Loading...
HomeMy WebLinkAboutMin - CC - 1996.03.04448 BIJRLINGAME, CALIFORNIA March 4, 1996 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at7:30 p.m.by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Joe Galligan, Civil Service Commissioner. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of February L9, t996 were approved unanimously after changes on page 3 by Councilwoman Knight and Councilwoman Janney about the spelling of Charles Bolt's name and Councilwoman Knight could also support Gary Deatheridge's nomination to Park and Recreation Commission and on page 6 by Councilman Spinelli to show he asked about enforcement of limited parking on Carmelita. SECOND READING - ORDINANCE 1540 AMENDING APPLICATION AND INSURANCE REOUIREMENTS FOR TAXICABS. REOUIRING IDENTIFYING DECALS. AND REOUIRING CONTROLLED SUBSTANCE TESTING OF TAXICAB DRIVERS City Attorney reviewed his memo of February 12 which recommended council adopt this ordinance after a public hearing. The rapid increase in the number of taxi companies and concerns about the nature of the competition has caused us to review our present taxi ordinance. Several years ago we modified the ordinance to be less bureaucratic and to make it easier to offer taxi services. Unfortunately, the result appears to be many more cabs and sometimes inappropriate competitive practices. This ordinance will require an annual decal so that licensed cabs can be readily identi- fied; establish an annual $25 fee for each taxi; increase insurance requirements to $500,000; and require random drug and alcohol testing of drivers. A letter was received from Rainbow Cab. Councilman Spinelli commented on a numbering system used by San Francisco for taxicabs so there are no duplicate numbers in different companies; staff said this could be considered as an addition to the ordinance. Mayor Harrison opened the public hearing. Ali Nazar, Town Cab, related various problems with the small or single cab companies such as paying hotel doormen for rides to San Francisco; he urged the city to put more time into regulating taxis, he never sees police officers asking to see driver's permits; some drivers don't even have permits, particularly town car owners; he had no problem with the new ordinance. Mayor Harrison said the kickbacks should be taken up directly with the hotels; the Mayor was willing to write a letter to the General Managers of each hotel regarding these kickbacks. Nazari said the city has to put pressure on the drivers and companies. 449 Another driver, Mr. kvy, related problems with "town cars" with cellular phones; there are about nine operating in the city illegally; they operate just like a taxi but are not licensed and they are allowed to sit at a hotel site. A representative from Rainbow Cab said the root of the problem is the small companies, he thought there should be a limit on the number of companies and that there be only one owner in each company. The hearing was closed. City Attorney said town cars or limos are licensed by the State PUC; regarding parking at the hotel site, that is up to the hotel. Councilwoman Knight related in the last Chamber newsletter there was a list of new businesses and there were 3 or 4limo businesses listed with the same address and owner. City Attorney stated the limos do need to have a city business license. Police Chief said most hotels have regulations regarding tips. Councilman Spinelli asked how many seats a State PUC licensed limo had. Staff said PUC regulated limos have seating for eight or more; vehicles either are taxis or they are State PUC licensed with a special license plate, or they are illegal. A cab driver said there are many limos with no PUC plate. Police Chief said the cab drivers should report this to police or bring kickback matter to attention of hotel management; Chief noted police meet monthly with hotel management and taxis could be a subject for discussion. Council discussed a possible "sting" operation on taxis or limos. Councilman Spinelli moved adoption of ORDINANCE 1540. Seconded by Councilwoman Janney and carried unanimously by voice vote. SECOND READING - ORDINANCE 1539 AMENDING TIME OF CITY COUNCIL MEETINGS City Attorney reviewed his memo of February 6 which recommended council adopt this ordinance after a public hearing. At a recent study meeting council expressed an interest in starting city council meetings at7:00 p.m. instead of 7:30 p.m. This ordinance states that the hour of council meeting shall be as the council determines. With this language, the time may be changed in the future by a simple motion. