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HomeMy WebLinkAboutMin - CC - 1971.10.18138 Burlingame, California October 18, 1971 CALL TO OR DER A regular meeting of the Bur lingane City Councilwas held on the abovedate. The meeting was called to order at 8:1O p.m., by Mayor IrvingS. Amstrup. PLErcE OF ALTEG IANCE At the Ctrairrs invitation the city Planner Pledge of Allegiance to the F1a9. led the assemblage in the ROLL CA LL Pr es ent Absent - Councilnen: - Counci funen: Ams trup -Crosby- Mangin i -Mar tin Johnson Mayor Amstrup announced that Councilman Johnson was excus ed becauseof i llness. MIMJTES Ttre ninutes of the meeting of October 4, L97L, previously submitted to Council., wete approved and adopted. HF]\R INGS 1. ORDINANCE NO. 936 - rrReports of Residential Building Records. " 1971)(Continued fron the meetin q of Septenber 20 l,layor Amstrup announced that the City Attorney is ilt and that he has requested that the hearing be continued. !h. Hugh Connolly, attorney representing the San Mateo-Bur lingane Board of Realtors, indicated no objection, nor did the audience. With Council concuirence, Mayo! Amstrup declared the hearing continued to the meeting of November 1, 1971. 2 GRAIIT OF SPECIAL USE PERMIT TO RO,IALD A ROSBERG, 1669 Bayshore Hiqh$,ay l,ta.yor Amstrup announced that this was the time scheduled by Council on its own motion to conduct a hearing in the natter of a special use perrnit granted by the Planning Conrnission to Ronald A. Rosberg for a retail sales operation in the industrial district in an existing bririld- ing at 1669 Bayshore Highway. The City P1anner, at the Chair rs request, gave a resume of the pro- posal as presented to the Planning Cornmission, explaining that, as re- ported in his communication to Council under date of October 14, the comnission received an application for a special permit to sell office furniture and equipment at retail in the M-I District; at th€ tine of the hearing (Septenber 27, L97Ll, a question was raised in connection with the alea of the building that would be devoted to retail sales; the applicantrs representative indicated they would be using an afeaof 3OOO square feet at the front of the building; the Commission was informed there was atnple parking in front and at the rear and unani- mously approved the permit on the condition that a plan be filed, to besome a part of the permanent record in city hall., showing the retail sales andoffice sapce limited to 3,OOO square feet. Councilman Crosby requested the City Planner to clarify the status ofparking at the rear of the building; the latter explained that ltr. Rosbergindicated there was 25,U)O square feet available in the lot behind the warehouse; however, investigation revealed that this property - 8l.O Stanton Rd. - is conmitted to other parking and other uses. Mayor Amstrup invited the proponents to coDment. ltr. Cyrus l,lcMillan, attorney for the applicant, inquired as to the extent of the Councilrsinterest--whether restricted to an explanation of the parking or an appealof the Planning Commissionrs action. 139 Councilman Itrlartin pointed out that the code recitee the procedure whereby Council can suspend an action of the Planning Cornmission and conduct its'own'heaiing, and that it was Councilrs intention to con- duct a fuIl hearing. I Ivlr. ItlcMillan stated that the application was filed pursuant to the zoning ordinance, which permits the use in M-I District upon approval of a special permit, and that there was a full and complete hearing before the Planning Cornmission; he informed Council the,t there were two copy shops in the area, offering services to tenants in near-by office buildings and that within the past few months a special permit was granted to an office supply and stationery business. I{e stated that the element of precedent is not a valid argument for denial of the application, because of the vaiiety of retail sales businesses that are operating in the industrial areag he cited automobile rental agencies, suggesting that these night also be considered a form of retail use. Commenting on the issue of parking, Ivlr. l"lcMillan stated that 2640 square feet will be used for office and showroom purposes, requiring by code a minimum of six or seven spaces--lO spaces have been allocated to Ivlr. Rosberg by the Iandlord. He stated there is a market for the mer- chandise that Ntr. Rosberg offers and read from a list the names of