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HomeMy WebLinkAboutMin - CC - 1958.06.0227L Bur11ngam6, Callfonnia Jule 2, 1958 CALL TO ORDER A regular nreting of the Bu:: lingare City Councl1 was held on the above glven date. Meetlng ca1led to order at 8:1O p.m. - Mayo:: Bln:d. in the Chalr. PIEDGE OF ALIEGTANCE At word from l,layor Byrd al1 in the Councll Chamber arose and gave the Pledge of Alleglanco to the F1ag. ROLL CALL Present - Councllmen: Byrd- Johns on-Morgan-Rooth-Thayer Absent - CouncLlmen: None MINUTES PRE\TIOUS TEET]NGS The mLnutes of the previous rrcetlng of May 19, l-958, as submlttedto tkre men:bers of the Counci.l , were ulanimousl y approved and adopted. on motion of CouncLlnan Rooth and seconded by Councilnan Johnson. The minute s of the pr.evlous speclal- moeting of May 26, f958, as sub-mltted to members of the Counell we::e unanimously approved erd ad.opted on motion of CouncL lman Rooth and seconded by Cor:ncllman Theyer . CO}'IMUNTCATl ONS 1. ACREAGE FOR NATURE SII]DY PARK ACCEPTD FROI{ TROUSALE CONSTRUCTTON CO. A c omnarnication dated May 29, 1958, was nead fnon the City Manager,advislag that the I?ousdal-e Constructlon Conpany has offoned to donate a twe nty-seven acre slte of l-and within the Mil1s Est,ate fora Nature Study Park. The Clty Menager recommencled, anticipatingthe future gnowth of the Peninsula and the Lnterest of the public ingeneral, that the l-and be accepted. fn response to Councilman Thayerts inqulry concorning a prion com- mitment from the Trousdale Constructlon Company to donate land in excess of the currlently le ntloned twenty-seven acres, Ii{ayor Byrd ad.-vised that it was the orlglnal intention of the developers to offer appnoximately thirty-five acres to the Ctty; however, the property was subdivlded. subsequently to construct additional horire s thereby deereaslng the acr:eage proposed fon donation to the Clty of Burlln- gaEle . Councll-man Thayer stated that firom her personal observatlon, theproperty in ils present natural state is llmJ.tetl ln usel howeven;to bo conslstont with her prevLous po1lcy, sh.e would move that the recomnendatl on of the Clty Manager. be c oncu:rred. in. The motlon was seconded by Cotmcllman Johnson and unanimously cal:r"ied. The Clty Manager: was reqrested to eonsult wlth the City Attorney ln the pr:e-paration of the apporprS,ate legal documents. 2. ADDITIONAIJ WATER TRANSMTSSION FACTIJITIES AUTI{ORIZD A corumrnL cation from the City Manager, dated Ivlay 29, 1958, iras read.,directing the attention of the Councll to the inad.equate water supplyse:rvlcing consurrers ln the Burllngview Subdivlsion and the surround -lng area and reconmendl ng that the engineerLng flrm of t?lIsey & Ham 1272 be enployed to detenmlno the r:oute of an addltlonal wate tp trans- mlsslon lir€, to prepare constructlon plans and speciftcatlons ardto conduct field srrveys in accordance wlth 1ts proposal of May 25, 1958. Councllman ldorgan moved t trat the Councl l concur ln the recommon-clatlon, soconded by Councllman Thayer. On the questlon, Councllman Thayer stated that lt was her Lm-presslon from a staterBnt rmde by the Clty Engineer ]-ast Sprlng,that there wouLd be no wator shortage l-n thet partlcular area. In response, the Clty Englneen advlsed that the wate:: supply ls ample; horever, 1t is necessarT to lnstalI a transmlsslon llne runnlng from the resenvoir to the subdlvlslon to adequately servlcethe area. The Clty Eng5-neer advised, J.n responso to an lnquiry mado by Coun- c11man Rooth, concerning the approprlatlon fnom the Water Syston Slnklng F\rnd allocated prevlously by Council actlon that the ftlndsfor the proposal cur. rently under dlscusslon shall be expended fromthat allocatlon. There belng no further discussion on the questlon, the motlon wasthoreafter unanimously adopted. 