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HomeMy WebLinkAboutMin - CC - 1971.07.19Burlingame, CaliforniaJuly L9, L97I CAIL TO ORDER 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. PT.EDGE OF AtIgGrAtiICE - At the Chair's invitation the City Planner led the assemblage in the Pledge of AlJ,egiance to the Flag. t- ROLT CALL Present - CounciLmen:Absent - Councilmen: BIDDER Sorensen and Marsh * Stevenson Pacificrkw. A. MoroneyA. and J. Shooter James Marsh Peterson and Rathbon &ns trup-Crosby-Johnson-Mangini -l,lartin None 91 AIJTERNATE 'A' ADDITIONAI, SEATING $13, 0oo .00 8, 330 .00 19,500.00 L2, 8OO .00 8,600.00 L7,000.00 }IINUTES fhe minutes of the meeting of July 6, L97L, previously subrnitted to Council, \4rere approved and adopted. BIDS BAYSIDE PARK - PHASE IA Bids for construction of bleachers and related facilities at Bayside Park hrere received and opened on July 14, L97L, at 2:00 p.m. in compliance with public notice, and declared as follows: TOtrAL ,BA SE BID $121, 493.40 133, 401.00 142, 000 .00 L48,294.7 5 158, 000 .00 158,142.80 *Non-conforming bid. Architect's Estimate 95r 17O.OO 12, OO0 . OO Mayor Amstrup recognized Mr. Kazuo Abey, member of the firm retained by Council as architect for the project, inviting his comments on the excess over estimate. I{r. Abey stated that obviously an error was made in their comPutations. Responding to Councilman Martin's query concerning measures to be takento reduce costs so as to meet the estimate, Mr. Abey recalled thatinitially a low bid of $396,000.00 was received for the total project, which bid was subsequently rejected. He pointed out that the present low bid of $121,493.40 for the structures, combined with the }ow bidof $192,889.00 for site improvements refLected a total project cost of $314,382.40, or approximately $SIrOOO.OO less than the pre-bid estimate. !4r. Abey stated that it was his and his associatest reeommendationthat the contract for Phase IA be awarded to the low bidder, Sorensen and Marsh for 912Lr493.44, not including the alternate. Councilman uartin protested that the city has been penalized bythe architect,s' inexperience in preparing competent cost estimatesfor the structureE. He referred to the terms of the contract whereby the architects are required to revise the specificat,ionsto reduce costs where a low bid exceeds bid estimate by 10% at nocost to the city. He stated that the first bids vrere rejected dueto exeessive costs on the bLeachers but the architects reeeived theirfee, that they were compensated for redesigning the bleachers and nowpropose that the city accept a bid that Ls 27 Eo 2W" over the estimate. Mr. Abey stated that all of the planning and design has been geared to &velopment of an outstanding project that wiLl fill a need in 92 the community. costs but, that, He agreed that the plans could be revised to lowerin his opinion, there would be a proportionate Iessening of quality. Mr. Abey, responding to Couneilman Crosby, stated there would be no additional fee for the work of revising. Mayor Amstrup stated he was aware that the bal.L fields were a necessary addition to the city's recreational facilities but,, from the onset, has felt that the architectural design for the bleachers and other structures was much too elaborate. He statedthat the $95,000.00 estimat,e would appear to be more than adequateto provide suitable facilities. Mayor Amstrup recommended that the bids be rejected and the architectsdirected to subrnit amended specifications. The City At,torney arrived and, at Councilman Martin's request, Ivlr. Abey repeated his earlier comments with respect to the excess over estimate. Councilman Martin reviewed the severaL estimates subrnitted forthe struetures, pointing out that over a period of approximatel.ysix months the figures varied from a low of $75,000.00 to the I"atest figure of $95r000.00, plus the alternate for additional seat,s, and at no time was Council furnished a breakdown of costsdespite repeated requests of lv1r. Hanamoto. Councilman Mangini stated that if there was but one alternative he would recommend that the bids be rejected, the architect bedirected to revamp the specifications and that CounciL have theopportunity of reviewing before they were released for bid. Councilman Mangini stated that the balL fields are important tothe city's recreation program but that an expenditure in excessof $3001000.00 would appear to be unwarranted. Councilman Martin raised the iEsue of cancelLation of the architectrs contract.