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Home My WebLink AboutMin - CC - 1965.08.16253 Burlingane, ealifornia Augruat 16, 1965 CALL $O ORDER A regular lneeting of the Burlingame City council was held on the abovegiven date. [eeting called to order at 8:0O p.m.. - t{ayor Pro ltsmpore George in the Chair. PLEDGE OF ALLEG LANCE At word from the chair, all Pledge of Allegiance to the the Council ChaEber arose and gave the 9. s for the corPoration Yardo published schedule, ons follows: in F1a ROLL CALL Present - CounciLEn : Diederichsen-ceorge-Johnson-llartinAbsent - Council,n€n: Crosby t{ayor Crosby, absent while on vacation. was e>rcused on rrction of Councilman Johnson and seconded bryz Councilman Uartin. It{INUTES An anendBent to the minutes of the meeting of July 19, 1965. under "Budget Hearing" that rtcounciluan Johnson objected to the deletion ofa 9500.00 allocation for 'parttime temporary eEplolment "' was further amended to add the rrords "in the Office of the City Treasurer. " l,heminutes of the regular r0eeting of August 2, L965, previously submittedto Council, were thereafter approved and adopted. BIDS - CORPORATION YARD IIIPROVEUEN?S Iayor Pro Teryore George announced that Reconstruction unit 2. received accordi August 11, 1965, were opened and declar BIDDER ALf. ALT.L2 bidngteda BASE BID NO NO 790 400 310 300 300 300 NO ALT. 3 390 375 375 375 NO 3280 3139 3000 3139 llo ALT. ALT.45 ALT. 6 $5O0 525 500 500 500 NO ALT. 7 162O 650 620 500 745 NO Re fven Const. Dodson- simpEon co. P & S Const. Odd Oleen Jl{ constr. Heart Constr. $78,378 $4oo 93oo $375 $Iso $313e 8s,800 86, 520 94, 777 95,72s 76,676 37s 40 580 9L2 300 800 Architect EstiDate ... $?I, 3OO. OO A comnunication was fead from the City llanager, dated August 12, 1955,advising that it was hia recmmerdation and that of the City Engineerthat the low bid of the Re fvem construction Company be accepted in the sunof $72.894.00, excluding bid alternates in the total amount of $5.484.0O. A comunication was also read from the Director of Publie Vlorks, addressedto the City lrangger, dated AugruEt 12, 1965, and referring to the sunnary of bids, advised that: (1) the bid subrnitted by the Heart Construction CoEpany, i8 "non-conforning, " having deleted items under Section 12 of the Specifications and that (2) the lor, bid was subnittedby the Refven Construction Co., in the amount of 978,378.OO, as compariedwith the sum of $71,3OO.OO estinated by the Architect. 1!he Director of Public tiorks recornnended, that to coincide with a budgeted figure of $75,OOO.OO, a contract be arrarded to the Refvemeonstruction Company, deleting the seven alternate items. 254 Dcplaining that the "alternate itens are not too important for our operation with the one possible exception of Alternate No. 5, in the anount of 93,I39.O0 - "zurnishing Shop Equipment" (rretal binds, benches, etc. ) the Director of Public Works stated that rrooden bins and benches could be constructed t4r force account or the metal itene budgeted for, at a later date. eouncilman Uartin's inguiry concerning the status of, and his sub- seguent review of the bid of the Heart Construction Conpany ($76,676) confirrEd the statements of the city Attorney that the tleart Consttruction Company submitted a bid rdith a "qualification" thatits bidl did not include "section 12 of the Sp€cifications. " l,layor Pro Tempore ceorge, referring to the Architect's low estimate,in c'omparison with the bids received for the currently propoEed Corporation Yard project and the Council's previous understandingthat his estimates uould remain firm, questioned I{r. E. L. Horb€rg,the Architect, in attdndance. The