HomeMy WebLinkAboutMin - CC - 1962.06.182L
Burllngame, Callfonnla
June 18, 1962
CAIL TO ORDER
A regula:r neeting of the Burllngarne City CounclL was hold
above glven date. Meetlng called to onden at 8:0O p.m.,
Lonenz ln the Chalr.
on the- lrayor
PI,,MGE OF ALI,EGIANCE
At word from the Chalr, all ln the Councll Charaber arose and gavotho Pledge of Alleglance to the Plag.
ROLL CAI-,L
Present -
Ab sent
Councllmen: Crosby- Johns on-Lorenz -Mart 1n-[lorganCouncllnen: None
II]}ruTES PREVIOUS MEETINGS
The mlnutos of the prevlous meeting of June 4, 1962, submltted toCouncll, amendoal to ::ocond that the meetlng was adJourned to moet
on l,ilond.ay, June 11, 1962, to scr:een and thereafter appolnt appIl-
cents to f111 exlsting vacancles on the Llb'ary Boand, were
approved and bd.opted on motlon of CouncLlman Johnson and secontled
by Councllman Johnson.
IJILi,IAilI P. BRIGEAM
In rosponse to an lnqulry from the Chalr, the Clty Attonnoy ad-
vlsed that two lssues are before the Councll on thls occaslon:(1) the C1vl1 Ser.vlco Commisslonr s lPj-ndlngs of Fact and Con-
clusionsrr ln the rmatter of the Request of Wl11lam P. Brlghamfon a llear"lng after an onden of Dlschangen and (2) a request
from the subJect employee that he be given an oppo::tunlty to makea statsnent to the Councll.
l{::. Bnlgham was lnvlted by the Chak to make hls statement.
I14r. Brlgham edvLsed that h13 appoarance on thls occasion wasto request that CorrncLl obtain a tnanscnlpt of the heailng held
befone the Clvil Service CommLsslon and that CouncLl render lts
own clecLslon by conrpletely and leglslatlvely evaluatlng all thefacts set fo:rth 1n the tnanscnLpt. He stated that tho Clty Man-
ager ls a manager of the DepartrBnt Eeads, not of the Ctty Councll
and 1f nCouncll can reach a Iogal conclusLon thls may very well
be the end, of the subJect! lf not, the sltuatlon wlll be ne-
vlewecl frequently heroaftor.n Mr. Brlgham urged that an lnvestl-gatlon be nado of the facts pr'lor to Councll maklng Lts declsLon.
QuestLoned by the Chafu, the Clty Attorney advLsed ttrat ln con-
fo::mance wlth Clvll Servlce Ru1es, a department head can not dls-
chargo an employee without the appnoval of the Clty Managen and
tireneafter described the Clvtl Servlce pnoceduno that occur:r:ed
subsequent to the appoal made bir the dLscharged enployee.
The Clty Atto?ney advLsod that the ClviJ- Servico ComnrisslontstrFlndlngs of Factfl basod on the evLdenco pnesented, was pre-
pared by hls Offlce at tho request of the Civll Senvlce Com-
mLssion and coples forwar.ded to the City Councll.
The Clty Attornoy stated that Councll may afflrm, revoke or
modlfy th6 nPlndlngs of Factt lnclud.ing the necommend.atlon of the
C1v11 Sorvlce Conmlsslon that the errployee I s dlscharge be approv-
ed by the Clty Councll .
CrVIL SERVICE COIvIIIISSION FII{DINGS RE:
.).)
The Council was further advised by the Clty Attornoy that a trans-
erlpt of the pnoceedlngs 1s not nocessary, sLnce mattors of fact
have beon deterILlnod by the Clvil Service CommLsslon and sincethe function of tho Clty Councll Ls to rev16w the dlsclpllnary
actlon taken ln the llght of the Commlssionrs flndlngs.
In r.esponse to the Chalrts suggestlon that Councll may doslreto consLder the subject further at a study neeting, the Clty
Attorney ad.vlsed that sLnco Councll actlon ls requlred, an
adJourned on a special meeti.ng would be the approprlate procedure.
Councllman Ma:rtln statod that the sole issue befor:e the Corrncll
Ls either to reJect, accept or modlfy the Clvll Se:rvlce Com-
mi s sL on I s rrFLndl-ngs of Fact . n
Councllnan !'{organ stated that ln hls oplnlon, Council c annot
modlfy the actlon wlthout explorlng the entlre subJect ln moredetall and on thls oceaslon he was not ln a posltlon to accept,
reJect or modlfy the flndlngs of the Clv1l Servlce Commlsslon.
