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HomeMy WebLinkAboutMin - CC - 1974.09.16251 Burlingame, California September L6, L97 4 CALL TO ORDER A regular meeting of the Burlingame City Council was called to order on the above date at 8:20 P.M., Mayor william J. crosby presiding. PI.,EDGE OF ALLEGIANCE TO THE FLAG:Led by Gera1d A. Nordstrom, Chief of, Police. ROLL CALL Present : Absent : councilmen: Councilmen: A,ms trup-Crosby-Cus ick-Harr i son-Mang ini None The rni.nutes of the meeting of September 3, L974, previously sub- mitted to the City Council, rdere approved and adopted following an amendment under the titl.e "FINAL PARCET MAP, 545 ALMER ROAD," last sentence, final paragraph to read "Motion seconded by Councilman Mangini and carried on voice vote. " CONTRIBUTION POR PURCHASE OF SCOREBOARD, BAYSIDE PARK william H. Ayres, 14.D., 2265 oakdale Road, Hillsborough, Chairman, "contributors to the Bayside scoreboard Fund, " addressed the council on behalf of 91 Hillsborough residents who joined together to raise money to cover the cost of the scoreboard. Dr. Ayres stated thatall of the contributors, parents of children who played in Burlingame- Eillsborough Little Leaque are alrare they do not pay taxes to supPort Bayside Park and chose to do this as a gesture of good wil1. In accepting the check for $1,615.00, Mayor crosby expressed the city's apprecJ.ati.on. BURLINGAME-HILLSBOROUGH LTTTLE LEAGUE Mr. Raymond J. Mason, 1451 Balboa Avenue, president of this group, thanked the City Council for use of facllities at Bayside Park and made special mention of the cooperation and assistance received from Park and Recreation Departments' staff. BIDS WATER SYS?EM I!.{PROVEMENTS shaw Construction Wenrick t AssociatesFairley constructors Dalton ConstructionL.J. KrzichSilva's Pipeline Challenge Contractors Mccuire & Hestor $188,975.50 205,877 .00 237 ,915 .05 257 ,27O.00 27I ,324.553r2,930.00 329,3r8.15 331,331.00 RESOLUTION NO. 52-74 "Awarding Contract Water System Improvements, MINUTES contractors' bids for the above work, opened at 2:00 P.M., Ilednesday, septernber 11, 1974, were declared as follows: BIDDERS TOTAL BID Engineer's Estimate S250,934.00 In a cotnmunication dated September 12, 1974, the Director of Public Works noted several irregularities in connection with the Io!, bld from shar,v Construction and recomrnended, on the basis of these, that the bid be rejected and the contract awarded to second bidder, Wenrick & Associates. In an addendum to the coflununication, the city Manager concurred in the recommendation. 252 Job No. 74-2" was introduced by Councilman Amstrup who moved its adoption,roll caII. second by Counc ilman Harrison and unanimously carried on(Wenrick & Associates $205 ,877 .l HEARINGS 1. ROLLINS ROAD trD., PROJECT OFFIC E-WAREHOUSE BUILDING, ROTLINS ROAD &NORTH CAROTAN AVENUE Mayor Crosby announced a continued hearing from the meeting of Se-ptember 3, Lg74r on the above project, Mr. Maury Kolos rePresenting thl property owner in an application for special permit to exceed 30t lot coverage. At the Chair's invitation, the City Planner initiated the discussion. He stated that he spoke with the property olrner earlier in the day and was assured thal tqr. Kolos is an authorized rePresentative in the matter of application for special permit. The Planner commented further: 1. P}ans received subsequent to the last meeting and forwarded to the City Council have a new dimension indicating lot width of I39 feei, g-L/2 inches, which hes been confirmed by city staff. 2. A better project is possible on the lot. 3. One concern is with actual size of building and interpretation of whether space between the exterior wall of the building and the glazed wall inset from that should be counted as warehouse sPace. it is staff's interpretation that it should be counted as office space, which would require more parking. 4. North Carolan Avenue is 40 feet wide from face of curb to face of curb, 3/IO mile long, a dead-end street with heavy traffic. Immediately opposite this project, Union Oit Central Tire Warehouse has trucks-and trailers coming and going all day 1on9. A large truck backed up to the loading dock projects 10 feet out from the curb leaving 3-0 feet of travel way. This is reduced further because of on streel parking. At the frontage of the subject property, there were sii cars parked at g:00 A.Irl. Applicant's plans indicate five (5) or possibly six (6) truck loading places all off North Carolan. Trucks are expected to back into the building to unload' The applicant states that a truck can go into the building and be untoaala inside if the door is open. Staff contends that large trucks would still have to maneuver on the street. 