HomeMy WebLinkAboutMin - CC - 1961.04.17260
Burlingame, california
April 17, 1961
A regular meeting of the Burlingame city
above given date. l4eeting called to order
Morgan in the chair.
CALL TO ORDER
PLEDGE OF ALLEG IANCE
At word from the Chair, all
the Pledge of Allegiance to
council was held on the
at 8:00 p.m., - Mayor
in the council Chamber arose and gave
the FIag.
&OLL CALL .
Present - Councilmen:
Absent - councilmen:
Byrd-Johnson-Lorenz-Morgan
None
I.'IAYOR MORGAN COMI'IE}JTS
l"layor Morgan advised that the nreeting on this occasion would terminate
his year's chai.rmanshi.p of the City council and llayor of the City
of Burlingame and voiced his appreciation and gratitude to the
members of the city council, City staffs and the newspapers for
their assistance and cooperation. In giving a brief resume of the
major accomplishments achieved by the Council the past year, llayor
I{o rgan expressed his assurance that the council ltiIl continue its
activities to make the City of Burlingarne an outstanding community.
MINUTES PREVIOUS I"IEETfNG
Etre minutes of the previous meeting of April 3. 1961, were unanimously
approved and adopted on motion of Councilman Johnson and seconded
by Councilman Lorenz.
Ttre mintes of the adjourned meeting of April 8, 1961. were unani.mously
approved and adopted on motion of councilman Byrd and seconded by
Councilman Johnson.
councilman Johnson, in referring to the minutes of the Special tleetingApril 10, 1961, expressed her objection to certain phases of the
Howard Avenue property as a future poJ-ice station site and statedthat she was j.n favor of only that portion of the motion pertaining
to l-egislation affectj.ng the sale of bonds.
Ttre minutes of the Special Meeting, April 10, 1961, were thereafter
approved and adopted, with the comnents of Councilman Johnson noted,
on motion of Councilroan ayrd and seconded by Councilman Lorenz.
A communicatj"on from Enunett G. Fitzpatrick, Assistant Public Relatj.ons
l'lanager, Southern Pacific Company, dated April 11. l-961, requesting
an opportunity to appear before the City Council to present a matter of
mutual benefit to the City of Burlingame and to the Southern Pacific
Company, was acknowledged.
Ur. Fitzpatrick, in attend.ance, v,ras invited by the Chair to make hispresentation.
fhe Council was apprised of the intention of the Southern Pacific Companyto acquire rights, througb, stock ownership, of the l{estern Pacific
Railroad Company and to solicit the assistance of the Council in
urging the Interstate Corunerce Commission to grant the SouthernPacific Companyrs petition to acquire such control.
A map was displayed designating the railroad lines through California.
Nevada and sections of Utah and attention called to the parallel
track li.nes in various sections operated by both compani,es.
COMII,IIJNTCATIONS
1. SOUTMRN PAC]FIC CO]'IPA\IY PROPOSAI,
26L
Cormenting in some detail, Mr. Fitzpatrick advised that j.t is proposedto coordinate the faciLities of the two railroads, but there is nointention to elimj.nate the name "western Pacific" and any actiontaken shall be subject to the approval of the fnterstate Corunerce
Commission.
Mr. Fitzpatrick furttrer advised that the request for endorsenpnt
was notivated by an announcement made by the Santa Fe Raj.lroad
Company of its intention to petition for control of the Western
Paci fi c.
A resolution, proposed as a gruide to appropriately endorse theproposal was read. and presented to Council.
Following a brj-ef discussion, Councilman Byrd introduced and movedthe passag e of RESoLUTIoN NO. 18-61 "Relative to a southern Pacific
Company Proposal to Acquire Control, Ihrough Stock Or,rnership, of
the western Pacific Railroad Company " seconded tY Councilman Lorenz
and unanimously carried on ro11 call.
PROPOSED PI,ANS FOR POLICE STATION
In reply to council inquiry, the City Manager advised that the archi-
techts for the new Police Station have sutrnitted four schematic plans
for the construction of a police station and in his opinion.
Schematic PIan No. 2, in t].e preliminary estimated anpunt of
$l-78,00O.O0 appears to be the most feasible; the tl'pe constuuction
provides for a tr^,o-story structure and a parking area beneath the
structure to accomod.ate twenty-four cars.
Mr. zahm, one of the architects, at the request of tlte Cj-ty Manager,
and for Council information, advised that the original 0,650 square
footage proposed is considered too smal1 and an area of 8.300 stluare
footage will not be required, thereby increasj-ng the original budget
figure .
