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Home My WebLink AboutMin - CC - 1956.10.1560 Burlingamo. Callfornla CALL TO ORDER A ::egular" meeting of the Burllngame Ctty Councll was held on the aboveglven date. Meetlng callecl to order at 8:00 pomo - Mayor Rooth ln the Chalr . PLEDGE OF ALI,EGIANCE At word from Mayon R Pledge of Alleglance all 1n the Councll- he F1ag. Chamber arose and gave the ROLI, CALL Prosent - Councllmen: Johns on-Rgo th-Thayer Absent - CouncLlmen: Byrd-Morgan (Councllman Byrd, 8:4O p.rn. ) Councllman Johnson moved that Councllman Morgan be excused because ofa prlor commitment and that Councllman Byrd be excuseil from that portlon of the msotlng fnom whlch he nculd be absent, seconded by Councllnan Thayer, and unanl mously carrl-ed. MINUTES PREVfOUS IvIEETING Tho mlnutes of the prevlous reetlng of October l-, 1956, as submltted to members of the Council, wero rmanlmously approved and adopted on motionof Counclfman Thayor and secord.ed. by Councll-man Johnson. iiEARING Mayor Rooth announced that this was the tlme set pursuant to publlshed notlce for a publlc hoaring on tho trReport and Assessment fon l[eed and Rubblsh Abatemont. rr Thore beLng no rvrLtten or verbal protests roceLvod, oothto t and DanSerous Weeds and Rubblsh a Nulsance ln the Clty of Br:rllngamrr, secordod by Councll-man Thayer, and adopbed unanLnously on ro11 call of member s present. BIDS Councllman Johnson lntroduced forrOrderlng Destruction of Noxious Blds on Flre Hose, scheduled w6re reserved, ruropened, forrey be pre se nt . r pa s s age,RESOTUTIOI{ NO. 85.56 to b€ recelved and dec]ared on thls date, conslcleratlon et such time as full Councll COMMUNlCATIONS 1.PROPoSD OnDINANCE IN RE: TTSWITCH-BLADEI KNfVES A letter dated 0ctober 11, 1956 was read., from R. C. Theuer, Chlef of Po1lce, recommendlng that eonsldoratlon be glven to adoptlng an approprlate ordL nanc e to corrf or m wlth those under consid.eration by San FrancLsco and San Mateo countles wlth reforenco to rrswlt ch-blad e rr knLvos. May or Rooth commsntecl on the numerous artlcles that have sppoaredrocently ln the newspapers citing the sorious inJurles incurued by the uss of rr swL tch-bla derr knives. Questloned by tho Chalr, Chlef of Pollce Theuer., Ln dlsplaylng a rrswltch-b1ade rt knife confiscated from a Juvonllo,advlsed that lt rnay be possiblo to purchase such a knife from a sportlng goods store for hr:rttl ng purposes, but, ln hls opinion, it would be advisablo to adopt an approprlato cr. dinan ce to enable the Pollco Dopart- rnent to €nforco the moasur6. E. L. Llncoln, Recreation Superlntendont, advisod that the nTeen- Agers Clubn have oxpressed concern on the we of It switch-bIad.e r knlves and have recom.mended that any hurting lm1fe should be a nshoath lcrife.I Councilman Johnson thoreaftor moved that the Ctty Attorney, in co1- Iaboratlon wl th the Police Chlef, prepare an ordl-nance to conform with thoso under consideration by other comrrunltles,Thayer, end rrnanlmously carrle d.seconied. by Cor:ncllnan October 15. f956 61 2O PERSONNEL RESIGNATTON - Rlchard E. Browning, Groundsnan A letter tiated 0ctobor 8, 1956 was read, from Jul6s tr'rancar<i., Super- lnterdent of Parks, advislrg that Rlchard E. Browt ing has terndnated. hls employnrsnt as Groundsman 1n the Park Department, effoctive October 3, 1956. There bolng no obJections, tho resignation was accopted' with rogret. 3. BEPoRT ON DRAINAGE CoMPLAINT - 2740 Summlt Drlvo A report, d.at ed October 5, l-956, on an lnvostlgation of a dralnage complalnt r.ecelveal fr.om Wm. L. Weinberg, 27 40 Summl t DrLve, ras r6ad, from G. J. Marr, Dlrector of Pub11c.!lorks, and, followl ng a brlef dlscusslon,tho subject was furthor refenr€d to the Dlrecton of Publlc lllorks and tothe Clty Attorney for: consultatLon with the eonplalnant. 