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HomeMy WebLinkAboutMin - CC - 1957.11.04Bunllngame, November Callfor"nla l+, t957 CALL TO ORDER A regulaz' meetlng of the Bu:t1lngame Clty Councll rras held on the aboveglven date. Meetlng called to order at B:0O p.n. - Mayon Rooth 1nthe Chalr. PI,EDGE OF ALLEGIANCE At wor.d fnom Mayor Roothr all 1n the Councll Charnber arose and gave thePledge of Alleglance to the F1ag. ROLL CALL Pr:'es ent - Councllmen: BFd-Johns on-Morgan-Roo th-Thayen Absent - Councllmen: None MII{UTES PREVIOUS MEE"TING The mlnutes of the p::evlous meetlng of Octoben 21, 1957 t as submlttedto membens of the Councll, were u.nanlmously appr.oved and adopted upon motlon of Councllman Thayen and seconded byC ouncllman Johnson. tiEARING LIEED ABATEI{ENT PROGRAI,,I I95B The Chah announced that thls rras the tins and pLace scheduled wheneby obJeetlons to the proposed 1958 t'leed Abatement Pnognam may be submlttadfon Councll cons lderatlon. lng on verba1ly,of RESoLUTIoN N0. 71-57 Thene betng no protests recelved, elther ln wrlt Councllman Eynd lntroduced end mov€d the passage rr O:rdenlng Destructlon of Noxlous and Dangenous U NuLsance ln the Clty of Burllngamerr seconded by unanlmous ly adopted upon noI1 ca11. COM}{I]NICATIONS eeds Entl Fubtr:[dE a Councllman Johnson and 1. ADOPTTON FINAL MAP 'ICREEKSIDE SUBDIVTSIONI' POSTPONED A comrmrnl catlon date Commlsslon, advls lng reeommended the adop owned by Fnank md K d Octoben 29, 1957, was read from the Plannlng that the CorunlssLon had, by r:aanlmous vote,tlon of the final map of 'rCneekslde Subdivlslonrl athe trennedy and Wt]tlam end Clara Whlfl-er. A comnnnlcatlon dated Octoben 29t 1957 r was read fnom the Pfanning CommLss lon,, ad\rb lng that the Tenlatlve' Map of trMl1ls Garden Coi::rt-No .2r" belng a r"esubdivlslon of two large 1-ots (approximately elx acnes )ln the Ml1ls Ganden Count SubdivlsLon, had been r:econmended for accept- ance. Ehe Clty Attonney advlsed that the ag!:eement, bonds and related docu- ments have not as yet been peceived and recorrnended that actlon bewitbheld untll the next rogul-ar nEetlng of the Counell . Thene belng no obJectlon, the subJect was contlnued untll November: 18, 1957. 2. APPROVAL TENTATTYE MAP I'MTLLS GARDEN COIIRT NO. 2.II CounclLman Bynd moved that the Councll eoncur wlth the necommendatlonof the PlannLng ConrrlssLonr peconded by Councllman Johns on ard r:nanlmously canr:led. . ENG]NEERING ASSISTANT ELIGIBLE LIST ACCEHIED . ASSTSTANT A connunlcatlon dated November )-, 1957, was nead from the Civl1 Senvlce Commlsslon, sub!trlttlng the following e1t81b1e 1lst for the posltlon ef Engineering As s is tant : 3 l+ 193 794 1. Geonge C. I'r"e chet te l+?7 E. San Fernando Sen Jose 2. Larrnenee W. Sor:ensen 126 Mulber:yy South San trbancls co A conunnnlc atlon dated October 30, Lq57, was received from the Clty Manager, re commendlng that an appolntment be made to fL11 theposltlon of Engi nee?'Lng Assistant. Mayon Roothts statement that to hls necollectlon, no had been glven to the Civll Se:"vlce Comrnlsslon to conexa:nlnation, lnltlated a dlscusslon on the t'elationshposltlon of Englneerlng Asststant to that of the unbuof Junlon Enginee:r. e uthon 1z at 1onduct saldip of the dgeted pos ltlon The Clty i'[anager: advlsed that the Englneering Asslstant 1s a lower: compensated positlon, comparlng wlth that of a Draftsman posltlon. The Clty Manager: further. advised that the positlon of Englneer.lngAssistant is provtded 1n the salalty ordinance as well as Ln thecument budget and that du:r.lng the time of the budget hegrings lt was recommenried that the tltle of [Epgineering Assistent" was