HomeMy WebLinkAboutAgenda Packet - CC - 2002.01.23BT]RLINGAME CITY COUNCIL AGENDA
Rrcur,an Menrrxc - WEDNESDav, Jaxumv 23, 2002
Plcr I or3
f' SEMS (Standardized Emergency Management Systems) f6ining
for City Council Members
1. CALL TO ORDBR
2. PLEDGE OF ALLEGIAI{CE TO TIIE FLAG
3. ROLL CALL
4. MINUTES - Regular Meeting of January 7,2002
5. PT BLIC IffiARINGS The moyormay limit spea*en tothree minates each
a. Citizens Options for Police Spending (COPS) $100,000 Grant
b. Adopt ORDINANCE Restricting Hours for Loading and
Unloading that Causes a Noise Disturbance in a Residential
District
c.Appeal sf planning Commission's Denial without Prejudice on
Application for Conditional Use Permit to Convert Service
Bays of an Existing Gas Station to a Mini-Mart at ll47 Rollins
Road, Zoned,C-l
6. PUBLIC COMMENTS At this time persons in the audience may speak on
any item on the agenda or any other matter within the jurisdiction of ,Jre Council.
The Ralph M. Brown Act (the Sate local agercy open meeting law) prohibits
council from acting on any matter which is not on the agenda. It is the policy of
courcil to refer such rntters to safffor investigation and/or action- Tbe Mayor
rnay limit speakers to three mimiles each.
7. STAFF REPORTS AND COMMTJMCATIONS
a. Presentation of the Proposed Countywide Traffic Deficiency
Plan by C/CAG Staff
b. RESOLUTION Supporting Transportation Congestion
Improvement Act (Prop. 42,Much5,20ff2 Ballot)
c. Introduce ORDINANCE Amending Chapter 8.08 to adopt by
Reference Provisions of Titles 4 and 5 (Sanitation and Health)
of San Mateo Ordinance Code and Conforming Backflow
Protection for Fire Protection Systems
d. RESOLUTION Authorizing Management Agreement for
Shuttle Bus Program with Peninsula Traffic Congestion Relief
Alliance
CiA of Burlingame
CIry HALL - 5OI PRIMROSE ROAD
BI.JRLINGAME, CALIFORNIA 94O I O
(6s0) 558-7200
SAGGESTED ACTION
6:15 p.m., Lane Cornmunity
Room, Burlingame Library
7:00 p.m., Council Chambers
Approval
Hearing/Action
Hearing/Action
Hearing/Action, Request by
applicant to continue
Presentation
ReviedApprove
Introduce
Approve
8.
BURLINGAME CITY COT]NCIL AGBI\DA
Rncur..m MEETTNG - WEDNESDA& JANUARY 23, 2OO2
Plcr2 or3
CONSENT CALENDAR - Items on the Consent Calendar are acted on
rirrtt o"o*ly unless separate discussion and/or action are requested by a corncil
member.
a. RESOLUTION Awarding Burlingame/Grove Water Main
Replacement Project, Phase 2 - CP 80320
b. RESOLUTIONS Authorizing Director of Public Works to
Accept Grant Deeds for Pedestrian Easements at lMl & 1049
Broadway
c. RESOLUTION Amending Agreement with Parking
Corporation of America Shuttle Service (to add BART shuttle)
d, Authorize City Attorney to join in Amicus Brief being filed in
Eastburn vs. Regional Fire Protection Authority, pending
before the Court of APPeal
e. Warrants and Payroll, December 2001
COMMITTEE REPORTS
OLD BUSINESS
NEW BUSINESS
a. Confirm Request for Public Hearing fot 1224-L228 Paloma
ACKNOWLEDGMENTS
a. Commission Minutes: Traffic, Safety Parking, January 10,
2CfJi2; Planning, JanuarY 14,20Oz
b. Departrnent Reports: Police, December 2001; Treasurer,
December 2Cfl; Building, December 2001
c. Letter from Natalie R. Taylor, 1566 Drake Avenue, regarding
possible public nuisance at 1500 Block of Drake Avenue;
response letter from Public Works Engineering Departnrent
d- E-mail from John D. Pivirotto, 233 Bloomfield, regarding street
sweeping, parking meter increases, and speeding in
neighborhoods; response letter from Assistant Public Works
Director
e. Letter from Interfaith Hospitality Nerwork thanking the
Burlingame Fire Deparfinent for the help collecting toys for the
holidays
f. Letter from Criminal Justice Council urging support of
transitional housing for victims of domestic violence
City of Burlingame
CITY HALL - 5Ot PRIMRSB.ROAD .
BI.]RLINGAME, CALIFORNIA 94OIO
(6s0) 553-7200
Approve
Accept
9.
10.
11.
12.
BT]RLINGAME CITY COT]NCIL AGEIYDA
Rncur,.m Mrrtnvc - WEDNESDAY, J.Lmnny 23, 2002
P.lcr3 or3
g. Letter (copy) from John Ward to Alcoholic Beverage Control
opposing liquor license request at 827 California Drive
establishment.
h. Letter from League of Women Voters regarding campaign
finance practices.
13. ADJOT'RNMENT
NOTICE: Any anendees wishing accommodations for disabilities, please conact the City Clert at (650)
55u-.72,0.3 at least 24 hours before the meeting. A copy of the Agenda Packa is available for public review at
the City C:lerk's office, City Hall, 5Ol Primroec Road, from 8:fi) a.m. to 5:00 p.m. before tbe meering and
at the meeting. Visit the City's website at www.burlineame.ore. Agendas and minutes are available at
this site or listen live on our L[VE365 Broadcast via the website.
NEXT MEETING -February 412002
City of Burlingome
CITY HALL - 5OI PRIMROSE ROAI)
BI.]RLINGAME, CALIFORNIA 94OI O
(650) 558-7200
a.
UNAPPROVED MINUTES
BURLINGAME, CALIFORNIA
January 7r2002
Pending Litigation (Govemment Code $ 5a956.9(a)):
Louis Marini vs. City of Burlingame, San Mateo Superior Court Case No. CIY 419382
CA Anderson stated Council was updated on the current status of the above litigation.
b. Threatened Litigation (Government Code $ 54956.9(b)(1), (3)(c)
Demand of State of California
CA Anderson stated Council discussed a threatened litigation demand from the State of California with
the City Manager, City Planner and City Attorney.
1. REGULAR MEETING CALLED TO ORDER
A 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 at7:04 p.m. by Mayor Mary Janney.
2. PLEDGE OF NCE TO THE FLAG
Led by Fire Chief Bill Reilly.
3. ROLL CALL
Council Present:
Council Absent:
BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY
None
4. MINUTES
Vice Mayor Coffey made a motion to approve the minutes of the Special Council Meeting held
November 28,2001; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0.
Councilwoman O'Mahony made a motion to approve the minutes of the Regular Council Meeting held
December 3,2001; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0.
1
Burlingame City Council January 7,2002
CLOSED SESSION:
Councilman Galligan made a motion to approve the minutes of the Special Council Meeting held
December 17,2001; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0.
5. CEREMONIAL
Fire Chief Reilly swore in newly appointed Deputy Fire Marshal, Roque Yballa. DFM Yballa's badge
was presented to him by his wife, Christine.
6. PUBLIC HEARINGS
a. Adopt Ordinance #1676 Revisins Fees for Water Service (Flow Tests. Temporary Water
Services and MeledustallaliaE!)
ADPW Erbacher recommended Council adopt Ordinance #1676 to revise fees for water service (flow
tests, temporary water service and meter installations). The existing water rates and connection fees
were adopted by Council on July 16,2001; however, certain other fees relating to water services were
not included in the adopted Ordinance.
Mayor Janney opened the public hearing. Ray Moss, 1837 Hunt Drive, had a concern regarding his
water bill; ADPW Erbacher was directed to follow up with Mr. Moss about his concems.
Councilwoman O'Mahony made a motion to adopt Ordinance #1676 revise fees for water service;
seconded by Councilwoman Baylock, approved unanimouslyby voice vote, 5-0.
b. Request for permit to keep three dogs. 1252 Capuchino Avenue
CA Anderson recommended Council hold a public hearing to determine whether or not Mr. Bill Roper
and Ms. Kyle Matthews, owners of 1252 Capuchino, will be allowed to keep three dogs at their
residence. The city Ordinance allows no more than two dogs without a permit.
Mayor Janney opened the public hearing. Bill Roper, owner of 1252 Capuchino, spoke to Council about
his desire to be able to obtain a permit to keep his three dogs. Ron Drabkin, 7224 Capuchino, spoke
against Mr. Roper obtaining the permit. There were no other comments from the floor and the hearing
was closed.
Vice Mayor Coffey made a motion to approve the special permit to allow three dogs at 1252 Capuchino
Avenue with the conditions that the permit be for only these three specific dogs, that a police officer will
inspect the fence for strength and safety, and that if there are any future complaints, the Code
Enforcement Officer will notify Council and make a recommendation regarding the permit; the findings
to grant the permit are that the couple moved to knowing about the Ordinance and
that there has not been any indication that these dogs will be le to the neighborhood; seconded by
Councilwoman Baylock, approved by voice vote, 3-2, with
Galligan dissenting.
O'Mahony and Councilman
s$s
2
Burlingame City Council January 7,2002
(.
a.
7. PUBLIC C S
Mr. Chip Coleman, 2308 Hale Drive, Mrs. Magson, 800 Maple, representatives from Baha'i Faith
Community, spoke regarding an event called "World Region Day''. They also read a prayer and gave a
copy to Council. Mr. Rich McGough, 1712Davis Drive, spoke regarding the proposed Ordinance
restricting hours of loading and unloading and favored 8 a.m. on Saturday, Sunday and holidays for
hours rather than 9 a.m.
8. STAFF REPORTS AND COMMUNICATIONS
Review of the Draft 2001-2006 Housins Element Prior to Submittal to the State of California
for Compliance Reyiew
CP Monroe requested the Council review the proposed Draft of the 2001-2006 Housing Element; Mayor
Janney noted there may be members of the public in attendance who may wish to speak; she would give
them an opportunity after the Council had commented on CP Monroe's presentation. CA Anderson
discussed the state mandated requirements for Housing Elements and the ABAG "fair share"
requirements. CP Monroe presented the major components of the proposed draft 2001-2006 Housing
Element.
Council members asked about the Second Unit Amnesty Program suggesting that when it is extended
the city might consider making it more flexible in terms of parking requirements and owner occupancy;
they inquired about the building height limits at the north end of the city and the aviation easement
requirements; can the plan as proposed be effective if the area at the south end of the city is zoned R-3
instead of R-4; increasing the density on Rollins Road south of Bloomfield does not meet a transit
oriented standard; the sites selected for the plan shows the potential for 774 dwelling units when we are
only required to provide for 565, should the number be closer to 565; because of its proximity to
Millbrae and BART, owners of the Plaza Shopping Center should be encouraged to build a mix use on
that site; feei it is a good idea to report the number of hours spent preparing this document.
Mayor Janney noted that this item had been widely noticed to the public and then asked for any
comments from the floor. Mr. Leigh Tanton, Linden Avenue, commented on the current Second Unit
Amnesty Program from the perspective of a participant, he noted that the on-site parking requirements
were too high and asked that they be reduced; he noted that in his opinion as long as second units were
allowed to continue as nonconforming uses, property owners with them on their sites will not come
forward for amnesty. There were no other comments from the floor and the public comment was closed.
Council continued their comments: Feel that the document is ready to be forwarded to the state
Department of Housing and Community Development for review, the comments raised this evening will
be addressed as the action program is implemented; the Planning Commission and Council will also be
reviewing this item again after the state has commented and before it is amended to the City's General
Plan. Changes can be made at that time if necessary. Councilwoman Baylock noted that while the
document should be sent forward, she wanted it noted in the record that she preferred R-3 to R-4 as the
implementing overlay zoning in the area south of Burlingame Avenue.
Vice Mayor Coffey moved and Councilwoman O'Mahony seconded that the Draft of the 200I-2006
Housing Element should be forwarded to the state for review. The vote was 5-0. Mayor Janney thanked
J
Burlingame City Council January 1,2002
staff for a job well done, particularly to all the members of the Planning staff who contributed
individually to the preparation of this excellent document.
b. Consider Introduction of Ordinance Restricting Hours for Loading and Unloading that
Causes a Noise Disturbance in a Residential District
CA Anderson recommended Council discuss and consider introduction of an Ordinance to restrict hours
for loading and unloading of trucks in commercial areas that are immediately adjacent to residential
districts. The Burlingame General Plan provides a "quiet time" between l0:00 p.m. to 7:00 a.m. where
obtrusive noise should be avoided. The neighbors and Peninsula Hospital have been working together
tryrng to come to some arrangement in regards to deliveries that would meet the hospitals needs and also
safeguard the peace and quiet ofthe neighbors.
Mayor Janney requested the City Clerk read the title of the proposed Ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed Ordinance; seconded by Councilman
Galligan, approved unanimously by voice vote, 5-0. ( s___
Councilman Galligan made a motion to introduce an Ordinance restricting hours hh@aing and
unloading between the hours of 10:00 p.m. to 8:00 a.m. Saturdays, Sundays and hohdqdand from
10:00 p.m. to 7:00 a.m. Monday thru Friday; seconded by Councilwoman Baylock, approved
unanimously by voice vote, 5-0. Mayor Janney requested the City Clerk publish a sunmary of the
proposed Ordinance at least five days before introduction.
c. Adopt Resolution of Intention #04-2002 to Consider Removal of the Citv q[ Dalv City from
Boundaries of San Mateo Countv Tourism Business Improvement District and 2) Introduce
Ordinance Amending District to remove Daly City from Boundaries qf District
CA Anderson recommended Council adopt Resolution #04-2002 to consider removal of the City of Daly
City from the boundaries of the San Mateo County Tourism Business Improvement District setting a
public hearing on February 4,2002 and introduce an Ordinance to remove Daly City from the District.
Vice Mayor Coffey made a motion to adopt Resolution #04-2002 to Consider Removal of the City of
Daly City from Boundaries of San Mateo County Tourism Business Improvement District; seconded by
Councilman Galligan, approved unanimouslyby voice vote, 5-0.
Mayor Janney requested the City Clerk read the title of the proposed Ordinance. Councilman Galligan
made a motion to waive further reading of the proposed Ordinance; seconded by Councilwoman
O'Mahony, approved unanimouslyby voice vote, 5-0.
Councilman Galligan made a motion to introduce the proposed Ordinance; seconded by Councilwoman
O'Mahony, approved unanimously by voice vote, 5-0. Mayor Janney requested the City Clerk publish
a summary of the Ordinance at least five days before proposed adoption.
9. CONSENT CALENDAR
a. Resolution #03-2002 Accentins Shoreland Easement Sewer Rehabilitation
4
Burlingame City Council January 1,2002
ADPW Erbacher recommended that Council approve Resolution #03-2002 accepting the Burlingame
Shoreland Easement Sewer Rehabilitation project constructed by Darcy and Harty Construction of San
Francisco in the amount of $323,955.
b. Resolution #02-2002 Administration Asreement and - BART Shuttle and
Resolution #01-2002 Authorizing Administration and Agreement and Grant - CalTrain
Shuffle
ACM Becker recommended Council approve Resolutions#01-2002 and02-2002 atthoizing
agreements with Peninsula Corridor Joint Powers Board (JPB) for administration of Burlingame shuttle
buses.
c. Request from City Librarian to Attend Out of State ce in Arizona
City Librarian Escoffier requested Council approve out of state travel for himself and four library
program managers to attend the Public Library Association Conference in Phoenix , AZ,March 12 to
March 16,2002.
d. Warrants and Payroll. November.200l
ACM Becker requested approval for payments of Warrants #79600-80087, duly audited, in the amount
of $2,260,887 .19, excluding library checks #79943-79990, Payroll checks 143155-144010 in the amount
of $1,514,891.37 for November,200l, and EFT's for the month of November,200l in the amount of
$356,886.92.
e. Status of RCN Fiber Cable Installation
ACM Becker presented to Council a status report on the RCN Fiber Cable Installation.
f.Anprove Unit Reduction for Assessment Basis for Bel-Mateo Motel from 32 units to 23 units
under the San Mateo County Tourism Business ImptoreuqnllDislde!
CA Anderson recommended Council approve the reduction in unit count for assessment basis for Bel-
Mateo Motel from32 units to 23 units.
Councilwoman O'Mahony made a motion to approve the consent calendar; seconded by Vice Mayor
Coffey, approved unanimously by voice vote, 5-0.
10. COUNCIL COMMITTEE REPORTS
Council reported on various events and committee meetings they each attended on behalf of the City
11. OLD BUSINESS
Councilwoman O'Mahony suggested staff arrange to have a presentation on the C/CAG Traffic
Deficiency presentation at an upcoming meeting.
5
Burlingame City Council January 7,2002
CP Monroe requested Council set a public hearing for ll47 Rollins Road, Mr. and Mrs. Greco, owners
of a service station who are appealing the Planning Commissions decision to deny the application for a
conditional use permit.
Public Hearing be set for February 4th appealing the Planning Commission decision for 1509 Los
Montes Drive.
13. ACKNOWLEDGEMENTS
a. Commission Minutes: Planning, December l0 & 19, 2001;, Beautification, December 6; Traffrc,
December 13, 2001 ; Library, November I 3, 200 1
b. Department Reports: Building, November,200l; Finance, November 30,2001; Police,
November,200l
c. Letter from Dorothy Azevedo-Scorpiniti, regarding BART coming to Burlingame
d. Letter from Mary MacDonald,342Blm Street, San Mateo, regarding dangerous pedestrian
crosswalk at California and Lorton; response from ADPW Frank Erbacher.
14. ADJOURNMENT
Mayor Janney adjourned the meeting at 8:55 p.m. in memory of both Mr. Al Baggiani and Mr. Dan
Kain, who recently passed away.
Resp ectfully submitted,
Ann T. Musso
City Clerk
6
Burlingame City Council January 7,2002
STAFF REPORT
AGEI\DA
ITEM # 54
MTG.
DATE r/23/2002
TO: HONORABLE MAYOR AND CITY COUNCIL
DArE: 3 Jan 02
FRoM: ChiefMissel
suBJECr: Public Hearing to Approve Expenditure of COPS X'unds
RECOMMENDATION: The City Council should hold a public hearing forthe purpose of approving
Chief Missel's plan to use COPS (Citizen Options for Police Spending) funds allocated to Burlingame.
This hearing should be on the agenda for the second Council meeting in January 2002.
BACKGROUI{D: The State of Califomia has awarded the City of Burlingame $1001000 in COPS
funding for this year. In order to obtain these funds, there must be a public hearing at a regularly
scheduled city council meeting to rcview and approve the spending plan for the funds. The Chief of
Police is responsible for developing the spending plan. The plan for consideration is the same as
approved last year by the Council. All of the COPS funds will be used to pay the salaries and benefits of
one plus (1+) Burlingame police officers. This expenditure fulfills the mandatc of Goverrror Davis that
COPS funds be used for police personnel costs.
BY
BY
ATTACHMENTS: None
AGENDA
ITEM #
MTG.
DATE .il,2i12002
5h
STAFF REPORT
TO:Honorable Mavor and Council
BY
DATE Januarv 14.2002 APPROVED
BY
Larrv E. Anderson. Citv Attorney
ADOPT ORDINANCE RESTRICTING HOURS FOR LOADING AND UNLOADING THAT
CAUSES A NOISE DISTURBANCE IN A RESIDENTIAL DISTRICT
FROM:
SUBJECT:
RECOMMENDATION:
Adopt ordinance that was introduced at the January 7,2002, Council meeting and direct City Clerk to publish a
summary of the ordinance within 15 days of adoption.
DISCUSSION:
At the January 7 meeting, the City Council discussed a draft ordinance that would limit deliveries and
loading/unloading activities that disturb a residential district during nighttime hours.
No person shall be allowed to cause any noise to be emitted past his/her property line in any manner so
as to create any noise that would cause the ambient L,o noise level to be increased by more than 5 dBA.
The Noise Element identifies the hours of l0 p.m. to 7 a.m. as nighttime hours and weights that noise as being
l0 times as intrusive as daytime noise (7 a.m. to 7 p.m.). Section 3.1.
At the January 7 meeting, a citizen requested, and the Council concurred, that the beginning time on weekdays
be 7 a.m., while on Saturdays, Sundays, and holidays, the beginning time be 8 a.m.r
The proposed ordinance that was introduced has the following key points
Deliveries would only be restricted when they cause a noise disturbance to property in a residential
district (R-1, R-2, R-3, and R-4) - but not a residential overlay district such as C-R.
lMenlo Park limits deliveries to commercial and industrial businesses to 7 a.m.to 6 p.m on weekdays, and
9 a.m. to 5 p.m. on weekends and holidays; Menlo Park exempts food deliveries to restaurants and food retailers
from these limited hours. Los Altos limits deliveries and loading/unloading to 7 a.m. to l0 p.m. when a noise
disfurbance would occur across a residential property line. Fresno limits such deliveries to 8 a.m. to 6 p.m. unless
the delivery area is completely enclosed. The 7 a.m. time start seems fairly well-accepted in other municipal codes.
A.
Section 4.2 of the Noise Element of the City's General Plan provides the following standard:
C
Mayor and Council
Re: Adoption of Ordinance Restricting Loading and Unloading
January 14,2002
Page 2
B. The restricted hours would be:
1 . 10 p.m. to 7 a.m. on weekday mornings;
2. 10 p.m. to 8 a.m. on Saturday, Sunday, and holiday mornings
The following deliveries would be excepted from the restrictions so long as no more noise than
necessary was generated:
1. Emergency deliveries for health and safety.
2. Medical equipment and consumables to be used in the following 24 hours.
3. Fresh produce to grocery stores and food establishments for usage in the following 24 hours.
4- Deliveries required during those hours by a condition of a planning approval, so long as the
deliveries conform to the planning approval.
5. Collection of solid waste by a franchised hauler.
D. A variance procedure would be allowed when a property owner can demonstrate that relief from the
restrictions is necessary to conduct a use and there are no alternatives. However, the deliveries must conform to
strict conditions imposed in the variance process. The Director of Public Works would oversee this process
with an appeal to the Planning Commission and notice to adjacent property owners.
Copies of the proposed ordinance have been provided to a number of residents, Peninsula Hospital, and the
Police Department.
Attachment
Proposed Ordinance
Distribution
The Huebners
The Francos
The McGoughs
Carole Groom, Peninsula Hospital
Chief of Police
Director of Public Works
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ORDINANCE NO.
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING THE MUNICIPAL CODE TO ESTABLISH
RESTRICTED HOURS FOR LOADING AND UNLOADING
THAT CAUSES A NOISE DISTURBANCE IN A RESIDENTIAL DISTRICT
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows
Section t . The Noise Element of the City's General Plan provides that the hours of l 0 p.m.
to 7 a.m. are nighttime hours and noise during those hours is considered as ten times as disturbing
as during daytime hours. The residential districts of the City have expect a lower level of noise
intrusion during these hours than during daytime hours. Pursuant to the goals set forth in the Noise
Element, the loading and unloading of vehicles that cause a noise disturbance to a residential
district should be strictly limited during those nighttime hours. In addition, an additional quiet
period free from this t1,pe of noise should be expected on Saturdays, Sundays, and holidays. The
proposed ordinance provides exceptions for emergency deliveries, medical consumables, fresh
produce, or as required by a condition ofa planning approval, and provides a variance process
when a business has no other means of meeting its needs.
Section 2. A new Section 10.40.039 is added as follows:
10.40.039 Loading and unloading limited.
(a) Standard. It is unlawful to unload, load, open, close, orhandle boxes, crates, containers,
building materials, or similar objects in such a manner as to cause a noise disturbance across a
property line into property located in a residential district between the following hours:
(1) Between the hours of 10 p.m. on a Sunday, Monday, Tuesday, Wednesday, or Thursday
andT a.m. of the following day; and
(2) Between the hours of 10 p.m. on a Friday and 8 a.m. on the following Saturday; and
(3) Between the hours of 10 p.m. on a Saturday and 8 a.m. on the following Sunday; and
(4) Between the hours of 10 p.m. on a day before a holiday and 8 a.m. on the holiday.
(b) Exceptions. Subsection (a) does not applyto the following so long as the delivery does
11n4/2002
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not cause any louder noise disturbance than necessary:
(1) An emergency delivery necessary to the health and safety of the occupants of the
property to which the delivery is made; or
(2) Deliveries ofmedical equipment or consumable medical supplies that are required for
usage during the following twenty-fovr Q$ hours; or
(3) Deliveries of fresh produce to grocery stores or food establishments that are required
for usage or sale during the following twenty-fotr (24) hours; or
(4) Deliveries made at a time required by a permit approved pursuant to title 25 andmade
in conformance with that permit approval.
(5) Collection of solid waste by a city franchisee pursuant to chapter 8.16 and in
conformance with the terms fo the franchisee's franchise from the city.
(c) Variance.
(1) AnV person may apply for a variance to subsection (a) by applying in writing to the
director ofpublic works. Applications shall be in writing upon such forms, and accompanied by
such data, as may be prescribed by the director, so as to assure the full presentation of the facts
involved. An application fee shall be required as established by resolution. The application shall
contain a description of the property on which the loading or unloading is to occur and the relief
sought. The application shall be signed by the applicant and the property owner.
(2) The director may grant an application for a variance if the director finds all of the
following:
(A) The variance is required because there is no other time of day in which the loading or
unloading can occur due to the nature of the delivery and the nature of the use of the property to
which the delivery is being made; and
(B) The increase in ambient L,o noise level shall not be more than 5 dBA above existing;
and
(C) The proposed loading and unloading will not unreasonably awaken any residents.
(2) If the director determines to grant the variance application, the director shall condition
the approval with those conditions that the director believes are necessary to ensure that the
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restrictions of subsection (c)(l) above are met including noise monitoring programs, and in any
event, shall specify the exact time periods, location, and mode of loading and unloading during
which the deliveries may occur. Upon approval, the director shall mail notice of approval of the
variance to owners of property within three hundred (300) feet of the exterior boundaries of the
property to which the deliveries are to be made. The property owners shall be informed of their
right of appeal.
(3) Appeals from the decision of the director may be made to the planning commission
within seven (7) days after the public notice of the action of the director is mailed. Any member
of the planning commission or council may request a review of a variance under this section by
making such request to the director within seven (7) days of the date of mailing of the public
notice. Upon receipt of an appeal, or a request for review by a commissioner or council member,
the director shall forward the records on the matter to the planning commission at the earliest
available date and cause notice of such hearing to be given as set forth in chapter 25.16.The
planning commission shall consider the matter in the same manner as the standards set for the
director. The decision of the director shall be final seven (7) days after the mailing of the public
notice of the director's action, if no appeal is filed by any person or if no council member or
commissioner requests review of the decision within that time. Any decision of the planning
commission under this subsection is subject to appeal under the same process and within the same
time periods as set forth in chapter 25.16.
(d) Definitions.
(1) Holiday. For purposes of this section, "holiday''is defined in section 13.04.100.
(2) Residential district. For purposes of this section, "residential district" means a district
that is zoned R-l, R-2, R-3, or R-4 pursuant to title 25,btt does not include a district that is zoned
C-R.
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Section 3. This ordinance shall be published as required by law.
Mayor
I, ANN T. MUSSO, City Clerk ofthe City ofBurlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 7th day
of_Januafv, 2002, and adopted thereafter at a regular meeting of the City Council held on the _
day of _,2002, by the following vote:
AYES: COTINCILMEMBERS:
NOES: COLI-NCILMEMBERS:
ABSENT: COI.INCILMEMBERS:
City Clerk
C :\FILES\ORDINANC\deliverynoise.ord.wpd
4y1412002
STAFF REPORT
HONORABLE MAYOR AND CITY COUNCIL SIIB]VIITTED
15.2001
APPROYEI)
AGENDA
ITEM # 5c
MTG.
DATE 1.23.02
TO:
DATE:
BY
BYFROM:CITY
sT,BIECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE ON A
AN APPLICATION FOR A CONDITIONAL USE PERMIT TO CONVERT THE SERVICE
BAYS OF AN EXISTING GAS STATION TO A MINI-MART AT 1147 ROLLINS ROAD'
ZONED C.1.
RECOMMENDATION:
City Council should hold a public hearing including the conditions considered by the Planning Commission
and take action. Action alternatives include:
- approval of the applicant's request with appropriate conditions; or
- denial ofthe applicant's request; or
- because this wii a denial without prejudice by the Commission, the matter can be referred back
to the Planning Commission for the applicant to pursue Commission's pervious direction and/or
additional Council direction.
The reasons for any action by Council should be clearly stated for the record. The Action Alternatives sheet at
the end of the staffreport includes the criteria for a conditional use permit.
Conditions of Approval Considered by the Planning Commission
1. that the project shall be built as shown on the plans submitted to the Planning Department and date
stamped June l, 2001, site plan, flgor plan, and elevations with a mini-mart/sales area of 1,695 SF
including the gas station cashier, an 80 SF office and an 84 SF public restroom;
Z. that any changes in operation, type of product sold or floor area, shall be brought to the Burlingame
Planning Commission for approval,'
3. that no alcoholic beverages shall be sold from the mini-mart nor shall hot food (except hot beverages)
be prepared on or sold from the site;
4. that the conditions of the City Engineer and Chief Building Offrcial's January 16,20Ol memos shall be
met;
5. that any customer seating at tables and chairs shall be prohibited in the sales area or on the premises;
7
APPEAL OF THE PI,IINNING COMMISSION'S DENAL WITIIOUT PREJWICE ON A AN APPLICATION FOR A
CONDITIONAL USE PERMIT TO COIIWRT THE SERWCE BAYS OF AN EXISTING GAS STATION TO A MINI-MART
AT 1147 ROLLINS ROAD, ZONED C-1. Januory 23, 2002
6. that there shall be only one free-standing ATM on-site, to be installed within the mini-mart, and to be
limited to cash dispensing only with no deposit capabilities;
that the applicant shall purchase and maintain daily, more often if necessary, trash receptacles on-site
one of which will be placed by the door to the mini-mart sales area;
that the applicant shall police for trash daily, on-site and adjacent street frontages for 50 feet in either
direction and keep them clean and free of debris and litter associated with the mini-mart; and
that the project shall meet all the requirements of the California Building and Uniform Fire Codes,
1998 edition, as amended by the City of Burlingame.
Planning Commission Action
At their meeting on December 10, 200l,the Planning Commission held a public hearing and voted 6-0-1 (C.
Osterling absent) to deny without prejudice the application to convert the service bays of the gas station at
1147 Rollins Road to a 1,695 SF mini mart. In their action the Commissioners noted: that comparing this
mini-mart to others in the city does not work because of its location at a difficult intersection and freeway on
ramp; the estimated customer numbers may be way offsince the nearby 7-l I is 50Yolarger but has 6O0Yo
more customers than being projected here; during a site visit at 7-11 all customers came from the north
passing by this gas station, people will stop at gas station for a hot sandwich at lunch and using the ATM and
by pass theT-ll, if there were 700-900 customers at the gas station location it would be a nightmare at this
intersection; have issue with comparative table (with other mini-marts) because it did not state size of sales
area may have included restrooms and storage, parking OK since 7-1 t has l0 parking spaces and the gas
station will have 12 customer spaces, new signal at intersection makes it safer than before for gas station
customers to re-enter the roadway; feel customers will prefer 7-l l because they sell alcoholic beverages;
comparative table may not be perfect but indicates that there will be 250 more customers than noted by the
applicant in his submittal here with the mini-mart at this location, need a more accurate trip generation study
not convinced there will be as few more customers as the applicant and traflic study indicates; do not think
the new signal has resolved the access problem for this site; applicant could provide information on the
number of items to be sold with skew numbers, if this is fewer thanT-71 then 7-11 will be a better choice for
customers, need to have this information before can make a decision; concerned that this will become another
7-11 with volume of customers exceeding 600 a day, since the location of the gas station is diffrcult and
dangerous, cannot support.
A motion to deny was revised to denial without prejudice in order to gle the applicant the opportunity to
provide the additional information that Commission had indicated they would need to make a decision. A
denial without prejudice gives an applicant 90 days to return to the Commission with additional information or
a revised project. It also is a final action so allows the applicant to appeal the decision to the City Council if
they wish.
Commission determined that the applicant should be allowed to come back with a revised application
including the following:
- address the traffic and customer issues raised with a new, valid study;
- prepare a market study (based on this location) of new customers and diverted customers from 7-11
(should be done by a firm that deals in market studies for this type of business and in such a way
that market results can be translated into traffic impacts),
- sales area of this proposed mini-mart should be compared to sales areas and volumes of other
mini-marts owned by this applicant; and
8
9
APPEAL OF THE PLANNING COMMISSION'S DENIAL WITHOUT PREIUDICE ON A AN APPLICATION FORA
CONDITIONAL USE PERMIT TO CONWRT THE SERWCE BAYS OF AN EXISTING GAS STATION TO A MINI-A4ART AT
1147 ROLLINS ROAD, ZONED C-1. January 23. 2002
- traffic study needs to use better sampling and be amplified.
BACKGROUND:
The applicant/property owner, Gus Greco, is proposing to convert the three service bays at the gas station at
1147 Rollins Road, into a 1695 SF mini-mart which would also include take-out food service and an ATM
machine. A mini-mart where food is prepared or rapidly prepared (heated) for consumption offthe premises
is considered a take-out food service. (CS 25.36.030 (13). Because the mini-mart was not included as a part
of the original gas station the change to this use is considered an intensification of use on the site requiring a
conditional use permit (CS 25.74.020). Presently the gas station has two gas islands with a total of four gas
pumps and a 1,695 SF structure that contains three service bays, a small office and bathrooms. This
application requires the following conditional use permits.
- to intensify the use at a gasoline service station (remove three service bays and convert the area to a
1,695 SF retail sales, mini-mart and retain four gasoline pumps);
- take out food sales for the sale and processing/preparation of food on site.
The proposed mini-mart would include the sale of prepackaged snacks, candy, gum, cigarettes, soda, and hot
beverages. There would also be self-service coffee and soda machines. Frozen foods would be sold which
could be prepared (heated) on site for immediate consumption, therefore the take out food service permit
requirement. The applicant wishes to retain the existing cash-only ATM machine located in the offtce area and
,nor. it to the mini-mart area. The exterior changes proposed include the installation of a new aluminum
storefront system, with a pass through drawer, new stucco finish on all sides, and a new door along the
exterior elevation. No changes are proposed to the gasoline pumping area (i.e. islands, canopy). This
application was submitted before commercial design review was established, so it was not subject to
evaluation against those criteria.
After reviewing and discussing city policy, the applicant has stated he would not sell alcoholic beverages at
this site. (see condition of approval 3) No sale of alcoholic beverages at a gas station mini-mart is consistent
with all other conditional use permits for gas station mini-marts issued by the city. (See Planning Commission
StaffReport December 10, 2001 attached.)
There are 19 nonconforming parking spaces on the site at this time. They are nonconforming in the sense that
they don't meet current parking dimension standards. With the conversion of the service bays the parking area
will be re-striped to provide for I I parking spaces which meet current code dimensions including one
disabled van accessible space. One space, number I on the plans, has a narrowed access which does not
conform to current parking dimensions because the raised curb for the planter box encroaches into the space.
No variance is required since more on site parking is provided than is required (12 parking spaces provided, 7
parking spaces required). At a gas station two of the parking spaces would be required for employees
working on the site, the remainder would be available to customers.
The applicant is proposing 24-hour operation, seven days a week for both gasoline sales and the mini-mart.
There would be one employee on-site at all times. A manager that oversees this site and three other gas
stations would spend two hours a day atthe site and a book keeper would be on site for two hours a day. No
change in the number of employees is expected in the next five years or thereafter. The applicant anticipates a
maximum of 9 to 10 people on site at any one time including employees and customers. Tanker truck
deliveries are made to the site every other day during off- peak hours, midnight to 6 a.m. Trucks enter off
Cadillac Way and exit onto Rollins Road. The owners estimate two merchandise deliveries a week for the
snack shop, usually at noon time. These trucks would park on the south end of the site while making
deliveries.
2
APPEAL OF THE PLANNTNG COA,TMISSION'S DENIAL WITHOUT PKETUDICE ON A AN APPLICATION FOR A
CONDITIONAL (]SE PER]V{IT TO CONVERT THE SMWCE BAYS OF AN LYISTING (AS STATION TO A A'IINI-MART AT
1147 R)LLINS RZAD, zoNED C-1. January 23' 2002
History of Project Review
planning Commission reviewed this application at study on August 13,2oo1and expressed concern about the
following items. current number of cuJtomers, why the city has its current policy about selling alcoholic
beverage-s at gasoline service stations and the duration of that policy, staffsurvey of other mini-mart operation
s at 24-hour g-asoline stations in the city, number of customers, parking provided on site and police activity,
review location of bathroom access, determine police concerns and activity at7-11 and Chevron Station at
Broadway, and number of daily customers at7-71. These issues were all addressed in the December 10, 2001
planning Commission StaffReport pages 2-4 altached. At the September 10, 2001, action meeting the
commis-sion held a public hearing and iontinued this item until a traffic study could be completed. The traffrc
report: Memo from John WilsonlTrafiic Engineer to Mr. Gus Greco, dated October 22,2001, is also included
inifre Planning Commission StaffReport of December 10, 2001 attached
ATTACHMENTS:
Action Alternatives and criteria for a conditional Use Permit
Monroe letter to Gus Greco, January 8, 2001, setting appeal
Mark Hudak letter to Monroe, December 16,2001, requesting appeal
Planning Commission Minutes, December 10, 2001
Planning Commission StaffReport, December 10, 2001, with attachments
pictures of applicant's other gas station mini-marts, 90 El Camino Real, San Carlos and of the proposed site at
1147 Rollins Road, Burlingame
Resolution
Notice of Appeal Hearing, mailed January 11,2002
A
CARR, McClpt-lnN, INGERSoLL, THoMpsoN & HoRN
PROFESSIONAL CORPORATION
AT'TORNEYS AT LAW
216 PARK ROAD, POST OFFICE BOX 513
BURLINGAME, CALIFORNIA 9401 I-05I3
MARKD. HUDAK
mhudak@cmithlaw.com
TELEPHONE (650) 342-9600
FACSIMILE (6501 3 42-"t 68s
www.cmithlaw.com
January 15,2002
Margaret Monroe
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Re:
Dear Meg:
1147 Rollins Road
Thank you for your letter regarding the hearing on the appeal for the project at ll47
California Drive. Unfortunately, we have developed a scheduling conflict for January 23,2002
and would ask that the hearing be continued to the next Council meeting.
Thank you for your continuing assistance.
Mark D. Hudak
MDH:ljs
cc: Clients
2 I 970.00001\BGLTB 1\l l 2772 l. l
LlrT lo2
Because of the press of business
on the February 4, 2OO2, Council-
Agenda, this item should be set
for the February 20, 2OO2 Agenda.
,,,:;,;,{*uo
'rofr,urf r,!fyru
RESOLUTION APPROVING CATEGORICAL EXEMPTION,
CONDITIONAL USE AND TAKE.OUT APPLICATION
RESOLVED by the CITY COLTNCIL of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for a
conditional use and take-out permit to convert three service bays to a mini-mart at an existing gasoline
station at ll47 Rollins Road, zoned C-1, Clover oroperty owners. APN: 026-231-120:
WHEREAS, the Planning Commission held a public hearing on said application on December 10.
2001 at which time said application was denied;
WHEREAS, this matter was appealed to City Council and a hearing thereon held on lanuary23.
2002, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing;
NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this Council that:
1. On the basis of the Initial Study and the documents submitted and reviewed, and comments
received and addressed by this commission, it is hereby found that there is no substantial evidence that the
project set forth above will have a significant effect on the environment, and categorical exemption, per
CEQA Article 19. Categorically Exempt per Section: I 5303 - Class I- the operation repair, maintenance,
or minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that previously existing
including but not limited to (a) interior or exterior alternations involving such things as interior partitions,
plumbing, and electrical conveyances.
3. It is further directed that acertified copy of this resolution be recorded in the official records
of the County of San Mateo.
MAYOR
I, ANN MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 23RD day of Januar.y. 2002.
and adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
RESOLUTION NO.
2. Said conditional use and take-out permits are approved, subject to the conditions set forth in
Exhibit "A" attached hereto. Findings for such conditional use permits are as set forth in the minutes and
recording of said meeting.
1
EXHIBIT ''A''
Conditions of approval for categorical exemption and conditional use and take-out permits.
1147 ROLLINS ROAD
EFFECTIVE JANUARY 23, 2002
that the project shall be built as shown on the plans submitted to the Planning
Department and date stamped June L, 200L, site plan, floor plan, and elevations with a
mini-mart/sales area of 1,695 SF including the gas station cashier, an 80 SF office and
an 84 SF public restroom;
2. that any changes in operation, type of product sold or floor area, shall be brought to the
Burlingame Planning Commission for approval,'
3. that no alcoholic beverages shall be sold from the mini-malt nor shall hot food (except
hot beverages) be prepared on or sold from the site;
4. that the conditions of the City Engineer and Chief Building Official's January 16,2001
memos shall be met;
5. that any customer seating at tables and chairs shall be prohibited in the sales area or on
the premises;
6. that there shall be only one free-standing ATM on-site, to be installed within the mini-
mart, and to be limited to cash dispensing only with no deposit capabilities;
7. that the applicant shall purchase and maintain daily, more often if necessary, trash
receptacles on-site one of which will be placed by the door to the mini-mart sales area;
8. that the applicant shall police for trash daily, on-site and adjacent street frontages for 50
feet in either direction and keep them clean and free of debris and litter associated with
the mini-mart; and
9. that the project shall meet all the requirements of the California Building and Uniform
Fire Codes, 1998 edition, as amended by the City of Burlingame.
TO
ROUTING FORM
DATE: January 16,200L
ENGINEER
-FIRE
MARSHAL
SR. LANDSCAPE INSPECTOR
CITY ATTORNEY
FROM: CITY PLANNER/PLANNER
SUBIECT: Request for conditional use permit for intensification of an existing gas
station and take-out for conversion of a repair shop to retail sales at
1147 Rollins Road, zoned C-l, APN:026-231-120.
STAFF REVIEW BY MEETING ON: Tuesday, January 16,2001
THANKS
Catherin/Erika/Maureen/Ruben/Sean Date of Comments
fl,, tr , cQetye 7 usq */ dc<-u/'?q''Y'
. fttt curret cc>a(e re/ ut/u"'& fo' & Go" W H
Crn-e.ceotl, le) Occ,ty>nof L, // ,{,//Y' To<ta e</*
e re' teq utrJ *rr^ 'fhe- 5e /" I ?ea' ' fuo
ext+t -k;'*rotVut r"tfu *'<e p'>tl p/anu '
-Ve.*y irt lrtvt', e^t*/( ts cne-hor, t',*'rosrr/tl/<-a),? c(Juo$o-t
cwo
t,,
TO:
ROUTING FORM
DATE: January L6,200L
BI]ILDING OFFICIAL
-FIRE
MARSIIAL
SR. LANDSCAPE INSPECTOR
CITY ATTORNEY
F.ROM: CITY PLANNER/PLANNER
SUBJECT: Request for conditional use permit for intensiflcation of an existing gas
. station and take-out for conversion of a repair shop to retail sales at
ll47 Rollins Road, zoned C-l, APN: 026-231-120.
STAFF REYIEW BY MEETING ON: Tuesday, January 16,2001
THANKS,
//6
Cather in/ Er ika/Maureen/Ruber/Sean Date of Comments
1.4
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TO:
AGENDA
ITEM#
MTG.
DATE
7a
HONORABLE MAYOR AND CITY COUNCIL SI]BlVtrTTED
DATE:JANU ARY 15,
APPROVEI)
rROM:CITY
SIIBJECT: PRESEi{TATlqx 6}. .T1{E PBOPOSM COUNTYI,IIDE TRAFFIC DEEII'IENCY PI-AN BY CICAG STAFF
STAFF REPORT
The aflirmative action of the C/CAG Board adopting the Countywide Deficiency Plan will c-ommit
Burlingame to both a course of action and to the expenditure of $65,000 a year for the next four years. For
this reison your C/CAG representatives thought that it would be helpful to have Mr. Martone present the
plan and respond directly to your concerns'
BY
BY
RECOMMENDATION:
walter Martone of the c/cAG staffwill be present to present the proposed countywide Deficiency Plan and
to answer questions which Council may have. This plan will be brought before the C/CAG Board for
consideratibn for approval at the February t4,2oo2 Board meeting. Councilwoman O'Mahony is
Burlingam.,, ,.p..r.ntative to the C/CAb Board. Mayor Janney sits on SMAC which is advisory to the
C/CAG Board. Staffmembers George Bagdon and Meg Monroe sit on the C/CAG Technical Advisory
Committee.
