HomeMy WebLinkAboutMin - CC - 1979.02.20301
BURLINGAI\,IE, CALIFORNIA
February 20, 1979
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on the
above date in the City HalI Council Chambers. Meeting was cal1edto order at 8:05 P.M. by Mayor William J. Crosby.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Alfred J. Palmer, Police Chief.
ROLL CALL
COUNCIL MEMBERS PRESENT:AMSTRUP, BARTON, CROSBY, MANGINI, MARTIN
NONE
MINUTES
COUNCIL MEMBERS ABSENT:
Minutes of theof February 5,
study meeting of January 24 and the regular meeting
L979 were approved and adopted.
PRESENTATION
Mr. A1 Leyva, chairman of the Burlingame Sister City Committee, read
communication from National Awards Program and presented trophy
awarded to City Council.
HEARINGS
1. DAVID C. CARR, ATTORNEY, FOR THE SOUTHLAND CORPORATION AND
RICHARD AND HOLLY MOFFAT: APPEAL OF PLANNING COMMISSION DENIAL OF
SPECIAL PERMIT CONCERNING HOURS OF OPERATION AT 7-ELEVEN STORE,
975 ROLLINS ROAD
Assistant City Planner reported on appeal background as detailed in
his memo of February 20, L979.
Mr. David
addressed
cluding:
Carr presented photos of store and
Council with a presentation geared
environs. iIe then
toward main points in-
1. Store gives valuable service to community - population of
g::eatly increased, especially people without transportation.
niqht business involving necessities hence increased.
area
Late
2. Economic hardship to the Moffats would invo1ve 28
gross sales if 24 hour operation cancelled.
292 of
3. Community resistance to store is based on threat of what may
happen rather than actual events. Main incident in this area was
caused by robbery originating in another city. Alarm system and
better lighting installed at store. 24 hou:: operation lessens chance
of criminal attack.
4. Support of area residents is strong, evidenced by petitions.
Mr. Harlan Bea1, family attorney for Mr. & Mrs. Moffat, praised
their character and industry in operating this store for many years.
He noted they were not familiar with the original appli-cation and
quoted figures for the reduction in sale of staples due to recent
closing at 11:00 P.M. He also emphasized that a 24 hour operation
was a deterrent to burglars.
Following people spoke in favor of the 24-hour operation:
Patrick Shive1y, 800 Morrell #2iWilliam Graves, 945 Rollins RoadShirley King, 1933 Garden Drive;
Burlingame resident.
Nancy Dalton, 535 Rol-lins Road;
#4; Joe Vann, Burlingame resident;
Fred Gruver, 904 Toyon; Kent Hetman,
ilr.r-.?#
-,s!,; &,luJaltre-b!
302
Speaking in opposition were:
Lawrence Batistoni, 911 Toyon; Charles Bettencourt,
Nancy Wi1liams, 921 Linden; Mary Moyer, 932 Linden;
92f Linden.
921 Azaleai
Jean Williams,
RECES S
After a recess at 9:f0 the meeting reconvened.
In the following discussion, Council determined from staff that
the store does not have a hard lj-quor license, and that it does
have more pofice calls than other stores because it is a 24-hour
operation, but the ratio to "stop and 66't (Q6lifornia Drive) is
unknown .
Councilman Mangini considered that in the present world there
could be disturbances in any nej-ghborhood. He suggested this 24-
hour operation be continued for several months with close ob-
servation as to crimj-na1 activity.
Councilwoman Barton pointed out the severe cut in the Moffatsl
income because of early closing, and the approval of the 24-hour
store by residents in the neighborhood. She suggested a trial
period with close observation.
Councilman Amstrup agreed, noting that the opj-nion of the tovrns-
people should be respected.
Councilwoman Barton moved that the variance be amended to a11ow
the store to remain open for 24 hours a day for six months with
review at the end of that period. Second by Councilman Mangini,
carried on unanimous ro11 call vote.
2. APPEAL OF MR. AND MRS.
COMMISSION GRANT OF PERMIT
ROAD
MERVIN FRANCIES FROM PLANNING
TO THE C ROWN COFF'EE SHOP, 875 MAHLER
Assistant City Planner reviewed issues of this appeal as specified
in his memo of February 20, 1979.
Mayor Crosby opened the public hearing.
John Flood, 556 E} Camino, Burlingame, applicant for the Crown
Coffee Shop, presented Council with a petition signed by every
tenant in the Crown building in favor of his business; and pointed
out the area was large enough to support both his and the Francies'
business.
Following people spoke in favor of the Crown Coffee Shop:
David Garretson, 133 Woodsworth Avenue, Redwooil City, tenant in
Crown Buildingi Darrell Martin, building manager, Crown Building;
Gary Martin, ittorney, representing owners of Crown Building; Martin
Kantoff, 1090 N. Carolan.
