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HomeMy WebLinkAboutMin - CC - 1972.02.07198 Burlingame, February CaI i fornia 7, 1912 A regular meeting of the Burlingane City Council the above date. The meeting was called to order Mayor Irving S. Amstrup presiding. was held onat 8:05 p.m. , PLEDGE OF ALLEGIANCE The City Planner led the assemblage in the Pledge of Allegiance to the FIag. ROLL CALL Pre sent Absent Councilmen: Ams trup-Crosby-Johnson-lttangin i -Mart in Councilmen: None neeting of January L7, 1972, previously sub- $rere approved and adopted. Mayor Amstrup introduced Messrs. Harry S. Graham, Adolph C. Harrison, J.D. Refvem, Thomas W. Sine and Lorin R. Todd, candidates r.rith the incumbents - Irving S. Amstrup and victor A. Mangini - for the office of councilman in the upcoming city election in April , L972. (sixth challenger, Mrs. Dorothy Cusick, was not present. ) ,-. PRESENTATION CITY COUNCIL CANDIDATES BIDS 1. WATER SYSTEM IMPROVEMEN?S Bids for the annual water system ImProvement Project, oPened on wednesday, february 2, L972, at 2:00 p.m., in compliance with published notice, were declared as follows: BIDDER TOTAT BID (ItCMS I-25) MI NUTES The minutes of themitted to council, Collishaw sprinkler Company Ray M. Tate Utility Construction Venturini CorporationFairley Constructors West valley Constiuction Wenrich & Associates McGuire & Hester w. H. Ebert Corporation Ernest E. Pestana Associated Pipe Line Va1ley Engineersv.N. vukasin Mission PipelineSilva's Pipeline $168,987.00 Company 180,174.50 2O5,2?L.0O 229 ,976.00 243,147 .75 248,875.00 255 ,532.50 262,956.00 268,2O9.50 282 ,46L.00 283,35L.25 322,430.oo 329 ,02O.50 334,245,50 CALL TO ORDER Engineer's Estimate $271,36L.25 A communication from the Director of Public works dated February 3, L972, rePorted that, subsequent to bid opening, the tsro 1o$, bidders, Cotlishaw Sprinkler and Ray M. Tate, sub- mitted written requests to $rithdraw their bids vrithout penalty 199 because of computation errors. The communication stated further ihat, considering the size of the job, engineer's estimate and the other bids, it woutd appear that the three lowest bidders may have erred in their comPutations, although. no word- has been re'ceivea as yet from venturini corporation, third low bidder' The letter rlcommended holding the bids under advisement for tr^ro weeks for staff reviewi in an addendum to the letter under date of February 3, L972, the City Manager concurred in the reconunendation . Council heard a report from the Director of Public Works that correspondence bras received in his office (after the above letter was written) from Venturini CorPoration requesting with- drawal of bi.d because of an error in cost estimates for new house services, making it impossible to undertake the project r,rithout severe f i.nancial loss. conunenting that the city does not wish to penalize any con- tractor, Lhe oirector of Public works recorunended that, under the circumstances, the contract be awarded to Fairley Construc- tors, the lowest responsible bidder, provided the City Council is agreeable and the City Attorney apProves the Procedure. Councilman Martin objected to selecting the fourth bidder; he asked that Council be furnished comPlete information as to errors in the three bids and that the contract not be awarded until the engineering dePartment can verify its take-offs on items 3,10,11,17 ,18 ,L9 ,20. A po11 of Councj.l indicated no objection to the delay; Mayor Amstrup thereafter announced a continuance to the regutar meeting, Tuesday, February 22, 1972, rescheduled the third Monday due to the holiday. next from 2. BURLINGAME AVENUE EL CAMINO REAL TO CALIFORNIA DRIVE Bids for theat 2:30 p.m. as follows: BI DDER BASE BID above project, opened on wednesday, February 2,1972, , in comptiance with published notice, were declared Huettig & schromm James Marsh Mccuire & Hester sorensen & Marsh Ilarrold & williams Architectrs Estimate 148,645.50 Neither Mr. Eric Mausser, Mausser Electric Mr. Douglas Beetlestone, representing Levy $230,550.00 228,300.00 278,000.00 217,000.00 242 ,7 16 .00 $46,620.00 47,000.00 41,500.00 48 ,659.00 40,800.00 $277 ,L70.OO 275,300.00 319,500.00 265 ,659 . O0 283,5r6.00 ALTERNATES TOTAL B THROUGH F BID 41,987.00 190,632.50 a completion timein prior dis- loca1 merchants Company, norBros., objected, stating