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HomeMy WebLinkAboutMin - CC - 1961.08.21313 Bu:r1lngame, Callfo::nla August 21, 1961- CALL TO ORDER A regular meetlng of the Burllngame City Councll was held on theglven date. Meetlng called to or:der: at 8:0! p.m., - Mayon Byndthe Chaln. above 1n PLEDGE OF ALLEGIANCE At wond from ths Chaln; all ln the Councll Chamben arose Pledge of Alleglance to the F1ag. and gave the ROLL CALL hesent - Councllnen: B5a.d - Johns on-Lonenz -Mar t ln-MorgenAbsent - Cor:nc11men: None Mayon'Byrd, on behalf of the City Courrcl1, welcomed the return of Councllman Lorenz, absent fnom pnevlous meetlngs due to l11ness. MINU?ES PREVIOUS MEETING Actlng upon the request of the Clty Attonney, paragnaph I of ltemNo.2, ln the mlnuies of Augus t ?, a961, n0anol Avenue Sldewalk In-stallatlon Approvedrr iras re-worded to recor"d rfThe City Attonney advlsed that rln new subdi.rlslons it ls not uncommon to locate the sldewalk adJacent to the curb, as has been done 1n the Ray Par:k arear.rr The minutes were theneaften unanlmously appnoved and adopted. NEW POLTCE STATION Mayor. Byrd surunanlzed the dlscusslon held at the Councll study sesslonprlor to the regular: meetlng, whereln CounclL was advlsed bl/ thearchltects that the plans and spectflcatlong for: the constnuctlon ofthe new Po1lce Statlon, excludlng the basement, are ln consldenable excess of the amount establlshed by the Bond Issue. The Chair advlsed that the dLseusslon would be contlnued to determlnethe basls whereby Counctl mey authorLze the adver.tisement of bLds. V. G. Wandmayen, AnchLtect, advlsed that the pnepanatlon of two drawlngs, one lncludlng the bas ement and the other wlthout the basement, would lncr"ease the anchltects fee an addttlonal . 1r200.00 and the inclusLonof the basement would lncnease constrctlon costs approximately $2Or0OO.0O. Reference was mede to the app::ova1 of ttr e prellmlnany plans by the StateFlre Marshall and the nequfuenent of that Offlce that spnlnklens be lnsta1Ied ln the garage anea of the buildlngo Some dlscusslon anoso on the subJect of the sprlnklers wlth Councll advlsed that an enclosed stafu:way, lnstead of s p::lnkletts r could be lnstaLled at a savlng of Sl+1500.00. l,ln. Wandmayer advlsed that hls offlce shall per.sonally de11ver. the plans and speciflcatlons to the Flne Marshall with a request that the matter be expedlted and advertlslng for blds occur upon recelpt of f1na1 appnoval from the State ag€ncy. Iuft'. Wandmayen stated that the motlon to pnoceed wlth the adverttsement of blds should lnclude dlsposltion of altennates, !,. e. spnlnklers, afu condltlonlngr- etc. Questloned by the Councll, Poli-ce Chtef Lo11ln stated that he had no preference on the 1nsta11atlon of elther the spnlnklers or the aln condltlonl,ng; hor 6ver!, ln hls opinlon, the lncIwlon of e basementln the plans ls essentlal. A po1l of th6 Council thereafter on the Lncluslon of a besement Ln the proposed p1ans, nesulted ln the follorrLng vote: Ayes: Councllmen: Johns on-Lorenz Noes: Councllmen: Byr.d -Man t ln-Mongan .B14 Followlng fu::then dlscusslon, Councllman Martln suggested enoutllne to pr:oceed, as foLlows: (a) Appnoval of plans on this date; (b) Pnoposal sheet to lnclude such ltens as the comrmrnlcatlons tower, aln conditlonlng, gas tank,sprlnklers and lockers; (c) Submlsslon and app?ovel of plans byState Flne Mar:shall and the (d) Advertisement for blds. Councll- concurrlng, Councllman Mantln thereafter moved that Councll accept plans as submltted, saLd plans to be dellvened to the State FLre Ma::shalLrs Offlce and upon lts approval, the Clty C1-enk be Lnstnucted to advertise for blds as outllned. The motLon was seconded by Councllman Mongan end unanlmously carrled. The Clty Attor"ney advlsed that the architects t fee ls compensatedby Bond Issue funds and costs exceeding the Bond fssue, sha11necessltate a modlflcatlon of Contract. The Clty Attorn€y was authorlzed to collaborate with the Clty Manager and the archltects on an appr:opr'late modiflcatlon of contr.act. POLTCE RTFLE RANGE Cotrncllman Mongan lnitlated discusslon on the poll-ce rlfle range,statlng that he had recelved word fnom a cltlzen that the shootlng range had been closod. In neply to Councllman Monganrs inquL"y, Pollce Chlef Lollln advlsedthat lead trs1ugs" had been found ln the srea of the Dlsposal Plant appanently rrlcochetlngrr fnom the shootlng r.ange and that the rango had slnce been closed untll the hazand may be rectlfled. Th€ Clty Managen advlsed that he had necelved the report f::om the Pollce Department and hed reques ted an lnvestlgatlon and fr:rthen report wlthLn a ten day penlod. Counc llman Morgan stated he could not hazar.dous fr:nctlonrr and that the r:ange lnmedlately and Councll so notlfied. ItJustlfy the occupatlon of a should have been closed A bnlef debate between Councll members and the Clty Manager on Councll bel-ng advlsed of such matters, was conluded wlth the Clty Managen nequested by the Chafu to submlt an lnformatl ve repont at the next regular meetlng of Cor:ncl1. C OMI,IUNT CATI ONS 1. BUILDING REQUEST REFIERRED TO PLANNING COII,IMISSION A communlcatLon from tlre Clty l,4anagen, dated August 17, a961, advlsedof r"ecelpt of a commr:nlcatlon fr.om l!tr. Chandler M. Sprague, II ,requestlng a bulldlng permlt to construct a second house on tha front por:tlon of his pnoperty, Zoned R-2, located at 911 Paloma Avenue and the r:ecommendatlon of his offlce that the subject be nefernedto the Plannlng Commis slon. Mrs. C. M. Spr.ague, 1n attendance, lndLcated the l-ntentlon of the appllcant by submlttlng a plot plan and was advlsed that becauso of the pecullanlty of the proper.ty, the matten would be referred to thc Plannlng Conrnlsslon fon r"evlew at lts next study meetlng, Septemben 11, 1961. 2.DELTVERY AMERICAN I,AFRANCE PWPERS A eornmunlcatlon f:r om the City Manager, dated Augus t 17, 1951, reported on the dollver.y of two Amerlcan .LaFrance Pumpens from New Yor.k and the satlsfeetory perfornrance of each. Questloned by the Cha!.n, th€ City Managen advised that tho equlpment could be used 1n an lnstance of a lange f 1!'ei howeven, subsequent to fr:rthen tests, fLnal acceptance wl1} be determlned wlthln a penlod of approxlmately three weeks. Th€ report was acknowledged and placed on fIle. -315 ')REPORT ON AIR.RA]D SHELTER EXPE'{DTTURES In r.esponse to a pnevlous Councll lnqulry, the City Manager:, Ln a commrnloatlon dated August L7, ]-96L t advlsed that r:epor"ts lndlcate s ome actlvlty ln Congress to match funds for the constnuctlon of pub1lc alr-reld sheltersi however, detalls have not as yet been made aval1ab1e. The nepor"t was acknowledged and placed on f1Ie. l+. REPORT RE: GREATER ETGHWAYS SUB.COMMITTEE A communlcat lon fr"om the Clty Menager, dated Augus t 17, 1951, advlsed