- fhe City Attorney stated that the city has the right to discharge the architecti the architect is entitled to compensation for work performed; moreover, the architect is entitLed to at leastthe opportunity of attempting to revise costs downward to within 1O% of his estimate. fhe City Attorney conmented that Mr. Abey'e suggestion that bid figures are within LO% of pre-bid estimate was rather novel inasmuch as the architeet, and the city have divided the work into two phases and treated these as separat,e contracts. Councilman Johnson expressed opposition to termination of thecontract, stating that the city has enjoyed good reLations witlt the firm, that she accepted }lr. Abeyrs explanation that a mistake was made and that the decision confronting Council was to reject and caLl for new bids or proceed on the assumption that the project that was originally conceived was vrorth the financial outlay. Councilman Crosby stated that it has been his goal that theproject be superior in design and workmanship, a recreationfacility of which the city can be proud. He objected to terminationof the contract, expressed confidence in the architects and, in agreeing to rejection of the bids, stated that the resultant structures probably will not be as he had envisioned. A motion int,roduced ry Councilman Martin to reject the bids for Bayside Park-Phase lA-opened on ilu1y L4, L97L, was seconded by Councilman Mangini and unanimously carried. During a period of discussion, a suggestion by Councilman Martinthat the city retain an experienced struetural cost estimator to assist the architects in preparing the cost reductions - perhaps Mr. 1lhomas Sine or someone that he might recommend - waa accepted by Council. Mayor Amstrup referred the matter to the City Managerfor investigation and report. 93 Additiona1ly, Council agreed that the architects were to furnish a breakdown of costs on the $95,000.00 estimate for Phase IA and a report of items proposed to be deleted for Council approval before the specifications were rewritten. IIEARING ORDINANCE NO. 936 - REPORTS OF NtsSIDENTIAL BUILDI RECORDS Mayor Amstrup announced that this was the time and place scheduled to conduct a pubtic hearing on a proposed amendment to the MunicipaL Code, as foLlows: "Ordinance No. 936 - An Ordinance Amending The Municipal Code Of The City Of Burlingame Sy Adding Chapter 25.80 (Reports of Residential Building Records) To Title 25 (Zoning") " Mayor Amstrup, for the benefit of the audience explained that the or3inance wiLI require a seller of any residential Property to obtain a report fiom the city and deliver such report to a potential buyer, wherlby the Latter will be made aware of zoning and building code violations existing in the property. I{ayor Amstrup recited ground ru1es, declared the hearing open and invited opPonents to sPeak. l.tr. Neil IvI. Strain, President, San lilateo-Burlingame Board of Rea1tors, read from a prepared statement commending the city "for thinking along the lines of consumer protection and trying to remedy illegal additions and uses of property." Itle staternent posed a series of questions having to do with Problems that iealtors may encounter in certain tyPes Of saLes, the mechanics of processing the report, requested clarificat,ion on the intent of lhe ordinince with respect to physical inspection of properties and commented on sections regarding "Liability of City, " "Eee for reportr " and "Expiration date of delivered report. " Mayor Amstrup referred to Mr. Strain's reference to inheritance and probate saLes, reguesting the City Attorney to comment. The City Attorney explained that the draft of the ordinance Pre- pared Uy ttre Citt Planner was delivered to him for editing_and preparalion in Pioper form for adoption, that the draft had the ordinance applying to "sale, exchange or transfer" of propertY, that he deleted the word "transfer" and was sat'isfied that, the language of the document was appropriate with the de}etion. The Citt aitorney stat,ed that "inheritance" was not a sale or exchange and the ordinance would not be applicable and that, in his opinion, there would be no more of a burden On a probate sale than on any other sa1e. In response to Councilman Mangini's inquiry as to consequences for evasion, the City Attorney pointed out that the ordinance clearly states that "it shall be unlawful......," that the Ordinance, uPOn adoption, becomes a part of the code and within the meaning of the code an unlawful act is a misdemeanor, a criminal offense. llhere were no further comments from the floor. Ivlayor Amst,rup recognized the City Planner who discussed problems of transfers of Property which have been converted, mis-used or rebuilt