Itlr. Ronald Perner, project architect, discussed the variation bet$reen his estimate and low bid, explaining that figures he used were obtained from suppliers and considered realistic; actual bid figures, however, $rere higher than indicated costs. Responding to Mayor AmstruP, Iv1r. Perner confirmed that the scoPe of ttre work was broadened at Council's direction to include wheel chair ramps at every crossing; this, in turn, entailed relocation of catch basins, adding approximately $12,000.00 to the total cost of the project; the ramps were not a Part of the original specifi- cations sent out to bid. Mayor Amstrup noted that the low bidder indicates of 180 calendar days, whereas the indicated time cussions hras 105 days, he asked for comments from in attendance . 200 that the merchants are anxious for the work to be started andcarried to completion. rn response to councilman crosby, the city Engineer reportedthat up to $100,000.00 of gas tix funds cin be allocated,if required; his comment that the Park Superintendent considersthe !f"" guards unnecessary initiated discussion; comments fromthe floor indicated the merchants feel there 6re aesthetic aswell as practicar varues that wirl justify the expenditure. RESOLUTfON No. 10-72 "Awarding Contract - Burlingame Avenue Fromlifornia 6rive, Burlingame aienue CentralBusiness District, Job No. 532I,' (sorensen & Marsh, Inc.l$2651659.00) was introduced for passage on motion of Councilmancrosby, seconded by councilman Johnson and carried on thefollowing roll call:AYES: COUNCILMEN: Amstrup-Crosby-Johnson-ManginiNOES: COUNCILMEN: Martin Councilman Martin protested that the total cost will approximate$300,000.00, including architectrs fees--50* higher tha; budgeted.He recommended that, prior to installation of sidewarks, thecontractor Pour a sample for merchants and city staff to inspect,thereby avoiding a situation similar to that in tfre City of banMateo, where it was necessary to completely redo a sidewalk job. COMMI SS ION APPOINTIqENTS Mayor tunstrup announced the following: To the Parking Commission Mr. A.A. Kirk | 25LS Poppy Drivelllr. Victor T. Subbotin , 25L9 Hale Drive San l'lateo County Mosquito Abatement Board:Mr. William Briggs 746 Laure1 Avenue RECONVENE Following a recess at 8:45 p.m., the Chair reconvened the meetingat 9:00 p.m. HEARINGS I CHANGES AND I{ODITICATIONS BURLINGAME AVENUE AREA OFE'STREET PARKING DISTRICTS Mayor Amstrup announced that this was the time and place scheduledto conduct a public hearing on the following matters: (1) Therequest of Pacific Western Developers to lease airspace overParking Lot C for the purpose of erecting a parking structure forthe Crocker Financial Center; and (2) To delete the Post Officeparking lot from the Parking District and substitute therefor a second parking deck for public parking in the airspace over Parkingtot C, all pursuant to Resolutions No. 4-7 2 and 5-72, adopted bythe City Council at its meeting of January L7, L972. Mayor Amstrup announced ground rules, declared the hearing open and accorded the privilege of the floor to the proponents of the air- space Iease. Mr. Joseph Gel1er, attorney representing Pacific Western Developers,Millbrae, explained that, basically, it is proposed by the developers of the office building to lease from the city a sliceof air above the public parking lot behind the building andcertain ground space for columns on which a parking deck of 50plus parking spaces will be built, the lease to run for a period of 30 years and, upon expiration, ownership of the structure torevert to the city, the structure to be built according to plans filed with the city and in full compliance with all applicable codes, standards and specifications. 