HomeMy WebLinkAboutMin - CC - 1958.07.21Bu:rllngarre, CalLfornia
July 21, 1958
CALL TO ORDER
A regulan reeting of the Burllngame Clty Councll rras held on the
above glven date. Meetlng caIIed to order at 8:O5 P.M. - Mayor
Byrd ln the Chal:r.
PI-,EDGE 9P AT.I.RQIANCE
At word from Mayor Byrd all ln the Councll Chanbe r arose and
gave the Pledge of Allegiance to the Ffag.
MI}ITITES PREVTOUS II{EETING
The mLnutes of the pnevlous meeting of July 7, 1958, as sub-nltterl to members of the Councll, amencied to r:ecord that lt was
the recommendatlon of the Clty Manager that the fornetlon of arltrafficr commisslon would be advi.seable, were unanimously
approved and adopted thereafter on motion of Councllman Johnson
and second.ed by Councllman Thayer.
The minutes of the speclal rEetlng of July 16, 1958, as sub-mltted to nerbErs of tho Councll, wer6 unanlncously approved
and adopted upon motlon of CouncLlnan Rooth and seconded by
Councllman Morgan.
BIDS
ANNUAT AUD]T ACCOUNTS AND RECORDS CITY OF BiALTNGAITE
In response to NotLce fnvitlng Proposals for Audit of Accounts
authorized by the Clty Coulcll for the Flscal Year 1957-L958,
the f ollowLng blds rere recolved from negularly certlfled
Publlc Accountants, openeil pursuant to sclredul-e and declared
as follows:
JOI{N G. MADDIIX
63 East Fourth Ave. ,
San Mateo, Callfornia $ 875.oo maximrm fee
PEARSON & DEL PRETE
62-l Mtddlef iald Rd.,
Redwood City, Callf.$1r20o.oo naxlmum fee
MILTOI{ E. WTLLEFOM
1835 Van Ness Ave.,
Fresno, Ca]lfornla
$
12. OO
IO.OO
7.OO
4.OO
hr
hr
hr
Llr
p et3
pe:3
per3
per
supervi sorsenior acct.
junl or acct.cIer1cal asst.
VTCTOR HONIGI55 Mont goneny St.1
San Francisco, Ca1lf.
12.50 p
7.5O p
er hr.. sonlon e.ect.
en trr. seml-senlor
acct.
2SO
A recommendatLon fr.on the Clty Managetc tJrat the bld bo awardedto John G. Maddux, for a llaxl mum fee of $B?5.0O was concur.rodln and the lilayor authorl zed to exe cute an agreement, on motionof CouncLJ.raan Morgan, secondod. by Councl).rran Johns on and unanL-
mously carnled.
29L
I VARTANCE MANTED D.NICOLAIDES DEVELOP PROPERTY ON LARKSPUR
DRlVE
Mayor Byld announced that thls was the tLme and. pl-ace scltedulod
by Councll actlon, at its last negulan tmetlng, to conduct a pub1le
hearLng on a petltlon of appea] fnom the decislon of the Planning
Commlsslon, ryhereby permLsslon was grante d to Mr. Davld Nicolaldes
to resubdivlde tots 5 and 6, Block 8, Burlingarm Gardens by in-
creaslng the frontage of tot 5 approxlmately twelve feet.
Ilr. Davld Ni.cola5.d.es, the appllcant, appeanlng ln his ovrr defonee,
advlsed that in purciraslng Lot 5 upon rhlch to bul1d a four-unlt
apartnent bu11dlng, he was requlred to purchase an addltlonal
sma11 parcel of Lot 5 that had been, so[e years pnevlous, affrexedto Lot 6. In submlttlng hLs appllcatlon to the Plannlng Commlsslonfor permissl,on to rssubdlvlale the lots in qrrestion, he was advlsed
ttrat because the proposed stnucture ras to be 6r.ected on p!:operty
not havlng the negrLred mlnlmum street frontage, lt ;ould be
necessary to also apply for a varlanee. The vanlance ras sub-sequently approvod by the Commlsslon.