mor.edescnlptlve than that of "Dreftsman.'t- Thnough questLons dinected th:eough the Chaln to the City Engineer, by Councllman Byr.d, the Councll was advlsed that the cu:.nent staff of enginoers lnclude a Clty Englneenr an AssLstant Clty En8lneer:, anEnglneerlng Asslstant on a temporary basis and a haftsmen on a par.ttLme basis and that the penmanent appolntment of an EnglneeningAsslstant uould not increase the personnel on the budget of the Officeof the Clty Englneer. Councllman Morgan stated that the Councll, du::lng its tndget s tudy, had recornnended to ellmlnate executLve posltlons in the Englneenlng Department and that, ln hls opinlon, 1t was un::eas onable at thls t ime to estabLlsh another executlve positlon. The Ctty Englneen rel-ated the dlfflcultles encor:ntenod ln obtainlnga}pllcants fon d:raftsmen and that by establlshlng a classlflcatlonfon Englneer"lng Assistant, personnel may more readlly be recrulted and the title mone appropriate to the job nequlnements. Councllman Morgan stated that it rras not hls lntentlothe need for addltlonal engLneerlng pers ornxe 1 but thato the procedure pur?sued to engage such asslstance. ntth o questlon e did obJect A rnotlon was theneafter lntnoduced by Councllman Morgan that theeliglble llst fon the posltton of Englneerlng Assistant be accepted, seeonded by Councilrnan Byrd and r.rnanlmous 1y canried. Councllman Johson moved that l'ir. George Fnechette, lio. 1 oneligible Ilst for the positlon of EnSlneerlng Assistant be subject to Clvlt Senvlee Rules ard Regulatlons, seconded by Thayen and unanlmous 1y canried. th6 appolnted, C or.rnc l lman I CONTRACT AWARD FOR CONSTRUCTION SEWAGE PLANT ADDITIONS A consnunlcatlon dated october' )o1 7957 t ras nead from the City itanager:, advtsing that the Clty sha11 be :requlned to provide addltlons to the Sewage Treatnent Plant ln or.den to c onform to treatment standards, and, in iadition, to c omply wlth requests of the Waten Pollution Contnol Boardr to lmprove the Cltyrs dlsinfectlon facilltles. It was the recommendatLon of the city i'isnrr.r that the Consulting sanlteIry Englneering flnm of Jenks and Jenks be authonized to proceed wlt[ tf.e approprJ.ate engineering. (A copy of Jenks ard Jenks proposal accompanied the Ctty ltana6qer rs conrnunication. ) The Cor:ncll- uas fr.rrthe:r advlsed that there ls a balance of $111637.42 ln the Sevage Dlsposaf Fund cunnently available and that subsequ€nt to the pnesentatlon of an estimate of cost, a plan fon the complete finarlclng of the impnovements shall be submitted. 195 Mayo:r Rooth arnor:aced recelpt of a proposal from the engineering fi.nmof Wllsey and Hsn, Ml11bnae, offering lts ser"vices in the constructlonof Sewage Tneatment Plant Additlons, fon an engineening fee anountLngto Six Percent of the contract construction costs. In neply to lnqulnies of the Councll concerning a flnancial programto sponsor the project, the City i{anager advised that a neport il::st, on the estimated cost, would detenmlne the futu::e flnanclal obllgationof the Clty. The City Engineenr in r:esponse to Councilman Byrdts inqulnies, ad-vlsed that the sewen ctrarge S.rnposed by other. cities averaged lOy' to 75d per month and that the revenue denlved by the City of Burl ingame f::om the ly' montbly sewer tax levy lrould furnlsh l-lttIe surplus, dueto the chlorination process that sha1l be necessany, durlng the curr"ent year. For the fu:: ther. information of the Council, the Clty Engineen advisedthat the Town of Hll-lsbonough and the Cor:rty of San Mateo (Bur.linElame Hills maintenanee ) ane chanted a fee for sewer services, providing anadditlonal annual revenue to the Clty of approximately $61000, whlch may-be credited to the S ewen Rental Fund. A motionr lntroduced by Councllrnan l'Iorgan, seconded by Councilman Byr.d and unantmously carpied, awarded a contract to Wilsey and uamr Engi.neens, to proceed with engLneer:lng detalls on a SiJ Percent ofthe Contnact constnuctlon cost basls. 