2{)l Mr. Geller stated that the original plans show the nature of the ;l;";a;;" and revised driwings-incluie re-engineering bv. way of i""ii"g" to provide for consiruction of a second deck' should It" ci[V decide at some future time to undertake such construc- tion . Mr. Geller stated that the terms of the Proposed-Iease provide that the structure shall be reserved for the exclusive use of in"-"fii." building duri.ng normal business hours and be avail- able to pubtic use on hoLidays, weekends and evenings' in the event tnl city should erect a second deck, it sha1l lave the iighi t" desilnate hthich deck shall be the subject of the leise; furthermore, the city has also reserved to itself rights relative to full usage of the deck by provision in the lease ,n.i.ly-tt. deck shail be released to public use if, in the city'"-judgment, it is not used to caPacity. Noting that the proposed lease provj-des for monetary consideration of $1:oo per yeai, i'tr. Geller cited the following in suPport thereof: The lessee wilI assume aI1 construction costs, including ;e;il;i" footings for a future public parking deck; upon- termina- tion of the leaae, title to the structure to revert to the city; by reason of the structure, the developer volunteers parking iir excess of that to trhich he is comlted by law. Mr ' Geller pointed out that the citizens committee appointed by the council io .ss""" the Project, submitted a majority report suPPorting "nominal" monelary consideration; furthermore, all of the con- ditions recommend-ed by the corunittee with respect to the lease t ere accepted by the develoPer. Mr. Gel1er referred to a corununication received by the Council from the President of the chamber of commerce suPporting the project in principle and recommendlng a reasonable rental to ieflect the contribution of the structure to the overall parking problem. Mr. Geller submitted that by reason of the itructure, the city will gain additionat parking in the downtown area; furthermore, costs of double-decking this lot tri11 be considerabfy less than on other lots, if the city does decide to increase parking within the district, because the structure will be buila for future expansion. He pointed out that the community as a whole will benefit because of the new shopping force generated by tenants, employees and patrons of the bui,lding . Mr. Douglas Beetlestone, manager of Levy Bros., Burlingame, stated that the local store experienced the smallest percentage of sales of any of Levy Bros., stores during the last Christmas season and that management is convinced that inadequate parking is one of the problems; he stated that the lease in Burlingame will expire in 1976, that, hopefully, the firm will remain in the }ocation but that parking for customers and employees will be one of the decidinq factors. Mr. Beetlestone explained that the company is definitely interested in increasing and improving parking in the city as soon as possible, feels that the deck ihould be constructed, as well as a second deck, possibly financed by metering existing l6-hour lots. 1,1r. Roger Duncan, 404 Primrose Road, endorsed the project. Mr. GeIIer referred to a petition signed by 56 Persons in business in the downtown area in support of the project that was delivered to the former city planner but cannot be located by staff. There being no further comments in favor, opponents the floor. were accorded Mr. Robert Thompson, immediate Past President of the Chamber of CorNnerce, explained he was speaking as an individual and a property ordner. He stated he has heard comments from pErsons who favor additional parking but are concerned that thqproposal 202 is unfair to lhe city and to property owners in the district;the concept of private control of aii space is a matter ofsome concernr ds is the question of precedent--approval heremay influence other owners to come forth with rike proposals. Mr. Thompson stated that Mr. Theodore Brumberg has deveropedan alternate plan that will be fair to the city, to theapplicant and provide equal parking. ^indite_ctly. He pointed out alsofFffTF"ts excess to the District,re are proposals that other lots There were comments trorfo#mUers of the Council indicating !bgv-ygr-"_,lililiar with'rr{r. Brumlerg's pran. councilman Johnspnq'ro not view the plans because of t[re piruric hearing before council.Mr. Geller stated it was his understanding that Mr. Brumberg'sproposal was totally different from that of pacific westernDevelopers and, in his opinion, the proposal was beyond thescope of the two resolutions adopted by council in scheduringthe present hearing. The city Attorney explained that, essentially, councir is todetermine whether or not an air lot shall be decrared surplusto the needs of the Parking District for the terms of the pro-posed lease, and that council may hear any comments which bearupon that, either directly orthat Council might declare alIf the be occupj.ed in some manner, and Council did not agree to therelease