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HomeMy WebLinkAboutAgenda Packet - TSP - 2008.04.101. CALL TO ORDER 0. April 10, 2008 7:00 p.m. — Conference Room A 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ACKNOWLEDGMENTS 5. APPROVAL OF MINUTES —March 13, 2008 6. PUBLIC COMMENTS Persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Commission. The Ralph M. Brown Act (the State -Local Agency Open Meeting Law) prohibits the Commission from acting on any matter that is not on the agenda. Speakers are requested to fill out a "Request To Speak" card located on the table by the door and hand it to staff. The Commission Chairperson may limit speakers to three minutes each. 7. CURRENT BUSINESS 7.1 Commission Appeals Process 8. INFORMATION/DISCUSSION ITEMS FROM COMMISSION AND STAFF 8.1 Traffic Engineer's Report 8.�i .1 Commission Procedures Policy —Distribution 8.1 .2 TDA and Other Grant Applications —Verbal Update 8.1 .3 In -pavement Illuminated Crosswalks —Verbal Report 8.2 Traffic Sergeant's Report — No New Report 8.3 Commissioners' Comments and Concerns 8.3.1 Traffic &Parking Technology Seminar Series —Discussion 8.3.2 Commission Quad Program —Discussion 8.3.3 Miscellaneous Comments and Concerns Traffic, Safety & Parking Commission - Agenda February 7, 2008 Page 2 9. COMMUNICATIONS Report by Staff or Commissioners of citizen concerns or complaints regarding traffic, safety and parking issues that are within the Commission's jurisdiction. 10. COMMISSION &COMMITTEE REPORTS 10.1 Burlingame Bicycle/Pedestrian Advisory Committee 10.2 Miscellaneous Reports 11. FUTURE AGENDA ITEMS 12. ADJOURNMENT -2- MINUTES -.ITEM 5 CALIFORNIA 94010-3997 www.burlingame.org TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, March 13, 2008 Commissioners Present: Dan Conway, Chair Michael Bohnert, Vice Chair Jerry McDonnell Mark Noworolski Stephen Warden Commissioners Absent: None Staff Present: Augustine Chou, Traffic Engineer, Public Works Sgt. Dean Williams, Police Department Joanne Louie, Administrative Secretary, Public Works Visitors: Farris Horak, 1332 Edgehill Drive 1. CALL TO ORDER. 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. 5 of 5 Commissioners present. 4. ACKNOWLEDGEMENT None 5. APPROVAL OF MINUTES - Commissioner McDonnell requested one correction to the minutes under Communications 2"d paragraph. He said it should reference left -turn arrow "indicator" rather than "signal". Motion: To accept the minutes of February 21, 2008 as amended. M/S/C: Warden/Noworolski; 5/0/0 6. PUBLIC COMMENTS TSPC Minutes March 13, 2008 Page 2 of 4 7. CURRENT BUSINESS 7.1 Commission Procedures Policy The Commission reviewed the revisions and agreed with the latest changes. They also made one more suggestion regarding the agenda format. It was agreed to include a new "Future/Upcoming Agenda Item" to the agenda. Mr. Chou and Chair Conway also agreed to develop and provide an Appeals fee structure proposal for the next meeting. Motion: Approve Commission Procedures Policy document with the latest changes as noted and discussed. M/S/C: Warden; Bohnert; 5/0/0 8. STAFF REPORTS 8.1 Traffic Engineer's Report 8.1.1 TDA 08/09 Grant Application —Verbal Update Mr. Chou reported that they received positive feedback for the presentation of the grant and is optimistic that it will be selected. 8.1.2 Meter Rate and Times —Verbal Update Mr. Chou reported that engineering staff reviewed this request from Mr. Rudy Horak and made a determination that the matter should be closely evaluated at 'a later date. He said that at the current time, staff already has several major signal and parking projects programmed for this year to begin. Commissioner Warden expressed his concern that the public would have a difficult time accepting extended meter operational times. 8.2 Traffic Sergeant's Report 8.2.1 Selective Enforcement —Report and Update Sergeant Williams presented to the Commission a Traffic Data Report for February 2008. Sergeant Williams explained and reviewed the data. 9. COMMUNICATIONS Commissioner Bohner t said that he received an email from a woman that crossing California Drive to Burlingame Avenue was dangerous. Mr. Chou added that he was forwarded that email and that this matter would be handled by staff. TSPC Minutes March 13, 2008 Page 3 of 4 Commissioner Warden reported that the center arrow indicator was burned out at the signal for southbound Rdllins Road onto the freeway. Mr. Chou stated he would report this to Caltrans, as this is their signal. Commissioner Warden suggested that the Commission look into lighted crosswalks, especially at Burlingame Avenue and Park Road, and possibly invite Burlingame Avenue merchants to the May meeting for more discussions. Mr. Chou suggested that other methods of traffic flow control be considered, such as stop sign installation if pedestrian safety was the concern. He said that the lighted crosswalk systems were typically used at mid -block locations rather than intersections with some form of traffic controls. Sergeant Williams added that a block away, at Burlingame and Lorton Avenues, there were stop signs and the City received an equal number of complaints. He said that these intersections were actually enforcement issues. Commissioner Warden suggested that this be an agenda item in April or May for discussion. Commissioner Warden also commented that an agenda item be added to eliminate the Quad map. Chair Conway