custo- mers who are located in the industrial area. Councilman Martin stated that the matter came to Councilrs attention by chance when, at the last Council meeting, the City Planner reported on the plan that was filed by the applicant of the office and retail sales areai when it was discovered that over 25% of floor space was to be in re- tail sales and that this was information that the Planning Commission apparently did not have at the time of its hearing, he recommended to Council that the matter be reviewed. Councilman Martin recalled that the zoning regulations for M-l were written for the specific purpose of limiting the types of retail sa1es, that it was intended there would be retail uses cornpatible with and incidental to motels and hotels, and snall restaurants to accommodate the people who are employed in the area, not to create another commercial area in the industrial district; he stated he was primarily concerned that reatil businesses not be permitted that will be in competition with mer- chants in the established commercial districts. fn response to Councilman l4artinrs comment that he understood the business has been in operation for some time, IvIr. l,tcMillan explained there has been a wholesale/warehouse operation and that.he was approached by IvIr. Rosberg to as$ist in the application for special$ermit wtr-en the decision was made to engage in retail sales. lvlr. IvEMillan stated that the sales area will be used for display purposes, similar to any other operation where a customer selects merchandise from models on display; Council was informed that !k" Rosberg is engaged pri- marily in sales of repossessed articles--the volume of new merchandise sales is a small part of the operation. IvIr. Rosberg e:<plained that he is associated with five major leasing com- panies and that 98% of his inventory consists of repossessed used equip- mentl he stated that there are no other firms in the city engaged in sales of repossessed office furniture and equipment and that his contacts are made through newspaper advertising, by mail and outside salesmen. Councilman Crosby asked for clarification on whether or not the Planning Commission had infornnation on the area of the building that was to be used for retail sales when it approved the permit and suggested the Commission Chairman be invited to comment. Mayor Amstrup recognized !,tr. Sine who explained that the sketch that was furnished at the hearing t&as incomplete as to the specific area to be used for office and retail sales--the Commission?s approval was contingent upon a revised sketch being filed with the City Planner. Councilman Mangini stded that he shared Councilman Martinrs concern about competition with established businesses. Mayor Arnstrup asked l,tr. Rosberg if he intended to engage in i6"tion sales; 140 the latter replied in the negative, assuring Council that he was aware of the requirement for a special auction license. In response to Council.man Martin, I\&. Rosberg agreed to accePt a condi- tion limiting the stock of new merchandise to 20% q-J total stock. Councilman Martin introduced a motion to uphold the Planning Commission?s approval of the special use permit to Ronald A. Rosberg to sell office furniture and equipment at retail in the building located at 1669 Bayshore Ftighway, sales and office sFace to be restricted in area and located in the building according to the plan on file with the City Planner and the inven- tory generally to consist of no nore than 20% of new merchandise. The motion was seconded by Councilman Ivlangini and unanimously carried. RESOLUTIONS - Drug Abuse Education Program, San Mateo Union High School Distriet Mayor Amstrup requested Councilrs consideration to the two resolutions relating to the California Council on Crirninal Justice Drug Abuse Educa- tion and Counseling grant. The Chair recalled that several months ago Dr. Edward T. l{alsh, Assistant Superintendent of the San Mateo Union High School District, appeared before Council soliciting support in obtaining the grant. RESOLUTION NO. 56-?L 'rAuthorizin g Execution 6f Agreement l^Iith The San Mateo Union High School District--Drug Abuse And Counseling Project'f was introduced for passage on notion of Councilnan Mangini, aeconded by Councilman Crosby and unanimously adopted on the following ro11 call: A\IES : COUNCILMEN: Amstrup-Crosby-l,Iangini-I'Iartin NOES: COUNCILMEN: None ABSEM COUNCILMEN: Johnson