr"oposed enectlon of a ten stony apartnent on Anc Way end E1 Camlno
ReaI , appnoved on a var.iance gnanted by the Plannlng Cor,misslon and
subsequontly referred to Councll on appeals.
The Chainstated that a 1ega1 polnt has arlsen and the City Attonney rras
theneupon r.equested to advlse the Councll of the appropriate course of
action to pursue.
The Clty Attorney advlsed that a dlscus-<ion durlng the necent Councll
study meetlng dlsclosed an apparent defect ln the glvlng of notlce by
the Plannlng Commisslon; that a notlce of heanlng shoul-d have been
publlshed in addltlon to the givlng of notlce by mail.
The Clty Attorney further advlsed that tt was the unenlmous ,:econmenda-tlon of hls offlce, the attor.ney for. the appellants and the attorney
for the appLicant that the subJect matter be refenned to the Plannlng
Commlsslon, that e 1ega1 notlce of hearLng be publlshed and that a
heanlng be conducted subsequently.
Cor:ncl1man Rooth thereafter moved that the Council concur with the
ne corrnendat ions of the attorneys and that the subJect ln lts entirety
be nefenned to the Planning Commissjon. The motlon was seconded by
Councllman Byrd and a noll- call voted reconded as follows:
39
Ayes:
Noes i
Absent
Counc 1lmen:
Councl lmen:
Colmcl lmen:
Bynd - Johns on-Morgan-Rooth
NoneThayer' (Councllnen fhayer appe ar.ed at the
meetlng prion to the next negular. ondenof bus lness )
2. CONTINIIED HEAR]NG RE: TWO HOUR PAM(ING LIMIT ON PALOMA AVENUE
Mayor Johnson announced that thls ras th6 tlme and the place s cheduledto contLnue the heaning on a petltlon roquestlng the establlshment of
a two hour panking llmltatlon on PaLoma Avenue, between Broadway and
Canmelita Avenues.
Mayon Johnson recalled that at the last meetlng, the hearlng rasiontlnued to pant the opposLtlon an opportirnlty to pr.esent a f ormal
protes t.
In r.esponse to the Chab r s lnquky, Mrs. Cha:rleg Kunz e 1151 Paloma
Avenue, flled a petitlon beerlng the slgnatures of twenty-seven
nesidents of the 11O0 block of Paloma Avenue, u::glng that actlon be
denied fon the proposed two hou:r. panklng 1lntt.
Coneurrlng 1n the necommendation from the City Managen, that fu:rthen
tlme be penmitted to lnvestlgate the matter, the hearlng was
contlnued to the regular meeting of the Cor:ncl1, Decemben 7, 1959,at which tLme both the proponents and the opponents may be heard.
?.
PNOPOSED RECLASSTFICATTON PROIERTY ABUTTING PENTNSULA AVENIIE
Mayo:r Johnson ennounced that thls was the time and the place scheduledto cnnduct a hearlng on a proposed neclassiflcatlon of real property
bondering R-l zoned lots facing Penlnsula Avenue b6tween Dwight Roadto and lncludlng Anundel Roadr befone the Councll on an appeal fr"on
the declslon of the Plannlng Comrnission.
A conrnrnlcatlon dated October 27, 1959, lras read from the petltloners,
Eugene C. Slgnarowltz and frene Gough, ln behalf of property owner.swlthin the area, appeallng the decls lon of the' Plannlng Conrnlss lon ln
denylng the r.eclasslficatlon. The appeal ras based on the contentlonthat the rezonlng of the seven key lots ln questlon, to an R-3 zonlng
would permlt the same t]rpe of constnuctlon and occupancy that ls
curnently being pennltted on the Lots faclng Penlnsula Avenue, thelatter. of whlch were rezoned to R-J by the City appr.oximately slxyears a.go.
A l-etten dated November 13, 1959, fnom the Clty Managen, advlsed ln
pante tr .. About half the menchants eontacted ane fon the parking
ifdts and the other half are agalnst the pa:rklng Ilmlts,tt and tLatItmone tlme ls requested to chec[ on the rnatten for additional neport.'l
A c ommunic
mLssion se
advls lng t
ind lcated
pr.operty. "
atLon deted Octoben 29, l-959r was read frorn the Planning Com-
ttlng fonth reasons for sald denial of applicatlon andhat the appllcants upon belng questloned by the Corunlsslon,"no unaniml ty of intentlon for future uses of thelr
A communicatlon dated Octoben 30, l-95,o, rras read from the Clty
Managen, stlpulating Councll requlnements to conduct a hear.lng uponsald recortrnendat ions and appllcation.