that Mr. Wallace Benson, Chalr.rnan, Gr.eatez. Elghways Sub-Cormrlttee, has addnessed a letter! to al-I Mayo::.s of San Mateo'0ounty, requestlng r"ecelpt of the approval of each Cltyt" panticipatlon ln ths cost of e sn:rvey and tnaff le-ways plan f on San l,lateo County b'r Augrxt 25 t L96L. The comrmrnLcatlon furthe n advlsed that each clty ls nequested to pay a pnopontlonate' share of the cost fnom gas tax funds, speclfically fr.on that portlon of gas tax funds whlch can only be experded fon englneerLng fees and It ls estlmated that the City of Burllngamers shine w111 approxlmate $2r600.00. Refenence was made by the Ctraln to previous dlscusslons held on the subJect by the San Mateo County Council of Mayor.s, advlsing that the comrinrnLcatlon fnom M:r. Benson ls a ]tfollow-up noquestlng Councll to go along wlth e survey to detenmlne the slze and scope of streetdeflclencles 1n the City of Bunllngame at the present tlme.n A po11 of the Councll , followlng dlscussion, lndlcated the members desfue to fonego panticlpatlon ln the survey and the traffle-way p?ogram and Mayor B5rr.d was authonlzed to so advlso the Sub-Cormlttee Gneater Hlghways Cormnlttee at lts scheduled neetlng August 2!. 5.FNEE TRIAL PARKING I'{ETERS AUTHORIZED A memo to Councll, dated August 18, I96L, f:rom the Clt5r Manager, nequested authorizatlon to Lnstall thlrty-thnee new standand Duncan Parklng Metens, on a free trlal basls fon a perlod of foun reeks, to compare thel:r pr.oductlvlty and efflclency wlth the perklng neterscurrently ln u.se. Councllman Johns on moved that Councll concur and that the Clty Managen be so authonlzed as outllned ln hls notLce to Councl1, seconded by Councllman Lonenz . 0n the questlon, Mayor Bynd ne cornmended that the Clty Managen obtalnpanklng mete:: pr:lces from othen sources for comparatLve purposos. Counc l1man Mongan stated that he was lnterested onltlon of me tens ln those areas of the Clty wherein tr ane abus lng par:klng pnlvlleges. Fo11ow1ng funther dlseusslon, the Chain called for a vote on themotlon. The motlon cannled by a maJontty vote, Coimellman Morganrs vote necorded as a nnon vote. The City Manager was nequested by the Ghafu to subrnlt a report to Councll on the number of lots avallable fon meterlng, the lnstallatloncosts, which 1ots, ln hls oplnlon, should be metered and a furtherneport to determlne a po1lcy ln conneetlon wlth tl- lnstallatlonof appnoprlate meters fon na1l dayn panking unago. 6. BO}fB SIIELTERS 1,{X E]GI,IPTTON UNLAWFUL ylnall-the 1ns tella- day pankers rt In 4esponse to Councll r:equest f or" an oplnlon nelatlvc to the exemptLonof borab sheJ-ten constructlon from taxatLon, the Clty Attonney, ln a conmunLc at l-on dated August 14, 195I, advLsed ln part i.. olt ls apparent that unless exemptlon ls cneated by consti.tutlonal amendment by vote of the people, lmprovements of real property, lncludlng bomb and falI-out shelters, ane subJect to tax. No munelpallty has the power to establtsh such en exemptlon whlch the people of ttre state Lave establlshed ln the Constitutlon.n The r.eport was acknowledged and placed on flle. 316 7.EXPENDTTURE OF PI]BLIC MONEYS fn fu:: then response to Councllrs pnevious lnqulny concornlng theIega1lty of the current pnactice of purchasing floirers on plants and sendlng them to cLty off lcer:s, employe€s o? pub1lc dlgnlta::len uponthe occaslons of theLr lI1ness, the Clty