3. REqIEST OF FIRST MESBYTER]AN CHURCH F'OR PROPERTY GRANTED A cornmunl cat lon dated May 29, 1958, was read from the City Manager, recomnrendLng that the ::equest of the Flrst Presbyterlan Church forthe acq.rlsltlon of a ten foot by a fifty foot plece of land between two lots ownod by the Chur.ch be grante d rsl th the provlslon thatthe cost to relocato the Cltyts exlstlng sewer rnatn clean-out be assunpd by tho appllcant. Inqulrles dlrocted to the Clty Englneor by Mayor Byrd, advised the Cor:ncll that the only exlstlng utiltty between the lots 1nquestlon ls a sewer main and a new clean-out may be lnstalledwlthout lnconvenlence to the Clty. The City Attorney advlsed the Councll of tho lega1 aspects of the pr3oposed transfen of property and neoommended that tho matter ofnegotlatlng an equltable and. proper punchase pr.l ce be referred tothe Clty Manager. }h. Clyde West, Attorney, repres€ntlng the Church propertles, ad- vlsod of the wllIlngness of the appllcant to abldo by any and all condLtlons that may be ir posed upon the terma of the sale of the propenty. A motlon was thereafter lntroduced by CouncLlman Thayer that theClty Msnager and the Clty Attorney prepare the approprlate legLs- l-atur6 to affect the transfer of the propenty. The motlon ras seconded by Councilman Morgan and unanlmously carried. 4. DTSPOSITION OID BAYSHORE EXCESS I.A}ID A corururnicetlon, dated May 29, 1958, ras r:ead from the Clty Ma.nager, requesting authorl zatl on to proceed wlth the engager€ntof competent tltle attorneys to detenmine whether. the Clty may clal,m clear tltle to its excess O1d Bayshone land. Councllman Rooth moved that th6 Clty Managon be authorlzed to proceod as requested, secondecl by Councllman Johnson and unanl - mousl-y car.ried. ?73 5 PROPOSM FEES FOR USE OF DUMP FACTLITIES A comrm.rnlcatlon from the Clty Manager, dated IIay 29, 1958, advls- lng the Council- of his pnoposal to request the Publlc Utllitles ComnlssLon and tho Health and Safety Commisslon to meet Jolntlyand confe:: on the suggostions concerrrlng the ten cent charge forall persons uslng the City durlp faci1lty, was acknowledged and. placod on f1Ie. 6. ORDINANCE AFF'EGTING CONTROL SALE OF FOOD A communLcatlon from the Ctty Managon, dated IIay P, 1958, advlsed the Council that Sectlon I35O of the Ordlnanco Code of the Cltyprohlbits the sale of food ln oxposed places and that the enforce- ment of the sectlon she11 e}lmlnate f\rnther cases of exposed foodfor sale on or near the publle stneets. The communl cat lon was acknowledggd ard ordered placod on fLle. 7. CLATM OF }iERIE AND FRANCES S ZMEKAR REJECTM A c omrmrnl catLon from the Clty Mana6er, dated May 29, 1958, recom- mendlng that tho clalm of Merle and !'?ances S. Zedekan 1n the amountof $4r5oo.oo for alleged darnages from lardslldes as the nesult ofwlnter ralns, be neJectod and referred to the Cityrs Lnsur:anco ca::r!.er, was concurrod ln on motlon of CouncLlman Morgan, seconded by Councilman Rooth and unanlmously carrled. RESOLUTIONS The followlng nesolutlons, relatlng to the sale of the Dralnage Bonds of 1958 - First Dlvlslon, were regulanly executod as fo11ows: RESOLUTION NO. 31-58 IICALLING FOR BIDS ON BONDS . BURLINGAI.{E DRAINAGE BONDS OF 1958 - FTRST DIWSION -$693rOOO' was introduced by Coun- cl1man Rooth who movecl lts passage, seconded by Councilman llorgan ard r.rnanl mously carried upon ro11 cal-1. RESOLUTION NO. 52.58 . IIAPPROVfNG PROSPECTUS BURLINGAME DRAINAGE BO}IDS OF 1958 - FIRST DTVISION -$693, ooorr was introduced by Councllman Morgan wlro noved 1ts passage, second.ed by Councilrnan Thayer and unanLrnously adopted upon r.oII ca1l. A speclal Resolution, a eopy of which shal1 be proaonted to eachperson pr.oJectlng the celebratlon of Burllngare I s Golden Annlve::sary, was p!:esented. for Councl]. acceptance. RESOLUTION NO. 50 proclaimlng the rerlts and the lntegrlty of lndl- vldual, p€rsons who have rendered valuable asslstance in commemorat-lng the Ctty of Brrtlnganr ts