stated that further discussion by the Commission would be beneficial. Commissioner Noworolski suggested that the .upcoming Traffic &Parking Technology Seminar be pushed back to May due to demands and conflicts. Chair Conway suggested that the date be determined offline amongst the Commissioners. Commissioner Noworolski expressed his concern of the congestion at Lincoln School on Devereux Drive just before school and after school. Mr. Chou said that it was a combined effort between the school administration and the City to enforce and educate to the parent drivers picking up and dropping off their students. Mr. Warden commented that this a widespread problem at all schools. Commissioner McDonnell noted that there appears to be an unnecessary Grove Avenue south between the two driveways. Another area brought V zones behind the bleachers. it was agreed that these two areas will potentially recapture parking spaces. 10. COMMISSION &COMMITTEE REPORTS 10.1 Burlingame Bicycle/Pedestrian Advisory Committee No updates. 10.2 Miscellaneous Reports red curb on Oak uwas the red be reviewed to Mr. Chou reported that he received a letter addressed to Engineer Victor Voong, from the owner of the residence that has had a storage trailer on Edgehill Drive and Paloma Avenue. The letter stated that they were anticipating the removal of the trailer by the end of April. Mr. Chou said he would respond back to the owner, via Mr. Voong, and stress that the trailer must be removed by the end of April. TSPC Minutes March 13, 2008 Page 4 of 4 1 I mLJJUURNMENT Meeting adjourned at 8:03 p.m. CURRENT BUSINESS -ITEM 7.1 • -- �, - -- - TO: Traffic, Safety and Parking Commission DATE: April 7, 2008 FROM: Augustine Chou, Traffic Engineer SUBJECT: Commission Appeals Process Policy Meeting Date: April 13, 2008 RECOMMENDATION: Staff recommends the Commission review the draft document and conduct ongoing discussions to create a final draft. Once a final draft version is established, it is recommended that the Commission vote to adopt an Appeals Process policy document. DISCUSSION: Staff and the Commission recognized a need for an established set of procedures regarding how the Commission deals with public appeals to issues brought before the Commission. The purpose of this document is to prevent unnecessary and redundant work by the City's commissioners and staff in addressing public concerns and requests which are repeatedly presented month after month in the hope of a different outcome. Similar to the Commission Procedural Policy document, a procedural policy should be drafted to provide the commission members with a definitive source of information and direction to guide the Commission, staff, and ultimately the public on how, where, and when an appeal may be conducted. A draft version is attached to serve as a starting point for discussion. Page 1 of 1 S:W Public Works Directory\TSP Commission\Staff Raports\2008\TSPC Staff Reporl-Appeals Policy.doc TRAFFIC, SAFETY AND PARKING COMMISSION APPEALS PROCESS I. Appeals The Chair will announce the rights of appeal of th Commission following a final decision. Pers! Commission decision to Council should conf�;ct4 . v�L�'u:.,ry'r„h Department the next business day to mak��'`surE and time requirements are understood..:Normally end of the next City Council meeting. , ?��1�ti.�._ II. Appeals Process Back To Commission (This section intentionally left ��eesbti� as established by the .:. ns in�ere�ted in appealing a ie Public ti'1�o;�ks —Engineering .ti.SrLtiti� � 1 that the appeal process, fees, an appeal m�s�tibe filed by the .) III. Appeals Process To City Coun�i,l ��""r��"ti �� / l L•� 1, x..1'1 'g'+`"�'..'..�u.' `±'.•• `y�1 ti:L, .titi1 � iy A. After a d�:#�rt-rl i�fiion and deci�i'bn by the commission, any person may appeal��ti�e Corrimtssion dec�sior%to the City Council. The following must be submtt�,;�;�in order`��fQr the appeal��to_be effective: 1. The 2. '`�`Jf�ra?.ust b�`s:,ubmitted to�both the Public Works —Engineering Depa�tmeri�'���d,tothe office of the City Clerk. mow: tip:• }.:s� 3. A req�;���d fe���nust be included to the submission to the City Clerk.. ;�.1 The fe���mount shall be determined by the City's Fee Schedule. (If '� vvy r•: ��:� �;�y, a request for review or an appeal is presented or advocated by a ```"'�`r���,Comr1r'rssioner or staff, no fees are required.) �:.�;.wSr,. s. At its n�Xt regular meeting following the appeal or the suspension by the council, or at any meeting thereafter to which the matter may be continued, the council shall conduct a hearing thereon. After having held such hearing, the council shall make and file its order determining the matter and may approve, disapprove or modify the order of the commission. -1- Approved on rkv,Trmqwm M I wa IV, F TRAFFIC, SAFETY AND PARKING COMMISSION RULES OF PROCEDURES I. Purpose. A. Municipal Code. These Rules of Procedure are adopted pursuant to Burlingame Municipal Code §3.22 to guide proceedings before the Commission. B. Commission Authority and Duties. The Traffic, Safety and Parking Commission's duty, under direction and/or specific request from the City Council, is to provide the general public with a citizen's forum for which to discuss matters pertaining to traffic, parking, and pedestrian safety in the City of Burlingame. The Commission will serve as the City's first-line source for the public to openly discuss traffic, parking, and pedestrian