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