Attor.ney, ln a 1etter., dated August Li, 196L, advlsed that in hls oplnlon, lt- is lIIege1 to expendfunds nalsed f:rom the genenal tax levy fon the pur:pose stated. fo substantlate hls oplnlon, th6 Ctty Attonn€y quoted a por.tlon ofAntLcle IV, Sectlon 31 of the Constltutlon of the State of Callfornla,stlpulatlng ln pant ... t'nor shaIl lt (Legtslatu::e) have potrer to make any glft or authonLze the maklng of any gtft of any publlc money or thlng of value-.to any lndivldual , rnrnlcl.pal on other corponation whateve::...' and made further reference to the lU€galttyof sald expenditunes by quotlng excenpts f::om 15 McQul1lan Munlcipal- Corporatlons and fnom l8 Amenican Jurlspnudence. The Ctty Attorney advlsed that hls oplnlon dld not lmp1y that lt wouLd be unlawful for an indlvidual or a group of lndlvlduals to pulehas e and glve flowens on p1ant3 when pald for by voluntarypersonal contrlbutlon. Councllman Morgan suggested that the subJect be explored furtherstatlng that ln hls oplnlon, it rtseems equelly l1lege1 to make agtft of food;n alludlng to the expendlture of each city when hostlngfor lnstance, the Nonth County Couacil of Clties Dl-nner Meetlngs. Mayo:r Byrd acknowledged the di.fference between a so-caI1ed ndonatlonn and the attendance of an offlcer at a meetlng on conference uhereln lnformation necelved 1s beneficlal ln conductlng the dutles ofhls offlce. Questloned by the Ghain, the Ctty Attorney advlsod that there ls adlstlnctlon end a rtpubl5.c attor"neyrt wh6n questloned for a ).ega1 oplnlon, assumes e consenvative posltlon, bea::ing ln mlnd thatIt ls lncumbent upon hls office to nprotectrr a pub1lc agency and Lts r.epresentatlves. Frrnther dlscusslon concluded wlth Mayo:r Byrd extendlng an lnvltatLonto the Clty Attorney to attend the next scheduled meetlng of the North County Council of Cltles, at whlch tlme the subJect may be pursuod further. RESOLUTIONS The folJ.owlng resolutlon wes Councllman Johnson, seconded cannled upon ro11 call: And Jos Cha lntroduced for passag6 on motion of by Counellman Mongan and unanlmously . Byrd, Mayon . Lorenz, Vlce-MaYone Johnson RESOTUTION NO.-51 COMMENDTNG .AND PtrING TRIBUTE TO JIISTINA B. MIIRPItr FOR HER IUAIIT YEARS OF PUBLIC SER1rICE. 'IdI{EREAS, Justlna B. Munphy was flnst employed by the Ctty of Bunllngame 1n June, 1926t on a part-time baslsl and WI{EREAS, Justina B. I'lurphy was enployed by the Clty of Burllngame ln Ju1y, 1928, on a fulI-tlme basls; and WHRREAS, Justlna B. Mur.phy ls about to retfue fi:om the pub1lc se::vlce after thlrty-thr.ee years of honest and efflclent publlc ser:vlce. NOW, THEREFORE, BE fT RESOLVED, by the Councl-1 of the Clty of Bu:rlLnpEame, Ca1lfornla: Seci;lon'1. Tfrat the Ctty Councll hereby commends and pays t:rlbute to trffi-B. Mu:rphy for her meny years of fine publl-c senvice. Sectlon ?. Ttrat the City Councll on behalf of all the cltlzens of ffifffi-nunun l ty extends to Jus tina B. Mu:rphy the heaTtfelt thanks of the people for her flne publlc servlce over all the thlrty-th:ree years. Sectlon ?. That a copy of thls- Re_solutlon be spnead upon the minffi6?--ofrounc 11 ard tfie Clty Clenk ls dlnected to send e celtlfled copy of the same to Justlna B. Mu::phy. wC hEott re epr1 B.R.L.Mant ln Mongan PURCHASE STREET SWEEPER .