safety concerns. When so tasked by the City Council, the Commission shall have the authority to hold public hearings and provide recommendations back to the City Council. C. Staff Authority and Duties. The Public Works —Engineering and Police staff shall be responsible for providing written staff reports to the Commission, when necessary. City staff is responsible for setting agenda items, and will work in coordination with the Chair to facilitate an effective and productive meeting. D. Recommendations and Voting. Staff's role in each proceeding is to make a determination of action based on professional Engineering and Police evaluations. The Commission's role is to either provide concurrence with the staff recommendation, or a ruling of non -concurrence to the issues presented. If there is a conflict between the staff recommendation and the majority of the Commission, and Council action is necessary, a staff report may be submitted to Council on the difference in determination and non- concurrence. II. Officers. A. Offices. The Commission will have a Chair, and a Vice Chair. B. Term of office. Each officer of the Commission will serve for aone-year term and hold office until the officer's successor is rotated to the office, or the Commissioner's term as Commissioner ends, whichever occurs first. -1- Approved on March 13, 2008 C. Election of officers. Officers will be elected at the Commission's regular meeting in December of the previous year. The election order is as follows: 1. Nomination and vote for Chairperson. 2. Nomination and vote for Vice Chair. 3. A Commissioner eligible under this subpart may decline to serve, in which case another nomination may be made by the Commissioner. D. Vacancies. If an office becomes vacant during the year, new nominations and elections shall be made as provided in subpart (C) above at the next regular meeting of the Commission following the occurrence of the vacancy. The persons elected to new offices when such a vacancy occurs shall serve the balance of the one-year term for the offices. E. Removal of Officers. Officers) may be considered for removal from their positions by way of a motion to remove, a second, and a vote. Removal will take place following the majority vote by the entire Commission. A majority vote, in this case, is defined as 4 out of 5 votes in favor of removal. Replacement officers) will be elected at the next Commission meeting. F. Duties of the Chair. The Chair performs the following duties: 1. Presides at all meetings of the Commission. 2. Signs correspondence on behalf of the Commission. 3. Represents the Commission before the City Council. 4. Performs other duties necessary or customary to office of the Chair. 5. Serves as the primary spokesperson for the Commission to the public, unless a Commission designate or subcommittee has already been assigned. G. Duties of the Vice Chair. In the event of the absence, disability, or disqualification of the Chair to act as Chair, the Vice Chair performs the duties of the Chair. The Vice Chair will also serve as the primary person to welcome and mentor newly appointed Commissioners to the Commission. H. Absence of officers. If none of the two (2) elected officers are able to perform the duties of Chair because of absence, disability, or disqualification, the remaining Commissioners shall elect one of themselves to act as temporary Chair. Committees and subcommittees. The Commission, or the Chair with the authorization of the Commission, may create committees or subcommittees -2- Approved on March 13, 2008 to study or advise the Commission on matters within the jurisdiction of the Commission. These committees or subcommittees may be composed of Commissioners or members of the public, or both, so long as fewer than a quorum of the Commission serve on the committee or subcommittee. Such committees or subcommittees shall be advisory only to the Commission and shall direct all communications to only the Commission. III. Types and Places of Meetings A. Regular meetings. Regular meetings of the Commission shall be held on the second Thursday of each month at 7:00 p.m. in the City Council Chambers of the City Hall. The Commission may cancel a regular meeting, or may schedule a regular meeting at a different date, time and/or place within the City. The Commission may also adjourn or continue a meeting to such date as the Commission may determine. B. Special meetings. A special meeting of the Commission may be held at a time and place within the City,, as may be determined by a vote of the Commission, through staff recommendation, or by call of the Chair. IV. Quorum and Voting A. Quorum. Three Commissioners, a majority of the membership of the Commission, constitutes a quorum for purposes of conducting any business of the Commission. However, a meeting may be continued to a new date and time with less than a quorum present at a regular or special meeting of the Commission. B. Vote required. Unless otherwise required by State law, official action of the Commission requires the affirmative vote of a majority the Commissioners present, and never less than three (3). Abstentions and disqualifications do not count as affirmative votes. C. Eligibility to vote. A Commissioner shall be eligible to vote on approval of meeting minutes though the Commissioner was absent from a prior hearing on the same matter if the Commissioner has listened to the audiotape