HomeMy WebLinkAboutMin - CC - 1972.02.22207
Bur l in ame california
February 22, 1972
CALL TO ORDER
The City Planner led the assemblage in the Pledge of Allegiance
to the Flag .
ROLL CALL
Counci Imen : Pre sent--Amstrup , Crosby , Johnson ,Mangini ,Martin
Absent --None
MINUTES
The minutes of the meeting of February 7, 1972, previously
submitted to Council vrere approved and adopted following acorrection in the text of "Burlingame Avenue off-street
Parking Districts" hearing. City Attorney comnents regarding
determination of surplus air lot--"or some but not all"deleted; sentence rephrased to read "He pointed out also that
Council might declare a1I or some air lots excess to theDistrict. "
BIDS (continued from meeting of Februaty 7, 19721
WATER SYSTEM IMPROVEMENTS
Under date of February L7, 1972, the City Manager submittedthe recheck on the quantities of various items bet\"reenFairley Constructors and west VaIley Construction on theirbids for the water system improvements, prepared by theDirector of Public works at Council's request.
The communications reported that the recheck confirmsFairley Constructors as the lowest responsible bidder.
RESOLUTION NO. 12-72 "Awarding Contract For Water System
Improvements, Job No. 72-3" (Fairley Constructors-$229,975.00)
was introduced by Councilman Johnson, who moved its adoption,
seconded by Councilman Crosby and unanj.mously carried on ro11
ca11.
HEARING (continued from meeting of February 7, L972)
LEASE OF PARKING
PACIFIC I{ESTERN
LOT AIR SPACE
CoNTRACTORS, rNC.
I{ayor Amstrup acknowledged a conununication dated February 9,1972,
from Harry J. Riskas, President, Pacific western Contractors,
Inc., concerning "Crocker Financial Center Parking Deck" and
stating in part "Because of our construction schedule and rental
progr.rm, it will not be feasible for us to proceed with this
project at any dates later than the present. Accordingly, and
with regret, you are hereby advised that it is our intention not
to pursue the matter further."
Mayor Anstrup also referred to
from the City Manager and from
( DENI ED )
communications dated February 18 ')-972,the City Engineer, and comments
PLEDGE OF ALLEGIANCE
A regular meeting of the Burlingame city council was held on
the above date. The meeting was called to order at 8:05 p.m.,
Mayor Irving S. Amstrup presiding.
208
from Building and Engineering Departments, all relating to the
proposed parking deck.
Commenting that apparently staff met hrith representatives of
the developers after the latter had indicated in correspondencethat they did not inLend to pursue the project, Mayor Amstrup
asked the City Attorney for his interpretation of the letter and
guidance as to procedure .
the City Attorney revieured proceedings at the meeting of
February 7, wherein Council conducted a hearing according to
parking district procedures to determine hrhether a certain(air) lot should be declared excess to the needs of the Parking
District and made available for rental purposes for the term of
t.he proposed lease. He noted that, after the hearing was con-
c.luded, the matter was discussed by Councit but no conclusion
reached. Subsequently, the communication arrived rrhereby
Council was formally notified that the persons who introduced
the concept of the lease were no longer interested. It was
the City Attorney's opinion, if this is the situation, that
there would be no purpose j.n declaring air sPace surplus at
this time and that Council should take no action.
Mayor Anstrup recognized Mr. Joseph Gel1er, attorney repre-
senting Pacific Western Contractors, Inc. trlr. Geller stated
that, when deliverj.ng the letter to the City Manager, he
explained that its purpose was to place his client on record as
opposing any of the various alternate methods of constructi.ng
and financing a parking deck that were suggested by other per-
sons at the last Council meeting, that his client desires to
pursue his proposal with staff, as requested by the City Council,
in an efforl to resolve issues raised by the Building and Fire
Departments, and that the meetings were held as the result of a
telephone call to his client from the City Engineer.
