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HomeMy WebLinkAboutMin - CC - 1972.01.03.Er /82 --t'- 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.