6. APPEAL DENIED IN RE: FIYE-DAY SUSPENSION REGULATION A conmurii catlon dated Novemben l, 7957 t was read fr"om the Bur'lingameClvll Senvlce Employees I Assoclation, Inc., advising that at a recent meetlng, athe City Cto includeto the Clt meJority of the member:s pnesent had voted to appeal to ouncll to reverse lts acf;lon by anendlng Resglution No. 67-57that flnal appeal of a "five-day suspension" may be madey Councll. In r:esponse to Councllman Morgsntg lnquiry concernln€! the often re- ferred to rules and regulatlons of the Clty of San Mateor the City Manager advtsed that the City of San Mateo permits appeals to theCivl1 Ser"vice Conunisslon up to thirty days, but polnted to the factthat the Clty of San Mateo is operatlng unden a flfteen yean o1d pensonnel ondinance. Also questloned by Councllman Mongan whethen he would object to the employee havlng the rlght of appeal of a flve-day suspension to theClvil Service Commlssion, the Clty Msnsgslr replted aff fumatlvely and advlsed that the rnodol Clvil Ser:vice Law, recomrnended by the League ofCallfornia Cities, was consider.ed to be the cu::rent and most appropriate p::actlce today and the gulde used to incorporate the new provislon in the ::ules and regulatLons of Civll Senvice 1n the City of Burlingame. Following a brief dlscussLon, Councllman Thayer moved that the Councll uphold lts p:evlous aetlon and that the negulation as stipulated 1n Resolution No. 67-57 bd sustained. fhe motlon was seconded by Councllman Johnson and theneafter car:?iedr Councilman Mongan votlng rlno . lt 7.PROPOSED CONVEYANCE PROPMTY OF TROUSDALE CONSTRUCTION COMPANY A corsnmlcatlon dated October 30, L957 t was read fnom the Inousdale Const?uctlon Company, r.eplylng to pnevious communlcations neceived by the Ctty Manager: r concernlng the pr:oposed conveyanee of the southerly 135 feet of that portion of lts pnoperty lying easterly of o1d Bayshore Hlghuay to the Clty of Bur"llngane. The conmunlcat ion advlsod that a conmitment made by i'17. L. E. hleisenberg, fonuenly employed by the Trousdale Construction Company, to convey said property to the Clty, sha]1 be approved. I ::equest was made by the Tnousdale Constr:uctl-on Company that the City furnish a statement of the intended use of tine )-35 foot stri-p of land in order that a proper analysis may be made of that companyrs development pIan. 196 Courtcllraan Bynd moved that the Clty ltanager be lnstnucted to communLcatelrtth th6 Tnousdsle Constnuction Company advls lng that the Clty pnoposes to reclalm the propenty by establlshlng a munlclpal dump and to funnlsh purther pertLnent detalls to indlcate the Cltyrsdesire to establish a marlna development ln the future. The motlon rras seconded by Couneilman Mopgan and unanimous 1y carrLed. 8. BECONSIDERATION OF PARKING DISTRTCT APPEAL REqUESTED A commnnlcatton dated October 29, L957, wes r:ead fnom authorlzedr"epresentatlves of the Burl lngame Chamber of Commence, the Broadnay Development Assoclatlon and the Better Burllngame Assoclatlonr nequestlng the Councll to neconslder its prevlous action oflnstnuctlng the Ctty Attorney not to pursue the matter: of pending appeal relatlve to the Parklng Dis tnlct. A corrnunlcatlon dated 0ctober 21, 1957, from the l-aw flrm of Klrkbr:iderWllson, Hanzfeld and WaI1ace, addressed to Gr:anvl1Ie Br:onnlngr Secretar:yr Chamber