Mr. Francies then addressed Council, pointing out the area hras too
smafl for so many coffee shops, and survival would be difficult.
In response to Council questj-on, the manager of the Crown.Building
stated the restaurant would cause no difficulty with parking.
Councilman Martin moved the decision
upheld, second by Councilman Barton,
vote.
AMUSEMENT LICENSES RENEWALS
of the Planning Commission be
carried on unanimous roll calI
]-3f6 BROADWAY
Assistant City Planner reviewed for sufficiency compliance $rith the
303
seven condi.tions upon which this permit was based., detail-ed in
his memo o.f Februarv 20, 1-979. He reported that his inspection
of February 14, l9'1 9 indicated general compliance with conditions
although some could be done to a better standard: Condition 1 -
"Check sound transmission of back door into alley" - the back
door has not been weatherstripped. Condition 3 - "Prevent use
of back door onto al1ey except as emergency exit" - befl that was
to be placed on back door to ring when door was opened has not
been instal-Ied.
Report of February 14, 1979 from Services Bureau, Burlingame
Police Department, indicated seven incidents reported to Police
Department during three month review period. They incl-uded two
incidents of false burglar al-arm and one incj-dent where two
t7-18 year old juveniles had gained entrance without being checked
for I.D. This matter had been referred to Alcohol-ic Beverage
Control for license action.
In the fotlowing discussion Council indicated their serious
concerns with facts stated in the t\"ro reports; in particular, the
question of I.D. of minors and the ABC actioni and the increase
in the nurnber of police incidents ' Also it was emphasized that
sufficient time had elapsed to take care of such items as weather-
stripping and the alarm bel1.
In response to Council questions, Police Chief reported the matter
of I.D. was sti11 being reviewed, and the two false alarms could
have been caused. by a number of reasons, including malfunction.
Scott O'Brien of Bruen, Kaufman & Hatfield, addressed Council as
representative of owners of ? Disco. He covered, among other
points, the following: Minors came in at closing time - I:15 A.M.
when no one in Disco was being served and police came immediately
after. It was not clearly understood that the befl was a firm
condition, although an unsuccessful attempt had been made to order
one. There have been no complaints about noj-se Ieve1s, which have
been maintained well below required 1eve1.
There was considerable Council- discussion, with Councilman Martin
suggesting the disco be given until the next Council meeting to
comply fu11y with all conditions, subject to another inspection,
and then come back for consideration of permit renewal.
Councilman Amstrup stateal he had gone along with continuance of
permit, although opposed to operation, because so much had been
spent on improvements. Hohrever, conditions had not been met; he
thought this was not the place for a disco; and he considered the
permit should be lerminated.
Councilwoman Barton stated she had originally opposed the business
because of low frequency noise. She pointed to the police report'
stated this establishment d.oes not bring a desj-rab1e type of
peopl-e to the City, and she did not believe this was the place for
a disco.
Councj-lman Mangini stated he had no objectj-on to the continuance
of this operation providing all conditions were met. He moved that
consideration of this amusement license be continued to the Council
meeting of March 5, L979 so that the applicant can come back in
fu11 compliance with specifj-ed conditions. Second by Councilman
Martin, carried on the following rofl call vote:
AYES: COUNCIL MEMBERS: CROSBY,MANGINI ,
BARTON
MART IN
NAYES: COUNCIL MEMBERS: AMSTRUP,
2. BLACK HORSE, 269 PRIMROSE ROAD
Services Bureau, Police Department, report of November 28, 1978
indicated no particular problern with this establishment over the
past year and recommended entertainment permit be renewed.
304
Councilman Mangini
newed for one year,
unanimous vote.
this entertainment permit be re-
Councj.lman Amstrup, carried by
moved that
second by
Services Bureau, Police Department, report of November 28
noted no police activj-ty at this establishment during the
months permit previously granted, and recommended renewal
permit .
,1978sixof the
Councilwoman Barton moved approval of renewal for one year, second
by Councilman Amstrup, carried by unanimous vote.
4. SHERATON INN: fI77 AIRPORT BOULEVARD
STAFF MEMORANDA
]. CITY MANAGER: CONTRACTS FOR BAYSIDE PARK CONCESSION STAND
City Managerrs memo of February 15, 1979 transmitted report fromDirector of Recreation that shared use of this facility had been
agreed by the Little League - April 1 through August 5 - and
American Youth Soccer Organization - September f through January31. City costs for maintaining the facility were tisted, andDirector recommended City Attorney be authorized to draft con-tracts for both groups to use this facility.
Council had no objection, and City Attorney was so directed.