There followed a lengthy Period of discussion with resPect to
procedure. In response to a question raised by councilman
Johnson, the City Attorney advised there would appear to be no
legal obstacles to Council continuing the discussion that was
halted at the last meeting h,hen staff reported problems in the
p1ans. The City Attorney reminded Council that (I) The public
hearing was concluded at the last meeting and may not be
reopened; (2) If the proposal j-s to construct a Type Iv struc-
ture, there must be approval of a use permit by the Planning
Commission before a building Permit can be issued; (3) Council
should request I\,1r. GeIler to interPret his client's letter--
does he or does he not wish to enter into the lease agreement.
Mr. Geller informed Council that his client is hopeful that the
council will approve release of the air space without further
delay, subject to implementation of all of the changes and
modiiications in the plans, as resolved with staff. With
respect to the matter of TyPe Iv construction, Mr. Geller
reported that either the use permit Procedure will be employed,
as-required by the building code, or some other solution found
tso satisfy code requirements.
Mr. Geller asked that Council hear a report from the City
Engineer on the issues that were discussed with staff.
The City Engineer referred to his letter dated Febru ary L8,1972,
addressed to the City Manager concerning "Parking Structure,
oonnelly Avenue," written subsequent to staff's meeting with
representatives of Pacific Western Contractors, Inc., and to
an accompanying report from Engineering and Building DePartments'
The City EnAinaer ieviewed the material in detail, advising that
the items that are checked were resolved without difficulty;
items marked with a question mark under Section A3--grade of ramp
and width of ramp lanes--in these areas the developers agreed to
redesign to more nearly compJ.y with the city's ideas; additionally,
2U9
the developers $riIl assume responsibility
damage may occur to railings by reason of
into the parking staIIs (A5-*I).
of maintenance where
vehicles backing
The City Engineer stated it was his recollection that atFriday's meeting, the developers decided to change to Type II
construction, thereby eliminating the need for a use permit,
however, Mr. GeLler's comments tonight would indicate other-
r.rise and apparently the matter remains unresolved.
The City Engineer also cotnmented on recommendati.ons from the
Parking Commission in its letter to the City Council under
date of February L5, L972,
Mayor Amstrup and Councilman Mangini reported they attended
the special meeting of the Parking Commission on wednesday,
February 16, 1972, as observers, Iistened but did not partici-
pate in the discussion but spoke rrith Mr. Ge11er, who was
present, concerning the letter his client had written to the
CounciI.
Mayor Amstrup recognized Mr. Victor Subbotin, member of the
Parking Commission, who explained that the Commission's study
and report was undertaken for the purpose of attemPting to
furnish the Council with ideas and suggestions that might Provehelpful in reaching a decision on the specific Project.
Mayor Amstrup recognized Mr. Robert Thompson, Past President,
Burlingame Chamber of Commerce, rdho pointed out that everyone
concerned with the situation agrees there is a desperate need
for improved parking. He stated that the Project proposed
by the applj.cants appears to be burdened with Problems, the
primary one being an attempt to "squeeze a public project
into a pri.vate enterprise." He urged Councilrs consideration
to starting afresh \"rith the idea of the city undertaking the
construction of parking decks--a public project under public
control--and that it $rould not appear unreasonable to assume
that arrangements could be made with private parties to lease
parking from the city for an adequate consideration.
councilman Johnson, who supported the project from the
beginning, stated it is pathetic that after a year's work there
seems to have been nothing accomplished. Referring to charges
made by opponents of the project that the city will lose control
of its parking, Councilman Johnson pointed out that the city
will have the right to reguest release of spaces to public use
if, in its judgment, the lessee fails to utilize the facilities
to a reasonable extent. CounciLman Johnson commented on advan-
tages to be derived from the additional parking that will be
provided in the business area and questioned that the city will
be penalized in any nanner by reason of the development. She
agreed there is value in other proposals that have been made
to cure the parking deficiency but pointed out that Pacific
western was the first to come forth with a firm offer and must
be commended for attempting to spearhead badly needed improve-
ments. In conclusion, Councilman Johnson stated her position
that the city would gain naterially fron having the project
completed.