contrary to code, stated that the State Legislature Provided an enabling legisJ.ation in 1969 as a method of controlling the problems and that the proposed ordinance is based uPon that legis- lation for the PurPose of protecting the purchaser who finds himself in the position of buying sunething that was not as it was described to be. The City Planner stated that, he believed all of the guestions raised by Mr. Strain vrere answerable and also pointed out that the City Manager has suggested that the proposed fee of $10.00 may be inadequate. He recommended that the hearing be continued 94 CounciL indicated no objection to a cont,inuance. l,layor Amstrup thereupon declared the hearing continued to the meeting of August 2, 1971. RECO}IVENE FolJ.owing a recess at 9:15 p.m., Mayor Amstrup reconvened the meeting at 9:30 p.m. COMMUNICATIONS ].. PARIGNG IOT CONSTRUETION ACCEPTIED A communication dated July 15, L97L, from the Director of Public Works advised that Anza Pacific Corporation has satisfactorily completed its work for construction and development of the parking lot adjacent to the City Library within the BurLingame Avenue Off-street Parking District and recommended that the project be formally accepted. An addendum to the letter from the City Manager concurred in the reeommendation. RESOIIJTION NO. 43-TL "Accepting Construction-BurJ.ingame Avenue OEE=stieet paiking oistrict, Job No. 7L-5" t^ras introduced for passage on motion of Councilman ifohnson, eeconded by Councilman Crosby and unanimously adopted on rolL cal}. 2. @ Mayor Amstrup acknowledged a communication dated July 9, L971, from County of San Mateo Board of Supervisors, signed by .Iames v. Fitzgeral Chairman, inviting Council and its repre- sentatives to a pubJ.ic meeting on the subject of Tax Refonn on JuLy 22, L97L, at 10:00 a.m., in the Board Chambers, Hal1 of Justice and Records, Redvrood City. 3.ABAG CIIIZENI TASK FORCE I{ayor Amstrup acknowledged a eommunication from J. .Iulien Baget, Executive Director, Association of Bay Area Governments, datedJuly 8, L97L, requesting nominations for membership on aCitizen's Task Force and a Regional Citizen's Forum. l[he cqnmuni-cation explained that the Executive Committee of the Association has adopted a policy to establish a mechanism for citizen partici-pation in all planning programs of the Association and related matters of regional significance. Councilman Johnson reported that Mrs. Mildred Grens, member ofthe Park and Recreation Commission, has accepted the nominationfor the Task Force and has asked for some additional detaiLs on when and where the meetings wiLl be held. Councilman Johnson explained that lvlrs. Grens is hesitant, about driving any long distances at night, but would be most willing to participate if there was another person from the area attending the meetings,with whom she could ride. Councilman Martin stated that it was his understanding the Task Force was holding night meetings in BerkeJ.ey and that the Citizen's Forum was not organized as yet but probably they too would meet at night. Mayor Amstrup requested CounciL to submit names of potential members to the City Managrer. for two weeks for the Ci issues raised by t'tr. Str the matter of the fee. ty Manager and he to attempt to clarifyain and to submit a recommendation in dated submitting 4. STREET TREE ORDINANCE A conmunication from the Beautification Commission, July 7, L971, signed by fdchard Bortolin, Chairman, 95 a nev, street tree ordinance for Council's consideration wasreferred to the August study meeting. RE SOII'TIONS None. ORDI s-Second reading: ORDINANCE NO. 937 'rAn Ordinance Arnending The Municipal Code Of TheCity of Burlingame By Adding Chapter L3.65 (Abandoned, wrecked,Dismantled Or Inoperative Vehicles) To Title 13 (Vehicles AndTraffic) And Providing For The Abatement And Removal As public Nui.sances Of Abandoned, Wrecked, Dismantled Or Inoperative Vehiclesor Parts T'hereof From Private property or public property NotIncluding Highways, And Recovery Of Costs Of Administration ThereofAs Authorized By Secti on 22660 Vehicle Code,, was given its secondreading and on a motion introduced by Councilman Martin,seconded by Councilman crosby, said Ordinance passed its secondreading and was adopted on the following roll eall: AI'E S : COUNCILI,IEN : Amstrup-Crosby-Johnson-Mangini-Uartin NOES: COUNCIIITIEN: None ABSET{T COIJNCIL,,MEN: None oiiPINANcE NO. 938 "Amending Sub-secrion 13.36.020 (b) And AddingSub-Section 13.36.0IO (p) ro The Municipal code prohibiting parking On The tlortherly Side Of carmelita Avenue " was given its secondreading and on a motion introduced by Councilman Crosby, secondedby,Councilman Mangini, said Ordinanee passed its second readingand was adopted on the follovring ro11 ca!.l : AYES: COUNCIIIitEN: Amstrup-crosby-Johnson-ltangini-Martin NOES: COUNCI LlriEN: ti&cne ABSEM COUNCII.,ITTEN: NONE NANCE NO 939 "An Ordinance Arnending sections I8.04.0I0, 18. 