4. PENINSULA IIUMANE SOCfETY no: Renewal of Annual Contract A letter, dated October 9, l-956, was read, fnom the Pon-lnsu']-a HumaneSoclety, fnc., p:oposing that the arurual contrect be ronewed. for anaddltlonal flscal ye ar at an lncreased rate of $.5O per caplta for a populatL on of 22r 1O5. The Chalr lnvlted ffi.. A. R. Turver., Super.lntenilent of the Shelter,to comment on the proposed lncreased rate. I!tb. Tu:rver advlsed that the Shelter is cument]y operating at anlncreaslng deficlt and, to assist the Clty C ouncl-I ln glvlng conslderationto the lncroase ln the current rate, eopl-es of the Huuane Socletytsbudget, incluclJlg personnel and salaries, would be rnde avaLlabLo. !fo. Turver. was advlsed by the ChaLr to fr:rnlslr such lnformatlon to -theClty Clerk and that a Councll deeLsion would be rendorod soon thereafter. 5. BIIRIINGAIIIE ITTIOTEL - NEON MOTEL SIGN A letter dated October 2, 1956 was read., from Wall-y Burllngame Mote1, requestlng lmnredlate consldoratlon anda permlt to erect a neon rmotelrr slgn. ust, owner,or approv al- fori Questioned by the Chafu, Plannlng Consultant Mann gdvised that themotel ls 1n an R-3 zone and. operetod as a nnon-conformirg use.r Actlon was wl thhsld pendlng a fleld trlp and a decfslon by the Councllat the next regular nnetl-ng, Novenlcer 5, 1956. REPORTS OF OT'FTSSRS Reports f::om the Department of Public Works, tho Flre D6p rtment and the Po11co Department, for the rnonth of September, 1956, wore received, acl<rrowl6dged and p1a ced on file. RESOLUT I O}IS RESOLUTION NO. 86-56 rrAcco ptlng Deed of Dedlcatlon of Sanitary Sewer" ase nen -Tr nlt y theran Chur.ch of Bur]lngame, n At the request of the Chalr, Director of Pub11c Works llarr advised.that the Trlnity Lutheran Chrch has granted. a threo foot easement to theClty to pernit the lnstallatlon of a sanitary sewer to coerect anrroverloadingrt of the current faclllty withln the area of EI Camino Roaland Sher man Avenue. Councllman Johnson lntroduced for passage, RESOLUTION NO. a6-S6, seconded. by Councllnan Thayer, and adopted unanl rnously on ro11-TE[T members present.of ce Cod6 of the Clty of Burl lnganrs bymlttng Perk lng of Vehlcles onEI Canlno Roa1, was lntroduced by(Councllman Byrd appared at I:ab p.rnJ 0RDINANCES - Conslderat 1on of: ORDfNANCE NO. 637 rArpndl ng the Ordlna:rAddtng Ttiereto a New Sectlon l-222.16 L7 Bayswate:r Avenue Between Par.k Road and Councllman Johnson fon first readlng. ORDTNANCE NO. 658 rAmond!.ng tho Ordlnance Code of th6 Clty of Burlingame by 82 Addlng Thoreto a New Subsectlon (e vldlng for 0penlngs in Structu::esrrfor flrst readLng. ) to Sectlon 24OO of Sald Code ho- -was Lntroduced by CouncLlman Johnson UNFINTSHED BUSINESS 1. Aqcepla4cq Eiqel Map of Mills Estete No. 1-A lhe City Attorney aalvlsed that the Agreements and AccompanyLng Bondsare on filo 1n the Offlce of the Clty C]erk on both Ml11s Estate No. 1-A and Ml1Is Estate No. 1l-. RESOLUTION NO. 87.56 ItApprov ing Flnal Map Entltled tllilts Estate Map tro. T-A, iiu:r1lngame, San Mateo County, Cal.lfornlar and Dlrectlng Execution of Agreemont to Construct Publlc Improvereents rr was lntroduced on motion of Councllmsr Byrd, seconded by Councilman Johns on and un- anlmously adopted on rol-1 call of memberso 2. Acceptance Flnal Map of MllLs Estate Noo 11 RESOLUTION NO. 8A-56 IIA pprovl ng Final Map Entltled tMi]-ls Estate C oturt Xr Californlat and Dir:ectingMap ilo. 1I, Burllngame, .San Mateo Execution 9f Agreement to Construct Publlc Improvementsrt was lntrodue 6d by Councllman B5rrd, who moved lts passage, seconded by Councilrnan Thayer, and r.rranimously adopted on roll calJ- .of nembers pnesento 3. Request from Owners 1462-64 Ro1llns Rd. for Extenslon of Tlnp to Re mo ve 4-L/2 foot A s phalt Stri D There belng no obJectlons, the subJect was hel-d untll the nextnegular reotlng of the Colmcll. Reference was made by the Chalr to a complaint teglstered by a cltLzen at the last ::egular nEetlng of the Council on the postlng ofpo1ltlca1 sl-gns. Questloned by the Chai.:r, tho ChLef of PolLce ad.vLsedthat the Po11ce Departrnnt has been actlve ln removing political slgns from pubtlc property. Courrcllman Thayer commerded Chief Theuer and hls department. NEVf BUSINESS SAI.,ES TAX Councllman Byrd made referonce to the Bradley-Burns Uniform Local Sales and Use Tax taw whereby county and city sales taxes may be col-lected. CouncLl-man