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Vice Mayor O'Mahony moved adoption of ORDINANCE 1539. Seconded by Councilwoman Janney and carried unanimously by voice vote. Council unanimously approved Aprit 1 as the first council meeting at which council would begin the meeting at 7:00 p.m. PUBLIC COMMENTS - none. RESPONSE TO ESCOBOSA LETTER AND RECOMMENDED DENIAL OF CLAIM City Attorney reviewed his memo of February 26 which recommended council consider the Escobosa letter of February 19, t996 and the recommendation that the claim be denied. The Escobosa letter sets forth several reasons why she believed the entire tree should have been immediately removed rather than just the downed branches. The city attorney's memorandum of February 7 described the conditions and extremely high number of calls on the evening of the incident during the biggest storm in decades. He concluded that under the circumstances the judgement of the Park Department personnel was coffect when they removed the downed branches and moved on to more urgent locations. He recommended denial of the claim. 450 Mrs. Zita Escobosa was present and said city workers came to remove the downed branches and said the entire tree would have to be removed because it was dangerous and they would come back the next day to remove it. They should have removed it at that time because the tree did fall later that evening and damaged her hedge and gate. She felt the city was at fault. After considerable discussion, council agreed because of the storm and other critical calls for service that night, the tree workers took the proper action in stating they would come back to remove the tree. Councilman Spinelli sympathized but moved to deny the claim. Councilwoman Janney seconded the motion, noting there is a difference between negligence and an act of God. Mayor Harrison said he was acquainted with the Escobosas and was sorry to deny the claim. The motion carried unanimously. RESOLUTION 10-96 IN SUPPORT OF THE LAWRENCE LIVERMORE LABORATORY AND UNIVERSITY OF CALIFORNIA STUDY ON LEAKING UNDERGROUND FUEL TANKS City Manager reviewed his memo of February 26 which recommended council consider the draft resolution in support of a study done by Lawrence Livermore Laboratory and various University of California campuses. This was brought to council's attention by Councilman Spinelli. If council adopts the resolution, we will send it to the State Water Resources Control Board. Councilman Spinelli moved to adopt RESOLUTION 10-96. Seconded by Vice Mayor O'Mahony, who told how the city has been vulnerable to leaking underground fuel tanks and an effort should be made for making the regulations for cleanup easier. The motion carried unanimously. Councilwoman Knight asked staff to send a copy of the resolution to l-eeParua of the Council of Cities' lrgislative Committee. Mayor Harrison asked if council would approve his sending a letter to the hotels regarding the taxi complaints we heard about tonight. Council concurred. 27TH ANNUAL SAN MATEO COUNTY PROGRESS SEMINAR Mayor Harrison reviewed a letter to the Mayor from the San Mateo County Co-chairs of the 27th Annual Progress Seminar inviting the Mayor to attend this event in Monterey on May 3-5,1996. The Seminar will address housing, financing and planning of regional transportation, local govern- ment financing and privatization, health care, delivery of human services and the Internet. It is attended by elected and civic leaders from throughout San Mateo County. Mayor Harrison said he attended several years ago and recommended it highly. He would be unable to attend this year and would like Councilwoman Janney to attend as his representative. The cost would be about $548. Vice Mayor O'Mahony moved to send Councilwoman Janney to the Progress Seminar. Seconded by Councilman Spinelli and carried unanimously. Councilwoman Knight said it is always asked why we have this seminar in another county; she asked that Councilwoman Janney report back on issues that are discussed there. Mayor Harrison said the main reason it is held out of the area is to get participants away from their offices and other obligations. The President of the Chamber of Commerce was also present and commented the seminar was moved to Monterey several years ago to facilitate better working together. Council- woman Knight agreed and had no objections. 45 i b CONSENT CALENDAR Councilman Spinelli questioned the use of the word "retrospectively" in item "a. " Vice Mayor O'Mahony asked about "d" and Director of Public Works responded the city needs to have an outside inspector for these steel fabrications for the library. a RESOLUTION 11-96 ACCEPTING COMPLETION OF EL CAMINO REAL SEWER REHABILITATION - HILLSIDE TO EASTON - CP 9510 At the last meeting council requested staff prepare a resolution in support of SB 1590 (O'Connell) which would require the Guardino decision only be applied prospectively. ING OF PARKING CITATIONS Finance Director's memo of February 21 recommended council approve an agreement with the County to process citations and conduct administrative reviews and hearings as required by AB 408, effective July l, 1996. Under the terms of the contract, the city's revenue will be about $100,000 greater based on