BACKGROUND:
one of the responsibilities of the City/County Council of Governments (C/CAG) is to preparelhe Congestion
Management pjan for San Mateo county andall the jurisdictions in the county. A provision of the congestion
Manalement plan (CI\p) is a periodic performance ieview of key intersections in the identified roadway
systeri. If any of these intersections deilines in performance by an established amount, then the jurisdictions
affecting thatintersection must prepare a deficiency plan which shows what measures they will take to
improve-the performance of the roadway system (especially if nothing can be done for the degraded location)'
In the 2000 congestion monitoring eight locations in the CMP system were identified as being degraded
enough to require preparation of iefiJiency plans. A significant number ofjurisdictions (more than 8) in the
,orniy would be invoived in contributing iothese plans, in some cases contributing to preparation of more
than one plan. The C/CAG staff suggert-.d tnut since so many jurisdictions were involved now and with
further degradation more might be involved in the immediate future, it might be beffer for all to join and to
pi.pur. a Lountywide deficiincy plan which would cover all the jurisdictions in the county for degradations
for the next four years. The C/CAG Board directed their staffto investigate what such a plan would look like
and cost.
walter Martone of the C/CAG staffis present this evening to present the proposed Countywide deficiency
plan. This plan represents the input oic/cAG staff, c/cAG TAC and SMAC, interviews with city managers
and staffof ail jurisdictions in thi County, and workshops with city staffs and transit providers' It has
evolved through this process to the document being presented this evening.
,ANNIIR
'' hesentation of the hoposed Countywide Defrcicncy Han by C/CAG Staff Ianuaty 23,2002
ATTACHMENTS:
C/CAG Agenda Report: Presentation on the Development of a Countywide Deficiency Plan to Address Level
of Service Violations on Roadway Segments, December 13,2001.
1
r
C/CAG AGENDA REPORT
Date:December 13,2W
To:City/County Association of Governments Board of Directors
From: Congestion Management and Air Quality Committee
Subject:PRESENTATION ON THE DEVELOPMENT OF A COUNTYWIDE
DEFICIENCY PLAN TO ADDRESS LEVEL OF SERVICE VIOLATIONS
ON ROADWAY SEGMENTS
(For further information contact Walter Martone at 599-1465)
RECOMMENDATION
That the City/County Association of Governments receive a presentation on the development
of a Countywide Deficiency Plan to address level of service violations on roadway segments
throughout San Mateo County for the next four years.
FISCAL IMPACT
None specifically to C/CAG. Individual local jurisdictions will be at risk of losing a portion of
their gas tax revenues and forfeit eligibility for future State and Federal transportation funding
if a deficiency is identified in their area, and a deficiency plan is not adopted.
SOURCE OF FT.]NDS
The proposed plan includes a funding strategy that attempts to use contributions from C/CAG
member agencies as a means to leverage ;utrstantial matching funds in order to finance a
comprehensive Countywide program. C/CAG staff is currently working with a number of
potential funding sources such at the Transportation Authority and SamTrans to secure these
additional funds. C/CAG staff is also exploring other possible sources that may require
legislative action. A chart showing the potential local liability for each jurisdiction and the
anticipated leveraged matching funds is attached.
BACKGROT'ND/DISCUSSION
C/CAG approved the development of a Countywide Deficiency Plan at its meeting on August
9,2001and a process for bringing the Deficiency Plan to C/CAG for approval on November
8, 2001. That process includes the following steps:
'rrlf?:';;O,4,vN,r,vu{;?f/rU
June 8,2ffi0C/CAG accepts report identiffing 8 deficient roadway segments
that will trigger the development of deficiency plans.
July 2000Staff develops a list of options for a Countywide Deficiency
Plan
July 2000TAC and CMAQ provide guidance to staff for options to
develop further into a comprehensive Plan.
Research conducted with other entities to develop these ideas
into specific programs.
July through December 2000
Specific programs presented for input and refinement to the
TAC and CMAQ.
February through August
2000
C/CAG Board endorses development of a Countywide Plan
instead of individual Plans and reviews specific progrilms being
considered by TAC and CMAQ for inclusion.
August 9, z00l
Presentations on the draft Plan to individual City Managers,
Staffs, and other agencies.
September through
November 2001
November 8, 2001Updated version of draft Plan based on input and refinernents
from TAC, CMAQ, and individual City meetings provided to
C/CAG for information.
Workshop for City Managers, Planning Directors, Public
Works Directors, and other Agencies to discuss the draft Plan
and provide input.
November 14,2001
Presentation on the draft Plan to develop commitments for
matching funds from various bodies (SamTrans, Joint Powers
Board, Transportation Authority).
November and December
200r
Presentation on the updated draft Plan for further refinement by
TAC and CMAQ.
November and December
2001
Presentation on the draft Plan for input and direction by
C/CAG Board.
December 13. 2001
February 14,2N2C/CAG Board considers adoption of a final version of the Plan.
Implementation of the Plan begins.Illy 1,20012
TIMEFRAMEACTION
Thus far the Deficiency Plan has been presented to the Technical Advisory Committee and
CMAQ on six separate occasions. C/CAG staff has also presented the draft plan individually
to the City Managers and staff of 17 cities and held a joint meeting for all City Managers,
Public Works Directors and Planning Directors to gain input. As a result of these meetings a
large number of changes to the Plan have been made.
On November 14,2{dx':_l ajoint meeting was held for all City Managers, Planning Directors,
and Public Works Directors to review the final version of the Deficiency Plan and to
MEETING WITH LOCAL JTruSDICTIONS
determine its level of support. A total of 18 jurisdictions were present. Some of the items
discussed at that meeting included:
. Ensuring that the costs to local jurisdictions are fixed for the four year period covered
by the Deficiency PIan.
o Considering incentives for jurisdictions that improve the jobs-housing balance.
o Providing credits for local transportation services currently provided by some
jurisdictions.
o Ensuring that the local service program is coordinated with and tied to Samtrans
service.
. Encourage San Francisco International Airport to participate in the implementation of
the Deficiency Plan.
o Continue work on options for a Countywide coordinated traffic impact fee to support
funrre congestion management activities.
At the end of the meeting there was overall consensus by the representatives of the 18
jurisdictions that this Deficiency Plan is reasonable and appropriate.
Action on the proposed Deficiency Plan is not requested at this time. In keeping with the
process approved by C/CAG, the purpose of the presentation at this time is to provide for an
opportunity for the Board to provide input and direction to staff before the Plan is presented
for approval. Staff will also be available for presentations before the Councils/Board of the
C/CAG member agencies upon request.
RECOMMENDED DEFICIENCY PLAN
This Deficiency Plan is necessary because a number of locations throughout the County have
been determined through traffic gounts to have congestion that exceeds the standards that were
adopted by C/CAG as part of the Congestion Management Program. Although the Plan is a
legal requirement and enforceable with financial penalties, it is more important that the Plan be
viewed as an opportunity to make a real impact in congestion that has been allowed to go
unchecked for many years. A key factor in developing the Plan has been to find ways to
improve mobility Countywide and in each and every jurisdiction, while not putting a halt to
the economic growth that has made San Mateo County prosperous. Economic prosperity
however, has created severe traffic problems, which if not properly addressed, will threaten
that same prosperity.
The Plan being proposed will relieve all San Mateo County jurisdictions - 20 cities and the
County - from having to fix the specific congested locations that triggered the development of
this Plan, and any new ones that may be detected for the next four years.
The following elements are intended to be a package of policies and actions that together will
make a measurable impact on current congestion and slow the pace of future congestion:
1. Expand the Countywide Employer-Based Shuttle Program.
Recommendation: Increase the permanent funding available for the Countywide Employer
Shuttle progrilm of proven effectiveness. This shuttle program focuses on connecting
employment centers to transit centers (both BART and Caltrain). A total of $500,000 will be
generated for this purpose through increased C/CAG member assessments that are based on
the share of automobile trips both generated and attracted by each jurisdiction as a percent of
the Countywide total. It is anticipated that the $500,000 will be matched dollar for dollar by a
combination of SamTrans, Joint Powers Board, and/or employer contributions. It is hoped that
this additional funding will provide for an additional 8 to 10 shuttles.
2. Create a network of Local Transportation Services.
Recommendation: The intent of this recommendation is to increase the use of public transit
by the residents of each local community, thereby reducing local congestion. Local
jurisdictions will be encouraged to participate in experimental efforts to provide transportation
services for its residents that meet the unique characteristics and needs of that jurisdiction. A
Countywide pool of funds of approximately $1 million dollars will be established and made
available to match local jurisdiction efforts on a dollar for dollar basis. It will be up to each
local jurisdiction to {etermine how these services will be organized and the type of service to
be provided. This new service will focus primarily on connecting residential areas with
downtown, employment centers, and transit stations.
3. Expand the Provision of Countywide Transportation Demand Management
Programs.
Recommendation: Increase the permanent funding available for Countywide Transportation
Demand Management projects of proven effectiveness through the Peninsula Congestion Relief
Alliance. A total of $450,000 in year one and $500,000 in years 2 through four will be
generated for this purpose through increased C/CAG member assessments that are based on
the share of auto:nobile trips both generated and attracted by each jurisdiction as a percent of
the Countywide total.
4. Creation of a Countywide "Try Transit" Campaign.
Recommendation: Conduct a one-time Countywide media blitz to encourage individuals to
"try transit.z Limited time free transit passes will be secured from the major transit providers
in San Mateo County and made available to first time users of transit during the promotion
period. The publicity campaign for this promotion will be funded through a one-time $50,000
allocation through increased C/CAG member assessments that are based on the share of
automobile trips both generated and attracted by each jurisdiction as a percent of the
Countywide total.
5. Develop a Countywide Intelligent Transportation Study and Plan.
Recommendation: New technologies and other techniques can improve the efficiency of the
existing transportation infrastructure. In order to be truly effective, these systems must be
implemented on a regional basis, and not only in selected locations. This recommendation is to
fund a comprehensive plan and recommendations for the implementation of state-of-the-art
intelligent transportation systems throughout San Mateo County. The plan will include an
evaluation of the current technology, estimated traffic improvements resulting from
implementation of the plan, and anticipated cost of deploying and maintaining the system.:
Some of the systems ttrat will be pursued in the study include -
o Alternative routing during traffic emergencies. Under this system, each jurisdiction in
which an entrance or exit ramp exists to a freeway would be required to identiff
detours on city streets that can be used when the freeway reaches certain predetermined
levels of gridlock. Signage would be prominently posted offering motorists a choice of
waiting in the gridlock or taking an alternate route along city streets
o Rapid disabled vehicles removal. MTC currently operates the Freeway Service Patrol
(FSP) program that includes roving service vehicles that are on hand to quickly assist
disabled vehicles.
. Penalties for runiring out of gas on the San Mateo and Dumbarton Bridges. Individuals
who enter the causeway to a bridge knowing that there is a distinct possibility that they
will run out of fuel before reaching a refueling station somewhere on the other side are
unfairly imposing their irresponsibility on others by potentially creating traffic jams
that were avoidable. Financial penalties for such action should be severe and \:
prominently advertised in order to deter such actions.
o Real time traffic information broadcasted continuously on a set local radio station. Try
to encourage local radio station to stagger traffic reports so that travelers can be
quickly alerted to potential problems.
It is recommended that this study and the,cost of follow up activities be budgeted at $200,000
per year and financed through increased C/CAG member assessments that are based on the
share of automobile trips both generated and attracted by each jurisdiction as a percent of the
Countywide total. Staff anticipates that matching funds of $200,000 per year will also be
available to support this effort. Funds remaining after the study is completed will be used as
the local match to draw State and Federal grants for the implementation of recommendations
approved by C/CAG
6. Develop a Countywide ramp Metering Study and PIan for U.S. 101 Corridor.
Recommendation: Currently each jurisdiction in which a ramp-metering site is located must
develop an agreement with Caltrans before that site is activated. This recommendation is to
develop a Countywide approach. C/CAG will first commission a detailed operational analysis
of the Route 101 corridor. C/CAG staff will work closely with the staffs of its member cities
in creating a detailed work plan for this study and to identiff a recommended list of criteria for
C/CAG to consider before determining if ramp metering should be implemented. This work
plan will be subject to the review and recommendation of the TAC and CMAQ. The C/CAG
Board will ultimately determine the acceptability of the work plan. The operational analysis
will also include the impacts of ramp metering on local streets and roads. This analysis will be
done by an independent contractor (not Caltrans) under the direction of C/CAG and will
identify the congestion relieving benefits (if any) for those segments. The staffs of local
jurisdictions, the TAC, and CMAQ will continue to be involved in all aspects of the study and
the formulation of recommendations for C/CAG. After consideration of this study and the
recommendations of the TAC and CMAQ, C/CAG would decide whether to enter into a
Countywide agreement with Caltrans for the activation of ramp metering along any parts of the
Route 101 corridor. No location will be activated without conducting the analysis or without
the prior authorization of the C/CAG Board. Local jurisdictions impacted by the outcomes of
the study will have an oDportunity to review comment on any recommendations before
they are presented to the C/CAG Board for consideration. It is recommended that this study
and the cost of follow up activities be budgeted at $100,000 per year and financed through
increased C/CAG member assessments that are based on the share of automobile trips both
generated and attracted by each jurisdiction as a percent of the Countywide total. Staff
anticipates that matching funds of $100,000 per year will also be available to support this
effort. Funds remaining after the study is completed will be used as the local match to draw
State and Federal grants for the implementation of any recommendations approved by C/CAG.
7. Expansion of the Transit-Oriented Development Program
Recommendation - a: Expand the Transit Oriented Development Program to include
incentives for concentrated employment centers within one-third of a mile of a fxed rail
station and that include incentives for workers to use transit and disincentives for workers to
drive alone to work. The incentives could be in the form of transit subsidies, flexible work
hours, guaranteed ride home program, etc. $3.2 million of funding for this program expansion
is available under the 2002 State Transportation Improvement Program (STIP). Jurisdictions
that approve projects meeting these criteria and that are subsequently built could use the
funding to make roadway and other community improvements that make it more attractive and
convenient for walking and bicycle travel.
Recommendation - b: Maintain the current Transit Oriented Development Program that
provides incentives for housing developments. As a result of additional research, the definition
of a qualiffing development will be expanded from Vr mile to ll3 mile of a rail station. $2.96
million of funding for this program expansion is available under the 20012 State Transportation
Improvement Program (STIP). Jurisdictions that approve projects meeting these criteria and
that are subsequently built could use the funding to make roadway and other community
improvements that make it more attractive and convenient for walking and bicycle travel.
ATTACHMENTS
o Summary of the deficiency plan in presentation format.
o Chart showing the potential cost to each jurisdiction for implementing each section of
the deficiency plan.
o Chart showing the potential annual loss of Proposition 111 (Section 2105 of the Streets
and Highways Code) for each jurisdiction not complying with deficiency planning
requirements.
o Frequently asked questions and answers on the Deficiency Plan.
AllT of the CMP Pograms Flelp to Implemeft All 5 of the
CTP s Strategies b Redue Traffic Congestion
g Countywide lntelligentTransportation Study
Roads(} Countywide Ramp Metering Study
6 M ## ffi ffi ffi w w w wffi ffi w w w ry w ry w w w w w ffii$Kffi ffi wwffi
& Employer-BasedShuttles *wwffi
g LocalTransportation Services Transit
O "TryTransit!" n wffi ffi ,ffi
w ry w wffi ffi ffi ffi ffi w ffi ffi w ffi ww w rywwwffi w wwffi xffir ffi @ ** m
W Transit-Oriented Development Land Use
#M 66 w ffi ffi w w ww w mffi ffi & ru w ffi w weffi ffi ffi ffi *w ffi w
Transportations 3:Hlxy'fi:,llffiortation svstems Filanisemerr
M - Pricing *sm M nM*%&@6gg
ww.nm{ffi Mffiffi@e#tu"@s#ffi w$ wMwwwwww
w
ctp-cdp prograre(landscape).cdr pg 10 11/14/01 ss
Program
Objective
.ni*S
(iliii'r
lncrease number
of shuttles from
transit stations to
employment sites.
2000 2001
66 more hours/
day of service
8 -10 new shuttles
1200 new trips.
$1 million
$1.0 million/year
7z Cities/County
7z Matching Funds
Expansion of: Employer-Based Shuttles
Service Plan Cost/Revenue Resources ----
L
I
I
he*
ctp-cdp programs (landscape).cdr pg 2 10/18/01 ss
, Nd* -' swro'ffi t*&tatr 5200
Program
Creation of: Local Transportation Services
Objective Service PIan
&**
Serve SM Co. residents
by connecting
residential areas to
commercial centers
and transit stations.
2000 one way trips/day.
Services defined by
each community.
Cost
$2 million
52 million/year
7z Cities/County
Yz Other Matching Funds
Cities/County desiring to
implement service can
request matching funds
on a dollar for dollar basis.
*
s
ctpcdp programs (lildsap6).cdr pg 3 10/1810'l ss
Program
Expa nsion of: Cou ntywide Tra nsportation Dema nd lilla na gemeil Prog ra m
Objective Service Plan
CountywideTDM ra,orkplan dweloped by the Alliance
and approved by C/CAG. The plan may include:
Transit pass sales
and subsidies
Parking Cash-Out
Expand the Alliance's
TDM Programs to provide
greater Countywide
coverage.
10am *r+,'.+ 7 pm
7am (--****>4pm
6am'47"":-**; 1Pm Adj usted Work Sched ules
Telecommuting
Ride Sharing
lnfo Klosks
Cost
S450,000fYear 1 and S500,000/Years 2-4; Ctties/County
ctp-cdp prograro(landscape).cdr pg 4 9/13/01 ss
,t
Program
Creation of: TryTransit! Program
Objective
Publicize avai Iabi Iity
of limited time, free
transit passes for
first time users.
Cost
550,000 Near "l;
Cities/County
(Does not include
the donation of
free transit passes
by transit agencies)
*u*e
S,wwit fiamat!
ffsru ffiNat {itxtxtl*ws
( {*x a. tid*ul tkw anly.)
#{##e
'&d.gr
*Nxrgx.f
ctp-cdp program(landscape).cdr pg 5 9/'13/01 ss
Program
Creation of: Countywide lntelligent Transportation Study & PIan
Objective Service Plan Cost
$400,000
lmprove the
efficiency
of the existing
transportation
systems.
1. Develop study of possible
options for technological
i mprovements and provide
recom mendations to C/CAG.
2. Begin implementation
subject to available funding.
S+00,OOOlyr
7z Cities/County
7z Matching Funds
A.-.id*.t. kttr$ nvnil6bl.
st H$lly nrt"rnep
'',:lir.l} li*i jf .4:r::'.-:.r.,i!f
t.rJr n$$ {, slNilitl:,
ctp-cdp programs(landscape).cdr pg 6 10/'18/01 ss
Program
Creation of: Countywide Ramp lVletering Study & Plan for U.S.l 01 Corridor
Objective Service Plan -- Cost/Revenue Source --
1 . Study the benefits/detriments
of activation of ramp metering.
lmprove overall
mobility
considering
both freeways
and loca! streets
and roads.
2. Locat agencies play a significant
role in the study and implementation.
3, lmplement through a C/CAG
Countywide agreement with CalTrans.
4, Begin implementation
subject to available funding.
$200,000
5200,00Olyr
7z Cities/County
7z Matching Funds
Ramp
Metering
rgliove$
congestion
on highwrys
ctp-cdp programs(landscape).cdr pg 7 10/18/01 ss
Program
1. Locate more employment
sites near transit stations
to increase transit ridership.
2. Continue to locate more
housing development near
transit stations to increase
transit ridership.
1. Build eligible project.
2. Jurisdiction receives
money from C/CAG
to use for any local
transportation related
project they choose.
Expa nsion of: Transit-Oriented Developmeffi Program
Objective Service Plan Cost/Revenue Source
$6 million
53.20 M for
employment
development;
STIP
52.96 M for
housing
development;
STIP
ctp{dp programs(landscap€).cdr pg 8 10/18/0'l ss
C
Potential Revenue Sources for the Countywide Deficiency Plan
City/County Existing fu nding Sources
General Fund
Proposition 111 GasTax
Traffic lmpact Fees
Development Fees
Assessment District i
Local th Cent Sa les Tax Subvention
Matching and Competitive Funding Sources
Tra nsportation Authority Contri bution
SamTrans Contribution
Peninsula Corridor Joint Powers Board Contribution
RegionalTransportation Fund for Clean Air
Transportation for Livable Communities Grants
State Tra nsportation I mprovement Prog ra m
Funding Sources that Require Further Elrploration, Development & Advocacy
)w lncrease in the Vehicle
Registration Fee
Countywide Pool of Common
Traffic lmpact Fees
Measure A 7z Cent SalesTax Extension
ACA 4 Local Revenues
Regional Gas Tax
ctp-cdp progrffi(landscap€).cdr pg I 1 ll8/01 ss
TOTAL ANNUAL COST TO IMPLEMENT COUNTYWIDE DEFICTENCY PLAN BY JURISDICTION1 2 3&4 5 6 7
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster Gity
Half Moon Bay
Hillsborough
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
6.3
2.8
13.8
3.7
4.4
14.5
9.2
1,0
$12,000
$21,500
$31,500
$14,000
$16,500
$8,500
$25,000
$12,000
$21,500
$31,500
$14,000
$3,400
$10,000
$4,800
$8,600
$12,600
$5,600
$3;300
$1,700
$5,000
$2,400
$4,300
$6,300
$2,800
$42,900
$22,100
$65,000
$31,200
$55,900
$81,900
$36,400
$6,500 $2,600 $1,300 $16,900
$49,000 $19,600 $9,800 $127,400
$5,000 $2,000 $1 ,000 $13,000$5,000 $2,OOO $1 ,OOO $13,000
3.4 $17,000 $17,000 $6,800 $3,400 $44,200
1 .1 $5,500 $5,500 $2,200 Er , r oo $t +,eoo$69,000 $69,000 $27,600 $13,800 $179,400$18,500 $18,500 $7,400 $3,700 $48,100$22,OOO $22,000 $8,800 $4,400 $57,200$72,500 $72,500 $29,OOO $14,500 $188,500$46,000 $46,000 $18,400 $9,200 $1 19,600$5,000 $5,000 $2,000 $1,OOO $13,OOO
ment ,000 ,000 ,000
* Distribution of these assessments is based on the % of Gountywide automobile trips generated by jurisdiction.
# Localjurisdictibns can appty for the Local Service matching funds on a doltar for dollar basis,
+ Current STIP dedicatlon is $6 miltion for 2 years and will be evaluated after that time period.
1,300,000
% of Trip
Generation
Based
$huttles
#Local
Seryice
"lTs
Plan
*Ramp
Metering*TDM +TOD
1.5
Menlo Park
Millbrae
3'3 $16,5001'7 $8,5005.0 $25,0001.3 $6,5009.8 $49,ooo
$200,000 $100,000
Brisbane
Burlingame
Colma
Daly C,ity
East Palo AIto
Foster City
Menlo Park
Millbrae:::
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
$24,484.48
$180,068.55
$7,812.24
$642,256.08
$161 ,599.46
$187,834.24
$70,067.83
$70,921 .64
South San Francisco
Woodside
$194,393.57
$ 132,817 .73
,$249,506.62
, ,i $28,258 28
$477,049.05
$255,100.95
$1 76,775.16
$583,633.22
$382,610.58
$34,628.44
$8,1 19,490.13
CitylCounty Gas Tax Allocations
Under Proposition 111
Total 2000-01
QUESTIONS AND ANSWERS ON THB COUNTYWIDE
DEFICIENCY PLAN
1. Q- Does the budget for the Plan represent annual or total costs over the four-year
period? A- Annual costs for each of the four years.
2. Q- Is a Deficiency Plan mandatory? A- Once a deficiency is determined by
C/CAG, a Deficiency Plan is necessary to either correct the deficiency or to
improve overall system mobility and air quality. The Congestion Management
Agency (C/CAG) has the responsibility to determine and approve the scope and
breath of the Plan.
3. Q- If a Countywide Plan is adopted will local jurisdictions still be at risk of losing
Proposition 1l I funds if future deficiencies are discovered? A- The proposed
Countyrvide Plan will cover all roadway Level of Service deficiencies currently
identified and any new ones discovered for the next four years for all San Mateo
County jurisdictions.
4. Q- What are the benefits of doing a Countywide Plan? A- There will be immunity
from any penalties for the next four years; the proposed Plan has been designed to
have a measurable impact on travel within the County; the proposed Plan
represents a coordinated approach with related elements that create a multiplier
effect; there will be a great potential for leveraging other funds; a Countywide
" approach allows for the pooling of funds, sharing of resources, avoidance of
duplication, reduction of administrative effort, and the resulting efficiencies and
cost savings; there will be one Plan instead of eight plans where individual
jurisdictions may have to participate in multiple plans; the proposed Plan will
provide a stable funding source for many important Countywide programs; a
Countywide Plan will have an overall net impact on Countywide mobility and
allow for joint decision making among all local jurisdictions.
5. Q- Is the local service going back to the way it was before Samtrans? A- No. First
of all we recognize that in order to achieve effective Countywide bus service, it
was necessary to pull back on some of the less cost-effective local routes.
However there may be altemative ways of restoring some important service
through means other than the traditional fixed-route bus routes. The local service
element of the Plan is an attempt to encourage local creativity and flexibility in
finding ways of meeting these needs by offering a pool of matching dollars to
offset the cost of these experiments.
6. Q- Are cities expected to get into the transit business by providing local service?
A- No. The cities are expected to have a significant role in defining the type and
quantity of local transportation service that makes sense for its community. They
are also expected to play a significant role in defining the performance measures
by which the success of the service would be measured. The Transit District, the
Peninsula Congestion Relief Alliance, private contractors can do the actual
implementation of the service, or the city may want to have a direct role if they
chose. The implementation of a local service program is optional for each
jurisdiction. If the option is exercised, C/CAG will match every dollar that the
local jurisdiction commits toward the service.
7. Q- What happens if a jurisdiction decides not to participate in the Countywide
Deficiency Plan? A- If C/CAG adopts a Countywide Deficiency Plan and a local
jurisdiction decides not to participate, that jurisdiction will forfeit its annual
allocation under Section 2105 of the Streets and Highways Code (Proposition 111
Gas Taxes) and will no longer be eligible to compete for any State Transportation
Improvement Program (STIP) or Federal TEA-21 funds.
8. Q- How will local jurisdictions be involved in the determination as to whether to
activate ramp metering on Route l0l? A- No consideration of ramp metering
activation will be considered until a thorough study of the impacts of activation is
conducted. The scope of work for the study wirl be subject to review by the
Technical Advisory Committee (and any City/County staff that wish to
participate), the Congestion Management and Air Quality Committee, and final
approval by the C/CAG Board. Any C/CAG member can call for special voting
requirements (majority ofjwisdictions representing a majority of the population)
before adopting the scope. The scope will minimally include an analysis of the
impacts of ramp metering on the main line freeway and the local streets and roads
within a radius of the freeway as set forth in the scope. The impacts will be
determined based on activation of ramp metering at selected locations, directions,
and times of day in order to determine the optimum improvement in mobility
considering both travel time on the freeway and the local streets and roads. After
this information is made available, the Technical Advisory Committee will
evaluate the impacts and make recommendations to the Congestion Management
and Air Quality Committee, which in tum will make recommendations to the
C/CAG Board. The C/CAG Board will make the final determination as to whether
any of the system should be activated, in what direction, and for what time period.
9. Q- Are the cities/County being expected to pay the full cost of implementing the
Countywide Deficiency Plan? A- No. The proposed Plan is heavily dependent
upon the use of local funds to leverage substantial outside resources. The ratio of
local funds to leveraged funds is hoped to be at least one to three.
10. Q- Isn't traffic getting better as a result of the downturn in the economy? A-
There has been some noticeable improvement in traffic recently; however as the
economy begins to rebound the traffic will return and the projections are that it
will greatly worsen over the next twenty years. It is also the ideal time to impact
the travel patterns of the population while many individuals are moving to new
jobs and considering options for commuting. The purpose of the Plan is to provide
and advertise new options for people to travel.
I l. Q- Why not let the traffic go to complete gridlock so individuals will be forced to
find other travel methods? A- Currently there are not sufficient options for
individuals to choose other means to get to and from work. Many of the programs
in the Plan are targeted at increasing those options. Also it is not politically
acceptable to allow congestion tb deteriorate without a clearly visible attempt to
improve them.
12. Q- Will this Plan fix the deficient locations? A- This Plan is not designed to
produce roadway improvements at specific locations. It is targeted at providing
other travel options and improving the efficiency of the existing systems of roads.
It is likely that there will be some improvement at the deficient locations;
however the goal of the Plan is to improve overall mobility and not fix a
particular location. Some of the deficient locations may not be as high priority for
improvement as other locations due to the definition of a deficient location
provided for in the law. The Plan allows C/CAG to focus its efforts on
improvements that make sense for San Mateo County and not at locations that are
dictated by the law.
13. Q- How will we know that the Plan was successful? A- The Technical Advisory
Committee and the Congestion Management and Air Quality Committee will
develop and provide to the C/CAG Board specific performance measurement
criteria to evaluate the effectiveness of the programs contained in the Plan.
14. Q- What happens at the end of the four-year Plan? A- Using the criteria adopted
by C/CAG, the programs will be evaluated and the C/CAG Board will consider
whether to continue the Plan, revise it, abandon it, or develop a new one.
STAFF REPORT
AGENDA
ITEM #
MTG.
DATE
7b
r/2312002
ro: HONORABLE MAYOR AND CmY COUNCIL
DATf,: January 1412002
APPROVEI)
rRoM: Rahn Becker, Assistant City Manager/
Administrative Services Director
650-Ss8-7222
STTBJECT: Resolution Supporting Transportation Congestion Improvement Act (Prop.42, March 5'
2ffi2 Ballot)
RECOMMENDATION: Consider the resolution.
BACKGROUhID: The attached letter &om Christopher McKenzie, Executive Director of ttre League of
California Cities, asks for council's support of Proposition42. This proposed Assembly Con*itutional
Amendment would reallocate state sales tax collected from sale of motor vehicle fuel to a Transportation
Investment Frmd for five years from 2003-2008. Beginning in 2008, revenue from this fund would be used for
public transit and mass transportation. An estimated $1.4 billion would be available in 2008, and20% would
go to cities for local road repairs and maintenance,20yo to counties for the same purposes, 20olo to local transit
agencies and the remaining 40o/o to ttre State Transportation Improvement Program (STIP).
The League offers this as a stable revenue source that is irrportant now in the face of expiring local ta:r
measures (e.g. Measure A in San Mateo County.) While no specific opposition has yet come to light, one
probable opposing argument is that this type of measure "Balkanizes" the State General Fund, creating one
more restriction in budgeting funds.
ATTACHMENTS: Letter from League of Cities with Text of Proposition42
BY
BY
Tnarrtc Reltgr
n Roaus eno
Yeson42 Wlrxour Htcnrn Taxrs
Dear Local Govemment Official,
Please join the League of Califomia Cities in supporting Proposition 42, the Transportation Congestion
lmprovement Act, on the Mardr 5,z}lzstatewide ballot.
As you may already know, Propsition 42 would allocate a portion of the existing state sales tax on
gasoline to cities and counties to be used for transportation improvements.
Cities and counties combined will receive 40 percent of the Proposition 42 revenues. Twenty percent of will
be earmarked for cities for local street repairs and maintenance. Twenty percent of he revenue will be
earmarked for counties for local road repairs and maintenance. Another 20 percent is provided to public
transit agencies, and the remaining 40 percent goes to the State Transportation lmprovement Program
(STIP), which is primarily composed of locally-identified projects'
Proposition 42 is an important measure for all cities and counties as it would provide a muc{t needed on-
going reliable source oi funding for our streets, roads and other local transportation projects. Proposition
+2 liespecially important now as many local transportation sales tax mgasures are set to expire over the
next few yeans.
I hope that you and your council willjoin the League of Califomia Cities and the Yes on Proposition 42
campaign coalition of law enforcement and transportation ofiicials, business, labor unions and taxpayers in
supporting this measure.
Enclosed please find a sample support form and resolution. lf you have any questions, please feel free to
contact campaign coalition director Ted Green at (310) 996-2671 (tgreen@woodwardmcdowell'com) or
campaign intemlt education director Jason Barnett at (650) 3404470 fibarnett@woodwardmcdowell'com)'
Thank you for your consideration.
Sincerely,
{
tr.,A/A
{
Christopher McKenzie
Executive Director, League of Califomia Cities
Tnxpavuns ron TRlrflc Eeuer/Yrs ou {2. A Colmrou or Trxprvens, Gonstaucfloil, Bustrss, laeon, Erctileens eruo Gomuurcns
1300 West 0lympic Blvd. #840. Los Angeles, CA 90064. 310/996-2671 o Fax 310/996-2673
111 Anza Blvd. #406. Burlingame, CA 94010'650/340-0470'Fax 650/340-1740
website: www.yesprop42.com o e-mail: inf o@yesprop42.com
EH
Tnerrtc Retter
Roaos lttoEIEEI
Yeson42ffi
SAFER ROADS - TRAFFIG RELIEF . WTTHOUT NEW TAXES
Reguires the gasoline sa/es tax- A TAX WE ALREADY PAY AT THE PUMP - be used to improve
high'ways, tocitroads and mass transit. An annual audit of Prop. 42 funds will be required to help
guarantee transportation projects get delivered on time and on budget.
lmprove Highway, Bridge and Street Safety
California's once safe and beautiful highways are now the most deteriorated roadways in the nation, and growing
less safe by the day. More than 6ood California bridges and overpasses are structurally deficient or no longer
meet highway safety or design standards. Prop. 42 will provide desperately needed funds to help fix potholes and
repair dangerous r.oudr, high'ways, bridges, intersections and school routes - in every city and county in the state'
speed Up Traffic Relief and tlass Transit Proiects
Los Angeles has the most congested traffic in the country. San Francisco/Oakland is second, San Diego sixth,
and Sa-cramento, San Jose an-d San Bernardino/Riversidl tsltow close behind. Prop. 42 guatanlees gasoline
sales taxes - taxes we already pay - will be used for transportation improvements. lt will help speed up the
delivery of planned traffic retiet-piolects on highways and local roads, and expand local bus and commuter
services, such as VTA in San Jose, Sacramento light rail, MUNI, Green and Blue lines in L'A., the San Diego
trolley, BART, Caltrain, Capitol Corridor, Southern California's Metrolink, ACE, and the Coasters in San Diego'
Greate Jobs and Stimulate the Economy
Speeding up transportation projects has the added benefit of creating thousands of new jobs in construction,
engineering'and related services - at a time when we need them the most. Every dollar spent on highway
improvements generates about six times that amount in economic benefits.
Join Catifornia Highway Patrol Commissioner Dwight Helmick, the California Police Chlefs Association,
California Organizalion of Potice and Shedffs (COPS), California Fire Chiefs Association, California Office of
Emergencybervlces Director DattasJones, California Taxpayers'Assoclation , California State Automabile
AssociSfion--AAA, Automobite Club of Southern California-AAA, California Transit Association, Transportation
California, California Attiance for Jobs, Catifornia Taxpayer Protection Committee, California Stafe Assoc iation
of Counties, League of Catifornia Cltles, California Chamber of Commerce, labor unions, selsmic safety
engineers, tocal ani statetransportation officials, seniors, commuters, transit riders, parents and many others.
YES on PROP.42
SAFER ROADS - TRAFFIC RELIEF - WITHOUT NEW TAXES
Tuplvrns roR TnnrHc Bguerfyes ofi 42. A Golunon or TaxplyeRs, GoasrBuutton, Busliless, LffioR, EreHsEBs AND CouuwrRs
1 1300 West 0lympic Blvd. #840 . Los Angeles, CA 90064 . 310/996-2671 ' Fax 310/996-2573
111 Anza Bivd. #406' Burlingame, CA 94010'650/340-0470 o Fax 650/340-1740
website: www.yesprop42.com o e-mail: info@yesprop42.com
1t2
i
Wmmour Hrcnen Taxes
prop. 42 will help speed up hiql av. street and mass transit improvements. lt also Euarantees everv citv and countv
Alameda. Extending rail service to Livermore. WkJening Rte. 84 from 4 to 6 lanes from Livermore to Sunol
. Westbound truck climbing lane over Altamont Pass
. Adding train service across the Dumbarton Bridge
Contra Costa. Extending rail service to Antioch. Speeding up work on fourth bore for Caldecott Tunnel
. Eryansion of 680/Route 4 interchange. lmprovements to State Route 4
Fresno. Extension of Highway 180 fom Highway 33 to l-5. lmprovements to Highway 99. Traffc improvements to and widening of Hemdon Avenue. Expansion of pttblic transit
Kem. Widening and impmving Highway 99. Wkiening and improving State Route 58 in Bakersfield
Los Angeles. lmproving the San Diego Freeway (405)and he Ventura
Freeway (101) interchange and travel o/er Sepulveda Pass. Countywide freeway improvements induding l-5, l-10, Route
14, Route 60, and U.S. 101. Expansion of Meko Rapid Bus service. Expansion of rail seMce to Pasadena, East Loe Angeles
and West Los Angeles. Conslruction ofa Busway in the San Femando Valley along
the BurbanUChandler cordlor
arin/Sonoma. Speeding up widening of '101
. Expansion of ferry service. f\,bw 580/101 connecting ramps
Napa/Solano. Widening/improving 80/680/Route12interchange. Wirlening 680 to 6 lanes nor$ of the Benicia Bridge. Expansion of Route 12 Jamieson Canyon between Route
29 and 180.
Orange Gounty. Fixing freeway bottlenecks on the405 from WarneI to
Beach Blvd., the 55 freeway, the 5 and the 91. Expansion of MetroUnk commuter rail seMce by doubling
existing Metmlink during peak period operations and adding
new service from Fullerton to Laguna Niguel. lncreasing "Bus Rapid Transif seNice on Beach and
Harbor Blvds.
Rivercide. Railroad grade separaton on maior streets. lmproving Metrolink Seruice
. lmpmvements to l-2'15. Wkiening of l-15 fIom T€mecula to Corona. Construction ofa new East-West conidor between Riverside
and Orange County. lnterchange improvements along l-10 in Coachella Valley
. lmprovement of local bus services
Sacmmsnto. Light railfrom downtown to Sacramento lntemationalAirport
. lmprovemenb on Hwy. 50 and 180 east of downtown
. lmprovements to local roads and local bus seryice
San Bemardino. lmpmvemenb to l-10. WklenirE of l-215 between San Bernardino and Riverside. Widening of l-15 in the Cajon Pass. Expansion of MetroLink commuter rail service
San Francisco. lmprovements to Doyle Dr. approach to Golden Gate Bridge
. Speeding up extension of light rail service underground into
Chinatoln. Replacement for Transbay Terminal
San Diego. Widening of 1.5 throughout the county. Widening of l-15 fmm Keamey Mesa to Escondido. Railtransit expansion and improvements
San Joaquin Valley. Wkiening and imprcvements to Highway 99. Expansion ofACE commuter rail service to Bay Area. Expansion of public transit system
San Luis Obispo. Widen Route 46 to four lanes from Paso Robles to Fresno
San ateo. Speeding up interchange improvements along '101,
induding Willofl Road, University Avenue and Bmadway. Wilening Route 92 ftom 4 to 6 lanes belween 101 and 280. Speeding up electrification of Caltrain from SF to Gihoy
Santa Clara. Speeding up work on widening 101 from 6 to 8 lanes from
Metcalf Road lo Cochrane Road. WiJening 880 to 8 lanes ftom Rotte 237 to 101. Speeding up mnstruction of BART from Warm Spdngs to
San Jose
Ventura. Widening Route 23 between Moorpa* and Thousand Oaks. Widening 101 fteeway from Johnson Driw in Ventuna lo
Vineyard Avenue in Oxnard
12114
Otticial Baflot r'abet lor Propoeltlon 42:
TRANSPORTATION CONGESTION IMPROVEMENT ACT.
ALLOCATION OF EXISTING MOTOR VEHICLE FUEL SALES AND
USE TAX REVENUES FOR TRANSPORTATION PURPOSES ONI'Y.
I,EGISI,ATIVE CONSTITUTIONAL AMENDMENT.
Requires, effecEive ,Ju1y t, 2003, existing revenues resulting from state
sales and use taxes on the sale of motor vehicle fuel be used for
transportation l)urposes as provided by 1aw until,fune 30, 2008. Requires,
effeclive ,Ju}y L, ZOae, exieting revenues resulting from state eales and use
taxes be used for public transit and mags transportation; citsy and county
street and road repairs and improvemenEs; and state highway improvemente'
Impo8es the requirement for a two-thirds of the Legislature to suspend or
modify the percentage allocation of the revenues. Fiscal ImPact: Starting in
2008-0g, about $1.4 billion in state gasoline sales tax revenues, increasing
annual-Iy Ehereafter, would continue to be used for Etate and 1oCa1
Lransportation purPoses .
Proposition 42 Textt
Assembly Constitutional AmendmenE No. 4--A resolution to propose
to the people of the state of california an amendment to t,he
Constitution of the State, by adding Article XfXB thereto, relating
to transportation.
LEGISIJATTVE COT'NSEI,'S DIGEST
ACA 4, Dutra. Transportation funding: sales and use tax
revenues.
The sales and u6e Tax Law lmposes a tax on the gross reeeipte from
Ehe sale in this state of, or the storage, use, or other consumption
in this state of, tangible personal- property. That 1aw reguires
revenues derived from those taxes to be deposited in the Retail Sales
Tax Fund. Existing 1aw reguires the balance of that ftrnd remaining
after various specified allocations to be allocated to the General
Fund.
This measure wouId, for the 2003-04 fiscal year and each fiscal
year thereafter, require all moneys that are colLected during the
iiscal year under the Sales and Use Tax Law, with respecE to Ehe Eale
or use of motor vehicle fue1, and that are required to be
transferred to the General Fund pursuant to that lar'r' to instead be
transferred to the Transportsation Investment Fund. ?his measure
would, for the 2003-04 to 200?-08 fiscal years, inclusive, regui.re
moneys in that fund to be allocated for transportation purposes as
provided in a specified statute. This measure would. for the 2008-09
iiscal year and each fiscal year thereafter, require moneys in the
fund to be allocated only for transportation purBoses specified by
this measure, and would speeify Lhe al1owab1e percentage amount to be
allocated for each specified transportation purpose.
Ihis measure would a11ow the Legislature to suspend or modify
these requirements under certain circumstances, if the act so
providing is approved by 2/3 of Lhe entire membership of each house
of the Legislature.
WHEREAS, Californiats Contsinuing economic prosperity and guality
of life depend, in no sma1I part, upon an expansive and efficient
transportation system; and
WHEREAS,TheneedEomalntain,expand,andimproveCalifornia's
multlmodal transportation system increases as Callfornia continues to
grow; and
WHEREAS, Public investment in transportatioil has failed to keep
pace with california,s growth, and additional fiscal resourceg are
needed simply to maineain, much less expand, Ca}ifornia,s
transportation sYstem; and
WHEnEAS, The failure t.o addrese California's transportation
funding neede will drain eeonomic vitality, compromise public safety,
and erode qualitY of life; and
WHEREAS; It is nolv necesBary to addregs California's
transportation problems by providing additional state funding, in a
manner that protects existing constitutional gualantees set forth in
section I of Article xvl of the california consti-tution, for Lhe
funding of public educaEion; now, therefore, be it
Resolved by the Assembly, the Senate concurring, That the
Legislature of the Stsate of California at itE 2001-02 Regular Session
coimencing on the fourLh day of December 2000, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the state of callfornia that the constitutioB of the state be
amended by adding Article XIXB Lhereco, Eo read:
ARTTCLE XIXB
MOTOR VEHICI,E FI'EI, SAI,ES TAX REVENUES AND TRANSPORTA?]ON IMPROVEMENT
FI'NDING
sEcTIOr{ 1. (a) For the 2oo3-04 fiscal year and each fiscal year
thereafter, aIl- moneys that are collected during the fiscal year from
taxes under the sales and use Tax Law (Part 1 (cormencing with
Section 5OO1) of Division 2 of tshe Revenue and Taxation Code), or any
guccesaer to that 1aw, upon the sa1e, stsorage, use, or other
consumption in this State of motor vehicle fue1, and that are
deposiled in the eeneral Fund of the state Pursuant to that 1aw,
sha11 be transferred to the Transportation Investment Fund, which is
hereby created in the state Treasury-
(b) t1) For the 2003*04 to 2007-08 fiscat years, inclusive, moneys
in the TransporLation Investment Fund sha1l be allocaLed, upon
appropriation Uy the Legislature, in accordance with Section 7L04 of
the Revenue and Taxatj.on Code ae that Eection read on the operative
date of this article.(2) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation fnvestment Fund shal1 be alloeated
solely for the following Purposes:(A) Public transi,t and mass transportation'
(B) Transportation capit,al improvement projects, subject to the
laws governing the State Transportatioa Improvement Program, or any
successor to that Program.(C) Street and highway maj-ntenance, rehabilitation,
reconstruction, or storm damage repair conducted by cities, including
a city and county.