2 . CITY I.IANAGER: POST OEFICE FUTURE
City Managerrs memo of February 15, 1979 reported that increasesin demand and changes in postal operation has caused problems
which may requj-re that some overflow from the Post Office annex betransferred back to the downtown station. Thus it is not the casethat the Post Office facility is to be disposed of. City Managerstated he did not believe the locaf premises will be available for
any other use. Memo attached letter of February 5, 1979 from Wm.V. Chapp, Regional Director, Real Estate and Building Department,U. S. Postal Service, San Bruno, which confirmed that Iittle space
would be available for City use and that there are no plans for
change.
Councilman Amstrup suggested this be researched further sincerecently the City hail been given different information from anotherpostal official-. City Manager stated this was possibly from an in-
formant on a lower Ieve1.
3. CITY ATTORNEY: VIEW ORDINANCE
City Attorney reviewed his report of February 6, L979 which attachedletter of January 26, 1979 from Cy Epstein, attorney, Powers, Bartke
& Russ, Richmond, detailing a proposal for an ordinance definingobstruction of view as a public nuisance and providing for enforce-
ment by private parties on authorization of CounciI.
City Attorneyrs report defined "public nuisance, " "private nuisance, "
"remediesr " and "abatementtr according to Civil Code; gave a compre-
hensive review of case faw on the subject of nuisance, remarkingthat ". . support can be found for almost any argument for or againsta given condition as a nuisancei " reviewed comments, questions,
3. DIAMOND SHOWBOAT: 410 AIRPORT BOULEVARD
l
t
F
I
Report of December 1, 1978 from Services Bureau, Police Depart-
ment, indicated this department had experienced. no problems v/ith
this establishment and recommended permit renewal for one year.
Councilman Arnstrup moved this permit be renewed for one year,
second by Councilman Mangini, carried on unanimous vote, Councj-1-
man }4artin abstaining.
305
problems, and procedural alternatives; and remarked he felt
uncomfortable with such a statutory delegation of authority
(proposed ordinance). City Attorney suggested the subject be
completely dropped if it is the City's policy not to become
involved in private disputes.
Councilman Mangini disliked the idea of having the City
volved in this type of ordinance.
l_n-
Councilwoman Barton concurred, stating this type of ordinance
would be dangerous. She thought the City should drop the matter
of view preservation and refer citizens to the American Arbit-ration Association.
Councilman Martin disapproved of proposed ordinance; suggested
that arbitration might work; and deplored personal attacks on
his family because of his stand on view preservation.
Mayor Crosby considered Council consensus was against the pro-
posed ordinance, and directed City Attorney to so inform Mr.
Epstein.
4. CITY ATTORNEY: RENT CONTROL
For the benefit of Council and audj-ence, City Attorney revi-ewed
his report of February 13, 1979 on rent control. Report coveredthe areas of preliminary considerations r pr€sent housing status
and methods of implementing action, legal basis for rent controls,
types of rent regulations, and concluded with Council alter-natives. Report attached "Rent Regulations Post Proposition 13,"
summary of rent control activity in California, and bulletin fromFair Political Practices Commission on the subject.
Mayor Crosby opened the meeting to audience comment.
The followinq people spoke of exorbitant rent increaseswake of erop5siti6n 13- and difficulties with landlords:in the
Frances warner, 1901 Garden Drive; Debra caputto, 1537 Eastmoor,representing the Housing coalition of san Mateo county; shirleyKing, 1933 Garden Drive; Martin Kantoff, 1090 N. Carolan; LindaLee, 2000 Trousdale; Jack Ste11ar, 1901 Garden Drive; Henry Maday,2000 Trousdale; Eva O'Connor, 1901- Garden Drive; Ms. Caton, 949Chula Vista. Clay Herman, representing San Mateo Board of Realtors,told audience realtors wished to cooperate with renters and wouldhandle their problems
RossBurress, 2957 Argue11o, urged cautiontrol because it could cause a shortage of
in considering rent con-rental units.
Earl Garrison, 1445 Bellevue, spoke as apartment owner statj-ngthat if people wanted to live in Burlingame they should be able topay the rent. He spoke of increased costs noting he made 6Z on hisapartment last year, as opposed to 10? if he had sold it.
At conclusion of discussion, Mayor Crosby announced to audiencethat Council would consider rent control at the study meeting ofMarch L4. At that tj-me a date would be set for a public hearingso that all interested people could give input. city Attorneycautioned that a study meeting is open to the public but notestimony is taken.
CONSENT CALENDAR
1. CITY ATTORNEY: DENIAL OF CLAIM,IIARGARET ARROW, RECOMMENDED
city Attorney's memo of February 13, 1979 transmitted letter ofFebruary 6, 1979 from R. L. Kautz & Company recommending thisclaim be denied. City Attorney concurred.