Councllman Crosby expressed hts wllllngnoss to concur wlth theactlon taken by the Clty Manager and the sub sequsnt decJsion of
the Clvll Sorvlce Commisslon.
Councllman Johnson expressed regret that the Lssue had to come
before the Clty Councll and stated that on the reeord before lt,the only recourse Councl-f has 1s to uphold the flndlngs of theCivll Service Commiss 1on.
Councllman Johnson, thnough the Chaln, questloned lllr. Brlgham con-
cornlng hls reasons to appear bofone tho Counctl rhen amplo
opportunlty was provlded to present hls evldence before th6 s6vsn
members of the Clvll Senvlce Comnisslon.
ii{r. Brlghan stated that a revlevr of the transcript would revee}confllctlng testlmony on the pant of wltnesses and suggestedthat before tho mattor comos beforo a Superlon Body, the trans-crlpt be th::oughly eveluatod. lb. Brlghan stateal that apart f!:onthe Council, ropresentlng tbo offlclal clty, the reputatlon ofhts famlly Ls ln Jeopandy.
Followlng further dlscusslon, Councllmsn Johns on, pnefaclng a
motion, statod that lt ls lncumbent upon the Cor:rlcll to acceptthe flndtngs of the Clvll Servlce Commisslon, to support the
d.eparttrent head, and the Clty Managor: cognlzant a1so, that ltrr.
Brlgham ls prlvlleged. to take the lssue to a hlgher c otrlt lf hels so advised.
C ounc lLoan Johns on moved. that the Counclt affl::m the rrFlndlngs of
Fact, and Concluslonsrr of the Civ11 Senvice Conmlsslon 1n the trMat-
ter of the Request of Wllllen P. Brlgham for a Eearlng After an
Order of Diseharge.r The notlon was seconded by Councllnan Crosby
and a Ro1L Call vote was recorded as follows:
Ayes: Councilmen: Cro sby- Johns on-Lorenz-Mart 1nNoes: CourcLlmen: NoneAbstalnlng CouncLlmon: Morgan
C OI.di,,IUNICATTONS
1. VIIDENTNG OF CALIFORNIA DRIVE
A commrntcatlon from the Clty Manager, dated June 14, 1962, ad-
vlsed that the Callfonnla DrLve wLdenlng prodect ls nearly readyto proceed and authorlzatLon is nequested. to advertise for blds,subject to the approval of the Plans and Speclficatlons of the
State Dlvlslon of l{ighways and the settllng of the cuB€nt oon:str.uctlon strlke, and to lnstruct tho Paclflc Gas and Electric
CompanJr to move lts transmlsslon llne to the westerly slde of thestneet.
2E
At the roquost of th6 Chain, the Clty Englneer outllned the pro-
cedur.e, recommendLng that authorlzatlon be glven to advertLse forblds, to be opened July 16, 1962, ln onder that the proJect nay
conulence lnmdlately followlng the strlke settloment.
The Clty Englneer advLsed that the wldonlng of Callfornla Drlvewill be a four-month proJect and lf possLble should be completed.prlor to the ralny soason.
Referring to conr:espondence recelved f:rom the Paclflc Gas andElectrlc Cornpany, Lt was noted that the relocatlon of the utllltyrs
transnlssLon llne to tho westerly slde of the stneet woulil be
accompll-shed at no cost to the Ctty.
Councl1man Monganrs lnqulry concernlng an trndergnound utlIlty 1n-stallatlon was replled to by the Clty Engineen, who advlsed that
such an lnstallatLon would bo too costly.
Councllman Johns on thoroupon moved that Councll concur wlth the
recomrnendatlon of the Ctty Manager and the Clty Englneer, seconded
by Councllman Mertln and unanlmously carried.
TROUSDALE CONSTRI'CTION COMPA$T RE UEST RE:
TI EX IO T SER EI OVE]I.&}NTS
A communlcatlon from tho Clty Manager, dated June 15, 1962, ad-
vlsed, that a requost has been recelved from the Trousdale Con-structlon Company for an extention of tlme 1n whlch to complotethe nskyllne Tank Farm Systemn deslgned to serve the Mltls Estatewith perman€nt water facllltles.
A neconnendatlon that the tlme extenslon be gr.antea, subJect tothe approval of the bondlng company, and that the Clty Attonney be
dlrectecl to prepare th€ approprlate legLslatlon ras concurrecl Lnby Councll.