5. Another concern is proper siting of the building. Reference was made to a sketch (prepared by Planner) showing what the appearance wouLd be for a three (3) foot high fence. PresentJ"y;::Ghereria a:r69u- lation providing for minimum sight distance on a corner lot. A fence cinnot be more than three (3) feet in height measured 15 feet from the corner. The building extends up much higher than three (3) feet and would tend to block view. With the amount of traffic coming and going on this street, the building corner might be redesigned io piovide better sight distance at the intersection corner of North Carolan and Marsten. The fence line shown on the sketch intersects the last parking bay, that parking sPace would obstruct sight, distance around the corner and should not be permitted. 6. Amount of area for landscaping on submitted plan is 8-L/2*. This was discussed with Park Director. He says South San Francisco has minimum landscaping of at least 10t of lot area. The building covers 57-L/2? of lotr-parking and driveway the other 34t; 8-L/2* landscaping includes two l2l feet of lawn on Rollins Road where an automobile would protrude. Along North Carolan Avenue, there is no vray staff could see to provide street trees. In staff review there wai indication that maybe parking spaces at the rear are so located that cars could not gel in- and out easily and some of that could be devoted to landscapirg, 180 square feet for that space would increase landscaping L/2 to It. 25:i 7. Landscaping, blind corner, difficulty of trucks on North Carolan, plus uncertainty of corridor leaves staff rrith the wish a li.ttle better project could be achieved. In response to Councilman Amstrup, the Planner stated that dimensions added to the plans have been confirmed by staff but drawing is not to scale . councilman Harrison asked in the event the diagonal line is cut, and the building redesigned for vision at the corner what would that do to rrarehouse floor area; how much would it diminish? The Planner stated that area t{ould be about 50 square feet that could be either warehouse or office. He suqqested it be considered office. Council- man Harrison asked how much more parking would be required if the parking bay were eliminated on the north side of North carolan. The Planner stated that considering staff interPretation of officefloor area, there would be three (3) parking spaces deficient; more spaces removed would add to deficiency on slte. councilman Mangini asked if it was the Planner's reconmendation there be no parking ior anyone on North carolan, or just this Project. The Planner Euggested city council consideration to red curb between driveways only on the side r^rhefe this proJect is proposed. Mayor Crosby recognized Mr. Ko1os. He stated the building is proposed to cover 57t of the Iot, that it is his understanding MillsdaleIndustrial Park has deed restrictions of 70t coverage, that two buildings recently built on North CaroLan cover 61.3* and 65t lrith considerably less than lOt landscaping being discussed here. With respect to the window waII, the develoPers are attemPtinq to design an attractive buildj.ng, the wa1I is an added decorative feature that r.rou ld not be removed for added office space because it would be much easic! and less expensive to make more office sPace by going into the r'rarehouse; aII that wouLd be required there rrould be to cut a hole through the sheetrock walL; trhereas, the window wall is above 4x2 headers, above that, plywood facie, plaster and sprinkler system. Mayor crosby aEked if this is a concrete permanent !ra1l as in an arcade. Mr. Kolos responded it ls a window wall. I"tayor Crosby corunented there have been some peculiar situations recently where people have said they worlt move wal1s, but they do. Mr. Kolos stated that the corridor is not office space, business will not be conducted there, and it is considered other than office in parking ratio. Councilman Mangini referred to a previous transmittal from the city Planner wherein he stated he could not recommend the project for approval. Counci}man Mangini asked the Planner if he would bewilling to recommend it now. The latter responded no. Councilman Mangini asked Mr. Kolos if the Planner answered yes, would he (Ko1os) be willing to make changes recommended by the Planner. Itlr. Kolos stated he did not want to cut the building dovrn any more, that, inhis opinion, there is no problem in developing the project as presented. In response to Mayor crosby, Mr. Kolos stated the formula of one (l) space for each 1,000 sguare feet gross floor area was applied to the corridor in computing parking. The City Planner read from the Uniform Building Code (Page 38, 1967Edition) "Floor Area is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or Portion thereof, not provided with surroundi.ng exterior walls shall be the usable area under the horizontal projection of the roof or floor above." Mayor Crosby asked the City Attorney for an opinion on whether the area in question. should be considered office sPace, warehouse or corridor . ?he City Attorney advised the City Council to accePt U.B.C. definitionof Floor Area and apply it to determine required number of parking spaces. In commenting that council and staff are