Mayor Amstrup acknowledged the time and effort expended by the
developers, agreed the parking situation is critical in the
downto$rn area and stated he was receptive to exploring methods
erhereby the city $rou1d undertake expansion of existing facilities.
IIe expressed concern that approval of the project would establish
a precedent, thereby encouraging other similar proposals. He
stated that if the city did all of the planning and let the con-tracts there would be the aesthetic advantage of uniformity of
design, something that would be difficult to accomplish inprivate developments. He suqqested, if the citv did deck the1ot adjacent t6 Pacific westdfn's btiilding, tha€ perhaps some
arrangement could be made for rental spaces to accommodate their
needs--the resuJ,tant levenue would hetp to offset construction
costs.
210
Councilman crosby suggested that the most important considera-
tion should be ways and means of providing additional parking,
that Pacific western's project offers one solution and could be
the incentive for the city to explore the feasibility of decking
other lots. He maintained that because of the terms of the
lease the city vrill exercise a major role in determining the use
of the structure--the lease appeirs to provide for every contin-
gency, including removal of the tenants from the deck they pro-
pose to build to a higher deck, should the city decide to under-
take such construction. He stated, if the project fails to
receive the necessary approval , the city must be prepared to
act trithout delay to furnish substitute parking in the area.
Councilman Martin stated that the city should have absolute
authority r"rith respect to the lots within the Parking District,
that the lease proposed by pacific Western will commit the cityto private parking for a period of 30 years and, in that resPect,
the city is relinquishing control . He stated that other methods
can be explored to meet individual needs, perhaps short-term
leases r,rhereby uses and costs would be adjusted to compensatefor particular needs at particular times. Ile recornmended
consideration to reopening of the Parking District hearings for
the purpose of limiting the size of structures that can be
erected wlthout parking and also serious study should be given
to i.mplementation of decking within the District.
CounciJ,man Mangini coflrmented that the consensus appears to be
the need for immediate action. He stated that apparently there
are no legal entanglements to prohibit the Pacific Westernproject but, if it is Council's decision to disapprove, then
presumably other proposals will be explored to supply the
added parking that everyone seems to agree i.s essential to the
business area.
Mr. James Delehanty, chamber of Commerce President, gave a
bri.ef resume of the discussion aE the recent Board of Directors
meeting, wherein there appears to be a feeling .rmon$ the mem-
bers that a poor precedent would be set by relinquishment of
air rights to private use; they acknowledged there was merit
in the efforts of Pacific Western to supplement its parking
and were hopeful that a cornprornise could be reached that would
be mutually acceptable to the city and to the developers.
A motion introduced by Councilman Martin directing counsel for
the Parklng District to prepare a resolution declaring theair rights (Parking Lot C) not surplus to the needs of the
Parking District at this tinre was seconded by Councilman Manqini
and declared carried on the following roll call:
AYES r COUNCILMEN: tuns trup-Crosby-l4ang ini-Mar tin
NOES: COUNCILIUEN: Johnson
ABSENT COUNCILMEN: NONE
with Council concurrence, Mayor Amstrup requested the city
Attorney to meet with Mr. Kenneth Jones, attorney for the
Parking District, to explore the matter of parking requirementsfor new buildings over a certain height rtithin the boundaries
of the Parking District.
Councilman Martin suggested that the Chamber of Commerce
reactivate its parking committee, stating that as Councilliaison he would be pleased to work vrith the group.
RECONVENE
aollowing a recess at 9:40 p.m., the Chair reconvened the
meeting at I0:00 p.m.
2tt
COMMUNICAT IONS
1. SOUTHERN PACIFIC RIGHT-OF-WAY
2. PARKING COMMISSION--BURLINGAME AVENUE AREA PARKING
RESOLUTIONS (None)
ORDINANCES (None)
NEW BUSINESS
1. MARIE D. BONFILIO, M.D
councilman Johnson referred to the untiring efforts of
Dr. Bonfilio, a resident of this city, in behalf of the troops
overseas and asked that a resolutj,on be prepared conunending
her and expressing the appreciation of the community.
