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HomeMy WebLinkAboutMin - CC - 1974.04.01t55 Burlingame, Calif ornia April l, L974 CALL TO ORDER A regular meeting of the Burlingame 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 FLAG: Led by Herbert K. White, City C1erk. ROLL CALL Present - Councilmen: Absent - Couneilmen: Amstrup-Crosby-Cusick- Harrison-Mangini None MINT]'IES The minutes of the meeting of March 18, L974, previously submitted to members, were approved and adopted. PROPOSED SPEED LIMTT ADJUSTMENTS ON CERTAIN STREEES -(RADAR) Mayor Crosby announced a departure from the agenda order to consider the above topic first, because of widespread public interest evidenced in telephone calls to the Council and new information received by the City Manager earlier today concerning use of radar for traffic law enforcement. A letter to the City Council from the City Manager, dated April I, reported that "the traffic sergeant has an interpretation from the presiding judge of the Municipal Court to the effect that radar can be used on any street when the charge is speeding over the limits established by the engineering speed survey. ff the charge is violation of the limits set by the Municipal Court, then radar cannot be used for enforcement. From a practical standpoint, this does not have much effect." It was the City Managerts recommendation that "so long as this interpretation is followed by the court, it will not be necessary to change our loca1 code unless you desire it to conform 100% to this interpretation of the state law. " Mayor Crosby stated that the scheduled hearing will not be held this evening, in view of the court's ruling, and the status quo maintained on posted speed limits. In response to the Chairts invitation, there was audience comment. Mrs. G. H. Harnett, 2616 Hillside Drive, asked, where a speed limit is proposed to be changed, that the residents on the street involved be notified by mail, similar to the procedure followed where an amendment to the zoning cod.e is being considered. She reported that many of her neighbors were unaware of the meeting tonight. Mr. Hartnett stated that Hillside Drive is carrying a heavier load of traffic as a result of the stop signs installed on Trousdale. People in the area do not want 30 MPH on Hillside. This will allow speeds up to as high as 35 MPH with no citations issued. Sergeant James OrBrien, Traffic Director, reported. that motorists traveling at 35 MPH are being cited. Mrs. Rudi Proelich, 100 Bloomfield Road, in addition to supporting the idea of mail notification suggested by the previous speaker, called Bayswater Avenue at'speedway. tt Frederick J. Yeager, 2OO occidental Avenue, asked if radar will continue to be used although speed l-imits remain unchanged. Sergeant otBrien responded in the affirmative, explaining that 32 rad.ar tj-ckets have been written on Bayswater Avenue. fn response to Councilman Cusick, the Sergeant reported that daily logs on radar use have not been kept on file. She felt it would be helpfut to her in attempting to reply to citizen complaints on speed limit viotations if information was readily avail-able on time and place of radar checks. ,l 156 Councilman Amstrup suggested the people may be interested in a report on how the 30 MpH was established. Sergeant OrBrien discussed techniques employed in speed surveys made in accordance with state guidelines, citing Bayswater Avenue as an example. A survey was made of l0O eastbound and 100 westbound vehicles, speed of traffic as it normally flows was monitored and speed of each vehicle recorded on a graph. Out of each group of 100 cars, 15 at the highest speeds were eliminated- An 85 percentile speed is the speed at which, or below which, 85e" of the vehicles travel. On Bayswater, applying this value, the recommendation resulting from the survey was an upgrading from 25 MPH to 30 MPH. Mrs. Robert Craig, 157 Occidental Avenue, asked about number of citations issued on that street. Following further cormnents from the audience, Mayor Crosby confirmed that affected residents will receive formal notice from the City if the issue of speed limit adjustments recurs. RECONVENE: Following a recess at 8:25 p.m., for an informal discussion on the subject, the Chair reconvened the meeting at 8:3 HEARING 5 p.m. J f. SPEC]AL PERMIT FOR COVEY TRUCKING COMPANY,1246 ROLLINS ROAD (cont.) Mayor Crosby announced this was the time and place scheduled to conduct a public hearing and to consider the appeat of Spencer Covey from the Planning Conunission denial of an application for special use permit for Covey Trucking Company to continue its operation on RoIIins Road. At the