Eugene C. Slgnarowitz, ln response to the Chain rs invltation, ulged thegnantlng of the reclas s lf lc ation and noted that no protests were receivedelthen ln wr.ltlng on verbalLy at the time the epllcation ras before the
PlannLng Consnigsion. liln. Slgnarotltz predlcted that the pantlng ofthe nequest would cneate an lncenttve to improve the pr:esent properties
and incnease bulldlng lntenos t.
40
Mrs. lnene Goughr also spoke 1n support of the neclasslflcation andadvised that petltloner.s are of the oplnion that a rezonlng rrould
c]?eate Lncreased values fon t axation puraposes. Mrs. Gough clar.lfledthe posltlon of the petitloners, stating that sinco the liear.lng befor"ethe Planning Conmission, a more deflnlte unanlmlty of lntentlonhas been e s tabllshed.
M:rs. Gough stated that the additlonaL depth of the "key" lots lnquestlon togethen wlth the Penlnsula Aveiue fnontage r6u1d permlt a
more dsslr"able development ofthe prroperty; that if the property xereI:eclassified to per.mit apar.tment constnuction and its contnol ne-tained by the Plannlng Commission, a more appropr.L ate development
and a less likellhood of conversion of o1d houses would occur.
In r:esponse to lnquirles of the Councll, the Plarrnlng ConsultantlIlustrated, by a sketch of the lots ln questlon, the current use ofthe property, statlng that the area ls strictly in an R-1 Zone, wlthseveral propertles l11ega11y converted and several unden a non-
confonmlng use. The Plannlng Consultant s tated that the Clty wouldrelinquish lts control of the property if :.ec1ass j.f ied as an R-l zone
and enable an applicant to convert hls home into an apartment house.
The Plannlng Consultant advlsed that the Plannlng Conunisslon'bad
noted that many of the pr.openties on Peninsula Avenue are cunrently
occupied as slngle-famlly dwe11lngs although the erea ls zoned as R-3
and members uere of the opinion that a sufflclent number of pr.opertles
are zoned R-l in the area at t:]e pnesent tlme. The Planning Con-
sultant ne commended considenabl-e study.
CouncLlman Thayer expnessed her appnoval to the proposed reclasslflca-tion, stating that the potentlal establlshment of the County Court-
house on the pnesent site of the San t{ateo College propeDty, a}ters
the futu:re outlook of the district and that ln her. oplnlon, the
pnopenty is too valuable to be netalned as single family dwe]Ilngs.
Consldenab1.e discusslon arose on the subject of reclassifylngpnopertles in nelatlon to the City retainlng the right to controlthe constunction of new bulldLngs and the conversion of o1d
bul ld lngs .
A suggestlon advanced by Councllman Byrd that appllcants eppear
indlvldually before the Planning Commlssion to submit thelr requestsin the form of a variance, was generally concurned in by other
membens of the Counc 11.
For pur"pos es of clariflcatlon, the petltloners wet'e advlsed that
1n onden that the Clty may malntaln control , a variance was more
approprl-ate in thls lnstance and that upon approval of a varlance,
the appllcant may apply thereafter fon a rezonLng.
Fol]owlng furthen discusslon, Councllman Rooth moved that the Councll
concur wtth the recommendatlon of the Planning Commission and that
the request fon a recJ.asslftcatlon of real property bonder'lng th9 R-3
zoned iots faclng Peninsula Avenue fnom Drlght Road to and lncludlng
Arundel Road, be-denied. The motLon was seaonded by Counc i16gp Byrd.
A noll call vote was reconded as follows:
Ayes : Councllmen: Byrd-Johnson-Morgan-Rooth
Noes: CouncLJ.men: Thayer'
Absent Councllmen: None
COMMUNI CATTONS
1.]NSTALLATTON OF EIGHT INCH I,JATER MAItrS ACCEPTED
A communlcation dated November 73, 1959, was read fro6 tr[e Cltf,
Manager, recommending that the lnstallatlon of the eight inctr water
matni on Pa.k Road, dalifornla Drlve, Donnelly Avenue gnd Prinrose
Road, satlsfactorj iy completed by the E. T. Haas Company, Novemben 9r
19t9; be accepted. - Councilman Hooth moved that the Councll concun,
seconded by Councllman Byrd and r:nanimous 1y carried.
41
Z HOWARD SI'NDBERG APPEAL:VARIANCE LOT lr8 MILI-S ESTATE
A comrmrnlcation dated November A, 7919, fr)Fr:ancisco bullde:r, appeallng the ddcislon o
mLsslon in denylng a varlance on Lots [J anEstate No. 13, was acknowledged and a pub1l
Decemben 7, 1959.