or if available, the videotape of that prior hearing. A Commissioner is eligible to vote on a procedural matter or legislative recommendation regardless of the Commissioner's attendance at a prior discussion or hearing, without having listened to a tape of the prior proceeding, and to vote at an administrative hearing even though the Commissioner was absent from a prior study session without having listened to a tape of the prior study session. D. Manner of voting. Votes may be taken by voice vote or roll call at the discretion of the Chair. Any Commissioner may request a roll call vote, which shall then be taken. No votes shall be by secret ballot. -3- Approved on March 13, 2008 E. Effect of a tie vote. A tie vote defeats a motion. Unless a subsequent motion is made and adopted, a tie vote before the Commission means a denial of the request. When acting on a recommendation to the Council on legislation, the Commission may forward the results of its discussion to the Council, even though the Commission was unable to reach a majority vote on a specific recommendation. V. Order of business A. Regular meeting. The usual order of business at a regular meeting of the Commission will be: 1. Call to Order. 2. Pledge of Allegiance. 3. Roll Call. 4. Acknowledgements. 5. Approval of Minutes. 6. Public Comments. 7. Current Business. 8. Information/Discussion Items from Commission and Staff. 9. Communications. 10. Commission and Committee Reports. 11. Upcoming Agenda Items. 12. Adjournment. B. Special meetings. Special meetings of the Commission will usually be limited to a few agenda items, and the agendas will be developed around those items. C. Change in agenda order. With the majority consent of the Commission, the Chair may change the order of any agenda item for the convenience of the public or the Commission. VI. Public hearing process A. Order. The following process will usually be followed on items set for public hearing: -4- Approved on March 13, 2008 1. Chair will call the item for hearing. If the hearing procedure has not already been described by the Chair at that meeting, the Chair will tell the audience what the general procedure for the hearing will be. 2. Any Commissioners with a potential conflict of interest will declare the potential conflict, disqualify themselves from participation, and leave the venue until discussions are concluded on that item. Any Commissioners who have visited the site of the issue or received any information outside the record will state that information. 3. City staff will present a report on the matter and respond to questions from the Commission, and the Commission may indicate any aspects of the issue on which the Commission would like additional information or comments. 4. Any interested person from the public, if any, will present any additional information or testimony not provided in the staff report, respond to the staff report, and respond to questions from the Commission. Any other interested persons are encouraged not to repeat testimony that has already been presented. If a person wants to simply affirm that he or she agrees with a previous speaker, the person should do so. 5. The Chair will close the public hearing. 6. The Commission will discuss the issue and take such action as may be appropriate. B. Deferral to Chair. All comments and questions by both Commissioners and the audience are directed to and through the Chair. C. Identification of persons giving evidence. All persons giving testimony shall identify themselves by name and address. D. Time limitations: The Chair may limit the time for presentation of testimony by each person, and in any event, it is expected that no person shall testify longer than five (5) minutes. However, the Chair may extend this time period if the person is making a combined presentation on behalf of a large number of persons. E. Multiple appearances. Except for the interested person and responses by staff, no person shall be allowed to testify more than once during a hearing unless the Chair determines that the person's second testimony will provide vital information to the Commission that has not already been presented. F. Effect of hearing closure. After closure of the public hearing, the Commission will not receive any additional evidence unless the hearing is reopened by the Chair with the consent or vote of the Commission. However, the Commission may ask the interested persons for consent to t�� Approved on March 13, 2008 VII. VIII. specific conditions on the issue or for clarification by the staff without reopening the public hearing. G. Control of proceedings. The Chair may direct any speaker to end or move on with testimony if the testimony is repetitive of matters already presented or is irrelevant to the application before the Commission. H. Decorum. Hearings before the Commission are held under informal rules. of evidence and are intended to promote the interests of the community. Personal attacks and attempts to intimidate citizens, whether applicants or interested citizens, are strongly discouraged and will be ruled out -of -order. I. Deliberations. Commissioners shall not reach any conclusion on an issue before the close of the public hearing. The determination of the Commission is to be based on the record presented to the Commission as well as the Commissioners' experience and knowledge of the community. Commissioners are responsible for making