3. DrIMP OPERATION AGPEE]IIENT
A conrmrnlcatlon from the Clty Manager, d.atecl June 14, 1962, sub-mlttlng a tabulatlon of the avorage yearly net pnoflts Ln connec-tlon wlth the manage ment of the Clty Dump slnce 1957 to the cur-r€nt date, ras acbrowledged.
The Clty Manager adr'lsed that the slx months perlod 1n which
Councl,l permltted the Dump Operator to reduce hls payments to theClty has expl?ed and the orlglnal r'ate of SIT5OO.OO has been
re sumed.
Councllman Mo::gan moved that the report as submittod by the Clty
Manager bo accopted, seconded by Councllnan Mart ln and unanlmoustycarrled.
4. PARK]NG CHANGE AUTHORIZM (18OO block EI Carnlno )
A commmLcatlon lYom the Clty Manager, datod June 15, 1962, ad-vlsed that the Eoalth, Safety snd Tr&fflc Comnlsslon has necom-
mended that rino parklng be permltted on the east slde of the
}SOO block of EI Canlno servlce road flom 8 a.m. to 6 p.n. Uondaysthrough Prttlays anal that thore be dlagonal panklng on tho Wostslde.
The subject was referred to thethe appropnlate leglslat lon.
Clty Attorney for preparatlon of
5. COIINTY DTRT HAITLTNG SURVEY
A commrnlcatLon from
advlsed. that the Coun
e County Manag€r,of San Matoo has
dated June 14, l-962,enterod !.nto an agreemont
thty
o
24
f
with Wllsey, Ham and Blair to conduct an englneer:ing study ofproblens relating to dint haullng wlthln the County and that the
I{ayor and Councllmon together rrlth the Clty Managen and the Clty
Enginoer of each clty are nequested to attend a meetlng ln the
HaI1 of Justlce and Records ln Redwood Clty, 8 p.n., Thursdey,
Jun6 28, at which tlme the englneerlng flnm shall present LtsprellmLnary flndings .
Mayon Lorenz slgnlfled hls lntentlon to attend and urged as EAnyof the members of the Councll as posslble to attend.
1. BURL]NGA}IE AVE}IIIE AREA OFF STREI]T PARKING DISTNICT
Ernest A. lVL1son, Counsel for the proposed Burllngame AvenueOff Stroet Parklng Dlstrlct, advlsed. that certain shangos end
modlflcatlons have occured ln the acquisltlon and Lmprovementof property proposed to be lncluded wlthln the Distrlct and a
Resolutlon of Intentlon has been prepared, scheduling July 2,
1962, Burllngarno Councll Chamborsr 8 p.m., as a pub1lc hearLng onthe proposeal rovlsions.
In neply to tho Chairrs statemont that he proferrod that the
Plannlng Conmlssion flrst nevlew the plan and submlt Lts recom-
mondatlons to Councl]-, Mn. Wllson advised that lt is not a Batterto be revlewed by the Plannlng Commlsslon and. so referred me,yserlously affedt the 1egal1ty of the 1ssue.
Councllman Martln advlsed that members of the Plannlng Commlsslonlnformally revlewod and lndlcated thelr agroement, ln pnlnclple,wlth the Dlstrict as proposed.
Councllman Martin lntroducod and moved the passa
NO. 32e62 iA Resolutlon of Intentlon to lilake Cha
pe of RESOLUIITON
nges end Modl-
J4
aI catlons Burlingame Avenue Ar.ea Off Streot Parklng Dlstrlct,
seconded by Councllman Johns on and unanlmously adopted on ro11
caI1.
2. BROADT!'AY PARKING-LIGHTING DISTRICT
Robert Levy, Chalrman, Broadway Off Street Parking and LlghtlngDlstnlct, requested Couneil to tako th6 lnltlal step ln the
formatlon of an off street panklng and llghtlng d.lstrlct for:
Bnoad,way and that the sum of $zrOOO.Op bo advenced to the engln-
eonLng flrm of Wilsey, Ham and B1afu', to complete tho necossary
work for the pro Ject.
James T. Morton, Attornoy, reprosenting the legal colursel for thEDlstrlct, advlsecl tbat the proceodlngs for the format lon of the
Broadway Dlstrlct shall be lnstltutod unden pnovlslons of Dlvlslon4 of the Stnoets and Elghvays Codo and. the Improvement Act of 1913,
and th€ englneerlng study and sorvlco report w5.11 approxlmate
$P, ooo. oo.
Three resolutLons pertaining to the f ornratL on of the Broadway
Parklng and Lighttng Distrlct were thereafter ed.opted as follows:
RESOLUTION N0. 55-62 nA resolutlon of Preliminar y De ter.mLnat l on
It
Unaer DFIs ton 4 of the Streets and Hlghways Cod.e, Bnoadway
Parklng and Llghtlng Dlstrlctr was lntnoduced fon passage on
motlon of Councllman Martln, seconded by Councllman Johnson and.
unanimously ca!.rled on ro11 caII.
