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HomeMy WebLinkAboutMin - CC - 1974.10.07263 Burlingame, California october 7, 197 4 CALL TO ORDER A regular meeting of the Burtingame City Council was called to order on the above date at 8:05 P.M., Mayor william J. crosby presiding. PLEDGE OF ALLEGIANCE TO THE ELAG: Led by Gerald A. Nordstrom, Chief ROLL CALL Present - Councilmen: Ams trup-Crosby-Cus ick-Harr i son-Mang ini Absent - Councilmen: None MINUTES The minutes of the meeting of Septembet L6, L974, previously submitted to the city Council, were approved and adopted with the folLowing additions:1. Item *2 under Cofiununications : To the sentence "In response to Counc firmed that books and magazines will ADD "nor movies of any type shown."--. rten *l under communications: not be available for purchase" F'UN HOUSE 224 CALIFORNIA DRIVE man ang D1 r e an con- PARK PLAZA CONDOMINIUM APARTMENTS Councilman Cusick referred to the check--IiEE tlt]ted "Major Items For completion, 110 Park Road" prePared by the Director of Pub1ic works. She asked that the 19 items noted thereon be included in the minutes. This was done by identifying the check tist as Page 262A and inserting it in sequence in Volume 17 "ltinutes City of Burlingame" on file in the Office of the City Clerk. HEARING I ROLLINS ROAD LTD., PROJECT: PROPOSED OFFICE,/WAREHOUSE BUILDING ROLLINS ROAD AND NORTH CAROLAN AVENUE SPECIAL PERMIT APPROVED TO EXCEED 3Ot LOT COVERAGE Mayor Crosby announced that the hearing on the application filed by Maury Kolos for Craighead Development ComPany for the above Project was Eontinued from the meeting of September 16 to the Present time for the applicant to again confer with the City Planner on area to be designated office space, parking layout, landscaping and alternative building design in the area closest to North Carolan,/Marsten inter- section to improve visibility to traffic. Mayor crosby accorded the Privilege of the floor to the proPonents. Th-ey were represented by Cyrus J. McMillan, Attorney. I*1r. McMillan informed the council that Maury Kolos is out of the state and that he hras requested to represent the aPplicant. He reported he has repre- sented Mr. Kolos on many other matters, primarily in South san Fran- cisco where Mr. Kolos his developed a number of good industrial buildings. Mr. McMillan reported he spoke with the City Planner earlier in the day concerning new plans submitted by the applicant, r,rhich vrere preparEd to incorporate all of the changes requested by the City Council . Building deslgn r"ras changed to imProve sight distance at the corner of Marsten and North Carolan, area shown as "open cor- ridor" on prior pJ.ans has been deleted and landscaping increased. Furthermore, the appli.cants will accept a condition of no on-street parking at the site of this develoPment. l'1r. McMillan referred to the mj.nutes of the Planning Commission, september 24, Lg'l 4, quoting therefrom "Commission recommends to the city Council that while this Project on site technically meets the requirements of zoning, it should not be considered until there is another way off North Carolan, because of traffic problem." Mr. McMillan made the following points: 1. This proPerty fronts on Rollins Road. 2. one of the traffic problems is caused by a property 26,+ on the opposite side of North Carolan at the rear of this property withIarge trucks backing in where there is only 20 feet of setback.3. It is not, within the power of this property owner to open upNorth Carolan Avenue. This property is some 900 feet from the endof the street. He stated that the present owner has held title to theproperty for some time, that the development is consistent with thezoning, that, admittedly, there is merit in the idea of extendingNorth Carolan to a through street, but this should not be the legalobligation of this property ourner. The City Planner reported two points made by the Planning Commissionwith respect to parking: Spaces heading into Rollins Road permit the cars to overhang planted area by two (21 feet. Would cars parked between the building and North Carolan have safe and convenientingress and egress? Mr. Mclvlillan explained that spaces off North Carolan would be employeeparking with ample room to enter and leave. He mentioned this is nota retail operation, nor foot-traffic type of building. He reiterated the project meets code requirements. Councilman Harrison stated it appears that vehicles exiting to Rollins Road will encroach on a pedestrian passageway. The City Planner agreed this would be so if there were pedestrians. Hestated he has never seen anyone walking there. IUr. lilcMillan pointed out the parking spaces are on private property. Mayor Crosby asked if drivers will enter at a driveway. 