NIIft
dl+ch
owa:d Sundbeng, Sgn
he Plannlng Com-
B, Block 36, Ml1ls
earlng s eheduled
3. RESI'EST NATIONAL ASSACIATION FOR RETARDED CEILDREN
A conqnunl cat ion fr:om Wl11lam V. Regan, J:r., Pnesldent, PenlnsuleAssoclatlon fon Xetarded Chlldren and'Adults, dated November. 10,
1959, nequesting permlsslon to sollclt the mor:chants of the Sttyof Bu:r1lngame for the purrpose of displaying posters together wjtheoln container:s for the Annual FurTd Ralsing Drive, commenclng
Novemben 15, 1959, was referred to the Chamber of Commer:ce.
RESOLUTIONS
A coromunl eat lon from Ernest A. Wl1son, Attorney, representlng the
1aw f lnm of Kfukbrlder l{ lIson, i{anzfeld & Wa1lace, dated Novemben 12,
1959, addnessed to the Ctty C1enk, was recelved, concernlng the
submlsslon to Councll- of a trnesolutlon of Intentlon to Vacate Por.tions
of old Bayshone Hi.ghwayrl and propos in6E the abandonment of the north-
eastenly and the southwesterly 2Oa{ feet of 01d Bayshor"e Highway
between the nonthenly boundany of the City of Burllngame and the
Mills Cneek Channe 1.
Considenable dlscusslon arose on the subject. Cor:nc1lman By:rd necalled
pnevlous actlon taken by the Councll in declar.ing that portion of
the Bays one Hlghway, relinqulshed by the State to the Clty, a stneotof maJor lmpontance; the neduction ln wldth from 12$ feet to a widthof Bl+ feet; and the intentlon of Councll to dlspose of the excess
!1 feet by sale or terms favorable to the Ctty of Bur.1lngame.
Councllman Byrd exprersed hls opposltlon to the abandonment by theCity of the pnopenty in questlon, antLclpatLng that a w!.de, tnee-
lined boulevand may be constructed in the futu-::e.
In nepEy to Councll lnqulnles, the City Attorney, ln some detalI,
?elated pr.ior. histony wher.eln the State Divislon of Hlghways was
g:ranted ntght of way prlvllege'to use portlons of property owned
by the M11ls Estate (now owned by Atlantic Llfe Tnsurance Company)
and p::operty ouned by Ansel Easton for state hlghway construction
purposes, with a revlsionary tlause thab said constructlon eommencewlthin a five year" per.lod and the subsequent rellnquishment of the
proper.ty )o1d Baystrore Hlghwry) by the state. The Ctty Attor.ney
advlsed that the current status of the City relatlve to the rlghtof wry gnant ls not c1ean.
Councllman Rooth expressed hls obJectlon to the proposed abandonment
and th:rough lnqulrles dlnected to the Clty Englneer by Councilman
Rooth, the Councll was advLsed that the entine J,25 foot width of
roadway to the nor.th of Ml11s Cr:eek ls owned by the Atlantic Llfe
fnsurance Company; that culrbs, gutters and sldewalks have been
lnsta11ed withln the East Ml11sda1e Unit No. 1 portlon of the area
and shalI be installed lrtthln East Millsdale Unll No. 2. The Clty
Engineer advlsed further that no l"mprovements have been constructedwtihln that portlon of the hlghw ey owned by the heins of the Ansel
Easton pr.opentles.
James T. Mor.ton, Attopney, reprssentlng the 1aw flrm of Klnkbrlde,wilson, HanzfeLd tr Wallacer for purposes of clarlflcation, advlsed
that ther.e ls considenable questlon r.e gar.d ing the tltle because ofthe llrnltation imposed ln the original grant. t'lp. Morton furthen
advised that the creatlon of the East Ml11sda1e subdivisions necessitated
the nelocation of the Paclflc Gas and Electric Companyts lines and
that the proposed abandonment l-s one of the final ter.ms 1n the
settlement bethleen the property owners and the Pgcific Gas 8r Electnlc
C ompeny.