Architect stated that the differential between bids received andhis estimate on the current project aporoximates six percentr thata ten percent variation bethreen bids and estimated bids is cons ideredequitable and pointed out that bids received on the construetion ofthe first phase of the Corporation fard improvements were lower thanhis estimates. At the request of councilman llartin. the Architect enumerated thealternates and comrnented on the respective items included therein. Councilrnan uartin expressed his concern that bids received for Corporation Yard improvements in the future may continue to exceedarchitectural estimates and that the current bid of nine and one-hal f percent over the budget figure confirmed his opinion that mis-calculations occurred in the original estimate. T'he advisability of deleting alternate items that will reguire budgeting in the future was considered, with the majority of eouncil expressing reluctance to delete, and yet, at the sare time,to exceed the budget allocation. Follor.ring considerable discussion, a reotion was introduced by eouncil- nan DiederichEen, seconded by eouncilman Itlartin, that the contract be awarded to the Refvem Construction Co., in the total base bia of $78,378-OO. including the seven alternates. On the question, Councilman Johnson, referring to the recormendationof both the City Ir{anager and the Director of Public Works, that all seven alternates be deleted and to conuoents from the Architect that sorne of the alternate items may be deleted, stated that for thepresent and to maintain a lol^r tax rate, she favored the deletion ofthe items. Councilman Diederichsen stated that a rejection following Council'sprevious approval of plans and specifications would be an action taken in "poor faith. " Ir{ayor Pro Tempore George stated that the items r*ere eonsidered of sufficient importance to be included in the original plans and inhis opinion, the ultimate results from the proposed improvementjustj.fied the expenditure . eouncilman llartin repeated his previous comments, in that itens deleted nory r.rill be presented for council consideration on a future occas ion . Ttle motion was recorded thereafter as follot^rs: Ayes: Councilnen:Noes: counci lmen: Absent Councilmen: Diederi chsen-ceorge-t{artin Johnson erosby 255 Fornalizing the foregcing action,RESoLUTIoN No. 86-65 "Awardi ng Contract for Corporati on Yard Reconsfruction tJnit 2'i (Refvem eonEtruction Co. - $78,378.00) was intrduced for passage on motionof councilman Martin. seconded \z Counci lrnan Diederichsen and adopted h,y the following Rol1 Cal1 vote: Ayes: Councilmen: Diederichsen-George-!{artinNoea: Councilmen: ilohnson Absent Councilnren: Crosby EOMMUNT/'ATTONS 1. DTSPOSAL SURPLUS PROPER'PY A coumrnication, dated AuguEt L2, L965, was read from the City Uanager, advising that with the improverEnt of Carolan Avenue froB Oars Grove Avenue to Broadway. a surplus parcel of property shall remain at the southyest corner of l,brrell and carolan Avenues and recotmending t}tat a complete investigation with respect to legaldisposition of the unneeded property be authorized. A commrnication relating to the subject rras read frsn the eity Planner, under date of July 27, L965, advising that the propos ed completion of earolan Avenue shall result in the removal or destruction of a residence currently being occupied tryr Mr. John H. ealwel1, the eity'sBuilding fnspector ard that Ur. eah^rell, desiring to continue his occupancy, has offered to purchase the remainder of the lot and to remodel the building within the remaining property. The City Planner further advised that subsequent to