of this lot because it might declare other lots to besurplus to the District, then it could hear anything suggestedto that point. The Chair recognized Mr. Blumberg, owner of property within theParking District, who prefaced his presentation with a resumeof the formation of the original Parking District, financial problems that were encountered in attempting to acquire all ofthe lots considered essential to meet parking needs and the concept, dt that time, that decking of existing lots would become reality at a future time. He stated that seven years ago the primary concern $ras to provide "shopper" parking-- all- day parkers vrere in the minority; however, conditions have changed as evidenced by surveys conducted at the request of theParking Commission and, more recently, by the Chamber of Commerce--the deficiency now is in all-day parking and some solution must be found for employees' cars. He stated that street parking andlimited parking lots should be released to shoppers and long-rangeplans made to assure that every lot in the district will be developed to the maximum, thereby offering convenient parking to meet the needs of all of the people. Ivlr. Blumberg reported that he commissioned parking experts to examine the parking lot behind Pacific Western DeveLopersr buildingfor the purpose of determining maximum amount of efficient, economical parking that could be achieved,there; they proposed a modern concrete helix structure capable of accommodating 93 cars on one deck and, on a second deck, 95 additional,. He stated there would be a loss of 15 spaces on ground Ievel, because of design,but a total of 148 spaces could be achieved r,rere one helix deck constructed above the existing lot--32 spaces more than proposed. Mr. Blumberg also discussed a plan for decking the lot south of Howard Avenue, opposite Peninsula National Bank, stating that 171 spaces could be accomplished there by the addition of one deck. Mr. Blumberg asked Councilrs consideration to development of the tr"ro Iots, dj.scussed cost estimates and suggested that the city call for competit,ive bids, award the contracts, and require Pacific Western Developers to contribute $150r000.00--the amount it intends to invest in its project--to help finance improvements of the two lots, the contribution to be considered prepaid rent for the lease of 55 spaces by Pacific Western on the lot adjoining zu3 its building. He stated that additional financing could be realized fr5m surplus monies remaining in the Parking District fund, release of Londs that $rere authorized but not issued and a contribution from the city's general fund. Mr. Frank Ingersoll, Iocal attorney and owner in the sarlle building with Mr. Robert Thompson, stated that the building has always supplied its own Parking and paid assessments to the Parking piitrict against the time that building expansion might be con- sidered. He stated that the proposed air rights lease is contrary to the concept of the Parking District--the city will lose con- trol of the parking situation; approval of the lease will be the forerunner t,o othei proposals and, unless the Council can develoP some program for othlr Property owners, it will be confronted with serious problems. Mr. Ingersoll asked if the city, in good faith, can judge air rights to be surplus to the Parking District; there appears to be a majority opinion among persons who are familiar with the situation thit the need is critical for additional parking, that acquisition of surface lots is unlikely and the only solution is to build over existing lots. !1r. Bru6e Kirkbride, local business man and participant in the Parking District, stated that the city, while it has the upper hand, should attempt to gain a second deck that can be used for public parking. A communication dated January 29, L972, from J.D. Refvem, Chairman, Parking Commission, was read suggesting a method 'of financing a second deck above the proposed Pacific Western Developers deck. In response to Councilman Mangini's inquiry whether the communi- cation implied endorsement of one of the plans presented to Council, Mr. Refvem stated he had no knowledge of the Blumberg proposal when the letter was written, nor did it necessarily endorse Pacific Western's Plan RECONVENE Following a recess at I0:10 p.m., the Chair reconvened the meeting at 10:25 p.m. HEARING (Cont.) Mayor Amstrup recognized Mr. Geller who countered the comments of Messrs. Thompson, Blumberg and Ingersoll by pointing out that the gentlemen are associates in a commercial building at Park Road and Howard Avenue and that the proposed deck south of Howard Avenue will be fairly clsse to their building, where, aPparently, there are parking problems. Mr. Geller stated his client's proposal has been before city staff for over a year, that the project has been explored with Council at study sessions and with members of the citizens committee-- only Mr. Blumberg has consistently opposed it, Mr. Offield indicated opposl,tion, l4r. Kirkbride has asked for a second deck on prior occasions--aIl other members of the citizens committee supported the project. Mr. Geller stated that the opponents allege the city will not recej.ve rialue for the air rights; he pointed out that his clients intend to build a substantial structure at their expense and to relinquish title to the city upon expiration of the lease; further- more, the appraised value of 551000.00 was for all of the air rights over the parking lot, not the corridor of air which his client proposes to lease. 204 Mr. Geller stated the suggestion that his crients donate$150,000.00 to the District, the money to be considered pre-paid rent for leased spaces, lras not acceptabJ_e for f inancialreasons--prepaid rent would not be considlred a depreciableasset. The hearing was declared closed. Mr. John calweIl, chief Building rnspector, reported thatdimensions of the parking spaces shoin on pacitic western,splans do not conform to code. Fire chief Moorby stated his department discovered somedeficiencies in the exterior of the structure--it is too closeto the rear of buildings on Burlingame Avenue--proper measure-ments were not used in designing that portion of the structure. Mr. Geller pointed out that if council agrees that the plansare generally acceptabre that furl compliance with alr Loderequirernents wilr be mandatory before trre city will issue abuilding permit. Mr. samuel schultz, structural engineer for the project, reviewedthe parking plans, reporting that 62 ground revel s[aces are pro-posed and 50 upper IeveI, three of the latter are indicated forcompact cars. rn response to councirman Johnson, he advisedthat all of the parking under the deck would be at 90o, as wirlparking on the deck. Councj.l heard a report from the Fire Chief that when the UniformBuilding Code was last adopted a provision was included that noparking garage of Type rv construction may be built without ause permit from the Planning Commission. There followed a period of Council comment. Councilmdn Johnson favored approval of the lease but recommendedthat final action be hrithheld for staff to confer with Mr. Gellerand his clients in an attempt to reconcile the problems raisedby the building and fire departments. councilman crosby recommended that council take an action toexpedite the project without further de1ay, commenting that thedevelopers are ah/are they must meet code requirements in orderto obtain a building permit. councilman Mangini indicated he was in favor of the project butpreferred to -postpone action to permit a thorough study andevaluation of Pacific Western's plan against the elumberg proposal. rt was councilman Martin's position that the city would not bereceiving fair market value for the air rights and, after viewingthe p1ans, he was not satisfied that the structure and the parkingwould be as represented by the developers. He elected to postponefinal action. Mayor Amstrup acknowledged the need for additionar parking butdeclared he could not conscientiously make a decision until theissues raised by staff were thoroughly investigated. The City Attorney recommended that Council not take an actionwith respect to the air rights until the plans are made to con-form with building and fire department requirements. Mayor Amstrup thereafter declared a continuance to the meeting ofTuesday, February 22, L972. 205 COMMUNI CAT I ONS 1. LIBRARY DEDICATION A request from the Library Board of Trustees, dated January 2L,L972, for a sum not to exceed $400.00 to defray costs of the Library dedication and open house on Sunday, March 5, 1972, hras approved on a motion by Councilman Crosby, seconded by Mayor Amstrup and unanimously carried. 