Reference was made to a petitlon of appEal, bearLng the s Lgnature sof resldents of Larkspur Drlve and ad Jolnlng streets of the area,
requestlng the Clty Councll to set aslde the action of the Plannlng
Commlsslon for the reasons that Lot 6 ln questLon Ls zoned R-l
and the structure would create an on-street parklng problom atthe cunve of Lark spu:r Drlve.
fnquLries di:rected to the Plannlng consultant and to lvlr.laldes advlsed the Councll that Lot 6 has been, fon sonewittrin the classifLcation of an R-3 (apartnont) zone and
would be a nlnixnrm probl€n lnasmuch as the plans for the
ment includ.e four garages.
!lbr. Chester B. England, 921 Larkspur Drlve, representlng
Nl co-
dur at i on,
parkLng
apart-
the
na jor'lty of the nelghbors rri thin the vlclnity, acknowledged theerror of the residents ln assunlng tLrat Lot 6 was classlfl,edR-1, but appealed to the Councll to autho:lze a. survey to d€ter-nlne the parklng and tnafflc haza:rd that may beeore mone prevalentwlth the erectl.on of a four unl,t apartoent buildlng.
Durlng tho eourse of the hea::ing, several polnts wene ralsed by
CouncLlman ThaJrer. First, rlght of appllcsrtt to start corstriuc-tlon pnlor to obtainlng a butlding pernlt and secondly, rlghtof appllcant to cons truct on property below the mintnum standardsestablished for l-ot .frontages.
Tho Ctty Englnoer replLed to the lnquiny, stating that there 1sno 1ega1 nestrLctlon depr:lvlng an orner hls r:lght to conrnenceconstnuction; provided, no concrete ls poured and there 1s noIthook-upn of facllitles. In reply to tho latter quostl.on, th6Ctty Englneer ad,vised that the recent provJ.slon in the ordLnancepe:rtalnlng to frpontages appllos to nou subdlvlslons and is notretroactLva so as to apply to prevlously establlshed subdLvlslons.
fn reply to CouncLlnan Morganr s lnquirT regard.lng the cltytsposltlon, the Clty Attorney advlsed that the property Ls zonedfor the use propos€d a rrcl approved o:: not approved, the appJ-lcant
sha1l continuo to retaln the right to const:ruct a structurewlthln the confLn€s of the orlglneJ- 1ot llnes.
I$e. Nicolaldes, speaking Ln defense of his positi,on, stated thathe had applied for a buLlding pernit, but was terryorarily re-
Jected. pendlng the determLnatL on of proposed l-ot lines. }fu.
NlcolaLdes al.so advised that a better bulJ.dlng plan would be
employed should the resubdlvlslon be appnoved.
}1r. Pau]- Roth, 915 Larkspur Drlve, appealed to the CouncLl topreserve tho asthetlc beauty of the area and to eJ.lminate thesafety probJ.em by reJecting the appltcatlon.
TIEARINGS
29?:
Mayor B)rrd srlnmeri zed the issue, stating that lt should be
borne Ln mind that there ls little the Councll can do to pre-
vent the proposed consbructLon.
CouncLlman Rooth prefaced a motion by questl ontng I[r. [ico]aides
whether the strlp of property ln qu.estl on has been pu:rchased
and whether he sha1l apply for a bulldlng permit regandless ofrejection of a varLanco, to which lnqulries, Mr:. l,licolaldosreplled affirmatively.
A motlon was lntroduced by CounclJ.men Rooth that the Councll
concur ln the re commendatl on of the Planrilng Commisslon.
Cowrcllman Johnson expnessed her eoncern on the potentlal
parklng problem and suggested that the polnts contalned ln thepetltLon regarding a flre and po1lce survey, be given considora-
tLon.
Ayes: Councllman: Byrd-Johnson-Morgan-8oothNoes: CouneLlngr: Thayer
Mayor Byrd., in direetlng hls renarks to }dt . Elgland, suggestedthat he lnltlate an analysis of the p,roperty lmmediately ad-
Jacent, with a vlew t o$ard a posslble nezonlng of property from
apartment to single famlly dre11lng.
RECESS
The hearlng was decLared concluded and a recess declaned at
9:O5 P.M.
CALL TO ORDER
The :neetlng neconvened at 9:15 P.M.
