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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