Chair's i-nvitation, the City Planner reviewed the background of Mr. Covey's occupancy of a portion of the Lands of Dore, commencing in t97I when he made application for a business ticense for L246 Rollins Road. (This is the assigned address but the area, at the rear of the Iarge Dore parcel where it abuts the freeway, does not have frontage on the public street.) IrrL97L, Mr. Covey wanted a workshop to construct an aeroplane, leased the property for the purpose and has been there since in the trucking business. The Council had copies of the minutes of hearing held by the Planning Commission on March 26 and April 23, L973, and February 25t 1974, concerning l4r. Coveyrs use of the property, as well as other material furnished by the City Planner. fn response to Councilman Cusick, the City Planner stated that a tentative parcel map dividing Dore acreage into four parcels was approved in August, L97L. As part of the map, there was a recommendation by city staff that provision be made for an easement to be granted to the City to assure perpetual access to the rear section, and that the easement be paved. As yet, none of this has been accom- plished because the final parcel map is stitl in process. With respect to the access easement, the Fire Department believes there would be better identification if the Rollins Road address were abandoned and the easement designated a "lane." Additionally, the P.G.& E. tower right of way crosses a portion of the northeasterly section of the proPertY. fn response to Councilman Mangini, the City Planner explained that the property is in trust, the Bank of America acting as trustee for the owner. Declaring the hearing open, the Chair recognized Mr. Covey. He advised that he holds a two-year lease for the premises at- L244-46 Rollins Road, executed Decenilcer l, L97L, with an option to renew for a period of two years. fn April, L973, he notified the Bank of America of his intention to renew the lease for two years, thereby observing the provision of the lease requiri-ng six months notice of intent to exercise the option. Mr. Covey stated that the amount of monthly rent has not been negotiated as yet on the renewal period. Mayor Crosby reported he received a telephone call today from Mr. Don Yarbrough, Sr. property Management Officer-Trust-Bank of America, who reported that, to his knowledge, Mr. Covey does not hold a lease on the Property and is there on a month to month basis. 157 The City Planner read the following from a copy of the lease: "The Lessor hereby grants to the Lessee an option to renew this lease for a period of two years on the same terms and conditions with the exception of the rental provision which shall be negotiated between the parties at the time of giving of notice of exercise of this option. Notice of this exercise of this option must be given to Lessor on or before six months from the expiration date of this Iease." fn response to Mayor Crosby, Mr. Covey stated he has given the bank proper notice of exercise of option, as far as he can determine, and it may be that the bank proposes to use the property for other purposes. With respect to pavement of the easement, he indicated no objection to making some improvement provided the cost is prorated one-third to the landlord, one-third to the bank and one-third to him. Councilman Harrison noted that the Planning Commission minutes of February 25, L974, indicate some concern on the part of the Commission with respect to precise area covered by Mr. Covey's lease, whether just buildings or buildings and surrounding land. Councilman Harrison reported observing a number of Covey trucks on the property parked in what appeared to be part of the P.G. & E. right of way. He asked Ivir. Covey to clarify. Mr. Covey explai-ned that, first, he leased from a prior tenant then became the principal l-easeholder, that his lease was negotiated with the bank for a trucking business. There was never any questj-on of whether trucks would be on the premises or not; in fact, the trucks were there before he became leaseholder. Councj-lman Harrison asked about storage of construction equipment, whether on job site or at RoIIins Road. Mr. Covey stated that, normally, excavation equipment not requiring license plates is at job site; perhaps on two occasions it has been necessary to bring the equignent to Rollins Road. Councilman Amstrup asked about living guarters in the warehouse. Mr. Covey reported furniture is stored and, occasionally, a driver arriving in the early mornj-ng hours will nap. There are no permanent living quarters. The hot plate is for the convenience of office personnel. Councilman Mangini asked Fire Chief Moorby to