always fearful of 254 code violations, the City Attorney stated "you can't say it can beviolated, therefore it is." Furthermore, it would seem in applying U.B.C. definition that the Council would make some adjustment for what, is fact - there is going to be an exterior waII and actual space to be occupied until such time that a change occurs. I{r. Kolos distributed photographs of truck traffic and parking on North Carolan. He stated there is large, heavy equipment unloading and loading constantly on site and on street at the tire warehouse, trucks cannot pu1l. into the building; whereas, the building he is proposing will be a form of mini-warehouse providing storage spaces approximately 41000 square feet in area. One prospective client, a carpet company that uses step up vans, will take 81000 squarefeet. Another interested person, a surveyor, intends to reduce hisoffice space and wants storage for records and maps. Peop1e whowill use the facilities will not be bringlng in large loads requiring oversized trucks. Their hauling will be done in small vehicles that can enter the building, loading and unloading will be inside thebuilding; there will be no large vehicles projecting into the street. With respect to sight problems at North Carolan/Marsten intersection, Mr. Kolos pointed out that North Carolan is a dead-ertlstreet, that traffic does not move as fast on a dead-end street as on a through street; traffic going west on Nerth Carolan must take a right turn,traffic going south, a left turn; this is not a blind corner. Councilman Cusick stated that if the building is built as depictedit rdilt be attractive; She informed I'lr. Kolos she will want land- scaping and asked if he would be willing to convert some of the office space to warehouse; parking would then satisfy code. Mr. Kolos advised that the intent is to build on speculation with maximum office space, aLthough all of this may not be needed. During a period of discussion, the Council complimented Mr. Kolos on architectural quality. There was a consensus that he meet again with the City Planner in an effort to resolve matters at issue::precise area of office and warehouse space, parking, land- scaping, sight obstructions at North Carolan and Marsten. Further consideration was postponed to the meeting of October 7, L9'14. RECONVENE Following a recess at 9:30 P.14., the Chair reconvened the meeting at 9: 45 P.M. HEARINGS Xcont.) 2. SPECIAL PERMIT:TEMPORARY RETAIL SALES IN INDUSTRIAL DISTRICT , 1616 ROLLINS ROADSEE-M-SEE, rNC. The appeal of Mike H.T.Chu, dba SEE-M-SEE, INC., from Planning Commiliion deniat of special permit for retail sales establishment at the above location was scheduled for hearing at this time. Declaring the hearing open, I'layor Crosby recognized Julian N. Basin, 1709 Croner Avenue, Menlo Park, representing Mr. Chu. Mr. Basin informed the Council that the sign outside the building advertising "Carpet For SaIe" had been removed. He stated that Mr. Chu leased the premises with the intention of operating an importing and "xpoiting business. He purchased caipeting-for shipment to Ta{wan only to discover that the duty was prohibitive. In an effort to realize some financial return, he attempted to sell part of the inventory at retail and discovered he was in violation of City of aurlingame zoning regulations prohibiting retall sales at his location without a special permit. Mr. Chu was not aware of the prohibition. His suLsequent application to the Planning Cornmission ior the required permit gaea:-tLmporary basis was denied. Mr. Basin explainea €nat Ur. Chu's-primary interest is in wholesalerand,hG hopes eventually to be established as an importer and exporter. The retail sales would not extend beyond 90 days. The City Planner informed the Council that the Planning Conunission ^] 25i, heLd a public hearing on August 26; it was determined by the Com- mission that Mr. Chu was in business when the application was being considered; other businesses on Rollins Road objected to retail use.Part of the motion by the Planning Commission was that the sign be removed, and the vote was six (6) to one (1) to deny the special use permit. I*1r. Basin stated that of the people who did object one is o!{ner of a buildi.ng, another, a tenant in the building who happens to be in the carpet business. In response to suggestions from Councilmen Cusick and Mangini thatMr. Chu consider disposing of part of the inventory at auction,Mr. Basin explained that Mr. Chu can set the retail price but, in auctioning, would be forced to sell at a bidder's price. Mayor crosby invited cotnments from the floor. There hrere none. The hearing was closed. Mayor crosby invited Pl,anninq Commission Chairman charles W. Mink to comment. He stated the conmission was sympathetic, but, there were two issues involved: (1) Where retail sales are proposed in the I'1-1 District, it is customary for the commission to rely heavily on testimony of neighborinq businessesi the neighbors talked about