2. BASEBALL FIELD BIDS In a communication dated February 3, 1972, the City Manager recom- mended that the architects be authorized to proceed with detailed plans and specifications and cost estimates for bayside park restrooms, concessj,on building and bleachers in order that bids can be solicited. Council heard a request from a young man in the audience for addit.ionaL lighting at the multi-purpose fie1d. Councilman Crosby asked that the matter of the lighting be referred to the architects and, in addition, they investigate the possibility of reducing the amount of the slope in the outfield area of the main baII field. In response to an inquiry from lulrs. Beverly Bailey, I\lanager reported that the plans will be prepared to standards that apply to the physically handicapped. the City compJ-y wi th Mayor Amstrup,plans and cost !'rith Council concurrence, directed preparation of estimates as recommended by the city Manager. 3. SAN MATEO COUNTY TRANSIT DEVELOPMENT BOARD A request dated January 13, L972, from Gerald F. Day, Chairman, san Mateo county Transit Development Board, that council authorize the City Manager to Advisory Cornmittee serve as a member of the Boardrs Management was unanimously approved. RESOLUTI ONS RESOLUTION No. I1-72 "State Personnel Board Agreement " uras intro - by@ motion of councilman crosby, seconded Councilman Mangini and unanimously adopted on roll calI. ORDI NANCES 1. oRDINANCE NO. 955 "An Ordinance Arnending Section 3.08.050 Of The Municipal Code And Adjust ing The Compensation For The Clerk In Accordance with Reduced Duties And Respons ibilities " wasgiven its second reading; on motion of Councilman Johnson, seconded by Councilman I'langini, said ordinance passed its second reading and was unanimously adopted on roll ca1l. 2. oRDINANCE NO. 956 "An ordinance Amending Section 3.12.030 Of The MunTCipaf Code And Adjusting The Compensat.ion For The Treasurer In Accordance with The Duties And Respons ibi Ii ties " was given its second reading; on motion of Councilman Mangini, seconded by Councilman Johnson, said ordinance passed its second reading and was unanimously adopted on ro11 caII. UNAINISHED BUSINESS 1. T;MERGENCY SERVICES A moti.on introduced by Councilman Mangi.ni approving the operational budget for L972-73, San Mateo county Civil Defense Program, was seconded by Councilman Crosby and carrj-ed on a majority votei Councj-Iman Martin voted no, citing spiraling operating costs. 206 ACKNOWLE DGMENTS 1. Councilman Johnson acknowledged receipt of a cordial letter from the management of Guittard chocolate Company; she reported that the peopte at Guittard believe they made a "lucky move" in coming to Burlingame and singled out George Mann and polj.ce and fire department personnel for outstanding service and cooperation. 2. A communication from PauI J. Constantino, 1352 Broadway, concerning proposed pedestrian walkway, carolan & Broadway, bordering southern Pacific property (vicinity of Northpark Apart- ment CompLex) was referred to Chief of Police Lollin for investi- gation and report. 3. Communication from Alvin W. Meier Family, l2L6 Balboa Avenue, requesting additional bins at city dump for disposal of glass and tin for recycling purposes, was referred to the City Manager to discuss with Mr. Louis Devincenzi of the San Mateo County scavenger Company . 4. Minutes Health, Safety, Traffic Commission, Januariy 13, BeautiEiEEEion conunission, January 13, L ibrary Board, January 18, Planning Commission, January 24, 1972. 5. Reports rrom the Librarian, dated January 18, 1972; and the City Planner dated January 25, 1972. Minutes and Resolution dated January 12, L972, Board of Control, San Francisco Airport Access Project. Richard A. Bortolin, chairman, Burlingame Beautification Commission, report of January L3, L972, noting recipients of the Commission' s "Beautification Awards. " COUNCIL-COMMISSION DINNER MEETING The City Manager was requested to make arrangements annual dinner meeting to be held this year at Bobrs for the on Broadway. ABANDONED VEHICLE Mayor Amstrup requested the Chief of Police to investigate status of a truck that aPPears to be abandoned on ProPertyvicinity of the Bonzai Nursery on Bayshore Highway.. thein the ADJOURNI\,lENT There being no further business, the meeting was reguIar1y adjourned at 12:I5 a.m. Res ctfully subm r K.White City Clerk APPROVEI) ING S P