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Burlingame, California
January 3, L972
CALL TO ORDER
A regular meeting of the Burlingame City Council was heldon the above date. The meeting was called to order at8:10 p.flI., by Mayor Irving S. Amstrup.
PLEDGE OF ALLEGIANCE
fhe City Planner led the assemblage in the P1edge ofAllegiance to the Flag.
ROLL CALL
Present - Councilmen:Absent - Councilmen:
/BL
Amstrup-Crosby-Johnson-Mang ini -Martin
None
II{INUTES
The minutes of the meeting of December 20, 1971, previously
submitted to Council, idere approved and adopted.
COUNCILMAN JOHNSON PLANS TO RETIRE
tlayor Amstrup deferred to Councilman Johnson who had asked
to make a stat,ement at this time. Councilman Johnson there-
upon announced her decision not to seek reelection to theCity Council in April. She explained that she preferred to
make the announcement at this time, rather than wait until
the filing period opens, in order to give more time to
prospective candidates to formulate their plans, that the
decision was motivated by a desire to spend more time with
her husband and family, to be able to join with them in
activities without having to consuLt the calendar so closely;
that after 24 years in city government--seven years on the
Library Eoard and L7 on the City Council, three terms as
Mayor--it seemed that the time had come to make way for some-
one else. Councilman Johnson noted that the community is
consistently loyal to its incumbents, reelecting them time
after time, which probably has the effect of deterring others
from becoming candidates. Councilman Johnson stated that
since she does not know who will be prospective candidates,
nor how many, for the seat that she is vacating she will not
be able to endorse any one candidate but will most certainly
support the two incumbents.
Mayor Amstrup spoke of his deep affection for Councilman and
Mr. Johnson, stating that not only will Council miss her but
the community tri1l lose a loyal and dedicated public servant.
Councilman Crosby, Mangini and Martin echoed the Mayor's
sentiments, expressing pleasure at having had the opportunity
of working with her.
COMMUNICATIONS
I PUBLIC HEARING SCHEDULED - PARKTNG LOT AIR SPACE
A communication from the city Manager dated December zg,Lg7L,
183
reported that the document providinq..fgr lease of the air
rilnts above the city parking fo1 _]C'l (southeasterly side
of Donnelly Avenue) has been nodified to include the recom-
mendedl,changes and, according to 1.1r. Kenneth Jones, attorney
for the parfing District, tha document is in form to be
considered by 6ouncil at its meeting of January 3 and the
resolution oi intention to make changes and modifications
in the Parking District could be adopted on January 3 h'ith
a public hearing scheduled for the meeting on January L7,L972.
The communication recited a series of six changes that were
made in the latest edition of the proposed lease.
The City Attorney explained that the purpose of tle public
hearing is to delermine that the air space which is the
subjeci of the lease is surPlus or excess at this time,
and for the period of the }ease, to the needs of the Parking
District, that the hearing will not relate to the terms
of the lease, and that it would appear more orderly to
attempt to resolve any problems in the lease at the present
meetiirg, rather than attempt to do so at the time of the
hearing when the question of whether or not the air space
should be rented is being discussed.
In response to Councilman t*tangini's inquiry concerning use
of the upper level parking area, it was pointed.out that
erticle 7l Parafraph 7.5 recites the specific times when
the facilities may-be used by the public; obviouslY, parking
will be reserved ior the purposes of the Lessee at all
other times. The City Attorney commented that the city
will assume the responsibility of policing only when the
parking is open to tne public; other than that, control of
Lrespassers will be the responsibility of the lessee.
Councilman Crosby referred to Section 7.7 "Reasonable User"
providing that aiter a period of two years the city can
make a determination that the deck is not being used to
full capacity and can require the lessee to release an
"appropiiate number of parking spaces for public use
wiltrout consideration" and asked for clarification as to
criteria to be employed to make such a determination.
The City Attorney stated that it would not be difficult,
that, peihaps observation alone would furnish the answer,
or vehicle count over a specified period of time.
t"layor AmstruP referred to Article 10 "Damage to Improve-
mentsr" commenting that the language of the last sentence
would indicate thit if the parking structure were damaged
to the extent that it could not be used, the lessee would
not, be required to reconstruct.
The city Attorney agreed that use of the word "may" does
not make reconstiuction mandatory but reserves the option
to the tenant to decide whether or not he wishes to recon-
struct.
ouriirg the ensuing discussion, the following items were
referred to the Cattorney for the
ttorne and to i"lr. Joseph Geller,
lessee, for reso ut
1. Page L7 last sentence Paragraph 10.1: Delete "may"
following "LEssEEr" substitute 'rshall", sentence to read
"LESSEE shall reconstruct the Parking Improvements. . . . . . "
Expand paragraph 10.1 to include a provision for the
Iessee to carry casualty insurance on the improvements,
thereby guaranteeing replacement in the event of damage
n
!-
184
or destruction.
2. Reference $ras made to paragraph 2.7 defining "DemisedPremises" and to 7.5 "Use of Premises by Public."
Councilman Martin stated that the definition of Demised
Premises appears to be ambiguous.
