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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