comment on access. Chief Moorby reported problems with the entire property, not only with Covey but other tenants. Mr. Yarbrough is aware of the Fire Department's position. He has been asked to consider improved access and internal vehicular circulation. Chief Moorby also expressed concern about inadequacy of fJ-re hydrants and water Ij-nes. Councilman Mangini commented. it would be difficul-t to decide which of the tenants should receive the booby prize for the messiest operation. He felt that Covey's was one of the neatest. Councilman Cusick stated if the easement were paved this woutd eliminate the nuj-sances of mud and dust, which appeared to the the principal objection raised by the neighbors at the Planning Commission hearing. Commenting that the entire property is an example of poor housekeeping, and that the trucks are not any uglier than the dj-sorder and litter for which other tenants are responsible, Councilman Cusick indicated reluctance at forcing someone out who has been in business for three years. She expressed the hope that some improvements can be made and that Mr. Covey will- bepermitted to remain. In response to Mayor Crosby and Councilman Harrison, Mr. Covey stated it should not be his responsibility to assixne entire cost of paving the easement but he would be willing to 1ay rock, which should be effective in controlling mud and dust.Further, in response to Council-man Harrison, he confirmed that the water truckpresently on the property is on Land not covered by the l_ease. The Chair invited comments from the audience. Mr. Frank Walch, owrler W & W Tool- e Die Manufacturing Company, 1322 Marsten Road, and Mr. William Nerli, Nerli Construction Company, 1320 Marsten Road, complained of dust and mud resulting from Covey equipment, oversJ-ze rigs crossing private property when attempting to negotiatethe access easement, and resul-tant damage to the driveway on the Walch property. Councilman Mangini asked Mr. Walch if he would oppose the use permit whether the easement was paved or not. Mr. Walch and Mr. Nerli were in agreement that theIocation is not suitable for the type of operation maintained by Mr. Covey. Theystated that the subject of an alternate easement on the Dore property to the areaat the rear has been broached to Mr. Yarbrough but apparently there has been nodecision as yet. 158 Councilman Amstrup asked staff to comment on a diesel fuel storage tank on the property. The City Planner reported it has been removed. There were no further speakers from the floor. The hearing was declared closed. fn response to Mayor Crosby, Mr. Covey stated there is an average of three trucks daily in and out and the amount of time involved in negotiating the easement is negligible. If the fence on the parcel formerly occupied by BIue Chip Stamp were removed, there would be no problem of access, or trespass on private property. With reference to the easement, he indicated willingness to cover with base rock and oil, but not to pave because of the expense. The City Engineer, responding to the Mayor, agreed that oil would settle the dust but rock alone probably would not last because of the weight of the equipment. He suggested the logicat way to el-iminate dust would be asphalt surface on the rock substantial enough to support the weight of the trucks. Councilman Amstrup suggested there are other matters to be explored in addition to problems of the equipment. The Council should have definitive answers to the questions of living quarters on the property and parking on land not included in the lease. Councilman Cusick asked for the Council's reaction to approving the use permit concurrent with the duration of the l-ease, then Mr. Covey to vacate. This should aflow him sufficient time to find another location. fn the meantime, something should be done about the dust because this is infringing on another's property rights. Councilman Mangini agreed that the dust factor should be eliminated, any semblance of living quarters abated, and operation to cease when the lease expires. Councilman Harrison expressed concern that the area be upgraded and lack of suitable parking for the large trucks is detrimental to upgrading; additionally, adequate ingress and egress for fire department vehicles appears to the essential. He suggested that the present, as opposed to a year and some months in the future, might be a better time to attempt to find a new location. He acknowledged Mr, Covey's 2\ years of tenancy on the property but expressed his accord with the Planning Commission decision. Councilman Harrison introduced a motion to sustain the action of the Planning Commission in denying the application for