Ehe architect, for purposes of clarification, made the following
presentation:
Ori inal- Bu et
Land
Equipment
BuildingArchitects fee
Total
Increase
Additlonal square footage..... . . $
LandLift, BuildingFire zone I (to conform)Arachitects fee (increase) .....
Total
(3,650 sq.ft. )
18,000.OO (to 8.300 sq.ft.)
3, 000.00
9, 700 .00
3, 000 . 00
2,400.oo
36,100.O0
$ 60,000.00
15, 000 . o0,f6,ooo.oo
t2,o00.oo
$240, 000.00
$
Cecil l{e11s, soil expert, was introduced and read from a report sub-mitted }Dr his office to the architects on the preparation of a soiltest prior to construction and at a fee approximating $225.00.
A motion was thereafter introduced by councilman Byrd that the City
llanager be authorized to order a soil test to determine the load
bearj.ng capacity in a sum not to exceed $225.00, seconded. by Councilman
Lorenz and unanimously carried.
Following a brief discussion, Councilman Byrd further moved that thearchitects be authorized to further develop Schematic PIan No. 2 andpresent to Council at their earliest convenience. seconded by
Councilman Lorenz and unanimously carried.
councilman Johnson, speaking on the question, withdrew her previousobjection concerning the size of the proposed l-ot but urged that Councilexercise caution in order to keep the "cost in line as voted upon bythe people. "
282
Ihe City Manager, in reply to tle.Chai-r's inqui-ry'- stated t}at he
fria no oljecti6n t" if," pr-oposea site; hovrever, he hoped ttrat the
cost would not exceed. thL oiiginat budget of $24O,000'00'
Avoteonthemotionbyrollca]-Iwasrecordedasunanimous.
c oMI.IUNICATIONS (Cont.)
PORT ON SOCIAI SEC URITY COVERAGE2
a detailed recommenda-regular meeting.
A conununication from the City ltanager, dated April 14, 1961, advised
that an investigation indicates that employees not eligible for
participation ii the State Retirement System may.be co_vered by Social'i"""ii* and an outline of the proced.ure to obtain such coverage j.s
available for council studY.
Itre subject was referred to ttre City Uanager
council-Employaee representative to study and
to council .
and to Councilman Johnson,
submit a recommendation
3. HOWARD AVST{UE TRAFF IC (I^Iest of Highway )
A remo to CounciI, dated April 14, L96L, from the City llanager, advised
that (1) the Police Department is currently conducting an investigation
on complaints received concerning excessive speed in the Howard Avenue
area, vrest of EI camino Rea1, and (2) sadar. equipment costs approximate
$2,500.00 and will be included in the preparation of the forthcoming
budget.
A verbal repolrt from the city l,lanager advised thattion is anticipaLed for Council action at the next
4. EXECUTION AGREEI'IENT RE: SURPLUS FIINDS
A communication from the city l{anager, dated April 13, 1961, recommendedthat Council authorize the execution of an agree[Ent presented bythe County Engineer in order that the County may release excess
assessment district rnonies in the anount of $120.84, for street
maintenance purposes.
Councilman ,fohnson moved that the Council concur and introduced for
passag e RESOLUTION NO. 19-61 "Authorizing Agreement Between the Cityof Burlingame and County of San Mateo for llaintenance of Public
Improvements Constructed Within Burlingame Terrace Subdivi.sion "
seconded by Councilman Lorenz and adopted unanimously on roll callof members.
REOTIEST FOR EI.,1PLOY'ITIENT OF "IIETER MAID ''
A memo to Council from the City Uanager, dated April 13, L961, advisedthat the Chief of the Police Department has suggested that a "MeterMaid" be employed as a non-classified ernployee for a trial period of
one year.
l[he City Manager further advised that a saving in the amount of
approximately $2,028.00 would be reaLized and the servj.ce would i.ncludeonly the Burlingame Avenue, the Ho\^rard Avenue and the Chapin Avenuearea. It was the recorunendation of the City Manager that legislation
be directed outlining the terms and specifying the agreernent to a ione year trial .
Councilman Johnson and Councilman Lorenz. each. in turn, expressed
concurrence with the proposal as recomrnerd.ed.
lrlayor Morgan sugges€ed that the subject be elplored further, withconsideration given to the employment of eithbf a veteran, a handi-
capped person or one in financial need- j:.
Elie city lqanager stated that from a standpo5.nt of ef ficiency,...it would
be more advisible to have a woman and the use of uomen in thiS'typeof service has proven highly satis fact'or3], in other cities., ..;
5.