the calendar year 1995 citations written. RESOLUTION 13-96 AUTHORIZING AGREEMENT WITH CCAG FOR USE OF AB 434 CLEAN AIR FUNDS Finance Director's memo of February 28 recommended approval of an agreement with CCAG for use of AB 434 funds. AB 434 authorized the Bay Area Air Quality Management District to impose a fee on motor vehicles to be used for specified transportation control projects and programs included in the Clean Air Plan. Funds, estimated at $29,300, are earmarked for the Free Bee shuttle and voluntary trip reduction programs of the city and local businesses. RESOLUTION 14-96 AUTHORIZING AGREEMENT FOR PROFESSIONAL TESTING AND INSPECTION SERVICES - LIBRAITY RECONSTRUCTION - CP 9305 c d. e Public Works memo of February 28 recommended council approve an agreement with Kleinfelder Incorporated in the amount of $67,630 for professional testing and inspection services for the Library Reconstruction project. OUT OF STATE TRAVEL FOR TWO FIRE PERSONNEL Fire Chief's memo of February 23 recommended council approve sending two fire personnel to the SUNPRO Users Conference in Sparks, Nevada. The department's operating software is manufactured by SUNPRO. TENTATIVE AND FINAL PAITCEL MAP TO COMBINE TWO PAITCELS AT 778 BURLWAY AND 1380 BAYSHORE Public Works memo of February 27 recommended council concur with the Planning Commission and approve this tentative and final parcel map for the former Amfac Hotel site f. 45? Librarian's memo of February 22 recommended council support the Library Board's appointment of Shirley Robertson, former Library Board member, to the Peninsula Library System's Advisory Board. Councilwoman Knight moved approval of the Consent Calendar. Seconded by Councilwoman Janney and carried unanimously. COUNCIL COMMITTEE REPORTS Vice Mayor O'Mahony reported on the County Investment Policy Committee meeting. Councilman Spinelli told about his experience in Washington DC testifying before the Congressional Subcommit- tee on Transportation regarding funding for BART and meeting with Department of Transportation personnel; he said we have a lot of sympathy "on the hill;" there will be a decision this month. Councilwoman Janney attended the CMAQ meeting. Councilwoman Knight attended, with Mayor Harrison and Councilwoman Janney, the Council of Cities meeting in San Carlos. OLD BUSINESS Councilman Spinelli thanked council and staff for the beautiful flowers and messages on the death of his father. NEW BUSINESS Mayor Harrison noted the Park Director had received a distinguished service award by his peers. Mayor Harrison scheduled appeal hearings on March 18 for (1) requirement to remove a roof sign at 860 Burlway Road and (2) take out food sales at 1150 Burlingame Avenue. Mayor Harrison made a statement regarding the accusation of a violation of the Brown Act made by Councilman Spinelli at the November 20, 1995, meeting at which the Mayor was chosen. Mayor Harrison said the District Attorney held a press conference today and announced the District Attorney's office was unable to uncover any evidence of, or to establish evidence of any prior meeting, or prior agreement, that Mayor Harrison, Vice Mayor O'Mahony and Councilwoman Janney had met together resulting in an agreement on their vote; the District Attorney's office was satisfied that no violation of the Brown Act occurred. Mayor Harrison said this action by Council- man Spinelli was a malicious attempt to defame his character and integrity; he had considered a civil suit regarding character assassination but in the best interest of the city, and to avoid any divisive action, he decided to bring closure to the entire situation. Mayor Harrison said this council would continue to work in the best interest of all our citizens now and in the future, as it has done in the past. ACKNOWLEDGEMENTS Commission Minutes: Civil Service, February 13; Park and Recreation, February 15; Planning, February 26, 1996. Department Reports: Police Report, January 1996 l-etter from Dr. Ferguson regarding care of the city's Sycamore trees. Mayor Harrison asked staff to respond. a b c g. SUPPORT APPOINTMENT TO PENINSULA LIBRARY SYSTEM'S ADVISORY BOARD 453 d ktter from RhodyCo Productions regarding the recreational bike ride "San Francisco Chronicle Tour de Peninsula" to take place on August 4, 1996. Irtter from City of Concord regarding DOE proposal to ship spent nuclear fuel through the Bay Area. e CLOSED SESSION At 8:43 p.m. the Mayor adjourned the meeting to a Closed Session regarding (1) labor negotiations with the Police Officers Association and (2) personnel, the Fire Chief. The meeting reconvened at 8:55 p.m. with no action being taken. ADJOURNMENT IN MEMORY OF SALLY GALLAGHER Mayor Harrison noted with sadness the death of Sally Gallagher, a city resident and a former teacher at Capuchino and Mills High Schools. After a moment of silence, the meeting was adjoumed in her memory at 8:56 p.m. Judith A. City Clerk