42
Following a b:rief dlscussion, ln whlch membens of the Councll expressedthelr reluctance to rellnquish the property, no actlon was taken onthe aforementioned ttResolutlon of Intentlon to Vacate Portlons of
OId Bayshone iiighway. "
RESOLUTfON NO. 3h43_rrA r:esolutLon Approvlng Centlflcate of
@aJrment, Mt11s Esiirte uol 15 and Mi11s Estate
No. 17" was lntz.oduced fon passage on motlon of Councllman Bjn d,
seconded by Councllman Rooth and unanlmous 1y canried on r"o11 c411.'(Progress payment on constnuction work on two smal1 subdivlsionswlthtn Mil1s Estate No. 15 and No. 17)
of Uninhabited CohtLguous Tenritor.y Designated as rl,ands of Flr-Lean
Companytr was given its second reaailng aid upon motlon of CouncilmanByrd, seconded by Councllman Rooth, said 0rdinance passed lts secondreadlng and was adopted by the followlng vote:
ORDINANCES - Conslde:ration of:
9EDINA!{CE NO. 706 rrApprovlng Annexatlon to the City of Bu!.1lngame
Ayes : Councilmen: Byrd-Johnson-Mor.gan-Rooth-ThayenNoes: Councllmen: NoneAbsent Coulcilrnen: None
I]NIINISI]ED BUSINESS
1. ABANDONI,IENT SEWER EASE}'{E}flI IIURLTNGAME PAFK .N0. 5
Actlon on the proposed abandonment of a Sewer" Easement as indtcated
on Subdlvislon Map No. 5, Br.rnllngame Pir.k, was eontlnued unttl the
r.ogular meeting, December 7, 1919.
NEW BUSINESS
1. BIDS - FOUR }IEW POLICE CARS
Councllman Rooth, ln refennlng to the City I'tsnagsr I s s umrnary of blds
receLved and submitted for Council perural , relatlve to the purchaseof four police cars, recommended that conslderation be glven to the
selection of the make of pollce crulsers currently in use by the
PoLlce Department.
ACKNOWLEDGEI.IENTS
EXTERMINATION OF PIGEONS ON BROADWAY
The Chair acknowledged repor"ts and/or mlnutes fnom the Llbnar.y, tlre
RecneatLon Department and the Department of Publl c Works for the
Month of october:, Ic! 9.
RECREATION COMMISSION APPOINTMENTS
The Chair submltted the following names as membefs of the Recneatiob
Commlssion: Mrs. Chester tane, 1130 Ktllarney lane, Burllngane and
Mrs. .{l-vln F. Herrlck, h67 Cumuertand Road, Burllngame. The appoint-
ments lrere unanimous 1y confinmed.
Mns. John M. Fisch, 1O11 Capuchlno Avenue, ln addresring the
requested thet a communication addressed by i'1p3. Fisch to the
I'[anager:, under d ate of Novemben l, ' 19lyd* be read:
The letter protested the alleged i nhumane manner ln whlch the pLgeons
on Broadway, Bur.1lngame, l{ero r ecently e xtermlnated, questlonlng the
offlclaf wlo issued the onden to dispose of the pigeons and whether
one of the State Humane officers was present on that occasion.
The Chalr r efer.ned the inqulry to the City Mgnagsr', wLro advlsed that
ln vlel, of the numerous complaints received from Bnosdway merchan';s
C or:nc 11 ,City
43
and property owneris, and to e1lm1nate the increasi ng nulsance ofhazard, dlsease and litte::, the Pollce Depantment had been author.lzed
to e xtenmlnate the pigeons.
In reply to funthen inqulnles, tbe City Managen advised that the
Humane Soclety was cognizant of the menace and lndicated no obJectlonto the manner 1n which the pigeons were dlspelled.
Councllman Mongan suggestsd that Mns. Fls ch confer wlth the Society
fo:: the Preventlon of Cnuelty to Animals.
Councilman Thayer, speaklng flom personal experience,
occasLon lt may be necessary "to- decide the safety andlnhabltant agalnst an anLmal, a b1nd, etc.
CLAIMS
obser"ved that on
health of an
Payroll war.rants, Month of uctober., 1959r Nos. 14173-]J579, ln the total
amount ot *77 rO39.0O were approved on motlon of Counci lman Thayen,
seconded by Councllnen Rooth and unanlmously ca?ried.
Clelmsr Month Novemben 1959, Nos. 2102-2667, ln the total amount of
fi291t[o5.75, duly audlted' were approved fot' payrnent and wan'ants
ordened drawn on the City Tlleasury in thelr nespective amounts, on
motlon of Councllman Thayen, seconded by Councllman Eooth and
unanlmously c erried.
PAYROLL APPRO'UAL
ACKNOWLEDG}ENTS
ADJOIIRNMENT
?here be !.ng no further business, the meetlng ras regularly adJournedst 10!05 p.m.
Res e c tful1 s ubmit ed
K.IECity Clerk
APPROVED:
Acknowted8ments : a nimgographed form "contlnulty of Government infime of Clvll Dlsaster, " submitted by the tJff lce of the City Manrger;
a condensed sunmary deflning the terms whereb]' a [variance" m{y begranted, submltted by the Clty ri66o"rrey and Councllman Byrdrs
attendance es the representatlve of the Councll at recent Bradley-Bwns
Sales Tex Eiscusslons lrlth the San l'fateo County Board of Supervisors.
R
i/-/,
Charlo t te
Mayor
Johns on