7.L "Sup;ort Structur€s." There should be a provision
here that the J.essee may Iose some parking stalls by
reason of supports, ramps and other services that will
be required in construction of a second deck.
7.3 lrtilities, etc. The language of the lease should bepreciffireasofresponsibi1ityformaintenance
and lighting costs, should there be construction of anadditional deck or decks.
The City Attorney reported there is a technical errorin the description in Exhibit C, which must be correeted.
The City Attorney stated that the current lease isprobably the fourth revision that he has seen and it isthe first time that a provision for arbitration appears.
He explained that it has been and will continue to behis position that a city never agree to arbitration, thata city, through its city"-council and staff , should have
the obligation of working out its problems and not abdicate
the responsibility by way of arbitration. The City
Attorney read paragraph 15.3 "Arbitration" in'its entirety,
stated that it is not unusual to provide for arbitration
between landlord and tenant but, to his knowledge, nopublic lawyer representing a city ever recommends arbi-tration bethreen contracting parties and that he would
object to such provision in any area in the lease.
Mr. GeIIer thereafter agreed to strike the last sentence
in paragraph 7.7 and to eliminate the arbitration para-
graph (15.3).
During a period of discussion concerning dollar value of
the lease, the City Attorney recalled that the initial
letter the city received from Mr. Jones concerning the
lease menti.oned that any rentals received under such lease
would be held in trust for the use of the Parking District
and those rentals must be measured in fair market value
of the property declared to be surplus; accordingly, for
Council to declare the air rights surplus, there must be
a determination as to fair market value.
Upon advice from the City Attorney that he would confer
with Mr. Geller in an effort to have a newly revised
lease, incorporating all of the changes discussed this
evening, available for Council review prior to the study
meeting on January L2, Council agreed to review the subject
further at that time.
There was discussion concerning the date of the public hear-
ing, whether the next Council meeting or a meeting in
February; Councilman Martin stated he would prefer to delay
to February to give everyone interested an opportunity to
review the lease; Councilmen Crosby and Johnson opposed the
delay, opting for the JAnuary 17 meeting and continuing
from that meeting to another meeting, if necessary.
Mr. Robert J. ltacDonald, zLG Park Road, and Mr. Theodore BIum-
berg both spoke of their interest in the subject; they were
invited to be present at the study meeting.
-'1
iE5
RESoLUTION NO. 1-72 "A Resolution of Intention To Make
eFange s ent Modificat ions, Burlingame Avenue Area off-
street Parking District" was introduced by Councilman Crosby
who moved its adoption, seconded by councilman Johnson and
declared carried on the following ro11 call:
AYES: COUNCILMEN: Amstrup-Crosby-Johnson-Mangini
NOES: COUNCILMEN: Martin
ABSENT COUNCIIJIIEN: NONC
(Public hearing to be held on lilonday, January L7, 1972.)
RECONVENE
Following a recess at 9:35 P.m., the Chair reconvened the
meeting at 9:45 p.m.
COMMUNICATIONS (coNt. )
2. COOPERATIVE GOVERNMENTAT AGENCIES
A letter dated December 29, 1971, from James V.
Chairman, San Mateo County Board of Supervisors,
issues and problems of mutual interest to all of
in the county, was acknowledged and referred to
Clerk for filing.
Fitzgerald,
concern i ng
the citiesthe City
3. MODIFICATION OT AGREEMENT NORTHPARK COMPLEX
A memo from the city Planner dated December 29, L971,
advised that the developer of the NorthPark Apartment com-
plex found it necessary to nake minor revisions in land-
scape plani this, in turn, wilI require modification of
the agreement executed between the city and the developer
for construction of the Project.
The matter was referred to the City Attorney to Preparethe necessary document for council's consideration at thb
meeting on January L7, L972.
4.AGREE!.,IENT FOR EASEMENT CHRISTENSEN PROPERTIES
A memo from the City Planner dated December 29, L97L,
concerned a proposed develoPment in the East Uillsdale
area requiring execution of an "Agreement For Easement"
between the City of Burlingame and Christensen ProPerties
for the purposes of a non-exclusive access easement. The
communication advised that a tentative parcel map $ras
approved by the Planning Commj.ssion subject to accePtance
oi the terms of the agreement by the city council. The
City Planner recommended accePtance .
RESoLUTION NO. 2.72 "Authorizing Execution of Agreement
For-EAsernenE-Ie6een Christensen Properties, rnc. , And
The city of Burlingame" was introduced by Councilnan crosby,
who moved its adoption, seconded by Councilman Johnson and
carried unanJ.mously on ro11 call.