RESOLUTION NO. 57-7L 'fAcc epting Grant (omnibus Crime Control And Safe Streets Act - P.L. 90-351) And Authorizing E><ecution Of Agreement With California Council On Criminal Justice" was introduced for passage on motion of Councilman Mangini, seconded bp Councilman Crosby and unani- mously adopted on the following roIL call: AYES: COUNCf LMEN: Ams trup-Crosby-Ivllangini -llartin NOES: COUNCILEIEN: None ABSEN]. :COUNCfLMEN: Johnson The Chair recognized Dr. Walsh, according him the privilege of the f1oor. Dr. Walsh, in conveying the High School Districtrs gratitude for Councilrs cooperation, stated there are approximately L2TOOO students in the schools that corprise the District and that the loca1 program of educating young people before they become involved with narcotics is perhaps one of the finest in the United States. Responding to a question raised by Councilman Martin, Dr. Walsh confirmed that the city is involved only to the extent that its sponsorship made the grant possible, that there is no financial oblilation on the cityrs part and that the District will provide the required mAtchi'ng'funds; he reported also that there will be a drug counselor in every school and that there will be twenty-four hour counseling service available to the students. COMIUT.INICATIONS 1. PEDESTRIAN ACTTVATE D SIGNAL. CABRILI'/HILLSIDE Under date of October L4, L97L, the City Manager submitted for eouncil approval a report from the Chief of Police reconrmending installation of a pedestrian actuated signal at the intersection of Cabrillo Avenue and HilLside Drive" fn substantiating the intersection installation, as opposed to midblock, the Police trhiefts report pointed out that most motorists look for con- trols at an intersection, not in mid-bIock, and that the latter location could be hazardous to pedestrians and vehicle traffic alike; the comnuni- cation stated further that pedestrian count indicates there is a heavier volume of foot traffic at Cabrillo than Cortez, that at Cabrillo, the signal wilt be readily visible to motorists traveling east and west on Hillside, and the Principal of Otrr tady of Angels School eoncurred urith the proposed location as advantageous to both school and church; the proposed time sequence for the signal was listed with the explanation Llt that the schedule could be changed as circumstances dictate. Chief Lollin, responding to Councilman Crosbyrs inquiry, explained that the signal will operate on Saturday between the hours of 4zOO and 6:OO p.m., for children attending religious classes; he mentioned also that the signal works on a time clock and when it is operating there will be a continuous .'flashing yellow 1i9ht, except when the red light is activated by pedestrians. A rnotion introduced by !{ayor Amstrup, seconded by Councilman Crosby and unanimously carried, approved the installation in accordance with the report of the Chief of Police dated October L4, L97L. The City Engineer stated that it has been determined gas tax revenues can be used to defray costs. 2. SALARY SURVEY AUTHORIZED A communication from the City Manager dated October L4, L97L, mended that the Agreement with the State Personnel Board for survey only be authorized for execution. recom- a salary Councilmen Crosby and t'tangini requested that the employees be made aware of the survey and procedures involved. RESOLLITION NO. 58-7L "Authorizing Execution Of Agreement With Coop- erative Personnel Services" was introduced for passage on motion of Councilman Crosby, seconded by Councilman ltangini and unanimously adopted on the following ro11 caII: AYBS: COUNC f LMEN: Ams trup-Crosby-l,langini -l,Iartin NOES: COUNCILMEN: None ABSENT COUNCILMEN: Johnson 3. COI.]NTY-WIDE PIAN F13R WASTEWATER MANAGEMENT $ommunication from the City Manager dated October L4, Lg7J-, referred to the discussion at the study ueeting of October 6 concerning the cityrs participation in a program aimed at developing a county-wide plan for wastewater management--the city's share of the costs to be $1600.00. The communication noted that the City Engineer indicated there is some value to the study as an analysis of the issue and facts concerning consolidation of sewage plants. Acconrpanying the communication were copies of a letter dated Septembet 28, L97L, from James V. Fitzgerald, Chairman, San Mateo County Board of Supervisors, regarding "County-wide Plan For Waste- water Managemenrr and a report titled rrProposed