HomeMy WebLinkAboutMin - CC - 1972.03.06213
Burlingame, California
March 6, L972
CALL TO ORDER
A regular meeting of the Burlingame City Councilthe above date. The meeting was called to order
Mayor Irving S. Amstrup presiding.
was held onat 8: I0 p.m.,
PLEDGE OF ALLEGIANCE
The City Planner led the assemblage in the Pledge of Allegiance
to the FIag.
ROLL CALL
Councilmen: Present--Amstrup, Crosby, Johnson, Mangini,l"lartin
Absent --None
MI NUTES
The minutes of the meeting of February 22, L972, previously
submitted to Council, were approved and adopted.
PRESENTATION
The Chair acknowledged the presence of and introduced the
following candidates for the office of Councilman:
Mr. ?homas w. Sine, Mr. A.c."Bud" Harrison, Mr. Harry s. Graham,
Mr. J.D."Don" Refvem, and the tvro incumbents, Mr. V.A. (Vic) Man-
gini and Mr. Irving S. Amstrup.
COUNCILMAN MARTIN COMMENTS
Councilman Martin referred to a recent Press release from the
Environmental Protection Agency noting that the City of Bur-
lingame ranked third highest in the State in degree of air
pollution because of heavy lead content, and to a subsequent
statement in the local press wherein one of the candidates for
the BuaI ingame City Council, who appears to be campaigning so1ely
on an anti-apartment platform, adopted the pollutant issue tojustify her position that there should be no expansion of apart-
ment zoned areas in the city.
Councilman Martin stated he $ras interested in the Environmental
Erotection Agency report and learned, upon investigation, that
the figures were developed by the Bay Area Air Pollution Control
District, which maintains a monitoring system in the 1500 block
of Bayshore Highway, adjacent to the Bayshore Freeway where
135,000 cars pass daily within 150 feet of the monitoring station,
or probably nine times as many cars as are registered in the
City of Burlingame--the facts would appear to negate charges
that the number of apartment buildings or traffic generated
therefrom is responsible for the city's high level of pollution.
Councilman Martin referred to the apartment complex presently
under construction in the city at Carolan Avenue and Rollins
Road, representing probably the highest density in any city on
the north peninsula in many years, to his position in oppositionto the project because of excessive density, and asked where
the candidate rras during the many months that the matter was
before the City Council. He mentioned additionally that the
candidate takes issue with residential densities proposed in
the general plan and, to his recollection, she did not appear
during the public hearings, nor was she present at the meeting
$rhen the Council adopted the p1an.
21,1
Mayor Amstrup proclaimed the week of March 13, 1972, LE!/Y
BROS., WEEK; the week of March 19, 1972,NATIONAL PARK WEEK ,
and, by resolution,"Commended Three ServiEe Clubi of
Burlingame (Kiwanis, Lions and Rotary) For Joint Efforts
Toward Community Betterment. "
COMMISSION APPOINTMENTS
Mayor Amstrup announced the appointment ofJr., ).4L2 castillo Avenue, to a three-year
and Recreati,on Comrnission; and
Councilman Mangini as the ciiy's officialthe San Mateo county Juvenile Justice and
Commissi.on.
Char les
term on
J. Brickley,
the Park
representative to
Crime Prevention
COMMUNI CAT I ONS
1. PACIFIC WESTERN CONTRACTORS, INC., PARKING DECK
A letter dated March 2, 1972, from Harry J. Riskas, President,Pacific Western Contractors, Inc., Millbrae, requested Council'sreconsideration to the proposal to lease air space overParking tot C for construction of a parking structure for thepurposes of the office building on the adjacent property atthe corner of Primrose Road and Donnelly Avenue.
The communication stated that the structure will
accordance with the terms of the lease agreementprepared and submitted to the City Council.
be builtthat has
in
been
The City Attorney, responding to the Chair's query concerningdisposition of the request, noted that the public hearing
was declared closed at the meeting of February 7. that at the
meeting of February 22 Council directed that a resofution beprepared declaring the air rights not surplus to the needsof the Parking District and that tE6-resolution is nowavailable for consideration.
Mr. Harry Riskas, President, Pacific llestern Contractors,
made his presence known. In response to an inquiry raised by
CounciLman Johnson, Mr. Riskas explained that in his letter
dated February 9, 1972, to the CounciL, he attempted to
clarify the company's position that it chose not to pursue
the matter of the air rights lease until there was some indi-
cation from the Council that it was amenable to the type of
parking structure proposed by Pacific Weslern.