PROPOSM REVTSM MUNIC]PAL DUMP TEESo
Mayor BJrrd announced that a portlon of thls evenlngrs reetlng
had been reserved to conduct a publlc bearing on the proposed
revised Munlcipal Dump Fees and tho questlon of tbe new rates
sha1l be resolved at the tlme of tbe adoptLon of tbe 1958-1959
Budget.
Itrayor Byrd advised that outslde resldents &r€ currentLy paying
for the prlvilege of using the facl1lty and loca1 nesidents
only lf utlllzed comrerclally and the purpose of the hoarlng wasto determine rhetlrer a ten cent fee should be lrryos ed upon :resl-dents of the clty to lncrease the revenue nequlred to beautlfythe dump, to provlde coverlng fon f111 and to overcorrc the health
and fLre hazard.
A resolutLon stlpulating the p::oposed lncrease ln the scheduleof fees was r:ead.
In reply to CouneLlman Roothts LnquirLes regardLng the collectlon
and accounting for tbe fees, the Clty Manager advised thet thoregular collector at the dump would al-so collect the ten cent
fee filth the use of a counter to be used as a check agalnst thecollecton and a spot cbeck would b€ nade from t l-me to tlnrg.
li[r. Nicolaldes advlsed that the Fire Department has slgnlfledlts approval of the proposed plan.
CouncLlman Morgan, Ln oxpressing sympathy for thos e concerned,
stated that tho problem ils sonrethlng lnherited prlor to thls
Councll and posslbly not for€seen ln earl-ler days.r The motion
was thoreupon seconded by Councllman Mongan.
A ro11 call vote on the motlon was recond.ed as follows:
293
In response to Corincllnan Jotmsonrs questlon on the reglstratlon
of cars, tbe City Manager advised that everT car wll1 be regls-
tered and for everi'y vehl,cfe ente::lng the facllity, the Clty of
Blrllngame shall recelve ten cents from the colleeton.
Councilman Mongan stated that the resolutlon should expllcttly
set forth where the revenue shall be applled and that he rcuId
vote in favor of the measu:re provlded the funds collected rere
expended for addltlonal f111 .
Mr. Ken ltfe st , 714 Pal orm Avenue , s tated that he has heard of no
complatnts from nesLdents on the proposed collectlon of the ten
cent fee and u:rged that 1t be favorably voted upon.
ft was the :recommendatlon of tho clty Attomey that the current
contract be re-negotlated prlor to the adoptlon of tho new fee
schedule.
An info:rrual po1I of the Councll lndlcated no objectlon to the
Clty Manager belng authorlzed to re-negotlate wlth the dump
ope::at o:r.
ldr. Jack R. Edwards, L429 Palm Drlve, qrestioned under the
proposal whether the dump operator would be bonded and whatadditlonal lncome would the operator be the reelplont of.
new
Mayor Byrd advLsed that he Ls not Ln a posltlon to adoquatelyreply to the inqulqr at this tlme but assured Mr. Edrard s thatthe Council shaLl look to the best interests of the City. For
the further informtLon of all c oncerrieil, the ldayor noted that
under the new proposal tho Clty sball receive ten cents from
each vehicle using the dump whoreas under the terns of thopresent cont?act the du.fip operator beneflts from the rsvenuecollected.
A motlon ras lntr.oduced by Councl lman Rooth that the bearing be
declared concluded and the subject of the revLsed fee gcheduLe
be held until the budget is consldered for adoptlon. The motlonres seconded by Councllman Mmgan and. unanLmously carrled.
The hearlng ras declar:ed conctruded at 10:OO P.M.
COMMiNICATfONS
fn view of the large nur$er of cltlzens ln attendance, thenaJo::lty of whom wene Lntor.ested ln the proposed plans to con-struct a supermarke t on propertles rl thln the vlcinity of Chapin
,Avenu€, Bo]-].evue Avenue and E]- CamLno Real, li,layor BJrrd announcedthat Iten No. 7 under trcomrm.rnL catl-ors rl would be advancod f on
eonsideratLon at thls tlme.