San Mateo County Water Quality Management Program. " A motion introduced by Councilnan Mangini, seconded by Councilman Ivlartin, supporting the proposed program and approving an expenditure of $1600.OO as the cityts contribution to development of a county-wide plan for waste-water management, in accordance with the letter dated September 28, L97L, from James V. Fitzgerald, was unanimously approved on the following roll call: AI|ES: COIJNCfLMEN: Amstrup-Crosby-Irtiangini_l'Iartin NOES: COLJNCILMEN: None ABSENT COUNCfLIvIEN: Johnson Councilman ttrartin requested the warrant be drawn against sewer treatment plant capital outlay funds. * 4. sAN MATEo cotiNTy corwEllTroN AND vrsrroRs BUREAU A cornmunication from the City Manager dated October L4, L97L, submitted a form of resolution furnished by the San Mateo County Tourist and Con- vention Committee whereby the city would agree to participate in the formation and operation of a non-profit corporation to be called the S3n Mateo County Convention and Visitors Bureau, financed by a contri- bution from each participating city as recommended by the study committee. A detailed report from the Tourist and Convention Cogmittee, dated October 4, l-g7l-, accomlanied the communication. 142 Mayor Amstrup's offer to serve as the cityrs representative on theBoard of Directors of the proposed bureau was accepted by councir. Council indicated no objection to Councilman Martinrs request thatthe resolution be rewritten to provide to the City of Burlingame theprivilege of withdrawal from the organization at its discretion, eitherby limiting the term of participation to a period not to exceed two years,or cancellation of membership upon proper notice. RESOLUTION NO. 59-7L rrAuthorizin g Participation fn The San Mateo CountyConvention And Visitors Bureaur' (amended in accordance with CouncilmanI4artinrs request) was introduced for passage on motion ofCouncilnanMangini, seconded by Councilman Crosby and unanimously adopted on thefollowing ro11 call: AYES: COUNCfLI,IEN: Amstrup-Crosby-Mangini-ttrartin NOES: COUNCTLMEN: None ABSEI.IT COUNCILMEN: Johnaon 5. ESTABLISHMENT OF SAIARIES A communication from the City Manager dated October L4, l-gZL, recommending enactment of legislation to establish the salaries ofthe treasurer and crerk as of April 16, lg7z, was referred to thestudy meeting of November 3, L97L. ORDfNANCES fntroduction of; @DINANCE NO. qLs -- Adopting by reference The Uniforrn Buildingcode, L97o Edition, was referred to the study meeting of November 3at Councilnan Martinrs request. UNFTNISHED BUSINESS 1. ABANDONED BILLBOARD the City Planner reported that, as directed by Council, he investigatedthe status of a large billboard on vaeant property along the Bayshore FYeeway, just north of the building where the Tia Maria sign is mounted,and learned that the structure was approved by the city approximately 10 years ago for Colwe11-Banker Company to advertise industrial propertiesfor sale. The City Planner stated that the property was recently acquiredbv Woodruff Construction Company and will be improved with a new officebuildingi for the present, the sign will remain but the face will be re-painted, and eventually will be removed completely when the parking area is completed. The City Planner stated that another sirnilar sign was observed in thevicinity of Mitten Road and the billboard people agreed to re-paint whenthe situation was brought to their attention. Acknowledgnent was made of a comrnunication dated October 8, Lg7L, fromthe City Attorney reconmending execution of a document related to litiga-tion against Hersey Products, fnc., to which the City of Burlingame wasa party. RESOLUTION NO.. 60-7L 'rAuthorizing Execution Of Release And CovenantNot To Sue - Hersey Products, Inc., United States District Court, NorthernDistrict of Cififornia - No. C-5O284 - cHBr was introduced for passage onmotion of Councilman Crosby seconded by Councilman Martin and unaninously adopted on the following ro11 call: AYES: COUNCILIyTEN: Amstrup-Crosby-Mangini -trtiar t in NOES: COUNCILMEN: None ABSEI{T COUNCILTIEN: Johnson 3. .STCRAGE TN CITY PARKTNG I-OT Mr. Robert church, representing Pacific western Developers, rnc., re-quested permission to use seven (7) additional stalls in the city parkinglot on Donnelly Avenue, adjacent to the construction project at the cornerof Donnelly and Primrose, for purposes of unloading and storing materials.Mr. Church