Mr. Riskas stated that following the last Council meeting,
where an action was taken which would have the effect of
ending any further negotiation on the lease, he received
inquirles from local merchants and citizens as to the basis
for the Council's actj.on. He stated there appeared to be
sufficient interest among local people to justify the current
request for recons ideration; additionally, the company is
motivated by an earnest desire to provide a structure that
will be mutually beneficial to itself and to the city.
I4r. Riskas stated that if the Council elects to deny the
request Pacific Western will make no further attempt to
reopen the subj ect.
Mr. Donald stanaway, 1ocal merchant and property owner,
stated that the privately financed project should be
approved, thereby offering relief to property owners who
have paid more than their fair share of parking assessments.
Mr. James Delehanty, President, Chamber of Commerce, reported
that Mr. Frank Ingersoll was selected to chair a corunittee
PROCLAMATI ONS
215
to study ways and means for the city to undertake expansion
of existing parking facilities.
Upon recognition by the Chair, Mr. Ingersoll expressed a
personal opinion that the Pacific Western proposal was not
fair to the city nor the property owners. He stated that
as chairman of the Chamber of Commerce study committee he
invited the following persons to participate:
John B. Cockcroft, JE.1 Douglas Beetlestone, AIdo Simonetti,
David Wisnom, Theodore Blumbetg, Eric l"lausser, Gene Malott,
Richard Gates, Archie L. Offield, Jess S. Jackson.
Mr. Ingersoll explained that he has done some investigatingfor the purpose of becoming better acguainted with the
subject mat,ter butr ds yet, has not encountered a situation
similar to Burlingame's where lease of air rights was involved.
He reported that in the City of San Mateo two high-rise com-
mercial buildings are under consideration; the city is
requesting the developer to build the parking structure to the
city's specifications and, on completion, to sell the land and
the structure to the city which, in turn, will issue revenue
bonds as a method of financing, the revenue to be in the form
of leases with the developer providing for a monthly fee of
$I7.00 to $18.00 per parking stall. Ivlr. Ingersoll suggested
that the fees being discussed in San Mateo may be the basis
whereby Burlingame could attempt to determine the approxi-
mate dollar value of parking to a developer.
Mr. Ingersoll commented that high-rise commercial buildings
are a new concept in this city, presenting problems that
would appear to suggest retention of professional assistance
in working out a functional, economically sound program forproviding the expanded parking that is essential in the down-
town commercial district.
Councilman Johnson complimented Mr. Ingersoll and membersof his committee for their interest and willingness to assistthe Council, explained that the Pacific Western project has
had and continues to have her support, that she does not
agree with those who consider it unfair to the city andbelieves that it would have been for the benefit of all of
the city had it been carried to completion. In response toher question, the City Attorney confirmed that the resolutiondeclaring the air rights not surplus to the needs of the
Parking District is in form to be introduced.
Councilman Johnson thereupon asked for an explanation of
how the Council came to the conclusion that the air space
was not surplus, coilrmenting that Council was aware from the
beginning that that was the main factor involved and, to her
knowledge, Council as a group never discussed the subjectuntil confronted with the resolution at the last meeting.
Councilman Johnson suggested that Council discuss the matter
and decide why the air space is not surplus.
Mr. Riskas, responding to Councilman Martin, explained thatthe second letter to Council (dated March 2, L972) wasintended to confirm that the company agrees to construct asingle deck of some 50 odd spaces, engineered to support a
second deck if the city decides to build it, and subject toall of the same conditions as to use and rental recited inthe lease.
Councilman Martin, referring to rental figures quoted byMr, Ingersoll, stated that the dollar value of the parkingto Mr. Riskas, based on the structure he proposes, would beapproximately $11,880.00 a year or $356,400.00 over a periodof 30 years; Ivlr. Riskas is offering the city $160,000.00,approximately $200,000.00 less than suggested fair marketvaIue. Councilman Martin stated that, from an economic
2L6
viewpoint alone it would appear to be to the city's advan-tage not to release the air rights. He recommended thatthe resolution be adopted without further delay and thatthe Council lend its support to the Chamber of Commerceparking study as a method of expediting additional parkingfacilities.
RECONVENE
Following a recess at 8:50 p.m., the Chair reconvened the
meeting at 9:05 p.m.
COMMUNICATIONS (cont.)