0 30, and I .04.O4O Of lltre Burlingame lrlunicipaL code,Providing For ThParcels uA" and 8 e B E 1t stablishment Of Fire zones By Withd ravring and A Portion Of Parcel "C " As Shor^rn OnUap Recorded On August 19, 1968, In VolumePage 9, And Including Said parcels ,,A,,l of Parcel Fire zone III." That Certain Paree6 Of Parcel lrlaps A "Bu And Said Porti on T_he City Engineer reported there is a minor error in the legaldescription of the property, whi ch is a part of the Ordinan6e. The City Attorney recommended the Ordinance be amended on itsface and final aetion bD/ Council be deferred to the next meeting. on a motion introduced by councilman l{artin, seconded by councilmanCrosby and unanimously carried, Ordinance No. 939 was airended bysubstituting a ne$, "Exhibit A', for the original ,Exhibit A,,tocorrect discrepancieE in the property descrj.ption. tvlayor Amstrup announced that Council would take aon the Ordinance at the meeting of August Z, l-g7t.forma I action UNFI NI STIED BU SINE S S 1. 200 ro AVENUE council heard a detailed report on the property at 2oo rorton Avenue(formerly a gasoline service station sile), whi ch was ui-"jirt toCouncilta attention at the meeting of July 6, Lg7L, from tfre CityAttorney. lrhe City Attotrey stated that investigation of the fiIe on the ProPerty revealed that the primary complaint \.,ras directed tothe unsightliness of the premiaes. He stated that the property 97 The City Attorney stated that Council can direct the public workscrews to remove $reeds and rubbish and levy the charge against theproperty and require doors on the Etructures to be sealed andthe gas tank filled or removed. He stated that council has theauthority to take either or both actions. There appeared to be a eonsensus that the hreeds and rubbi sh beremoved as the first step in improving the appearance of the property. Mayor Amstrup, with Counci] concurrence, directed the city Manager to authorize the work by public Works Department crehrs,costs to be placed against the property as provided by the WeedAnd RLrbbi sh Abatement Act. 2. TEMPO RARY B.ARRI CADE C I rY PARKING IOtr is unsightly because of t eeds and rubbi sh and structures invarious Etages of disrepairr additionally, there are weeds inthe public right-of-way at the property frontage and the FireInspector believes there is an underground gas tank that could bedangerous. fhe City Attorney recalled that on numerous occasions in thepast he has informed Council that there is nothing in the codewhereby the city can take acti.on against conditions Eimply becausethey are unsightly, nor can the city legally require the Euildingsto be demolished. A request from Pacific Western Contractors, Inc., ltillbrae,for permission to close a row of parking Etalls in the city,sparking lot on the south side of OonneJ.Iy Avenue, during c-on-struetion on the adjacent property at the corner of primrose Roadand Donnelly Avenue, was received by council at the meeting ofJuly 6 and referred to the study neeting of July L4, L97L, -where council informally agreed to the proposal. Follovling a brief period of discussion, Councilman Crosbyintroduced a motion approving the request of pacific WesiernContractors, Inc., Millbrae, to barricade Z spaces on the cityparking lot on the south side of Donnelly Avenue at a cost of$50.00 per month, the monies to be placed in the Off-StreetParking District fund. llhe motion was seconded tY CouncilmanMangini and deelared carried on the follo*ing ro1-1 call: AYES: COUNCIL{r{EN: Amstrup-Crosby-ifohnson-UanginiNOES: COUNCIIIIEN: Itlartin ABSENT COUNCILMEN: None 3. IEIEATI.EYIOLIVER PIANS on a motion introduced by councifunan llangini., seconded by councilmanJohnson and unanimously carried on roll ca1l, working driwingsfor construction of Northpark Apartment compiex, a wieatteyfotirrerdevelopment at Carolan Avenue and cadillac Way, vrere accepLed andapproved. council acknourredged the presence of the principals in the project,extending wishes for success in their undertaking NEW BIJSINESS 1. APPOTNTMENT OF APP RAI SE R 2. TRAFFIC HAZARDS A communication frdn the City llanager dated JuLy 15, I97I,recommending that an appraiser be retained in c;nnection with thelease of air space ove-r the Donnelly Avenue off-street parking rotwas acknotrledged and the necessary ippraisal services authori;edby Counci 1. councirman Mangini reported that bumper to bumper on-street parkingo-n Burl,ingame Avenue, from East Lane to the eaiterly boundary otthe Recreation center buirding, is creating a "".iot" -"i["iti"". 