(D) sLreet and highway maintenance, rehabilitation,
reco4strucLion, or storm damage repair conducted by counties,
including a city and county'
(c) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund sha11 be allocaEed, upon
appropriation by the Legislature, as follows:
(A) Tsenty percent of the moneys for the purposes set forth in
eubparagraph {A) of paragraph (2) of subdiwision (b) '
(B)ForEypercentofthemoneysforthepurPosessetforthin
subparagraph (B) of paragraph (2) of subdivision (b) '(c) Twenty percenE of the moneys for the purposes set forth in
subparagraph (C) of paragraph (2) of subdiwision (b) '
(D) Twenty percent of the moneys for the purpose set forth in
subparagraph (D) of paragraph (2) of subdivision (b) '(d) The transfer of revenues from the General Fund of the SEate to
the Transportation Investment Fund pursuant to subdivision (a) may
be suspended, in whole or in part, for a fiscal year if both of the
following conditions are met:
(1) The Governor has issued a proclamation that declares that the
transfer of revenues pursuant Eo subdivision (a) will result in a
significant negatsive fiscal impact on the range of functions of
government funded by the General Fund of the State.
(2) The Legislature enact,s by statute, pursuant to a bill passed
in each house of the Legislature by ro1lcal1 vote entered in the
journal, two-thirds of the membership concurring, a suspension for
that fiscal year of the transfer of revenues pursuant to subdivision
(a), provided that the bill does not contain any other unrelated
provision.
(e) The Legislature may enact a statute that modifies the
percentage ghares sec forth in subdivision (c) by a biJ.1 passed in
each house of the r,egislature by rol1cal1 vote entered in the
journal, two-thirds of tshe membership concurtlng, provided Lhat the
bill does not contain any other unrelated provision and that the
moneys described in subdivision (a) are expended soIe1y for the
purposes set forth in paragraph (2) of subdivision (b).
7c
STAFF REPORT 1t23t2002
TO Honorable Mayor and CT SUB
BY
DATE:Januarv 14.2002
BY
E.
INTRODUCTION OF ORDINANCE AMENDING CHAPTER 8.08 TO ADOPT BY
REFERENCE CERTAIN PROVISIONS OF TITLES 4 AND 5 OF THE SAN MATEO
COUNTY ORDINANCE CODE AND CONFORMING BACKFLOW PROTECTION FOR
FIRE PROTECTION SYSTEMS
FROM
SUBJECT:
RECOMMENDATION:
Introduce proposed ordinance to update the City's adoption of the County Environmental Health Code
provisions by:
A. Request City Clerk to read the title of the proposed ordinance.
B. Waive further reading of the ordinance.
C. Introduce the proposed ordinance.
D. Direct the City Clerk to publish a summary of the ordinance at least 5 days before proposed
adoption.
DISCUSSION:
The City has used the County's environmental health code provisions for the past 25 years. The County has
been very responsive to City concems and has an excellent health department.
This proposed ordinance will update the Municipal Code with the current governing provisions regarding
environmental health from the County Ordinance Code, which includes rodent and vector control, milk
regulations, restaurants, wells, chemical toilets, and storage of hazardous substances.
Fees for permits and inspections for the health services will match those adopted in the County Ordinance Code
Attachment
Proposed Ordinance
County Ordinance Provisions
Distribution
Director of Public Works
AGENDA
ITEM #
MTG.
DATE
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ORDINANCE NO.
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 8.08 TO ADOPT BY REFERXNCE CERTAIN PROVISIONS
oF TTTLES 4 (SANTTATTON AND HEALTH) AND s (BUSTNESS REGULATIONS) OF
THE SAII MATEO COUNTY ORDINAI\CE CODE AI\D CONFORMING
BACKFLOW PROTECTION FOR FIRJ PROTECTION SYSTEMS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The City of Burlingame has used the services of the San Mateo County
Environmental Health Officer and the provisions of the San Mateo County Environmental Health
Code to help ensure the health and safety of the community. This ordinance is intended to adopt
the revisions to and the new designations of the sanitation and health provisions of the San Mateo
County Ordinance Code pursuant to Government Code $ 50022.9. ln addition, the provisions for
backflow protection for potable water systems should be affirmed for fire protection systems.
Section 2.Chapter 8.08 is amended to read as
Chapter 8.08
ENVIRONMENTAL HEALTH
8.08.010
8.08.020
8.08.030
8.08.040
Adoption by reference of certain provisions of title 4 (Sanitation and Health) of
the San Mateo County Ordinance Code
Additional provisions conceming wells
Inspection fees, permit procedures, and penalties
Health officer defined
8.08.010 Adoption by reference of certain provisions of title 4 (Sanitation and Health) of
the San Mateo County Ordinance Code.
(a) The following chapters of titles 4 and 5 of the San Mateo County Ordinance Code
are adopted by reference:
(1) Chapter 4.08 - Manure and Fertilizers;
(2) Chapter 4.12 - Mosquito Control;
1
(3) Chapter 4.16 - Rodents;
(4) Chapter 4.20 - Milk Regulations;
(5) Chapter 4.48 - Abatement of Nuisances;
(6) Chapter 4.52 - Environmental Health Code Generally;
(7) Chapter 4.56 - Food Establishments;
(8) Chapter 4.60 - Public Fresh Water Sports Areas;
(9) Chapter 4.68 - Wells;
(10) Chapter 4.72 - Backflow Prevention;
(11) Chapter 4.76 - Chemical Toilets
(12) Chapter 4.80 - Rodent and Insect Control;
(13) Chapter 4.84 - Individual Sewage Disposal Systems;
(14) Chapter 4.92 - Storage of Hazardous Substances;
(15) Chapter 4.108 - Prohibited Fuels; and
(16) Chapter 5.68 - Food Establishments.
8.08.020 Additionalprovisionsconcerningwells.
The following additional provisions regarding wells shall apply within the city:
(a) Double Check Valve Arangement. Between the house or structure being served and
the water meter box or distribution system, there shall be installed a double check valve
iurangement approved jointly by the health officer and the city engineer.
(b) As apart of the investigation required by Chapter 4.68 of title 4 of the San Mateo
County Ordinance Code as adopted by this title, the health officer shall consult the city engineer
and shall not issue any well permit without the city engineer's concurrence.
8.08.030 lnspection and application fees, permit procedures, and penalties.
The inspection and application fees and the permit procedures established pursuant to
title 4 and chapter 5.64 of the San Mateo County Ordinance Code, with the exception of the 5
year tobacco sales permit, are approved for use by the county health officer in administering
2
this chapter. The penalties for violations of the provisions of this chapter shall be as provided
in chapter 1.12 of this code.
8.08.040 Health officer defined.
Unless otherwise specified, "health officer" as used in this code means the County of
San Mateo health officer appointed pursuant to Chapter 4.52 of the San Mateo County
Ordinance Code as adopted by reference pursuant to this chapter.
Section 3. Chapter 8.13 is repealed.
Section 4. Section 15.04.030 is amended to read as follows:
15.040.030 Installation of fire protection service.
(a) All fire protection services are to be installed by the owner at his expense with the
required encroachment permit and inspection by the city public works department.
(b) A double check detector valve of a type approved by the city public works
department is required on all fire services and is to be furnished by the owner. Each building
with a fire protection service shall have its own separate fire connection with the city water
main.
(c) A backflow prevention device, which shall be of a type approved by the director of
public works and the health officer, is required on buildings three stories or more in height.
Section 5. Section 15.04.050 is amended to read as follows:
1 5.04.050 Cross-connections and backflow.
(a) No water service connection to any premises will be installed or maintained by the
city unless the water supply is adequately protected in accordance with the requirements and
regulations of Title 17 of the California Administrative Code and this code as determined by the
director of public works and the health officer..
(b) The property owner or consumer who is responsible for any protective device shall
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have each such device inspected and tested in accordance with the requirements of the health
officer. The city shall be furnished with a copy of the test results. On each domestic service
where protection is required, two properly valved protection devices shall be installed to insure
a continuous supply of water to the premises while one unit is being tested.
(c) Failure to comply with any section of this chapter may be cause for the
discontinuance of water service by the director of public works or the health officer. The
director of public works shall give notice in writing of any violations of this chapter to the
property owner and consumer. If no action is taken within ten (10) days after such notice has
been mailed or delivered in person, the director of public works may discontinue delivery of
water. However, if the director of public works or the health officer determines that the
violation constitutes an immediate threat to the public health or safety or to the integrity of the
public water system, the director or the health officer may discontinue delivery of water
immediately without prior notice; in such an instance, the director or the health officer shall
deliver notice of discontinuance as soon as practicable to the property owner and consumer.
Delivery of water shall not be resumed until a protective device has been properly installed and
approved as provided in this section.
Section 5. This ordinance shall be published as required by law
Mayor
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on the_
day 200_, and adopted thereafter at a regular meeting of the City Council
held on the day of ,200-, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COTINCILMEMBERS:
ABSENT: COUNCILMEMBERS:
4
City Clerk
f Chapter 4.0t
IITANL'RE AND FERTTLIZERS
Sections:
4.08.010 Manurt and fertilizer
regulations.
Exception.4.0E.020
4.0t.010 Manure and fertilizer regulations.
It is unlawful for any person to:
(a) Load, unload or handle, or to assist in load-
ing, unloading or handling, other than hauling, any
manur€, fenilizer, or other decomposing mafier' on
any public road, street or thoroughfare of said San
Mateo County, or within one hundred yards of any
public road, street or thoroughfare of said San
Mateo County or within one hundred yards of any
dwelling house then and there occupied by human
beings in said San Mateo County.
O) Permit carloads or any other large quantities
of manure, fertilizer or other decomposing matter to
stand or remain for any perid longer than is neces-
sary in switching or carrying a car through on any
public road, street or thoroughfare of said San
Mateo County, or within one hundred yards of any
public road, street or thoroughfare, or within one
hundred yards of any dwelling house then and there
occupied by human beings in said San Mateo Coun-
ty.
(c) Deposit or permit to remain on any public
highway of said San Mateo County any ntanure'
fertilizer or other decomposing matter.
(d) I-et loads of manure or other decomposing
matter, as the same are loaded upon wagons or other
vehicles, stand upon or along the public roads of
San Mateo County.
(e) Haul over or upon the County roads of said
County any manure or decomposing matter without
having the same completely covered with a good
and sufficient canvas cover. (Prior code $ a110.0;
ofi. 212, OUolllgls)
4.08.010
4.0t.020 Exccption.
It is expressly provided, however, that the provi-
sions of this chapter do not Prevent any person from
placing such manurc or fertilizer uPon any lot or
parcel of land within said San Mateo County as is
necessary for properly fenilizing such lot or parcel
of land. (Prior code $ 41 t0.l : Otd.272,OAOU19L5;
Ord. 3113,06116187)
(4.08) l
(Chepter 4.12
MOSQUTTO CONTROL
Places where mosquitoes being
bred dedared a public
nuisance.
Duty to abate nuisance.
Penalty for failure to abate.
4.12.010
imprisonment. (Prior code i 41?-0.21 Ord. 198,
c6,t07trn5)
Sections
4.12.010
4.72.020
4.12.030
4.12.010 Places where mosquitoes being
bred declared a public nuisance.
All pools of water, or other places in which mos-
quitoes, are being bred are hereby declared to be
public nuisances. All Health Officers of the County
and the Boards of Health of all cities and towns in
the County are hercby given authority, and it is
made their duty, upon the complaint, in writing, of
any resident of the County or City or Town, to
condemn, as nuisalces, all such pools of water or
other places in which mosquitoes are being bred,
and order the summary abatement theteof. (Prior
code $ 4120.0; Ord. 198,06/07/1905)
4.12.020 Duty to abate nuisance.
Upon being notified by such Helth Offrcers or
Boards of Health, of the existence of such pools of
water or other places in which mosquitoes are bred,
and that the same has been declared a public nui-
sance by said Health Officers or Boards of Health,
it shall be the duty of the p€rson or persons rcspon-
sible for the maintenance thereof to forthwith abate
such nuisance. (Prior code $ 4120.1; Ord. 198,
06/07/1905)
4.12.030 Penalty for failure to abate.
All persons refusing or neglecting to fonhwith
abate such nuisance as directed by said Health Offi-
cers or Boards of Health, shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall
be fined not more than Fifty ($50.00) Dollars, or by
imprisonment in the County Jail for not more than
twenty-five (25) days, or by both such fine and
(4.12) |
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(Chapter 4.16
RODENTS
Premises infested. Certain
rodents deemed public
nuisances.
Abatement thereof.
Inspection by commissioner.
Control and d€sruction of
rodents.
Sde of poisons for rodent
control,
Penalty for interfering with
ofEcial ections.
Definitions.
4.16.010
er said premises are infected or infested with ro-
dents. (Prior code $ 4130.2; Ord. 461, OglO4,RT\
4.16.040 Control and destruction of
rodents.
The said commissioner shall have the power and
authority to prcscribe the methods to be used to
eradicate or control or destroy said animai pesls, to
employ the necessary labor for such work, and to
prescribe rules for the qualification of any person
who enters his employment for said purposes, and
to enforce such rules which he may establish- (Prior
code $ 4130.3; Ord. 461, Og/o4.lT'I)
4.16.050 Sale of poisons for rodent control.
The commissioner shall have the power and
authority to manufacture and sell poison barley and
such other materials as are convenient or necessary
in destroying ground squirrels or other rodents. All
such materials shall be furnished at cost to any
person upon satisfactory assurance to the said com-
missioner that such materials are to be used on
premises within the County of San Mateo for the
purpose of controlling or destroying or eradicating
said animal pests. (Prior code $ 4130.4; Ord. 461,
08tut3't)
4.f6.060 Penalty for interfering with
official actions.
Every person who shall interfere with the ofFrcial
actions under this chapter of the said commissioner,
his deputy, inspectors, and employees, shall be
guilty of a misdemeanor, punishable by imprison-
ment in the County jail not exceeding six months or
by a fine of not exceeding Five Hundred Dollars
($500.00) or both. (Prior code $ 4130.5; Ord. 461,
o8tut37)
4.16.070 Definitions.
The following words and terms as used in this
chapter shall be construed as follows:
(a) "Commissionef' shall mean the County Agri-
cultural Commissioner.
4.r6.010
4.t6.020
4.16.030
4.15.(X0
4.16.050
4.16.060
4.16.070
4.16.0f0 Premises hfested. Certain rodents
deemed public nuisances.
Any and all premises in the County of San Mateo
infested wrth (1) ground squirrcls, and/or (2) field
mice (Muridae Spp) which are infected with any
disease ransmissible to human beings are hereby
expressly declared to constitute a public nuisance.
(hior code $ 4130.0; fr. 461, 0ElMl37: Ord.
1058, 05/1E/54)
4.16.020 Abatementthereof.
Whenever any such nuisance sha.ll exist within
the County of San Mateo, it shall be the dury of the
County Agricultural Commissioner to cause said
nuisance to be at once abated by eradicating or by
controlling or by destroying sard rodens, and the
reasonable expenses incurred therefore shall be a
County charge. (Prior code $ 4130.1; Ord. 461,
08t0/.t17)
4.f6.030 Inspectionbycommissioner.
It shall be the duty of said commissioner, when-
ever he shall deem it necessary, to cause an inspec-
tion to be made of any premises within the County
of Saa Mateo for the purpose of ascenaining wheth-
(4.16) 1
Sectioos:
4.16.O70
@) "Other rodents" shall include all gophers,
mice ard rats. (Prior code $ 4i30.6; Ord.46l,
08t0/,t37)
(
(
(
(4.16) 2
(
420.010 Definitions.
For the purpose of this chaprcr cenain words and
phrases are defined, and certain provisions shall be
constnted as herein sct out, unless it shall be appar-
ent ftom the content that a different meaning is
inrcnded.
(a) "Agricultural Code" is division IV, chapters
I to 10, inclusive, of the Agriculoral Code of the
State of Califomia.
(b) "Califomia Administrative Code" is subchap
ter 1, chapter 2, title 3, of the Califomia AdminisEa-
tive Code of the State of California.
(c) "Dairy Farm" means any place or premises
on which milk is produced for sale or distribution
and where more than one cow or three goats are in
lactation.
(d) 'Dalry Farm Permit" is the permit issued to
a producer of milk as provided in this chapter.
Chapter 420
Defiritions.
Standards end requircmcnts.
Permit required.
Application for permit
Inspection of premises
Issuance of permit
Suspension and revocation of
p€rDit.
Duration of pe rmit
Permit to be pcsted.
MiIk distribution depot
Sigrs to be placed on vehicles.
Protective cover-Packaging.
Enclosed vehicles.
Bulk milk dispenser permit
Inspection fees. Proce.ssor.
Validity.
Repeals.
4.20.010
(e) "Darry Products Permit" is the permit issued
to a processor, manufacturcr or distributor of fluid
dairy products.
(f1 "Fluid Dairy Producs" include milk, cream,
homogenized milk, skim milk intended for human
consumption, chocolarc milk, chocolate dairy drink
and similar flavorcd drinks, buttermilk, culnued
buttermilk, milk shake and similar mixed drinks, ice
milk mix, ice cream mix, sour milk, sour cream,
when in fluid form.
(g) "Health Department" is the San Mateo Coun-
ty Department of Health and Services.
(h) 'Health Director" is the Drector of the San
Mateo County Department of Health Servrces, or his
duly authorized agent.
(i) "Market Milk" is milk which is supplied to
the consumers in the natural fluid state, or prepared
for human consumption without being converted
into any other form or product and cooforms to the
stardards provided therefor in chapter 3, division 4
of the Agricultural Code.
() "Milk planC' is any place where market milk,
cream or other fluid dairy product is processed or
prepared for distribution.
(k) "Milk distribution depot" is any place where
fluid dairy products are stored and kept for distribu-
tion; but shall not include a bonafide $ocery store
making delivery of milk with other merchandise
purchased from such grocery store.
(l) "Process", or any of its vadants, includes
packaging, pasteurizing, manufacoring and any and
all other steps in the treatment or preparation of a
dairy product or distribution.
(m) "Trdnsporter" is any person who trarspons
for hire a fluid dairy product for delivery in San
Itlateo County, or which is intended for dismbution
therein.
(n) "Sell" includes "offer for sale", "expose for
sale", "have in possession for sale", exchange",
"trade" or "distribute", or 'taner". (Prior code $
4 140.0; Ord. 12O9, 03119151 ; Ord. 3 1 I 3, 061 161 87 \
420.020 Standardsaldrequirements.
Except as otherwise provided in this chapter, it
Sections:
4.20.010
420.020
420.030
420.0,10
4.20.050
420.050
420.070
(4.20) l
)
IyIILK REGL'LATIONS
420.0t0
4.20.090
4.20.r00
4.20.110
4.20.120
4.20.1{
4.20.140
4.20.150
420.Lfi
4J0.170
4.20.020
shall be unlawful for any person to produce, pro-
cess, sell or distribute any ma*et milk or other fluid
dairy products for human consumption, unless such
products conform to the standards and rcqutements
for markct milk or other fluid da$ products as
provided by the Agricultural Code, Califomia Ad-
ministrative Code, and this chapter. In addition to
conforming to the standards of the Agricultural
Code of the Sare of California, these products must
be pasteurized. (Prior code $ 4140.1; Ord. 1209,
03119157)
420.030 Permitrequired.
Every milk producer who operates a dairy farm
within the jurisdiction of San Mateo County Milk
lnspection Service, and whose dairy farm is inspect-
ed by San Mateo County Milk lnspection Service,
shall apply for and obtain a dairy farm permit from
the Health Director, as hereinafter provided.
It shall be unlawful for any person to process, sell
or disribute any market milk or other fluid dairy
producs in the County of San Mateo without first
having applied for and obtained a Dairy Products
Permit from the Health Director, as hereinafter
provided. (Prior code S 4140.2; Ord. 1209,
o3t19t57)
4.20.W ^A,pplication for permit
An application for a Dairy Farm Permit or a
Dairy Products Permit shall be made in writing to
the Health Department upon a form supplied by the
Health Director and shall designate the location of
the operations to be performed, the nature of such
operations and give such other information as may
be requted by said Health Director. @ior code $
4140.3: Ord. 12W, 03119157)
420.050 Inspection of premis€s
Upon the filing of such application, if premises
are located in San Mateo County, the Hea.lth Direc-
tor shall inspect the premises referred to and their
immediate surroundings, together with the equip
ment, facilities and methods to be employed in
conducting the operation to which said application
pertarns. (kior code $ 4140.4; Ord. 1209,03119157)
420.060 Issuance of permit
If the Health Director shall find that all the prov!
sions of thrs chapter and the Agricultural Code
pertaining to such applicant and such premises arc
complied with, and that conditions of the premises,
equipment and facilities involved arc compatible
with public health, a permit shall be granted upon
payment of such fees as may be required by this
chapter. (Prior code $ 41,t0.5; Ord. 1209, 03119157)
420.070 Suspension and revocation of
penuit.
Such permit shall be granted only on the express
condition that the same shall be subject to suspen-
sion or rcvocation, after proper hearing, by the said
Health Dircctor for a violation by the holder thereof,
or any employee or agent of such holder, of any of
the provisions of this chapter or of any rule of the
Health Depanment relaring to the inspection and
sanitary condition of dairies, or upon proof of viola-
tion by such holder of any laws of the Starc of
California by providilg for the standard and quality
of dairy products. @ior code $ 4140.6; Ord. 1209,
03t19t57)
4J0.0E0 Duration of permit.
Such permit shall be valid until December 31 of
the calendar year in which it is issued, unless it is
suspended or rcvoked as provided by this chapter,
or until the holder of such permit changes the loca-
tion of his place of business, or shall ce.rse opera-
tions for a period of frve (5) consecutive days (Pri-
or code $ 4140.7; Ord. 1209,03119157)
4.20.D0 Permit to b€ postd.
Every permit issued pursuant to the provisions of
this chapter shall be posted conspicuously at the
place of business named in such permit. (Prior code
$ 4140.8; Ord. 1209, 03/19/57)
4.20.100 Milk distribution depot
Every person who operates a fluid milk distribu-
tion depot in San Mateo County must maintain
adequate and effrcient cold storage facilities me-
chanically equipped and operated. Toilets, lavatories
(4.20) 2
(
(
(
(and lockers must be provided. (Prior code $ 4140.9;
Ord. 1209, O3ll9l57)
4.20.110 Signs to be placed on vehicles-
Every person delivering fluid milk in the County
of San Mateo shall have his trade name legibly
placed in letters not less than three (3) inches in
height and one-half (ll2) inch in width in a conspic-
uous place on both outer sides of all vehicles used
by such person for carrying milk. (Prior code $
4140.10; Ord. 1209, 03119t57)
420.120 Protective cover-Packaging.
All fluid dairy products in glass containers shall
be sealed in a manner that will protect the pouring
lip or such package from contamination. The cap or
cover used shall cover the pouring lip to at least its
largest diameter, shall meet the approval of the
Health Director, and shall be mechanically applied
at the time of packaging. The provisions of this
section will go into effect one (1) year after the
adoption of this chapter. (Prior code $ 4140' I 1; Ord.
tzw,03tr9/57)
4.20.f0 Enclmed vehicles.
Ail vehicles used for delivering or transporting
fluid dairy products shall be so enclosed as to pro-
tect such products from direct suntght and maintain
the proper degree of refrigeration as required by
State law. The provisions of this section shall not be
effective until one year after the adoption of this
chapter- (Priorcode $ 4140'12; ord' 1209, a3lBl57)
4.20.1fi Bulk milk disPenser Permil
Every establishment where a bulk milk dispenser
is used shall apply for and obtain a bulk milk dis-
penser permit from the Health Director. The bulk
milk dispenser must be kept in a sanitary condition,
and dispense a dairy product that complies with
legal standards. Violation of this section shall con-
stitute cause for suspension or revocation of said
perrnit. Said permit shall be valid until revoked.
(Prior code $ 4140.13; Ord. 1209, 03119157)
4.20.100
4.20.150 Inspection fees. hocessor.
The processing inspection fees required to be paid
by this section shall be due on the first day of every
month for the preceding calendar month. Said fees
are as follows:
(a) Every processor of market milk under the
jurisdiction of the Health Director shall pay the
County of San Mateo through the Milk lnspection
Service, Department of Health Services, a fee in an
arnount equal to one mill per gallon of market milk
received at the milk processing plant- Such inspec-
tion fee shall be adjusted from time to time by the
Department of Health Services, with the approval of
the Countv Manager, in order that the revenues ftom
the fees shall not exceed the actual cost of making
the necessary inspections.
The above fee when paid shall be accompanied
by a report on a form provided by the Health Ser-
vices Department signed by the manager or person
paying the fee setting forth the correct number of
gallons of market milk processed during the month
which the fee is based.
(b) Every processor of market milk who receives
milk from a Grade *A" dairy inspected by the
Health Department shall pay a dairy farm inspection
fee to the Counry of San Mateo, through the lvIilk
lnspection Service, Department of Health Services,
sufficient to cover the cost of the dairy farm inspec-
tion. Said fee shall be fixed by the t{ealth Officer,
with the approval of the County Manager, and shall
not exceed the actual cost of such inspection service
as determined by the Health Offrcer.
(c) If any fee provided for in this section shall
not be paid within thirty (30) days after the same
shall become due and payable as herein provided,
ten percent (l|Vo) of the amount thereof shall be
added thereto as a penalty for nonpayment, and if
said fees are not paid within sixty (60) days after
becoming due, frfteen percent (157o) of the amount
thereof shall be added thereto". (Prior code $
4 140.1 4 ; Ord. I 209, 03 I 19 I 57 ; Ord. 1 397, A5 D4l 60;
Ord. 3l13,06116187)
4.20.160 Validity.
If any section, subsection, sentence, clause, or
(4.2O) 3
)
4.20.rfi
phrase of this ordinancc, is for any reasoo held to
be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or
constitutionality of any other ponion of this ordi-
nancc. (Prior code $ 4140.19; Ord. 1209, 03179157)
420.170 Repeals.
Ordinance 522 and amendments thereto are here-
by repealed. (Prior code 0 4140.20; Ord. 1209,
o3119t57)
(
(
(
{4.2O) 4
4.48.010
(Chap&r 4.48
ABATEMENT OF NLTISANCES
4$.010 Arrests.
4.,1E.010 Arrests.
The Health Officer and his delegated subordi-
nates, pursuant to the provisions of section 836.5 of
the Penal Code of the State of Califomia, may arrest
a person without a warrant whenever he has reason-
able cause to beliele that the person has commined
a misdemeanor in his presence which is a violation
of any ordinance, statute, or law, enforcement of
which is under the administration of the Health
Officer. Upon making such an arrest, the Health
Officer or his delegated subordinate may release the
p€rson arrested pursuant to section 853.6 of the
Penal Code of the State of Califomia" the Provisions
of which are hereby adopted by reference as part of
this section. (Prior code $ 4308; Ord. 2153,
ffit1w2)
(,1.48) I
I
Sectioos:
I
Chapter 4.52
ENVIRONMENTAL IIEALTH CODE
GENERALLY
Sections:
4.52.010
of Public Health of the San Mateo County Depart-
ment of Health Services shall be responsible for the
enforcement of this code. The Director of the San
Mateo County Departrnent of Health Services and
her designated representatives in said Environmental
Health section shall be referred to hereinafter as the
"County Health OfFrcer". (Prior code $ 45M; Ord'
y+L3, 0l I lll77 : Ord'. 31L3, 061 16187)
4.52.050 Rules and regulations.
The County Health Offrcer is hereby empowered
to adopt and enforce reasonable nrles and regula-
tions for the interpretation and administration of the
provisions of this code, subject to the approval
thereof by the Board of Supervisors. The County
Hedth OfFrcer shall, at least sixty (60) days prior to
the effective date of any rule or regulation, publish
at least once in a local newsPaper of general circula-
tion in the County of San Mateo a copy of the pro-
posed rule or regulation, inviting public response
thereto. (Prior code $ 4505; Ord. 24L3, OVlln7)
4.52.060 Severability.
If any provision of this code or the application of
such provision to any Person or in any circumstanc-
es shall be held invalid, the remainder of this code,
or the application of such provision to person or in
circumstances other than those as to which it is held
invalid, shall not be affected thereby. (Prior code $
4506; Ord. 2t+13, OllLllTT)
4.52.070 Violations and lrcnalties.
Aoy person, corporation, or entity violating any
of the provisions of this code or of the Rules and
Regulations promulgated pursuant thereto shall be
deemed guilty of a misdemeanor as provided in
section 1.08.010 of the San Mateo County Ordi-
nance Code. (Prior code $ 4507; Ord. 2t+I3,
0LtLU77)
4.52.010
4.52.020
4.s2.030
4.52.040
4.52.0s0
4.52.060
45.2.070
Tifle.
Purpose.
Scope and application.
Responsibility for enforcemenl
Rules and regulations.
Severability.
Violations and penalties.
452.010 Title.
This part shall be known as the "Environmental
Health Code of San Mateo County." This code will
be referred to hereinafter as "this code". (Prior code
$ a500; Ord. UL3,0lllll77)
4.52.0?.0 Purpose.
The purpose of this code is to establish standards
for restaurants, itinerant restaurants, mobile food
vendors, caterers, food equipment, public fresh
water sports areas, water supPlies, wells, chemical
toilets and rodent and insect control complementary
to those imposed by the California Health and Safe-
ty Code and to the rules and regulations promulgat-
ed thereunder by the State Department of Health.
(Prior code $ 4501; Ord. U13,01'llln7)
4.52.030 Scope and aPPlication.
The requirements imposed by this code shall
apply within the unincorporated area of the County
of San Mateo and within those additional geograph-
ic areas in which the County Health OfFrcer is re-
sponsible by municipal ordinance incorporating the
provisions ofthis code and by contract for enforcing
State statutes, rules, and regulations. (Prior code $
4503; Ord. ?/113, OUlLnT)
4.52.040 Responsibility for enforeemenl
The Environmental Health section of the Division
(4.s2) |
Sections:
Chapter 4.56
FOOD ESTABLISHMENTS
"Restaurant' defined.
'{titrerart restauraaf ' defined.
"IVlobilb food vendort''
d€fired.
'ryehicld'defind.
'ilndusriat catering vehielet'
defned.
'tsakery product vehiclet'
defined.
'Mobile food preparation
unif'defined.
"Catener' defined.
'T'ood equipmenttt defined.
'Yending machinet' deffned.
Approval by county health
officer.
Submission of plans to county
health officer.
Itinerant
redaurants-Location
Itinerant restaurants-
Submission of plarr to county
health officer.
Itinerant
resaurants-Inqrecfion strd
determination
Itirerant
restauranls.Juration"
Mobile food vendors-Display
of name and address.
Mobile food vendors-
Requirements for food serred.
Mobile food
vendors-Restriction of food
served.
Mobile food vendors-
Condition of vehicle and
supplies.
Mobile food
vendors-Personal cleanliness.
Mobile food
vendors-Protection of food
and utrDsils.
Indushial catering vehicles,
Bakery produc't vehides.
Mobile food vendor duration*
Fixed position
Mobile food vendors-Duty to
maintain location in sadtary
condition.
Mobile food vendors-Toilet
facilities.
Caterer-Requirements for
preparation.
Caterers-Ilarsportation of
food.
Caterer**ohlbition
regarding Snirnals
Calerers-Temperature for
perlshable foods.
Wrapping, boxing dating, and
labeling on premises of
preparation.
Dating and hbeling
r€quirenents for sandwiches
and box lunches.
Consunption date.
Sandwichcs and box lunches
exempt from requirements.
Consumption date and code
datirg of exeEpt categories of
sandwic-hes and box luncles.
Dating of foods intended to be
heated,
Legibility of date.
Re-use-
Yending machines-Scope and
application-
4.56.m0
4s6.210
45,6.n0
4.56.260
4.562:t0
4.s6280
4.s6.290
4.56.300
456.310
456.010
4.56.020
456.030
45,6.0q
4.56.050
4.56.060
4.56.070
456.080
456.090
456.100
456.110
4.56.1:20
4.56.130
45,6.1&
4.56.1s0
4.56.160
4.56.l:10
456.180
4.56.190
4.56.320
4J6.330
456.v0
4.56350
4.56.360
4.56370
4.s6.380
4.56.390
4.56..100
(4.s6) 1
4.56230
4.56241.J
4.56250
456.410
45,6.4?,0
45,6.430
4l,6.M
456.450
4s6.ffi
45,6.(10
Vending machines-Inspection.
Vending maclines-
Advcrtisement of operdion-
Food equipment-Standards.
Food equipment-Compliance
with staoilsrds.
Food eqnipment-Ease of
maintenance.
Food equipment-Plans.
Food equipment-Approval by
county health officer.
(g) operators of restauants, itinerant restaurants,
and caterers. (Prior code 5 4522; Otd. 2413,
ou7tn7)
456.040 'oVehide" defined.
The term "vehicle" shall have the same meaning
as that defined in section 28514 of the Califomia
Health and Safety Code. Said term shall include
industrial catering vehicles, bakery product vehicles,
and mobile food preparation units. (Prior code $
4523: Otd. 2411, OYlLnl')
456.050 "Industri.lcat€ringvehicle'
deffned-
The term'industrial cat€ring vehicle" shall itr-
clude all vehicles from which are sold immediately
edible food and potable drink which has been pre-
pared and sealed or packaged in a licensed food
establishment (Pdor code i 452.4; Ord. 2.413,
0u1fi't)
4.56.060 'Eakery product vehicle"
defined.
The term "bakery product vehicle" shall include
all vehicles by which bakery products arc transPort-
ed and from which bakery products arc distributed
or sold, but shall not include vehicles used to deliv-
er such products to retail or wholesale food estaF
lishments for resale. (Prior code $ 4525; Ord.2413,
ourtn7)
4.56.070 'Mobile food preparation unit"
defircd.
The term'mobile food preparation unit" shall
include all vehicles in which food products are
preparcd, cooked, packaged, processed, or appor-
tioned for distribution, sale, or service. (Prior code
$ 4526; Ord. Ul3,OUllnT)
4.56.010 'Restaurant" deEned"
The term "restaurant" shall have the same
meaning as that defined in section 28522 of the
California Health and Safety Code and in section
5.64.050 of the San Mateo County Ordinance Code.
(Prior code $ 4520; Ord. AB, OUlffi7)
45r6.W sltinerantrestaurarPd€fircd.
The tenn "itinerant restaurant" shall have the
sarue rneaning as that defrned in seaion ?J.523 of
the Califomia Health atrd Safety Code, but shall not
include mobile food vendors, as hereinafter defmed.
(Prior code $ 4521; Ont 2413,OUlln7)
456.030 'Mobile food venilors" defined.
The term "mobile food vendor" shall include all
persons, corporations, or entities which sell food or
food products at retail to the pubtc either ftom
vehicles or from manually mobile conrainers. Said
term shall include, but not be limited to the follow-
ing:
(a) industrial catcrhg vehiclesl
(b) bakery product vehicles; and
(c) mobile food preparation unis.
Said term shall not include the following:
(d) distributors of milk delivering producs to
regular customers;
(e) distributors of food or food produce deliver-
ing such products to either retail or wholesale es-
tablishments for resale;
(0 distributors of produce or shell eggs;
(4.s6) 2
456.080 'Caterer" defined.
Tte term "cateref' shall refer to any person,
corporation, or entity which, for profit, transports
and serves, or provides for service by another, at a
place other than the business location of such per-
son, corporation, or entity, any food whether an
entire meal or course thereof. (Prior code i 4527;
Ord.2413, OVIWT)
456.0!10 'Sood equipmenf,' defined.
The term 'food equipment'shall include all
machinery and equipment used to prcparc, process,
cook heat, chill, serve, or store any food or food
producl Said tDrm shall not include vqlding rna-
chines as hereinafter defined. (Prior code $ 4528;
Ord. Ul\0ln1n7)
456.100 'Tending machine" defined.
The term "vending machine" shall have the same
meaning as that defined in seaion 28525 of the
Cdifornia Health and Safety Code and in section
5.64.050 (s) of &e San Mareo Courity Ordinance
Code. (Prior code $ 4529; Ord. Ul3,0llllt17)
456.110 Approval by county healh
officer.
It shall be unlawfirl for any person to constnrct,
alter, or repair any rsstaurant, itircrant restaurant, or
other food establishment for whose construction,
alteration, or repat a building permit is necessary
until such person has received in writing from the
County Health Officer aa approval stating that the
plans and specifications for such proposed con-
sEuction, alteratio& or repair conform with Stat€
health laws and regulations and this code. (Prior
code $ 4530; M..2413,0UlW)
4s6lm Submission of plans to county
heal& officer.
Upon application to the County Building Official
for a building permit to authorize the construction,
alteration, or repair of a restaurant, itherant rcstau-
rant, or other food establishment, the owner or oper-
ator of such restaurant, itinerant restauant, or other
food establishment shall also submit to the County
Health Oficer the plans aad specifications for such
constructio& alteration, or rcpair as well as any
other information requested by the County Health
OfEcer. The County Health Officer shall within ten
(10) days following the receip of such plans, speci-
fications, and other infonnation, determhe whether
4.56.080
the proposed constructioo, alteration, or repair com-
plies with tlre St4tc health laws and this code and
shall either approve or reject such proposed con-
struction, alteration, or repair. A copy of the Health
Offrcer's determination shal! upon completion, in
every case be forwarded to the Building Official.
(Prior code $ 4531; Ord. Ul3,0ll1W7)
455.130 Itinerant r€staurants--Lrcation"
No itinerant restaurant shall operate except in a
location approved in writing by the Couoty Health
Officer. No location shall be approved unless it is
either on the site of a temporary evert, such as a
carnival, festival circus, or other attraction, or on
public property, where the public entity owning such
property has consented to the presence of the itiner-
ant restaurant. (Prior code $ 4540; Ord. 213,
outrm)
456.140 ltinerant restaurants-
Submission of phn to county
health officer.
To obtain the approval required in section
4.56.130 hereinabove, the owner or operator of an
itinerant restaurant shall submit to the County
Health Officer plans det iting the proposed location
of the itinerant r€stauratrt, a list of the foods and
food products to be served, a description of the
facilities and food equiprneut of said itinerant res-
taurant, and such other information as the County
Health Officer may rcquest. (Prior code g 4541;
Ord.24.13,0lllfi7)
455.150 Itinerant restaurants-Inspection
and determination.
Upon receipt of the tlata rcquired of the owner ot
operator of an itinerant rcstaruant under section
4.56.140 hereinabove, the County Health Officer
shall inspect both the proposed location and the
itinerant restaurant itself. The County Health OfFrcer
may thereafter approve or deny the proposed loca-
tion or may approve it conditionally upon the
owner's or operator's rcstricting preparation and
service of foods and food products to those deter-
mined to be appropriate o the facilities of ihe itiner-
(4.56) 3
4.56.150
ant restaurant. (Prior code i 4542; or:d. ?413,
oultn7)
4ll6.1ffi ltinerant restaurautrDuration.
No itinerant rcstaurart shall operate in any loca-
tion for more than fifteen (15) days in a single
calendar year unless it complies with state health
laws and regulations and the provisions of this code
concerning rcstauants. (Prior code $ 4543; Ord.
24.13, Olnln7)
4.5i6.t 0 Mobile food vendore-Display of
name and address.
Every mobile food vendor shall cause to be
ppinted upon each vehicle his name and address.
Such information shall be inscribed in block letters
at least three (3) inches high and two (2) inches
wide. (Prior code $ 4550 Ord Ul3, OUllnT)
456.180 Mobile food vendors-
Reqnirements for food served.
Mobile food vendors shall not sell or serve any
food or food product unless it meets the following
requirements.
(a) No prepared food or food product shall be
sold or served unless it has been prepared in food
establishments which may lawfully prepare or com-
pound such foods and which comply with State
health laws and rcgulations and this code.
(b) No packaged food or food product shall be
sold or served unless it has been packaged or
wrapped in a food establishment which may lawful-
ly package or wrap such foods or food Ptoducts and
which complies with State health laws and regula-
tions and this code.
(c) No food shall be prepared excePt in mobile
food preparation units and in accordance with state
health larvs and regulations therefore and with this
code, unless specific wdttetr consent for srch prepa-
ration has been obtained from the County Health
OfEcer. (Prior code $ 4551; Ord. r4l3, OUlLn7)
456.190 Mobilefoodvendors-Restriction
of food served.
The County Health OfFrcer may restrict to certain
types the food and food ploducts which a mobile
food vendor may sell or serve where the County
Health Ofrrcer determines that the facilities of tlle
mobile food vendor's vehicle are inadequate to sel
or serve safely other foods or food producs. (Prior
code $ 4552; Ord. 2413, OUlfi?)
4116200 Mobilefoodvenilors.{oudition
of vehide and supptes.
Every mobile food vendor shall maintain his
vehicles and sore his zupplies in a clean, healthful,
sanitary rnanner. (Prior code $ 4553; Ord. 2413,
0urfi7)
4.5ffi,210 Mobilefoodveudors-Personal
cleanliress
Every food vendor, employee thereof, or oPerator
of a mobile food vending vehicle shall, when serv-
ing or handling food or food ptoducts, dress in clean
outer garments and keep his person clean. (Prior
code $ 4554; Otd. 2413, Olfiln7)
4SGZW Mobilefoodvendors-Protection
of food and utensils.
All food and food products offered and all uten-
sils used by a mobile food vendor shall be protected
from dirt, verurin, and other unsanitary influences.
Single service containers shall be used for all food
and food products, unless some other ma'rner of
service has been authodzed by the County Health
Officer. Mobile food vendors shall not display any
food or food Foduct except in or on the mobile
food vending vehicle. (Prior code $ 45551 Ord.
2413, OUllnT)
4.5,6230 Industrialcatsrfugvehicles.
In addition to those for mobile food vending
vehicles, industrial catering vehicles shall also meet
the following requirements:
(a) the interiors of all compartments used for
food or food products shall be constructed in such
nunner as both to be easily washable and to with-
stand repeated washing;
(b) all food and food product storage and display
compartErents shall have tightly frtted doors free
(4.s6) 4
45,6240 Bakery product vehicles.
In addition to the requircments for mobile food
ysnding vehicles and those in section 4.56.230 here-
i_nabove for industrial catering vehicles, bakery
product vehicles shall also IIEet the requirements
that no fruit, vegeable, mea! fish, or other food
shall be transported in any bakery product vehicle
unless such food is isolared in a comparment espe-
cially constructed therefor from all bakery products.
(Prior code $ a557; Oid. ?/113, olmn7)
45,6250 Mobile food vendor
durstiolt-Fixed position.
No mobile food vendor shall Permit his vehicle
either to remain in any one location for the purpose
of sale or display of food or food products for more
than thirty (30) minutes dwing any four (4) hour
perio4 or to retum to the same location within any
four (4) hour period. Any mobile food vending
vehicle which fails to move at least five hundred
(500) fe€t from its prior location within any four (4)
hour period shall be deemed in fixed position. Mo-
bile food vending vehicles in fixed position shall
comply with State health laws and regulations and
the provisions of this code conceming rcstauratrts.
(Prior code $ 4558; Ord. 2413,0UlW)
45,62fi Mobile food vendors-DutY to
maintain location in sanitary
condition.
While any mobile food vending vehicle is in any
location, the mobile food vendor shall have the duty
to keep such location in a neat and orderly condi-
tion. He shall pick up and dispose of in a sanitary
manner all paper, litter, garbage, and other refuse
resulting from his prcsence and activities. (Prior
code $ 4559; Ord.2413, 0lll1n7)
4.56.230
45,6.2110 Mobilefoodvendors-Toilet
facilities.
No mobile food vendor shall operate louger than
thirty (30) minutes in a single location uoless ade-
quate toilel facilities exist conveniently nearby;
provided that the County Health OfEcer may au-
thorize operation in individual cases for such longer
periods as he deems advisable. (Prior code $ 4559.5;
Ord. U,13, OUllnT)
45,62.N Cat€r€rs-Requirements for
preparation.
All food served by a caterer shall be prepared in
an establishrnent which conforms with the require-
ments imposed upon rcstaurants both by section
28520 et seq. of the Califomia Health and Safety
Code and by regulations promulgated pur$urnt
thercto whether or not such establishment constiartes
a 'testauranf' thereunder. (Prior code $ 456O; Ord.
,4.t3,0u1fi7)
4.56,In Cahrers-Transportationof .
fooil
Car€rers shall transport food only if packaged in
dust-proof containers and conveyed in vehicles in a
clean condition. (Prior code $ 4561; Ord. 213,
outfi1)
4563n Caterers-hohibition regarding
' animals.
No live animals may be transported il any vehi-
cle used by a catercr to tramport food, (Prior code
$ 4562; tu- 2Al3,0lmm)
456310 Catcrers-Temperature for
perishable foods.
Caterers shall maintain a temperah[e for perish-
able food of 45"F or below or 140"F or above, as
appropriate, until such foods are served. (Prior code
$ 4563; Ord. Ul3, OUllnT)
43,6320 Wrapping, boxing, dating, and
labdlirg on premi*s of
preparation.
Every sandwich, other than those included within
(4.s6) 5
from cracks which might admit or harbor vermin.
Such compartments shall prorcct food and food
products from extemal contaminatioa. (Prior code
g 4556; Ord. 2413, OUIW)
4.563?n
box lunches, and box lunch intended for sale, gift,
'or distribution to the public at a place other than on
the premises where preparcd shall be securely boxed
or wrapped, and labelled and dated in the establish-
ment where it is prepared. (Prior code $ 4570; Ord.
utS,oullnT
4.56330 Dating and labelitrg
requirernents for sandwiches and
box lunches.