2. REQUEST TOR APPEAL HEARING CABLE CAR WASH
A letter dated February 29, L972, from Cyrus J. McMillan
requesting an appeal hearing before the City Council in
behalf of Cable Car Wash Company, which was denied a special
use permit by the Planning Commission, was acknowledged and
the hearing scheduled for the meeting of March 20, L972.
Councilman Johnson explained that she was not attemptingto underestimate the value of counter-proposals butrather to emphasize that Mr. Riskas was making a firm offerto provide a parking structure that is needed now.
Councilman Johnson stated she found it discouraging that amatter that has been before the Council.for over a year
should be shut off so abruptly.
Councilman Crosby, commenting that there appeared to be
some quest,ion as to his position on the project, explainedthat originally he favored it for the reason that it couldbe the answer to the parking situation. He stated that he
has given considerable thought to the matter since thelast meeting and is of the opinion that the proper approachis for the city to proceed with double-decking. He expressed
hope that the citizens committee would expedite its studies
and be prepared in the near future to submit a recommendation,
inasmuch as traffic Aenerated by the new building undoubtedlywill compound existing problems. For Mr. Stanawayrs benefit,
Councilman Crosby explained that alternative methods offinancing will be explored in an attempt to eliminate further
assessments on the property owners.
Mayor Amstrup stated that when the project was first presented
he considered it an excellent idea but as the details were
developed t,here appeared to be numerous problem areas and,
fof that reason, he would prefer that the city build the decks
and attempt to arrange financing by other than assessmentsagainst the property o$rners.
Mayor Amstrup pointed out that in all fairness it must be
recognized that the Pacific Western plan has become the nucleus
for a new approach by the city to the parking situation.
Mayor Amstrup thereafter requested Council's pleasure with
respect to the resolution.
RESOLUTION NO. I3-72 "A Resolution Of Determination Not To
ifications, Burlingame Avenue Off Street
Parking District" was introduced by Councilman Crosby, who
moved its adoption, seconded by Councilman Mangini and
declared carried on the following roll call:
AYES: COUNCILMEN: Amstrup, Crosby, Mangini, Martin
NOES: COUNCILMEN: Johnson
ABSENT COUNCfLMEN: None
217
A letter dated Februaty 29, L972, was acknowledged from
tes Alexandet, 2057 Eaton Avenue, San Carlos, appealing ttt"
decision of the Planning Commission in denying an application
for variance for construction of a six-unit aPartment building
at 1131 Capuchino Avenue, and requesting that the matter be
referred to the Planning Commission for reevaluation, because
of modifications in the plans subsequent to the Commission's
hearing. With Council concurrence, l'layor Amstrup directed
that the rnatter b6 returned to the Planning Commission as
requested.
3. VARIANCE APPLICATION RETURNED TO PLANNING COMMISSION
at Bayslrater Avenue, 3. California
was introduced by Councilman Johns
seconded by Councilnan Martin and
calI.
4. ACCEPTANCE STORM DRAINAGE FACILITIES
In a letter dated March L, L972, the Director of Public Works
reported that C.W. Roen Construction Company has satisfactorily
coirpLeted Storm Drain ImProvements, Job No. 7I-12 in accordance
with the contract. The Director of Public works requested
formal acceptance of the project. In an addendum to the letter
under date of tqarch 2, 1972, the City Manager recommended
acceptance.
RESOLUTION NO. I4-72 "Accepting Construction Storm Drainage
And Improvements, I. Par k Departme nt Yard, 2. California Drive
Drive at Peninsula Avenue "on, who moved its adoption,
unanimously carried on ro11
5. TOPICS PROJECT
In a colununication dated uarch l, L972, the Director of Pub1ic
Works submitted original and three copies of Program Supple-
ment No. 2 referring to ToPICS Project for installation of
traffic signals at the intersection of California Drive and
Baysr.rater Avenue and recomrnended execution of the necessary
agreement by resolution. In an addendum to the letter under
date of March 2, 1972, lhe City Manager concurred in the
recommendation.
RESOLUTION No. 15-72 "Authorizing Execution Of Supplement
@ment Between The city of Burlingame And
The State of California, Acting By And Through The Division
of Highrrays Of The Department Of Public Works" was introduced
by Councilman Mangini who moved its adoption, seconded by
Councilman Crosby and unanimously carried on ro11 call.
In response to Councilman Crosby, the City Engineer reported
there \rere numerous problems in the storm drain project at
California Drive and Peninsula Avenue which caused the work
to be delayed.