BElalU!&Ltra! tE A? trA Resolutlon Cr.eating a $2,OOO.OO Revolvlng
@g and Llght Projectn ias introduced forpassage on motlon of Councllman l,,ilartin, seconded by Couneilraan
L{organ arrd unanlnously carrS.od on ro11 call.
ruSOLUTlONS
25
SOLUTfON lI0. 54-62 trA ResolutLon Dlrectl ng Freparatlon ofInvestlgatlon Report under Dlvlslon 4 of the Streets and Hlghways
Code, Br.oadway Parking and Llghtlng Distnlctr was introducedfor passage on motlon of Councllman Martln, socond.ed by Councll-
man Johnson and unanl,mousIy carrl ed on ro11 caII.
ORDINANCES - ConsLtleratl on thereof:
ORDfNANCE N0. ?58 'An Ordlnance Amendlng the Ord.inance by Add.lngE?ET6T;-5:[-ToE"I rrr of the ordlnance codo and Providlig for ttre
Tnansfer of th6 Assessmsnt and Tax Collectlon Dutles of the Clty
Assessor and. Clty Tax Collector to the Assessor arrd. Tax Collectonof the County of San ldateo and Ropeallng A11 Provlslons of the
Ordlnance Code ln Confllct Therewlthn was before Councll for
seconal r€adlng.
lilrs. Wl1l1am J. Eartung, 2616 E11lslde Drlve, expressed. her obJectto the propos€d transfor, statlng that the saving d.ld. not justlfy
the Lnconvonlenco to th€ loca1 taxpayer by havlng to pay boththe Clty and the County tax at one tlrn6, the delay to the Cltyln necelvlng the tax collectLons fi:om the Gounty and the posslble
hlgh rat 1o of tax ilelJ.nquency.
Itb. Donald Norrahl, real e state salesman, Iitr . Wllllam Cole gnd
Ivb. Edwar.d S. Coakley each oxpnessed their personal obJectlon.
Speaklng ln favon of the County assumlng the tax servlce, wor"o
1Y1111am Slilebotham, nepresentlng the San lvlateo-Burllngame Industr"lalAssociatLon and Ge orga Keystone, Jn., Director, Governmental
Resoanch Assoclation.
In rosponso to the Chalrts lnqulny coniernlng tho cost of pur-
chaslng an adequate accountlng machlne to perform the senvlce lnthe Clty llall- offices, the Clty Manager. flr.st referred to a recenttabulatlon subnlttett to Councll, whereln he LndLcated a curr:ent
cost of approxlmately $19,ooo.oO to melntaln the servlce; $6rO0o.oOof wblch representod tout-of-pocketn oxpendltures (acld1t1ona1 por-
sonnel, postage and supplies) and the balance representlng salaryellocatlons to neguJ.ar offlce personnol asslgned to tax assessment
and tax collectlon dutles.
The Clty Manager advl-sed that a $lsroOo.oo accounting machLno
rnachlne would not ilecnoase tho current expendlture sufflclentlyto Justlfy 1ts purchase, the transfen wouLd elLmlnate consld.er-able dupllcatlon of the work and the Countyts cost to provlde
tho servlce ls set at a n6m1na1 rate by State Law.
Councllman Crosb;r, Councllman Ivlartln and Councihnal Johnson each
expressed concurr€nce nrlth the r6commenietlon to transfor the
sonvlces to the County.
Councllman Morgan stated that he has never questloned ths efflclencyof the system proposed or has he felt that ihome rule was belngvlolated: the S6T000.OO tout-of-pocketn expondlture was sufflcient
reason to reverse hls provlous posltlon. Counclfman Monganstated that he dld not agr6e, howevor, wlth the stateraont that the
sum of $Lgrooo.oo wl]-]- be eaved 1n personnel costs.
In neply to Councllman Morgants lnqulry, the Clty idaneger edvlsedthat lf approved., the tnansfer w111 not occun untl1 the 1963-1964tax perlod at whlch tirre tho $6rOO0.OO would not be ineluded lnthe budgot for that fLscal year.
Mayo:r Lorenz, acknowlodglng that a savlng woul-d. be real-Lzod and
observlng that 1f the servLce pr:oves to be other than satlsfactory,Courcll may rescind its a ctlon, lndLcated that he would voto forthe pnoposed transfer.