traffic; this is a street travelbd by large trucks and delivery vans travelling close to the speed limit;it was the neighbors I advice, and the Commission's consideredjudqment that the additional traffic of passenger vehicles for retail sales would be unwise. (2) It was pointed out by the City Planner that Epaces for retail sales and spaces for warehouse were not submitted by the erhole buildin there was no prov from retaili therparking existed ipet, on site park dangerous. Councilman Cusick suggested Mr. Chu be allowed to sell on weekends only when the industrial area is completely deserted and traffic and parking would not create problems. She suggested a period of 12 weekends. Mr. Basin was agreeable. councilman ,llmstrup asked about other retail establishments in thearea. The city Planner reported there are none on Rollins Road. There are service establishments and two comrercial amusement Places. Councilman Harrison asked Mr. Mink if r,{eekend sales were discussed by Planning commissioni he responded no. Councilman llmstrup cautioned that allowing retail in the M-l Districtwill establish a precedent. A motion by Councilman Mangini to modify the action of the Planning Commission and to grant Mike H.T.Chu, dba SEE-M-SEE, INC., a special use permit to selI carpet at retail at 1616 Rollins Road for a period of 12 consecutive weekends r^rith no provision for renewal of permi.t, retail sales at any time other than weekends to be grounds for revocation of permit, 'was seconded by Councilman Cusick and carried on following ro11 call: AYES: CoUNCILMEN: Crosby-CusLck-Harrison-Mangini NOES: COUNCILMAN: Amstrup DANCE PERMIT PRIMROSE LANES the applicant, which is reguired by code. rf g was to be in retail, parking rrould be inadequate, isLon for partitioninq the building, warehouse e was no \.ray to tell whether adequate or inadequateif there was large promotion for sale of the car- ing would be inadequate, and street parking is At its last meeting, september 3, L974, the city Council considered the reguest of Thomas Henderson, President, Primrose Management Corporition, for a dance permit for the premises at 1340 Howard Avenue. The matter was continued to this Present meeting because of a mis- understanding with resPect to location of the dance floor. Mayor Crosby announced that a suPplemental report from the Police Deiartment, september 5. L974, confirms that the dance floor t'ill 25(; be located in a portion of the area at the front of the building where the pool tables are located, not in the cocktail lounge as originally assumed. Mayor Crosby stated it is the recommendation of the Police Department that the permit be granted for six (6) months, thereby giving the department an oPPortunity to determine any negative impact on the neighborhood, and at the end of this period to make necessary changes in the perimeters established by the permit. Mr. Henderson was present. He confirmed, in response to council- man Manginl, there wiII be dancing betureen the hours of 9:00 P.M. and I:30 A.M.. Friday and saturday, to councilman Amstrup, that the dance advertised two rreeks ago lras not heLd. Councilman Harrison's motion to aPprove the perrnit for a period of six (6) months, renewal subject to review and recommendation from the Police Department was seconded by Councilman Mangini and unani- mously carried. MILLS ESTATE MEDICAL CENTER: Mayor Crosby announced that in resPonse to a request dated september L6, 1974, from B. carl Snyder,developer , 19?4.this matter wilL be continued to the meeting of october 7, COMMUNICATIONS 1. PARK PLAZA CONDOMINIUM APARTMENTS A letter dated SePtember 10, L974, was read from Pacific Vlestern Contractors, Inc., ltillbrae, signed by Harry J. Riskas , . President 'and Robert i. Church, Project t'tinager, requesting the City Council to reopen and reconsider lhe mattei of the amenaled Parce1 Map and' ."t. - =i".i fically, the agreement for special permit granted-by the Cfiy ciuncil on February 20, 1973, for the above project' In the f.itet, the writers ackirowledqed being remiss with resPect to the igi"".6"t in not obtaining th6 -city' s - approval to changes-made in iitern"r apartment aesign6, referrld to comments of some council ...U"t" at prior meetinls ihat storage rooms created by removal of internal stiirways could be used as bedrooms, and offered to con- li1U"t" a substa-ntial arnount to be mutually agreed upon to the ciiy parking fund to alleviate any feared parking consequences .""i,tiittg fiom conversion of storige rooms to bedrooms' The retter stated tfiat such conversion cannot be made legally because the "["iig" areas do not comPly t"ith state' health and locaI building codes as to venti lation. MayorCrosbyrecognizedJohnRiskas,vice-President'Pacificwestern Contractors, Inc., who offered a public apology for-not submitting i.risea plans to ih" b.rildittg deplrtment. He stated that changes ,r"r" tn.al not \,rith *"ii". ai5retirougttt, nor !^tith intent to overr1de itt.