their best efforts to articulate the reasons for their determination are discussed on the record and findings made as discussed below. Submission of written materials A. Written submission encouraged. Interested persons are encouraged to submit written materials for Commission consideration prior to the public hearing on the item. This saves time at the hearing and better focuses the discussion and testimony. B. Timeliness. In order to be included in the packet provided to the Commission before the hearing, written materials must be provided to the Traffic Engineer or the Traffic Sergeant no later than ten (10) days before the public hearing. C. Late submission. Written materials may also be presented to the Traffic Engineer or Traffic Sergeant for Commission consideration at a later time up to the close of the public hearing. D. Number of copies if submitted late. If written material is provided, the presenter is expected to provide at least seven (7) copies so that each commissioner and staff will each have a copy. E. Retention of submittals. Photographs, diagrams, letters, and petitions required to be left with the City staff for record purposes and will not be returned. Receipt of information outside the public proceeding A. Site visits. It is expected that Commissioners will visit the site of an issue or request on an individual basis. Although not expected or required, -6- Approved on March 13, 2008 individual commissioners may discuss or meet with the interested persons, but in no event shall any commissioner commit to a particular vote or decision before the close of the ,public hearings on that item. It is important to remember that Commissioners are responsible for ensuring the actual integrity of the process and the public's confidence in that process by being even-handed to all interested persons. B. Disclosure. Any discussion with any interested persons shall be summarized by the individual commissioners. IX. Findings A. Generally. Findings are the means by which the statutory and ordinance requirements are tied to the specific facts of an issue. Interested persons are expected to provide the Commission with proposed findings that justify the concurrence of a request or an issue under relevant law and policy. B. Motions. In making motions for concurrence or denial, Commissioners may incorporate the findings outlined in the staff reports and proposed findings offered by the interested persons, as well as articulating their own findings that allow the City Council and the public to understand how the decision was reached. C. Additional preparation. If the complexity or breadth of a particular application requires extensive findings, the Commission may request staff to prepare written findings in accordance with Commission discussion for review and possible adoption at a subsequent meeting. X. Denial without prejudice The Commission may deny a request on an issue without prejudice, which means that the interested persons may submit a similar application at after a specified time period in the future for consideration by the City. The Chair will announce the rights of appeal of the decision as established by the Commission following a final decision. Persons interested in appealing a Commission decision to Council should contact the Public Works —Engineering Department the next business day to make sure that the appeal process, fees, and time requirements are understood. Normally, an appeal must be filed by the end of the next City Council meeting. Approved on March 13, 2008 XII. Relationship with Council; Other Boards and Commissions, and Public A. Council communications. The principal source of communication with the Council is through Commission minutes. Direct communication on behalf of the Commission should be directed through the Chair or the City staff. With the consent of the Commission, other Commissioners may be authorized to represent the Commission before the Council. B. Requests to other Boards and Commissions. Because the Commission is advisory to the Council, requests for information from or for review by other City boards and commissions should be directed to the Council for approval. C. Communications with the public. Public statements on behalf of the Commission should be approved by the Commission before release. XIII. Requests for Staff Information A. General policy. Individual Commissioners may request additional information from staff members to assist in their analysis. However, this information is to be provided to all Commissioners. B. Limitations. Individual Commissioners should not request staff members to prepare information that will consume significant amounts of time without consulting with the Director of Public Works. XIV. Effect of the Rules of Procedure These rules of procedure are intended to provide the basic guidelines for the conduct of Commission business. Any failure to follow a specific provision of these rules shall not be grounds for overturning any decision or action of the Traffic, Safety and Parking Commission nor shall any improper admission or rejection of evidence or any other error, irregularity, informality, neglect, or omission as to any matter pertaining to any matter before the Commission; unless the misstep was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that the misstep was prejudicial or that injury was done if the misstep is shown. �:� Approved on March 13, 2008