C otrnc llman Jolrns on moved ttrat ORDINANC.|, NO. 758 pass lts s e condcarrl edreadlng and adoption, second.ed-Ey e oun-cffnan lErt in and
28
by the followlng roll- ca)-l vote:
Ayes: Councllnen: Crosby-Johnson-Lorenz-Martin-MorganNoes: CourtcLlmen: None
Abs ent C owrcl l-men : None
O8DINANCE ti0. ?59 rrnn Ordlnance Amendln g Section 825 of the
or.dlnance eodG oT the Clty of Burllngame By Deletlng trtom DLv-lslon H the t/Yord.s rDeputy Chief I and by Substltuting the worittCaptalnrrr was gLven Lts second readlng and on motlon of Councll-
xran Morgan, seconded by CouncLlman Martin, salal Ordrranee passed.its second readl-ng and was ad.opted. by the f ollor.rlng vote:
Ayes: CounclJ-men: Crosby-Johnson-Lorenp-Martin-MorganNoes: Councllmen: None
Absent Councilmen: None
REVTSION PROFOSD ]N PART X OF OFDINANCE CODE
Reference was mado to Resolution 1-62 adopted by the Plannlng
Commlssi.on, recommendlng the Revision of Dlvisions, 3, 4, 7, lO,
1l- and 12, Arti-c1e 50 Part X of the Burllngame Ord.lnance Code.
In conformance wlth 1ega1 requirements, a hearing on the pro-
pos6d changes was scheduled for Council hearLng, JuIi 16, 1962,
Courreil Chambers, 8: OO p.m.
UI{FII{TSHID BUSINESS
1. TNSURA].ICE PROGRA},I FOR LAVf E}T'ORCEI{ENT OFF]CE6
Corurcilman Johnson reported prlogress on a study to be cond.uctedto provide an adequate Lnsu::ance program for pollce offLcers.
2. PAYROLL TRANSFT]R
1. ACKNOTJLDG],IE!'ITS
Councll acP.nowledged a communLcation from the Natl onal- Assocl--
atlon of Letter Carrlers, dated June 6, 1962, expressing appre-
clation for Council action in providlng a table in Ray Park
for the convenlonco of letter carriers duning the l-unch hour
and a memo from the Po]lce Chief, commendlng the men ln his
department for thein part ln tho investigatlon, l-dentlfleatlon
and approhension in a recent assault caso.
2. PRO?OSED WASi{ ROOI{ FOR PARK DEPART},IENT
At the request of Councl1man Morgan, the City Manag€r was
structed to ascertaln r,r,he the r the socond story of the O1d
riage House in Washlngton Park may be converted for Park
personnel usage.
Ln-
Car-
The Clty Manager advised that the cost to transfer t hrir payrolJ.
service to the Bank of Amerlca vould approxlmat€ an anrrual sumof $5rooo.oo. Council deferred action on tlr€ proposal.
Counci Iman Martln advised that an Ltem has been placed Ln the
proposed 1962-1965 budget to Lnstall panels ln the Cltyt" ""-countlng machLno to process payroll checks.
A motion was Lntroduced by Councllrnsn }{artln authorlzing theClty trrlanager to negotlate with the Bumoughs Company to pur-
chase and Lnsta11, lf feasl,bl-o, appropriate panels to orocess
the payro11. The motion was seconded by Councllman }lorgan and
unanlmously cart led.
NEIW BUSINESS
27
3. ATTOR}TEY AUTHORIZD TO DEFEND CITY
A commrnlcation from th6 Clty Attorney, d.ated June 18, 1962,
r'6questl-ng authorlzatlon to dofond. the Clty in an action brought
by the owners of property at 28L7 Trousdale Drlve, wa.s con-
curred 1n on motion of Councl lrran Mantln, seconded by Councll-
man Johnsca and unanlmously carnLed.
CLAIIdS
Claims, Month of June, 1962, Nos. 7?O4-7890, ln the amount of
$12Or026.45, duly audlted, w€r6 approved, for payment on motlonof Councl Iman Crosby, seconded by Councllman Johnson and un-
anlmously can:led.
PAYROLL
Payrol)- warrants, Month of May, 1962, Nos. ?561-8024, wero
approved on rnotlon of CouncLlnan Cr:osby, soconded by Councll-
man Jobnson and unanLmously car?led.
ADJOURNI{E}flr
Th6 neetlng was declaned regularly adJourned at IO:25 p.m.
Respectfully submLtted,
IIERBERT K.ITt}City Clerk
APPROVED 3(r*lt#*o
,p9EPH rr. LonENz, / MAYOR