Golden Annlversar:y, was introduced by Councllnan Morgan who moved lts adoptlon, seconded by Councllnran Jobnson and wranlmously carr:J.ed upon ro11 ca1l. litral De Man Bach, Presldent of the Penlnsula Art Soclety, was lntro- duced and public rocognltlon was accorded I,[r. Bach and nembers ofthe Soclety, present at the meetlng, for the outstanding art ondisplay at the entranco of the Burllnganc Post Offlce. Ir{r. Bech expr:essed appreclatlon fon belng granted the privllege to dlsplay the work of local artlsts. Prepanatony to the constructlon of the Storm DraLnage Impr.ovements -First Divlslon, the f ollovrlng nesolutlons were presented for Councll actLon. RESOLInION NO. 55-58 rrAcce ptlng Deed of Dedlcation of Easement frorn Vivlan li,landa Kroezerr was lntroduced by Councllman Morgan who movedlts passage, soconded by Councilman Rooth erd unanlmously adopted upon ro11 cal-1 of membors. 274 RESOLII:IION N0. 34-58 [Authorizi ng Execution of Agr.eement RelatLve E o -AE a-a onment andlacatlon of Drainage Easement By and Betreen th6 Clty of Burllnganre Vlvlan Vtland.a Kroezerr was introduced by Councllman Thayer rcho moved Its passage, seconded by CouncLlman Morgan and adopted unaJllmously upon roll call of members. ORDINANCES - Conslderatlon of: The second readlng ParkLng Upon Publlc of ORDINANCE NO. 677 rrR ogulating Vehlcleard Prlvate Property r was continued unt11 tho regular meetlng, June 16, L958. CITY MANAGER I\IEMO 1. Qporlnat! qn. A memo to tho City Councll flom the Clty Manager,aatei[-@@-858, advl.sed that the Cityrs new chlonlnatt6n equip- ment and retentlon basln end heat exchange s are currently lnopratLon and 1n compllance wlth tho Bay Area Water PollutLon Boartl roqulrements . /L -/'z-t BESIGNATIOI{ IERiilTN PIATII, PAIII( COMMISSIONEN May or Byrd announced that the Councll has recelved word, that Mr. L:. u"{ Hepnta P1ath, a rne mber of the Park Commlssion, has been compelledto submi t his neslgnatlon because of his nesldence change to another city and advisod that an approprlate comrnunicatlon sha11be forwarded to lilr. Plath. UNT'INISHED BUSINESS 1. COM}'{EMORATIVE ]{ETING JI,INE 6 1908 The Chalr opened a discusslon on the plan to c ommemorate a portlonof the Cltyrs early hlstory by the enactment of lts flrst Councllneetlng on Jure 6, 1958, at 8:OO P.l,{. ln fnont of the Burllngarn Southern Paciflc Depot, by lnvlting members of the Council to comment - Councllman Johnson suggest€d since the mtter has been publlclzed as on€ of the hlghltghts of the c ommemoratl on that the Councll end.orse the speclal ovent and those not deslrlng to partlcipateln tho re-enactmont so lndicate on this occaslon. A motlon to the.t effect Lntroduced by Couacllman Johnson falJ-od because ofthe lack of a second. A dlscusslon arose concernlng the recent newspapor publlcity in-fernlng that thene is a lack of lntorest on the par.t of sore mem-bers of the Councll to particlpate. Cowrcllran Mongan, Councll- nan Rooth and Councllman Thayer defended thelr posltlon, each maintaining the right of Council, exerclsed at the last regular meetlng, to appropriate funds to attend a conference scheduled by the League of Municlpallties on the same date. Following frrttrelr discusslon, Councllman Thayer introduced a notlonthat the commemonative neetlng be he1d, vrl th an Lnformal rocor:d malntained of the event and that an appcu.prlate number of lnvltations be extonded to former members of the BurLlngarE City Councll topartlclpate 1n the re-enactment of the June 6, 19OB Council meetlng. The motlon was geconded by Councllman Rooth and upon concluslon ofa dlscusslon on the questlon, tho motLon was carried. 