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Home My WebLink AboutMin - CC - 1958.05.05257 CALL TO ORDER A rogulan neetlng above glven date.ln the Chalr. BurPllngame, Ca1lf ornla May 5, 1958 of the Burl lngaEe Clty CounclL was held on Meeting ca1led to order at 8:0O p.m. - Ma t yo her Bfrd PLEDGE OF ALIJGIANCE At word from Mayor Byrd aL1 ln the Council- Chamber arose and gave tho Pledge of Alleglance to the I'Iag. ROLL CALL Pre sent Counc 1lmen : Bynd-Johnson-lr{organ-Rooth-ThayerAbsent Councl].men: Non6 MINUIES PREVIOUS IIEEf, ING The nlnutes of the pnevlous nreetlng of Aprll 21 , 1958, as subml,ttedto members of the Councll f,er!.e unanlmously approvod and edopted upon motion of Councllman Morgen and. seconded by Courr l1man Rooth. C 0I,fMUNICAT IONS RESOLUTION NO. 23-58 rAuthonLzi ng and Dl::ectlng Executlon of Agrpementwlth County of San Mateo for th€ Clty of Bunl- lngana to Idalntaln SanLtary Sower System Wlthln the Burllngame Hll1s Sewer Malnten&ncoDlstrlctf, was Lntroduced for passage upon motlon of Councllman Rooth, seconded by Councllnan Johnson ard unanlinously carrled Lrpon roII call.(Modlflcatton of agneenEnt flom seven cents to eight cents per thousand galLons of vater consurrcd ln Burlingana Hllls Sewon MalntenanceDlstrlct. ) ORDI}iANCES Conslderatlon of: ORDINANCE NO. 675 'Amend.l ng Sectlon 1926 of the Ordlnance Code of theeitr of-Burllngen€ Regulatlng Penmlsslve Uses an d. Pr:ovldlng fon BulJ.ding Regulatlons, Lot Llmitatlons and Lot Requfuements and llel ghtLlmltatlons ln R-l (Flrst ResLdentlal) Distrlcts' was glven 1ts secondreadlng a rxi upon motlon of Cowlcllman Johnson, seconded by Counci.lman Thayen, said Ordlnance passed lts second readLng and was adopted bythe fo1lowl ng vote : Ayes: Councllmen:Noes: Cotrncllmen: Absent Councllmen: Byrd - Johns on-Morgan-R ooth-Ttrayer None l{one CITY MANAGER REPORTS (a)COMME}IDATIOII TO FTRE DEPARTI{E}.IT A cornrmrnl catl on dated hy 1, 1958, was read fnom the Ctty Manager, commendlng membors of the Flre DopartrEnt for outstandlng sorvlcesperf o:rtrBd during e rocent structu.tpal f lre. Members of the Councll aclmorled.ged both the senvlce performd andthe commendatLon rocelved. None RESOLUTIONS 258 (b)PERSONNEL BESOLUTTON AND ORDINANCE ADOPTION Mayor Byrd advlsed that the Clty Manager had been authorlzed at the Cou;c1l study meetlng to present a rosolution and,/or an ordl- nance for: the exparess purpose of grantlng the Office of Clty Manager such authorlty as ls compensatory wlth the dutles of h1sofflce. At the request of the Chair, the Clty !,fianager e:rplalned that the proposod leglslatlon complies wlth the pr:ovLslons embodled ln the model personnel ordlnance recor nended by the League of Callfo::nlaCltles and upon adoption, shal1 enable the Office of the Clty Manager to cerry out the pollclos of the CounclL ln a more efflclent manner. Fol1ow1ng a brlef discusslon, Councllman Rooth introduced. and moved the passag e of RESOLIEION N0. 24-58 nArnendL ng Ru16s 1rII arrd XII of the Clvl1 Service Rules ard Regulatlons and Provldlng for all Appolntments to and Renovals fbom the Classlfled Servlce to be Made by the Clty Manager:r seconded by Councllman Johnson and unanlmously adopted upon no1I ca}1. ORDINANCE N0. 