263
councilman Byrd stated that in his opinion, it wouLd be more
advantageous to have a fully uniformed officer on duty to perform
" any and all tirpes of police work " and avaj-labl-e at al-1 times hhould
an instance of ernergency arise; further, that a "police job is
peculiarly adaptable to nen. "
Mayor Morgan concurred in general with the statements of councilman
Byrd, adding further that he was opposed to employing personnel
on a non-cl-assified basis and in hj,s opinion, such employment was
contrary to Civil Service procedure.
Ihe subject was held for fi:rther study.
6. REQUEST TO RENT C IIT PBOPERTY ITETD
A memo from the City uanager, dated April 12, 1961, advised that a
request has been received to rent city property on California Drive
adjacent to Fire Station No. 1 for the purpose of retailing fireworks
from June 28 to July 4, L96L, in the sum of $100.00.
Questioned by the council, .the City Manager advised that the Fire
Chief has made no comnitment concerni.ng the use of the property for
the purpose fequested.
Following a brief discussion, the subject was held for study and
action at a later date.
A memo from the City fianager, dated April 14, 1961, advised that a
repl-y has been received from J. P. Sinclair, Assistant state Hi,ghway
Engineer, indicating that consideration will be given to the City's
request that the State redesign and rebuild the Broadway-Burlingame
Interchange. fhe report and accompanying communication from theAssistant State Highway Engineer was aeknowledged and placed on file.
8- WAGE STABILIZATION-FRINGE BENEFIT PROGRAIII
A memo from the City Uanager, dated April 14, 1961, advised th at. a
deadline on the adoption of the North county Council of cities wage
Stabilization and Fringe Benefit Improvernent Program has been
scheduled for May 1.
Councilman Johnson, Chairman of the }trorth County Council of Cities
icage Stabilization-Pringe Benefit Comrnittee, reported that at a
meetj"ng in south san Francisco, April L4, L96L, all cities were
represented witf,r the general consensus being that the proposed program
was an acceptable one and that a uniform resolution would be sub-
mitted to councils of each City for action prior to or on l4ay 1,
19s61.
9. REPORT ON CITIZEN COI{PI,AINT
A memo to Council, dated April L4, J-961, reporting on an investigationof complaints sutmitted by Mr. william No1te, 146 Crescent Avenue.
roas ackaowledged and the contents of said report referred to Mr- Nolte,present on this occasion.
RESOLUTION NO. 20-61 "A Resolution Amendin g Resolut j,on No. 55-60Providing for the fssuance of Bonds, fire and Pol-ice Bonds of 196O"
vras introduced for passage on rnotion of Councilman Byrd, secondead by
Councilman Lorenz and unanimously adopted on roII call.
RESOLITTfON NO. 21-61 "A Resolution CalJ-ing for Bids on Bonds - $175,000Eire Bonds and $1OO,0OO.OO Police Bonds - Fire and Police Bonds of
1960" \,ras introduced for passage on motion of Councilman .fohnson,
seconded by Councilman Lorenz and unanimously adopted on rol-1 ca1l.
7. REPORT ON BROADWAY OVERPASS
;lESOLU'TTONS
264
oRDINANCES - Consideration thereof:
ORD INANCE NO. 737 "An Ordinance Anending Section 1999.1. Article 51,Part X, of the Ordj.nance Code of the City of Burlingame, providing
For the Establishment of Fire Zones Within the City { Withdrawinga Portion of Lot 6 and Iots 7, 8, and 9, Block 13, Supplenentary
Iqap to Map No. 1 of the Town of Burlingame From Fire Zone III andIncluding Said Lots in Fire Zone II" was given its second reading
and on motion of Councilman Johnson, seconded },!, Councilman Lorenz,said ordinance passed its second reading and was adopted try thefollovring vote:
Ayes:
Noes:
Absent
Councilmen:
Councilmen:
Counci l-men:
Byrd-alohnson-Lor enz-It{or gan
None
None
I. CIIY OF BENEC IA ,R.EO IJEST RE: NAVAL ARSENAI
Ivlayor Morgan advised of receipt of a corumtnication from the Cityof Benecia soliciting the assistance of cities by requesting thatletters be forwarded to their respective senators protesting the
removal of the navy arsenal from the West Coast. Tll:te City Manager
was instructed to forward appropriate conmruni.catj.ons as requested,on motion of Councilman Johnson and seconded by councilman Byrd.s
2. FESTIVAI ASSOCIATION EQUIPI{E}IT
Reference hras made by tl:e Chair to aFestival Association, Inc. notifying
equipment now being stored at Bekinsto the city.