1. PROPOSED RECLASS]FICATTON OF IAND AT BELLEVT'E AVENUE AND
EL CAMINO REAI
A letter dated. JuIy 15, 1958, was read fuon ths Plarurlng Commlsslon,advlslng the Councll of the fu).f consideration glven to an appll-
catlon requestlng the reclas sifLcatl on from Fourth Resldentlal to
Retal1 corulierclal of three lots located at the southeast corn6!of the lntensection of Be]1evue Avenue and E1 Canlno Rea1, sub-mltted by Dorothea Jean Cockroft, G. Vt/. Douglas Carver and
Marshall H. Flstror, orrne rs of said lots.
The commu,rrlcatl-on advised that the applleants proposed the con-
structLon o
l{ayfaLr Mar
Avenue, a1o
propertl-e snajorlty votalning thathe r:eclass
f a 24,OOO sq[are foot bulldlng and parklng area forkots, Inc., extendlng from the propertles on Bellevue
ng EI CanLno Beal tlrnough to and lnc].udlng certaln
on Chapln Avenue and followLng due conslderatLon, s.te of the Commlsslon denied the appIlcation, main-t the use was not compatlble wlth the locatlon andlficatlon not Justlfled.
294
A comrnrnlcatlon, dated July 16, 1958, from the abovementlonedproperty ouners was read, nequestlng that sald. appl!.catLon,prevlously consldered by the Plannlng CommLssLon under the termtrre clas slfi catlonrr be consldered rather as a varlance by the
Council.
Mr'. John Cockroft, representLng the appllcants, and ln ::esponseto the ChaLr:ts lnvltatlon to comrEnt, stated that the applleants
were of the oplnion thet the proposal could be more appropriately
reviewed under tho clas sl-f l eatl,on of a rvarlancor rather than aflreclassi.f lcatlonri and reqr:.ested that the subJect be scheduledfor publlc heartng.
fn reply to Councll lnquiry, the Ctty Att o:rney advlsed that to
Lnsu:re proper 1ega1 procedu:ro the Council is required to (f)
conduct a hearlng on tho subJect; (21 act on the recommendatlonof the Plannlng ComnlssLon and thereafter if the vote ls non-
cEprence wlth tho trocommendatlon of the Plannlng Collml.ssion,the Counclf may (1) grant a re clas sifLcation or (2) approve or
disapprove a variance.
An lnformal po1I of the Councll, indLcated that the najonlty ofthe Council were in favor of conducting a hearl ng on the subJectat thls tlnp.
lrlr'. Cockroft protested the declsion, statLng that the appllcants
were relyLng on the policy of the CouncLl on prd, or occaslon, to
schedule such mattors for publlc hearlngs arri advlsed that he was
unpropared to present evid.ence to support his case at this time.
I{ayor B5rrd and Councllnan Johnson each expnessed thelr lndlvldual
obJectlon to proceedlng wlth a hear.ing until the proponents a::e
prepared for t Lre 1r presentatlon.
Cyrus J. }{clt{lI1an, Attorney, representing the large delegatlonof citlzens resldlng wlthln the above desc:ribed area, advlsedthet tt was the lrpresslon of al1 concerned that a hea::ing would
be conducted. on this alate.
Councl,lme.n Mongan expressed bLs vLers rlth a remLnder that 1t lsthe prerogatlve of CounclL to conduct a hearlng at lts dls-
cre tl on.
Followlng a brief discusslon, Mr. Cockroft was excused at 10:2O
P.U. rith a request that he reappear rtthln fifteen mlnute s witb
evLdonce to suppctr t hls request.
REGUI.AR ORDER OT BUST}fESS RESUMED
2. RECONSTRUCTION TRAFFIC TSLAND BROADWAY.NOLLINS ROAD
A communLcatlon dated July 17, 1958, was read from the City
Manager, advlsing that the Health and Safety Commlsslon has
concured ln the suggested reconstruction of the trafflc lsland.
on Broadway at the Rolllns Road lntersectlon and recommendingthat the proJect bo approved for constructlon fnom the Cltyts
Gas Tax Fr:nds, subJect to concurronco by the State Dlvlslon of
Hlghways.
Councilnan Morgan moved that the Councll concur and that theClty Manager be authorized to apply to U1e State Dlvision of
Highways for the appropriatJ.on. Ihe notlon was seconded by
CounclLnan Thayer and unanl.mously carried.