1,1r. Mcl,tilLan stated parking is paralle1 to the building with ingress and egressat a curb cut as in a standard driveway. Councilman Amstrup asked if truck loading area will be depressed. Mr. McMillan responded it will be at grade, that doors will be 14 feet in height, and that if the Council were to impose conditions that there be no construction of any kind in the truck loading area, and that trucks must unload inside the building, this woul.d be acceptable. Councilman Amstrup asked for clarification of hatched Iine designated No. 7 through the truck loading area off North Carolan. Ivlr. McMillan reported this indicates where a partition may be installed to divide the space at tenant request. Councilman Cusick asked if there $ras a sketch showing finished project. t4r. t{cMillan explained therewas not time to prepare a new rendering but, design modifications were made to the original. This was dis- played and changes described. Councilman Mangini asked if the project meets M-l District Regula- tions. The City Planner responded that staff has the t{-1 District under consideration. It{il}s Creek separates Millsdale Industrial Park from the older M-I area. Deed restrictions in the industrial park are far more demanding than !tt-I zoning regulations. on properties Iocated in Millsdale, there is a side yard of I0 feet required and minimum setback from a secondary street of 15 feet. If either of these vrere applied on the subject property, 15 feet setback would be necessary on both lilarsten and North Carolan. Millsda1e requires capacity for truck loading and unloading on site. The older 1"1-I area is in the process of being upgraded and zoning code amendments will be prepared to incorporate setbacks in the area. While these are not there nohr, staff is at,tempting to achieve the best develop- ment for the city. This proposed development appears to satisfy I'[-1 District Regulations but would not satisfy Millsdale Industrial Park deed restrictions and what staff believes will be future zoning restrictions. Mr. McMillan stated this development with 578 coverage and 10t Iandscaping will be far more attractive than other properties on the street where there is 100t lot coverage, property line to property line. ,)(J-r Councilman Amstrup asked ltlr. McMillan if he would accept a condition that there be no additional office space without City Council approval . He responded yes. councilman Harrison asked if 10t landscaping will be furnished. Mr. IvlcMillan stated the proposal was 8-1,/2*, the developers saythey have increased by approximately 1*. Referring to the Plannerrs comments on activities in progress to upgrade zoning in the area to be consistent lrith zoning across the creek, and the Planning Com- mission's concern with traffic flow, councilman Harrison announced concurrence with the findings of the Planning Commission (project not be considered until there is another way off North Carolan) . Councilman Mangini asked is it certain that truck loading will be inside the building? Mr. McMillan to be that way, and that the develo that effect. Further in response t confirmed that red zone at. the prop ponded yes it is intended will accept a condition to ouncilman Mangini, Mr. McMillany frontage will be acceptable. res PeroCert Councilman Cusick asked if some of the parking spaces can be moved back so vehicles will not encroach into the lawn now that the corridor no longer exists. Richard Lavenstein, principal in the project, explained that location of exterior wall of the building has not changed. The corridor was eliminated by simply moving windows forward to erhere the exterior wa1I had been. In response to a series of questions from the Council regarding enforcement of conditions that might be attached to the use, theCity Attorney explained where there are traffic controls on thestreet, persons who park ilIega11y are cited, but