Responding to Councilman Martin, the City Engineer stated
that if a private contractor rather than force account had
been employed in the signal installation at Hillside Drive
and Cabrillo Avenue, the vrork would have been expedited but
the cost considerably higher.
6. CARNIVAL AT BURLINGAME PLAZA
A letter dated February 18, L972, from the Burlingame Trous-
dale Plaza Merchants Association, signed by Marilyn David,
secretary, requested permission to sponsor a carnival in the
parking lot directly in front of Key Markets, April 26
through ApriI 30, L972. Accompanying the communication was
a copy of the contract executed by the merchants association
and west coast Shovrs, Inc., and a report dated March 3, L972,
from Fire Inspector Howard Pearson recommending a series of
conditions to be met by the operators if the permit is approved.
218
Mr. William J. Overly, agent for West Coast Shows, waspresent and, in response to Councilman It{artin, confirmedthat the City of Burlingame will be ful1y covered by theliability insurance.
A motion introduced by Councilman Martin, seconded by
Councilman Crosby and unanimously carried, approved the
request of Burlingame Trousdale Plaza Merchants Associationto sponsor a carnival, in accordance with their letter of
February 18, L972, subject to compliance with the Fire
Inspectorrs report (March 3, L972) and to modificationsin the insurance policy agreed to by l,lr. Overly, wherebya "ho1d harmless" clause for the benefit of the City of
Burlingame will be included and the city named as an
insured.
7. LIS PENDENS, BALBOA AVENUE
Acknowledgment was made of a communication dated February22, L972, from the City Planner reporting an illegal useof first-residential property at 1519 Balboa Avenue. The
communication stated that an accessory structure at the
rear of the property contains kitchen facilities and is
being used as a separate rental unit in violation of the
zoning code. The communication requested Council's
consideration to authorizing a lis pendens action. In an
addendum to the communication dated March 2, L972, the
City Manager recommended that the action be initiated.
Following comments from the City Planner and City Attorney,
a motion was introduced by Councilman Martin, seconded by
Councilman Crosby and unanimously carried, authorizing the
City Attorney to commence an action against the subjectproperty to enjoin multiple living units on a single-family
Iot.
8. EMPLOYEES NEGOTIATING COMMITTEE
Acknowledgment was made of a communication dated Pebruary
28, L972, from the Burlingame Civil Service Employees'
Association reporting that Harry Bragg, Richard McKinnon and
Homer McCool have been authorized to represent the Association
in labor negotiations.
RESOLUTION
1. AGREEMENT FOR CONSTRUCTION OF VELVET TURTLE RESTAURANT
The City Attorney, resPonding to Councilman Crosby, explained
that t,he resolution and agreement before Council relate to
t,he Velvet Turtle Restaurant, which was the subject of prior
discussions between the Council and developers of the North-
park Apartment complex; additionally, a part of the contract
Letween the city and the developers excluded a portion of
the property to be used for a first-class restaurant, such
as the Vetvet rurtle. The City Attorney explained that
t,he proposed agreement will allow Saga Enterprises to pro-
ceed with construction and operation of a Velvet Turtle
Restaurant and is an implementation of the agreement which
the city entered into with Wheatley-Oliver, Inc., et aI.
The City Planner reported that the plans for the building
were reviewed and found to be in order.
Councilman Martin noted that the proposed agreement indicates
that title to the restaurant site will be transferred to
Saga Enterprises, which will have the effect of depriving
the Council of architectural control of the site. He stated
that the existing contract gives to Council complete archi-
tectural control throughout the apartment complex.
i
21e
The City Attorney agreed that it is possible, and perhaps
would be appropriate, to modify the contract to provide for
construction in accordance with the plans.
In additional comment, Councilman Martin stated that theexisting agreement provides that the restaurant site shalI
be restricted to a "first-c1ass" restaurant. He asked what
criteria will be used to evaluate a successor tenant should
the Velvet Turtle not be successful and vacate the building.
Mr. Emeron Hanson, project architect, stated there would be
no objection to a provision in the agreement that construc-
tion conform to plans filed with the city. He also explained
that there are other velvet Turtle restaurants operating and
they are all doing we1I, that it is the developerrs intent
to abide by the terms of the agreement, that the building was
designed as a first-class facility and that the velvet Turtle
appears to meet accepted standards.
The City Attorney stated that the agreement will be modified
and, hopefully, approved by Saga Enterprises and returned
for Council's consideration at the meeting of March 20, 1972.