The wrapper for every sandwich---other than
those included in box lunches---and container for
every box lunch intended for sale, gift, or distribu-
tion to the public shall bear in print thereon both the
phrase, *Day Preparcd foC' in six (6) point, botd
fiiae, upper case letters or larger and also the day of
the week on which such sandwich or box lunch was
intended to be consumed, and the name, and address
of the establishment which prepared such sandwich
or box lunch, in ten (10) Point, bold face, upper
case leften or larger. It is suf6cient for purposes of
this seaion to print'SU, MO, TU, WE, TH' F&
SA" on such sandwich or box lunch, designating the
day of intended consumption by punching, perforat-
ing, or other*ise marking in a fashion acceptable to
the County Health Offrcer the appropriate initials.
(Prior code $ 4571; Ord. 2413,OYl7n7)
4.56.A Consumption date.
No sandwich or box lunch shall be made avail-
able for consumption by the public more than Z
hours after the time that such sandwich or box lunch
has been prepared, except as provided otherwise
hereinbelow. (Prior code I 4572; . Otd. U73,
ou1fi1)
4-56350 Sandwiches and box lunches
exempt from requirements.
The following sandwiches and box lunches are
exempt from the requirements of sections 4.56.330
and 4.56.340:
(a) Sandwiches or box lunches kept reftigerated
at a temperaturc of 45"F or below in a, fu*zer or
sorage locker----other than a vending ma-
chine-located at a fixed place, from whence such
sandwiches or box lunches are sol4 given, or dis-
tributed to the public.
(b) Sandwiches or box lunches kept in and dis-
pensed from vending machines with proper refrig-
eration facilities which maintain a temperature of
45'F or below. (hior code E 4573; Otd- 2'413'
unln7)
456360 Consuruption date and code
dating of exenrPt cat€gories of
sandwic;hes and box lunches.
Sandwiches and box lunches of the categories de-
scribed in section 4.56.350 shall be prepared, and
made available, for consumption by the public only
for such lengtl of time as the County Health Of6cer
shall approve by rule or regulation. All such sand-
wiches and box lunches shall b€ar in a code ap
proved by the County Health Offrcer the date by
which such sandwich must either be consumed or
desuoyed. (kior ccdrei 457 4; M.2413, OYlnT)
4516370 Dating of foods intmded to be
heated.
Packaged foods such as meat pies, stews, T.V.
dinners, and the like which are intended to be heat-
ed and sold hot from industial catering vehicles
shall bear in a manner approved by the County
Health Offlrcer the date by which such foods are to
be consumed. (Prior code $ 4575; Ord. 213,
oultn7)
456.380 l*gibitity of ilate.
Every sandwich, box lunch, and other food to
which this chapter applies shall bear only a single
consumption date, which dare shall at all times be
maintained legible. (Prior code $ 4576; Ord. 2413,
ol.ntm)
4J6390 Re-use.
No sandwich, box lunch, or other food to which
this chapter applies shall, once having been opened,
be rewrapped or rcboxed and offered to the public.
(Prior code $ 4577; Ord. 2413:oln1n7)
(4.56) 6
4.56.&0 Yeudingmachines-.Scopeand
application.
The provisions of this chapter shall, unless other-
wise indicate4 apply only to those vending ma-
chines which either diqrnse readily perishable food
or which combine or compound bulk food ingredi-
ents into unit servings for distribution in single
service containers. Tle provisions of this chapter
shall not, unless otherwise indicated, apply to ven&
ing machines which dispense, orclusively, bottled
drinla, gurn candy, or other items found by the
County Health Officer not to be readily perishable.
(Prior code $ 4580; Ord. Ul3,OUlln7)
456.410 Vending machiues-Inspection
The County Health Officer may inspect any vend-
ing machine to which this chapter applies to deter-
mine whetter it conforms with the provisions here-
of. In connection with such inspectioq the County
Health Offrcer may rcguire the owner or operator of
a vendiag machine or their representatives to accom-
pany him on such inspection. (Prior code $ 4581;
Ord.2413,OUIW)
45,6.4n Vending machine
Advertisement of operation.
Every vending machine or, where several owned
oroperated by the sarne person, firm, or corporation
arc located contiguously, group thereof shall bear
conspicuously in two inch (2") block letters the
nanre, address, and tetephone number of the operator
thereof. (Prior code $ 4582; Ord. Ul3, OUlln?)
456.410 Food equipment--Stendards.
The County Health OfEcer shall adopt nrles and
regulations setting standards for design and sanita-
tion of food equipmenl Such standards shall incor-
porare appropriate national norms for such equip
ment. (Prior code $ 4590; Ord. 2413, OUllnT)
456.M Food equipment{
wittr standards.
No person, finn, or corporation shall install or
make use of newly installed food equipment unless
such food equipment complies with the standards
4.56.q0
therefor set by the nrles and rcgulations of the
County Health Officer. (Prior code $ 4591; Ord.
2413, Ovlfi7)
456.450 Food equipment-Ease of
maintenance.
No person, firrn, or corporation shall install or
make use of newly insalled food equipment unless
the proposed or actual location of such equipment
allows easy cleaning and maintenance both of it and
of the smounding area- (Prior code $ 4592; Ord.
ur3,0vt1n7)
(4.s6) 7
45,6,ffi Food equipment-Plans.
Where any penon, finn, or corporation intends
to constsuct, remodel, or install food equiprnent in
a rcstaurant or other food establishment or in an
itinerant restauran! he sha[ prior to such constnrc-
tion, remodeling, or imtallation, zubmit to the Coun-
ty Hedth Offrcer for his approval the following
data:
(a) Two copies ofa scale drawing showing the
proposed or actual location of the food equipment
to be coDstructe4 remodele4 or installd along
with the location of floor drains 2ad sinks.
(b) Two copies ofsuch specifications, forms, data
sheets, drawings, and sketches as arE necessary to
show that the design, rnaterials, and methods of
construction, remodeling, or installation of the food
equiprrnt meet with the standards imposed by this
chapter and by other applicable laws and regula-
tions. (Prior code $ 4593; Ord. yll3, OU1I/77)
45,6.4i10 Foodequipment-Approvalby
county health officcr.
No person, firm, or corporation may proceed to
construct, remodel, or install any food equipment
until the plans thercfore have been approved by the
County Health Officer. (Prior code g 4594; Ord-
u.13, OUttnT)
ChaPter 4.60
PLIBLIC FRESH WATER SPORTS AREAS
Sections
4.60.010
deems necessary, conduct an environmental survey
of particular fresh water sPorts areas and any
strearns, channels, drains, and the like appurtenant
thereto. The purpose of such survey shall be to
investigate the presence of hazardous chemicals,
harmful aquatic organisms, animal wastes, and other
elements immediately or cumulatively deleterious to
human health, and of sewage discharges, weed
growths, algae blooms, fecal coliform bacteriological
counts, and other conditions- (Prior code $ 4610;
Ord.24L3,0UlW7)
4.60.040 Conditions rendering areas unfit
for use.
No public fresh water sports area shall be used
for public fresh water sports activities where the
County Health Officer determines that either:
(1) there is a fecal coliform count of more than
200 organisms per 100 rnl. in twenty percent (207o)
or more of the water samples taken from any sample
station, and evideuce of human fecal contamination
exists; or
(2) sewage discharges Posing a significant danger
of contamination exist in the immediate vicinity of
the public fresh water sPorts area; or
(3) any other conditions or elements rendering
the public fresh water sports area unfit for public
fresh water sports activities have been demonstrated
to exist by the environmental survey. (Prior code $
4620; Atd. 2413, 01 I 11 /17)
4"60.050 Diseased persons.
No person afflicted with any communicable dis-
ease shall either be employed at or granted use of
public fresh water sPorts areas for so long as he is
so afflicted. Either the County Health Offtcer, the
owner or the operator of the public fresh water
sports orca may require any person suspected of
such affliction to present a written statement by a
physician declaring that such Person is free from
communicable disease. The County Health Officer
may require additional documentation by the physi-
cian where he determines the written statement to
be incomplete. (Prior code $ 4621; Ord- 2413,
0ltrlt77)
4.60.010
4.60.020
4.60.030
4.60.040
4.60.050
4.@.060
4.60.070
4.60.0E0
'?ublic fresh water sPorts
area" defrned.
'?ublic fresh water sports
activities' defined.
Environmental surveY.
Conditions rendering areas
unfit for use.
Diseased persons.
Closing and posting.
Inspection fees.
Registration.
4.60.010 '?ublic fresh water sports area"
defrned.
The term "public fresh water sPorts area" shall
mean any body of fresh water, including portions
thereof, whether owned and operated by a public
entity or by a private Person, firm or corporation, to
which members of the public are invited, upon the
payment of admission or not, for public fresh water
sports activities. lncluded within said term are riv-
ers, creeks, lakes, ponds, and lagoons excluded from
the scope of ocean water sport regulations. (Prior
code $ 4600; Ord. 2413, Ollllf77)
4.60"020 '?ublic fresh water sports
activitied' defined.
The term "public fresh water sports activities"
shall mean any activity of a recreationai nature
involving immediate physical contact between the
human body and water in a public fresh water sports
area. Said term shall include wading, swimming,
paddle boarding, skin diving, and water skiing
among other activities, but shall exclude boating and
fishing. (kior code $ 4601; Ord. ?4l3,0llll/71)
4.@.030 Environmental surveY.
The County Health Officer shall, as often as he
(4.60) I
f
4.60.060
4.CI.060 Closing and Posting.
Where he determines any public fresh water
sports area to be unfit for use within the meaning of
section 4.60.040, hereinabove, the County Health
Officer may, in his discretion. require it to close
entirely or may restrict its use and may Post, or
cause the owner or operator to Post, conspicuous
warning signs announcing its closing or restriction
of use. (Prior code $ 4622; Ord.2413,OUlfi1)
4.60.070 [nspection fees.
The owner of every public fresh water sPorts area
shall be liable to pay annually an inspection fee of
$100 to reimburse the County Hedth Officer for his
costs in enforcing the health requirements in this
chapter. (Prior code $ 4623; Ord. 2514, O&z0ng)
4.60.080 Registration.
Every owner or operator of a public fresh water
sports area shall register the fact of such ownenhip
or operation with the County Health Offrcer- Each
owner and operator of an existing public fresh water
sports area shall register it within six (6) months of
the enactrnent of this section. Every owner and
operator of a fresh water sports area which com-
mences operation at any time following the enact-
ment of this section shall register it within thtrty
(30) days of such comrnencement of operation.
(Prior code $ 4624; Ord.2514, ffilz0/?g)
(
(4.&) 2
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f Chapter 4.64
WATER SUPPLY SYSTEM
'5\ilater supply system"
deEned.
'1[Iealth hazard" defrned.
"sanitary defectC' defined.
Standards for water for
domestic use.
Prohibition of health hazards
and sanitary defec'ts.
Correction of health hazards
and sanitary defects.
Disinfection of water mains.
Direction to chlorinate or
disinfecL
Dosage for chemical
disinfection.
Dosage for chlorination.
4.64.010
supply, or allow it to be contaminated or polluted.
@ior code $ a$52; Ord.2413,0UlIn7)
4.&.W Standards for water for domestic
use.
Every person, firm, or corporation which either
owns or operates a water supply system in whole or
in part shall supply water therefrom free from con-
tamination and pollution, in compliance with the
drinking water standards setby the National Primary
Drinking Water Regulations pubiished by the United
States Environrnental Protection Agency- @ior code
g 4660; Otd. 2413, 0llLll77)
4.64.050 Prohibition of health hazards and
sanitary defects.
Every domestic water supply system shall be con-
stmcted and mainuined free from health hazards
and sanitary defects. (Prior code $ 4661; Ord.2413,
0urU77)
4.64.060 Correction of health hazards and
sanitary defects.
Where &e Counry Health Officer determines a
health hazard or sanitary defect to exist, he may
order the owner or operator of the water supply
system in which such hazard or defect occurs to
take whatever steps are deemed necessary by the
County Health Officer to insure the safety of the
water supply and the protection of the public health.
Every person, frrm, and corPoration to which such
order is directed shall immediately comply there-
with. (Prior code $ 4662; Ord.2413,0ll1ll77)
4"A.W0 Disinfection of water mains.
No person, finn" or corporation shail use any
newly constmcted water main or newly repaired
section of an existing water main to supply water
unless said person, firm, or corporation has disin-
fected it in accordance either with Standards C-601-
68 of the American Waterworks Association or with
an equivalent procedure approved by the County
Health Officer. Said new or repaired main shail be
flushed thoroughly before and after chlorination.
(Prior code $ 4663; Ord. 2413,01/11'nT
Sections:
4.64.010
4.6t.020
4.64.030
4.U.0q
4.64.050
4.@.060
4.&.010
4.64.080
4.6r.090
4.64.100
4.64.010 "\ilater supply system" defined.
The term "water supply system" shall include all
works, facilities, and the like designed, constnrcted,
or employed to collect, store, treat, or distribute
water intended for domestic use by 200 or fewer
customers. (Prior code $ 4650; Ord. 2413,0U1ffi7)
4.$.ff?fi '6IIeaIth hazard" defined.
The term "health hazard" means any condition or
practice connected with the provision of water for
domestic use which poses significant danger to the
heatth of any water consumer. Said term includes,
but is not limited to, dangers to health posed by
sanitary defects. (Prior code g 4651; Otd.2413,
0u1U77)
4.64.030 "SanitarT defects" defrned.
The term "sanitar5r defect" means any faulty
condition, whether of location, design or construc-
tion of collection facilities, Eeatment works, or
distribution works, which may regularly or occasion-
ally prevent satisfactory purification of the water
@.e) t
4.64.080
4.64.080 Direction to chlorinate or
disinfect
Every person, firm, or corporation which either
owns or operates in whole or in part a water supply
system shall, at the direction of the Counry Health
Officer, cause to be cleansed and chlorinated or
chemically disinfected any reservoir, tank, well,
spring, or pipe from which water is dispensed either
for domestic use or human consumption. (Prior code
5 4670; Ord. 2413, 0lll1,n7)
4.9.W0 Dosage for chemical disinfection.
When the purity of water in a water supply sys-
tem is maintained by means of chemical disinfec-
tion, the dosage or rates of application shall at all
time be sufficient to provide adequately disinfected
water at all points of the distribution system. The
County Heaith Offrcer may order continuous auto-
matic disinfection for any water supply, when, in his
opinion, such treatment is necessary for the protec-
tion of the public health. (Prior code $ 4671; Ord.
2413, OUttnT)
4.64.100 Dosage for chlorination.
When the purity of water supply system is main-
tained by means of continuous chlorination, the
chlorine shall be added in sufFrcient quantity to
insure the bacteriological safety of the water at all
points in the disuibution system. A free chlorine
residual shall be rnaintained at all times at chlorine
control sampling points approved by the County
Heatth Off,rcer. @ior code $ 4672: Ord. 2413,
0u1ffi1)
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f Chapter 4.68
IntenL
Definitions
Generel standard$
lVelldriller.
Mtigation of dishrrbaace at
well site.
State regulations
Fees.
Permit for the consilruction,
destruction, inactivation,
repair or conYersion of a
water well, gmthermal heat
ssehenge well or cathodic
protcctioa well
Placement of permit on job
site.
Strndards for the consEuction,
desfirrction, inactivation or
conversion of water well,
cathodic protection well or
geottermal ftsaf sschange well
Water well slabs.
lVater well sanitization"
Exclusion of contamination
Location of water rell.
Protection of commuaity
system
Log of new water well
Expiration of permit for the
construction, deshrctiotr,
inactivation or convcrsion of a
welL
Certification for building
permit
Standards for adequatc water.
Backflow prevention devicc
requiremeut for rater wells
used for agricuttunl clemicel
applications
Permit for the uE or
operation of e rell as a
domestic water supply.
Application to existing wells.
Application to existing wells
locatrd in lhe unincorporated
erea of the County lying north
of llighway 92 and west of
Ilighway 2t0.
General standuds for the
operation or u!re of a water
well as a domestic water
supply.
Monitoring standerd"
Testing requirements
Duration of permit to operate
water well as a domestic water
supply.
Right of inspection
Application for permit or
certifcate.
Fees.
Issance of permit
Veriances
Suspensioa or revocation of a
permit
H€ring and determination"
Appeals to Board of
Supervisors
Violations.
Iindings of public nuisance.
Spedd circunstances.
Wells instatled without permil
Policies, regutations and
procrcdures
Abandoned wells
Severability.
4.68r00
4.68210
4.fifr0
4.6E230
4.fi2N
4.68250
4.fE,zfi
4.fi.n0
4.6t2t0
4.6EJ90
4.68300
4"6E3r0
4.6t320
4.6t330
4.68340
4.68350
4.6t360
4.6E370
4.6t3t0
4.6t390
4.6E.400
4.6E.410
4.fi4m
Sections:
4.6t.010
4.6E.020
4.5E.030
4.5t.040
4.68.(E0
4.6E.060
4.6t.ffio
4.68.0t0
4.6t.090
4.6E.100
4.6E.110
4.6t.12t)
4"68.19)
4.6t 1'$
4.6E"150
4.6E.160
4.6t"170
4.6E.1t0
4.68"190
kicr hisqr Pric co& scctios 4700 fuo4h 473t as amdcd
by Ords" ll@.,23U,A13,271,t,n9,3W md 3l0l-
(4.68) I (Sr! fd&o C@ry 541)
WELI"S*
(e) 'Domestic water supply" Deans a system
consisting of a well, storage ank(s), reservoirs,
inrcgrated piping or otlrr related appurtenalces used
for tbe purposes of delivering potable water intended
for huoan consumption. Except as otherwise provid-
ed by this chapter, this term shall include aoy water
well, agriculnrral well, industrial well or other type
of well which is us€d io provide potable water for
hrmrn consumption.
(f) 'Dwelling mit" means a rooo or suite of two
(2) or mote rooms, which are desiped for, intended
foc or arc occupied by one family doing is cooking
therein and having only me tjrchen.
G) 'Exploratory well" means a test production
well installed for the purpose of assessing well
water quaotity and quality.
(h) *Inactive well" meals a well tbat has beea
properly secured, protected and maintained in ao
inactive ccroditioa in accordance with state requte-
ments, for a period not to exceed five years.
(i) 'teothermal lpat exchaage well" oeans any
artificial excavatioo by any mefhod for tbe purpose
of using tbe heat eash"nge capacity of the eanh for
heating and/or cooling and in which the ambieat
grouad tcryeraturc is 86 degrees Fabrenheit or less
and which uses a closed toop fluid system to prc-
veot the discharye or escape of its fluid into tbe
sr:rroumding aquifers or geologic formations. Ge+
therrd heat exch.nge wells are aho hown as
gromd souce heat pury wells. Such wells or
boreholes arc not intended to produce water or
stearl
() 'Nonrcsidential wat€r use" Eeims a potable
water sup,ply which serves tbe public in a commer-
cial setting rhrt is not subject o surface watef con-
rqminatiotr.
(k) 'Observation and mooitoring well" means
aly artificial excavation by any method fcr tbe
purpose of otnaining grormdwarcr, vadoee zone, or
other subsurface data including grormdwater levels,
grouodwater quality, and soil vapor quality. Moni-
toring wells shall cofcm with applicable Califcrrnia
Departoent of Wuer Resorces, U.S. Environmental
Protection Agency, State Deparheat of Toxic Sub-
stance Control, or tbe Regional Water Quatity Con-
(
(S.a Mr.o Cdnty 5-Or)(4.68) 2
4.68.010
4.6t.010 Int€nl
It is tbe purpose of this chapter to provide for tlre
coostructioo, conversion, inactivatioo, or destnrction
of warcr wells, geothermal heat exchange wells, and
cathodic protection wells so that the groundwarcr of
this County shell not be polluted 61 661t-min4l6d
and that water obtained Aom such wells shrlt be
adequate aad suitable for the purpose for which used
and will not jeopardize the hedth, safety or welfarc
of the people of this County. (Ord. 4023, 01R0/01)
4.6.40 Dcfinitions
The following clefinitions govern the consruction
of this chaptec
(a) ' Abadoned well" means any of the follow-
ingt
(l) A water sup,ply well which has not been used
for a period of one calendar year and has not beea
permitted as ao inactive well by the County Health
Officer.
(2) A monitoring or contamination extmctiotr
well which has not been used for a period of three
calendar years and bas not been permitted as an
inactive well by th€ CorJoty Health Officcr.
(3) A well which is in such a state of disrepan
that it cannot be oade operational for its inanded
purpos€.
(4) A test hole or exploratory boriag Z hours
after constnrction and testing wort has been com-
pleted.
(5) A cathodic protection well that is no longer
firnctional for its original purpoee.
(b) 'Agricultural well" or "stock well" mcans any
well used solely o srryply wuer for irrigation or
other agdculturd purpos€s.
(c) "Cathodic protection well" means any well
designed or used to protect pipelines, tanks, cables,
power lines and other facilities ftom corosion.
(d) 'touoty Heatth Officef means the Environ-
mental llealth Director of San Mateo Couuty or aa
authorized reprcsentative. Tbe Couty Health Offi-
cer or his or her designee shall have tbc authcity
and responsibility for the eaforcement of this chap
ter.
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(trol Boad staDdads and guidelines for the construc-
tion of moaitoring wells.
(l) '?erson" means any individual, orgeniz-ti66,
partnership, business, association, corporation or
govemmental ageucy.
(m) '?otable wate/' me.os water that cooplics
with staadards for transient noncmmunity watcr
systeurs pursuatrt to the Califcnda Safe Drinking
Water Act (Chapter 4, commencing with sectio
116275 of part l2).
(n) '?roperty line" means th legally established
linc separating oae piece of property from another
or separating a public-right-of-way from private
properties.
(o) "Sewed' means a pipe carrying wasrcwater
from any structure or a part of a community c
indiYiduat sewerage systen-
(p) "Spring" means a place wbere gmuodwater
flows naorally Aom rock or soil onto the latrd sur-
face and is not subject o surface water conalnina-
tioo
(O *Stabiliz€d water level during pumping"
means that level of water in tbe well which rcmains
constant after a period of punping ar the specitred
rate in gallons per minute prcvid€d uader sectio
4.68.190 of this chapter. Tbe required period of tine
for such pumping rnay vary at the discretion of the
Health Officer depending upoo tbe geological fac-
tors aod grormdwater recharge of the site. The mhi-
mum test period for individual docstic wells shall
be four hours after the warer level is stabilized
(r) 'Tr'el" or '\rater well" reans any artificial
excavatioa by any method fc the purpose of ex-
Eacting water ftom, or injecting water into, the
rmdergrormd This definitiou shall include agriculnr-
al wells and mooitcing and obscrvation wells. This
defiaitioo shall aot includc: (1) oil and gas wells, u
geothermal wells constructed pursua to starc law
except those wells cmverted to use as wat€r wellsi
cr (2) wells used fu the purpose of (A) Dewatering
excavatioos during constructio4 d (B) stabilizing
hillsi&s or embaDlmenB. (Ord" 4023, 01R0Ol)
4.6t.[30 General staadards.
No person shall construct, reconstruct, rcpair,
4.68.U)O
desuoy, inactivate, coovert, operate or use a walef
well, geothcrmal hcat exchange or cathodic protec-
tion well exclpt as providcd by &is chapter. (Ord.
4OZ!,0rR0/01)
46E.040 lVelldriller.
Any construction, rcconstructioo, rcpafu, destuc-
tion or couversion of a water well, geotherDal heat
sashangs or cathodic protection well shall be under-
uken by a well{riller who possesses a C-57 Water
Well Cotnctor's License as provided by state
liceasing law. (Ord. 4.4?3' 0lROlOL)
4.6t.050 Mitigation of disturbaace at well
sit€.
(a) Any disturbance at a well site for the purpos-
es of constnrction, reconsructicn, repair, destruction
or coovesio of a water well, geothermal heat ex-
change or cathodic protection well shall be limited
tO tbe minimnrn amount Of disnrrbance necessary to
gain access to drill the well and shell be io compli-
ance with any other pertinent laws ot regulations,
iocluding but not lirnit€d to grading pemit requirc-
ments, coastal development regulations, and road-
way encroach'rent permits. Diling fluids and other
&illing materials produccd or used in connection
with weU construction, destruction, or conversion
5hell a66 be allowed to discharge onto or into
strects, warerways, sensitive habit2ts, or storm
drains. Dri[ing fluids discharged onto an adjacent
propcny rcquircs the writtetr perrDission ofthe prop
erty owner. Driling fluids shall !s propErly tnan-
aged and disposed of il accordance with applicable
local, rcgional, and state requirements. tlpon com-
pleticn of tbe construction, destructioo c conversion
of the well" 69 site 5hzlt be restcred as nqu irs
possible to its criginal conditioo, and apprc,priate
erosicm coutrol measr:res shall be irplerented. Site
resto,ration is the responsibility of the property own-
er aDd must be implemented within 60 days of the
coryletioa of tbe wcll, and not mde than a year
from the da& of tb€ permit issuance. In the event a
wat€f, well shoul( a thc time of drilling, p(ove to
bave an iuadequate water supply or quality for its
intended use, it shall be closed in accordance with
(4.68) 3 (S.! lreo Corty 54D
4.68.050
rcquireneats of thc County Health Officer aod the
site shall be rcnn ed as near as possible to its origi-
nal condition. In the event a water well is testcd for
certification for a building permiC any water gercr-
ated by pumping dudng the test shall be disbursed
or disposed 6f ia l mrnner which will uot cause
exccssive erosioo.
@) In addition to the requircmats of subsection
(a) of this scction" thc well site, includiag aay exca-
vatioos aad drainage pits, shall at the time of &ill-
ing be sccrmd 96 mrinteined in such a Brrnaer as
to prcveat injury or d4mrge to pesons and rnimrls.
(c) Wells constmcted during a period wkrc win-
terization rcquircments arc ln effect, between Octo-
ber 15 aod April 15, shqll s6mply with County
grading and stormwater pollutioo prevention ma-
surcs.
(d) Mud pis shall not be installed in the &ip
zooe of any E€€. (Ord 4023, 01Bry01)
4.6E,060 State rtgulatioos
Nothing contained in this chapter shqtt be deemed
to rclease aly pe$on from compliaoce with the
provisioos of state law, including but nct lirnit€d to
atry reporting requircments uoder tbe Califonoia
Water Code. (d. 4023, 0V30/0 i)
4.68.070 Fees.
Permit fees shall be cbarged for each permit o
cover the cost of inspection aod enforcemeat punu-
aot to this chapter, in an amount to be set by resolu-
tioo of tbe Board of Supen isors. (M. ry&,
0l/30/01)
4.5E.G0 Permit for the consEuction,
destuction, iaactivation, repair
or conversion of a water well,
geothermal hcat o(.hrnge well or
cathodic protection well"
No persoo sh:ll fig, borc, decpen, rcperforate,
excavatc, construct, recmsmrct inactiyate, conver!
&stroy or rcpair aay water weU geotbermal heat
exchange well or cathodic protection well, without
6rst haviry applied for and obtained a pemit for
such actidty from tbe Courry Health officet pursu-
ant to thc provisios of this chapter. A permit grant-
ed pursuant to this chapter is valid ooly for the pro-
posed activity listed oo tbe permit application aad
solely for the sitc specified thereir. A permit ganr-
ed pursuant to this section does not authorize the
use or operation of the well as a water supply in-
tended for human cmsumption as provided by sec-
tioos 4.68.180 thougb 4.68.280 of this chaprer.
(fr. 4(}23,0l/30/01)
4.68.090 Placement of permit oD job site-
A pernit issued purs-,nt to this chapter shall be
kept available for inspection at tbe well site during
the course of aad until completiou of the construc-
tion, reconstruction, repair, destruction, in2.tivation
or conversiou of the well, and until the site has been
restored as per section 4.68.050 of this chapter.
(Ord. 4023,0lB0/01)
4.68.100 Stadsrds for the construction,
destroction, inactivation or
conversion of water well,
cathodic protec{ion wdl or
grothermrl heat exclange well
AII water wells, geotheroal hear exchange wells,
and cathodic protectioo wells shall be coustructe4
r€coostructc4 repairc4 destoye4 inactivated or
converted in accordance wfuh the suodards set by
this chaptet and by state la'r, including those regula-
tions and standards issued by tbe California Depart-
metrt of Water Resources. (Ord. 4{)Z}, 0l/30y0l)
4.68.110 lVeter well slabs.
All water wells shell be provided with a water-
tight reinforced concrcte slab 6f 1 minimrrn thigl-
ness of (6) six irches which shrll ext€nd horizontal-
ly at least two (2) feet Aom tbe well casing in all
dircctioos. The concrctc sla! 5hall be adequately
sloped to drain water rway from the well casing.
Tb tq surface of th€ slab ar irs outer edge shall be
at least four (4) incbcs above tbc surrounding
groud level. Notwitbstaading tbe provisions of
scctioo 4.68.320 ('"\/ariances'), tbe Counry Heatth
Officer may authorize altemative specifications for
such conc!rcte slab q allow an altcrnative means of
(
isr! M.n o C@ry 541)(4.68) 4
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(protecting the well wherc he finds that such alterna-
tive specifications or means provide protection to
the well equivalent to that provided under the re-
quirements of this section. (Ord. 4023, 0m0/01)
4.68.120 lVahr well sanitization
All water wells shall be provided with a plpe or
otber effective rrcans of directly introducing chlo-
rine or otkr disinfecting agents into the well. (Ord.
ryn, uBuol)
4.6t.130 Exclusion of ontamination"
All water wells shall be designed and constructed
to exclude contamination as follows:
(a) All sanitization prpes for an above surface
pnmp discharge shall extend to height equal to the
ptrry pedestal that is at least eight inches above the
finished grade. The pipe shall be kept sealed by a
threaded or equivalently secure cap.
O) All saaitization prpes for a subsurface pump
discbarge installation shall be kept sealed by a
threaded or equivalently sectue cap.
(c) All air relief vents shall terminate downward
and be screened and protected against the possibility
of contaminating material entering the vent.
(d) AX entry pipes into gravel packed sections of
a well shall be tightly cap'ped. (Ord- 4(n3,01/30/01)
4.6t.140 Location of water well
In order to prot€ct the water source and public
healtb and safety, all warcr wells sball be set back
from possible sources of pollutim aod contamina-
tion. The arnount of the setback shall depend upon
the geology, soil conditims aad topography of tbe
well site. Because of the many variables involved
in the dete,rmination of the safe horizontal distance
of a well from potentid sources of contamination
and pollution, oo ooe set of distances will be ade-
quate and reasonable for all conditims. In areas
wherc adverse cooditions exist, the distances listed
will be increased. Cmversely, where especially
favorable cmditions exist or whe,re special means
of protection, particulady in construction of the
well, ale providd lesser distaaces may be accept-
able if approved by the Comty Ilealth Officer or his
4.68.1l0
designee. The minimum setbacks, measured hfrizon-
tally from the well, shall be:
From another well
From any septic unk
From a septic tank leachfield
From a seepage pit
From a sewer line or lateral
From a prqerty line (sewered
area)
From a foperty lire (usewered
area)
From an exterior wall of a build-
ing's formdation
From a boundary line ofany
easerrEnt dedicated to or re-
senred for sanitary sewers or
wirstewater facilities as shown
on a map ap,proved by a sani-
tary disrict and placed on file
by that distict with the County
Environ ntal Health Division.
(Ord. 4023, 0ffi0/01)
50 feet
100 feet
100 feet
150 feet
50 feet
5 feet
50 feet
5 feet
50 feet
4.6t.150 hotcction of community syshm.
In tbe evexrt a well is used on a properry served
by a public wat€r system, them shell be installed
ben*reen the dwelling rrnit or stnrcturc being senred
water and the meter box or distribution system a
baclflow preventim devise ap,proved jointly by the
Couty Ilealth Officer and the Warer Superintemdent
of tbe Public Warer System- (Ord. 4023, 0m0/01)
4.68.160 Log of new water well
Any person to whom tbe County Hedth Officer
bas issued a permit to coostruct, rcpair, reconstnrct,
inactivate, convert or dcstroy a well shalt, within
sixty (60) days of tbe completion of tbe drilling,
diggings, boring or excavating authorized by such
permit, fumish theCouoty Health Officer withalog
of such well. The log sball include, but is not limit-
ed O, informatim m the type of casing, the number
and location ofthe perforations therein, th depth of
the well and soil types encountered during drilling
of tbe well, as well as any other data rcquested by
(4.68) 5 (S.! !Wr.o Cssty
'ol)
4.68.160
the Cormty Health Officer. Any person who has
earlier submitted a log for the well to the State of
California may satisfy this provision by submission
of that sare log to the County Hedth Officer. (ffi.
4023, OtR0iOT)
4.6E.170 Erpiration of permit for the
consilruction, destrrction,
inactivation or conYersion of a
well.
A permit issued pursrrrnt to section 4.68.080 for
the constnrction, reconstruction, inactivation, de-
stnrction or conversion of a water well cathodic
protection well or geothermal heat exchange well
shall expirc and become null and void if the work
authorized has not ben coryleted within one calen-
dar year following the issuaace of the permir Upon
expiration of such permiq no further work may be
done in connection with the construction, r€con-
stnrctiou, repair, destnrction, inactivation or conver-
sion of a well unless and until a new p€rmit for that
purpose is secnred in accordance with the provisions
of this chapter. (ord. 4023, 0l/30/01)
4.6E.1t0 Certification for building permil
Upon the completion of the construcdoo or con-
version of a well in compliance with th pnovisions
of this chapter, the Cormty Health Officer shall,
upon r€quest, c€rtify the well as a domestic water
sup,ply for cne to four dwelling units or for industri-
al or commercial use for the purpose of obtaining
a building permit to corEtruct a oew stnrcturc or for
tie enlargement of an existing stnrcture if the well
provides a water supply that is potable, adequate
and delivered under x minimum pressure of trreaty
(20) pounds per squarc inch during periods of maxi-
mum demand. A certification issued pursuant to this
section shall be valid only for the purposes of ob
taining a building permit aad is not and shail not be
deemed a permit to ule tr operate a well as a do-
mestic wat€r supply as may be required by sections
4.68.210 tbrougb 4.68.280. (ffi. 4023, 0m0/01)
4.68.190 Stardards for edequate water.
Fortbe purposes of this chaptcr, "adequate watet''
meatrs:
(a) For a vertical well serving a single-family
6*slling, such term shall mean a well, which pro-
duces a minimum of 2 Lt2 gallons per minute at a
stabilized water level during pumping with at least
1,250 gallons of storage.
(b) For a vertical well serving a single-family
dwelling with the second unit less than 750 squarc
feet, such term shall sleim a well which produces a
minimum of 3 gallons per minute at a stabilized
water level during pumping with at least 1,500
galions of stc,rage.
(c) For a vertical well serving two to four dwell-
ing units, such term shell mean a well which pro-
duces at tr minimum at a stabilized wuer level dur-
ing pumping:
(1) Five gallons per minute with 2,500 gallons
storage for two dwelling rmits.
(2) 7.5 gallons per minute with 3,750 gallons
storage for three dwelling units.
(3) Ten gallons per minute with 5,000 gallons
storage for four dwelling units.
(d) For a horizontal well or qpring senring a
single-family dqyslling, such term shell mean a well
or spring that produces a minimrrm flow of 2.5
gallous per minute yi1fo minimrrm storage of 1250
gallons after 30 days of observation or if dooe in
the dry perid, August I through November 30, 1.5
gallons per minute for a thirty{ay observation peri-
od and 2,000 gallons of storage.
(e) Fornonresidential uses, such term shell mean
an amount of water determined by tbe County
Health Officer in accordance with the Uuiform
Plumbing Code and water qr:ality standards issued
by &e C-alifornia Department of Health Senrices.
(Ord. 4(23, 0m0/01)
4.ffirln Bactflow prevention device
requirement for water wells used
for agriculhral clemical
applications
Agricultural well inigation systens including
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thce used for golf courses which employ chemical
feeders or injection systems shall be equiPPed with
a bacldlow prevention device approved by the
County Health Officer. (Ord.4023, 01/30/01)
{.5Er10 Permit fon the use or operafion of
a well as a dorctic vater $PPIY.
No person shell use or oPerate a well as a domes-
tic watcr sup,ply without applymg for and obtaining
a permit for such activrty from th County Health
Officer in accordance with the provisions of this
chapter" (ffi. 4023, 01/30/01)
4.fi220 Application to existing wells
The requirements of this chapter sball be applica-
ble to all new wells used or operated as a domestic
water supply. The requircments of this chapter shatl
not be applicable to wells existing on April 14,
198?, except as provided by section 4.68.230. (Ord-
4023,0180/01)
4.6EJ30 Application to exisfing wells
located in the nnin6sr1prs6l4fl
area of the County lying north of
Ilighway 92 and west of Ilighway
2t0.
The requirerrpnts of this chapter shall6s applica-
ble to all wells used or operated as a domestic water
supply which are existing at the time of the adop
tion of the ordinance codiEed in this chapter, and
are located in the unincorporated area of the County
lying north of Highway 92 ad west of Highway
280. (tu. 923,01/30/01)
4.6E,24o General standards for the
operation or use of e water well
as a domestic weter spply.
Any well used or o'perated as a domestic watfi
supply shall meet all standards of constructim under
section 4.68.100 of this chapter and shall provide
waten that is potable, adequate, and delivered under
a consistent minimrrm pressure of twenty (20)
pounds per square inch duing periods of maximum
demand and shall not be o,p€rated or used in any
mrnner that would, in the opinion of the Couty
4.68.200
Health Officer, tkeaten or harm the public health
or safety. The tcrm "adeqtrat€" shall be defined in
section 4.68.190 of this chapter. (Ord. 4U23,
0r/30/01)
4.6EJ50 Monitoring stsndard.
Any well used or operated as a domestic warer
supply shall have a uretsr installed on the well to
record tbe volume of water used. A record of such
water usage shall be submitted by the permittee to
the County Health Officer annually unless otkru/ise
requested by the Cormty Health OfEcer. (Ord. 4923,
01/3C/01)
4.fi2fi Testing requirements
Any well used or oPerated as a domestic water
supply shall be tested for water quality at the ex-
pense of the permittee upon the request of the Coun-
ty llealth OfEcer. Resulr of these tests shall be
provided to the Couaty Health Officer (H. 4023,
01R0/01)
4.ffi.I10 Duration of permit to operate
reter rell as a domestic water
suPPlY.
A permit issued purslxmt 1s this chapter for the
use or operation of a water well as a domestic water
supPly shall not expire and shall lBmrin valid pro
vided that the operation or use of the well is in
compliance with the staodards under this chapter
and state law. The permittee shall, however, Pay an
annual fee to tk Cormty Health Officer for reim-
bursemeat of tbe costs of inspection and administra-
tion of this chapter. The amormt of this annual fee
shall be set by resolutiou of the Board of Supenri-
sors. (Ord. 4ry8, 0tl3WOL)
4.6EJt0 Right of inspection"
As a condition fs the issuance of a permit uoder
this chaptcr, tbe permitee shzlt allow the County
Health Officer c,r an authorized representative to
eater the property wbe,re the well is located, upm
reasonable notice to tbe permittee, property owner
and/or occupant, between the hours of 8 am. and 6
p.m., rmless otberwise agreed by the parties, to
(4.68) 7 (S.s Maleo C@ty
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investigate, exemine and test the well and well site.
(tu- 4ry23,0m0/01)
4.68290 Applica6on for permit or
certificate.
Any person applying for a well Permit or certifi-
cate pursuant to the provisions of this chapter shall
complete an application form provided by the Coun-
ty Health Officer and furnish whatever information
the County Health Officer deems necessary regard-
ing the proposed construction, reconstntction, repair,
destnrction, inactivation, certification or operation
of that well. (Ord. 4023, 01i30/01)
4.683m Fees
Each application for a permit or certificat€ Pro
vided under &is chapter shall be accompanied by a
nonrcfimdable filing fee. The :rmount of such fee
shail be s€t by resolution of the Board of Supervi-
sors. (Ord. 4023, 01BCY01)
4.68310 Issuance of permil
A permit or certificate provided under this chap
ter shall be issued by the County Heatth Officer
within fifteen (15) working days after receip of an
appropriate and complete applicatim and payment
of the required filing fec f, in the opinion of the
Cormty Health Officer, the proposed constntction,
reconstructioo, rcpair, destruction conv€,rsion, use,
inactivation, c,peration or certification of the well
complies with the requfu€xnents of this chapter and
such action will not cause pollution or cotrtamina-
tion of water resources or in any other menner jeoP
ardize the public health, safety or welfare. (Orrd.
4023,01/30/01)
4.6t320 Variancrs
A variance fum the specific terms of this chapter
may be granted by the County Health Officer when,
due to special conditions c exceptimal circumstanc-
es of the pro[re]rq/, its location or surmundings, a
lit€ral enforcement of this cbapter wotrld rcsult in
unnecessary hardships. A variance cannot be ap
proved if it would be cmtrary to the intent of this
chapter or barm public healtb, safety u welfarc.
Applications for a variaacc shall be made in miting
and fi.led with the County Health OfEcer with the
rcquest for a permit or certificate provided by this
chapter. The County Health OfEcer shall make a
determination on the request for variance within
thirty (30) days of receiving the completed applica-
tion. (Ord. 4ry8, 0tl3U0L)
4.66330 Suspension or revocation of a
permit.
In the event any person holding a pennit for the
constnrction, rcconstnrctiono repair, destnrction, inac-
tivation, conversion or operation of a well Pur$uot
to this chapter violates the terms of the permit, this
chapter or state law, u conducts or caries oo any
use under tbat permit that is materially detrimental
to the public health, safety or welfate, the Couty
Health Officer shall revoke or suspend such permit
in accordance urith the procedr:res set forth below:
(a) Except as provided in subsection (b) of this
section, no permit issued under the provisions of
this chapter shall 6s revoked or suspended r.mtil a
hearing is held by &e County Hedth Officer.
Written notice of the hearing and inteut to revoke
or suspend the permit shatl 6s senred upon the
permiree as provided in subsection (c) of this sec-
tion.
(b) The County Hetth Officer may rcvoke or
suspeod a permit issued under this chaprcr beforc a
hearing is held ou the EurEer if, in the opirion of
the County Health Officer, the continued activity or
use under the permit constinrtes an imrnediate and
substantial threat to public bealth, safety or weHare.
(c) Wriren notice under this section shall state
the grormds forthe rcvocation or suspeasion in clear
aad concise language, and the date, time and place
for ttre bearing. Such notice shall 6p served by
registered meil s6 personal senvice on the permittee
at least ten (i0) days prior to the date set for the
hearing. (Ord. 4023, m0/Ol)
4.5t340 Hearing aad deternination
At the bearing provided under sectioo 4.68.330,
the permittee or an authsized representative sball
be given an oppornmity to be heard and present
(
(S.[ M.,ro Cillty fll)(4.68) 8
4.68.280 i
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evidence. Upon conclusion of such hearing, the
County Health Officer shall determine whether or
not the permit shall be suspended or revoked or, in
the event there is no suspension or revocatioo,
whether additional conditions Decessary to prevent
any present or future threat to the public health or
safety should be imposed. The decision of the Corm-
ty Health OfEcer shall be made in miting within
thifiy (30) days after the hearing and shall provide
the reasons for the decision. The wrinen declaration
shall be served by registered mril sr personal ser-
vice upon the permittee. (Ord. 4U23,0ll3UOl)
4.6t350 Appeals to Board of Supervisors.
Any aggrieved party may appeal the decision of
the County Health Officer resulting from the hearing
provided in section 4.68.330 to the Board of Super-
visors by filing a notice of appeal with the County
Health OfEcer on a fcrm provided by that office.
The notice of appeal must be filed within ten (10)
working days from the date of the issuance of the
County Health Officer's decision. Within thirty (30)
days of a timely filing of a notice of appeal, the
County Health Officer shall grot L the notice
together with its minutes and all other records in the
matt€r to the Board of Srrpervisors. UPon receiving
a notice of apped, record and supporting documeas
from the Cunty Heatth OfEcer, &e Board of Su-
pervisors shall set the mauer for public hearing. At
such hearing, the Board of Supervisors shall have
all the powers of the Cormry Hedth Officer under
the provisions of this chapter. Ia deciding an appeal,
the Board of Supervisors shall not hear or consider
any evidence of any kind other than the evidence
contained in the record received Aom the County
Health Officer, aor any argument on the reric of
the case other than that contained in the notice of
appeal, unless it sets the matter for a hearing de
novo before itself and gives the sare notice of
hearing that is required for hearings before the
County Health Officer under section 4.68.330. The
decision of tbe Board of Supervisors upon an aprpeal
is final and conclusive in the mauer. (Ord. 4923,
0m0/01)
4.68.340
4.58360 Violations.
Any violation of this chapter shell be a misde-
meaoor and shall be punishable as provided by the
San ldateo Couuty ffiinance Code. (Ord. 4023,
0l/30/01)
4.5t370 F-mdings of public nuisance.