Byrd stated that a clty faillng to enact 1egls1a-tlon prlor to, or at the tlme a eounty enacts Jegislation provld.lng for a sales tax, may be deprlved of tho beneflts received. Clty Attorney Karm€I'add.ed to the statement by advlslng thet under the provl slons ofthe Bradley-Burns taw, the State Board of Equallzatlon collects andallocates the revonue. Questloned by the Chalr, the Clty Attorney advLsed that should the Counff of San Matoo enact a unlform salos tax, and the Ctty of Bunllngam should not, the County may collect the one percent sa16s tax and th6 Clty would ::ecolve no boneflt. Also questloned by the Chalr, tho Clty Attorney advised that a r:esolutlon of lntention adopted. by the Clty Counc 11 would not eon-stitute an act of IegislatLon. In rep1y. to Councllman Blrrdts lnqulry, Clty Attorney Karmel advisealthat a resolution of lntentlon would not protect the Clty but would merely p1 ece the City on record as fsvor"l ng the enactn€nt. of a trunlclpe]- one percent unlform sales tax ordinance. C ormc ilman Johnson expressed oppositlon to the proposod intentlon to adopt a resolutlon favorlng a sales tax and cal-l- od, attention. to com- munlcatlons on fl1e from verious groups requesting notlflcattron at such tlrp as a saJ-os tax is discussod. CouncLl-man Thayer stated, that from lnformation recelved on the large propontlon of counties wlthln the Stato traving adopted a uniform salos tax 4. Politlcal Signs 6B oralLnanco, lt woulil lndlcate that the Ctty of BurI lngame should take cognlzance. Councllman Thayer" thoreafter expressed hen approval. Counc ilmarr Byrd, ln corure nt 1ng furthor, expnessed appr.oval to the adoptlon of a one percent sales tax, provlded the beneflts recelved shafl assLst ln the reducLng of the real. pr ope r"ty taxes ln thLs communlty. The ChaLr questioned whether the passage of a nesolutlon of Lntentionreqrlred a pub1lc hearlng. CLty Attonney Karmel advlsed that a salegtax may be provided only by the lntroductlon anal adoptlon of an or.dlnanceprior to whlch the pub1lc mey appear and be hear:d. Further discussLon ensued srl th a maJor.lty of the members of the Council present erpresslng spproval to the establlshment of a one percent ullfor:m sales tax at such tlrrc as the County of San Mateo Board of Supo::vlsors may enact the appr.opriate leglslatureo Councll-man Bynd thereafter introduced and moved the passage of RES0LUTI0N NO. 89-56 rrResolution of the C1t y Councll of the City of Bur]- lngame Recitlng Its fntentlon to Enact a one Percent Uniform Sales Tax Ordlnence Unden the Bradley-Burns UnLform Local Sales and Use Tax Law Upon the Enectltrnt of a Slmllar OrdLnance by the Board of Supervlsors ofthe County of San Mateon seconded. by Councllman Thayer end adopted. by thefo1lowlng vote: Ayes: Councilnron: lloe s: Councl-Imen: Absent Councllmen: B;rr"it-Rooth-Thayen Johnson Morgart month of Septenber., 1956, Nos. ??3O-8O93, 1n theapproved on motlon of Councllman Brrd, secondedunanlmously carLed. CLAiMS A claim from Loulse A. Reynolds, 736 Llnd en Avenue, Burl ingame, ln ths amount of $45.15, fon tnJurles is a pesult of a fail upon the 01tyt" "tU.-wa1ks, was rejected and referrod. to the lnsurance carrLer of the Ctty onmotlon of Counc 11man Byrd, secordecl by Councllrnan Thayer, and irnanl mous 1ycarrLed. CLAIIIS Clalns, Nos. 951-4-9441, ln tho amount of $621128.31, for" the month ofOctober, duly audltied, ryer€ approved ard war.r:ant s authorlzed drarn on theClty treasury ln thelr respectlve amounts, on motlon of Councllman Thayer, seconded. by Councllman BJE d, and unanLmously car.r'Le6. PAYROLL Payroll warrants, fon the amount of $58r5?9.71, were by Councllman Johnson, and Al{}IOUNCElvllllill The Chalr announced that the Councll and Departnent l{eads wou}rl bo absontfrom the Ctty durlng the ponlod October 28-31 ln ordor to attend. theAnnual Leaguo of CaJ-lfornla Cltles Conforence in tos Angeleso ADJOURNMENT Thore belng no further busLness beforenegular.ly adJourned at g:15 pomo the Counc11, tho neetlng was Respectfully submLtted, bert K. APPROVED: CHARLES 11" ROOTE Maycr City Clerk O4""r'-r-4.4--