of Corraence and slgned by Anthu:: J. Hanzfeld, repLylng to lnquiries concernlng the present and the future statusof the park ing proJect, accompanled the fonegolng communicatlon. The Chair lnvlted Johrr D. Broderlck, Pnesident of the Chamben of Corrner:ce to fu::then corrunent on the subject. I{:r. Bnodenlck, speaklng ln behalf of the Chamber of Commerce and the Bnoadway Development Association, ne-stated the request for a recon-slderatlon of the Appeal and in neferning to the mlsslng slgDatureof the authorlzed representatlve of the Betten Bu:r.l lngame Assoclatlon on the communlcatLon, suggested that the Chair reco€tnize Mr. RaLmund B. Wunlltzer, rnho, ln tur:n, wouLri offen an explanatlon. Mn. hiunlLtzer, reptlesentlng the Better Burllngame Associatlon, advLsedthe Councll that the property orrners ln the Bur1lnganre Avenue buslnessdisttlct, wish to resolve two lssues, prlo:r to requesting fu:rthen Counci1 action: (1) tfre feasiblltty of the prssent par.klng ptran ard the amount of property that nay be acquired fon be,nds on whlch a hlghen lnter.esi r:rte "tfr"r', the Lnlginai 3*% ana &Bf shal1 be charged ana (e) an oplnion frorn the orlginal petltioners whether they wlshthe Councll to nescLnd lts actlon 1n the matter of appeal . lit:. Wurlltzen stated tlra t the majority of the pr.operty owners are ,.n favor: of the panking dlstnlct; howeven, more deflnLte lnformation should be obtalned and submltted to the Council. Questioned by the Chalr., the City Attorney advlsed that it ls anticipated thet the attorneys r.epnesentLng the plalntiffs sha11 soon submit thelr flndlngs to the Count and the declslon of the Judge shall- thereafter be entered upon the records of the Cou:rt. It was the r:ecomrendat l-on of the Clty A1;6pney thet the subJect matten be contlnued for" a peniod not to exceed tuo ueeks, st thls tlne, subJeetto a posslble fu:rther. extension of two weeks, 1n the event that no reason to act to the contrary should develop by the next rsgular meetlng of the C ouncll. Couacllman 'Ihayer, ln refenrlng to Panagraph No. 12 1n the communlcatlon received fnom Mr. Ar: thun J. Hanzfeld, concerning the possible exclusion fr.om the dlstrlct, by agreement, of the Gr.ay Ppspsptles, suggestedthat such a c ompnomlse nay resolve the lssue. mentIn reply to the state/of Counctlman lrayer, Mr. Wur'litzer advised that there are persons lnterested ln netainlng the Gnay Propenties wlthln the Dlstrict for parklng purrposes. CouncLlman Jobns on, conmentlng on the Parking Dlstrlct proposal, exp::essed hen approval as reconded prevlously. Councilman BJEd, through the Chaj.r, dkected hls c orraents to fb. t{,u::lltzer, unging that the Betten Bu::llngame Assoclation, ln addltlon to canvasslng the origlnal petltlonens, also bo ln a positLon to present moro concrete facts to the members of the Clty Councl1. 7v^7 Followlng a brlef discussion, the Chalr announced that the Councll would wlthhold action at t hls tlme ln order that the Better Bur"llngarne Associatlon may submlt its evidence at the next regufarneeting of the Council, November 18, 1957. EESOILTTIONS !!n. James T. Morton, A ttor.ney, nepnesenting the 1aw flrra of Kir:kb::lde,Uilson, Hanzfeld and Wallace, presented the followlng docunentsrelating to the Mll1s Estate No. 1l lrnpr.ovement: 1. Amendment to Petitlon fon the Constnuction of Improvements bySpeeial Assessment snd Assessment Bond Acts and Walverr Mt11s No. 13. 2. A nesolutLon of Intentlon to Make Changes and Modlficatlonl, M1}ls Estate No. 11. 