he r^ras not sure of what practical sanctions there are about violations of this kind.Further, if there is consistent violation of the conditions, thecity can enjoin illegal use of the building, there is legal recourseif more office space is created hrithout city approval and if truck loading spaces are not provided as agreed. Conunenting that the proponents have made the effort to cooperate $rith Council and staff, Councilman Amstrup moved that a specialpermit be granted craighead Development company for an office-ware- house building at the corner of Rolli.ns Road and North Carolan withlot coverage of 57t. The notion was conditioned as follows:1. Truck loading areas to be preserved as indicated on plan stamped "Received 9/20/74 City of Burlingame," on file in Office of city c1erk, storage and additional construction prohibited in these areas .2. Trucks must unload inside building.3. Red zone to be painted at North carolan Avenue frontage ofproperty thereby prohibiting curb parking.4. Area of office space indicated on approved plan not to be expanded unless approved by city. Motion seconded by Councilman Mangini. Buel c. Proffltt, owner of improved property on North carolan opposite subject property, addressed the Council reguesting considera-tion to extending North Carolan to Rolllns Road. He discussed heavy truck traffic, Iack of turn-around facilities and resultant congestion when drivers go down to the dead end, maneuver a turn there and travel back over North Caro1an. Mr. Proffitt recalled an agreement betvreen the city and Robert Etienne several years ago r,rhereby Mr. Etienne vrasto construct the road to tie in with Rollins Road as a condition to subdividing and developing his property. Director of Public works confirmed there rdas 6uch an agreementEtienne did not pursue his plans for the property, that ownershiptransferred at least twice, and that he was not aware of a like eement with successive olrners. lilayor Crosby requested the City Attorney to research the agreement asto status of road improvement. The but has a9r 2(;b The motion above-stated carried on the following rorr call:AYES: COUNCItiTtEN: Amstrup-Crosby-Cusick-Mangini NOES: COUNCITMAN: Harrison MrLLS ESTATE I1EDICAL CENTER I L828 EL CAMTNO REAL CHANGES IN CONSTRUCTION PLANS This subject was brought to the attention of the City Council at its meeting on August, L9, L974, in a memorandum from the City Planner advising that "leaseable office space is under construction at alocation previously indicated for parkirgr" was carried over to the September 3 meeting and, subsequent to that at the applicant's request, continued to the present meeting. Mayor Crosby announced that the Council received a communication from the City Attorney dated October 7, L974, concerning procedure. The letter was read. Following is an excerpt: "It appears that theonly matter which is being considered is a violation of the buildingplans submitted with the building permit. In this type of case the remedy of the city is to require that the new construction be done to code and, if the building official wishes, to assess a fine to the permittee. In other words, the only action which can be taken in this case is at the staff level, within the perogat,ives of the building official. I don't see any basis for the council getting involved in the matter. (Note: I am informed there hras an agree- ment with the Park Plaza developers, so that it is a different case.) I would therefore suggest that this be referred back to staff for appropriate action at their IeveI." Councilman Amstrup asked that the record show the differences between the two cases - MiIIs Estate l'ledical Center and Park P1aza Condominium Apartments to disprove favoritism on the part of the City Council. Councilman Cusick noted that many of the changes that occurred in the medical building resulted from staff recommendations. The Council concurred with Councilman Harrison's suggestion that the Citv Attorney prepare a statement to be attached to the minutes detailing specifi- differences in the two situations. (SEE ATTAPHMENT) 7"u, i''/.i'- r The matter was returned to staff . i'' COMMUNICATIONS I A & !T CONSTRUCTION COMPANY REQUEST TO PAVE L2' BY 14' STRIP ADJACENT TO 952 CHULA VISTA AVENUE Under date of September 24, L974, Ardo Muhlack, General