-c""".irii decision, but to try to accomnodate peopl9 - interested in-purcnasing the aparirnents. The exterior of the building was not'.iterea in arry wiy; internally, there is one less bedroom and a ;;*d; area on th; gr6und floor for the convenience of gardeners ina i za_rr"ur securiay guard force, Mr. Riskas stated there is a tiemerraorrs financial oUiigation to the people who purchased, aPart- ments; furthermore, ttre pioject is costing- the developer daily ir,i.r.st of $1200.00. Siating that every effort is being made t"*"ia completion, and that the company is willing - !o pay-a-penal'ty U".i""" of its mistaie, Mr. Riskas f,sxed tne Council's indulgence' Councilman Mangini refe one of the families tha hardships endured bY a1 building. Councilman !1 out of the building add rred to a letter and a telePhone call from l-purctrasea an apartment concerning Personal f bt ttre familiel awaiting completion of the angini commented that residents being kePt s i new dimension to be considered. councilman AmEtrup stated it is not the Council that is delaying- ;;;;;;;t. H" i.i"ti"a-t"-it" check list before the council titled;la"jir riems For comPletion, 1I0 Park. Road;' Prepared at-his request uv-3i"ri. the oirector of iublic works' responding to councir- man Amstrup, rePorted that the list !,as prepired following a neeting 257 with building and fire departments and that People will not be allowed to move in nor bring in storage until the items have been completed by the contractor. He read tfre list, l'9 items in all .t i' r"." )L''- t' Mr. Riskas stated he had not asked for final inspection nor approval . Tenants are concerned that the city will not allow anyone in if the units in question are not accepted as they exist. Mayor crosby commented the speci.al permit r,ras granted strictly on height. He asked the city Attorney if the developer's request can be granted provided the council finds that height, density, parking hav6 not chinged. The City Attorney exptained that the matter before the Council ii an amended parcel map, which the Council can consider and approve or not. councilman Harrison stated the council made a 4 to 1 decision at the meeting trdo vreeks ago on what it exPected of the developer. Referring io the discussion at that meeting on the subject of precedent, he reiteiated his position that to aIlon this developer Eo "buy out" would set a precedLnt, and that the developer be made to honor the terms of his agreement with the city. councilman Cusick asked when the other units can Director of Public Works indicated a minimum of possibly two. Further in response to Councilman the units in question can be sealed off and work to the public, probab that there are tlro unin addition to those primary concern is thuntil it is declared ther units could be occ on the lower floors tha he upper floors, and re he residents not be aI1 for occupancy. be occupied. The one month, and Cusick, he stated if done without jeoPardy upied. He mentioned t are questionable peated that the owed in the building lyoitsontatt safe Harold A. BerlLner', owner of one of the units, read from a prepared statement urging the Councilrs cooperation in making the building available to-owners of units other than those in question. (State- ment on file in offlce of city Clerk.) The council heard from other owners: Edward R. Johnson, formerly of La Mesa Drive, Burlingame, Joseph Tanner, Summit Drive, Mrs. Russell Parkison, San Mateo, F.lrt. Donahoe, San Mateo, and others. Mr. Johnson debated the issue of precedent, statl-ng there is Pro-vision in the Uniform Building Code for the building official to fine a builder who performs ltork other than that for which a building permit was issued by doubting the permit fee. Mr. Tanner suggested city staff may have been '* lax in not discovering chinges made by the developer earlier. Mr. Donahoe urged reasonable- ness-and suggeited that the building may be safer from a fLre safety standpoint by reason of lnterior wooden stalrcases being eJ-iminated. He expressed the hope there lras not a vendetta against the developer because of his mistake . At Councilman irlangini's inquiry, the Director of Public llorks read from Uniform Building code, section 303, L967 Edition: "Where work for r+hich a permit is required by this code is started or proceeded rrith prior to obtaining sald permit, the fee above specified shal1 be doubled. . . . . . . . " Mayor Crosby asked if the developer has violated the building code. Th; Director of Public works resPonded he has to the extent that changes were made in approved plans without the cityis consent- The buildinq itself is not in violation. Councilman Amstrup stated there is no vendetta. The issue is precedent. A developer has violated the law; if the city excuses violation in this case, how can it not excuse it in another? In response to councilman Harrison, the Director of Pub1ic Works reported the building official stopPed the project late JuIy or early August, L97 4. 