special permit filed by Mr. Covey for the premises at L244-45 at Rollins Road. The motion was seconded by Councilman Amstrup and declared defeated on the following ro11 call: AYES: COUNCTLMEN: NOES: COUNCILMEN: ABSENT COUNCILMEN: Amstrup-Harrison Crosby-Cus ick-Mang ini None The City Attorney advised that staff has a responsibility to talk with Mr. Yarbrough with respect to some improvements in the area and possible dedication to the City of a non-exclusive easement in order to improve traffic circulation. As long as these matters will be brought to Mr. Yarbrough, perhaps the Covey property can be discussed also and some answers obtained for the Council. The City Attorney's recommendation that further discussion on this matter be delayed for two weeks to the meeting of April 15, L974, was accepted by the Council. Mr. Covey indicated no objection. APPLfCATION TO METROPOLITAN TRANSPORTATfON COMMISSION FUNDS FOR PLANNfNG SHORELINE PATHWAYS - PEDESTRIAN AND BICYCLE Mayor Crosby announced this was the time and place scheduled to conduct a public hearing for the purpose of authori;zing and directing filing of application for MTC funds, as required by the Transportation Development Act. Declaring the hearing open, the Chair invited comments from the floor. There were none. The hearing was declared closed. 2 159 The City planner, responding to the Chair, explained that, beginning fiscal year Lg74-751 2so of TDA funds will be allocated for the sole purpose of providing facilities for pedestrians and bicyclists, and that it seems wise to take advantage of these funds, in an amount of approximately $41000.00, to implement the Cityrs plans for such facilities along the shoreline. RESOLUT]ON NO. L7-74 "Authorizing And Directing Execution And Filing Of Application With Metropolitan Transportation Commission For Disbursement Of Funds For Planning Facilities For The Excl-usive Use By Pedestrj-ans And Bicycles" was introduced by Councilman Amstrup, who moved its adoption, second by Councilman Cusick and unanimously carried on roll ca1l. COMMUNfCATIONS 1. APPEAL HEARING SCHEDULED A letter dated March 26, L974, from the law offices of Mill-er, Starr e Regalia, Oakland, appealed the Planning Commission disapproval on March 25, L974, of a tentative subdivision map for the condominium development in progress at I477 Floribunda Avenue. Mayor Crosby announced that the appeal will be heard by the Council at its regular meeting on April 15, L974. 2 STOP SIGNS - RIVERA DRTVE/SEBASTIAN DRIVE A communication dated March 2'7, 7974, to the City Manager from Harry S. Graham, Jt., Chairman, Health, Safety o Traffic Commission, reported that the Commission is in agreement with the Traffic Director's recommendation that stop signs be installed on Rivera Drive at Sebastian Drive intersection. fn an addendum to the letter, the City Manager recommended legislation be directed to accomplish this control. The City Attorney was requested to prepare legislation for the Council's consideration. PUBLIC HEARING SCHEDULED - E.f.R. AND APPLICATION FOR RECLASSfFICATION PROPOSED CONDOMINIUM, EL CAMINO REAL AND PARK ROAD AcknowLedgment was made of material transmitted by the City Planner under date of March 28, L974, including Plannj-ng Conunission Resolution 3-74 "Recommending Approval of Application For Recl-assification of Lots 28, 34 And 38, Block 3, Town of Burli-ngame, From First Corunercial (C-f) District To Third ResidentiaL (R-3) Districtr" relative to "The Burlingamer" d proposed development of 23 condominium units. Mayor Crosby announced that the public hearings required by cod.e will be held by the City Council at its meeting on April 15, L974. ORDINANCE oRDINANCE NO. l-004 "An Ordinance of The City Council of The City Of Burlingame Authorizing An Amendment To The Contract Between The City Council And The Board Of Administration Of The California Public Employeesr Retirement System" (Excluding Fire Cadets And Crossing Guards Hired On Or After May 1, L974) was given its second reading. On motion of Councilman Mangini, second by Councilman Harrison and unanimously carried, said Ordinance passed its second reading and was adopted. C]TY MANAGER REPORTS 1. Health, Safety & Traffic Conunission Recommendation For Trousdafe Drive. The City Manager's letter of March 28 and the Commissionrs letter of Nlarch 27, L974, were referred to the study meeting. 2. 