{UTHORTZED A memo to Councll from the Clty Manager advlsed that quotatlons have been rocelved f:: om suppllers on the pur.chas e of a new stneet sr€eper,as follows: a77 by of Bay Clty Equlpnent Co. l'Ie s tenn Tnactlon Co. . (Elern) $9,167.68(Wayne) 8,705.00 The Councll was advlsed that the ltem has been budgetod and sha11 r.eplace the ten year o1d model cunrently in use. ft was noted that pu::chasing the Wayne Stneet Sweeper, the Clty shalI r"ea1lze a savlng $l{62.58 th:r.ough a tnade-ln allowance. Followlng some dlscusslon, Counc l-Iman Lo:renz moved that the author.lze the purchase of the Wayne Stneet Sweeper, at the seconded by Councllman Johns on and unanlmously cannled. Counc 11prlce quoted, ORDINAIICES - Conslderat lon the!:eof : ORDfNANCE NO. 7l+l+ nAn Ordlnance Amend Ln g Sectlon 1439 of the or"dlnance Code of Chan ged the Vlo lntrodu tbe OItt of Burllngame; Regulatlng the Rates of Fare to befor TransportatLon by Taxlcab; And Pr.ovlding Penaltles for.latlon of Any of the ProvLslons of Thls 0ndinan cen was ced by Councllman Lorenz and glven lts fLnst neadlng. Refenence was made to a commr.rnlcatLon receLved from the Mayor. of Seattle, extendlng an lnvltatlon to l,[ay or Bynd to attend the 38th Annual Amer:lcan Munlclpal Cong:ress to be held ln Seattle, Augus t 26-30, 7961 . Mayon Byr.d was authorLzed to nepr.esent the City of Br:::11nqame at the forth- comlng Conference. APPOINTMENT EDWARD J. LETS COMMISSIONER Mayon Bynd submltted the name of Edwand J. Lels, 101+1 Mo-ne11 Avenuefor appointment as a memben of the Health, Safety & Trafflc Comrnlsslon,to fL11 an exlstlng vacancy. The appolntnent wes unanlmously confllrmed by Councll member:9. UNF'INTSIIED BUS]NESS None NEhI BUSTNESS 1. AI'ISRICAN MUNICIPAL CONGRESS 2. RETIRB,IENT LLOYD WILLIA}8, FTRE DEPARTIUENT Councllman Johnson advlsed Councll of the retlr.ement of Lloyd W1111ams, Master Mechanlc, F1I:e Depantment, after th1::ty-three years servlce endthe Ctty Attonney was Lnstr.ucted to Frepere an appnopnlate rosolutlonfon Councll adoptlon at the next regular meetlng. 3.PROPOSED ANNETATION RTGI{T.OF-WAY PROPERIY Councilman Mantln recomnended that the Clty acqufu.e, th::ough annexatlon,rlght-of-way property owned by the Souther.n Paclflc Company and theClty and County of San Franclsco, fnom the boundary of the Bur:1lngeme Gnove Subdlvlslon north to the M11lbnae boundany llne, CouncLl concunned and the City Manager was requested to lnltlate pnoceedlngs. CLAI}.fS Clalms, Nos. 597o-6L23, ln the total amount of $155,8L7.r+7,'Month ofAugust, 1961r duly audlted, were appr:oved and wa?rants ordered d?ewn on the Clty TreasutT in thelr r.espectlve amounts on motlon of Councllman Lorenz and seconded by Councllrnar Johnson. 318 PAYROLL Pay:roll rarrants, Nos. 2862-3313, ln the total amount of $891775.10,for the Month of Ju1y, 1!61, Here appnoved on motlon of Councllman Lor.enz and seeonded by Counc llman Johnson. REGUL^A,R MEETING. DATE CHANGE Cotrncllman Lorenz moved thet the next :reguIar. meetlng of the Ctty Councll be held on the 5th day of September, 1961, seconded by Councllman Johnson and r:nanLmous Iy can:rLed. ADJOURNMEN! Councllman Mar.tln moved that the Council adJourn 1n memo:rlum to Anthun F. Mattock, f orner: Clty Plannlng Commisslonen, who recently passed ln death and that a copy of the mlnutes be f or"war"ded to Mrs. Mattock. The motLon was seconded by Councllman Mongan and unanlmous ly canrLed . Tlme of adjounnmentr 10:55 p.m. R ctful su d, BERT TEClty C1e?k APPROVED: ANDREW C. BYRD Mayo:r z6W/4-"fuL"