Notwithstanding any otber action or penalty pro-
vided by law, any violation of this chaper shall be
deemed a public nuisance, and the County Health
Officer may cornmence actim or Proceedings for the
abatemeot, removal and/or enjoinment tbereof in any
mrnner provided by law. (ff- 4ry23, 01/3CY01)
4.683E0 Sp€cial circumstances.
Before issuing any permit under section 4.68"080
for construction of a water well or geothermal heat
gashange well, the County Health Officer may con-
sider whether the granting of the permit would result
in special sfusrrmstNoces which may present a tbreat
of harm to the healtb, safety cr welfare of persons,
watersheds, aquifers o the enviroarrBnl If the
County Health Officcr determines that special cir-
clunstances exist which may result in harm to the
health, safety or welfare of persons, watersheds,
aquifen or the environment, the Cormty Health
Officer may deny such permit or gfimt such permit
with conditions designed 16 sliminxls such threat
"Special circumstancas," for the purposes of this
section shall include but not be limited to:
(a) A well proposed in an area that is subject to
a specific and localized groundwater probleq
(b) A well intended for unusually high water
usage purposes (e.g. a well inteDded to serve a
hotel) which presents a potential of overdraught of
an aquifer. (M,. 4ry23, 01/30/01)
4.68390 Wells installed without permil
Upon determining thrt a well has been iDstalled
without the required permit or permits, the Comty
Health OfEcer may issue a cease and desist order by
certified mail, rehun receipt requestd to tbe owner
of the property where the well is located, requiring
the owner to imdiately cease use of the well and
{Sa! I'fdco Ceily 5{l)
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(4.68) e
4.6E.390
to obtain such permits as are necessary to desby
the well or legalize its use. (Ord. 4023, 01R0/01)
4.6E.400 Policies, regulations and
procedurts
The County Health Officer shall adopt policies,
regulations and procedures consistent with this chap
ter, as appropriate, to implement the provisions of
this chapter. (ord- 4ry23, olBa0u
4.6t.410 Abandoned wells
It is unlawful to maintain an abandoned well.
Any person owning propeffy npon which an aban-
doned well is located shall obtain a permit to de-
stroy or inactivate tbe well. (Ord. 4023, 01/30/01)
4.ffi.4N Severability.
If any section, subsection, paragraph, sentence
clause or phrase ofthis chapter is for reason beld o
be invalid or unconstitutional by a decision of a
court of competent jurisdiction, it shall not affect the
ssmaining portions of this chapter, including any
other section, subsection, sentence, clause or phrase
therein. (ffi. 4023, 01/30i01)
(S.! LfrE Cssty 5{l)
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{
ChaPter 4.72
BACIGLOW PREVENTION
4;72.010
within the unincorporated area of the County of San
Mateo and within those additional geographic areas
in which the County Health Officer is responsible
by municipal ordinance incorporating the provisions
hereof and contract for enforcing state statues, order,
quarantines, rules orregulations relating to backflow
prevention. (Prior code 5 4751; Ord' 2413,
Olt7ll17; Ord. 3497, 06/08/93)
4.12.0N "Cross'connection" defined'
The term "cross connection" shall have that
meaning defined in Section 7583 (e) of Title t7 of
the California Code of Regulations. To paraphrase
that definition, it is any physical connection or
iurangement between two otherwise seParate piping
systems, one of which contains potable water and
the other water unknown or questionable safety,
whereby water may flow from one system to the
other, the direction of flow depending on the pres-
sure differential beween the two systems. &ior
code $ 4760; Ord. 2413, 0ll1lt77; Ord. 3197'
06/08/93)
4.12.W Maintenance of cross'connection
Prohibited.
It shall be unlawful for any Person to have, keep,
rnaintain, install, or allow the existence of a cross-
connection. (kior code $ 4770; Ord. ?413,
0urU77)
4.72.050 Correction of cross'connections.
Any device installed for the Purpose of eliminat-
ing a cross-coonection shall conform with State law
and this Ordinance and shall be approved by and
installed under the supervision of the County Heaith
Officer or the offrcer's designated appointee.
Backflow prevention devices installed under permit
from inspected by the local building department
shall be deemed to cornply with this Ordinance.
(Prior code $ 47 1 | ; Ord. 2413, 0l / 1 L t7 7 ; Otd. 3497,
Mto8t93)
Sections:
4.12.010
4.72.020
4.72.030
4.72.W
4.72.050
1.72.060
4.72.UI0
4.72.080
4.12.D0
4.72.t00
4.72.710
4.72.120
4.72.130
hrrpose and authoritY.
Scope and aPPlication.
itCross-connection" defined.
Maintenance of cross'
connection Prohibited.
Correction of cross'
connections.
Water supply; sale of devices
or materials that maY cause
pollution.
Tests of bacldlow Prevention
devices.
Qualified testers.
Duty to maintain backflow
prevention devices.
Locat plnmbing codes.
Authority to insPect.
EnforcemenL
Sections found invalid.
4.72.010 PurPose and authoritY.
The purpose of this chapter is to establish re-
quirements for bacHlow prevention complementary
to those irnposed by the State Department of Health
under Health and Safety Code Sections 203 and 208
and embodied in Title 1? of the California Code of
Regulations, Section 7583 et seq. Health and Safety
Code Sections 450 and 452 and Section 7584 of
Title 17 of the California Code of Regulations grant
authority to the County to fulfrll the purpose of this
chapter. (Prior code $ 4750; Ord. 2413,0llltt17;
Ord. 3491,06/08/93)
4.72.020 Scope and aPPlication.
The backllow prevention requirements imposed
by sections 4.72.M0 through 4.72.130 and the fees
as set forth in San Mateo County Ordinance Code
section 5.&.070 shall apply to ail businesses, dwell-
ings, activities and piping systems of whatever sort
(4.7?) |
4.72.W
4.72.m Water supply; sale of devices or
materiab thet may cause
pollution.
No person shall advertise locally by local means,
sell, or offer for use or sale any water-treating
chemical or substance, water-using or water-op€rat-
ed equipment, mechanism or contrivance which may
cause contamination or pollution of the domestic
water supply if not equipped with an approved
backflow prevention device, unless such person
states in such advertisement or at time such sale or
offer that State law and this Ordinance may require
such device in connection with the use of such
chemical, substance, equipment, mechanism, or
contrivance. (Prior code E a772; Ord. 2413,
Olllll'17:, Ord. 3/191 , 06/0843)
4,72.070 Tests of baclflow prevention
devices
BacKlow prevention devices (double check
valves, rcduced pressure principle devices and prcs-
surc vacuum breakers) which have been iostalled to
me€t the requirements of Title l7 of the California
Code of Regulations and this Ordinance shall be
tested when initially ilstalled and at least once each
calendar year thereafter by a person authorized by
the County Health Offrcer or the officer's desigoated
appointee. Records of such tesrs shall be filed with
the Department of Health Services, Division of
Environmenta.l Health within thirry (30) days after
such tess, upon forms provided by the Division of
En vironmental Health-
Wlen a bacldlow prevention device is inspected
and has passed the testing procedure, the authorized
tester shall immediately affrx an inspection tag to
the device. When a backflow prevention device fails
the testing procedure, the authorized test€r shail
immediately afFrx a "Failed" tag device. The
"Failed" tag shall rcmain affixed until the device is
repaired or replaced, has passed the testing proce-
dure and has been afFxed with an inspection tag.
Both tags shall be purchased by the tester from the
Departrnent of Health Services, Dvision of Environ-
mental Health at a fee as set forth in San Mateo
Counry Ordinance Code, section 5.64.070. (Prior
code $ 4773; Otd. 2413, OllllllT:, Ord. 3066,
05/13/86; Ord. 3497. 06/08/93)
4.72.0W Qualified testers.
No person shall t€st and/or make reports on
backJlow prevention devices unless he or she pos-
sess a curent autiorization issued by the County
Health Offrcer or the officer's designated appointee
as follows:
(a) The County Health Offrcer or the officer's
designated appointee shall authorize any applicant
who demonstrates competence to test and make
reports on bacldlow prevention devices in compli-
ance with the requirements of Title 17 of the Cali.
fornia Code of authorization fee as set forth in San
Mateo County Ordinance Code section 5.64.070
Applicants shall demonstrate such competence by:
(1) Presenting a valid cenificate as a Backllow
Prevention Tester issued by the American Water
Works Association (AWII/A). Persons who possess
cenification/authorization by San Mateo County ro
test backflow prevention devices prior to January l,
1993, shall be exempt from this requirement.
(2) Lhdertaking an oral examination administered
by the County Health Offlrcer or the officer's desig-
nated appointee. Any such cenificate holder may be
required to undergo additional training, reexamina-
tion, other demonstration of competency or any
combination thereof, as may be deemed necessary
by the County Health Officer or the officer's desig-
nated appointee.
(b) A tester's aurhorization may be suspended or
revoked at any time if the Counry Healrh Officer or
the ofFrcer's designated appointee derermines that
the tester's actions may constitute a threat to public
health and safety. The tester shall be given notice
of such action and shall be given the oppornmiry of
a hearing in front of the County Health Olfrcer or
the officer's designared appointee. Such hearing may
be requested within ten (10) working days from the
date of notification of the intended suspension or
revocation of the authorization. The Foundation for
Cross Connection Control and Hydraulic Research
shall be informed of all authorization revocations.
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(4.72) 2
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f The Department of Health Services, Division of
Environmental Hedth shall maintain a curent list
of names and business addresses of all authorized
testers and of all testers whose certifi-
carcJauthorization have been suspended or revoked.
Any lester may be required to undergo additional
training, reexamination, other demonstration of
competency, or any combination thereof, as may be
deemed necessary by the County Health Officer or
the offrcer's designated appointee.
(c) Authorization may be renewed by payment
of the annual authorization fee on the frst month
that the authorization was originally issued. Proof
of AWWA recertification shall be submitted to the
County Health Officer or the officer's designated
appointee every tfuee years. (Prior code i 4714;
Ord. 24 I 3, 0t | 1 lt71 ;Ord. 25 14, 612017 8; Ord. 3066,
05 I 13 186; Ord. 3497, 06/08/93)
4.72.090 DutY to maintain bacldow
prevention devices.
It shall be unlawful to use any backflow preven-
tion device required by Title 17 of the California
Code of Regulations and this ordinance unless it is
in good repair. Devices which are defective shall be
repaired and tested immediately upon first use. A
report thereof shatl be filed with the Department of
Health sen'ices, Division of Environmental Health
within thirry (30) days after such test. (Prior code
i 4175; Ord. 2413, 0llll/77; Otd. A97,06/08/93)
4.72.100 Local plumbing codes.
Nothing in this chapter shall exempt any Person
from compliance with applicable requirements of the
local Plumbing Codes. (Prior code $ 4776; A:.d-
24t3,}Ufln7)
4.12.110 AuthoritY to insPect.
All facilities shall be available for inspection by
the Health Offrcer or the officer's designated ap-
pointee to determine if protection of the public
water supply is required. The frequency of inspec-
tion shall be determined by the degree of hazard. A
fee for these inspections shall be charged as set
4.72.080
forth in San Mateo County Ordinance Code, section
5.&.W0. (Prior code $ 4777;Otd.3497'C6108193)
4.12"120 Enforcemenl
The Health Offrcer or the offtcer's designated ap
pointee shall have the authority to enforce this ordi-
nance.
(l) The Heatth Officer or the offrcer's designated
appointee may require a water purveyor to discon-
tinue water service to any premises wherein viola-
tions of this ordinance exist.
(2) Any person who violates any of the provi-
sions of this ordinance, or later bypasses or renders
inoperative any bacldlow prevention device installed
under the provisions of this ordinance may, in addi-
tion to other penalties prescribed, be subject to
discontinuance of water service. Water service shall
not again be reinstated until such violations have
been corrected as ascertained by the County Health
Offrcer or the officer's designated appointee.
(3) Any person who violates any provisions of
this Ordinance shall be guilry of an infraction, Pun-
ishable by:
(a) A fine not exceeding fifty ($50) dollars for
a frst violation.
(b) A fine not exceeding one hundred ($1001
dollars for a second violation.
(c) A fine not exceeding two hundred fifty dol-
lars ($250) for each additional violation within one
(1) year.
Each day that a violation exists shall constitute
a separate and distinct offense.
(4) The Counry Health Officer or the officer's
designee is hereby authorized to institute and pur-
sue, in the name of the Counfy, pursuant to the
provisions of section 25132 of the Government
Code enforcement of the infractions before Court.
(Prior code $ 4778; Ord. 3497,06/08/93)
4.72"1fi Sections found invalid.
If any provision, clause, section, sentence or para-
graph of this ordinance or the application thereof to
any person or circumstances shall be held invalid,
such validity shall not affect the other provisions of
this ordinance which can be given effect without the
(4.72) 3
4.72.t30
invalid provision or application, and to this end the
provisions of this section are declared to be sever-
able. (kior code $ 4779; Ord. 3497, OilAglg3)
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{Chapter 4.76
CIIEMICAL TOILETS
Conformity with standards.
Location.
Identification.
Size.
Privacy and protection from
the elements.
Walls and ceilings.
Illumination.
Ventilation.
Storage tanks.
Toilet seats.
Drop tubes.
Distance from edge.
Urinals.
Toilet paper.
Maintenance.
Tank chernicals.
Sewage disposal.
Yariation from standards.
4.76.010
4.76.040 Size.
Every structure housing a chemical toilet shall be
suffrciently large to provide adequate space for
users. The minimum width and depth of such struc-
tures shall be 3 feet 6 inches. (Prior code $ 4812;
Ard.24t3,0UlW1)
4.?6.050 Privacy and protection from the
elements
Every structure housing a chemical toilet shall
afford privacy to users thereof and protection from
the elements. It shall be constructed to exclude
therefrom all rodents, insects, and vermin of whatev-
er sort. All openings of the structure to the outside
shall be enclosed with metal mosquito screening.
The door shall be constmcted as to be self-closing.
(Prior code $ 4813; Ord. 2413,01111171)
4.76"0fi \{alls 3nd ssitings.
The walls and ceilings of the structure shall be
reasonably smooth and well painted in a light color
and be capable of withstanding repeated washing
and scnrbbing. @ior code $ 4814; Ord. 2413'
olnu77)
4.76.W0 Illumination.
Every structure housing a chemical toilet shall
have a vent or window to provide light during day-
light hours. Every stnlcture intended for use at night
shall have provision for artifrcial light therein. (Prior
code $ 4815; Ord. 2413, AUlln7)
4.75.080 Ventilation.
Every structure housing a chemical toilet shall be
adequately ventilated. Ventilation openings shali
comprise at least four (4) square feet and shatl be
screened with 16-mesh screen or its equivalent.
(Prior code $ 4816; Ord. 2413,0lllll77)
4.76.090 Storage tanks.
Chemical toilet storage tanks shall be enclosed
within the structure, properly vented, watertight, and
in good repair. (kior code $ 4817; Ord. 2413,
oUr1t77)
Sections:
4.76.010
4.76.020
4.76.030
4.16.W
4.76.050
4.76.0fi
4.76.070
4.76.080
4.76.090
4.76.100
4.76.110
4.16.t20
4.76.t30
4.76Jq
4"76.150
4.76.tffi
4.76.t10
4.76.180
4.76.010 Conformity with statrdards-
No chemical toilet or stnrcture therefor shall be
erected, constntcted, or maintained for use unless it
conforms with the standards prescribed by this chap-
ter. (Prior code $ +800; Ord. 2413,0lllll17)
4.76.020 Location.
A chemical toilet shall be located at least four (4)
feet from a property line, at least twenty (20) feet
from the nearest occupied residence, and at least ten
(10) feet from a street or public sidewalk- @ior
code $ 4810; Ord. 2413,0U1W7)
4.76.030 ldentification.
Every stnrcture housing a chemical toilet shall
have painted thereon in clearly legible letters at least
three (3) inches in height the name of the owner and
the number of the unit. @rior code $ 4811; Ord.
7413,0vnn7)
{4.76) |
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4.76.rffi
4.76.100 Toilet seats.
The toilet seat shall be a commercial, split-front
type, oval in shape with a smooth, impervious sur-
face, and installed as to be easily cleaned. The seat
shall be centered over the hole to prevent the depo-
sition of fecal matter on sides of the drop nrbe.
(Prior code $ 4818; Ord. 2413, OUIWT)
4.76.110 Drop tubes.
Every drop tube shall have sides installed verti-
cally or flared out at the connection to the storage
tank. Every drop nrbe shall follow the shape of the
toilet seat and fit smoothly into the top of ttrc tark
enclosurc. It shall have a norrcorrosive surface.
Therc shall be no cracks or rough edges around this
opening or in the entire bench. Circular openings
shall be permitted only if their diameter is at least
equal to the largest dinrension of the toilet seat
opening. (Prior code E 4819; M.2413,0Ulln7)
4.76.tN lxstence from edge.
No chemical toilet opening shall be more than
two (21 inches from the front wall of the tank
enclosure. (Priorcode $ 4820; M.24l3,0Unn7)
4.76J34 Urinals.
Every struchre housing a chemical toilet inrcnded
for rnale use shall also contain a urinal located at
least trrenty (204) inches from the toilet seat open-
ing. The urinal shall be made from durable, noncor-
rosive, impervious materid frnished with smooth
surfaces and proper slopes so that it is easily
cleaned and readily drains. A splash board of similar
material at least eight inches (81 higher than the
overflow rim shall be provided. Hoses or pipes used
to drain urinals shall be a minimum of one inch (1")
inside diameter, shall be securely anache{ and shall
be constnrcted of a noncorrosive, watertight, easily
cleanable material. The urinal shall be designed to
minimize splashing. (Prior code $ 4821; Otd.2413,
outw)
4.16.1fi Toilet paper.
Every structure housing a chemical toilet shall
have a toilet paper dispenser which must at all times
be supplied with toilet paper in a quantity sufficient
for the normal use of the toilet. (Prior code $ 4822;
Ord. 2413, 0llltn7)
4.76.150 Maintenance.
A chemical toilet shall be kept clean and in good
repair at all times. The interior of the stnrcnre and
tanks shall be cleaned upon installation, at least
once a week while the units are in use, more fre-
quently when necessary to maintain them in a clean
and odor-free condition. The units shall be repainted
when necessary. (Prior code $ 4823; M. 2413,
iltrfi7)
4.76.1fi Tank chemicsls.
After each cleaning, there shall be placed in the
tank a solution of a type which effectively controls
odors. lVhen initially filled, and at all times when
in use, the tank shall contain sufficient solution to
cover all solids accumulated and to prevent fly
breeding. (Prior code $ 4824; Ord.2413,0Ulln7)
4.76.170 Sewage disposal.
Sewage from chemical toilets shall be disposed
of only in a sanitary sewer system approved by the
County Hedth Officer and the legal entity responsi-
ble for the sanitary sewers. (Prior code $ 4825; Ord.
2413, OUttnT)
4.76.1E0 Variation from standards.
The Counry Health Offrcer may authorize vaxta-
tions from the standards prescribed by this chapter
where he finds a proposed variation to provide
sanitary protection equivalent to that required by
such standards. (Prior code $ 4830; Ord. 2413,
0uttn7)
(4.76\ 2
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ChaPter 4.t0
RODENT AND INSECT CONTROL
4.80.010
often as is neccssary to prevent the breeding or
habitation of flies and shall be disposed of in a
manner satisfactory to the Health Offtcer. Every
building, lot, prcmises, vehicle, or other place shall
be cleaned and insecticides sprayed thercin in a
manner and with a frequency satisfactory to the
Health Offrcer. (Prior cde $ 4852; Ord- 2413,
oufin7)
4.80.U0 Additionsl prohibition regarding
mosquitoes
No person shall permit the accumulation in or
under any building, lot, premises, vehicle or other
place over which he has ownership or control of any
stagunt pool of water or other breeding sources for
mosquitoes. Such sources shall either be eliminated
by draining, or filting, or treated with appropriate
chemicals or biologicd control agents in a manner
and with a frequency satisfactory to the County
Hedth Officer. (Prior code $ 4853; Ond. 213,
outtn7)
4.E0.050 Definition.
"Rodent-proof' means constructed and maintained
in a manner preventing the entrance and harboring
of rodents. Among the characteristics of such con-
stnrction and maintenance are the following:
(a) Open spaces not wider than one-fourth (l/4)
inch around doors and windows to prevent the pas-
sage of rodents.
(b) Exterior openings of buildings or structures,
such as louver vents and ventilation systems, cov-
ered with corrosion rcsistant wire mesh, the area of
each opening of which is no more than one-fourth
(1/a) of one (1) square inch. (Prior code $ 4860;
Ord.2413,0Unn7)
4.80.060 Stmctures s6ar^ining food for
human or enimal consumption.
AII commercial or industrial buildings, structures
or portions thercof which are used for the manu-
facture, preparation, storage, handling, sale or dis-
play of any food or food products for human or
animal consumption shall be of rodent-proof con-
stnrction. The County Health Officer shall determine
4.80.010
4.t0.020
4.80.030
4.80.M0
4.80.050
4.80.060
4.80.070
Prohibition.
Additional prohibition
regarding rodents.
Additional prohibition
regarding f,ies.
Additional prohibition
regarding mmquitoes.
Definition.
Struchres containing food for
hUman 6j enimal
consumption.
Enforcement
4.t0.010 hohibition
No person shall occupy, maintain, orallow others
to occupy or maintain, any building, lot, premises,
vehicle or other place over which he has ownership
or control, in a condition which permits the brceding
or harboring of rodents, flies, fleas, lice, mosquitoes,
coclaoaches, ticks, bedbugs, or other vermin. (Prior
code $ 4850; Ord. 2413,OUlln7)
4.t0.02O Additional prohibition regaraing
rodents.
No person shall permit the rccumulation in any
building, lot, prcmises, vehicle, or other place over
which he has ovrnership or control of any material
that might serve to harbor rodents unless such mate-
rial is elevated not less than eighteen inches (18'J
above the floor or ground with a clear interveuing
space thereunder. (Prior code $ 4851; Ord. 2413,
utrwT)
4.80.030 Additional prohibition regarding
flies.
No person shall permit the accumulation in any
building, lot, premises, vehicle, or other place over
which he has ownership or control of any fly-breed-
ing material. Such materials shall be removed so
(4.80) 1
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4.80.060
if such rodent-proofing is adequate to prevent rcdent
infestation and if rodent infestation exists or is likely
to occur. (Prior code $ 4861; Ord. 2413, 0lllll77:'
Ord. 3113,06116181)
4m.ffi0 Enforcement
Whenever the County Health Officer upon in-
spection finds a violation of any of the provisions
of this chapter, he shall notify in writing the owner,
his agan! or the tenant, occupant, or possessor of
the building, lot, premises, vehicle, or other place of
the specific conditions constituting such violation
and shall indicate the specific Ereasures necessary
to abate said conditions. (Prior code S 4870; Ord.
2413,0lllll77: catchline editorially @ 0O+1
(4.80) 2
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Sections:
Chapter 4.84
II{DTVIDUAL SEWAGE DISPIOSAL
SYSTEMS
4.84.010
systems granted an exemption to the prohibition
contained in rcsolution 7G7 of the California Re-
gional Water Quality Control Board, San Francisco
Bay Region, dated Aprit 20, 1976, which pertains
to the Emerald Lake Hills arca and Oak Knoll Man-
or area of San Mateo County. (Prior code $ 4891;
Ord.2715, l?/23l80)
4.84.030 hohibition
It shall be unlawful for any person, whether as
principal, servant, agent or employee, to own or
operate an individual sewage disposal system for
which a cunent certificate of inspection is not in
effect. This prohibition shall not aPPly to septic tank
systems referred to in the last paragraph of section
4.U.OZA until March l, 1981. (Prior code $ 4892;
ard'.2715, r?t23t80)
4.84.040 Regulations.
The Health Officer is authorized to issue regula-
tions providing guidelines and criteria to carry out
the purposes of this chapter. Such regulations shall
be approved by the Board of Supervisors prior to
their effective date. The Health Ofhcer is authorized
to waive any particular rcquirement imposed by
such regulations if he determines that equivalence
in performance is attained despite non-compliance
with said regulations. (Prior code $ a893; Ord.
2715, t2n3/80\
4.E4.050 Enforcemenl
It shall be the duty of the Health Officer or his
duly authorized representative to enforce the provi-
sions of this chapter and the regulations issued
thereunder. (Prior code $ 489a; Ord. 2715,
ru23t80)
4.84.060 Appeats.
If the property owner of record of an individual
sewage disposal system is dissatisfied with any
action or determination of the Health Officer Pursu-
ant to this chapter, he shall have the right to appeal
to the County Hearing Officer, in writing, within ten
days after notification of the action of the Health
Officer. Upon receipt of said appeal, the County
4.E4.090
4.E4.100
4.t4.110
4.U.120
4.t4.130
hrpose.
Applicability.
kohibition"
Regulations
Enforcement
Appeals
"Ileelth ofEer" defined.
"Individual servage dispossl
systemt'dcfined-
'?ersot''defined.
Certificde of inspection
Triennid inspection and
tcnewal.
Defective sySems
Revocation of ctrtificate of
inspection.
4.t4.010 hrposc.
The provisions of this chapter ale intended to
insure that the continued disposd of sewage within
a developed building site shall be accomplished in
a safe and sanitary nmnner in order to Protect the
public health, safety and welfare. (Prior code $
4890; Orrd. n$,IAZYSO)
4.U.U20 ApplicabilitY.
This chapter is applicable to all individual sewage
disposal systems which are constructed after the
effective date of this ordinance, except:
a) any sewage disposal system for which a
permit was issued prior to the effective date of this
chapter pursuant to the provisions of sections 8500
through 8508 of this code; or
b) any individual sewage disposal system main-
tained by a public entity under and in accordance
with rcgulations satisfactory to the Health Officer.
Notwithstanding the preceding provisions of this
section, this chapter is applicable to all septic tank
(4.84) l
4.84.010
4-8{,.t20
4.84.030
4.84.040
4.t4.60
4.t4.06{)
4.U.W0
4.t4.0t0
I
t
I
4.84.060
Hearing Officer shall set a hearing within fifteen
days. The appellant shall be given notice thereof, at
the address shown on the appeal, by registered or
certified mail. At the conclusion of the hearing, the
County Hearing Officer shall render a decision
which shall be final. (Prior code $ 4895; Ord.2715,
r?/23t80)
4.U.MO 'llleahh officed'defined.
The term "Health Officet'' nreans the San Mateo
County Health Officer or his authorized rcpresenta-
tive. (Prior code $ 4900; Ord. 2715,1U23180)
4.t4.0t0 trIndividual sewage disposal
system" defind.
The term "individual sewage disposal system"
means and includes any system of piping, treatment
devices or other facilities (excluding chemicd toi-
lets) that stores, conveys, treats or disposes of sew-
age which is discharged into other than a public
sewer system. A septic tank system is included in
this definition of an individual sewage disposal
system. (Prior code $ 4901; Ord. 2715,l2r23l80)
4.t4.00 '?ersot''defined.
The term "person" shall include any person, firrrl
association, corporation or any rnembers, agents or
employees of the forcgoing. (Prior code 5 4902;
otrjd. nts, ta23/8o)
4.E4.100 Certificate of inspec'tion.
Following the completion of an fudividual sewage
disposal system in accordance with the provisions
of sections 8500 through 8508 of this code and
payment of the norrnal septic ank permit fees, a
certificate of inspection shall be issued by the
Health Officer. The certificate of inspection shall be
valid for three (3) years.
The preceding provisions of this section shall not
apply to septic tank systems granted an exemption
to the prohibition contained in rcsolution 767 of the
California Regional Water Quality Control Board,
San Francisco Bay Regron, dated April 20, 1976,
which pertains to the Emerald I-ake Hills area and
Oak Knoll Manor area of San Mateo County. The
owners of those septic tank systems must furnish
one of the following to the Health Officer no later
than March 1, 1981:
a) Proof that the septic tank has been pumped
by a licensed septic tank pumper within the tfuee (3)
year period immediately preceding March 1, 1981;
or
b) Proof satisfactory to the Health OfFrcer that
such pumping is not necessary for the protection of
public health, safety and welfare.
Upon receipt of the necessary proof, a certificate
of inspection shall be issued by the Health Of6cer.
The certificate of inspection shall be valid for three
(3) years. (Prior code $ 4910; Ord. 2715,lA23l8A)
4.E4.110 ltiennid inspection and renewd.
Every individual sewage disposal system shall be
subject to a triennial inspcction by the Health Offi-
cer to assue its continued proper functioning and
for the purpose of renewing the certificate of inspec-
tion. The Health Officer shall renew a certificate of
inspection for a threc (3) year perid when the
following conditions have been met:
a) A rcport of inspection of the individual dis-
posal system by the Health OfEcer indicates that the
system is operating in a satisfactory manner.
b) Proof of septic tank pumping by a licensed
septic tank pumper is submitted, when such pump
ing is rcquired by the report of the Health Offrcer.
c) Proof of repairs or alterations to an individual
sewage disposal system is submitted, when such
repairs have been required by the report of the
Health Officer.
d) Payment of a $50.00 renewal fee is made to
the County Health Departrnent. (Prior code $ 4911;
Ord.2715, lA23,lSO)
4.UIn Defective systems.
Following the triennial inspection covered above,
if an individual sewage disposal system is found to
be defective, the prior Certificate of Inspection may
be extended for a period not to exceed six (6)
months beyond its normal expiration date, provided
that corrective measures as recofilmended by the
(4.U) 2
I(
I
4.U.120
Health Offrcer are being undertaken. (Prior code $
4912; Ord. 27 15, l2r23l80)
4.84.130 Revocation of certificate of
inspection.
The Health OfFrcer may revoke any certificate
issued hercunder if he determines that the individual
sewage disposal system does not comply with the
provisions of this code, any rcgulations issued there-
under, or the conditions of the certificate. (Prior
code $ 4913; Ord. 2715,lznY$O)
(4.84) 3
!
l
I
I
ChaPter 4.92
STORAGE OF TIAZARDOUS ST'BSTANCES
Sections:
4.92.010
Continuing violations.
Concrcalmenl
Civil pendties
Administrative enforcement
POwers.
Requirements not exclusive.
Disclaimer of liability.
Regulations.
Conflict with other laws.
Severability.
4.922s0
4.922ffi
4.92.270
4.92.?80
4.92.290
4.92.N0
4.92370
4.92320
4.92330
4.v2.0t0
4.92.020
4.92.0N
4.yz.W
4.92.050
4.92.W
4.92.W0
4.92.080
4.92.t90
4.9.100
4.yz.tlo
4.92.t20
4.v2.tn
4.92.14
4.92.150
4.v2.1ffi
4.92.t70
4.92.1E0
4.92.t90
4.92.200
4.92.2t0
4.92220
4.92.?30
4.92.24
Purpose.
General obligatiorSafetY
and care.
Specific obligation
Definitions.
Ma&rials regulated.
Containment of hazardous
matcrials.
New underiround storage
faci[ties.
Other underground storage
facilities.
Variance.
Abeudoned underground
storage tenks"
Unauthorized releases-
Reporting and recording
requirements and recording
requirements.
Unauthorized
releases-Repairs.
Unauthorized releases-
Cleanup responsibitity.
hrblic participation.
Unauthorized neleascs-
IndemniEcation
Ilandling emergency
procedures
and access.
Inspections and records-
Authority.
Inspections
Maintenance of records.
Requirement for permit
Required information for
permit application.
Approvd of permit
Fees for permit
Criminal penalties.
1.92.010 hrrpose.
The purpose of &is chapter is the protection of
health, life, resources, and Property through preven-
tion and control of unauthorized discharges of haz-
ardous materials in underground storage tanks. (Pri-
or code $ a971; Ord. 2865, LA}OB3)
4.y2.020 Generd obligation-Safety and
crre.
(a) No p€rson, firm or corporation shall cause,
suffer, or permit the storage of hazardous rnaterials:
L In a manner which violates a provision of this
chapter or any other local, federal, or state statute,
code, rule or rcgulation relating to hazardous materi-
als; or
2. In a manner which causes an unauthorized
discharge of hazardous materials or Poses a signifi-
cant risk of such unauthorized discharge.
(b) The Health Offrcer shall have discretion to
exempt an application from any specifrc requirement
of this chapter, other than the requirement for sec-
ondary containment in underground storage facili-
ties. (Priorcode $ 4971.1; Ord.2865, 12120183:Ord.
3687, 7lll4l95)
4.92.030 Specific obligation.
(a) Any percon, firm, orcorporation which stores
any material rcgulated by section 4.92.050 which is
not excluded by other sections of this chapter shall
obtain and keep current a Hazardous Materids Stor-
age Permit.
(b) All such hazardous materials shall be con-
tained in conformity with sections 4.92.060 to
(4.e2) |
I
4.92.030
4.92.080 of this chapter. (Prior code $ 4971.2; Qtd.
2865,1z20ft3)
4.92.W Defrnitions.
Unless otherwise expressly stated, whenever used
in this chapter, the following terms shall have the
meanings set forth below:
(a) Abandoned, when rcfening to a storage facili-
ty, rneans out of service and not safeguarded in
compliance with this chapter.
(b) Facility means any one, or combination of,
underground storage tanks used by a single business
entity at a single location or site.
(c) Hazardous Material or Substance means any
material which is subject to regulation pursuant to
section 492.050 of this chapter. A mixture shall be
deemed to be a hazardous material or substance if
it is a waste and contains any material rcgulated
pursuant to section 4.92.050 of this chapter.
(d) Officer nrcans the Counry Health Officer or
any designee of such employee.
(e) Permit Quantity Umit means the maximum
amount of hazardous material that can be stored in
a storage faciliry. Separate permit quantity limits
will be set for each storage facility for which a
permit is obtained in accordance with the require-
ments of this chapter.
(f) This section not currently in use.
(g) Owner means the owner of an underground
storage tank or facility.
(h) Operator ilpans the operator of an under-
ground storage tank or facility.
(i) Person rneans an individual, trust, firrn" joint
stock company, corporation, including a government
corporation, partnership, and association. Person also
includes any clty, County, district" the State, or any
departrnent or agency thereof.
0) Pipe means any pipeline or system of pipe-
lines which is used in connection with the storage
of hazardous substances and which are not intended
to transport hazardous substances in interstate or
intrastate comnrcrce or to transfer hazardous materi-
als in bulk to or from a marine vessel.
(k) Primary containment mqrns the first level of
containment, i.e., the inside portion of that container
which comes into immediate contact on its inner
surface with the hazardous material being contained.
(l) Product-Tight rneans impenrious to the suF
stance which is contained, or is to be contained, so
as to prevent the seepage of the substance from the
primary containment. To be product-tight, the tank
shall not be subject to physical or chemical deterio-
ration by the substance which it contains over the
useful life of the tank.
(m) Secondary Containment means the level of
containrnent external to and separate from the pri-
mary containment.
(n) Single-Walled means constnrction with walls
made of but one thickness of material. Laminated,
coate4 or clad materials shall be considered as
single-walled.
(o) Special lnspectors nreans a professional engi-
neer registered pursuant to Business and Profession-
al Code, who is qualified to attest, at a minimum,
to stnrctural soundness, seismic safety, the compati-
bility of construction materials with contents, cath-
odic protection, and the rnechanical compatibility of
the stnrctural elements.
(p) Substantially beneath the surface of the
ground means that at least 10 percent of the under-
ground tank system volume, including the volume
of any connected piping, is below the ground sur-
face or enclosed below earthen materials.
(q) Storage or Store nreans the containment,
handling or treatment of hazardous substances,
either on a temporary basis or for a period of years.
Storage or store does not rnean the storage of haz-
ardous wast€s in an underground storage tank if the
person operating the tank has been issued a hazard-
ous waste facilities permit.
(r) Unauthorized Release means any release or
emission of any hazardous substance which does not
conform to the provisions of this chapter, unless this
release is authorized by the State Water Resources
Control Board pursuant to division 7 (commencing
with section 13000) of the Water Code.
(s) Underground Storage Facility means any one
or combination of tanks, including pipes connected
thereto, which is used for the storage of hazardous
(4.92) 2
\
I
substances and which is substantially or totally
beneath the surface of the ground.
(t) Underground storage tanks means any one or
combination of tanks, including pipes connected
thereto, which is used for the storage of hazardous
substances and which is substantially or totally
beneath the surface ofthe ground. For the purposes
of permining, monitoring and surveillance, "IJnder-
ground storage tank" does not include the following:
(l) A tank with capacity of 1,100 gallons or less
which is located on a farm and which stores motor
vehicle fuel used primarily for agricultural purposes
and not for rcsale.
(2) A tank which is located on a farm or at the
rcsidence of a persons, which has a capacity of
1,100 gallons or less, and which stores honrc heat-
ing oil for consumptive use on the premises where
stored. A tank which is no longer used to store
home heating oil on a farm or residence, or motor
vehicle fuel on a farm is not exempt from tank
closure, rclease reporting and initial abatenrent, or
corrective action requircments.
(u) Board ilEans the StateWaterResources Con-
trol Board. Regional board means a California re-
gonal water quality control board.
(v) SMCEH means San Mateo County Environ-
mental Health Division. (Prior code $ a971.3; Ord.
2865, 12120183; Ord. 3687, llll#gs)
4.92.050 Matcrials regulated.
Hazardous materials shall be regulated by this
chapter. "flazend6g5 materials" npans all of the
following liquid and solid substances, unless the
California Environmental Protection Agency
(CayEPA), in consultation with the State Water
Resources Control Board, determines the substance
could not adversely affect the quality of waters of
the state:
(l) Petroleum.
(2) Substances on the list prepared by the Direc-
tor of the Department of lndustrial Relations pursu-
ant to sectioo 6382 of the I-abor Code.
(3) Hazardous substances, as defined in section
25316 of the Health and Safety Code.
4.92.W
(4) Any material which is classified by the Na-
tional Fire Protection Association (NFPA) as a
flammable liquid, a class II combustible liquid, or
a class III-A combustible liquid.
(5) The comprehensive master list of hazardous
materials compiled by the CayEPA pursuant to
Hedth and Safery Code section 25281.
(6) Any materid which has been determined to
be hazardous based on any appraisal or assessment
by or on behdf of the party storing the material in
compliance with the requirements of the Federal
EPA or CayEPA or which should have been, but
was not, determined to be hazardous due to the
deliberate failure of the party storing the material to
comply with the rcquirements of the Federal EPA
and/or CaYEPA.
(7) Any material which has been determined
through testing or other objective means, to be
likely to create a significant potential or actual haz-
ard to public h€alth, safety or welfare. This subsec-
tion shall not establish a requirement to test for the
purposes of this chapter. (Prior code i a972; Qrd.
2865, LU20l83; Ord. 3687, 11114195: Ofi. 3737,
9tut96)
4.92.0ffi Containment of hazardous
materials.
(a) No person, firm or corporation shall store any
hazardous materials in underground storage tanks
regulated by this chapter until a permit or approval
has been issued pursuant to this chapter and to
Chapter 6.75 of the Health and Safety Code and the
Chapter 18, Title 23 regulations. No permit or aF
proval shall be granted pursuant to this chapter
unless perrnit applicant demonstrates to the satisfac-
tion of SMCEH by the submission of appropriate
plans and other information, that the design and
construction of the storage facility will result in a
suitable manner of storage for the hazardous materi-
al or materials to be contained therein.
(b) All installation, constnrctiorL repair or modifi-
cation. closure, and removal shall be to the satisfac-
tion of SMCEH which shall have the discretion to
impose reasonable additional or different require-
ments in order to better secure the purpose and
(4.92) 3
genera.l obligation of this chapter for protection of
public health, safety, and welfarc. (Prior code $
4973; Ord. 2865, l2l2Ol83; Ord. 36E7, 1l/14195:'
Crld. 3737,9t24196)
(c) A means of overfill protection for any prima-
ry tank, including an overfill prevention devict or
an attention-getting high level alarm, or both shall
be provided. Primary tank filling operations of un-
derground storage tanks containing motor vehicle
fuels which are visually monitored and contolled by
a facility operuor satisfy the rcquircments of this
paragraph.
(d) Differcnt substances thal in combination may
cause a frre or explosion, or the production of flam-
mable, toxic, or poisonous gas, or thc deterioration
of a primary or secondary conbiner, shall be sepa-
ratcd in both the primary and sccondary containment
so as to avoid potential intermixing.
(e) If water could enter into the secondary con-
tainment by precipitation or infiltration, the facility
shall contain a means of removing the wat€r by the
owner or operalor. This removal sysrcm shall also
provide for a means of analyzing the removed water
for hazardous substance contamination and a means
of disposing of the water, if so contaminated, at an
authorized disposal facility. (Prior code $ 4973.1;
Ord. 2E65, l2l2U83; Ord. 3687, 1lllu95)
4.92.080 Otherundergroundstorage
facilities.
For every underground storage tank installed on
or before January 1, 1984, and used for the storage
of hazardous substances the following actions shall
be taken:
(a) On or beforc January l, 1985, the orvner shall
outflrt the facility with a monitoring sysrcm capable
of detecting unauthorized rcleases of any hazardous
substances storcd in the facility, and thereafter. the
operator shall monitor each facility, based on mate-
rials storcd and the type of monitoring installed.
(t) Provide a nreans for visual inspection of the
tank, wherever practical, for the purpose of the
monitoring rcquired by paragraph (a). If visual
monitoring is not possible, the tank owner/operator
shall use a quantitative or qualitative monitoring
method as described in Califomia Code of Regula-
tions, Title 23, Division 3, Chapter 16, Article 4,
section 2643 through section 2648. (Prior code g
49'13.2i Ord.2865, l2l20lE3; Ord. 3687, 11114195)
(
(4.92) 4
I
4.92.W
1.92.U70 New undergrouDd saorage
facilities.
Every underground storage tank installed after
January l, 19E4, shall meet the followhg rcquire-
ments:
(a) Be designed and constructed to provide pri-
mary and secondary levels of containment of the
hazardous substances storcd in them in accoldance
with the following performance standards:
(1) Primary containment shall be product-tight.
(2) Secondary containment shall be constructed
to prevent structural weakening as a result of contact
with any rcleased hazardous substances, atrd also
shall be capable of storing, for thc ruaximum antici-
pated period of time necessary for the rccovery of
any rcleased hazardous substance.
(3) In the case of an installation with one primary
container, the sccondary containnrnt shall be large
enough to contain at least 100 perc€nt of fte volume
of the primary tank.
(4) ln the case of multiple primary tanks, the
secondary container shall be large enough to contain
150 percent of the volume of the largest primary
tank placed in it, or l0 percent of the aggregare
intemal volume of all primary tanks, whichever is
greater.
(5) If the facility is open to rainfall, then the
secondary containment must be able to additionally
accommodate the volume of a 2rl-how rainfall as
determined by a 25-year storm history.
(6) Single-walled containers do not firlfill the
requircments of an underground storage tank provid-
ing for both a primary and secondary containrnent.
@) Be designed and constucted with a monitor-
ing system capable of detecting the entry of the
hazardous material stored in the primary contain-
ment into the secondary containment. If warcr could
intrude into the secondary containrnent, a means of
monitoring for water intrusion and for safety remov-
ing the water shall also be provided.
(
4.Y1.t90 Varisne.
(a) It is the intent of this ordinance to protect the
public health and safety and enhance warer quality
while respecting the rights of private prop€rty own-
ers economically viable use of land. It is not the
intent of this ordinance to prohibit all economically
viable usc of private lands, nor to result in a confis-
catory impact. Accordingly, the purpose of this
section is o provide for an administrative procedure
for a waiver of modification of a particular provi-
sion of this ordinance in the event that the strict
application of this ordinarrce would rcsult in the
denial of all cconomically viable use of rcal proper-
ty.
(b) An applicant for a waiver of a provision of
this ordinance shall file a waiver application with
the Director of the Division of Eovironmental
Health on a form provided by the Director identifo-
ing the provision sought to be waived or modified.
The applicant shall file a completc form and shall
proddc all docurnentation and infonnation r€quircd
by the Dir€ctor to deterrnine whether application of
the provision in question will prohibit any economi-
cally viable use of the land in question or otherwise
have a confiscatory impact.
(c) The Director may approve, deny, or condi-
tionally approve a waiver application upon deter-
mining whether:
(l) The apptication of the provision in question
will prohibit any economically viable use of the
land in question or otherwise have a confiscatory
result.
(2) Approval of such a waiver will not rcsult in
a public nuisance which would constitute a direct
threat to the public health and safety.
(3) A waiver granrcd under this section must be
consistent with State law and regulations.
(d) The determination made by the Director of
Environmental Health on any waiver application
shall be final. (Prior code $ 4973.3; Ord. 2E65,
lT20lE3; Ord. 3687, llll4l95:, Otd. 3737, 9124196)
4.92.1N Abandonedundergroundstorage
tanks.
(a) No person shall abandon an underground
4.92.090
storage tank or close or temporarily ccase operating
all underground storage tanl exept as provided in
this section. This section applies to underground
storage tanks subjecr to p€rmining and monitoring
requiremens as well as home heating oil and agri-
cultural tanks I100 gallons or less in capacity.
(b) An underground storage tank which is tempo-.
rarily taken out of service, but which the person
intends to retum to use, within the next 12 conseau-
tive months, shall continue to be subject to all the
permit, inspection, and nrcnitoring rcquirements of
this chapter, unless the person complies with the
provision of paragraph (c) of this section for the
p€riod of ttne the un&rground rank is not in use.