Contractor, 63I West Poplar Avenue, San Mateo, sought permission to pave the above area, In a communication dated October 3, L974, the City Manager reported that the strip has been to.. the City Council on two prior occasions and no agreement for its paving or use was ever concluded. It was his recommendation that the matter be reviewed by the City Attorney and his office and decision reserved until the next meeting. In a report dated September 26, the Director of Public Works cited five (5) areas of concern arising from I'1r. Muhlack's proposal. Mr. Muhlack, upon recognition by the Chair, explained that he has just completed a new apartment building at 952 Chula Vista, that the inimprovld strip immediately adjacent is used for disposal of garbage and iubbish and overgro$rn with weeds, to the detriment of his and other properties; hopefulty, the Council will allow the paving. In response to Councilman l'langini, I4r. I"luhlack confirmed that the strip was used for driverrray purposes in the past but. this is not his intei1t as there is an 1l foot wide driveway on the site of the new Uuifaing for access to the rear. He agreed that the space probably rdould be used for parking and suggested that a fence would b way to prevent that. with respect to landscaping, in lieu o It{r. Muhlack stated a culvert about 12" below ground prohibit planting but shrubs probably would grow. etfpse 267 he only avement , I aborate Further discussion was delayed pending review and rePort from the City Manager and City Attorney. Mr. Muhlack was invited to confer vrith the Director of Public Works on items mentioned in his communication. 2. ADVERTISING FOR BIDS STREET RESURFACING PROGRAM AUTHORIZED A request from the Director of Public Works, October 3, !974, with addendurn under same date from the City Manager for authorization to advertj.se for bids on annual street resurfacing progrErm was approved on motion of Councilman Mangini, second by Councilman Amstrup, carried on voice vote . In connection brith the above, Councilman Mangini reported there are several cracks in the paving on Burlingame Avenue. He asked the Director of PubIic works to investigate. Councilman Amstrup com- mented that almost every time the city resurfaces a street theutility companies have someof the new surface. He suggtigate to determine whetherstreet work for a certain Ie resurfaced . t that involves removing portions the Director of Public Works inves- ty can legally deny a permit forf time after a street has been proj ec estedthe ci ngth o 3. FINAL CONDOMINIU!,T SUBDIVISION MAP - SANDPIPER WEST In a communication dated september 30, L974, the Director of Public works reported that the Planning Commission considered and voted five to one to recommend City council approval to the above map with certain conditions: 1. The City Attorneyrs requirement t and record names of current home owners association board2. Approva} by Park Director of landscaping, irrigation a lighting p1ans. In an addendum to the cofiununication, Octo the City Manager advised that the Park Director has aPprov portion and the conditions have been met. nd outd o identof dire ber 3, ed his ifvctors. oor 1974t A notion by Councilman Amstrup, second by Councilman Mangini, carried on voice vote, approved Sandpiper West Condominium Einal Subdivision Map being Lot 14 and portion of tots 13 and 15, Block 8, Burlingame Land Company Map No. 2 1525 Alner Road) . 4. FI.,ASHING RED LIGHT, SKYLINE BOULEVARD AND HITLSIDE LANE The request of P.H. Broaddus, 3208 Hillside Lane, dated September 20, for consideration to the above installation, urgently needed because of increasing pedestrian and vehicular traffic, was referred to the Po1ice Department and Health, safety & Traffic Commission for inves-- tigation and report. Under date of october 31 7974, the City I'{anager forwarded a communi- cation from Natalie Lanam, Vice-Chairman, San Mateo County Bicentennial Committee, advising that the County Committee has not received information from the City of Burlingame on its aPpointment of a Chairman or a conunittee responsible for planning community centennial programs. In his memorandum to the council, the City Manager reminded that this city opted to endorse the county Committee's efforts rather than have a seParate local commi.ttee. His suggestion that a copy of Resolution No. lL-74, adopted by the Council in February, L974 "Endorsing The Efforts Of The San Mateo county Bicentennial comnittee" be forwarded to the Bicentennial office was accepted. At Councilman Mangini's request, the City Manager was directed to research to determine if the city had named a coNnittee. 