258 Fo1lowing procedural advice from the city Attorney, Council- man Mangini moved to reconsider the action taken at the last meeting 19/3/741 , motion seconded by Mayor crosby. ROLL CALL:Ayes: Councilmen: Crosby-ManginiNoes: Councilmen: Ams trup-Cus ick-Harri son Mr. Riskas asked if the Council intended that ground floor common area be elininated and the vertical townhouse be restored there also. He lras informed this was the intent. Mayor crosby advised Mr. Riskas to confer $rith the Director of Public l{orks concerning certificates of occupancy for the units other than those to be restored to design approved by the Council. RECONVENE: Following a recess at 11:30 P.M., Mayor Crosby recon- vened the meet ing at II:40 P.M. COMMUNICATIONS (cont.) 2. FUN HOUSE, 224 CALIFORNIA DRIVE Under date of Septernbet 3, !974, Scott Litteral , 240L Carlmont Drive, Belmont, applied for a license to operate a4t^gLEgggment arcade on the premises located at the California DrivE/ltVEi above. In his communication, the applicant stated that the establishment will cater to family trade during the hours of 2:00 P.M. to I0:OOE.U.,similar to his operation in the City of Belmont known as "Games People PIay. " Several circulars identifying type of amusement devices proposed to be installed accompanied the applicatlon. Staff reports vrere filed: Fire Department, September 12, 1974, noted matters discussed with Mr. Litteral in a personal interview, and improvernents required to meet code, which hrere agreed to by the applicant. Police Department, Septenber 11, 1974, also reported on a personal interview with the appLicant, and a conver- sation rrith Captain Stephenson of the Belmont Police DePartment, who stated that the business operated by Mr. Litteral in that city has presented no police problems. Burlingame Police Depart- ment indicated no objection to issuance of the license at this time . The Council was also furnished copy of a letter from South San Francisco Police Department addressed "To r"rhom it may concern" dated September 16, 1974, concerning that department's experiences hrith Victor Feldman, Mr. Litteralrs associate. The conments leere favorable. Copy of a letter from B.B. stern & Company, 222 callforni a Drive, adjacent to proposed amusement arcade Premises, dated september 12, L974, detailed conditions of an agreement reached between Stern and Feldman for the operation aE 224 California. Reports and communications are on file in the office of the city clerk. Mr. Feldman addressed the council, explaining that the operation is similar to those at Disneyland and Marine world, Eastridge and Oakridge Shopping Centers. In response to CounciLnan Mangini, Mr. Feldman confirmed that books and lu-s,ir*" r,rilt not/!-e. alqilable for purchase. , . Councilman Harrison referred to the applicant's proPosal to install 30 machines on the premises. He asked the cost to play. Mr. Feldman reported 25C per play with the exception of some games for younger children. Councilman Harrison expressed concern that children will spend their lunch money-on the grre9, that the location is on a busy street with heavy traffic, opposite two cocktail lounges, in close proxinity to a hamburger stand that is a gathering place for youths, and the park, which has presented problems to the city. He referred to !'[unicipa] code chaPter 6.16 "Amusements",quoting therefrom "or if it appears, upon the evidence Produced that it is for the best interest of the city that a license be not issued it (city Council) may deny the same. " It was his position that the 259 establishment will not be in the best interests of the city because of location, the operators may have difficulty in enforcing rul6s against undesirables, young people should not be encouraged to Pay for entertainment to the extent this would demand, and it will demean the environment of Burlingame. Councilman ]\mstrup asked $rhat other activities will take Place in the building. ur. reldman stated there rrill be just the arcade -withapproxiiately $30,000.00 lrorth of equipment, carpeting, tiffany lamPs; this will be a place to keep young people off the street. He stated in Belmont they i,rork hand-in-hand rdith the police department, and that this is not the type of arcade associated with l,larket street in San Francisco. In response to Mayor Crosby, Mr. Feldman discussed t the City of Belmont where the center oPena at 3:30 P within walking distance of five (5) or possibly six children of alt ages come but, predominantly, 12 to Troublemakers are not allowed to congregate, smoking because this tends to discourage family Patronage. Councilman Amstrup felt this was not the type of establishment to be allowed in Burlingame because of proximity to schools, and the Iocation generally. Chief of Police Nordstrom, responding to Mayor crosby, explained it was difficult for him to assess the situation. He agreed with com- ments relative to location and advised there is one (1) establish- ment at the present time with 17 amusement devices of this nature that are inherent within the tyPe of operation, but - there have been no problems . A motion by Councilman Harrison to deny the application, second by councilman Amstrup, failed to receive a majority vote. Councilman cusick asked Mr. Feldman if he would be receptive to a trial six (5) month period. He responded yes. A motion by Councilman Mangini approving the license for six months, rener.ral subject to staff review and recommendation, seconded by Councilman Cusick. ROLL CALL; Ayes: Councilmen: Crosby-Cusick-ManginiNoes: Councilmen: Ams trup-Harr i son he operation in.M. It is(6) schools . 