locating the newstreet 1ines, the property remaining will not neet code requirementsfor a residential lot and in the remodeling process proposed, it has been suggested that the side setbaek faeing the ne&, street be setat five feet instead of the required seven and one-half ffet; it hras recorunended therefor, that a varianee be considered by the Plannj.ng Comnission- fn reply to Councilman Uartin's inquiries, the eity Attorney advisedthat the eity nay declare the property "in excess" and that there isno legal requirement that the sale must 9o to bid. ft t as his recommendation that both the property and the structure be properly apPraised. Ihe City Planner stated that the property zoning will honever, with the Carolan Avenue improvement, the lot tvou Ld be less than the required 5,OOO square feet andset back lines on the new carolan Avenue would be tsrofeet less than code requirements. not change, measurements that the side and one-haIf fn reply to the ehair, the eity Engineer advised that the earolan Avenue right-of-way properties were purchased from cas Tax Punds and proeeeds derived from the sale would be allocated to cas Tax Funds. eouncilman tlartin, comenting on the possibility of an adverse reaction from the public by the eity's negotiation with a eity emplolfee, reeourended that upon receipt of an appraisal, the subject property be offered to bid . Couneil concurred and the recomnended. city Irtanager was authorized to proeeed as 2. KI'NZ PAVING EONTRAET AEEEPTED A eommrnication from the eity l{anager, dated August II, 1965, advisedthat the Kunz Paving Company has satisfactorily completed and fully met all the requirements of the plans and specifications of Sehedule funder the Baysiale fnprovement District and recormEnded that thecontract improvenents be aecepted. 256 .@"A R..olutloD AccoptLng CoeLtion .nA Dir.ctlDE ffi ot Aec.ptrnc. oi coqrcti.oa - B.y.lde E'8o\runt District - Schedule I" ras introduced for pasaage onEtion of couDcilnan .rohnaon, aeconded ttr Councllnan oiederlchgen and adopteA unaninously upon Roll CaIl votc. 3. ORDNCAUCE AIIEIDINC "EERIB E!AUI!Dre" ORDEIANCE A comnication fro tha Clty tlaaager, dat6d Augrust 12, 1965, leferredto a propored auendlnant to the eity'a Barth Eaull.ng ordinance and recorending that lt be conaidered aDd introdueed for paeeage. The city Attorngy explained that ordinaoce tlo. 7O3, regulating th€ hauling of earth on prblic atre€ta, was €r(cluded frou the lnrnicipal Code for the reagon that the valldtity of sl.Eilar [aaaurGa in other cooEunitics ras being tested in the courta i that the orlginal ordl,nance of the city prohlbited the baullng of earth along "anypubltc street" exceeding the groaa reight of three tont rlthout aperult, conflicted witb the Vehicle code requirerenta that p,nblic atrcets upon rhich earth la to be traD8ported, uuat be so stlpulated. councilnan tlartin, referri.ng to the propoaed ordLnance arerdneat, uherel.n lrouBdale AvsDu€ ls desigrnated as the earth haulitrg route, sugg€sted that prior to aecond rcadlng thereof, ttrat the l{ills Batate residents be alerted, given ttre opportunLty to of,fer apoaslble alternate route andl that the City Bngineer and the CltltAttorney be prepared to explain the neceasity of eatabliahlng an earth hauling route. Itle Chair, in questioning thc extent of earth to be relocat€d, pa€ adviaedl by t}le City Uanagcr that approrinately tso nilllon ton8 of earth will be rercned in prelnration of the nery alcyline fr€eray. Councilnan titartin, at the conclugion of reading the proposed Ordinance No. 827, in Lta entirety, recounended the f,olloulng changes therein: that (1) f,eeg be deposlted to the " Street