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
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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
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ns in�ere�ted in appealing a
ie Public ti'1�o;�ks —Engineering
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that the appeal process, fees,
an appeal m�s�tibe filed by the
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III. Appeals Process To City Coun�i,l ��""r��"ti ��
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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.
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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
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��:� �;�y, a request for review or an appeal is presented or advocated by a
```"'�`r���,Comr1r'rssioner or staff, no fees are required.)
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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.
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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.
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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
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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.
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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:
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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
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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,
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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.
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