3. Offen to Punchage Improvement Bonds, Mlfls Egtate No. 13. l+. A resolutLon Aranding Sale of Bonds, Ml1ls Estate No. 13. the fonegoing documents rere ln proper3 EEsotUTIoN No. 72-57 I'IntentLon to r'Iake ChanMillJ Estate No. 13"(heanlng set November I ges and Modific atlons r.B, l-957 ) was introduced upon motLon of Councllman Byrd, seconded by Councllman Johns on and unanimousl-y adopted upon roll calL of members. RESOLgfI0N NO. 73-57 "Arrardlnwas intnoduced by Cormcllman cJ Sale of Bonds to Klnkeby Corponationrl ohsnon, who moved its passage, seconded by Councllman Byrd and unanLmous 1y adopted upon r.ot1 call of membens. ORDfNANCES: - Cons ider.atlon of: ORDINANoE No. 56[ 'rRe peallng Sectlon l22L-A of the Ordinance Code ofthe eitt of BurllngameCalifornia Drlve Betwee glven lts second neading. Courcilman Thayer. stated that since the signals have been installedat the Oak G rove- Call.fornla Dnlve intersection, lt was her: opinicnthat to reduce the speed on Californla Drlve lras an unneeessary procedu:re. The City Attor:ney advlsed that onden fon Councll ac t lon. Councllnsn Johnson stated tha and because there are t'peak" would not impose a har"dshlp. Limlting the Speed of Vehlcular Traff lc..on n Bunlingarne Avenue and Dufferin Avenue" was t her prlme coneern was that of safetyhours, a twenty-five MPH llmitatlon Councilman Bynd moved that ORDINANCE N0. 664 be adopted, seconded by Councllman Johnson; A no]l- cafl vote was taIlled as foI1o s: AIIES: Counci1rnen: Byrd-Johnson NOES: Cor:ncllmen: Mongan- Roo th-'l hayer ABSENT Councll-men: None Or:dinance No. 55[ ras thereafter declared defeated. OFDINANCES - fntnoduction of: ORDfNANCE No. 565 rrAmendlng Section 825 ot the ordinance elTt-T-Burfi n g arne by Adding Theneto the Job Cfessificati Recneatlon teader and Pr:ovidl-ng the Compensation Therefor. intnoduced by Cor:ncilman M6r"g2n and glven finst r.eading. Code of the on oftlwas UNFINTSTIED BUSINESS 1. CITY MANAGER REPOHTS Reports, as requested by the Clty Council, were subml,tted by theClty Msnsgsr on the followlng subjeets: 198 (a) off-Str:eet Parking; (b) Par"klng tayout on Strlp of Callfonnlahive; (c) Income and Erpense of Sil111.1, Sewen System; (a) Clty Refuse Dlsposal Area and Sewen to Rlfle Eange; and (e) Status of Waten Sinking Fund, were acknowledged and placed on flIe. 2. ASSOCIATED-ALEXANDER INDUSTRIAL PARK PLAN WTTIIDRAWN Upon the advice of the City Attor:ney thet the subdlvlder has requested the bonds netu:rned fon the pnoposed Ass ocL ated-Aleranden Indus tr:la1 Park, tho ChaLr ordered the subJect rlthdr.awn fr.omthe Agenda. 3.WA,IERPRONT DEVELOPHENT COHMTTTEE REPORT Councllman Bynd, ln reforrlng to hls r:epor.t on the Waten Fr.ont Devel-opment, submltted at the last regular. meeting of the Councllr moved that the r:eport be accepted and that the Clty l'lanagen be authorized"to lnltlate the followlng p::ocedune ln the onder ment loned : 1. Obtaln a deed fnon the Atlantlc Llfe Insu:rance Company fon propenty along the 01d Bayshore Hl ghray fon the purpose of establlshlng an alternate nunlclpal dunp; 2. Engage a competent apprAlsal flnn to appr.alse appr-orlmat€ly slxteen acr:es of land adJolnlng the present dump and to 3 . l,legot late for. t he pudraga of the s ix teen acnes of land . The rnotion sas seconded by Councllman Thayen. A bnlef dlscusslon anose on the problem of flnancing the proJectin the futu:le, wlth the Chafu. corurentlng that a bond lssue may be necess a::y. Councll member.s concurt"od that the appropnLate prellmlnany procedune rould be to flnst obtaln an appralsal of the pnoperty. f,he notlon was ther:eaften unanimously car"nled. NEI{ BUSINESS l{one ADJOIIRNMENT The meetlng was regulanly adJounned at 9:55 p.m. Respectfully submltted, HERBERT WHI'Clty Clerk APPROVED: Charlos W. Rooth Mayon