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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