explained that the space will be required for approximately twoweeks, until ground level flooring is in place in the building, when thematerial can be moved inside. Councilman Martin stated he requested the City Manager to have l'1r. Church appear before Council when he observed that storage was encroaching beyond 2. ANTI-TRUST LITICTA?ION --WATER METERS I 143 the area that lvt. Church was permitted to use. Councilman Martinrs suggestion that the request be approved, limited to two weeks and that some semblance of order be maintained where the material are stored, was accepted by Council; Mr. Church was authorized to proceed accordingly. Councilman Martin pointed out that the holiday shopping season is approach- ing and the merchants will not appreciate the loss of parking spaces. NEW BUSTNESS PARKING PROHTBITTON BI.'RLTNGAME AVENUE OPPOSTTE WASHINGTON PARK Councilman Mangini requested Councilrs consideration to delaying inrple- mentation of the recently adopted ordinance prohibiting parking on Burlingame Avenue from the east boundary of the Recreation Center to East [a.ne, explaining that information he has received recently would aPpear to justify further discussion by Council. He asked that the matter be referred to the next study meeting. Mayor Amstrup recognized lvlr. Willian Fliauser, General Manager, Camber of Commerce, who reported he has received telephone calls from mothers of children attending the nursery school and from persons participating in senior citizensr activities; both groups are concerned lest there be no provision for limited parking for the time it takes to escort the children to and from the nursery and to assist elderly peoglle in and out of the building. There were no objections voiced to Councilman litanginits reguestl the Chair directed the City Manager to delay installation of the signs andto place the matter on the agenda of the next study meeting. ACKCI^TLEmMEI{TS 1, Chamber of Commerce Quarterly Report, October 1 through December 31, L97L. t"tayor Arnstrup, in behalf of Council, complimented !,k. Hauser on his efforts in producing an excellent report. 2. Expiration of Commissionersr Terms. A communication from the City Manager dated October L4, L97L, subrnitted the names of commissioners whose terms were expiring; the City Manager was requested to determine whether they were interested in reappointment and to report to Councit atthe meeting of November 1. Councilman I'tangini stated he has nomineesfor consideration should any of the present commissioners decline. 3. Park and Recreation Commission communication of October 8, Lg7L, '' signed by William N. Beuttler, Chairman, concerning "Bleacher Complex-Bayfront Baseball Field. " 4. Police and Fire Department Reports, September, Lg7L" Minutes: Park and Recreation Commission, September 21 andCitizens Comraittee for Art,/Cultural Center, September 29, Lg7L. Councilman Crosbyrs reference to an item in the Eark and Recreation Commission minutes concerning further damage to restrooms at Cuernavaca and Washington Parks due to vandalism initiated a period of discussion,during which it was noted that constant replacement of restroom facilitiesis becomin(7 a serious problem. The City Manager repotted that the city is using a special type of fixture, supposedly immune to damage from cherry bombs; he stated that fire damage occurs to the exterior of the buildings when the fire bombs explode. There were a number of suggestions offered for combating the vandatisrn;the matter was referred to the City Manager with a request that he conferwith the Cief of Police and the Park Superintendent in an effortto arriveat some method of control. PROCT.AMATION Mayor Amstrup proclaimed Sunday, October 24, L97L ?'UNITED NATIONS DAy." L44 APPROVALS - WARRAT{rS 3Np -pAlfROLL On a motion introduced by Councilman Mangini, seconded by CouncilmanCrosby and unanimously carried, Warrants Nos. 8770-8993, in the amountof $2OOr151.43, duly audited, were approved for payment. On a motion introduced by Councilman Mangini, seconded by CouncilmanCrosby and unanimously carried, Payroll Checks Nos" 1056 - 1608 (monthof September) in the amount of $ZOS,084.76, were approved. ADJOTJRNMENT The meeting was adjourned at 9:35 p.m., in respect to the memory ofwilliam R. Eckert, 22L6 Davis Drive, and Dan R. Love, Jt., formerMayor of the City of Burlingame. Respectfully submi tted.sWHerbert K. White, City Clerk APPROVED: q IRVTNG AMSTRUP