ORDI NANCES
. ORDINANCE NO. 958 "An Ordinance Adding Sub-Section (R)
o seEElon l[3.3G.010 of The Municipal code Prohibiting
arking On The South, East And west Sides Of Airport Boulevard"
was introduced for first reading by Councilman Johnson.
NEW BUSINESS
PARKING COMMITTEE
Mayor Amstrup announced the appointment of Mr. Frank Ingersoll
as chairman of a citizens committee to study and advise the
City Council on expansion of existing off-street parking
facilities. Councilman Martin, Council Iiaison to the
Chamber of conmerce Parking committee, was requested to inform
Mr. Ingersoll that Council may have some suggestions as to
conunittee members and would appreciate having the membership
held open for the time bei.ng.
UNFINISHED BUSINESS
1. MAINTENANCE OF GARDEN, SOUTHERN PACIPIC PROPERTY
A communication from the City Manager dated March 3, 1972,
reported that he learned from Mr. Baldwin of the Southern
Pacific Company ReaI Estate Department, that the old station-
master's house at the Burlingame depot is leased to
Mrs. Frances Fena, who is obligated to maintain the garden
area under the terms of the lease. The communication reported
further that Mrs. Fena advises that she, in turn, rented toa young man who is being evicted because he neglected theyard work and her son wilL take over and do the necessary
cleaning up.
It was the City Manager's recommendation that the city follow
through to determine whether the area is being maintained
and, j.f not, then another course of action can be taken.
2
T
P
Council qu6st.ioned whether
and referred the matter totion and report.
the residential use is legalthe City Manager for investiga-
t. ORDINANCE NO. 957 "An Ordinance Adding Sub-Section 13
ro sect:lon ]ff--JGlT2I--of rhe Municipal Code Prohibiting
Parking on The Northerly Side Of Airport Boulevard" was
introduced for first reading by Councilman Crosby.
220
ACKNOWLE DGMENTS
1. City Manager memo of March 2, 1972, reported that the
City Engineer believes the city's Present ordinance
controlling toxic wastes is adequate.
2. City Manager memo of March 2, L972, submitting report
from city Planner on parking needs and methods of
attainment .
3. city of Norwalk resolution requesting state Legislature
to reviEw the manner in which sales tax revenues are dis-
tributed.
4. Commendation from Police Chief CarlM. Lol1in to
Officer Eric Easeleu for "courageous apprehension of two
extremely dangerous felons" on the occasion of a recent
incident at Peninsula Hospital.
Councilman Johnson requested that an appropriate letter
be directed to officer llaseleu, on Council's behalf,
acknowledging his performance, the letter to be made a
part of hj.s personnel record.
5. Minutes: Health, Safety and Traffic Commission,
Eebruary 10, citizens conunittee For Arts,/cultural center,
february 15, Library Board, February 15, Parking Commission,
February 16, and Planning Commission, February 28, 1972.
Staff Reports: Librarian, February l5 and City Planner
resume of PJ.anning Commission actions, meeting of February 28'
APPROVAL OF S KYLINE TERRACE APARTMENTS SIGN WITHHELD
Mayor Amstrup and councilman Martin referred to an item
in the Planner's report concerning approval of a special
permit for a sign to i.dentify Skyline Terrace Apartments.
A motion i.ntroduced by Councilrnan Martin, seconded by
Councilman Johnson, and unanimously carried, suspended
Planning Commission's action, pending a hearing before
Council at its regular meeting on March 20, 1972.
the
WASTEWATER MANAGEMENT PROGRAM
The meeting uras regularly adjourned at 9:55 p
reconvene in Executive Session on Wednesday,
at 7:30 p.m., to discuss personnel matters at
Treatment Plant.
.m., to
March 8, !972,
the Wastewater
Respectfully submitted,
Herbert K.
City Clerk
I
Appr ved :
te
Councilman Martin referred to a memorandum dated February 25,
L972, from John H. Jenks concerning "Northeast San Mateo
couniy Subregional wastewater Management Program", -commentinglthat itr. Jen[.s apparently believes that the City of Burlingame
is in agreement lhat a deep water outfall is essential to a
proper sehtage disposal plant. He stated that he is aware
iha-t eventuiffy tlte city witl be forced to comply but, in
the meantime, Mr. Jenks should be made aware that the city
does not support the water Quality control Board's position.
The City nngineer was requested to so inform Mr. Jenks by
letter, a copy to be furnished Council.
ADJOURNMENT