2. SOIITHER}I PACIFIC GRADE CROSSING PROPOSED Councllman Morgan lnitiated d.iscussLon on the subJect of orectlng an erErgency raLlroad crosslng approxLmatoly opposlte FLre Statlon No. 1 to provlde flre apparatus wlth an addltlonal access to the area east of the railroad tracks, by quostL onlng the Clty Manager on the status of the proposal- as recorurrended by Mayor Byrd some time ago. ;(o The Clty Manager advlsed that the Southern Paclflc Company has lndicated lts unwllllngness to grant an easorent to provlde a grade crosslng at that locatlon sJrd has se::ved noti.ce that should the City lnslst upon a gnade crosslng' the matter wlII have to be heard before the State Publlc Ut1l1ties Commlsslon. In further response to Councll lnqulry, the Clty l{anager advlsed' that the Fire CornmL ss lon doos not conslder the grade cnosslng proposal feaslblo^. Followlng furttrer dlscusslon, Councllrnan Morgan moved that the Clty Manager pursue the subJect fu::ther and to submlt a report to the Clty Councll, seconded by Councl lman Rooth and carri.ed. }IEI'I tsUSINESS 1. Traffic Hazard on Ro111ns Road clted At the suggostl on of CounctJ-man lvlcu.ganr t he sub Je ct of a traff lc hazand, due to the parklng of cans on the north slde of Broadway,east of the railroad on Rollins Avenue, dur.l ng peak hours, was r"efer.r:ed to the Health, Safety and Trafflc Comml,sslon, for lnvesti-gatlon and report to the City Councll. 2. George W. Coleman,fornrer: l{ayo:: Clty of E:r'}lnqame George Tf. Coleman, forrpn Councllman and Mayor of the Ctty of Brnlingame, called the attention of tho City Councll to the omlssionof his narE on the llst of forren Mayor:s of the Clty of Bunllngame, appearl-ng wlthtn the Flfty-Yeantr clty brochu:re necently dlstrl- buted to the cltlzens of BurlLngane under. the ausplces of the Chanber of Conunerco. i{ayor Byrd, ln beha}f of the City Councll, expressed sincereregret at the overslght and to partlally compensate for the er?or, each member of the Councll attached his slgnatu::e to a written stateront composed by May or Byrd, certifylng the fact that lh". Coleman was a lrlayor of tho City of Bu::l lngame . COI{I\MNTS T'ROI\I AUD IE}ICE I{r. Kenneth r,Uost, speaklng as a taxpayer, appoaled to the Councllto reconsider a d.eclsion to conductfor the posltlon of Pollce Chlef. an open competltive examlnation Mayor Byrd advlsed that at a speclal reetlng of the Clvl1 Service Commisslon, a majority vot6 resulted ln a doclslon to conduct an opar exarnlnation fcrr tho positlon, prlor to whlch rcetlng he had appeared befone the Commlsslon to subm-lt the vlews of the Couneil concernLng the type of examinatlon to be conducted. Councllmer Morgan statod that ho has been 1n recolpt of numerous caI1s questlonlng the reasons for whlch the examlnatlon had boen scheduled as an open competltive examlnatl, on and suggested that an appoal bo rsde to t tre Commlsslon to postpone the schedullng ofthe oxsmLnatl on pendlng a conferenco wLth the Clty Councll andthe Clv1l Senvl ce Comrn:l s sl on. The Clty Attonney advlsed. that ln conformance with pr.ovi slons ofthe r.ecently enactod OrdLnance (No. 6?6) authonatlve power has beon transfenred fnom the City Councll to the Clty Manag'er. Counc Llrnan Morganls motlon that the Councll confer wlth the membensof tho Civ11 Servlce Contmlssion pr3. or to establlshlng an ellglb1e1lst for the posltlon of Polico Chlef fall-ed bocause of the lackof a second. 276 In concludlng a discussion on tho subJect, the majority of the rnembers of the Council were Ln acced not to interfere wtth ttreauthorlty of the Civll Service Commisslon. ACKI,IO$,I,EDGE},IL]NTS TO TNVTTATIOI{S PARTTCI PAT I O1,I IN CELEBRATION Mayor BJn"d read comrmlnicatlons recelved from forner Councllmenof the Clty of BurllnganE, Allan F. Hunt, Leon 0. Iuhltsell, Frederick Petersen and George \tl. Coleman, expnesslng thelrabiltty or lnabllity to attend the clvlc cefebratlon on Juno 6, L958. ADJOURNI,IE}{r There belng no further business, the meeting was regularly ad-journed at 1O:1O P. M. Respectfully submltted {rz*...-XOrrc:A-t ELLINOR L. AR]'ISTRONG/ Deputy Clty Clerk APPROVED Andrew C. Dlayor ,(o Byrd W