Ialnt- enaDce PuDdl " (instcad of " Barth Eauling Street Repair ptrnal; ) " (2)public lialbillty and property danage insurance policies be increaaed and that (3) th6 CLty llanager be authorized to revoke porBit6, wlthright of appeal to council. Upon advice froD the City Attorney that ttre proposed ordinance nay be arenaled prior to lntroductlon, ttre Chair declared a receaa topemit the City Attorney to prepare the inserta. RECBSS R€c€aa declared at 9:45 p.n. CAIJ TO ORDER, ltre reeting wae called to orAer at 9:55 p.u. "EtnE EAULnfti" ORDDSArcE (eontl.nued) Revlsions to the " Earth EaullDg " ordl.nance, prepared in appropriate Ianguage by the City, were, in esacnce, ae follorr: (f) ge4lon 1253: pernl.ts granted nay be revoknrh ffiils6ncit to rreir any apfrale; lz', ed by the City l,lanager Section 1255: Peeeto be depositd ln the .,str6et Uaintenance 8rr!d'. aEi l3I Section L257 t Publlc Liabtlity Inaurance in an amount not 1e8a than F6',ooo.oo for lnjurila. . . not less than 95oo,oo0.oo on account of one accident; Prop€rty Dar[age Ingurance . . . not leag ttran S1OO,0O0.OO. Ihe foregroing revisions rrore accepted to arnd proposed Ordinance No. 827 'on Lt5 face " on rction of Councl.lnan Uartin, seconded btz Councihan .Iohaaon ard unaniDously carried. 4 25? counci lDan Uartin introduced ORDIMNCE NO. 827 "An Ordinance of the city of Burllngar eddlrg ChaFEor]Iil.6o=toEItfe 13 of the Hunicipal Ordlnanc€ Coder Regulattng the nauling of Earth on certain Publlc StrGeta and ltrovlding for the Issuanc€ of Penl.ts and the PafrEntaof Fees ltrere for " for firat reading. c{,tetr,xICAtIONs (eontlnu€dl 4. (a) AtrgBrJ RoAD rxA'!tsR cqDlrlor A EErc frou the city ttanager, dated August L2, L965, referred to areport fror the Dl.rector of Public $orka on an engineering study nade of ttre drainage conditl.on on Anael noad requerted blr area resld€nt8 and statlng that corrections to iryrove the aggravatingcorditlon ls Justlficd. A co@rnisation fron the DLrcctor of Publl,c worts, dated Augrust 11, 1965, indicat€d an cgrnditure of apprqirately $2,15O.O0 to urketlre neceraary inatallatl.one to inaure prop€r Aralnage. Folloing a brief digcugsion, uherein Council concurred that aproblen doeg exl.gt, the aubject raa referred to the Clty tlanagerard to th€ Dlrector of Public t{ork!, with authorization to proceedsith the project. (bl JOI{X JEilKS, CONSI'LTII{G ENGIITEER llema r€re read froo tha Clty llanaq€r, under dates of Augu3t 12 anit Auguat 13, 1965, concerning hia eetlng wlth l,tr. irohn rtenkr, conaulting Engineer, to engage hic eervices on the coupiUation of an engl,ncering report to Eeet tJre requLreuenta of the water Pollu-tion control Board. Councll acknorledgcd a atateEent fro the Ciq, UaDager advic 1n9 thathis Officc rLl1 confer rith tlr. ilente on the subJcct of a retainerfee for Council actlon at ttre reetl,ng of Sept€rb.r 7, 1955 ldd ttratthe Water PollutioD Control Board 8ha11 be ao notifled. 4- (c)DONNELLY AVEUT'E SII'DY RBPORT A couunl.cation fror thG eity llallagar, dat€d Auguat 13, 1955, advisedof a Joint reeting of tlre Eealth, Safety & :faf,f,lc Comieaion artdtha Partl.ng C6is8loD adFduled f,or the purpoae of discuaging the Donnclly Avenue traffl.c probler and the iryrovcoent of trafflcflou b!, a ono-{ay str6€t slraten. Itte c@i8rlone ttrereaftsr raconn rended thc f,oUorlng: (I) 'lltrat the City obtal.n traffic eountsto prepare charts for analyzation, with the suggestlon that h19hgchool or college 8tudcnta be euployed at the rate of appro:rlrately $1.5O pG! hour to p.rfom the aervicer ana, (2) That tts. Jack GreeD.Ir.n, faffic Bngineer, saD IAt€o county. be engaged to properly analyze on€Jray strc€t