14 years.is not allor,red (6) traS 3. HELIPORT PAD - PENINSULA HOSPITAL A letter dated September 5, 1974, from Carr, McCIeLIan, Ingersoll, Thompson & Horn, Attorneys at Law, Burlingame, signed by Quentin L. Cook, submitted information relative to the heliport Padconstructed on the grounds of Peninsula Hospital District in 1970 to provide emergency service for individuals rescued under emer- gency conditions and brought to the hospital by helicopter. The communication stated that the Hospital District became aware in 1973 that it was necessary to have the pad site approved and licensed by the California Department of Aeronautics which, in turn, entails land use approval by the city. Maps showing property lines of the Peninsula Hospital District, location of helipad and Environmental Impact Statement were filed. The communication requested a finding by the city Council that the environmental impact is negative in view of the Hospital Districtrs Environmental hpact Statement. Mr. Cook reviewed the text of his letter, advisi.ng that the pad has been used less than once a month on an average. Responding to an inquiry from Councilman Amstrup, he explained there is about 55 feet of pad constructed close to the emergency room. The city Planner, in answer to the Chair, stated the Pad is pre- existing, necessary for the service, and he found no reason to object. A motion by Councilman Amstrup affirmed there is no significant (adverse) impact. Motion seconded by Councilman Cusick and carried unanimously on voice vote . 260 4 PETITION FOR PARKING REF'ORM-CHAPIN AVENUE EMPLOYEES OF' LUCKTSTORE #56 Acknowledgrment was made of a communication from the above group requesting changes in existing parking conditions on Chapin Avenue and offering for the Council's consideration three alternatives. The material was referred to the Parking Commission for study and recommendation. 5. GENERAL PLAN ELEMENT TIME EXTENSION Under date of September L2, L974, the City Manager forwarded a communication from James DeChaine, Chairman, City-County Planning Task Force, relative to time extensions on four (4) general plan elements. The communication advised that the new deadline wiLl be September 20, 1975, for completing seismic safety, noise, scenic highway and safety elements of the General Plan. In an addendum to the communication, the City Manager recommended passage of an appropriate resolution requesting the extension. RESOTUTION NO. 53-74 "Request For Extension Of Tirne To Complete ents Of The City Of BurLingame General Plan" hras introduced by Councilman Amstrup, who moved its adoption, second by Councilman Mangini and unanimously carried on roll caIl. 6. POLICE DEPARTITIENT ROOF REPAIR Acknowledgrment was made of a communication from the Director of Public l{orks stating that Izmirian Roof ing and Sheet ltletal , awarded the contract for the above job by Resolution No. 5L-74 has advised it will be December before the work can be started, and is agreeable to release from the contract for the city to award the contract to the second low bidder Sterling Roofing. It was the recommendation of the Director of Pub1ic Works, con- curred in by the City Manager, that the award be made to Sterling. RESOLUTION NO. 54-74 "Rescinding Resolution No. 5L-74 Awarding , Burlingame Police Departmeit-ana Awarding Contract To Sterling Roofing CompatrY, Inc., Job No. 74-LL" hras introduced by Councilman Amstrup, who moved its adoption, second by Councilman Harrison and unanimously carried on roll cal1. 7 . EXPIRATION OF COMI{ISSIONERS I TERMS 8.PALOMA AVENUE - ONE WAY NORTH TROM GROVE TO MILLS AVENUES In a communication dated September L2, L974, the City Manager reported that the survey of residents on Paloma aPPears to favor making the street one-lray. Chief of Police Nordstrom reported he discussed this with Sergeant O'Brien; problems are that cars traveling in opposite^ dir6ctions cannot pass, and people cannot back out of their drive- $rays. Changing thl street to one-way will not improve the drive- way situation at aII. The Council took no action. Under date of September L2, L974, the City Manager forwarded a communication from t,he City Clerk reporting that October 7, L974, is the anniversary date of three members on Beautification Com- nission and three on Park and Recreation Commission, requiring consideration to their reappointment. The City Manager was asked to determine if the commissioners are willing to contiRue. cIvIL SERVICE COMMISSION: Mayor Crosby announced the appointments Fairfield Road, and Robert W. Johnson, I40 Chapin Lane, havebeen confirmed by the City Council. ORDINANCES 1. oRDINANCE NO. I0t8 "An ordinance llmending sections 9.04.01I (a), And 9.04.020 of The Mun icipal Code And Increasing Dog License Fees And Fees For Impounding And Keeping Dogs Running At Large" vras intro- duced for first reading by Councilman Harrison. 