5. BICENTENNIAL PROGRAM 2u8 6. COMMISSION REAPPOINTMENTS Mayor Crosby announced the Council has confirmed the following: io Beautification Commission: Mrs. Martha Benson, Mrs. Willa t.Sexton, l,[rs. A1ine H. Lorenz. To Park and Recreation Commission: Charles J. Brickley, Jt.1 Robert, Leahy, Celestino Romoli. INTERVIEWS COMMISSION APPLICANTS The Council agreed to meet at 7:30 P.M. tlonday, November 4l to discuss appointments to fill vacancies on Health, Safety and Parking -ommissions. The City Manager was requested to Mr. Walter Schlicher, who has indicated interest in Health, Traffic. RESOLUTIONS L974, e Trafficinvite Safety & l. RESOLUTION NO. 55-74 "Authorizing Execution of Agreement With anza , Crocker Bank And Harry C. Kuchins, Jt'2 For Restoring Walt Opening" (Existing building and building to be erected, Lott 2 and -3, Bl5ck 1, Anza Airport Unit No. 2l was intro- duced by Councilman Amstrup, who moved its adoption, second by Councilman Mangini and unanimously carried on ro11 call. Councilman Mangini stated it would be helpful if street address were given in documlnts of this type in addition to legal description. 2. RESOLUTION "Concurring In Proposed Reformation Of The Regional elanfr3.ir ttee of San l{ateo County." Action on this legislation was deferred pending review at the Council "t"ay *."ti"g, Noiember I3. Councilmen Amstrup and Cusick protested the Lxtent oi authority to be vested in RPC. Councilman Cusick asked for clarification of precise legal pot ers, will RPC be advisory or authoritative, will it hlve the power to overrule a cityrs decision? Councilman Mangini, Burlingame representative to RPC, reminded that RPC is subject to the Board of Supervisors. ORDINANCES I. ORDINANCE NO. 1018 "An Ordinance Amending Sections 9.04.011(a), a"affiicipa1CodeAndIncreasingDogLicenseFees And Fees For Impounding an& Keeping Dogs Running At Large" *1"- given its second reading. O; motion of Councilman Harrison, second by Councilman Manginl, said Ordinance passed its second reading and rdas unanimously adopted on ro11 call. 2. ORDINANCE NO, 1019 "Adding chapter 11.05 To Title I1 (Trees i"avffiuunicipi1ColeAndRegu1atingDistinctiveAndHeritaie Treesi' was given its second reading. on motion of Council- man Cuiick, second by Councilman AmstruP, said Ordinance passed its second reading and wls unanimously adopted on ro11 call. 3. ORDINANCE NO. 1O2I "An Ordinance Amending Section 15'08'070 oirffistab1ishingRatesofSewerRentalCharges.' was given its second reading. Acknowledgment was made of a communication dated October 3, L974, from George Demetrius, President, Burlingame-Hills Improvement Associati6n, Inc., commenting on sewer rental charges and other aspects of seuter servj.ces in Burlingame Hills area. Mr' Demetrius wai present, In response to Mayor -rosby, he explained the let,ter was directed to the iity CounciL at, the iequest of the Board of Directors of the Hills Improvement Association' On motion of Councilman Amstrup, second by Councilman Harrison, said Ordinance passed its second relding and was unanimously adopted on roll call. (i 1)5) UNFINISHED BUSINESS 1 [xplorer Post 833, Boy Scouts of America: Councilman Amstru p recalled that PeteE J. natto, 778 Cfossway noad, appeared beforethe Council at its JuIy 15, 1974, meeting to request the CityCouncil's help in finding a location for the trailer used as a meeting place and training center, and the Council agreed to assist lrhere possible. Councilman Amstrup asked that this matter beplaced on the next study meeting agenda. 2. Covey Trucking: In response to Counci}man Amstrup, the City uanag-i -EpoiEEtI-TEat the former City Attorney and he both rrroteIetters informing Covey of his illega1 occupancy. There has been no answer. Jerome Coleman, successor to the former city attorney, informed the Council he intends to pursue the matter and report to the Council.. 