communication from the Burlingamethe City that all rights to the
on Broad$ray have been relinquished
Councilman Byrd moved that the property be accepted in the nane of
the City of Burlingame and that Bekins be notified that future
storage bil-ls shal-l- be assumed by the City of Burlingame. Ttre
motion was secondeil by Councilman Johnson and carried, !,rith
Councilman Lorenz, voting "no. "
3. REVISED CIVIL SER.VICE R.ULES & I-{EGULATIONS
A cornmunication from Ed$rard Hevey, Chairman, Burlingame Civil Service
Conrnisaion, dated April 14, 1961, advised that subsequent to a meetingwith representatives of the Burlingame Police C1ub, April- 10, 1961,the members of the commission unanj.mously recommend.ed tJ:at the proposedCivil Serviee Rules and Regulations remain unaltered. Ihe conununication
advised that relative to Rule No. l-8 "Right to outside I^Iork " the
Conmission referred to the wishes of Council, with the commission
having "no firm conviction. "
councilman ,fohnson reported at sonE length on the conferences held in
connection vrith the proposed revisions, with the city Manager, theCivil Service Comnission, representatj.ves of the Errployees' Association
and representatives of the Burlingame Police club and more particularlywith the latter group on the proposeil "Right to outside Vlork " ru1e.
councilman Johnson advised that a proposal to limit outside employment
to a maximum of twenty hours per week, with days off excepted, appeared
satisfactorv to the Police Club and subsequentlv the rule was removed
from the PoLice Department Rules and Regulations and, to make it a
"city-wide" policy, Rul-e No. 18 was incorporated into the General
Civil Service Rules and Regulations.
Counci.lman ,fohnson advised further that a recent communication received
from the mernbers of the Police Department indicate their opposition
to the incorporation of the rule into the General Civil Service Rules
and Regnrlations; however, in her opinion, the proposed revised
rules and regulations are acceptable for council action.
Councilman ilohnson thereupon moved that the Civil service Rules and
Regnrlations, as amended, be adopted, seconded by Counci l-man Lorenz.
UNFTNISHED BUSI},IESS
265
on the question, Mayor Morgan advised of his objeetion to the rulepertaining to outside emplolment, stating that in his op5-nj-on, it is
"unconstitutional to stop an employee from engaging in outside
emplolrment " and further it appears inconsistent to permit councilthe right to establish a policy and power to approve or rejectgiven to another. !,layor Morgan stated that in his opinion, a rulepertaining to outside emplol,'ment ghouldl not be included in rules
and regulations.
Councilman Byrd spoke on the necessity of adopting a set of rulesfor guidance purposes and stated that he personally, had no objection
to the City Manager or a department head being empowered as stipulatedin Rule 18.
Following further discussion, the Chair ciI1ed for a vote tpr ro11cal-I, recorded thereafter as follows:
Ayes:
Noes:
Counci lmen : Byrd-Johnson-Lorenz
councilmen: llorgan
4 . PAN AI\,IERICAII LIJNCITEON MEETI}.IG REPORT
Couneilman alohnson reported on her attendance at a recent l-uncheon
meeting of the San llateo County Pan American Society as a representativeof the City Council.
fhe City Uanager l,ras requested by theof providing a pedestrian cross-lra1k
Avenue and Marco Pol-o Way.
to ascertain the meri-tsintersection of Trousdale
Chairat the
DONTIE AVENI'E
A brief discussion on the subject of creating DonnelLy Avenue into a
tlvo-vray street was initiated blr Councilman Lorenz, wlto advised that
an informal survey indicated no major objectj.on to the proposal, holrever,the owner of Kim's Restaurant suggested that parking be permiitted onboth sides of the street after 6 p.m.
Questioned by the Council, the Chief of Police, in-attendance,
reconmrended that parking be permitted on one side only at all times.
Upon advice from the City Attorney that the necessary legislation has
been prepared, Councilman Lorenz introduced and moved the passage of
RESOLII]ION NO. 22-61 "Rescindin g Resolutl.on No. 18-47 and Establishi,ng
Donnelly Avenue as a T*ro-Way Street, Effeactive May 15, 196l-" secondedby Councilman Byrd.
A ro11 cal-I vote on the motion was recorded as follors:
Byrd-Lrenz
dlohnson-Uorgans
a maj ority vote rras ileclared void.
PARKIISG LOT
Reference hras made to a merno from the City l{anager, dated April 14
1961, concerning an offer received to selI a vacant lot at the cornerof Donnelly Avenue and L,orton Avenue in the sum of $55,00O.O0 submittedby Harry D. Lehrfeld, agent, in behal-f of his client, Edward W. I'homas,owner of said lot..