98 In response to lilayor AmstruPrs comments concerning the unsightliness of the newsPaPer collection depot in the vicinity of california Drive and Oik Grove Avenue, the City llanager reported that of three organizations that hrere engaged in collection for recycling purposes i only the Del{olay is still active. During a brief period of discussion, council agreed that a better location should be found and requested the City Manager to suggest to Delt{olay that an area at the city dump might be suitable. He stated there is barely room for two lanes of traffic and the hazards are compounded because of the heavy vehicle and pedestrian traffic in the area of the Recreation center during the summer months. At his suggestion the city t{anager was directed to refer the situation to the Health, Safety and Traffic and the Parking commissions for study and recommendation. 3. MWSPAPER COLI,ECTIONS ACKNOWLEDGMENTS 1. A conmunication fror the city clerk dated iruly 13, 1971, advising of expiration of terms of !lrs. Edith cohendet and !lrs' Genevieie lt. phelan, Library Board; and R.C. Theuer and alos ePh A' Aliamus, Health, safety and Traffic comnissi-on. The City Manager was requested to determine if the individuals were interested in re-aPPointment. 2. A communication from Mrs. E. Feliz, I2I0 Peninsula Avenue, concerning establishment of a city bus systen was referred to the city Manager for rePlY. 3. An invitation fron the city of Be lmont to a recePtion in honor of carolyn stoner, Miss California for 1971, to be held at Holiday Inn, Bel;lont, on ,ruly 26, L97L bet\^'een 6:0O and 8:0O P'm' 4. San Francisco AirPort Accesa Project rePort. REPO RTS MI NT.,TE S 5. Arnerican standard specifications For Making Buildings and Facil-itie e.""""iUf. to, and Usabie by, the Physically Handicapped. !'he City r'li""g"t rePorted that the pioject architect for the Library consfruction was furnished a Lopy of the publication- vrith a request ior-i r"po.t of conditions in tni UuitAing that may be non-conforming. 6. A communication from the city Attorney dated July 19, 1971' sub,mitting copies of a letter from the office of the Attorney General, 6acrlmento, concerning Anza Pacific Corporation and Roadvray acquisilion From westbay community Associates' Council accepted Procedural recommendations noted in the City ;It;;;;y;; cbmmunication, referring the letter from the office of the lttorney General Lo staff for study and recqnmendation to council at its August study meeting. 7. The city Attorney reported that the Civil Service commiasion issued a sulpeona to-a plrson in connection v'ith the Charles E' i"iii t""tini; the pers;n failed to resPond' The city Attorney stated that the statute provides that the City Council may initiate ;;6";;; [o u" si!"ed-by the ]layor and requesred that council take' the necessary action. A motion introduced by councilman litartin, seconded by councl'1man b-rJ"UV-""a unanimousl| carried, authorized and directed the !{ayor i"-i";". a subpoena fLr JameE i. t'lcttullan to appear before the civil service conunission on JuIy 28, ]-97l' AND police and Fire Departmenta monthly rePorts, June, I971t Blingwl 99 Inn Teen Club Semi-Annual Financial RePort, January I through June 30, l97I;Beautifieation Commission minutes July l, Health, Safety,Traffic Commission, July 8, Planning commission, July 12, 1971. PROCIAIIATION llayor Amstrup proclaimed the period JuIy 18 through .Tu1y 25, 1971, Sf,. VINCENT DE PAUL WEEK. APPROVALE On a motion introduced by Councilnan lilangini, seconded by Councilman Johnson and unanimously carried, Warrants for the month of July, 1971,duly audited, Nos. 8087 through 8325 in the amount of $268,725.94,were authorized for payment. On a motion introduced by counc j.1man Mangini, seconded by Councilman Johnson and unanimouEly carried, Payroll Checks for the month ofJune, 1971, Nos. 19639 through 20237, in the amount of $L97,472.28,were approved. ADJOURNMENT There being no further business for transaction, the meeting was regularly adjourned at IO:25 p.m.i Council to meet in Executive Session immediately thereafter. Respectfully submitted, r te APPROVED: a city rt K. C1e rk \m"h p llayor COUNCILII{AN JOTTNSON BEPORT Councilman Johnson reported that she attended the grand openingof Shakey's Pizza Parlor and also Coiffure Arnbassador, a new beauty salon at 1460 Burlingame Avenue.