3. ILlegal structures: Counci.Iman cusick asked if something can be done about the garageat 1600 Broadsray. Also, it appears that the tenant has vacated the illegal structure at 1562 Cypress Avenue. She asked if thecity can order this structure demolished. The City Attorney was requested to investigate and report. 4. Barnett Property, Ralston & Occidental AvenueE: In response tocoun@toi of Public works reported that the tentative parcel map was approved by the Council March I8, 1974. According to the ordinance, the subdivider has 18 months to submita final map. oCTOBER 21 CITY COUNCIL MEETING Mayor Crosby announced that the meeting regularly scheduled for t he third Monday thj.s monthwill not be held because of conflict with League of Californiacities conference, Los Angeles. (Next Council neeting Monday LL/4/74.1 NEW BUSINESS PUBLIC UTILITIES PRELIMINARY HEARING - SOUTHERN PACIFIC COMPANY 1I1* &ATE INCREASE At Councilman Cusick's request, the City Manager was dlrected to inform the Public Utilities Commission that this City Counci'1 requests that the preliminary hearing on october 9, 1974 on Southern Pacific rate increase be delayed until the Assembly sub- corunittee report and Auditor General's report are received. Councilman Amstrup suggested that the City Manager also inform Assemblyman Louis Papan's office of the Council's Position. P ROC LAMAT I ONS l"layor Crosby p roclaimed october 6-12 FIRE PREVENTION WEEK, and the month of OctobeT UNITED BAY AREA CRUSADE I\,IONTH. ACKNOWLEDGMENTS--eotnmuilcations: Mrs.E. Feliz, 610 Ansel Road, September 28, L971, commending the Council on its performance. City of Millbrae Resotution 74-92 ob)ecting to proposed increase in southern Pacific Company commute fares. Ms. Jane Barber, 732 Vernon way, comPlaint on recent rock concert, and Recreation Director response. The Honorable Louis J. Papan, september 24 rL974, aPPreciation for use of Council chambers recently. Supervisor James v. Fitzgerald, September !6, L9?4, concerning formation of council of regional agencies. Pacific Gas & Electric Company, october 2, L974, notice of application to california Pub1ic Utilities Commission to increase electric service rates. illegally converted to dwelling quarters 2i {) ACKNOWLEDGMENTS (cont.) City Planner report, October 2, L974, "Unsightly Vehicles in Resi-dential Areas. " Minutes: Health, Safety & Traffic Commission, September 12,Library Board, September 17, Park E Recreation, September 10, Parking, September 25, Planning September 1I and 23, L974. BUS SERVICE The City Planner announced that people are being invited to ride a UUB?Shopping during the months of November and December. Afoufth bus will go into operation and service wiII be improved on the HiLIside,/Trousdale route--Route D. ADJOURNIIENT There being no further business, the meeting $ras regularly adjournedat 9:50 P.M. Respectfu).ly submitted, Her ert K.v er Attachment to mlnutes of meeting of October 7 , L914. Park Towers: L2/LBl72 - Council, hearing on AppLication for speciaL permlr under- the__Burlingame Avenue Area Off- Street- parkingDistrict Height Limitation Ordlnance - Denied. L/L5173 - Rehealiqg on special permit appllcatlon - Conrinuedto 2/5 /73 2/5173 - Resolution Making EnvironmentaL Impact Reportadopted,- with modif ications . Building pe-rmit approved for construction of structure in accordancewith plans submltted. 2120173 - AgreeTent for sp-eclal permit approved - Agreementprovides: "The bulLding shaLt- Le construftedaccording ro plan entltled "PARI( PLAZA TOWERS cONDoMrNrLlM APARTMENTS, prepared by wilLiam KubachAssoc. , - Inc. , _Designers, consistlng of six (6)sheets identlfled as follows: . . ; and submlltedto th9 9fty February 5, L973, sgid plans specificallycontaining no rooms deslgnated "DENtt Sltgll| - _fequest for "Consideration of floor plan changes".Hearing continued due to 4 member council. 9/3174 - Denled request for amendment to map and speclalpermit agreement. 9lL6174 - Denied request for reconsideration of actlon ofe/3/74. Mills Esrare Buildlng: 2120/73 - Resolutlon Making Envlronmental Impact Report adopted. 815/74 - Rgeu-est !y developer for encroachment permit formisplaced retalning walL - Denied 9lL6l74 - Request- for_change in construction plans - continuedto October 7, L974 on applLcantrs request. L0/7 /74 - Referred to Building Inspector on advlce of CltyAttorney. U CHRONOLOGY OF COUNCIL ACTIONS PARK TOL{ERS cONpOUrNrlLM ANp }{LLS ESTATE!_ }mprCAL BUrLp_rNG