Ayes: Councilrnen:Noes: Councilnen:
Ihe resolution, failing to pass by
7. DONNELLY AVENT'E-LORION AVENI'E
councilman Byrd, noting that there vras an elenentof the owner to sell the property. stated that anobtained by the City, prior to Council action.
of urgency on the part
appraisal shoul-d be
Counci lman Johnson concurredof the property, provided an
Counci lman Lorenz alsovacant property for an
anto
and expressed her interestappraisal is satisfactory the acquisitionthe city.
expressed his interest in the purchaseoff street parking facility.of the
5. TROUSDALE-MARCO POLO CROSSTNG
266
the Chaj.r recognized Mr. Lehfeld, who advised that because ofcircumstance, the offer terminates as of the following date.
Follohring s ome discussion, Councilman Lorenz moved that the subjectbe referred to the City Manager, lrrith a view that the property willbe considered for purchase, provided the owner expresses hiswillingness to extend the offer to seI1 until such time as theCity obtains and accepts an appraisal of the property. Ihe
motion was seconded by Councilman Johnson and unanj-mously carriedon ro11 cal1.
In reply to Counci-I inquiry, t}re City Engiineer advised that the
drainage probJ-em on Burlingame Avenue, particularly in tl1e areaof PriJnrose Road. has been created by the Telephone Company's usebf suirp pumps and the deep excavatj-on of the company's new buildingaddition. ILre City Enqi neer advised that catch basins will beinstal-Ied beyond the Primrose Road crosswalk to remedy the situationwithin the next several weeks.
Mayor Irlorgan urged the electorate to exercise their privilege and
vote at the forthcoming April 18, 1961, Consolidated School and
County Charter Amendment Elections.
RES IGNATION COMMISSIONER KEN WEST
llayor lr{organ announced the resignation of Ken West, Recreation
Conmj.ssioner. who is moving his residence from the City of Burlingame.
Councilman ilohnson moved that the resignation be accepted and a
comrm:nication of appreciation transmi,tted to Mr. west. lEhe notion
was seconded by councj-lman Lorenz and unanimously carried.
REOTJEST FOR POLTCE RULES AND REGUIiATIONS
l4ayor Morgan requested that a copy of the Police Department Rules
and Regulations be submitted to each member of the City Council.
EI,ECTION CHA I R,MAN-UAYOR
Councilman JohnEon praised llayor t4organ for his leadership and
activities in pursuit of his duties as chairman of the council and
as Mayor of the city of Burlingame the past gear.
Councilman Byrd comnended Mayor Morgan on the successful conclusion
of Council's twelve-point program announced at the beginning of Mayor
Morgan's term and on behalf of the members of the City Council,
presented outgoing Mayor Morgan with an appropriately mounted gavel
set. councilman Lorgnz also expressed his concurrence with the
statEments of both C5uncilman Johnson and Councilman Byrd.
Councilman Iprenz thereafter placed the name of Andrew C. Byrd in
nomination for the position of chairman of the city council and
Mayor of the City of BurLingame for the ensuing term.
Itrere being' no further nominations, councilman Byrd was ;unanimously
elected.
ELECTTON MAYOR PRO TEMPORE
Councilman Johnson placed
for the position of l*layor
Joseph H. Lor enz in nominationfor the forthcoming year.the naIIE of
Pro Tempore
fhere being no further
e lected.
nominations, councilman Lorenz was unanimousl-y
lilerly elected Mayor Byrd accepted his position with a few appropriate
words and introduced !lrs. Marianne Byrd, his wife, Mrs. Lillian Kelly,
his mother and Miss Kathleen Byrd, his daughter, members of his family
in attendance.
8. BURLINGAIIE AVENUE DRATNAGE PROBLEM
SCHOOL EI,ECTTON
267
CLAIMS
A claim for "Church for Refund and Cancellation of Taxes "
submitted by Peninsula Teryle ShoJ-om, was referred to the City
Attorney for review and repoat to Council.
claims, I{onth of April, Nos. 5322 - 5469 - in the total amount of
$63,601.42, duly audited, were approved for payment on motion of
councilman Uohnssr and seconded blr Councilman Lorenz.
PAYROI.T
tayroll warrants, Monthof l{arch. 196I, Uos. 1386 - 1597, in thetotal amount of $85,327.95, were approved on motion of Councilman
Johnson and seconded b!. Councilman Lorenz.
ADJOURNIV1EN?
Ihere being no further business, the meeting was regnrlarly adjournedat 1O:40 p.m.
Respectfully submitted,
Tcity clerk
APPROVED:
Andrew C. Byrd
Ilayor
/"/rr-Ze'/P/