2. oRDINANCE NO. 1019 "Addlng chapter 11.06 To TitLe 11 (Trees ana VEgEEEEfotf-TE-fi6 Municipat code And Regulating Distinctive And Heiitage Trees' was introduced for first reading by council- man Amstrup. SEWER RENTAL CHARGES Prior to introduction of legislation providing for increased charges, the council heard a plea from George Demetrius, President, Burlingame Hills Improvement AssocLation, Inc., for further consideration to the rate schedule recommended to the City Council by staff. Mr. Demetrius maintained that, in effect, the Hi1ls residents hrlI1 be paying four (4) times the rate Burlingame residents pay in sewer service charges. Mr. Demetrius spoke at length on the subject. The Director of Public works maintained that the charges can bejustified. 3. oRDINANCE No. IO2O "An ordinance Amendinq Section 15.08'070 Of Tf,E-Tffiiffi;f-EAiE-Estabtishing Rates Of Sewer Rental Charges Emerqency" was introduced by Councilman Amstrup, who moved its ad@Elofi-second by Councilman Mangini and unanimously carried on roIL call. 4. oRDINANCE NO. 1021 "An ordinance Amending Section 15.08'070 <ii rffi.':.p.f6-aa-ustablishing Rates of Ser^ter Rental charges" was introduced for first reading by Councilman Amstrup' UNFINISHED BUSINESS l. bus the The Ban Thea1if ord Cov Truck i U an Councilman Harrison reported this 1 ness con nues o opera te at the Rotlj.ns Road location despite Council's denial of the special use permit (APr il, 1974) ACKNOWLEDGMENTS City Manager reported that the City Planner learned from k of-Ameriia that covey is in breach of his Lease agreement ' Council accepted the iecommendation of the city Manager that etter be sent Mr. Covey from the City Attorney iriforrning. him he does not cease and desist use in violation of the zoning inance necessary action will be taken. 1. Communications:pafE-Eitcfi'EfTFE Consultant Burlingame School District, announce- ment of impending visit of officials from City of Oroville, Septem- ber-'25, to view ihildren's art throughout the city. Kenneth K. Renwick, Jr., 1552 Ralston Avenue, requesting City Council to take an oifici.l position in opposition to rate increase proposed by Southern Pacific comPany.' Sin Mate6 County Board of Supeivilors submitting draft resolution for the council's consideration relative to proposed restructuring of Regional Planning committee . towi tta1l Associaiion of san l{ateo county, rnc., Menlo Park' regarding "County Transit operation under Government Code vs proposed rransit District. "i""g"" of California Cities, Kenneth J. Emanuels, Legislative nepreientative, suggesting forrnal -expression of apprecialigl t" e"'".^Ufy "" touis iipan for his efforts in defeating sB 1652'-laetroirof.itan Transiortation Commission re: Draft summary of ."p"it ln feasibility of upgrading southern pacific peninsula passenger service. 2. Minutes: Beautification coNtission, sePtember 5, Parking Commission, August 28, Planning Commission, August 26, 1974 2(i I 262 WARRANTS Nos. 7048 through 7214 in the amount of $564,342.28, duly amiffiA; hrere approved foi payment on motion of councilman cusick, second by Councilman Amstrup and unanimously carried. PAYRoLL Checks Nos. 2995 through 3693, in the amount of 5288,775.6L frffi-afproved on motion of Councilman Cusick, second by Councilman ,Amstrup and unanimouslY carried. APPROVALS CITY ATTORNEY RETIREMENT ADJOURNMENT The meeting regularly adjourned at 1:15 A.M. ResPectfullY submitted, er er t€,t v er APPROVED: William J. Crosby, Mayor Mayor Crosby announced this is the last City Council meeting that Buire"s Karirel, city attorney for the past 20 years, t^til1 attend, his retirement from the city will be effective on September 30. In behalf of Council and staff, Mayor crosby thanked Mr. Karmel for a job well done for the City of Burlingame. /-u;C.rAr CHtrCK LIST or MAJOR ITBMS FOR COMPLETION 110 PARK RCAD ,/ Sprinkler system instaLlecl and operable with annuncjator sys tem. one hour doors on all uni.ts. Corr j-dors completed.. All exits completely cleared" Basement stora.ge room conrpleted for one hour fi::e protection. Lanclscaping installed. Ramp to basement instaLled. Sewers from demoiished buildings capped. Siderr,alks and driver,ray instaLled. Garhage chutes operable Gas test on fireplaces. Balcony protecti.on with ornamental railj-ngs. Exit lights. Hard hat job {osl-IA regui-rement) . Approval of electricaL- Hose racks on 3rd, 5th and 7th floors. fgrtable fire extinguishers. 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