COMMJNICAT]ONS
'] C: E:
AMEI{DiENTS TO BI]DGET PROPOSED 1958-1959
A comrarnlcatLon from the Clty Manager, dated July 16' 1958,
submitting amendmonts to the budget subnltted to Councll June 16,
1958, was acknowledged and actlon rltbheld untll a pub1lc hearingls conducted on the proposed budget, August 4, 1958 on motlon of
Councilman Morgan, seconded by councllnan Jobnson and unanlmously
ca:rrl-ed.
4. TEMPORARY SIGN ADYERTTSTNG CONSTRUCTION MOTOR-HOTEL AUTHORIZED
A c ommunl catlon datod July 18, 1958, was r"ead fYom the City lllanager,
advlslng that the Svanson Constr:uct lon Company has applled fon
permisslon to srect a teBporary sLgn to advortLse the constructlonof a ne, 22O unt t Hyatt Motor Hote1, to be located on the north
slde of the Bayshore Freeway approxlmately 5OO yards rest of the
Broadray ov6?pass, sald slgn to bo :re moved. upon corpletlon of the
pro Je c t.
CouncLlnan Thayen moved that the councll concur and that the sign
be per:nltted for a perlod of eleven rnonths, seconded by Councll-
nan l{organ and unanimously carried.
ORD]NANCE INTN@UCED REGUIATING STORAGE TNFI,AMMABLL] TIQUIDS
A eommunL catlon was read from the Clty Manager, dated July 18,
1958, advlslng that the exlstLng ordlnance regulatlng the storageof lnflamnable ].iqulds contalns inconsistencles creatlng hand-shlps on applicants pa::tcularly rLthln the Cltyts connerclalzones. It lras recommended by the Ffue Departre rrt and the Clty
MsJlagerr s Office that a rovlsed ordinaace, prepared by the CltyAttorney be tntroducod for passage.
Councilnqn Moltgan introduced fcr flrst readLng,ORDINANCE NO. 6?8ltAn or.dinanc€ AmendLng Sectlon L4\7 of the Ordlnsnce Code of theClty of Burllngamo Regulatlng the quantltl.es of Stores Inflanmable
Ll qulds . n
6. TNSTALI.ATTON OF SIDEWALKS REQUESTED ]N EAST }{TLLSDAI,E PARK
A communication, dated July 17, 1958, fron the Clty Manager,
advLsed that a request has been received from the Pank ConmLsslon,
concernlng the need fon sLdewalks on both sldes of the street Lnthe proposed East ili1lsda1e fndustr.ial Park Subdivislon. The
subJect was refe]3red to the Clty Manager.
7. ANNCUNCEMEI{T RETTREMEIN CAPT. JAi{ES TAYICR, FIRE DEPARTIIEM
The Councll acknowledged the snnouncement of the CLty Manager,
under dat6 of July 17, 1958, that Captain JarB s W. Taylor of the
BurlLngame Flre Departrent Ls retirlng August I, L958, aft€!3twenty-four year.s of sorvlce to the City. Mayor Byrd advisedthat an appropriate communLcation sha11 be f o::warded to Captaln
Taylor Ln behalf of the City Council.
8. OPPOSITION TO PROPOSED SUPERMARXET CONSTRUCTION
A comr:arnicati on, dated JuIy 16, 1958, from Ed Arrrold, Photographe:r,
opposlng the proposed constructlon of a s upermarke t wlthln the
Chapin Avenue -81 Canlno Real-Be1levue Avenue area, f,as acknor-
ledged and fLled wlth nelated. d.ocuments on the subjeet.
RESOLUTTONS
A resolution fixlng a ner schedule of fees for entry upon andfor dumplng at the talnlcipaL dump, was he1d, pending bud.g€taryaction, Augus t 4, 1958.
296
OHDINANCES
Conslderation of : ORDI}.iANCE N0. 677
John J. Broderlck, Chalrman of a Chamber of Collnorce Conmlttee,
oxprsssed his appreciatl.on to the members of the CouncLl fortho postponement of the flnal readlng of the proposed ordLnance
negulatlng parkiag upon public and prLvate property and. advlsedthat hls commlttee, through dl1lgent offort, bas been success-ful ln obtalning the elgnatorles to provLde fo:r a seventy-fourcar off-street parklng lot on Donnel ly Av€nue.