ORDINANCES
1. ORDINANCE NO. 952 "An Ordinance Amending Sections
9.04.01r, 9.04.012 And 9.04.020 Of The Municipal Code And
Inereasing Dog License Fees And Fees for ImPounding,
Keeping ena Sefting Dogs Runninq At Large" was given its
second reading and on motion of Councilman Johnson, seconded
by Councilman Manglni, said ordinance passed its second
reading and was adopted on the following roll call:
186
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT COUNCILMEN:
i\rn s trup-Cro sby -John son -Mang i n i
Martin
None
2. ORDINANCE NO. 953 "Adding Section I8.12.040a lo The
uuni@viding For rnstallation of-Back
Water Valves" was given its second reading and on motion
of Councilman Marti-n, seconded by Councilman Crosby,
said Ordinance passed its second reading and was adopted
on the following roll call:
AYES: COUNCILMEN: Amstrup-Crosby-Johnson-Mangini-!tartin
NOES: COUNCILMEN: NONC
ABSENT COUNCILMEN: NONE
3. ORDINANCE NO. 954 "An Ordinance Amending The Municipal
code@rlingame By Adding Subparagraph 47
To Sect,ion 13.20.010 And Providing For An Intersection Stop
For Vehicles At The Intersection Of Loma Vista Drive And
Loma Vista Circle (North) was given its second reading and
on motion of Councilman Martin, seconded by Councilman Johnson,
said Ordinance passed its second reading and was adopted
on the following ro1-1 call:
AYES: COUNCILMEN: Amstrup-Crosby-Johnson-llangini-Martin
NOES: COUNCILI-IEN: None
ABSENT COUNCILTIEN: None
The City tlanager, responding to Councilman Martin, confirmed
that a bump will be placed in the road\,ray to force a stop
and the last section of the road paved to counter the dust
problem.
NEW BUSINESS
I SHELL OIL COMPANY SIGN
In a letter dated December 30, 1971, signed by V.K.Clifford,
District Manager, the Shell Oil Company appealed the
decision of the Planning Commission in denying a request
to modify an existing sign at the Bayshore Highway,/Burlway
Road service station; the communication asked for time to
make necessary modificati.ons for an alternative proposal
to the Planning Commission at its study session on
January 10, L972.
Council accepted the City Attorney's reconmendation that
the applicant be permitted to resubmit to the Planning Com-
mission
2. LIBRARY DEDICATION
Sunday, February 13, L972, was selected for the dedication
and formal opening of the new addition to the main library.
3.ORDINANCE NO. 935 STUDY CO}IMITTEE
Mayor Amstrup announced that the citizens committee to
study the "residential reports" ordinance has not been
appointed as yet but witl be in the near future.
ACKNOWLEDGMENTS
1. Letter dated December 15, 1971, from PauI L. Watts,
1415 Be}Ievue Avenue, protesting installation of the new
"international standard" traffic signs. The City Engineer
reported that the signs were adopted by the Federal Govern-
157
ment and the State Division of Hiqhways, rrith minor excep-tions, and that all of the cities are expected to use
them in new installations, but not to change existing signs.
2. A communication from the city Manager dated December 30,
1971, submitted a request from BBc Management Systems to
make a presentation to Council concerning community cabletelevision. The city Manager was requested to arrange for
a presentation at the February study meeting.
4. A conmunication fron the City Manager reported that a
questionnaire received from Ralph C. Dills, Chairman,
Senate Select Committee on Local Public Safety EnPlolzment
Practices, will be completed and forwarded promptly to
Senator Di1ls.
4. Minutes Burlingame Bikeways Committee, December 13,
Libr-ry Board, December 14, 1971, Planning commission,
December 27, L971, and a report from the city Planner dated
December 2A, L971, on actions and recommendations of
Planning Commission at meeting of December 27, 197L.
COMMISSION ATTENDANCE REPORTS
Councilman Johnson referred to the commission attendance
records for 1.971, noting that Health, Safety and Traffic
has two members vrith perfect records, Park-one menber
and Planni.ng -three members .
PUBLICITY WASTEWATER TREATMENT PLANT
councilman Martin referred to the recent newsPaper publicity
concerning activities of an employee at the wastetrater
Treatment Plant, commenting that the City Council appears
to be the only body to whom the alleged deficiencies were
not reported; he stated that if the man is sit-lcere and has
a legitimate complaint Council should certaindfiEtom him.
CHAMBER OF COMMERCE
Councilman Johnson announced that the general meeting andinstallation of officers of the Charnber of Commerce wilI
take place on Friday, January L4, 1972; the public is
we lcome .
ACKNOWLEDGMENT
Mayor lunstrup acknowledged the presence of Lorin Todd,
recently retired from the Police Department.
ADJOURNMENT
Res ectfu 11 ed,
APPROVED:
I't...
Irv s trup, Ma
Herbert K. white,City Clerk
Councilman I'lartin stated that he has heard it said on any
number of occasions that there is always a "sparkplug" in
every city--Burli.ngame was fortunate in having had as its
sparkplug George A. Mannr his achievements rdere manifold
and the city couLd never hope to repay its debt to hin;it was his innovative ideas, foresight and planning that
helped to make Burlingame the progressive city it is.
The meeting was adjourned in respect to the memory of
ceorge A. Mann, City Planner for the City of Burlingamefor close to 20 years.
Time of adjournment: 10:15 p.m.