(c) Any person shall comply with all of the fol-
lowing rcquirements to complete and maintain tcrn-
porary closure of any un&rground storage tank:
(l) All rcsidual liquid, solids or sludges have
been rcmoved and handled in accordance with the
applicable provisions of Chapter 6.5 and 6.7 of
Division 20 of the Health and Safety Code.
(2) If the underground storage tank contained a
substance that could produce flammable vapors at
standard temperature and pressurc, it shall be inened
as often as necessaq/, to levels that will preclude an
explosion or to lower levels as required by the local
agency.
(3) The underground storage tank may be filled
with a noncorrosive liquid that is not a hazardous
substance. This liquid shall be tested ald test results
submitted to the local agency prior to removal from
the underground storage tank at the end of the tem-
porary closure period.
(4) Except for requied venting, all fill and access
locations and piping shall be sealed using locking
cags or concrete plugs.
(5) Power service shall be disconnected from all
pumps associated with the use of the underground
storage tank unless the gnwer services other equip
ment which is not being closed, such as impressed-
currcnt cathodic protection system.
(6) The underground storage tank shall be in-
specrcd by said person at least once every three
months to verify that the temporary closure rnea-
sures are still in place.
(4.92) s
I
4.92.100
(7) At the end of the temporary closure period
said penon may reuse the underground storage taok
only if the tank rneets the requircments for new
underground storage tanks or is upgraded to meet
the rcquirements of CCR, Title 23, Chapter 16,
Anicle 6, scction 2652.
(d) Penons with rcsponsibility for underground
storage tanks subject to permanent closure shall
comply with either paragraph (l) for underground
storage tank rcmoval or paragraph (2) for closure in
place. It is not essential that all portioas of an
undcrground storage tank b€ permanently closed in
the some manner; however, all closuE actions shall
be conducted in accordancc with this section. Para-
gnphs (3) and (4) apply o all underground storage
tanks subject to permanent closurc.
(1) Persons with responsibility for underground
storage tanks subject to penrEnent closure shall
comply with applicable provisions of Chapter 6.5 of
Division 20 of the Health and Safety Code and wi&
the following requircrnents: a) All rcsidual liquid
solids, or sludges shall be rcmoved, and handled as
a hazardous waste or rccyclable material in accor-
dance with Chapter 6.5 of the Health and Safety
Code; b) If the underground storage tank conrained
a hazaldous substance that could produce flammable
vapors at standard temperaErc and prcssue, it shall
be inerted to levels that shal! preclude explosion or
to lower levels as required by SMCEH; c) All un-
derground storage tanks or any parr thereof subject
to perrnanent closur€ shall be managed as hazardous
waste. The person responsible for the underground
storage tank shall docurnent to SMCEH that proper
disposal has been completed.
(2) Persons with rcsponsibility for underground
storage tanks subject to pentunent closure where the
tanks are approved to be closed in place shall com-
ply with the applicable provisions of Chapters 6.5
and 6.7 of Division 20 of the Health and Safery
Code and with the following rcqutements: a) Clo-
sure in place shall only be approved in situations
wherc underground storage tank removal will
jeopardize the strucnral integrity of a building or
other permanent strucue; b) All residual liquid,
solids, or sludges shall be removed and handled as
a hazardous waste or recyclable material in accor-
dance with Chaprcr 6.5 and 6.7 of the Health and
SaJery Code; c) If the underground $orage tank
contained a hazardous substance that could produce
flammable vapon at standard temperanrre and prcs-
sure, it shall be inerted to levels that shall preclude
explosion or to lower levels as may be required by
SMCEH; d) AII piping associarcd with the under-
$ound storage tank shall be rcmoved and disposed
of unless the rcmoval might damage structurcs or
other pipes that are being used and that arc
contained ia a common rench, in which case the
piping to be closcd 5hall !6 gmpd€d of all conrcnts
and capped; e) The underground storage tanh ex-
cept for piptng that is emptied and capped shall be
completely filled with an inert solid.
(3) Any person responsible for an underground
storage tank being closed pursuant to this section
shall demonstrate to the satisfaction of SMCEH that
no unauthorizcd rclease has occurred. This
demonsratim shall be bascd on soil sample analysis
and/or wat€r analysis if water is present h the exca-
vation. This analysis shall be performed during or
immediately after closure activities. If the demon-
sFation is based on soil sample analysis, soil sam-
ples shall be taken and analyzed as follows: a) If the
underground storage tank or any portion thereof is
removed, soil samples shall be raken immediately
beneath the removed portions of the mnk, a mini-
mum of two feet into native material at each end of
the tank. A separate sample shall be taken for each
20 lineal-feet of trench for piping; b) If the under-
ground storage tank or any ponion thereof is not
rcmoved, at least one boring shall be trken as close
as possible to the midpoint beneath tlre tank using
a slant boring (mechanical or manual), or other
appropriate method such as venical borings drilted
on each long dimension side of the tank as approved
by SMCEH; c) Soils shall be analyzed for all con-
stituents of the previously stored haz:rdous sub-
stances and thet breakdowr or transformation prod-
ucts. SMCEH may waive the rcquirement for analy-
sis of all constituents, br€akdowD or transformation
product when key constituenS that pose a significant
(4.92) 6
(
(
I
thrcat to water quality or the environment can be
identified for analysis.
(4) The detection of any reportable unauthorized
release shall require compliance with the applicable
rcquirements of sections 4.92.110 and 4.92.130 of
this chapter. (Prior code $ 4973.4; M. 2865,
l2f2ol83t Ord. 3687, l1ll4l95; Ord. 3737, 9124196)
4.Y2.L10 Unauthorized release
Reporting md recording
requircmenG.
(a) Any unauthorized rclease from the primary
containment which the operator is able to cleanup
within eight hours, and which does not escape from
the secondar,v containrrent, does not increase the
hazard of fire or explosion and docs not quse any
deterioration of the secondary contaiffnent of the
underground storage tar* shall be reported by tbe
operator to the Hcalth Officer within 24 hors of
detection, and shall be rccorded on the op€ralor's
monitoring r€pons. The operator's monioring re-
cords shall include:
(1) The opentor's name and telephone number;
(2) A list of the types, quantities, and concentra-
tions of hazardous substances rcleased;
(3) A description of the actions taken to control
and clean up the rclease;
(4) The method and location of disposal of the
released hazardous substances (the monitoring re-
cord shall indicate whether a hazardous waste mani-
fest was or will be used):
(b) The integdty of the secondary containrrent
shall be rcviewed for possible deterioration under
the following conditions:
(1) Hazardous substances in contact with the
secondary containment is not compatible with the
material used for secondary containment;
(2) The secondary containment is prone to me-
chanical damage from the npchanical equipment
used to remove or clean up the hazardous substance
collected in the secondary co[tainrnent or
(3) Hazardous substances, other than those stor€d
in the primary containment system, arc added to the
secondary containment to treat or neutralize the
released hazardous substance and the added sub-
4.92.100
stance or resulting substance form such a combina-
tion is not compatible with the sccondary contain-
drent.
(c) Any unauthorized release which escapes from
the secondary containment, increases the hazard of
fire or explosion, or causcs any deterioration of the
secondary containment of the underground tank
shall be reponed to the Health Offrcer by the opera-
tor within 24 hours after the rclease has been detect-
ed or should have been detected. A full written
rcport shall be transmitted to the Hedth Ofircer by
the owner or operator of the underground storage
tanks within five working days of rhe occurrence of
the rclease. The rcport shall describe the naturc and
volume of tlrc unauthorized rclease, any corrcctive
or rcmedial actions undenaken, and any further
corective or rcmedial actions, including investiga-
tive actions, which will be ne€ded to clean up the
unauthorized rclease and aba& the effects of the
rclease and a time schedule for implernenting these
actions.
(d) Thc Health Officcr shall rcview the permit
whenever therc has been an unauthorized rclease or
when the Health Offlrccr determines that the under-
ground storage tank is unsafe. In determining wheth-
er to modify or terminate the permir, the Health
Offrcer shall consider the age of the tank, the meth-
ods of containment, the methods of monitoring, the
feasibility of any required rcpairs, the concenration
of the hazardous substances stored in the tank, the
seventy of potential nnauthorized rcleases, and the
suitability of any other long-term preveutive mea-
surcs which would meet the rcquirements of this
chapter. (Prior code g 4973.5; Ord. 2865, 12120t83:
Ord.3687, llt14t95)
4.92Jm Unauthorized rcleases-Repairs.
If there has been any unauthorized release, as
&fne:d n 4.92.110(a) and (b), from an underground
storage tank containing motor vehicles fuel not
under pressure, the permit holder may repair the
tank once by an interior-coating process if the tank
meets all of the following requirements:
(a) An ultrasonic test, or comparable test, has
been conducted to determine the thickness of the
(4.92) 7
I
4.92.120
stofirge tank. If the rcsult of the tcst indicares that
a serious corrosion problem exists with regard to the
tank, or if the tank's average metal thickress is less
than 75% of the original wall thickness, or if the
tank has an open split or seam longer than 3 inches,
a perforation larger than one and one half inches in
diameter exc€pt dircctly below a gauging opening
at the bottom of a tank where the perforation shall
be no largcr than two and one half inches in dianre-
ter, five or more perforations in any one squarc foot
arca" or multiple perforations of which any single
perforation is larger than one half inch in diameter
the Health Of6cer rnay require additional cqtosion
protection for the tank or nray deny the authoriza-
tion to repair.
(b) A vacuum tcst has be€n conducted with a
result indexed at not more than 5-3 inches of mercu-
ry. This requirenrnt shall oot be applicable if tech-
nology is not available for testing the ank on sirc
using accepted engineering practices.
(c) Following rcpair, the standard insrallation
testing for r€quirements for underground storage
tanks specified in sectior 2-7 .3 of rhe Flammable
and Combustible Liquids Code, by the National Fire
Protection Association on November 20, 1981
(NFPA 3G1981), and published in the 1982 edition
of the National Fire Code shall be followed.
(d) The material used to rcpair the tank by an
interior-coating process is compatible with the motor
vehicle fuel that is storcd, as approved by the State
Water Resources Control Board by rcgulation.
(e) The material used to rcpair the tank by an
interior-coating process is applied in accordance
with nationally rccognized engrneering practices
such as the American Petroleum Institute's rccom-
mended practice no. 1631 for the inrcrior lining of
existing underground storage tanks.
(f) Aay regulations developed by the State Water
Resources Control Boar4 in consultation with the
State Ffu€ Marshal, for the rcpair of underground
storage tanks, and the standards in this section shall
rcmain in effect until the adoption of these regula-
tions. (Prior code g 4973.6; Ord. 2865, 12120181:
Ord.3687; llll#gs)
4.92.130 Unsuthorized r€lees€s-Cleanup
responsibility.
Any person, firm or corporation responsible for
storing the hazardous material shall instiote and
complete all actions necessary to remedy the effeats
of any unauthorizcd discharge, whether sudden or
gadual. These actions shall include but nor be limit-
ed to the procedurcs outlined in CCR, Title 23,
Dvision 3, Chapter 16, Articlc 5 for release repon-
ing requirenreos and Anicle I I for corrective action
requiremens. The Health Offrcer shall undenake
actious to rcmedy the effects of such unauthorized
discharge its€f, only if it dercrmincs thar ir is rea-
sonably necessary under the circumstances for the
County to do so. The rcsponsible party shall be
liable to reimburse the County for all costs incurred
by the County in remedying the effects of such
unauthorized discharge, including the costs of fight-
ing fircs to the exrcnt allowed by law. This respon-
sibility is not conditioned upon eddence of willful-
ness or negligence of the party storing the hazardous
material(s) in causing or allowing such discharge.
Any responsible party who undenakes action to
rernedy the efferts of unauthorized discharge(s) shall
not be barred by this chapter from sceking to recov-
er appropriate costs and expenditures from other
rcsponsible panies unless otherwise excluded by this
chapter or State law. (Prior code g 4973.7; Ord.
2865, l2l2U81; Ord. 36E7, ll/14t95)
4.92.14 Public participation.
For each confirmed unauthorized release that
rcquires a corrective action plan, SMCEH shall
follow the requirenents outlined in Califomia Code
of Regulations, Title 23, Dvision 3, Article I l,
section 2728. (Od. 3687, lll14l95\
4.92.150 Unauthorized rclsses-
Indemnification.
As a condition of the issuance of a permit under
this chaprcr, the Health Officer may rcquire the
permittee to agree in writing to indemnify, hold
harmless and defend the County against any claim,
cause of action, disability, loss, liability, damage,
cost or expense, howsoever arising, which occurs by
(4.92) I
I
\
I
rqrson of an unauthorizrd discharge in connection
with permittee's operarions under this permit, except
as arises from County's sole willful act or sole
active negligence. (Prior code $ 4973.8; Ord. 2865,
Qr2A$)
4.y2.1fi llandling,encrgencyprocedures
end eco6s.
(a) Dispensing and mixing ofhazardous rnaterials
must not be done in such a manner as to substantial-
ly incrcase the risk of an unauthorizcd discharge.
When hazardous rnaterials arc moved into or out of
a storage facility, they shall remain in the travel
path only for the time rcasonably neccssary to trans-
port the hazardous materials and such movenpDt
shdl be in a manncr which will not result in atr
unauthorized discharge.
(b) Access to thc storage facilities shall be se-
curcd by means of fences and/or locks. The access
to the storage facilities shall be kept s€cu€ly locked
when unanended.
(c) Emergency equipment shall be provided
which is reasonable and appropriate for potential
emergencies prcsented by the stored hazardous
materials. Such equipment shall be rcgularly tested
and adequately maintained.
(d) Simplified ernergency procedurcs shall be
posted conspicuously in locations wherc hazardous
materials are stored. (hior code g 4973.9; Ord.
2865, t2r20t83)
4.92.170 Inspcctions and
records-Authority.
In order to carry out the puposes of this chapter,
the Health Officer has the authority specified in
Health and Safety Code section 25185 with rcspect
to any place where underground storage tanks are
located, and in Health and Safety Code section
25185 with respect to real property which is within
2,000 fe€t of any place where underground storage
tanks are located. (Prior code $ 4974; Ord. 2865,
tazu83)
4.92.f80 Iospections
(a) The Health Officer shall inspect every under-
4.92.150
ground storage taDk within is jurisdiction ar least
once every thrce years. The purpose of the inspec-
tion is to determine whether the tank complies with
design and construction standards, whether the oper-
ator has monitored and tesrcd the tank as required
by the permit, and whether the unk is in a safe
operating condition. After an inspection, the Health
Offrcer shall prepare a compliance repon deailing
the inspection and shall send a copy of this repon
to the permit holder.
(b) In addition to, or instead of, the inspections
specified in paragraph (a), the Health Officer may
require the permit holder to employ, periodically,
special inspectors to conduct an audit or arisessment
of the penuit holder's facility to dctermine whetler
the facility complies with the factors specified in
paragraph (a) and to prcpare a special inspection
rcport wrth recommendations conceming the safe
storage of hazardous materials at the facility. The
rcport shall contain recommndations consistent with
the provisions of this chapter, where appropriate. A
copy of the rcport shall bc frled with the Health
Officer at the same time the inspector submits the
rcpon to the permit holder. Within 30 days after
rcceiving this rcport the p€rmit holder shall frle with
the Health Offrcer, a plan to implement all recom-
mendations contained in the report or shall demon-
strate to the satisfaction of the Health Offrcer why
these recommendations should not be implemented.
(c) The penninee shall pay for each inspection
a fee as established by resolution of the Board of
Supervisors. (Prior code 5 4974.1; Ord. 2865,
tu2u83)
4.Y2.190 Maintenance of records.
(a) The operator of the underground storage
facility shall monitor rhe facility using the method
specified on the permit for the facility. Records shall
be kept in sufhcient detail to enable the Health
Officer to determine the op€rator has undenaken all
monitoring activities required by the permit to oper-
ate.
(b) If the operator is not the owner, the owner
shall provide a copy of the permit to the operator,
enter into a written conmct \l"ith the operator which
(4.92) 9
I
4.92.t90
4.YL2N Requirement for pcrmit
(a) Except as provided in section 4.92.21,O, no
penon shall owu or operate an underground storage
tank unless a permit for its operation has becn is-
sued by the Heatth Officer to the owner, which
p€rmit shdl specify the method to be us€d to moni-
tor the facility. All permits alr nontransferable.
@) Any person assuming ownership of an under-
ground storage tank uscd for the storage of hazard-
ous substances for which a valid operating permit
has been issued shall have 30 days after the date of
assumption of ownership to apply for an operating
permit. During the period from the date of applica-
tion until the pcrmit is issued or refirscd, the person
shall not be held to be in violation of this section.
(c) When, in is judgment" it is appropriarc to do
so, the Health Offrcer may issue a single permit to
a person for a facility. Additional approvals shall be
obtained for any sorage facility thereafter connect-
ed, installed, constructed, rcpaired as required, suF
stantially modified, rcplaced, closed or rcmoved, or
for any change or addition in hazardous materials
stored, not in accordance with the prior approval.
(Priorcode g 4975; Ord.2865, 12J2U83;M.3687,
11114t95\
492210 Required information for permit
applicetion.
(a) An application for a permit to operate an
underground storage tank, or for renewal of the
Permit, shall be made, by the owner, on a stardard-
ized form prepared by the County and provided by
the Health Offrcer and shall be accompanied by the
appropriate fee.
(b) The Health OfFrcer shall store this informa-
tion for the purpose of managing and appropriately
cross referencing and indexing this data. The appli-
cation form shall include, but not b€ limited to,
requests for the following information:
(1) A description of the construction of the un-
derground storage tank or Bnks.
(2) A list of all the hazardous substances which
arc or will be stored in the underground storage tank
or tanks, specifying the hazardous substances for
each underground storage tank.
(3) A description of the monitoring program for
the underground storage tank or tanks.
(4) The name and address of the person, firm, or
corponrtion which owns the underground storage
tank or tanks and, if differcnl the name and address
of the pcrson who operates the underground storage
tank or tanks.
(5) The address of the facility at which the un-
dergrornd storage tank or t-nks arc located.
(6) The narne of the pcrson making the applica-
tion.
(7) The name and 24-hour phone number of the
contact person in the event of an emergency involv-
ing the facility.
(8) If the owner or operator of the underground
storage tank is a public agency, the application shatl
include the name of the supervisor of the division,
section or office which operates the tank.
(c) As a condition of any permit ro operate an
underground storage tank, the permittee shall com-
plete an annual report form, prcpared by the Health
Officer which will detail any changes in the usage
of any underground storage tanks, including the
storage of new hazardous substances, changes in
monitoring procedure and unauhorized release
occulTences.
(d) If a permittee stores in an underground stor-
age tank or tanks a hazardous substance which is
not listed in the application, as required by para-
graph (2) of subdivision (b), the permittee shall
apply for a new or amended permit within 30 days
after commencing the storage of that hazardous
substance. (Prior code ! 4975.1; Ord. 2865,
1?,2U83)
4.92220 Approval of permil
A permit shall not be approved until the Health
Offrcer is satisfied that the storage approved ade-
(
(4.92) 10
rcquires the operator to monitor the tank as set forth
in the permit, and provide the operator with a sum-
mar.v of this section in an approved form. The own-
er shall notify the Health OfFrcer of any change of
operator- (Prior code $ 4974.2; Ord. 2865, IAZW83)
quately conforms to the provisions of this chapter
4.Y223O Fees for permit
(a) A fee shall be paid to the County by each
person who submis an application for a permit to
operate :m underground storage tank or to rcnew or
amend a permit. The Board of Supervisors shall
adopt a fee schedule at a level sufficient to pay the
necessary and rcasonable costs incurred in adminis-
tering this chapter, including, but not limited to,
permitting and ilspection responsibilities.
(b) This fee shall include a surcharge, the amount
of which shall be determined by the Lrgislature
annually to cover the costs of the State Watcr Con-
trol Board in carrying out its rcsponsibilities under
this chapter. (kior code $ 49?5.3; Ord. 2865,
tzt2ot83)
4.Y22q Crimind pendties.
Any person who violates any provision of this
chaprcr shall be liable for civil and criminal penal-
ties as outlined in the Health and Safety Code,
Chapter 6.7, section 529 or Health od Safety
Code, Chapter 6.75, commencing with section
25299.1O.
(1) Responsibility for Violations. The owner,
manager, or operaror of any facility is rcsponsible
for any violation by an employee of any provision
of this chapter or any regulation adopted pursuant
to this chapter. (Prior code $ 4976; Ord. 2865,
lA2Ol83; Ord. 368?, lll14ts5: Ord. 3737, 9n4196)
4.92250 Continuing violations.
Unless otherwise provided, a person, firm, corpo,
ration or organization, shall be deemed guilty of a
separate offense for each and every day during any
portion of which a violation of this chapter is com-
mitted, continued or permitted by the person, firm,
corporation, or organization and shall bc punishable
accordingly as herein provided. (Ord. 3687,
1U14t9s)
4.Y2260 Concealment
Causing, permitting, aiding, abetting or conceal-
4.92.220
ing a violation of any provision of this chaprcr shall
constitute a violation of such provision. (Ord. 3687,
tU14t95)
4.Y2-tl0 Civil penalties.
Any person who violates any provision of this
chapter shall be liable for the civil penalties provid-
ed in state law.
(a) Civil Actions. In addition to any other reme-
dies provided in this section, any violation of this
section may be enforced by civil action brought by
the County. In any such action, the County may
seck as appropnate, any or all of the following
re[redies, or any other such rcmedy deemed appro-
priate by thc County:
(l) A temporary and/or Fnnancnt injunction.
(2) Assessrnent of &e violaror for the costs of
any investigation, inspcction, or monitoring survey
which led to the establishnpnt of the violation, and
for the reasonable costs of preparing and bringing
legal action under this subsection.
(3) Costs furcured in removing, correcting, or
terminating the adverse effects from the violation,
inglu.l'ing rcasonable attorney's fe€s and court costs.
(4) Compensatory damages for loss or destruction
to water quality, wildlife, fish and aquaric life.
Assessments under this subsection shall be paid to
the County to be used exclusively for costs associat-
ed with implementing or enforcing the provisions of
this ordinance. (Prior code g 4976.1; Ord. 2865,
lA2U83; Ord. 3687, l1ll4l95')
4.9228/J Administrative enforcement
powers.
In addition to other enforcement powers and
remedies established by this ordinance, any autho-
rizcd Enforcement Offrcial has the authority to
utilize administrative remedies. (Ord. 3687,
rut4t95)
4.Y2.2n Remedies not exclusive.
Rerne;dies under this chaper are in addition to
and do not supersede or limit any and all other legal
remedies and penalties, whether civil or criminal in
natur€. (Prior code g a976.2; Ord. 2865, 12120183)
(4.92) 1r
t
I
t
4.923m
4.Y2.N Disclaimer of liability.
(a) The degree of protection required by this
chapter is considered reasonable for regulatory pur-
poses. The standards ser fonh herein arc minimal
standards and this chapter does not imply that corn-
pliance will ensure that there will be no unautho-
rized discharge of hazardous material. This chapt€r
shall not create liability on the pan of the County,
any officer or employee thereof for any damages
that rcsult from rcliance on this chaprer or any ad-
ministrative decision lawfully madc thereunder. All
persons holding, storing, using, processing, and
disposing of hazardous rnaterials within the County
should be and are advised to determine to their own
satisfction the level of protetion in arlrtition to that
required by this chapter necessary or desirable to
ensurc that therc is no unauthorized discharge of
hazardous materials. (Prior code g 4977; fu. 2865.
12t20t83)
4.92310 Regulations.
The Health Ofhcer shall implement Califomia
Code of Regulations, Title 23, Division 3, Chapter
16 as adopted by the State Water Resources Control
Board January I , I 984, including all subsequent and
future arnendments. (Prior code $ 4977.1; fu.
2865, t2I2Ol83; Ord. 3687, 11114195)
4.923m Conllict with other laws
Notwithstanding any provision of this chapter:
(a) Whenever any provisions of this chaptcr
conflicts with any State or Federal regulations of
storage facilities, the stricter provisions will prevait.
@) Whenever any provision of this chapter con-
flicts wirh the Fire Code as adopted by the County,
the stricter provision shall prevail. (Prior code $
4971.2: M. 2865, 1Y2U83)
4.92.3X Severebility.
If any section, subsection, scntence, clause, or
phrase of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall
not affect the validity of the rcmaining portions of
the ordinance. The County Board of Supervisors
hereby declarcs that it would have passed this ordi-
nance and each and every section, subsection, sen-
tence, clause, or phnse not declarcd invalid or un-
constitutional without regard to whether any portion
of the ordinance would be subsequently declared
invalid or unconstitutional. (Prior code i 4977.3;
Ord. 2865, tU2Ol83)
(4.92) t2
I
\
Sections
4.106.010
4.10&020
4.10&030
4.10&0{)
Chapter 4.10t
PRO}ITBITED FUEIS
Purpme.
Definitims.
hohibit d fuels.
Enforecneut
4.10&020 De6nitions.
For the purpose of this cbapter, the following
terms shell have tbe following rneadtrgs:
(a) 'Tircplace" neas any pernancntly instaled
masonry or factry-built wood buming appliancc,
exc€pt a pellet-fueled wood heater, desigped to be
used with an air-tGfirel ratio greater rhen qr equal
to 35 to l.
@) 'Garbage" means all solid, semisolid and
liquid wastes generated Aom residential commrcial
md industrial sorrces, includiug trash, rcfuse, rub-
bisb" industrial wastes, aspbaltic products, marqp,
vegetable or a.imrl solids and semisolid wastes, and
otber discarded solid and senisolid wastes.
(c) '?aints" means all extcrior aad interic house
and trim pains, enamels, vamisbes, lacquers, stains,
prircrs, sealers, undcrcoating, roof coatings, wood
prescrvatives, shellacs, and other paiats or paiot-like
products.
(d) '?aint solvents" mcans all original solveats
sold 6 used j6 thirr paints or to clean up painting
equipment
(e) "Solid fitel" means wood or any otber
longirseous or nonliquid fuel.
(f) 'Trated wood" mcaas wood of any species
thet [2s been chcoically iryregnatc{ paintc(
coated or similady nodifed to inprove rqsisraoce
to insecls or weathering.
4.108.010
(g) 'Waste petroleum products" 'rp'ns any Fletnr
leum product other than gaseous fuels that has beca
rcfined tom crude oil, and has beeo uscd, and as a
result of use, has becn conr,minated with physical
or chemical impurities.
(h) 'Vood buming appliance" means a fireplace,
wood heater, or pellet-fireled wood heater or any
similar dcvicc burning wood or other nongascous or
tronliquid fuel rsed for aesthetic or space-heating
puposes. (Ord. 4009, lALglW)
410&fi10 Prohibitdfuels.
No perso sball cause or allow tbe buming of aly
of thc following Eatcrials in a fireplace, stove o
wood-hrnring ap,pliance:
(a) ga6age;
O) teated wood or wood composition products;
(c) plastic producr;
(d) rut$er prodrrcts;
(e) waste petroleum Foducts, iacluding tar or tar
pape4
(D paints od pafut solvents;
(g) coal. (Ord. N, lA$tW)
410&U0 Enforcement
Any person violating any of the provisions of
Title 4, cbapter 4.108 shall be guilty of an infi.ac-
tioa. (G- 4&9, lA$lW)
(4.108) l (S& M6 C&ty J{t)
I
4.10E 010 mrpose-
This chapter is intended !o limit aDd/or rcduc€ thc
particulate emissions caused by the burning of spe-
cific fuels within firtplaces, stoves or ap,pliaaces.
(Ord. {09, LUIgfio)
5.64.010
5.9.020
5.64.030
5.64.0,{0
s.64.0s0
5.64.060
s.4.070
5.6t.080
5.64.090
5.64.100
5.64.1r0
5.9-7:m
5.et.I:io
5.@.Un
5.64.150
5.64.160
Chapter 5.64
Sections:
the County Health Offlrcer for such enforcement and
in providing such services.
(d) Section 510 of the Califomia Heaith and
Safety Code grants authority to the Counry to pre_
scribe, by resolution, fees that will pay tlre reason-
able expenses of the Health Officer or officers or
employees incurred in the enforcement of such
statute, order, quarantine, rule or regulations pre_
scribed by a Stale Officer or department relating to
public health which requircs or authorizes the Coun_
ty Health Officer or County officers or employees
to perform specified acts. (prior code g 5521 .l: Ord.
2324, 07rc8n5; M. 2514, O6t2Ot78; Ord. 3004,
07t24tV; Ord. 3009, @tCHtB4)
5.@-020 Scope and application.
The fees which arc established by resolution
pursuant to the authority of this chapter and section
510 of the Health and Safety Code apply to any
business or activity as defrned in section 5.64.050
of this chaper and to any other business or activity
as to which the County Health Officer or other
County Officer or employee are charged with the
responsibility of enforcing any statute, order, quar_
antine, rule or regularion relating to public heatth
which are within the geographic area in which the
County Health Officer is responsible for enforcing
State statut€s, orders, quarantines, mles or regula-
tions relating to the public health and to any proper_
ty alteration or use, as defined in section 5.64.090
of this chapter, which occurs in the unincorporated
area of the County. (Prior code g S5Zl.3; @.. 2324.,
07 108fi 5; M. 2514, O$tZOtjS: Ord.. 3@4, 07 nq84)
5.64.030 Responsibility for inspection and
fee collection.
The Environmental Health Services Division of
the Health Services Agency shall be responsible for
business inspection and collection of fees. @rior
code $ 5521.4; M. 2324, OT loSfj 5; Ord. 2574,
06DOl78; Ord. 2636, 03/1 l/80; Ord. 3C04, 07 t24t84:
Ord. 3357, 717t92; Ord. 3686, tVt4t95; Ord. 3849,
8t4t98)
Declaratiou of findings.
Scope and applicatiotr-
Responsibility for inspection
and fee collectior.
County healtl oficer.
Defuitons of ccrtain brrcincsses
and ac{iyities subiec,t to
inspecdm f66s rufler rhir
chep&r.
Impositiou of fees.
Collec.tion of fees,
Partuer$ip.
General definition
Major land division.
Minor Iand division
Lot lirc adjushents.
Imposition of fees.
Application-
Fee amount
Penalty for lst payEeDL
5.64.010
5.64.010 Declaration of findings.
The Board of Supervisors of the County of San
Mateo does hereby find and declare as follows:
(a) That the expenses incurred by the County
Health Officer in the enforcement ofcertaia starutes,
orders, quarantines, rules and/or regulations pre_
scribed by state officers or deparunents relating to
public health are not met by any fees prescribed by
the State;
(b) That the expenses incurrcd by the County
Healt} OfEcer in the enforcement of said stanrtes,
orders, quarantines, rules or regulations and in pro-
viding certain other related seryices arc reasonable
and necessa4r therefore; and
(c) That the Board of Supervisors shall, by rese.
lution, establish fees which reflect the expenses of
(5.64) 1 (SaD Mar.o Courry +99)
FEES FOR ENFORCEMENT OF STATE
PT]BLIC EEALTE I"AWS
5.64.040
5.il.M0 County healttr officer.
"County Health Offrcer" shall be the person
appointed by the San Mateo County Board of Su-
pervisors pursuant to sections 451 and 454 of the
Califomia Health and Safety Code or his duly au-
thorized representative. (Prior code g 5521.5; Ord.
2514, MDD|78; Ord. 3004, 07 l24l%)
5.64.050 Definitions of certain businesses
and activities subject to inspection
fees under rhis chapter.
(a) Apanment House. the term ..apaftrnent
house" shall include all dwellings classified as
"apartnent houses" for purposes of part 1.5 of divi-
sion 13 of the Califomia Health and Safety Code,
except that for fee purposes only such buildings
with four or more dwelling units on a parcel of land
shall be required to pay tie listed fees. The term
"complex" shall meaa apaftnent buildings located
on continuous parcels of land owned by the same
person, firm or corporation.
(b) BacKiow Prevention Device Tester. The term
"back-flow prevention device tester" shall mean a
person who is cenified by the County Health Officer
in writing as competent to test bacKlow prevention
devices.
(c) 3akery. The term 'bakery" shall have the
meanhg as that defined in section 2752O of the
California Health and Safery Code.
(d) Chemical Toilet Agency. The term'themical
toilet agency" shall include all companies which
install, lease, rent or service chemical toiles.
(e) Confectionery. The term "confectionery" shall
apply to places or establishments used or operated
for the retail sale of candy, chewing gum. peanuts,
nuts, or similar confectionery, whether in bulk,
canned, wrapped" bottled" packaged, or any other
form.
(0 Food Salvager. The term'Tood salvager"
shall include any person or comp:rny segregating
foodsuffs from retail food premises after a flood,
fire or other disaster for relabeling and resale at a
discount.
(g) Hotel. The term "hotel" shall include all
dwellings classifred as "hotels" for purposes of pan
1.5 of division 13 of the Califomia Health and
Safety Code.
(h) Licensed Health Facility. The term "licensed
health facility" shall include hospitals as defined in
Califomia Health and Safety Code, chapter one,
division II, and "skilled nursing facilities" as defined
in Calilomia Health and Safety Codq chapter two,
division II, and authorized by title )O(tr, section
66835.
(D Motel. The term "motel" shall include all
dwellings classified as "motels" for purposes of part
1.5 of division 13 of the Califomia Health and
Safety Code.
(j) Organircd Camp. The term "organized camp"
shall have the same meaning as that defined in
section 18897 of the Califomia Health and Safety
Code.
(k) Public Swimming Area. The term . public
swimming area" shall include all ' public swimming
pools" as defned in section 24100 of the Califomia
Health and Safety Code.
(l) Hot Tub. The term "hor tub" shall include alt
tubs constructed of wood, fiberglass, plastic, or
Acrylic, containing a device to circulate hot water,
designed for emergence of human beings and open
on a regular basis to the public upon paymenr of a
fee-
(m) Restaurant. The term "restaurant" shall have
the same meaning as that defined in section 27520
of tle Califomia Health and Safety code.
(n) Retail Food Produaion and Marketing EstaL
lishments- The term "retail food production and
marketing establishment" shall have the same mean-
ing as that defined in section 27520 of the Califor-
nia Health and Safety Code.
(o) Retail Food Vehicle. The term'retail food
vehicle" shall include all "vehicles", as defined in
section 2754O of the Califomia Health and Safety
Code.
(p) Rodent Bait Stations. The term "rodent bait
station" shall mean a designaed location where a
specified quantity of rodenticide is placed and main-
tained under the direction of the County Health
Officer for the purpose of controlling rodents. The
term shall include, but not be limited to, designated
(San )rla.o Counry +9)(s.64) 2
areas of municipal sanitary ard storm sewer sys-
tems, natural drainage creeks, tidelands, solid waste
disposal sites, wastewarcr reatment plants, and otler
locations determined by the Health Officer to re-
quire rodent baiting.
(q) Septic Tank, Cesspool, Chemical Toiler, and
Sewage Seepage Pit Cleaning and Pumping Vehicle.
The term "septic tank, cesspool, chemical toilet and
sewage seepage pit cleaning and pumping vehicle"
includes all vehicles to which chapter 6 of division
20 of the Califomia Health and Safety Code applies
and which are used for cleaning and pumping waste
material ftom septic unks, cesspools, chemical
toiles, and sewage seepage pits.
(r) Small Water System. The terrn "small water
system" shall include all ' public water systems" as
defined in section 4010.1. (e) of the Califomia
Health and Safery Code which have fewer than 200
service connections.
(s) Vending Machine. The term "vending ma-
chine" shall have the same meaning as that defined
in section 27541 ofthe California Health and Safety
Code, but shall not include machines exclusively
dispensing bottled or canned drinks, chewing gum,
candy, or other food which is not readily perishable,
if the County Health Officer has determined that
such machines do not require routine inspection for
the protection of the public health.
(t) Wholesale Food Processing Establishment.
The term "wholesale food processing establishment '
shall have the same maning as that defined in
section 28280.1. ofthe Califomia Health and Safety
Code, but the term shall not include retail businesses
or activities elsewhere specifically defrned in this
chapter.
(u) Cross Connection. The term "cross connec-
tion" shall have that meaning defined in section
7583 (e) of title XVII of the California Administra-
tive Code. To paraphrase that definition, it is any
physical connection or arrangement between two
otherwise separate piping systems, one of which
contains potable water and the otler water of un-
known or questionable safety, whereby water may
flow from one system to the other, the direction of
5.64.050
flow depending on the pressure differential between
the two systems.
(v) Medical Waste. The term "medical waste,,
shall have the meaning defined in seclion 25OZ3.z
of the California Health and Safety Code.
(w) Mobile Home Park. The term "mobile home
park" shall have the meaning as that defined in
section 18300 of the California Health and Safety
Code. @ior code g 5522.1; Ord,. 2324, Ojt08t75;
Ord. 2514, 06D-On8: Ord.. 2524, 07t25ti8: A:d-.
2546, 11128118:' Ord. 2738, 07t14t81; Ord. 3004,
O1 12.4t4; M,. 3267, 09t25t90; Ord. 335j, I lj t92l-
Otd.3527, Wt4/93)
5.64-060 Imposition of fees.
(a) Generally, any prson who conducts or en-
gages in a business or aaiviry as defined in seaion
5.54.050 of rhis chaper, which business or activiry
is within the geographical area under thejurisdiction
of the County Heal& OfEcer, shall be tiable to pay
the Environmental Health inspection fee established
by ordinance of the Board of Supervison for that
business or activity within thirty days from the date
of billing therefore. Said fee shall be payable annu-
ally and shall cover a period of one year from the
date of paymen! unless otherwise specifred by the
County Health Officer.
(b) Closing or Termination of Business. The
County Health Officer may, in the case of closing
or termination of a business, refund not to exceed
50% of the fec when the activity was in business for
less than six (6) months of the billing year,
(c) Seasonal Businesses. A seasonal activiry
which is il business for six (6) months or less shall
be obligated a pay 50% of the fee.
(d) Reinspection Fee. A reinspection is any activ-
ity which occurs after a second inspection of a
facility, wherc initial violations arc not corrected
and the third inspection is required to correct viola-
tions. ln these cases, a rcinspection fee shall be
charged for tlre inqrection as well as subsequent
reinspection activities as required to correct viola-
tions documented by the division.
6.e) 3 (San M6l!o Courr] +99)
5.U.060
(e) Exemptions From Fee. The following shall be
exempt from payment of fees imposed by this chap
ter:
1. "Rodent Bait Stations" where valid, renew-
able agreements from pest control operators and
cities, sanitary or sanitation disaicts are enforced
until the new agreement is prepared and negotiated.2. Any business or activity operared by a blind
person who has a certificate issued by the Bureau
of Vocational Rehabilitation of the State of Califor-
nia-
3. Any stare-registered or tax exempt person or
organization operating, exclusively for a charitable
purpose, a business or activity defined in section
5.64.050 where no person benefits through the dis-
aibution of profis or other compensation-
4. Any persons or organization which is wholly
supported by tax revenues.
(f1 Ren[ned Checks. A sewice charge of $25.00
will be added to and become part of any underlyiug
obligation for any rcturned check.
(g) Any person may appeal the amount of the
fee, in writing, to the Director of Environmental
Health who shall determine the correctpss of the
arnount of the fee assessed. (Prior code Q 5522.2:
Otd. 2324, O7/OB|75: Ord. 2389, @to7ft6; M.
2514, O6l?.O178; Ord. 2546, llD8l78 Ord- 2636,
O3l 17180; Ord,. 27 38, O7 I 14181; Ord. 3OO4, 07 DAt&4 :M. 32.67, @ l25 l9O:' Ord. 3357, t f7 t92; Ord. 3527,
12114193; Ord. 3686, 11t14t95i Ord. 38r';9, A4t9S)
5.&.ff10 Collection of fees.
Environmental health fees shall be charged annu-
ally for activities for which the County Health Offr-
cer or other Counry officer or employee is charged
with the responsibility of enforcing zrny statute,
order, quarantine, rule or regulation prescribed by
state officer or departrnent relating to the public
health, which either requires or authorizes the Coun-
ty Health Of6cer or other Counry officer or employ-
ee to perform specified acts-
The fee shall also be charged upon review of
plans for new construction, renovation or remodel-
ing of bakeries, confectioneries, food salvagers,
organized camps, public swimming areas, hot tubs,
restaurants, retail food production and marketing
establishments and wholesale food processing
etablishments, wells and septic tanks, vector conrol
abatement, medical and solid waste, land use and
development.
The following Environmental Health fees shall be
charged for the activities fisted below:
(S& Ma(.! County 4-9)(s.64) 4
9tugv
tzBU98
u1J99-
y2BU99
uuotL-
L2/}UO0
5.4.070
On/After
uu0t
FOOD ESTABLISHMENTS
Commissary - Catering
Commissary
Restaurant/3ar 10 Seais
RestaurantlBar I 1-50 Seats
Restaurant/Bar 5 I -1 00 Seats
RestaurantlSar 101-150 Seats
Restaurant/Bar 15 1-200 Seats
Restaurant/Bar Over 201 Seats
Concession/Comm
Temporary Restaurant
Bakery 4,0f,r.)FL^2
Bakery >2,000 R.^2
Temporary Bakery
Confectionery
Marka 4,000 FL^2
Market 2,00G-6,000 Ft.^2
Market 6,00G-l 0,000 Ft.^2
Market >10,000 Ft.^2
Retail Store WAncid Food Sales
Temporary Market
Food Salvager
Vending Machine
Mobile Food Sates
Mobile Food Preparation
hrshcarts And Stands
Certified Farmers Market
Food Facility Plan Review - Remodel
Food Facility Plan Review
Food Services/Ilour
5 Year Tobacco Sales Permit
$236.00
536.00
254.00
42r.00
501.00
s90.00
680.00
766.W
536.00
r91.00
412.W
574.W
191.00
191.00
217.00
394.00
670.00
766.A0
191.00
r91.00
689.00
13.00
r91.00
431.00
287.00
191.00
96.00
670.00
81.00
25.00
s24.00
553.00
262.00
434.00
517.00
609.00
702.00
791.W
553.00
t97.00
425.A0
592.00
197.00
197.00
224.00
407.00
691.00
79t.N
197.00
197.00
711.00
13.00
r97.00
445.00
296.00
197.00
99.00
691.00
84.00
2s.00
$2s2.00
571.00
270.O0
448.00
534.00
628.00
724.O0
816.00
571.00
203.00
439.00
611.00
203.00
203.00
231.00
420.W
713.00
816.00
203.00
203.00
734-N
13.00
203.00
459.A0
305.00
203.00
102.00
713.00
86.00
25.00
$260.00
589.00
279.W
462.W
551.00
648.00
747.00
u2.00
589.00
209.N
453.00
631.00
2@.00
209.00
238.00
433.N
736.00
u2.00
209.00
209.00
757.W
13.00
2@.00
474.00
3i5.00
209.00
105.00
736.00
89.00
2s.N
(5.64) s (Se Matco County 499)
5.64.O70
IIOUSING PROGRAM
Apar[nent House
Adj Same Owner
Hotel or Motel 25 rooms or Iess
Hotcl or Motel 25 roorrls or more
Bed and Breakfast
Organized Camp
Labor Camp Annual Permit*
l,abor Camp Per Unit*
Mobile Home Pa* Annual Permit*
Mobile Home Park Inspection Fee*
Mobile Home Park Per Unit*
Srare Fee 2 - 19 Spaces*
State Fee 20 - 49 Spaces+
State Fee 50 - 99 Spaces*
Statc Fee 100 - 249 Spaces+
Stqte Fee 250 - 499 Spaces*
State Fee 500 or More Spaces*
Housingllail Services/Hr
9l4D*
t2,t3w8
tl"t9-
12[3U99
IAJO0-
TIRUN
On/After
uu01
$ 56.00
4.00
281.00
479.m
u9.@
345.00
35.00
12.00
25.00
4.00
2.00
40.00
75.00
175.00
400.00
800.00
1,600.00
81.00
$ 58.00
4.13
290.00
494.m
257.@
356.00
35.00
12.00
25.N
4.00
2.fi
40.00
75.00
r75.00
400.00
800.00
1,600.00
84.00
s 60.00
4.26
299.00
510.00
265.00
367.N
35.00
t2.N
25.00
4.00
2.00
40.00
75.00
175.00
400.00
800.00
1,600.00
86.00
s62.00
4.q
309-00
526.00
273.00
379.N
35.00
12.00
25.00
4.00
2.N
40.00
75.00
175.00
400.00
800.00
1,600.00
89.00
* Fixed fee established through State regulation, subject to change as State regularions are amended.