ORDINANCE NO. 677 ,R eguJa tlng Vehlcle Parklng Upon Publlc ard
Pr:lvate Proper:tyrt ras glven lts second treading and upon notlonof Councllman Rooth, seconded by Councllnan Johason, sald
ondlnance passetl lts second readLng ard ras adopted by thefollowlng voto:
Ayes: Councilmen:Noes: Councilmen:
Absent Councllmen:
Byrd- Johns on-Morgan -Rooth-Thayor
None
None
Introductlon of:
OFDII{ANCE No. 679 'Amendi.n g ordlnance Code of the Clty of Bur-llngarc By Adttlng Sectlon 1599.10 Prohlbltlng Pavlng of Areag
Between Curb and Sidewalksrr was lntnoduced for first ,:eading
by Councllman Rooth.
RECESS
The Chalr decl-ened a recess at 1O!5O P.l,l.
CALL TO ORDM
The rreetlng was call-ed to order by Mayor Byral at 1I:OO P.M.lbr. John Cocboft, not havlng appeaned, the Council proceoded
wtth agenda ltems.
UNFINISHED BUSI}IESS
1. 1958-1959 BUDGET
In neply to the Clty ifanagen I s lnquiry uhether lt ras the rlshof Councll to schedule a study sesslon prlor to the regularly
scheduled publlc hearlng of the proposed 1958-1959 budget,
August 4, 1958, members of the Councll expressed tho oplnlonthat the hea::lng proceed as scheduled and tf necessany, a study
seEslon may be held. thereafter.
lIElltI BUSTNESS
1. PLAYGROUIID HAZARDS
IIr.. Raymond J. Whelan, 1541 Colunbus Avenuo, reponted on hls
havlng wLtnossod several accldents to cblldren as the result offa1ls from sIldes and swLngs to the haird asphal ted area In the
Ray Park playground.
The Clty Menager *as regrested to conduct an lnmodLete lnvestl-gatlon of aII clty playgrounds.
The Clty Manager advlsed that a sum for capital lnpr.ovoments
has b6en lncluded ln the proposed budget, a portlon of whlch
may be applled to iq)rove playground aneas.
The Clty Uanager was authonlzed by the Councll to proceed
lmmodlately on an erergoncy basls.
297
CLATMS
Warrants for the Month of Ju1y, 1958, Nos. 12415-I25OO and a
ner serles, No. 1 to 75, ln th6 amount of *n2,625.2o, du].y
audlted, were approvod a rri claL nrs orde:red d:ravr on tho Ctty
Treasury 1n thelr respectlve amounts, on motlon of Councllman
Thayer, seconded by Councl lman Johnson and r.rnani mously carrled.
PAYROLL
Payroll warrants, lilonth of June, 1958, Nos. 55O6-5914r ln the
amount of $711878.98, reor:e approved on motlon of Councllman
Thayen, goconded by Councllman Johnson and unanlmously carrled.
REGI'IAR ORDM BUSINESS DECI,ARED CONCLUDED
The Chair decla::ed the negu]-ar order of buslness concluded at
1l:15 P.M.
HEARING CONTINI,M RE: NECOMIIIE:NDATlON OF PIANNING COMMISSIOI{
M:r. John Cockroft reappeared, at the reettng at 1I:18 P.M. accom-
panled by hls Attorney, Robert R. Thompson.
l,In. Thorrpson appealed fon a delay in conductlng tb6 hea:rlng by
advlslng that tbs proponents ,etre not prepaned to present
evldence and tbere ras Lnsufflclent tlm ln whlch to sumraon
wltnosses to speak ln suppont of the proposod constr:uctLon.
Tho Chalr advlsed !r{r. Thompson that lt ras the rl11 of thenaJorlty of the Councll that the hoarlng proc66d at thls tIre.
Requestlng the oplnlon.of the Clty Attorney concer.nlng tho
councllrs posltlon, the Clty Attorney advlsed that there ls noprovlslon wlthln the Cityts o:tdLnance nenderlrg lt narriatorythat Councll conituct a hearlng on a necl as slflcatl on; however,
he ras certain that both lbr'. McMlllan and [r. ThoDtpson nere awarethat thero has been an establlshed pollcy rlthLn the Courts ttratthe rerlts of both the pnoponents and the opponents are con-
sldered pnl.or to dlsposltlon of a case.