rarrants and tbat the sun of $750.00 be approprlatcd to coqrcnsate the cngincering aervicc. flhe ctty tlaDager reported verbally that no definite conclual.on wag reached try the Corrtl,ssLonr relativc to DoDnelly Avenue, prlnarily because of the desl.re than an over-a11 trafflc shrdy be nade prior. Sre City llanager, in reply to council inquiriea, advised that if DonneLly AvenEe iE creatcd into a tvo-pay atreet, there ic the questioD of the nunber of parking apaceB that uill be elininated and auggested that parking b€ pernltted on one siAe of DoDn€lly Avcnue. Also Ln reply to inquirica, concerning sufficient LDforEation curretrtlyavaLl&le to Justify thc eoployacnt of personncl to obtain trafficcounts, tha City tDnager advieed afflrEt{iEly, statlng that t}rere Ls an arca of approtirately fif,teen lntersectiona upon vhich traffic checka should be charted for future anaylsia. Folloring a brief digcutalon, CouncllDan lLrtin's auggeatlons that(1) :[he rccorerdatlona of t]re Comisslons ba over-ru16d and thatthe City llanager and the Clty Attorn€y draft an o,rdinance ereating 258 Dolnelly Avenue into a trc-uay atr€et. (to be changd if neccsearryat a lat€r date) insertlng at thGlr dlscretion, Dsaaurea to lnsur€a! ev€D flor of traf fic i (2) that the ratt€r of approprlatlng aaui for coDtracting profesaional traffic engLneering rervlccg be congidcred at ttrc council atudy reeting, septorb.r 1, 1965 ar}.l (3)that in thc interiu, the city lrlanaEer elploy peraonnel ag rec*rded by the Comigsl.ona to obtal.n traffic counts. in a cuD Dot to ercGd $3O0.O0, urce forrally accepted byz Council upon rctlon of couttcihanlrartin, seconded by Councilnan Johnson ard unanl.msly carried. RESOI,UIIONS RESOLITTIOU M). 88-65. " Revisirg Rat6s of Pay for CertaiB Classifl,ca-ffice and rlre ocpartrenla b1, AoeDding Dlvial.ong E ard I, E hibit A, Reaolution lto. 81-65" waE introduced ty Council- man l,iartin who mved it8 paaaage, aeconded by Councilran arohn5on and unanircusly adopted upon Roll CaII. RBSOLUIION NO. 89-65 "Tran8ferr ing Appropriations ln Capital E rove-nenE-ffiflo-IIITT Er Certain Salart, Iteus in th6 Po1ic6 ard Fl.re DepartDents " was introdueed for passage on uotion of councillan arohDson, secorded blz Councilnan oiederlchsen and unanlrcualy adopted upon Roll Call. RESOLUTTON NO. 90-65 "F lxl.ng ra:r Rate for tbe CIty of BurlingaDvaluation foi ttp Plscal Year Ending ilrre 30, 1956"($1.28 on $10O Asaeaaed \rhluation) uas introduccd for passage on Dtl.on of cqrncihan Diederl.chsen, secoDded by councilEan gartin aDd adopted by tne following Roll call vot€: Ay€a: counciLEen: Diederichsen-George-Iartintroea: councilren! {Iohnaon Absent CouncilDenr Croghy UNFINISHED BUSIN,ESS IFET{TAIF TVE UAP N AIRPOR PARK *2" A revier by council of the revlsed tentative rap of "Anza Al,rport Park l+2 " Lndllcated that revisiong rlth respect to thc radlue of,a culde-aac and the sldth of an eaacEnt proposed ae a rlghtd-ray havc been incorporated as recorended U7 Councll. A brlef diecugsion concluded uith Council concurring that the rap a8 pre8eDted j.s nor acccptable and upon rctl@ of C@Dcihatl lartin, aeconded by CouncJ.loan Dl.ederichecn and unanirualy,-carrled, thetentatlve EAp of, "Anza Airport Park #2" uas approved. 