(San Mr.o Co{lry 4-99)(s.64) 6
9t49L
xu3w8
ull9-
12f3U99
uv00-
I:IBU(J0
5.U.070
WATERAND WASTE
Water Sarnpling Fee - POTW
High Use Pools
High Use - Each Add PooUSpa
First Pool/Ilot Tubs/Spas
Inactive Pool
AddUPooVSpa,/Tub
Plan Rev/One PooVSpa
Plan Rev/Addl PooVSpa
Pool Remodel Major
Pool Remodel Major - Additional
Pool Remodel Minor
Pool Remodel Minor - Additional
Pool Services/Ilour
Cenification Fee (Baclf,low Tester)
Annual Tags for Detces
Certification Exam
Cross Conaection Services/Hour
Chemical Toilet Agenry
Septic Tank Pumper
Chemical Toilet Installation
Chemical Toilet Each
Commuoity Water System
(15-24 Con)+
Community Water System
(25-99 Con)+
Community Water System
(10Or Con)*
Noncommunity System*
State Srnal Water System
Local Small Warer System
Small Water Systems ServiceVllr
$287.00
449.N
225.00
225.N
81.00
113.00
612.00
306.00
420.00
210.00
112.00
56.00
81.00
72.N
5.00
r75.00
81.00
342.@
171.00
144.N
41.00
$296.00
463.00
232.00
232.O0
84.00
117.00
632.00
316.00
433.00
217.00
116.00
58.00
84.00
74.@
5.00
181.00
84.00
353.00
r76.00
149.00
42.00
s305.00
478.@
239.N
239.00
87.00
721.O0
652.@
326.00
47.N
224.00
120.00
60.00
86.00
76-m
5.00
187.00
86.00
3@.ffi
182.00
154.00
43.@
$31s.00
493.@
u7.N
247.O0
90.00
r25.00
673.@
336.00
461.00
231.00
12A.@
62.@
89.00
78.00
5.00
193.00
89.00
376.@
188.00
159.00
4.00
250.00
400.00
5m.00
350.00
315.00
140.00
81.00
250.00
400.00
500.00
350.00
325.00
14.@
84.00
250.00
400.00
500.00
350.00
335.00
149.N
86.00
250.00
400.00
500.00
350.00
346.00
154.00
89.00
* Fixed fee established through State regulation, subject to change as State reguladons are amended.
(s.@) 7
On/After
uu01
(San lraa. Couity +99)
5.&.U0
LAND USE PROGRAM
Septic System Site Investigation
Septic Repair
Septic Installation<2,s00 FT,.2
Septic Installation<3,sOO FT^2
Septic Installation>3,500 FT^2
Sewrye System Charge/Ilour
Septic Sys Perc Test
Well Drilling Permit
Use/Oper Domestic Well
Well Drilling Permit (Study Area)
Recertification Fee/Soil Perc Tester
Resubmital Fee
Variance Fee
Alternative Systems
Pressure Dosed Systems
Wet Weattrer TesE"g
Permit Extension (50%)
Permit Appeal
Inspection Cancellation
Well Abandonment
Certif for Domestic Use
I-and Use Services/flour
Unsewered Maj l-and Div/Par
Sewered Maj Land Divr?ar
Unsewered Min Land Div/Par
Sewered Min I-and Divr?ar
Other I-and Use Services
Cetificate of Compliance
Exotic Animal Permit
LvoSfr*
r2BU98
uutv
t2BU99
7ruO(d-.
x2[3U00
On/After
uu01,
$270.00
429.00
492.00
748.N
1,029.00
81.00
492.O0
369.00
410.00
957.W
2s.@
280.00
r87.00
468.00
468.00
468.00
2rs.00
140.00
93.00
187.00
374.O0
81.00
492.W
369.00
492.00
369.00
r48.00
138.00
I62.00
$279.O0
43.00
508.00
772.O0
1,062.00
84.00
508.00
381.00
423.N
988.00
26.N
289.00
193.00
483.00
483.00
483.00
222.W
tM.oa
96.00
193.00
386.00
84.00
508.00
381.00
s08.00
381.00
1s3.00
142..ffi
167.00
$288.00
457.00
524.@
797.00
1,096.00
86.00
5U.N
393.00
437.OO
1,020.00
27.W
298.00
199.00
498.00
498.00
498.00
229.0O
149.00
99.00
199.00
398.00
86.00
5ALOO
393.00
5V+.OO
393.00
rs8.00
t47.OO
172.m
$297.00
472.W
541.00
823.00
1,131.00
89.00
541.00
406.00
451.00
1,053.00
28.00
308.00
205:00
514.00
5r4.m
514.00
236.00
154.00
102.00
205.00
411.00
89.00
541.00
406.00
541.00
406.00
163.00
152.00
178.00
(San Maro County tL99)(5.64) 8
uw9-
x\BUlrg
uuorF.
I2BUoiJ
5.64.070
On/After
uu0t
9t4t9L
\zBlt98
VECTORA,IEDICAI./SOLID WASTE
Solid Wasrc Permit Modification $1,076.00
Solid Waste Services/Hour 81.00
Landfill Inspection Fee (COLMA) |,Z7S.N
1---4 Bait Station Insp. l -23H Bait Station Insp. 2.46
9-72Bait Station Insp. 3.69
Medica! Waste Hauler 128.00
Medical Waste l-99 Lb/Mo 287.@
Lrg Qty WOn-Site Treatmenr 430.00
Medical Wasto200 LbIrrIo 430.00
Health Facility-hfea Waste 251-00
5.64.080 Parfrrership.
If a fee is paid under this chapter by a parmership
which subsequently is changed by the addition or
reduction of paftErs, credit for the payment of said
fee may be given to the new parhership upon appli-
cation for such credit accompanied by payment of
a transfer fee of $25.00 (Iwenty-Five Dollars) to the
Environmental Health Dvision of the San Mateo
County Department of Health Services. (Prior code
$ 5522.5; Ord. 251 4, Mt20l78: Ord. 3267, @lZStgO)
5.64.00 Generaldefinition
The term "alrcration or use of real property,' as
used in this chapter shall nran any chaage in the
use of real property or continuation of the existing
use of real property where such change in, or con-
tinuation of, the use requires specific wriuen ap
proval, whether in the fonn of a permit or other-
wise, by the San Mateo County Planning Division,
Zoning Hearing Offrcer, or OfFrce of Environmental
Health. The term shall include, but not be limited to,
major land divisions, minor land divisions, lot line
adjus[nents, zoning changes, activities requifing
variances or use permits, timber harvesting, mainte-
nance of kennels and stables, grading, and moving
of buildiags. (Prior code g 5523.1; M,. Z3U,
07 lo8t7 5 ; Or,d. 25 1 4, O6DO1 8)
5.64.100 Major land division.
The term "major land division" includes any land
division comprised of five (5) or more parcels.
(Prior code g 5523.2; Ord- 2324, 0j l\8t75: M.
2389, @lO7176; Ord- 2514, O6DO18)
5.64.110 Minor land division.
The term "minor land division" includes any land
division under five (5) parcels. (ftior code g 5523.3;
Otd,. 23U, O7108175l. Ord. ?514, MDO1S)
5.64.120 Lot line adjushents.
The term "lot line adjustnent" means any minor
boundary changs between contiguous parcels of
property agreed upon by the owners thereof. @rior
code g 5523.4; Otd. 2324, O7t}8t75; Otd. 2514,
Mtznn8)
5.64.130 Imposition of fees.
Any person who makes an alteration or use of
real propeny as defined in section 5.64.090 shall be
liable to pay the fees rhat are established by rcsolu-
tion of the Board of Supervisors. Said fee shall be
$1,110.00
84.00
1,316.00
1.n
2.54
3.81
t32-OO
296.O0
444.00
444.O0
259.O0
$1,146.00
86.00
1,358.00
1.31
2.62
3.93
136.00
305.00
458.00
458.00
267.O0
$r,183.00
89.00
1y'01.00
1.35
2.70
4.M
140.00
315.00
473.@
473.N
276.@
6.e) 9 (San Malco Courry +9)
(Prior code i 5522.3; Ol,d..2514, 06/2oft8; M,. 2524, O7t25t7B; O:d.. 2546, ttD8fi8; Ord. 2636,03/1 1/80;
Ofi.n3LMl02J8l;Ord.2738,O7114181;M,.2799,tDto1t8};Ond.3m4, O7t24t84:Otd-3267,@t;.5t90;
Ord. 3357, ll7l92; Ord. 3686, ll/14195: Ord. 3849, 8/4D8; Ord 3BS7 , t)t6tgg)
5.@.130
payable urithin thirty days said person files for such
alteration or use. Said fee shall be in addition to any
permit or other fee required under this code or under
any statute, rule, or regulation for such alteration or
use. (Prior code g 55235; Ord,.2324, Oj to8l75; Ord.
25 I 4, 06,t20 fi 8; Ord. 30O4, 07 t2At U)
s.g.lq Application.
Businesses and activities which require either
special non-routine inspections, seasonal surveil_
Iance, orparticular services to enforce state statutes,
orders, quarantines, rules, or regulations rclating to
public health shall be liable for field inspeaion fees.
Such businesses and activities shall include, but not
be limited ro, those sct out in section 5.64.O50. They
shall also include, but not be limited to, ocean beach
sanitation, application of sewage sludge to agricul-
tural land, and intensive inspection of slrcial events.
(Prior code $ 552.1; M. 2324, 07fi8r75; M.
2514, O6r20n8)
5.64.150 Fee amount
An hourly fee shall be charged for services rcn-
dered pursuant to sectiou 5.64.1u1O. This fee shall be
called 'Special Services per Hours" and the amount
of said fee shall be listed in sections S.U.OIO afi
5.720.C4.O, (Prior code $ 5524.2; M. 25t4,
06D0t78; M. 2738, Ut /t6t9t; Otd. 2799, t0t05t9};
Oltd. 3004, O7124t84; M. 3267. AgDStgO:. Cr;d,.
$57, Wt92)
5.9.1fi Penatty for lete paynent.
If any fee rcquired by this chapter, with the ex_
ception of the filing fee set out in sections 5.64.090
through 5.64.130, has not been paid within 30 days
from the due date, there shall be imposed a penalty
equal to twenry-five percenr (25%) of the said fee.
Failure to pay any fee required by this chapter with-
in 90 days from the due dare shall result in annual
interest charge of 78% on any ouctanding balarc€
due. Where the County Healtlr Offrcer determines
that such delinquency has been caused by excusable
neglect on the pan of the person billed or by mis_
take on the part of the Dvision, the penalties may
be waived. (hior code $ 5525.1; Otd. 2514,
O6DO|78; Od,. 2636, 03/1 l/80; Or<t. 2738,M fi 4/81;
Ord. 3308, O3t t2t9t; Ord. 3357, [7 t92; Ord. 3686,
1 Ut4l95; Ord. 3849, 8t4t98)
(S., M..€o Coonry +99)(5.64) l0
Qhapter 5.68
FOOD ESTABLISIIMENTS
Sectiorrs:
5.58.010
5.68.020
5.68.030
5.68.M0
DeEnitions.
Permit to oprate.
Application for permlt
Issuance, suE ension end
revocation of pemdt
5.68.010 Definitiors
(a) The term'food establishment" includes all
"restaurants" as defined in section 28522 of the
Califomia Health and Safety Code, all 'itinerint
rcstauratrts" as defined in section 28523 of the Cali-
fomia Health and Safety Code; all "vehicles" as
defined in section 524 of the Califomia Health and
Safety Code; all "vending machines" as defined in
section 28525 of the Califomia Health and Safety
Code; all 'retail food production and marketing
establishments" as defined by section 28802 of the
Califomia Health and Safety Code; and all "baker-
ies" as defined by section 28190 of the Califomia
Health and Safety Code.
(b) 'lledth OfEc€t'' rneans the Eirecor of Health
Services of San Mateo County, or his duly autho-
rized representative.
(c) The term "restauranf' shall have tbe same
meaning as that defmed in section 28522 of the
Califomia Heal6 and Safety Code.
(d) The tenn'retail food vehicle" includes all
"vehicles" as defined in section 2852 of the Cali-
fomia Health and Safety Code and all "itinerant
restaurants" as defined in section 28523 of the Cali-
fomia Health and Safety Code.
(e) The tenn "vending machine" has the same
meaning as that defined in section 28525 of the
Califomia Hedth and Safety Code. (Prior code g
5540.1; Ord. 1099,02115155; Ord. 1201, OLIOUST;
Old.23U., OT l0gn 5; Ord. 3308, 03/12191; cztchline
editorially creart, 6194)
5.68.010
5.68.020 Permit to operate.
It shdl be unlawful for any person to open, oper-
ate, or engage in the business of operating either (a)
a retail food production and mar{<eting establishment
in geographic areas in which the County Health
OfEcer is rcsponsible for enforcing state statutes,
orders, quarantines, rules or regulations relating to
pubtc health; or (b) a restaunmt, rctail food vehicle,
vending machine or bakery in unincorporated arcas
of the County, unless that person holds a valid
permit iszued by the County Department of Health
Services. (Prior code g 55210.2; Ord. 1099,O2115155:
M,. 2324, 07 lO8fl 5; Ord. 3308, 03tt79t)
5.6&030 Application for permil
(a) Any person desiring to open a food esrablish-
ment shall apply in writing for a permit to the De-
parftlent of Health Services. He tnay not engage in
business until his application has been accepted and
a permit issued.
(b) Any pefuon who is engaged in the operation
of a food establishmeBt at the time this chapter
becomes effective shall apply for a permit in writing
to the Department of Health Services within siity
(60) days following the effective date of this chap
ter. The Department of Health Services shall grant
or deny each application within one hun&ed twenty
(120) days after receipt of the application. Thereaf-
t€r, it shall be unlawfirl for any person to coutinue
to operate such food establishment without having
a perrnit as herein provided. (Prior code $ 55210.3;
Ord. 1099, O2tl5l55; Ord. 1907, 06/18/68; Ord.
2324,O71O8t75; H. 3308, OytAgD
5.68,M0 Issuance, suspeusion and
revocation of permit
(a) If, after investigation, it is determined that the
food establishment complies with the requirements
of state laws and with the requirements of this chap-
ter, a perrdt shall be issued by the Departnent of
Health Services.
(b) A prmit may be revoked or suspended by
the County Health Officer where he has deterrnined
that a violation of state law or a provision of this
chapter exists, where he has given written notice to
(5.68) l
-
5.68.Or0
the permittee of said violation, and where said per-
mittee has failed or neglected with a reasonable time
after such notice to make the necessary corrections
calld for therein.
(c) Any permittee who feels aggrieved by an ac-
tion of suspension or revocation of a permit by the
County Health Officer is entitled to a hearing before
ttre,Counry Hearing OfEcer and the County Ilealth
Officer sball inform the permitee of this rigbt
Upon receip of a request for a hearing, the Corrnty
Hearing Officer shall set the matter for hearing at
the earliest p'racticable darc, but in no event larer
than fourteen (14) days from the effective date of
suqpension or revocation. At said hearing, the Coun-
ty Hearing OfEcer shall consider the report of the
Health Officer and any evidence presented by the
permittee allegedly aggrieved. The County Hearing
Officer may reject, afErr& or modiff the Health
OfEcer's decision, which action shall be final.
(d) AII permits iszued under the provisions of
this chapter must be posted on the premises of the
business in a conspicuous place.
(e) Permits are nottransferable from one business
or location to another, or from one person to ano&-
er. (Prior code $ 5540.4; Ord. 1099, Wl5l55;Ard.
1201, 01/08/57; Ord. 23U, O7108f75; Ord. 3308,
$t1a9D
(s.68) 2
.t
STAFF REPORT
AGENDA
ITEM #
MTG.
DATE t/23/2002
7d
TO: HONORABLE MAYOR ATID CITY COUNCIL
DATE: January 1412002
FRoM: Rahn Becker, Assistant City Manager/
Administrative Serices Director
650-558-7222
BY
STJBJECT: Resolution Authorizing Management Agreement for Shuttte Bus Program with Peninsula
Traffic Congestion Relief Alliance
RECOMMEI\iDATION: Approve the resolution.
BACKGROUND: The city is a member of the Peninsula Traffic Congestion Relief Alliance. The Alliance
has agreed to perform marketing and management services of the existing CalTrain shuttle and the new BART
shuttle serving Burlingame. The agreement spells out the terms of service; there is no cost to the city at this
time. The Alliance staffis considering whether to include the hotel shuttle service in the agreement, and will
submit a proposal to the city after reviewing the idea with Alliance Supervisory Committee. There may be a
cost for this portion of the service, as the Alliance staffonly administers commute-hour shuttle with present
staff.
The Alliance staffhas already begun assisting with nrarketing and route development for the two shuttles
ATTACHMENTS : Resolution
Agreement
BY
AGREEMENT CONCERNING MANAGEMENT
OF SHUTTLE PROGRAMS
BETWEEN THE CITY OF BURLINGAME AND
THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIAI\CE
THIS AGREEMENT, dut"&r*rq L,2O OL-by and between the CITY OF
Burlingame ("City") and the pENnqsur-aTnF-rtc cbfcrsuoN RELIEF ALLIANCE
("ALLIANCE'), a joint powers agency, is made with reference to the following facts:
1
A. City desires to facilitate the operation of two shuttle bus programs ("Shuttle Programs") to
serve its employees and citizens, and City has entered into Shuttle Bus Service Administration
Agreements ("Funding Agreements") with the San Mateo County Transportation District ("SamTrans")
to fund a portion of the Shuttle Programs; and
B. The Shuttle Programs consist of shuttle bus service from certain BART and Caltrain
stations to shuttle stops at various locations within the City, to be operated by a shuttle bus provider(s)
("Shuttle Operator(s)") pursuant to the terms of an Agreement between City and the Shuttle
' Operator(s);
C. City and ALLIANCE acknowledge that the Shuttle Programs could change significantly
during the term of this Agreement, since SamTrans and the City must compete for funding each year,
and there is no guarantee that funding will be available to support the Shuttle Programs;
NOW, THEREFORI,, THE PARTIES AGREE AS FOLLOWS:
Responsibilities of ALLIANCE. ALLIANCE shall exercise primary responsibility for
managing the Shuttle Programs. ALLIANCE will handle all billing, promotion, grant
reporting, Shuttle Operator(s) oversight, and logistical maintenance of the Shuttle Programs,
including, but not limited to, the following specific responsibilities:
(a) Grant Reporting and Applications:
(1) The Funding Agreement between City and SamTrans, and any other funding
agreements or financing arrangements for the Shuttle Programs that may be proposed
from time to time, have been and will be provided to the ALLIANCE.
(2) ALLIANCE shall assume primary responsibility for:
preparation and timely submittal on behalf of City of all reports that may
be required under the terms of any funding agreements for the Shuttle
Programs; and
re-applying to SamTrans on behalf of City for grant funds in future
years, including but not limited to, the preparation of application forms
a
a
I
with the statistical and operating information that may be required in
connection therewith to the extent that information to be included in the
applications must be obtained by ALLIANCE from the records
maintained by ALLIANCE and/or the City pursuant to this Agreement.
(3) ALLIANCE may also prepare and submit other grant applications for funding the
Shuttle Programs, should such funding opportunities arise and be deemed by both
ALLIANCE and City to be appropriate for the Shuttle Progtams.
(4) City shall cooperate with and assist ALLIANCE in the preparation of these reports
and funding applications.
(b) Shuttle Programs Promotion:
(1) On a regular basis, ALLIANCE will solicit new employer and community
involvement in the Shuttle Programs and promote new ridership by employees and
citizens.
(c) Logistical Maintenance:
(1) ALLIANCE shall coordinate Shuttle Schedule adjustments with the Shuttle
Operator, SamTrans, and the City.
(2) ALLIANCE will, from time to time, conduct periodic meetings with the City,
SamTrans, and interested community members to discuss improvements to the
Shuttle Programs and address other TDM issues.
(d) Ridership Maintenance:
(1) ALLIANCE shall collect and compile ridership data from the Shuttle Operators and
may, from time to time, conduct periodic ridership surveys and on-board checks, at
least as often as required by the Agreements between the City and SamTrans.
(2) ALLIANCE shall be designated the point of contact for problem solving for shuttle
riders and the Shuttle Operator, and will keep the City informed of these contacts
including but not limited to the nature of the problem(s) and step(s) taken to
reconcile such problems.
(e) Changes in Level of Service:
If, on the basis of its surveys, promotional activities, and communications with citizens,
businesses, the City, and SamTrans, ALLIANCE concludes that there is an immediate need
to increase or decrease the ridership capacity of the Shuttle Program, ALLIANCE shall
promptly notify City of the proposed changes in levels of service ALLIANCE believes are
necessary, and the parties shall meet and investigate the feasibility of implementing such
increases or/decreases. However, no change in the existing level of service provided by the
2
2
Shuttle Programs shall be made by ALLIANCE without the prior written agreement of
City.
Responsibilities of City. City shall perform the following responsibilities in connection with
the operation of the Shuttle Program:
(a) City shall remain the fiscal agent for the Shuttle Programs and maintain all financial
records for the Programs.
(b) City shall remain as the contracting party under the Funding Agreement, and will act
as the contracting party under any other agreement with a funding agency providing
grant money for operation of the Shuttle Programs. City will also act as the
contracting party under the agreement with the Operator(s) selected by the City to
operate the Shuttle Programs.
(c) City shall receive and deposit all grant moneys collected from SamTrans. All
receipts for the Shuttle Programs shall be credited by City as a book entry to the
Shuttle Account, but City shall not be required to establish a separate fund and all
receipts shall be deposited into, and all Program expenses shall be disbursed from
City's General Fund.
(d) City shall be responsible for payment of costs which are owed to the Shuttle
Operator(s) under the terms of the vendor agreement between City and the
Operator(s) for the Shuttle Programs. ALLIANCE acknowledges that it has no
power or authority to modify or amend the terms of such agreement, including, but
not limited to, the levels of service specified therein.
(e) City shall cooperate with and assist ALLIANCE in the preparation and timely
submittal of all reports that may be required under the terms of any funding
agreements for the Shuttle Programs including but not limited to reapplying to
SamTrans on behalf of City for grant funds in future years, the preparation of
application forms with the statistical and operating information that may be required
in connection therewith to the extent that information to be included in the
applications must be obtained from the records for the Shuttle Programs maintained
by City pursuant to this Agreement.
(0 City will cooperate with ALLIANCE in the preparation of grant applications for
continuance of funding for the Shuttle Programs or grant funds to finance increases
or improvements in the levels of service provided by the Shuttle Programs.
(g) City will, from time to time, assist ALLIANCE in the conduct of marketing and
promotion activities for the Shuttle Program, contingent upon the availability of
capacity to handle any increased ridership that may result from such efforts.
J
Shuttle Management Agreement December 21,2001
(h) The parties acknowledge that ALLIANCE is not intended to be a source of grant
funds or loans for the Shuttle Program, and it is not the intention of this Agreement
to obligate ALLIANCE to provide continuing financing for any operating deficits of
the Shuttle Programs.
3. Determination of Annual OperatingProgram and Budget:
(a) City and ALLIANCE shall meet during the first quarter of each calendar year to
establish the budget and operating program for the next fiscal year, which shall run
from July t" to June 30'h. The budget shall be based upon the amount of grant
funding which has been awarded to City by SamTrans and any other funding
agencies. The budget and operating program shall be approved in writing by the City
Manager of City and the Executive Director of ALLIANCE and the budget and
operating program shall not thereafter be modified without the written approval of
both parties.
(b) If the Operator, ALLIANCE and/or City contemplate any change in the level of
service, type of service or cost of service during the next fiscal year which results in
an increase in the total amount of operating expenses for the Shuttle Program, such
change(s) shall not be implemented until all funding for payment of the cost thereof
has been obtained or assured to the satisfaction of City.
Mutual Indemnification :
(a)Neither City nor any officer or employee of City shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by
ALLIANCE in the performance of its duties and responsibilities under this
Agreement. Pursuant to Government Code Section 895. ,ALLIANCE shall fully
indemnify, defend, and hold City harmless from any liability imposed for injury (as
defined in Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by ALLIANCE in the performance of its duties and
responsibilities under this Agreement.
Neither ALLIANCE nor any officer or employee of ALLIANCE shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be
done by City in the performance of its duties and responsibilities under this
Agreement. Pursuant to Government Code Section 895.4, City shall fully indemnify,
defend, and hold ALLIANCE harmless from any liability imposed for injury (as
defined in Govemment code Section 810.8) occurring by reason of anything done
omitted to be done by City in the performance of its duties and responsibilities under
this Agreement.
4.
(b)
Modification or Termination of Agreement: This Agreement can be modified only by a written
amendment hereto duly executed by both of the parties. This Agreement shall remain in effect
4
5
Shuttle Management Agreement December 21,2001
6.
until terminated by either party giving not less than sixty (60) days written notice of termination
to the other party.
Prior Agreement: This Agreement shall supersede and cancel the Existing Management
Agreement and the same is declared to be of no further force or effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
CITY OF BURLINGAME Peninsula Traffic Congestion Relief Alliance
By 41*
Attest:Approved as to form:
City Clerk City Attorney
By
5
Shuttle Management Agreement December 21,2001
STAFF REPORT
HONORABLE MAYOR AND C]TY COUNCIL
January Ll,2002
PUBLIC WORKS
AGENDA
ITEM #
MTG.
8a
1t23to2
TO:
DATE:
FROM
SUBMITT
BY
APPROVED
BY
SUBJECT: RESOLUTION AWARDING THE BURLINGAME GROVEWAT MAIN REPLACEMENT PROJECT-
PHASE 2 CITY PRO JECT NO. 80320
RECOMMENDATION: It is recommended that Council approve the attached resolution awarding the subject project tos.G.Barber construction, Inc. of Belmont in the amount of $2g5,g50.
BACKGROUND: This project consists of the replacement of an existing water main along the 1300 and 1400 blocks ofCapuchino Avenue and Paloma Avenue with a 6' PVC pipe and the 13b0 block of Grove Avenue with a g" pVC pipe.
These sections of main has been selected because of their poor pipe condition, numerous breaks and high maintenancecosts. The project also includes replacement of valves, firi -hydrants,
and reconnections to exisiing piping onperpendicular streets and house meters.
The project was advertised for bids. Bids were opened on January 3,2002 and eleven bids were received ranging from
$285,850 to $486,234. S.G. Barber Construction is ttre low bidder with its bid amount being34% below the engineer,s
estimate.
S.G. Barber Construction has been working under the present business name for about24 years. The Contractor hasworked within the City for other utilities such as Pacific Bell and Sprint but not for the City itself. The contractors
references were contacted and confirm that S.G.Barber Construction d-oes have experience in constructing water utilities.After consideration of the work proposed and the qualifications of the Contractor, sltaff has determined thal the Contractor
has performed similar work and is qualified, therefore, staff recommends that Council award the project to S.G. Barber
Construction.
Staff is requesting that Council increase the projects contingency to twenty five percent so that we might replace additional
sections of water main at these favorable prices.
EXHIBITS: Resolution, Bid Summary
BUDGET IMPACT: The estimated costs for this project are as follows:
Project Expenditures:Construction $285,g50Contingencies 71,000
Staff Design & Admin. 30,000
Additional inspection services 20.000TOTAL $,1116,850
Funds are available for this project from the Capital budget.
Jim
Manager
c: City Clerk, Fin4nce, S.G.Barber Construction. Inc.
S:\A Public Works Directory\Saff Reports\80320.STF.wpd
edOenhe O.rJ&t.20ol
EIO O€IERIPNOilOFITEi/I
CITY OF BURLINGAME, CALIFORNIA
BID SUMMARY
BURLTNGAIVIE GROVE WATER LINE REPIACEMENT, PFIASE 2
CITY PROJECT NO.8O32O
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STAFF REPORT
HONORABLE MAYOR AND CITY COUNCIL SUBM
AGENDA
ITEM #
MTG.
DATE
1t23to2
8b
TO:
DATE:
FROM:
BYJANUARY 14, 2OO2
PUBLIC WORKS BY
sUBJECT: RESOLUTION AUTHORIZING DIRECTOR OF PUBLIC KS TO ACCEPT THE GRANT
DEEDS FOR PEDESTRIAN EASEMENTS AT 1041 AND 1049 BROADWAY.
RECOMMENDATION: Staffrecommends that Council approve the attached resolution authorizing the Director
of Public Works to accept the grant deeds for pedestrian easements at l04l Broadway (APN 026-rT-020) and
1049 Broadway (APN 026-233-110).
BACKGROUND: As part of the conditions for approval of the private development project for a new parking lotatl}4l and 1049 Broadway, the applicants, Donald and Nancy Tateosian, were requirid io grant the three attached
easements to the City for public pedestrian sidewalk use and maintenance access. An existing portion of a public
sidewalk along Broadway lies in two private properties at 1 041 and I 049 Broadway. The first t'wo easements will
bring the existing public sidewalk within the city's right ofway. The first easement atl14l Broadway varies from
1.9 feet to 3.9 feet in width and the second easement (located within 1049 Broadway) varies from Oft to 3.9 feet
in width. The third easement grant, 10.6 feet wide by 10.6 feet long, will provide maintenance access to the
existing fire hydrant located at the comer of Broadway and Carolan Avenue within the 1049 Broadway site.
The applicants have agreed to accept responsibility for all maintenance and repair of the sidewalk and easement
areas.
EXHIBITS: Resolutions (2)
Grant Deed for Pedestrian Easements at l04l and 1049 Broadway
P.E.
c:City Clerk, City Attorney, Applicant
City
lllzllzW Ol:5ttP ES Fcc:13.6
Pagc I of 3
Recorded ln Officlal Records
County of San llateo
ocLrcrk-RccordereclnA
When recorded mail to:
CityCle*
City of Burling:une
5Ol PrimroseRoad
Burlingarne, Califomia 94010
ililil ilillr ilil tilt ilil uil til tffit fill ll]
APN:026-2334211
GRAhIT Dr.r.D FOR PFnESTRJAN r ^ ST.MEI\IT
THE DONALD D- AND NAf'rcY L. TATEOSIAN REVOCABLE IRUST, Dmald D. Tareosim
and Nmcy L. TateosiaU Tnrstoes, as oums of the real p,roperty at l(}lt Brmdway, Burtingame, Catiforni4
hereby grants to the CITY oF BLTRLINGAIUE, a municipal oorpaatio ('{Ity"), a pedesrian easement
on' over along and in that certain paroet ofreal property situatg lyiag and being in the City of Burlingarng
Cormty of San Matco' State of Califomra as gcneratly shown in Erfiibit A hereto, and as more partiarlarly
described in Exhibit B hereto, to have and to hold for the purpose of pruic pedestrian use as part of thepublic sidewalk system.
Granlor further agrees and @vqranls that it shall be responsible for all maintenance and repair of
the sidewalk and easement arca and shall keep it in a condition safe for @estrian use at all times, and that
City shall have no responsibility or liability for the safety, maintanan@, or repair of the easement area
This Grant shall run with the land and bind and inure to the benefit of and shall be binding on the
respective heirs, personal relresentatives, suocessorc, and assigns ofthe parties hereo.
This Grant shall be recorded in the official documents of rhe San tvrateo C-ormty Recorder.
Exeqrted qr Califmnia
THE DONALD D. AND NAI{CY L. TATEOSIAN REVOCABLE TRUST
DONALD D. TATEOSIAN,TRUSTEE
Aclcrowledgment
Sateof California
Courty of San N{ateo
On D€,
%
personalty appearcd Donald D. Tateosian and Nancy L Tateosian, proved to me on the basis of satisfuory
evidence to bethepersons whosenames are subccribed to ttp within instrumentand rckrowledged to methey executed the same in their au&orized capacities a"d that by their signanrrcs on the irutrument the€ntity tpon behalf of which the persons acted, execuled the instrumenr
6
JACKIE RONSO}I
Comm.lll67513
iloIAnY Pt stlc -cAuf0RtatA
San ilaleo
lly Corm. ErPites
Colxlty
Jao.18.2ffi2
Witness my hand and official seal.
SK-
3.1
EASEMENT
PLAT
t
htJ(,
45.
.90 1 5 'oo
E
'l "=1O'€
@qf,
Y
.}<LJo6
t{
NIf.-
o3
tf;t:d8
o!0!fi:
LANDS OF TATEOSIN'I
o.R.89141850
026-233-O20 a
EA,SEilENTE-a
,5 'oo w
IGVAI{AGH ENCINEERING
708 CAROI.AI.I AVENUE
BURUNGA,IE, CA 9,rc1o
(650) s7e-re,+,+
62i26'oo" E
9-26-Ol 0139 HARVEY
TO
CAROI,AN AVE.I
No- 20858
Erp.9-JO-05
L.
-cwt
+
EXHIBIT A
FROPffiD
,>"
5*F>.a
oq
n?
S
O'l39harv.z-3
01.0926
LEGAL DESCRIPTION OF EASEMENT EZ-3
TATEOSIAN TO CITY OF BURLINGAME
A portion of the lands of Tateosian described as Parcel 1 in that deed reorded
October 24, 1989 at O.R. 891418$, Official Records of San Mateo County, Catifornia,
particularly desoibed as follors:
Beginning at the most westerly comer of said Parcel 1; thence along the northwesterly
line of said Pareel 1, being also the southeasterly line of Broachvay described in that
deed recorded February 29, 1956 in Book 2976 Official Records at Page 591,
N 48' 48' 25 E (given as N 48' 48' E in said deeds) 81.65 feet; thence leaving said
line S 45" 15' 00" E 1.90 feet; thence S 44" 45' OO" W 35.OOfeet; thence
N45" 15'00"W 4.mfeet; thenceS44" 41t 15 W 45.29feettothesouthwesterlyline
of said Parcel 1; thence atong said southwesterly line N 62" %' OO" W 3.90 feet to the
Point of Beginning.
Containing 203 square feet more or less.
Prepared by:
il--t::d8..
8iFf{:n
d
N
0
ls
€
Charles L. Kavanagh, RCE 20858
KAVAIIAGH ENG|NEERING
7(E Cadan Are. (650) 5/91944
Bul&Eante. Ca"Wlunll
No.20858
Exp. 930O5
L
Ct ylL
**
Or
EXIITBTT B
sK-3.2
When recorded mail to:
City Clerk
City of Burlingame
501 Primrose Road
Bwlingame, Califomia 94 01 0
- - ittzttzc/n ol:54P ES Fee:16'oo
Page I of tl
Recordcd tn OCftcfal Rccords
CountY of San llatco
Llarrcn Slocua
R".o.e:e'a;"f, ilELft lxrEi'i[,Ei'":-::.1. -. . -
illillillll llllll ill lllll llll lllllll il lltl ill llll
APN:026-233-110
GRANT NEED FOR PEDESTRIAN EASEMENTS
THE DONALD D. AND NANCY L. TATEOSIAN REVOCABLE TRUST, Donald D. Tateosim
and Nancy L. Tateosian, Trustees, as owner of the real property at 1049 Broadway, Burlingamg California
hereby grans to the CITY OF BLTRLINGAME a municipal coqrcrarion ("City'), pedestrian easemenrs on,
over along and in that certain parcel of real property situate, lying and being in the City of Burlingame,
Cormty of San Mateo, State of California, as generally shown in Exhibit A hereto, and as more particularly
described in Exhibit B and Exhibit C hereto, to have and to hold for the purpose of prblic @estrian use as
part of the prblic sidewalk system.
Granor further agrees and covenants ttrat it shall be responsible for all maintenance and repair of
the sidewalk and easement area, and shall keep it in a condition safe for pedestrian use at all times, and that
City shall have no responsibility or liability for the safety, maintenance, or repair of the easernent area-
This Grant shall run with the tand and bind and inure to the benefit of and shall be binding on the
respective heirs, personal representatives, successors, and assigrs ofthe parties hereto.
This Grant shall be recorded in the official documents of the San lv{ateo County Recorder.
Executed on a-/2a California.
TIIE DONALD D. AND NANCY L. TATEOSIAN REVOCABLE TRUST
DONALD D. TATEOSIAN,NANCY L.TRUSTEE
Acknowledgment
State of C-alifornia
C-omty of Sam lvlateo
JL*froi
penonally appeared Donald D. Tateosian and Nancy L. Tateosian, proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed io the within instnrment and acknowledged to me
they executed the same in their authorized capacities and that by their signatures on the instrument the
entity upon behalf of which the persons acted, executed the instrument.
JACKIE RONSON
Comm $ 1 167513
}IOTATY PUBTIC cAl.lF0BlllA
Sa5 Maleo CountY
r Jan. i8, 200?
m
Witne.ss my hand and official seal.
tly Comm
ll
UJ
lr
,fr
o"Znt-an, z/, Z!r(d,.*", k a&au,r0-hL-
s62.26'oo" E
3.90'
nI 1
ENGINEER!NG
0
PROPOSED
EASEMENT
EZ-4
\
0
f{
0t\!a
030
d;-.Gro
I _orilS..o{tu!a
N=r
-
-
-
-
-
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@
E,bJ
FDo
€
cluf,
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tlll.lOrol?l?r.olf\lst1
zlM
m
b
@
I.ANDS OF TATEOSIAN
o.R.89141848
026-233-l t0
_ s 5622o!f_E_
N 6t 26 w
10-23-01
9-26-O1
REVTSED tZ.-s/c,L.K,
I
I
I
I
I 10.60'
o(O
C)
t-+
o1
(.
7OE CARq.A}.I AVENUE
EURUNGATIE. GA 94010(6so) s79-1e44 CAROI"AI{ AVE.
No. 2O858
Exp. 9-30-Gi
EASEMENT
PI,A,.7
SK-
4.1
EXi{IBIT A
1
I
I
0139harv.z4
01.0926
LEGAL DESCRIPTION OF EASEMENT EZ-4
TATEOSIAN TO CIry OF BURLINGAME
A portion of the lands of Tateosian described as Parcel 2 in that deed recorded
October 24, 1989 at O.R. 89141848, Official Records of San Mateo County, California,
particularly described as follows:
Beginning at the most northerly comer of said Parcel 2, said corner being on the
southeasterly line of Broadway as described in that deed recorded September 22, 1928
in Book 376 Official Records at Page 135; thence along the northeasterly line of said
Parepul2 S 62" 26' 00" E 3.90 feet; thence S 44' 37' 09" E 20.20 feet to the
northwesterly line of said Pare.el 2; thence along said line N 33" 33' 00" E 'l 9.42 feet
to the Point of Beginning.
Containing 38 square feet more or less.
Prepared by:
0
N
0
$s"
t{: -t:;
r{3 .-
8iF
N:ffi
(
Charles L. Kavanagh, RCE 20858
KAVANAGH ENGINEERING
70E ca.olan Ave- (650) 5791944
Surli.Eame, Ca. 94OlG271 1
No. 20858
Exp.93G05
L
o(.)
ct VIL
rn7
**
E
OF CAL\T
EXIIIBIT B SK4.2
0139harv.2-5
o't.1023
LEGAL DESCRIPTION OF EASEMENT EZ.s
TATEOSIAN TO CIry OF BURLINGAME
A portion of the lands of Tateosian described as Parcel 1 in that deed recorded October
24, 1989 at O.R. 89'141848, Official Records of San Mateo County, Califomia,
particularly described as follows:
Beginning at the northerly curve point of the land described in that deed from Tateosian
to City of Burlingame recorded February 23, 1990 at O.R. 90025281, said point being on
the southeasterly line of Broadway as described in that deed recrrded September 22,
1928 in Book 376 Official Records at Page 1 35; thence along the easterly line of the
land of said O.R. 9002528'l on a curve to the left with a radial bearing S 56" 27'00" E,
radius 1 0.60 feet, central angle 95" 59' 00", an arc length of 17 .76 teet; thence leaving
said line of O.R. 90025281 on a radial bearing N 27" U' 00" E 10.60 feel; thence on a
radial bearing N 56" 27' 00" W 10.60 feet to the Point of Beginning.
Containing 94 square feet more or less.
Prepared by:
o
N
0
[fr.
d:-t::
!{8 ..
8ii
N:E
e.
Charles L. Kavanagh, RC 20858
KAVANAGH ENGINEERING
708 Carobn AE. (eiq 57St9,14
Burlngarne, Ca. gilol(}.27l'l
No.20858
Exp. $3O05
L
a
cruL
**
OF
EXHIBI? C
sK-s.1
I
STAFF REPORT
HOIYORABLE MAYOR AI\D CITY COUNCIL
January 14,2002
AGENDA
ITEM #
MTG.
DATE r/23/2002
8c
lTO:
DATE:
BY
BYFRoM: Rahn Becker, Assistant City Manager/
Administrative Services Director
650-558-7222
SLJBJECT: Resolution Amending Agreement with Parking Corporation of America Shuttle Seryice
(To Add BART Shuttle)
RECOMMENDATION: Approve the resolution amending agreement to add BART Shuttle.
BACKGROUND: Council has approved the grant for the new BART shuttle. Our current shuttle operator,
Parking Corporation of America, has provided a quote for the additional shuttle. The cost will be $57.69 per
hour, and this is less than the current budgeted amount in the grffit, and is the standard rate for SarnTransbus
shuttles.
The amended contract is in the second year of a three-year contract. The BART shuttle will conform to this
term or the termination of the grant, whichever is sooner.
ATTACHMENTS: Resolution
Proposal
I
December 21, 20Ol
Rohn Becker
City of Burlingome
501 Primrose Rood
Burlingome, CA 94010
RE: PROPOSAL FOR THE CITY OF BURLINGAME BART SHUILES
Deor Rohn;
Thonk you for ollowing Porking Compony of Americo Monogement, LLC, the opportunity lo submil o proposol to
provide Bqrt shuttle service lo the City of Burlingome.
Poking Compony of Americo is o minority-owned Limited Liobility Compony thol monoges porking ond
tronsportolion services for mony privote ond municipol ogencies in Colifornio ond lhe Uniled Stotes. We hove been
providing porking ond tronsportotion monogement services for more thon 35 yeors.
Our Compony provides o strong centrol monogemenl teom to ensure continuity in oll operotions. The mojor
objeclives of our Compony ore to moinloin on occurole sptem of lronsportolion ond fleel monogement, while
mointoining excellent public relotions, efficient ond prompt service with the involvemenl of our enlire teom. At
Porking Compony of Americo, we moximize efficiency in oll focets of lronsporlolion services, while ensuring
effective customer seMce
We would like to provide I bus lo operote between the Colmo Bort stolion ond lhe City of Burlingome ol o role
of $ 57.69 per hour bosed on o minimum of 6 hours per doy. This is our slondord conlroct rote wilh
Somtrons for Bort shuttles.
Should you hove ony queslions, pleose feel ftee to conloct me ol (415) 74+9966 or emoil:
bwotson@po*inqcomponv.com.
'7,"u-l*,{,)
Bob Wolson
PARKING COIAPANY OF AMERICA IAANAGEI,tENI, LIC
Aampaml al Ar.nerica
STAFF REPORT
AGENDA
ITEM #
MTG.
DATE 1t23t2002
TO: Honorable Mayor and Council
DATE: January 15.2002
FROM: Larry E. Anderson. City Attorney
AUTHORIZE CITY ATTORNEY TO JOIN IN AMICUS CURIAE BRIEF IN EISTBURN VS.
REGIONAL FIRE PROTECTION DTSTRTCT (E,029463\ AT NO COST TO CrrY
S
BY
BY
SUBJECT:
RECOMMENDATION:
Authorize joinder in amicus curiae brief at no cost to the City in, which is now pending before the California
Court of Appeal.
DISCUSSION:
As people seek to assign responsibility to others for their injuries or property damage, government and its
taxpayers are often the natural target. This case involves a minor who was electrocuted while taking a bath.
Her parents called 9-1-1, and now allege that the response by the dispatcher and the paramedics was
unnecessarily slow, which caused the minor increased injury.
The trial court dismissed the lawsuit, and the parents have appealed the decision
The case squarely presents the issue as to whether emergency dispatch services create a "special relationship"
with an injury victim, and should dispatch services and paramedic responses be subject to second-guessing by
plaintiffs' experts and courts. The State Legislature has established a standard of "gross negligence" in deciding
whether an emergency responder should be liable for such events.
9-l-1 participation is required of all cities. This case presents a compelling argument for providing disclaimers
with every dispatch.
It is recommended that the City join other members of the League of California Cities in the amicus brief at no
cost to the City.
U
Agenda ltem _g
Meeting Date -L /23 / 2oo2$2,532,613.87
Ck. No. 80088 - 80498
RECOMMENDED FOR AYMENT APPROVED FOR PAYMENT
Payroll for December 2OO1
$1,528,666.35
Ck. No. 144011 - 144869
*EFTS for December 2OO1
$375,103.70
-ELECTRONIC FUNDS TRANSFERS
EFT'S INCLUDE: State Withhotding
SDI (State Disabitity)
PERS- Heatth Benefits
Retirement
I
SIFINEXCEL\MISCELLANEOUS\COUNCILCKS.XLS
The City of Burlingame
CITY HALL - 501 PRIMROSE ROAD
cALtFORN|A 94010-3997
www.burlingame.org
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, January 10, 2002
Commissioners Present: Jim Mclver, Chair
Jim Evans, Vice Chair
Russ Cohen
Lisa De Angel,s
Commissioners Absent: David Mayer
Staff Present:Frank Erbacher, Assistant Director of Public Works
Homayoun Barekat, Traffic Engineer, Public Works
Doris Mortensen, Administrative Secretary, Public Works
Dawn Cutler, Traffic Sergeant, Police Department
Jennifer PfaE 615 Bayswater Avenue, Burlingame
Beale Quinn, 129 Occidental Avenue, Burlingame
Staff Absent: Keith Marshall, Fire Marshal, Fire Departrnent
Visitors:
W
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, January 10, 2002
l. CALL TO ORDER. 7:00 p.m. by Chair Mclver.