676 rtAmendln g Sectlon 5O6 of the Ordlnance Code of theCIt-y of Buiilngame By Provldlng ttrat Appointments Ln the Classlfled Servlce Sha1l be Uade by the City Manageni ras lntr:oduced by Councll- man Morgan for fl:rst neadl ng. (c ) ELIGIBLE LIST FOR POSITION OF POLICE CHIEF The Chab, ln advislng that the Clty Managen has been requosted toconfer wlth the Clvl1 SorvLce Commisslon and ttreneafter to submlt to Councll a recofircndatlon concorrtlng the examlnatLon for and theselectlon of a Chlef of Pollce, lnltlated consLdenable dlscusslon onthe sub Je ct . Councllman Mo:rgan noted that the Clvll Servlce Comml,sslon Ls em-porored to determlne who shall be e1Lglb1e for examlnatlons forposltlons rlthln tho ClasslfLed Servlce and, ln hls opLnlon, no advantage would be galned by a conference. CouncLlman Morgan urgedthat the Councll take lmngdlate actlon to lnstruct the Clvll Senvice Commlsslon to conduct an examlnatlon for t Lle posltlon of Pollce Chlef. Tbe Councll was advlsed by the Clty Attorney, in response to Councll- man Roothrs lnqulrles, that und€r the Cltyrs prosent ordlnance, tJee type and charac ter of examlnatlon, who may be quallfled to partlcl-pate ln sald exaninatLon and the creatlon of an eliglble llst lswlthln th€ province of the Clvll Servlce Commisslon excluslvely. Councllman Johnson stated that a requost for an eramlnetLon fon theposltLon of Pollce Chief ras prenature and Ln her opLnlon, the Clv11 Servlce Rules ard Regulatlons should b€ revlsod to incorporate theOfflce of the Clty i{anags r thereln. CouncLlman Thayer questLonad the Clty Manager as to whethor he appnoved of the CouncLl lnltlatlng actlon at this tlrm, to rhl clrquestlon th6 Clty Manage::. ansrered affirnatlvely. Followlng flrthor dlscrlsslon, Councllman Mogan moved that the CLty Councll request the Clvll Servlce Commlsslon to prepare a llst f o:!'the posltlon of Chlef of Po1lce, seconded by Councllnan Thayer. Aro11 call vote was reconded as f ollc,rs: Ayes: Councllmen: Byrd-Morgan-ThayerNoes: Councllmen: Johnson-Rooth 259 Councllman Rooth 1n voting tno' expressed the oplnlon that a report from the Clty Managen should have pneceded Courtcll actlon. Mayor Byrd reqrested the Clty Manager to dlsregard prevlous Councll-lnstructlon and, to notlfy the Civll Service Commlsslon of the actlon recorded above. CLAIl'E (a) A rocomrnndatl, on from the Clty Manager, 1n a corutrunicatlon, dated May 1, 1958, that tho cl-aim for alleged storm water dattt ge presented by Fbancls and Evelyn Smlth, 1n the amount of $5,104.85 be reJected and refe:rred to the Cltytg lnsurahce canrler, wag concurred 5.n upon motlon of Councllman Roottr, seconded by Councllman Thayorard unanl mously carrled. (b) A ne c ommendatL on fnom the City Manager that the clalm presented by Luke DavLs ln the amount of $49O.O0 for alleged stor:m wator damage be reJected and neferned to the Cltyts Lnsurancs carrler, was con- cur::ed ln upon motlon of Councllman Rooth, seconded by Councilman Johns on and unanlmously carried. I'\IFIIIISHM BUSINESS (a) Commemoratlve Golden Annlversary Celebr."ati o4 The Chafu dlstr"lbuted copies of an agenda for the special Councll m€eting scheduled to comnenorete the Cltyts Golden Annlversary on June 6, 1958 and photostatlc copies of the Artlcles of Incorporat lonof tbe Clty. (b) P::oposed Extenslon of Junipero Serra BouLevard Councllman Thayer was authonl zed .to ropr:esent the City of Burllngalre and to uphold lts decislon 1n favorlng a rRoute Crr at a CallfonnLa State Dlvlslon of Hlghnays heari ng on ths proposed extenslons of Junlpero Serno Boulevard, scheduled Thunsday, May 8, 1958, at theHlllsdale Hlgh School. NE1AI BUSINESS 1. RECOMME}DATION RE: TYPE POLTCE CIIIEF HqMINATION Councllman Morgan stated that th€ forthcomlng examinatlon for theposltlon of Pollce Chlef should be conducted fnon among quallflod pensonnol of tbe Burl lngane Pollce DepartrEnt and suggested that a recomruendation to that effect be dlrected to the attentlon of theClvll Senvlce CommlssLon. Councl lman Morgan further suggested thatthe Councll be po11od for an oplnlon. Councllman Johnson expar.es sed her obJection to the pnoposal. Councllman Rooth expressed the op!.nl-on that tho exatrtlnation should bellmited to a maxl mlm of threo candltlate s from the