Attorney Mcldlllan and a spokesman for the opponents expressod
theln wLLllngness to postpone the hearlng to pernlt I{r. Coc}Foft
an opportunlty to have, as Lt rene, rrhls day ln court.rt
An lnfonmal poI1 of the Councll resulted ln the naJonlty favor-lng the bearlng proceedlng at thls tlre.
The Chalr th€reupon lnvlted the opponents to spoak.
Attorney McMl11an advisod that the opponsnts to the proposed
constructLon of a suporrerke t request that the area be retalnodfor apartnent use and all were of the oplnlon that the develop-
ment of a luxurny apartrBnt house, at thst location, would enhance
th€ beauty of the tree-llned El Camlno Real ard rould pnovlde
addltlonal consurrers for the exlstlng buslness area.
Mr.. Ilerbert Hymer, 1417 Bellevue Avenue, i[r. L. E. Preston, 1441
Bellevue Ay enue , Iilrs. LouLga Btraco, 1415 Bellevue Avenue , [tr.
Len Anderson, 1460 Bellevue Avonue, Irft'. J1m Copeland, 412 Burlln-
game Avonuo, Ir. Neal Doughenty, 506 Alrpr Road and Mr. W. E.
Chambllss, 518 Alner Road, also spoke ln support of the opposltlon,
emphasl zlng that tf pennltted, the proJect would lnltlat€ flr3ther
commenclalLsm on Bellevue Avenue and on the 81 Camlno Rea1.
C. C. Krolss, nember of the Vestry, St. Paulrs Eplscopal Church,
Burl lngame, stated that rfiile th€ rnombers of the chunch are opposedto a reclasslflcation, no s tandl would b6 taken should a varlanco
be approved.
298
The Chalr lnvlted tlr. Robsr:t Thorpson to comment at thls polnt.
Mr. Thompson agaLn protestod the hearlng being conducted and
stated that 1n hLs oplnion, lt was 'contrary to propor govern-
mental procedure . f,
A brlef debate followed on the subJect of rpubllc hoarlng pno-
cedure.tr The Clty Attorney r:eferned to Sectlon 1911, Paragraphrbrr whereln lt provldos that rthe Councll may conslder theappllcatlon at lts next regular meotlng fol)-orlng the flllng of
the lrocorutl3ndatlon of the Plannlng ConrdssLon.
Upon ftrrther advlce of the City Attonney, the Chalr lnvlted pro-
ponents to speak.
Mr. Jobn Cock!'oft, rep:resentlng the appllcants, statod that des-plte the fact that the Planning Commlsslon conductsd a publlc
hearing on th€ basis of a rrrscl asslfi catl ono lt ras hls contentionthat 1t should havo been consLdened urder the deslgnatlon of anvarlance . n
litr. Cockroft lllustrated by blackboard drawlngs, the propertles
affected by tho proposed proJect, advlslng that there would be atwenty-foot setback on EI Calllno Rea]. , wlth the stnucturo located
on four C-1 (Commerclal) Iots on Chapln Avenue arlal the R-4 lotsfrontlng on Bellevue Avenue converted. lnto a parking area.
To f\rrther support hls plea for approval, I!b. Cockclpoft statedthat comuercLalism would not lncreaso that presently exlstent
on 81 Camlno Real and bocause thsre would be no lngross or egress
on El Candno Roa1, the trafflc problem rcu1d be consldenably lessthan tl.at created by the construetlon of an apartrEnt house.
fn concludlng hls presentatlon, Ir!r. Cockcroft advLsed that thoappllcants are desfu:ous of obtelnlng th6 fuU.est use of theproperty and urged that a use pormlt or a variance with speclftcnostrlctions incorporated. wlthln sald per:d.t be approvod.
It[:p. McMl]-lan advlsed that there ls on f L1e ob Jectlons from allthe resLdents east of El Camino ReaI wlthln the 5OO feot radlus;
nesldents wi thln a 1,5OO foot nadlus; Idr:. Arthur Mattock, formor
cl,ty Plannlng Cor::missioner and nl,nety-nlne Erchants. Ltr.