2. spEcrAL ENCROACHMENT pERMrT, 620 HOWARD
Memo of February 13, 1979 from sr. civil- Engineer transmitted
,@FryF rr.--
,l
1
.t
.l
I
306
application and drawing for encroachment of 10" into public
right-of-way at thj.s address. Engineer detailed background and
recommended approval.
3. ORDINANCE NO. ]-144 '' REMOVING YIELD SIGN AND ESTABLISHING STOP
SIGN AT BELLEVUE AND LORTON AVENUES,, INTRODUCTION.
4. ORDINANCE NO. 1145 "AMENDING SECTIONS OF THE UNIFORM BUILDING
CODE TO REQUIRE SMOKE DETECTORS
UNITS.'' INTRODUCTION.
UPON MODIFICATIONS TO DWELLING
Warrant Nos. 345 through 707, duly
$750,906.23. Payroll for January,
8681, Totaf amount of $339,056.48.
audited, in
I979, Check
the amount of
Nos. 8091 through
Councilman Martin moved approva] of the consent cafendar, second
by Councifman Mangini, carrj-ed on unanimous vote.
UNFINISHED BUSINESS
Councilwoman Barton noted the vacancy on the Park and Recreation
Commission. It was agreed she and Councilman Mangini would co-
operate in reviewing candidates for this commj-ssion.
SALE OF CAROLAN AVENUE PROPERTY
Councilman Martin mo'./ed that the basic transaction for sale of
the Carolan Avenue site as set forth in City Managerrs memo of
february 20, t979 be approved, second by Councilman Amstrup,
carried on the following ro11 call vote:
AYES3 AI.{STRUP, BARTON{ CROSBY, MARTIN
Memo of February 20, 1979 from City Manager informed Council that
Mike Harvey Ol-ds and Arata Pontiac would accept the City's counter-
offer on this property of $680,000 with 20? do$rn, balance at
monthly payments for ten years and 11.5? on unpaid balances-
Councif discussed, remarking on caution necessary in drawing up
agreement so that uses are suitable.
NAYES: COUNCIL MEMBERS: MANGINI - Opposed because
it imprudent to seII the property until the City had
to resolve the acknolvledged police station problem.
he thought
decided how
Council briefly discussed letter of Airline Pilots Association
d,aLed, 2/L/79 to the City of Mil-lbrae on the hazaril of this pro-
ject. councilman Martin reported the ALUC had already considered
ahis matter and had forwarded their recommendations .
PROPOSED HOTEL AT CORNER OF MILLBRAE AVENUE AND OLD BAYSHORE
VICTORIA STATION
oaviil Keyston reminded Council of their decision on June 19, \978
to aflow a corrugated metal roof on this building subject to
several conditiois, among them one hour fire-resistive construction,
use of a heavy timber roof . . . and a futl water tight roof under
the metal roof. He asked that these coniliti-ons be clarified as to
whether or not one layer of mopped tar paper rather than three could
be used, noting that the other conditions are met.
council and staff discussed. Director of Public works agreed with
councifman Martin that one layer will provide ful1 water-proofing,
but noted that the code requiies three. Upon further discussion
Fire Chief stated he had no objections to just the one layer as
Iong as it was fully mopped - if they would comply with the one
hour construction and heawy timber-
5. APPROVALS - WARRENTS AND PAYROLL
307
re
ACKNOWLEDGMENTS
1. Letter of February 5, l-979 from Everett K. Kindig res j-gning
from the Planning Commission effective last of March, 1979.City Manager was directed to prepare a letter and commendationfor presentation to Mr. Kindig at next meeting of planning Com-mj-ssion. Councilman Martin requested that Mr. Kindig be allowedto remain as his alternate on RPC. Council had no objection.
2. Letter of January 23, 1979 from Sister Cities Internationalinviting Burlingame to join the National Association.
Letter (undated)
use of dumpsite.
from Lee R. Provin, 2625 Martinez Drj-ve,
4. Letter of February 7, L979 from Mr. & Mrs. Leslie p. Marino,
1338 DeSoto Avenue, re use of dumpsite.
5. Letter of February 9, 1979re airport noise - Concord.e.
from Ed Arnold, 213 Anita Road,
6. Fire, Police and Treasurer monthly reports.
7. Progress report Anza Area dated February 14 , 1979. David
Keyston requested progress on final EIR, but Council decided todiscuss this report first at the next study meeting,
8. Beautification Commission minutes 2/L/79.
9. Assistant City Planner: negative declarations,
10. Planning Commission minutes February 8, )-979.
ADJOURNMENT
Meeting adjourned al 12z 10 A.M
Q-'-rz4r-r.-.t :7 7,1EVELYN.4{. HTLL
City Clerk
tL