cur:r:ent rank wlthlnthe Pollce Department; howover, from 1nf ormatlon recolvod from theClty Attorrey, ho quostloned the rlght of the Councll to nake a r:ocomnendat ion. Councllman Rooth stated hls preference to with}roldan oplnlon at thts tlrp. Councllman Thayer lralntalned that the entire subJect 1s under the Ju::lsdlctlon of and subJect to the authorlty of the Clvll Servlce Commlsslon and because of that factor, she was opposed to submlttlnga reconrnendatlon to the Corunlssl"on. l,{ay or Byrd, 1n commenting on the concl-uslons of the Councl1, expnessed,strong oppositlon to an examlnatLon other than that of a promotlonal examlnatlon arti stated that ln his oplnion, lnter.ests are better served by selecting candLdates from the ranks of a departrBnt. 260 Councllman Morgan concurred, addlng the statenpnt that it would appoar to be an inJustlce on the par"t of the Councll not to en- dorse men who have sorved the cLty long and falthfuJ-ly. Councllman Johnson explalned hor stand on the J.ssue, statlng thatln hor oplnlon, an iopen' examinatl on w ould not be discrlmlnatory but would be the means whereby the best qual-ifled candidate nay be selected from an oliglble 1lst. The dlscussl-on was thereafter decLared concluded. 2. H. HINRICES AND EDGAR ARNOID APPO]NTM CTTY COiIfiSSTONERS Mayor Byrd arutounced the appolntnents of llenman Hinrl,chs firom the Recreatlon ConmLsslon to the Fl::e CommlssLon and. the appolntrrcnt of Edgar Arnold, i?55 Anlta Road, to the Recnoatlon Commlssion. The appolntments were unanlmously conffured by the Counc11. 3. AGEI{DA CLOSTNG THURSDAY NOON PRECTDING COUNCIL }IEETINGS Councllman Johnson recomltrended that coples of Resolutlons and Ordl-nancos proposed for adoptlon at regular meetings of the CltyCouncll, be submLttsd pnlor to said rnetlng. The Clty Clerk waslnstructed to so conply. A motlon was lntroduced by Councilman Johnson, s€condod by Councll- nan Thayer that the itdeadllnerr for submlttlng all ratters to appear on the Councll agentla be scheduled the Thursday noon procedlng theflrst and thlnd Mondays of each Councll moeting. The motlon ras unanimously camLed. 4. ZONING VIOI,ATTON . OCCIDEMAT AVENUE RESIDENCE l{r. Edward Montgoreny, 1O4 Occldental Avenue, spokesman for a nunber of resl-dents on OccldentaL Avenue, appeared beforo the Council, urging that the Clty lnltlate lmredlate actlon to cornecta zonlng vlolatlon occunnlng at the nesidence of Mrs. Kay E111s, 124 occldental Avenue. Refe::once was ne.de to a p€tltlon, dated Aprll 24, 1958, tho orlgl- na1 of which was prosented to the Planntng Commlsslon and bearlng the sLgnatures of a latBe numbe r of lnterosted resldents wlthLnthe vlclnlty, reqresting that an lnvestigation be c onducted andthat the un]-arful condltLons and the damage to propentlos be removed. The Clty Managen advised that an lnvestlgatlon ls c lur::e nt 1y lnprogress and from all lndLcatLons, the situatlon ls extreme to thepolnt that lt sha11 roqul.re J-egal actlon. Questloned by the CouncLl, the Clty Attonney explalned the }ega1 ,technLcalltles lnvo1ved. and advlsed that it ls apparent thatlnJunctlve actlon wlll be necessary. It was the recomnsndatl on ofthe Ctty Attorrtey that a sun be appnoprlated to engage stenograph-lc services to asslst Ln an Lnteruogatlon of the petltloners pnlor to c ourt act Lon. The Council concured and upon mot 1on of Councilman Rooth,by Councllman Johnson, the sum of $25O.OO was allocated toappllod t owa:rd the assLstance necessary to process the easethe courts. s6c bo be donde fore 261 ADJOURNMENT There belng no further business, the nretlng was regularly ad. Jounnodat 10:00 p.m. Respectfu].ly submitted,4./ /r fi--/VLLL,r -fltrc- *<--*r HffiBERT K. -WIIITE, Clty-C1erk APPROVD: /t^2 {un Andnow C. BFrd, Meyor