Mclillllan u:rged that the Councll concur ln the recomrendatlon of
tho Plannlng Commlsslon and vote to d.eny tho appJ.lcatlon.
lrlr. Alex Smlth, 24-4Lst Avenue, San ldate o, a roaltor and repro -sentlng the owners of the property ln questlon, urged favorableactlon, cal1lng attentLon that the area upon whlch the construc-tlon ls proposed is surounded by comrn::cla1 propertles.
The heanlng on the roc ommendatl on of the Plannlng Commlsstonthat the roquest for: an appllcatlon fc nscl asslfLcatlon be
denled was concluded by a motlon lntroduced by Councllnan llorgsnthet the Councl)- concur ln the rocomrrendatl on, seconded by
Councllman Thayer.. Follorvlng a brlef dlscussLon on the qrostlon,
the motlon was the?eafter carrLed.
R6f erenco was rnde by !.{r. Cockrof t of ovl-dence on flle wlth the
Plannlng Commlssion to support the proJeet, lncIudlng th6 errdorse -
ment of the Better Burllngarre Assoclatlon, the Boand of Dkoctor.sof the Chanber of Comner:ce, tbe Merchants t Conmlttee of the
Burllnganr Avenue Shopping DLstrlct, the Bur.llngema lnvestnrent
Company, ln addltlon to which, notlce has been receLved fYom manyof the opponents that tholr obJoctlons have boen withdrawn.
M::. Cockroft lnrrlted lr[r. Ralnmrnd Wurlltzer, ownen of a conslder-able amor.rnt of real estate wl thln the Clty of BurllngarE, to
speak ln bohalf of the proposed proJect. Mr. trlurlltzer ungedthat the CounclJ. consider ths rerlte of tho proposed. constructlon
on tho basis of a varlance, whereby the Ctty nay Lrqoso specificnestrlctlons.
299
Ref€ronco ras Bde to the c onmrnl cetLon dated July 16, 1958,
bearlng th€ s lgnatures of the appllcants, requestlng that the
appllcatlon be heard as an appllcatlon for a variance lnstead
of a rec las s lfl cet i on.
The Clty Attonney advlsod that tho matter bef or.e the Cotrncll
fo:: conslderatlon at thls tLme, was the request for a va:rlance.
A dLscusslon was lnltlated on the lssue of the lots on Bellevue
Avenue, zoned R-4 and urder optlon to purchase for conver:slonlnto a parking area f o:r the proposed supornarket and tho possl-blltty of revislng the plans to exclude those 1ots.
Cor:ncllman Thayer advlsed that sho would oppose the constructlonof a rarke t on the sl-te proposed under any clrcumstances, ex-presslng tho oplnion that tbo property rould lond Lts€lf moreappropriately as an apartmont.
Councllnan Rooth, Ln conmentlng on t tre exLstence of two commenclal
entenprlses slmLlar to that proposed, expressed. his obJectlon tothe ontrance of f\rnther commerclallsm on EI Camlno leal .
Councllman Johnson ad.vl,sed that rhl1e she did appneclate
menlts of both the pros and cons of the srbJect, sho too,
opposed to business on El Camlno Rea1.
the
ras
Councllnran Rooth thereupon moved that the varl-anee be denlod,
seconded by Cotrncllnan Ttrayer. The motLon canried, wlth Mayor
Byr.d t s vote recorded. as nno. rl
}br. Cochroft dEclared hls epncern on whethen or not the denlalof both the roclass lfLcatl on and. tho va?lance rould deprlve theappllcanta the rlght to roapply wlthln the per5.od of one year.
The Clty Attorney advlsed that he would be 1n a betto:: posltlonto reply follorlng a rovlew of the clty ordlnance.
The hearlng ras decJ.aned concluded.
ADJOIMNMENT
The:re belng no furthe:: buslness, the Eetlr€ ras negularly ad-
Journed at 1:55 A.M..
Respe ctfully subml tted
EERBffiT K. WEITEClty Clark
APPROYED:
ANDREW C. BYXD
Mayor
f*"/-t-r,. 6.e.rd