2. I,IST OF COXII'ISSION ATTEEDANCE Ithyor Pro IeDrpore ceorge requeated the City lanager to furnish counciluith a copy of ttr6 attendance record of lreobera coryriaing the farkl,ng Comiasi.on to add to ttre 118t of Comiegl.ons prevloualygubuitted. TBY BUSIIIBSS 1. i,ATGS W. EIIOIBL SI'IE ACADTST CITT "tre eLty Attorncy comented brlefly on the nery sul.t iuitiated againet the city of Burlingare ty tE. JaEs w. Eimel, ln connectlon riththe "Skyltne Serrace" conatruction atd requested author i zatlon to engage additlonal legal aaaistance Ln defendlng the action. councilLan llartin, speaking of thc financial strain on the taxpaycrs as the regult of tE. slrel 'a continual action agrinst the Cittr, questloned lega1 rearurea b[z rhich ttre plaintiff in these occurences ts!!, be required to aaauE court coat8. I|he etty Attornelr indlcated that he would conduct a research on the Lesue. A Dtion ras introalucd try Councllnan Di€derlchren, seconded try 1. ?59 Councilnan atohn8on ard unanlErrely carried, ttat the lar firn of ucfrlllan, Anderaon and corurolly be eoplolrcd to aaEist the city AlDrney. 2. RBI,DVIL OP CUrS! Co|!'mEE A BG, fron the city Ianager, datecl Augrurt 16, 1965, advlacd that tuo quotations have beea received for tlre remval of the Gunrt Coggagos(1) Cal-noe in the gun of $85O.0O(2) rnapp ErcavatorE in the aun of 9450.00 Cqrncll concurred wLth the rac@Ddation of the ctq, [anager that tho fnapp Eacavators bs authorlzed to rercve the atructure. 3. EI,IT AVENI'B 'trUISArcE' CdlPIEIx! A comrnicatlon wae read fror Bather ard sldney PIotteI, 110 Eln Avenue, dated Augtu8t 8, 1965, prot€lting a "noise nuiaance" euAnatlng fron the .rrea of a nelghborlng svluing pool. ltre Clty Attorney, in reply to Councll, deflned a 'Duiaance" as 8etfortll in the Petlal code ard speaking of hls peraoDal tnouledgeof ttre coqrlaint, advl.gad that the legue ig one in riltdr the cttyof Burllrgare hag no juricdlction and nay be reaolved only by aprlvate lawsuit. Eollorl.ng a brief discussion, councilDan Johnaon suggeatcd that th6comnicatlon b€ acknorleilgeal rLth an appropriate €t(planation. 4. PRBSaRVAIIOE EIsllRtC SIIBS A coqunlcatlon was read from cecll E. tle1lg, aIr., Chairnan, Rsgl,onal Planning c@1. ttee, san t{ateo cqrnty, dated Auguat 3, 1965, advLslng of a progra bclng lnitiated to preaerve the hiatorlceites of aigrnificance rithin all the clties of, san tlatso cqrnty aDd rcquestl.ng Council to a8sl.gm one or Dre citizeos or planning comLaeLonera to a coru.ittee to advance the progran. lltre cmunication raa referred to the CLty tlanager. 5 A cmrnl,catlon fron the County Board of superviaors, conflrnlnga luncheon nee6g rith uenbers of the Burllngare Cit!' council, on Tueaday, SeptcEber 14, 1965, at the El,llcda1e IDD, ra8 acknowledlged. ACKNOIII.EDCEHENTS Ihe Chalr acknovledged receipt of, a com.unication fro the Burling'oeelvll Servl.ce @loyeea I Association, expresslng the Eeuberaappr€ciation to rage increaaes and fringe bene fits recently granted by Council, a r thank-you" card frc t'Es. Sarah [arks, Widor ofthe late clq, qlot ee, ,ogeph garks and tlinutce froa tha Bealth,safety & If.fflc cocission. NETGITEU "ODDTTY" layor Pro fefipore George directed attention to an uaurual article Ln the "Entertel,nEnt-Reltaurant " SectLon of ttre San EancilcoChronlcle, dat6d Augtu8t 14, 1965, advcrtiaing the "Red LLon Inn"atd the captLon 'uhere BurllngaE'e fl.ne rsataurants are really in San l{ateo. " CIAIIIS; rarrant!, llonth of August, 1965, duty audlt€d, flos. 4591-4768 inthc total arcunt of $198,834.49, were authorizd drayn on thc Clty'altea8Ery, on Eotl.on of Councl.han Uartin and aeconded b1z Councllnan Dlederichaen. 260 PAYROLL Pal'roll warranta, iluly, 1965, t{os. 4585-5O88, ln ttre total arcuntof 9120,255.03, uere approved on notion of Councilnan Uartin and eecorded by Couneiluan irohnson. ADiIOITRNIIEI{'I Ihere. rbeing no firrther tranaaction of bueinese, the ne€tlng sa8 regrularly adj ourned at 11:35 p.n. Respectfully suboltted, EERBERT K. YIBI:IE clqT clerk APPRO\IED: Edward D. George llayor Pro Teqrorc Q-_7&.-*_t*,.<_