2. VELVET TURTLE RESTAURANT
In response to an inquiry from councilman Crosby,
Planner reported the plans were delivered to city
Thursday after the agenda for the present meeting
ACKNOWLEDGMENTS
1. Mayor Amstrup acknowledged the presence of
candidates for the offlce of Councilman: Mr.
and Mr. Thomas w. Sine.
the CityHaIl last
was closed.
tlro of
Harry S
the
Graham
2. communications: Burlinqame Police Association expressionof appreciation for new emergency equipment in patrol cars.
Department of Housing and Urban Development roster of
locaL representatives.
Repo{ts: Monthly monitoring report for wastewater Treatment
P1ant from Director of Publ ic Works to Regional Water Qualitycontrol Board.Activity reports, January, 1972' from Police and Fire
Departments.
Minutes: Beautification Commission,February 3,
8, Planning Comrnission,Park and
February
hEcreation Commission, February
14, L9?2.
Acknowledgment r'ras made of a letter dated February 14, 1972,
from Thomas F. Stack, 1905 Parkside Avenue, Hillsborough,
complimenting the City Council on its recent award of contractfor beautification of Burlingame Avenue and asking that someeffort be made by the city to encourage the Southern Pacific
compaly- to improve the appearance d the Burlinqame Avenue
depot/fEmove the trash and litter that borders every section
of th'e right-of-way throughout the entire city limits.
In response to Councilman Martin's comment that the matter
of the city taking over landscaping and maintenance of the
right-of-way was discussed with Southern Pacific ComPany,
the City Manager advised that the Park Superintendent is
preparing a report which should be available for councj.l at
i.ts next study meeting.
A letter dated February 15, 1972, from the Parking Commission
concerning "Parking Facilities for Burlingame Central Business
District" vras acknowledged and discussed during the course of
the hearing earlier in the meeting.
212
REPORTS
Councilman Johnson reported that the Board of Directors
the Chamber of Commerce, at its last meeting, commended
Clty Council for its continuing support and cooperation.
of
the
In response to Councilman Crosby, Mr. Douglas Beetlestone of
Levy Bros., reported that the Burlingame Avenue improvement
project is scheduled to commence on March l.
APPROVALS
on a motion introduced by Councilman Mangini, seconded by
Councilman Crosby and unanimously carried, hrarrants drahtn
in the month of February, 1972, duly audited, Nos. 9653-
9895, inclusive, in the amount of $I98,OOF,"..79 were approved
for payment. " @
Payroll checks for the month of January, 1972, Nos. 3158
through 3737, in the amount of $209,735.63, were approved on
motion of Councilman Mangini, seconded by Councilman Johnson
and unanimously carried.
STUDY MEETING
wednes-day, March 8, i972next Council study-meeting.
ANNUAL DINNER MEETING
Lras selected as the date of the
The Counci l-Commis sions-Aux i l iaries will gather with their
spouses on wednesday, Iqarch 22, L972 at Bobrs On Broadwayi
additionally, employees who have attained 25 years of
service this year with the city will be recognized.
ABAG MEETING
councilman Martin reported there will be a meeting in the
Burlingame City HaIl Council Chambers on Wednesday,
February 23, L972, for al1 citizens interested in participating
in a Sa'n Mateo County ABAG Citizens Group.
PROCTAMAT I ON
Mayor Amstrup
"American Red
proclaimed the month of March, 1972,
Cross Month. "
ADJOU RNMENT
The meeting was regularly adjourned at 10:15 p.m., to be
followed immediately by an Executive Session having to do with
pelqgn4E! mttters at the qaq!-e!r-e!er Tre€rErBerlt Plant.
Respectfully submitted,
Herbert K- Wh
City Clerk
PROVED :
ite
rving S strup,Mayo