140 Clarendon Road: A letter was received from the son of the owner of this property, under date of March 26, L974t advising it has been sold and escrow is scheduled to cl-ose on or before April 15. The l-etter stated further that the owner will take appropriate action to have the dwelling removed, if the sale is not consunrnated. The City Manager, in his letter of March 28, stated that the owner has until- April 7 to take action. Under the circumstances, a thirty-day extension appears to be justified and he will be so notified. If demolition is not accomplished by May l, the City will have the structure removed and charge the owner accordingly. 3. Prohibiting Dogs In Parks: Park And Recreation Commission request of March 12, 3 L974, for amendment to applicable ordinance providing for "No Dogs Allowed fn City 1u0 Parksr" was held for review at a study meeting. CITIZENS MEETING FOR UPGBADING THE SOUTHERN PACIFIC Councilman tunstrup reported on his and Councilman Mangini's attendance at the meeting on March 27 in the San Carlos City Hal1 in regard to feasibility of improving Southern Pacific peninsula rail service. He stated that the $75r000.00 l4IC is spending on this study will determine whether or not Southern Pacific can be considered as an alternate to BART in San Mateo County. If the study shows that upgrading is feasible, then Southern Pacific will be included in the master study for transit in this County. APPEAL HEARING SCHEDULED fn a cornmunication dated March 28, 1974, Conti-nental Service Company, San Francisco, appealed the decision of the Planning Commission on March 25, L974, in denying a permit for a 50 sguare foot, d,ouble-face pole sign, lO feet in height for the Bank of America at 400 El Camino ReaI. A hearing before the Council was scheduled for the regular meeting on April 15, L914. CONFLfCT OF ]NTERESTS - DISCLOSURE OF ASSETS: The City Attorney referred to his communication to the City Council on this subject, dated March 25, L974, advising that the material from the League of California Cities is for information only. The City Clerk reported he received a teLephone call from the Office of the San Mateo County Clerk earlier today to the effect that financial disclosure statenents need not be filed until JuIy. The City Attorney stated it is his understanding that the Supreme Court has taken direct appellate jurisdiction in the Nevad.a County litigation and, while the case lies in the Supreme Court, a stay of some kind has been issued. There will probably be information forthcoming from the League of California Cities. PROCLAMATION 1n response to a request from California Anti-Litter League, Mayor Crosby proclaimed MAY, L974t "ANT]-LITTER MONTH." COMMISSION RE-APPOINIMENT: Mayor Crosby, with Council concurrence, announced the reappointment of l"Irs. Ruth E. Jacobs to the Planning Commission. ACKNOVILEDGME}TIS Connnunications 1. Leland J. Horner, City Administrator, City of Millbrae, March 20, L974, advising that the City Council of that City directed staff to proceed with preparation of an application to MIC for the purpose of reserving monies designated for the City of Millbrae for development of a local bus system. If the County-wide Transit District does not pass in the November, L974 election, then Millbrae may wish to consider some type of transit system on its own or through a contractual company or multi-jurisdictional approach. 2. fnvitation from Peninsula Association For Retarded Children And Adults to attend San Mateo County Special Otympics on Saturday, April 27, L974t at Mills High School, opening ceremonies at l0:00 a.m. Council members who can attend to inform City Manager. 3. Burlingame Writer's Club request for preservation of trees along EI Camino ReaI. 4. Associated Construction and Engineering Company, South San Francisco, expression of appreciation for the professional and competent approach taken by City of Burlingame building officials. 5. Conrnunication from Alfred C. Schmidt, uillsborough, concerning lack of representation from Town of Hillsborough and City of Burlingame on Watershed Planninq Advisory Conunittee. Referred to City Manager. 6. County of San Mateo, Parks and Recreation Department submitting priority plan for expenditures of San Mateo Countyrs all-ocation of the State Beach, Park, Recreational and Historical Facilities Bond Act of L974. 161 7. Conunendation from Victor J. Paulsen, 1008 Laguna Avenue, to officer James L. Eldredge for assistance rendered in an emergency involving Mr. Paulsen, Senior. 8. County of San Mateo, Engineering And Road Department, concerning "3-Year Eederal Aid Urban Program. " Minutes Burlingame Park & Recreation Commission, March 12, Health, Safety e Traffic Commission, March 14, Library Board, March 19, L974 ADJOURNME}flT The meeting regularly adjourned at 10:05 p.m.r to an Executive Session concerned with a litigation matter. Respectfully submitted, Herbert K. White, City Clerk APPROVED: William J'. Crosby, Mayor )