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. ROLL CALL. 4 of 5 Commissioners were present.
4. CURRENTBUSINESS.
4.1 ACTION ITEMS.
4.1.1 Minutes for December 13, 2001, were submitted and approved.
4.2 DISCUSSION ITEMS
4.2.1 Residential Traf|rc Calming Program Study - Proposed Stttdy Outline
Mr. Barekat stated there were a few changes made due to last month's comments; and although
the sketches are not yet completed, if the Cornmission approves the outline, it will be presented
for Council approval next month. The Commission will receive a full copy of the memo to
Council before Council meets. Chair Mclver suggested tlnt the Commission be kept in the loop
in approving the various stages of this program; e.g., in the frst paragraph include TSPC
approval and in Nos. 2 & 3 for speed humps. Mr. Erbacher advised, however, that the
Commission will not become involved with safety removals since they may need to be effected
immediately if the traffic calming device is a liability. He further explained some of the thought
processes involved in preparing the oufline. Mr. Barekat stated that in voting, only one vote per
residence will be counted. If they don't vote, they will not be included in total number of
residents. Chair Mclver stated that Mr. Barekat had done an excellent job in preparing the
outline. It was moved and seconded (Com6s. Evans/DeAngelis) to recommend to Council to
approve the Residential Traffic Calming Program Policy arxl the Speed Hump Policy as prepared
by City Engineering staff. Unanimously approved by the Commission. Mr. Erbacher advised that
the traffic snlming program will be added to the City's website when completed.
From the floor, the petitioner for Bayswater Avenue asked when money would be budgeted for this
pro$am. Mr. Erbacher advised that when saff starts identi$ing budget needs for the new fiscal
year, this item will be added for Council review and approval.
5. ACKNOWLEDGMENTOFNEWITEMS
5.1 Petition from Bayswater & Howard residents requesting a traffc study of the area to determine
whether traffrc-cakning measures are warranted
See 4.2.1 above. Also, Sgt. Cutler submitted Selective Enforcement rettJIs for last month. Fourteen
traffic stops were made on Howard and eight stops on Bayswater.
The City ol Bulingame Page 2
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, January 10, 2002
5.2 Howard Avenue - Speed and Trucks (e-mail)
See 4.2.1 above.
5.3 3138 Rivera - Speed and Signage (e-mail)
Mr. Erbacher has not heard from this petitioner.
5.4 1300 Block of Vancouver Avenue - Speed Concerns (petition)
See 4.2.1 above.
5.5 2415 Adeline Drive - Letter regarding Traffic Concerns relateoto Sisters of Mercy Locale
Staffprovided a copy of a letterto the petitioner from the City Manager.
5.6 1710 Trousdale Drive - Blue HandicappedZone in front of rarnp
Mr. Barekat advised that the petitioner relocated their ramp to the side and requests a handicap space
at the end of the ramp. The petitioner was not present to discuss.
6. FROM TI{E FLOOR
6.1 Potential request for a traffic calming device for 100 block of Occidental
Mr. Barekat advised that the resident for this request was present; however, she had to leave the meeting
early.
7. INFORMATION ITEMS
7.1 From Staflto Commission
7 .1.2 Traffrc Engineer's Report
Mr. Barekat advised that the City will be going out to bid in mid to late February for the Carmelita
Avenue/Califomia Drive traffrc signal project which will be part of the Broadway signal
interconnection. Construction is expected to begin in March.
Mr. Barekat also advised that he will attend the Northern California Traffrc Calming Users Group
meeting next week and vrill report back next month.
The City of Burlingame Page 3
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, January 10, 2002
7.1.3 StaffAction Log
Mr. Barekat advised that the petitioners who requested a red zone on Poppy Drive at the December
meeting have agreed to a white zone as recommended and approved by the Commission.
7.2 From Commission to Staff
7.2.1.1 Sgt. Cutler advised that 90% ofthe parking meters accept all coins. The 9- and l0-
hour meters only accept quarters due to coin box space. The cost ofthe meters is $380, plus
the pole and installation costs. The City has 2.5 full time and 2 part time parking enforcem":nt
offrcers with an active requisition for I more frrll time and I more part time officers.
7.2.2 Comments and communication
7 .2.3 Expected absences of Commissioners at the Thursday, February 14, 2002 meeting
Sgt. Cutler will not be available. Officer Tamura will attend in February.
8. INACTIVEITEMS,
8.1 Request for trafiic control on Dwight Road
Mr. Erbacher advised that one of the residents is a designer and will be ready to discuss layout ofthe
gateway treatment soon. He advised also that he met with City of San Mateo for their input on
modi$ing the traffic signal at Peninsula/Dwight/Delaware.
8.2 Millbrae BART Station - Potential Impacts on City streets
8.3 Request for speed limit and truck weight limit enforcement, a traffic signal on Trousdale Drive at
Skyline Boulevard, STOP sign on Trousdale Drive at Loyola Drive and STOP sign on Trousdale
at Quesada Way. Results of Traffic Data Gathering - Speed limits
Chair Mclver commended the Police Department in their endeavor to monitor speed. Sgt. Cutler
advised they will continue monitoring at least two more months in hopes of reducing the speed limit.
She also submitted the montl y Se/e ctive Enforcement Report which showed there were 13 citations
issued, down from 16 last month. Also, 13 verbal wamings were issued.
9. AGENDIZE FOR THE NEXT MEETING - Item 5.6 to Discussion next month
10. ADJOURNMENT. 8:00p.m.
The CW of Bulingame Page 4
7.2.1 Reports of citizen complaints or requests
CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES
501 Primrose Road, Burlingame, CA
January 14,2002
Council Chambers
L CALL TO ORDER
II. ROLL CALL
III. MINUTES
ry. APPROVAL OF AGEI\DA There were no changes to the agenda.
V. FROM THE FLOOR There were no public comments.
YI. STUDY ITEMS
Chairman Vistica called the January 14, 2002, regular meeting of the
Planning Commission to order at 7:03 p.m.
Present: Commissioners Auran, Brownrigg, Keele, Keighran, , Osterling and
Vistica
Absent: Commissioners Boju6s
StaffPresent: City Planner, Margaret Monroe; Planner, Ruben Hurin; City
Attorney, Larry Anderson; City Engineer, Syed Murtuza
C. Boju6s arrived 7:06 p.m.
Chair Vistica noted that there were three sets of minutes included in the
packet: November 28, 2001 Joint Planning Commission/City Council
meeting, December 10,2001 Planning Commission meeting, and
December 19,2001Planning Commission Special Meeting. He asked if
Commission or staffwished to make any corrections. It was noted that on
the December l0 minutes item 7 on page 6, Vice Chair Keighran called for
a roll call vote, Chairman Vistica had abstained on the item. The
correction was noted and the three sets of minutes were approved as
mailed with the correction to the December 10, 2001 minutes.
1 401 PRTMROSE ROAD, StlrrB K - ZONED C-1, SUBAREA 81 - APPLICATION FOR
CONDITIONAL USE PERMIT FOR A REAL ESTATE USE (DOJI LLAMAS, APPLICANT; MAURICE
COHN. PROPERTY OWNER) PROJECT PLA ERIKA LEWIT
CP Monroe presented a sunmary of the staff report. Commissioners asked: the applicant should clariffthe
week end useage since the application indicates none but the commercial application form handed out
tonight indicates 7 amto 7 pm week end useage; what were the number of people on site with the previous
real estate use and engineering firm; will this company have large group meetings , will they be held
regularly, when will the meetings be and how do they anticipate accommodating the parking; seems to be a
substantial increase in real estate use in this area, there is a clear parking deficient shown by the city's
parking study, should the commission be considering charging an in lieu fee forparking not provided; would
like to see a condition that requires this use permit to have a required review for compliance with its
conditions in two years. There were no other comments.
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City of Burlingame Planning Commission Unapproved Minutes January 14,2002
This item was set for the regular action calendar when all the information has been submitted and reviewed
by the Planning Department. This item concluded at 7:12 p.m.
330 PRIMROSE ROAD, SUITE 512 - ZONED C-1, SUBAREA 81 - APPLICATION FOR
CONDITIONAL USE PERMIT FOR A REAL ESTATE USE (MLLIAM GILMARTIN, APPLICANT;
PRIMROSE PLAZA PARTNERS. PROPERTY OWNER) PROJECT PLANNER: SEAN O,ROURKE
CP Monroe presented a srunmary of the staff report. Commissioners asked: is there aparking deficiency in
the Parking Study zone where this business is proposing to locate; when will this real estate business's
weekly meeting be, how many people will attend, what time of day will it be scheduled. There were no
further questions.
This item was set for the regular action calendar when all the information has been submitted and reviewed
by the Planning Department. This item concluded at 7:14 p.m.
VII. ACTION ITEMS
CONSENT CALENDAR - ITEMSONTHECONSENTCALENDARARECONSIDEREDTOBEROWNE. THEYARE
ACTED ON SIMULTANEOUSLY UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY THE APPLICANT,
A MEMBER OF THE PUBLIC OR A COMMISSIONER PNOR TO THE TIME THE COMMISSION VOTES ON THE MOTION
TO ADOPT.
Chairman Vistica asked if anyone in the audience or on the Commission wished to call any item off the
consent calendar. Jerry Wentwort a neighbor asked that229 Dwight Road be removed for a clarification.
Chariman Vistica set229 Dwight Road as the first item on the regular action calendar.
3b. 1448 BURLINGAME AVENUE _ ZONED C-l SUBAREA A - APPLICATION FOR CONDITIONAL
USE PERMIT FOR A FOOD ESTABLISHMENT IN THE BURLINGAME AVENUE COMMERCIAL
AREA (HOLA! MEXICAN RESTAURANT AND CANTINA, APPLICANT; JAMES P. AND RUTH
MODISETTE.OWNERS) PROJECT RUBEN HURIN
C. Keighran moved approval of the remaining consent calendar based on the facts in the staff repoC; ". ,,,
commissioners comments and the findings in the staff report with recommended conditions in the staff
report and by resolution. The motion was seconded by C. Osterling. Chairman Vistica called for a voice
vote on the motion and it passed 7-0. Appeal procedures were advised. This item concluded at 7:16 p.m.
V[I. REGULAR ACTION ITEM
229 DWIGHT ROAD _ ZONED R.l _ APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMIT FOR GARAGE LENGTH AND TO REDUCE THE NUMBER OF COVERED PARKING
SPACES FOR A FIRST AND SECOND STORY ADDITION (JOHN MANISCALCO, APPLICANT AND
ARCHITECT: RICK ESCOBAR. PROPERTY OWNER) PROJECT PLANNER: ERIKA LEWIT
Reference staff report ,l.l4.02,with attachments. Planner Hurin presented the report, reviewed criteria and
staff comments. Five conditions were suggested for consideration.
3a.
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City of Burlingame Planning Commission Unapproved Minutes Januory 14, 2002
Chairman Vistica opened the public hearing. Rick Escobar, property owner, noted that he was available to
answer questions. He would like to make garage larger.
4.
Gerry Wentworth, 516 Burlingame Avenue, noted that there is a large recreational vehicle (RV) parked in
the driveway and asked if the new garage is being built to accommodate the RV? The property owner noted
that he inherited the large 35' long RV, is currently trying to get rid of the RV and buy a smaller trailer, RV
is way too big to fit into the proposed garage, garage will be built according to the plans. There were no
further comments and the public hearing was closed.
C. Osterling moved to approve the application based on the facts in the staff report and presented at the
meeting,byresolution,withthefollowingconditions: 1)thattheprojectshallbebuiltasshownontheplans
submiued to the Planning Department date stampedNovember 30, 2}}I,sheets Al.l through A2.2,A3.1,
A3.3, and date stamped January 4, 2002, sheets A2.3 and A3.2,and that any changes to the footprint or floor
area of the building shall require and amendment to this perrnit;2) thatany changes to the size or envelope
of the basement, first or second floors, which would include adding or enlarging a dormer(s), moving or
changing windows and architectural features or changing the roof height or pitch, shall be subject to deslgn
review; 3) that the conditions of the City Engineer's, Chief Building Officiul's, Fire Iviarshal's, and
Recycling Specialist's August 6,2001, memos shall be met; 4) that the project shall comply with the
proposed demolition and construction recycling ordinance recently approved by the City Council; and 5) that
the project shall meet all the requirements of the Califomia Building Code and California Fire Code, 1998
edition, as amended by the City of Burlingame. The motion was seconded by C. Brownrigg.
Chairman Vistica called for a voice vote on the motion to approve. The motion passed 7-0. Appeal
procedures were advised. This item concluded at 7:22 p.m.
840 IYEWHALL ROAD - ZONED R.l - APPLICATION FOR DESIGN REVIEW, FRONT SETBACK
VAITIANCE, AND SPECTAL PERMIT FOR DETACHED GARAGE WIDTH FORA NEW TWO-STORY
SINGLE FAMILY DWELLING AND DETACHED GARAGE (JERRY
APPLICANT AND DESIGNER; ROBERT AND GERMAIN ALF
DEAL, JD AND ASSOCIATES,
ARO, PROPERTY OWNERS)
Reference staff report , I .14.02, with attachments. CP Monroe presented the report, reviewed criteria and
staffcomments. Four conditions were suggested for consideration.
Chairman Vistica opened the public hearing. Robert and Germaine Alfaro, property owners, represented the
project, noting that their designer had called to say he was sick and could not auend. They noted that they
had made some changes to the plans, moved the house back 8 feet to 36 feet where 38 feet is required, hope
that is acceptable' Commissioner noted had reviewed the landscape plan, the proposed plant -ut"riul i, too
small a scale to fit the house, need a bigger tree to screen the first and second story, boih proposed trees in
the front should be replaced with a larger species; the same problem exists in the rear yard. Commissioner
noted don't see a hardship on this flat, evenly shaped property, to justifu a front setback variance. Applicant
noted they wished to keep as large a back yard as possible. Commissioner noted that the house has a nice
design, could get more back yard by reducing the size ofthe garage,the immediate houses all have a bigger
front setback than proposed; applicant noted could remove the bay window at the front and meet the 3g foot
front setback. Commissioner clarified the number of bedrooms, with recent revision, reduced the number
from 6 to 5 because took 5 feet from the front and that made the living room too small, so added to the living
room area that was in bedroom next to the living room. Commissioner noted that some ofthat space could
aJ
City of Burlingame Planning Commission (Jnapproved Minates January 14,2002
also be used to increase the prominence ofthe front porch. There were no further comments from the floor
and the public hearing was closed.
Commission discussion: agee that there is no hardship on this lot to justiff a variance, and there is a
solution on the site; all the houses on this street have a deep setback, the house is large, they are proposing
three large trees in the front yard to screen the structure; easy to move this back on the lot and keep the nice
design, do not want to set a precedent for others on the block, its only 18 inches.
C. Boju6s moved that the design review for this site be approved along with the special permit for the
garage with the area exceeding that needed for parking to be used only for storage and that the variance for
the front setback not be approved because there is no hardship on the property for the reasons noted in the
discussion and the staffreport by resolution conditions. The motion was seconded by C. Keele.
Commission discussion: CA noted that the motion would mean that the Commission will not have seen the
corrected plans; following discussion of procedure the maker of the motion agreed to amend the motion to
deny the project without prejudice. The second agreed. The motion,to deny withoutprejudice was made
by resolution with the following amended conditions : 1 ) that the proj ect shall be built as shown on the plans
submitted to the Planning Department date stamped December 2l ,2001 , sheets I - 5, sheet G- I and sheet L-
1 date stamped November 28,2001with a 36'-6u front setback, and that any changes to the fooprint or floor
area of the building shall require an amendment to this permit; 2)thatany changes to the size or envelope of
the basement, first or second floors, which would include adding or enlarging a dormer(s), moving or
changing windows and architectural features or changing the roof height or pitch, shall be subject to design
review; 3) that thee large trees, species as approved by the City Arborist, shall be placed in the front yard so
they shall screen the first and second story ofthe house as viewed from the street and neighbors; 4) that the
conditions of the City Engineer's and Recycling Specialist's October 29 ,2}}l,memos shall be met; and 5)
that the project shall meet all the requirements of the California Building Code and California Fire Code,
1998 edition, as zrmended by the City of Burlingame.
Discussion on the motion: needs to reduce by 18 inches, would prefer that the space come out of the house
rather than out of the rear yard by shifting the house back; it is up to the applicant to decide; a condition
should be added that the applicant provide three large trees in the front yard to screen the new house. The
maker and second of the amended motion agreed.
Chairman Vistica called for a voice vote on the motion to deny without prejudice. The motion passed
on a 7 - 0 voice vote. Appeal procedures were advised. This item concluded at 7:45 p.m.
1532 CYPRESS AYENUE - ZONED R.I . APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A SECOND STORY ADDITION (KRISJON
SWANBERG, SWANBERG ASSOCIATES, APPLICANT AND DESIGNER; ANNE HARRINGTON,
PROPERTY OWNER)
Reference staff report,l.l4.02, with attachments. CP Monroe presented the report, reviewed criteria and
staffcomments. Four conditions were suggested for consideration. Commissioners had no questions of
staff.
Chairman Vistica opened the public hearing. Ann Herrington, property owner represented the project noting
that she had expected her architect to be here this evening but he had not arrived. Said she was familiar
with the project and would answer questions. Commissioners asked: are there climbing vines on the existing
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5.
City of Burlingame Planning Commission Unapproved Minutes January 14,2002
trellis; yes, mature and intend to keep and enhance them. Revised plans show the second floor cantilevered
over both the right and left side, why; trying to meet the neighbors concerns and the design reviewer was
trying to reduce the "boxy'' look of the house also added two windows and wooden trim. Extending the
second floor results in increased lot coverage without adding to the first floor. Applicant submitted a ietter
in support from her neighbor at 1556 Cypress.
Speaking on the project were Dian Condon-Wergler, 1536 Cypress; Preston Young, 1528 Cypress. Only
problem have with the project is parking, plans show arbor over driveway as well as cantilever, leads one to
believe that the driveway will never be used, recently the owner installed gates across the driveway in front
of the trellis, can no longer park 2 cars in the driveway; in seven years I have lived in the neighborhood this
owner has not parked in garage, now gates block future use of the driveway for parking; opposed to project
because cantilever extends the envelope ofthe house and represents growth even though ii is wittrin tfre city
code. Live on the north side ofthe project, favored the original design except for the windows along the side
property line, now there is an 18 inch cantilever bringing windows closer and a 20 foot wall which will
affect light and the space for his house. There were no further comments and the public hearing was closed.
Commissioner discussion: applicant has made the changes thit the Planning Commission requested, the
garage proposed meets the on site parking requirements for the three bedroom house; can not monitor who
parks on the street and who in the garage; like to see the driveway used for parking, but the city does not
have the power to see it done, suggest that the gates be removed because they limit the use ofthe driveway
for parking unless they can be opened by remote control. Is the gate needed to meet fencing requirements for
pool in the rear yard? No. If the gate were relocated to the back corner, could park in ih. drir"*ay; the
project is still a bit boxy, have a problem with the declining height envelope, the wall is awfully close io the
side property line and there does not appear to be any hardship with the property; if cantilevei pulled back
addition would not affect lot coverage. From front, even with l8 inch cantilwer, house looks boxy, not sure
this is compatible with the neighborhood. With gate removed the pool can still be protected, tire second
floor walls should be inset not cantilevered, cannot support the height proposed, recommend go back to
drawing board. Need to check the side setback on the second floor for vari*"" on side with decliiing height
exception. CA noted that if the design is salvageable item should be continued; if significant
"t *g. it
required can deny without prejudice and applicant can return with new design.
Further discussion: the boxy design is OK, it is the kind of vocabu,lary for this style, work with the design
reviewer improved it from original, concemed with the-iihe setbatkrimpaet on the design, not sure I can
approve for that reason; have diffrculty with the side setback and the declining height excepion, looks like a
variance and a special permit; what is the height of the cantilever over the drir"*uy, will it obstruct use;
design has boxy look but part of the existing house, concerned with cantilever into setback.
C. Keighran moved to send the item back to the design reviewer with the direction given, noting that thegate (not sown on the plans) should be taken out of the driveway. The motion was seconded by C. no;uet
Comment on the motion: gate does not need to be removed if it can be made automatic; would maker
consider modification to motion and deny the project without prejudice or give the applicant the opportunity
to return to the design reviewer, at their choice. Maker ofthe motion and second agreed to the amindment.
Further comment on the motion: concerned about the design as it is, a box on a box, it is out of characterwith the neighborhood, to bulky, feel if it came back without the cantilever still could not support.
5
6.
City of Burlingame Planning Commission Unapproved Minutes January 14,2002
Chairman Vistica called for a voice vote on the motion on the project to deny without prejudice or allow the
applicant to return to a design review to follow up on the direction given, and that the gate across the
driveway be removed. The motion passed on a voice vote 7-0. Appeal procedures were advised. This item
concluded at 8:12 p.m.
1340 CORTEZ AVENUE _ ZONED R.l . APPLICATION FOR DESIGN REVIEW FOR FIRST AND
SECOND STORY ADDITION AND SPECIAL PERMITS FOR DECLINING HEIGHT ENVELOPE AND
AN ATTACHED GARAGE (PAM POWELL, APPLICANT AND ARCHITECT; VIRGIMA
CULBERTSON AND JACQUES CROMIER, PROPERTY OWNERS) PROJECT PLANNER: ERII(A
LEWIT
Reference staff report ,l.l4.02,with attachments. Planner Hurin presented the report, reviewed criteria and
staff comments. Five conditions were suggested for consideration. Commissioners had no questions of
staff.
Chairman Vistica opened the public hearing. Pam Powell, architect, 3108 Sheldon Drive, Richmond,
represented the project. She noted she would aniwer questions. There were no questions from the
commission or comments from the floor. The pubic hearing was closed.
C. Boju6s noted that the applicant had made nice changes as requested and moved to approve the project by
resolution with the following amended conditions: l) that the project shall be built as shown on the plans
submitted to the Planning Department date stamped December2l,2}}l, sheets Tl and ,A.2 through A4, and
that any changes to the footprint or floor area ofthe building shall require and amendment to this permit; 2)
that any changes to the size or envelope ofthe basement, first or second floors, which would include adding
or enlarging a dormer(s), moving or changing windows and architectural featwes or changing the roofheight
or pitch, shall be subject to design review; 3) that the conditions of the City Engineer's and Recycling
Specialist's September 17 ,2001 ,memos and the Building Official's September l2,200l,memo shall be met;
4) that the project shall comply with the proposed demolition and construction recycling ordinance recently
approved by the City Council; 5) that an arborist report shall be prepared demonstrating how to protect the
existing trees at the front of the site and in the rear during construction and that the report shall be reviewed
and approved by the City Arborist before issuance of a building permit; and that the two Japanese maples
noted on the plans on the left "ide of the rear yard shall be replaced with aristocrat pears or some other
species of similar scale when mature as approved'by the City Arborist and placed to provide screening for
the neighbor; 6) that the bedroom at the rear over the garage shall never be converted into a second
dwelling unit; and 7) thatthe project shall meet all the requirements of the California Building Code and
California Fire Code, 1998 edition, as amended by the City of Burlingame. The motion was seconded by C.
Keighran
Comment on the motion: agree that a lot of improvements have been made to this project, however, the
room over the garageis still not integrated into the house and looks like a second unit, concerned about how
future owners will use this area, am not in favor ofthis becoming a rental unit; there is no landscape plan for
this project, Sheet A-3 shows a redwood tree under the eaves of the house, same on the east side, plans do
not represent what is there in the field, trees need to be protected during construction. Would like to add a
condition that an arborist report be prepared to protect the existing trees at the front of the site and in the
rear during construction and that the two Japanese maples noted on the plans on the left side ofthe rear yard
be replaced with aristocrat pears or some other species of similar scale when mature to provide screening for
the neighbor, arn concerned because of the overall size of the addition; concerned about the mass of the
building especially the west elevation , could pull the addition back from the side property line, the problem
6
City of Burlingame Planning Commission Unapproved Minutes January 14,2002
is the declining height intrusion on the west side, not as concerned with the area over the garage. Share
concem about the declining height exception on the left side.
Chairman Vistica asked if the maker of the motion and second would agree to add the condition about the
landscaping. They agreed.
Discussion on the motion continued: still concerned about the use of the room over the garage as a second
unit, can we add a condition that it will never be used as a second unit? Could understand concern if it were
not accessible from inside the house or detached way back in the rear yard, can't see a way to eliminate
without revising the entire floor plan; could eliminate the 4 inch waste line which would make a toilet and
shower possible; closest toilet is in the master bedroom, otherwise must go downstairs; can the second sink
be converted into a shower, yes.
Chairman Vistica asked if the maker of the motion and the second would agree to add a condition that
would state that the bedroom at the rear over the garage would never be converted into a second dwelling
unit. The maker of the motion and the second agreed.
Chairman Vistica called for a roll call vote on the twice amended motion (for landscaping and clariff rear
bedroom would not be used as a second unit) to approve the application. The motion passed 5-2 (Cers.
Keele and Osterling dissenting). Appeal procedures were advised. This item concluded at 8:30 p.m.
Reference staff report ,l.l4.O2,with attachments. Planner Hurin presented the report, reviewed criteria and
staffcomments. Four conditions were suggested for consideration. There were no questions of staff from
the commission.
Chairman Vistica opened the public hearing. Charlie Kavanagh, Kavanagh Engineering,4T0 Chatham
Road, and member of the church, represented the United Methodist Church, with Brian Zimmerman,
President of the Church's Board of Trustees, and Nemphis Edwards, Senior Pastor. Noted that they had
been working on this sign pernrit since July of 2000, including considering a rezoning, ultimately the city
revised the sign code, establishing standards for institutional uses in residential zones; the height limit in
these new standards is 6 feet, but with cars parked along the curb, it will take a 7'-10" sign to be seen by
passing cars, so are asking for a variance for height, it will not impact the views from residential uses since
there are none nearby. Commissioner asked what market this sign is targeted toward, pedestrian or
automobile. Applicant noted both, lot of cars exiting Safeway will see it and pedestrians walk by, but
primary orientation is toward the Safeway lot. Commissioners noted that the head of a pedestrian is a bit
taller than a parked car, the changeable copy portion of the sign was placed rather low on the proposed 7'-
10" face, and the Safeway driveway across the street is in bound only, even at proposed height will be hard
to see, would you consider putting the sign down the block (toward Primrose) by the classroom building
where cars exiting Safeway will be able to see it easily; applicant noted considered moving toward El
Camino but there were traffic and auto safety issues; Could the sign go on Howard toward Primrose,
applicant noted know there is some landscaping there where could put it but do not know what would be
disturbed. Commissioner noted have a very visible church sign at the front ofthe church to add this seems
like over exposure on that frontage when there is no sign on the classroom side. Commissioner noted that
the problem with the sign at the front is the height variance needed, the sign is in eflect an advertisement and
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7. 1443 HOWARD AVENUE _ ZONED R.3/C.1 - APPLICATION FOR VARIANCE FOR HEIGHT OF
FREESTANDING SIGN (CHARLES L. KAVANAGH, APPLICANT; UNITED METHODIST CHURCH
OF BURLINGAME. PROPERTY OWNER) PROJECT PLANNER: RUBEN HURIN
City of Burlingame Planning Commission Unapprwed Minutes Jarutary 14,2002
there is no compelling need for the variance. Commissioner noted that if the sign were attached to the
building it could be as high as l2 feet offthe ground without a variance.
Applicant noted that the members of the church had this same discussion two years ago and selected this
site, the location of the sign should be left to the church, church is having a problem keeping up membership,
they need to decide what will be most effective for them, key is that the sign is lighted and visible at night
since the other signs are not; members will discuss the things you mentioned but they need the Commission
to act tonight. Applicant continued want the maximum benefit from the sign, notjust forthe sake ofthe sign
but to get the message out about the church's programs, if stay within the rules do not get an effective sign
and the church cannot meet their agenda; do not wantto come back an badgerthe Commission. There were
no further comments from the floor and the public hearing was closed.
Commissioner discussion: if willing to reduce sign to 6 feet don't need to come back; staffnoted that that
was correct.
C. Boju6s moved by resolution to deny the request for a variance for sign height, could get the reader board
at the same height as the 7 foot sign if the name of the church were placed below the reader portion of the
sign and there are other altemative for placing the sign for good visibility at 6 feet, either down the street or
on the fagade of the building. The motion was seconded by C. Osterling.
Comment on the motion: do not want to see a variance, how the sign is configured is up to the congregation;
would grant a variance if there were no other place to put the sign, but since there is will support the motion.
-t'
Chairman Vistica called for a voice vote on the motion to deny the height variance for the sign. The motion
passed 6- l (C. Keele dissenting) on a voice vote. Appeal procedures were advised. This item concluded at
9:00 p.m.
8. 1177 AIRPORT BOULEVARD _ ZONED C.4 _ APPLICATION FOR MITIGATED NEGATTVE
DECLARATION, CONDITIONAL USE PERMITS TO EXCEED THE BAYFRONT DESIGN
GUIDELINES AND FOR CONTROLLED ACCESS TO PARKING AND PAID SELF-PARKING FORA
REMODEL AND ADDITION TO AN EXISTING HOTEL (JONATHAN WINSLOW, WINSHIP
_ _ PROPERTIES, APPLICANT; NADEL ARCHITECTS,INC., ARCHITECT; AIRPORT BOULEVARI)
HOTEL LLC.OPERTY OWNER) PROJECT PI.,ANNER: RIIBEN HURIN
Reference staff report ,l.l4.02,with attachments including the Mitigated Negative Declaration. CP Monroe
presented the report, reviewed criteria and staff comments. Thirty conditions were suggested for
consideration. Commissioners asked staff: what area was counted as the front of the lot, Planner indicated
the area on the plans; trees being proposed for removal are large and evergreen, being replaced with smaller
scale and deciduous, applicant needs to address; asked CE what the parking lot illumination requirements
were, he noted city uses public health and safety standards, applicant seems to be providing a lot more
illumination than necessary in parking lot, worried about "glow" offsite. There were no firrther questions
from the commission.
Chairman Vistica opened the public hearing. Jonathan Winslow, representing the applicant Winship
Properties spoke about the project along with April Philips, the landscape architect for the project.
Reviewed the developer's credentials, the issues addressed from the last meeting, noted was still trying to
work out parking with the Parks and Recreation Director and baseball league, willing to work with them;
noted they are sansitive to the parking lot lighting issue and will not install more light than police and fire
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City of Burlingame Planning Commission (Jnapproved Minutes January 14,2002
departments require. Commissioner noted would like to add a condition that would require the property
owner/operator to allow recreation users the use, without charge, of the 13 parking spaces on siie which
exceed the hotel's parking requirement, do not want these spaces designatedand do nit want to make the
hotel nonconforming in parking; developer noted he would be happy to use l3 spaces as a base number towork from. Commissioner also noted the benefit ofthe new sidewalk being proposed, would like developer
to keep an open mind about another gate between the porte cochere and the corner; applicant noted that they
are willing to add a gate,but do not want recreational users to walk across the entry driveway or directly ontothe playing fields.
Commissioners comments continued: CalTrans is proposing to put a pedestrian/bicycle over crossing over
1 0l which would terminate on the west side of your driveway, would you add a cross walk across your entrydriveway; CE indicated that it would be 3 to 4 years before this projeci is realized, the cross walk at the hotelentry looks as if it will be on calTrans right-of-way, they will aiso need to add a pedestrian actuated signal;want to be sure that there is a safe pedestrian connection in the future. Encourage less lighting in parking lot,energy conservation, could remove some light standards; note signs will b-e discussed at a later time.Landscaper noted that site is difficult, soils poor, windy, high salt cJntent; eucalyptus create a strong, hiohnorth south edge and the building a similar east west diiected edge; increased the mass ofthe trees by hedgerowing their planting, deciduous but also a lot of color visible from the freeway; glowing umbrella treeswon't be very bight, only a couple of glowing benches to make it look high tech. Arborist noted that theremay be a problem with a sidewalk so close to mature eucalyptus, may-need to surface with a differentmaterial' Don't think Italian Cyprus will do well, will use vines that flower on frames, will keep it simplewith a strong pattem. There were no further comments from the applicant or the floor and the public hearingwas ctosed
c' Keighran noted that this was a very good job, the hotel remodel would be an asset to Burlingame,commissioners questions were addressed in detail in the staffreport, negative a""r*uti*;;",,h.;eeting
so moved approval of the Mitigated Negative Declaration and the conJitional use permits for the remodeland addition to the hotel at ll77 Airport Blvd. for the reasons stated in the staff report and at the study andpublic hearings, by resolution, adding that along with the two amendments to conditions 2l and 32 suggestedby staff two additional conditions be added, that the applicant allocate at least 13 on site parking spaces freeof charge for the use ofthose participating in sportinglr.rrtr at Bayside park and that, to keep offisite glowto a minimum, the illumination of the parking lot be limited to thairequired forpublic healthand safety, ;r.ereviewed by the Public works Department and modified ifnecessary before a uuitaing permit is i*r"a, iritr,the following amended conditions: l) that the project shall be builtas shown on the plans submitted to thePlanning Departmenl and date stamped January 4,-2002, sheets PA-001 , pA- I 00, A-2xothrough A- 202, A-300 through A-303, E-001 through E-008, L-l andL-2,and Lighting plan;2)tr,"itrr" conditions ofthe chiefBuilding offtcial's, Fire Marshal's and Recycling Specialist's -"*o, dated July 9, 2ool,and the CityArborist's memo dated February 27, 2001,-rt at u" met; 3) that any changes to the footprint, floor are.setbacks, or height of the building and any changes to the iand uses on tt. sile shall require and amendmentto this permit; 4) that the required parking areas shall not be used for long-term airport parking or convertedto useable/leasable space as a part of any hotel promotion; 5) that the
"orit oll"d access parking shall be builtand implemented as shown on the plans submitted to the ilanning Department and date stamped January 4,2002, sheet PA- I 00, and the installation shall conform to all the .equiremen,, oitt
"
Califomia Building anduniform Fire codes, 1998 Edition, as amended by the ciry ofBurlingame; 6) thrt ;;;;""r" ,"'"" ""r0..of parking spaces provided on site, their configuration and/or the operation of the parking controls shallrequire amendment to this use permit; 7) that the applicant shal ilocate, but not specifically designatewithin the parking lot, at least 13 on site parking tpu."r free of charge for the use of those participating insporting events at Bayside Park;8) that small deliverytrucks orvans withperiodic deliveries maybe on site
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City of Burlingame Planning Commission Unapproved Minutes January 14,2002
during operating hours, and no delivery trucks shall be stored or parked on site continuously throughout the
day or overnight; 9) that the use and any improvements for the use shall meet all the requirements of the
California Building and Uniform Fire Codes, 1998 Edition as amended by the City ofBurlingame; l0) that
the overall height of the new mechanical rooftop enclosure shall be I 1 l'-6" and that any increase in the
building height shall require an amendment to this use permit; I I ) that no room in the hotel shall be leased to
a single individual, company or corporate entity for more than29 days and no rooms and/or any part of the
building shall be leased for permanent residential purposes; 12) that the site shall be landscaped with
vegetation which requires a minimum of fertilization and pest control, and the maintenance of such
landscaping shall follow the procedure established by a qualified landscape architect and approved by the
city for fertilization and pest control; 13) that the project sponsor shall continue to provide a regular airport
shuttle service to all hotel guests, which shall include corurections to CalTrain and BART to accommodate
employees at shift changes; 14) that all construction materials and waste, including solid wastes, paints,
concrete, petroleum products, chemicals, wash water or sediment, shall be stored, handled and disposed of
properly to prevent the discharge of all potential pollutants into storm water; 15) that trash enclosures and
dumpster areas shall be covered and protected from roof and surface drainage and that if water cannot be
diverted from these areas, a self-contained drainage system shall be provided that discharges to an
interceptor; 16) that drainage from paved surfaces, including parking lots, driveways and roofs, shall be
routed through buffer strips where possible and shall be filtered through fossil filters inserted into storm
water inlets prior to discharge into the storm drain system; the property owners shall be responsible for
inspecting and cleaning all filters on a biannual basis as well as immediately prior to and once during the
rainy season (October 15 - April l); 17) that there shall be no grading performed within BCDC (Bay
Conservation and Development Commission) jurisdiction; 18) that before any development shall be allowed,
conditional use permits for controlled access to parking and paid self-parking, and to vary from the
requirements of the Design Guidelines for Bayfront Development for landscaping within the front setback
(9% propos ed,80%o minimum required), view obstruction (61.8% proposed, 607o maximum allowed), and
building height (111'-6" proposed, 50' maximum allowed) shall be required; 19) that any connections
between the new structure and the existing structure shall be designed with flexibility to meet all the seismic
requirements of the 1998 edition of the California Building Code and Califomia Fire Code; 20) that flexible
joints shall be installed on all utilities to reduce potential problems associated with ground settlement; 21)
that all runoff created during construction and future discharge and site erosion control from the site shall
be required to meet National Pollution Discharge Elimination System (NPDES) standards; 22) that this
project shall be subject to the state-mandated water conservation progiam. A complete Irrigation Water
Management and Conservation Plan shall be submitted with landscape and irrigation plans at time ofpermit
application, and shall be approved by the City's Senior Landscape Inspector prior to issuing a building
permit; 23) that the site shall be periodically sprayed with water to control dust dtring grading and
construction. The developer shall be required to get appropriate permits from the Bay Area Air Quality
Management District and construction equipment emissions shall be in compliance with their standards; 24)
that the eucalyptus trees along the east side property line shall be protected during construction and any root
cutting within 15' of the tree trunks and any pruning shall be approved by the City Arborist prior to issuance
of a building permit; 25) thatall construction shall be required to be done in accordance with the Califomia
Building Code requirements, 1998 Editions, as amended by the City of Burlingame, and limits to hours of
construction imposed by the City of Burlingame Municipal Code; 26)thatthe addition shall be built so that
the interior noise level in all rooms and in enclosed public areas shall not exceed 45 dBA (CNEL); 27)that
to keep visual interference from off-site glow to a minimum, the illumination of the parking lot shall be
limited to that required for public health and safety, as reviewed and modified by the City Engineer, Fire
and Police Departments before a building permit is issued; 28) that all new utility connections to serve the
site and which are affected by the development shall be installed to meet current code standards and
diameter; existing sewer laterals shall be checked and replaced if necessary; 29) that the metal screen
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9.
City of Burlingame Plonning Commission Unapproved Minutes January 14,2002
enclosing the stairways located on the east and west ends of the building and the metal screen enclosing the
rooftop mechanical equipment shall be painted with a non-reflective paint color and that this non-reflective
coating shall be maintained; 30) that if anyprehistoric orhistoric archeological relics are discovered during
construction, all work shall be halted until the finding can be fully investigated and proper protection
measures, as determined by qualified experts, can be implemented; 3l) that a pedestrian access shall be
provided from the hotel building to the adjacent Bayside Park and from the hotel entrance to the site entrance
at the intersection of Bayshore and Airport Boulevard by a five-foot wide sidewalk along the side property
line adjacent to Bayside Park. Guest access to Bayside Park shall also be provided from this walk with a
gate through the fence separating the park and the hotel opposite the porte cochere; and 32)that striping or
other clear delineation shall be provided for a pedestrian crossing at the porte cochere across the entrance
driveway to the pedestrian sidewalk at the gate into the park on the side property line. The motion was
seconded by C. Osterling.
Comment on the motion: support, commend work done and the spirit of cooperation between the hotel and
park users, commend effort to improve one of the least slightly buildings in the city.
Chairman Vistica called for a voice vote on the motion to-qpp_c,+,e the project ufrth four amended
conditions. The motion passed on a 7-0 voice vote. Appeal procedures were advised. This item concluded
at 10:00 p.m.
Ix. DESIGN REVIEW STUDY ITEMS
2OOO DAVIS DRIVE - ZONED R.l - APPLICATION FOR DESIGN REVIEW AND LOT COVERAGE
VARIANCE FOR A FIRST AND SECOND STORY ADDITION (JERRY DEAL, JD & ASSOCIATES,
APPLICANT AND DESIGNER; TOM AND SUSAN BOWEN, PROPERTY OWNERS) PROJECT
Planner Hurin briefly presented the project description. Commissioner asked staffto explain difference
between minor modification and variance process. CP Monroe noted that a minor modification is a
variance, minor exceptions to the code can be processed with an administrative process however when these
are additional exceptions or design review required they are treated as a variance and go through the full
review process. Commission developed this process about a decade ago. Staff also noted that a letter dated
January 14,2002, was rdeeived by Ken Ogawa, 1916 Davis Drive, aEdressing his concerns with the lot
coverage variance and an existing plum tree at the rear of the lot.
Chairman Vistica opened the public comment. Tom and Susan Bowen, property owners, were present to
answer questions. The Commission noted that while on a site visit, noticed that the existing windows had
divided lights but were not shown on the plans; owners noted that divided light windows would be used on
the second floor addition; Commission noted that existing and proposed windows should be shown
accurately on the building elevations. Commission noted that the lot coverage variance for 36 SF could be
eliminated, for example, by moving the living roorn wall (facing the interior yard) back by approximately
18"; owner noted that the additional lot coverage is coming from the new covered porch at the front of the
house which will help to visually set back the second floor addition, living room extension is under an
existing coverage porch which is to be removed, could remove front porch, shape of existing house is
difficult to work with. There were no other comments from the floor and the public comment period was
closed.
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City of Burlingame Planning Commission Unapproved Minutes January 14,2002
Commission discussion: feel that the design could find a way to reduce the foo@rint to eliminate the need for
a lot coverage variance, lot coverage variance application shows no justification forthe variance requested;
footprint is not being changed, porch adds interest to the front of the house, nicely designed project, there are
poorly designed additions on this block, this project will improve the character ofthe block and enhances the
design of the community; there is already hardscape under the proposed porch location, not happy with
squeezing the limit.
C. Osterling made a motion to place this item as proposed on the consent calendar. This motion was
seconded by C. Keighran.
Comment on motion: like the design of the house and porch, but feel that the lot coverage variance can be
eliminated, there are ways to slightly modiff the design to eliminate the variance. CA Anderson noted that
the variance is tied with the land unless a condition is added that it is tied to this design. Commissioner
asked if there is a 100 SF exemption for covered porches, exemption only applies to floor area ratio; see no
hardship for lot coverage.
C. Osterling amended the motion to place this item as proposed on the consent calendar noting not all
windows would match and have divided lights and with a condition that the variance is only tied to this
design. The second of the motion agreed.
Chairman Vistica called for a roll call vote on the motion to place this item as revised on the January 28,
2002, consent calendar. The motion passed on a voice vote 4-3 (Cers. Boju6s, Keele and Vistica dissenting).
The Planning Commission's action is advisory and not appealable. This item concluded at 10:23 p.m.
10.17 CIIANNING ROAD - ZONED R.l - APPLICATION FOR DESIGN REVIEW FOR A FIRST A}ID
SECOND STORY ADDITION (ATANACIO RODRIGIJEZ,APPLICANT AND PROPERTY OWNER;
LINCOLN LUE. ARCHITECN PROJECT : ERIKA I,F,WTT
Planner Hurin briefly presented the project description. There were no questions of staff.
Chairman Vistica opened the public comment. Lincoln Lue, architect, and Atanacio Rodriguez, property
owner, noted that the existing hous. is a small bungalow and is located at the rear of the lot, proposed
second floor addition is set back2}' from the rear property line, property owner is currently living under
tight conditions and would like to expand.
The Commission asked what type of window trim will be used, would like to see a detail of the window trim
provided for the next meeting; concerned with partial use of wood horizontal siding in random locations,
would prefer all stucco or all horizontal siding, should be consistent; applicant noted that the property owner
has budget constraints, would prefer to do all stucco and that is why stucco is proposed on the front
elevation, kept existing siding at rear of house; concerned about consistency of window patterns, some are
divided light, others are not, window pattern should be consistent throughout the house, existing sliding
glass door at the rear of the house is plain, should consider changing to divided light; should provide window
detail and information on size; encourage the use oftraditional wood stucco mold, applicant noted that some
houses in the neighborhood have wood trim similar to what is proposed, feels would stucco mold is too thin.
There were no other comments from the floor and the public hearing was closed.
C. Keighran noted that overall the proposed design is nice and made a motion to place this item on the
regular action calendar at a time when the following revisions have been made and plan checked:
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City of Burlingame Planning Commission Unapproved Minutes January 14,2002
11.
' Provide detail of proposed windowtrim, would like to see traditional wood stucco mold used;. Provide window detail and information on sizes;
' Window pattem and type should be consistent throughout the house, should consider changing the
existing sliding glass door at the rear of the house to divided light; and
' Proposed siding should be consistent, should use all horizontal wood or stucco siding.
This motion was seconded by C. Auran.
Chairman Vistica called for a vote on the motion to place this item on the regular action calendar when plans
had been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission,s action is
advisory and not appealable. This item concluded at 10:35 p.m.
19 DWIGHT ROAD - ZONED R.l - APPLICATION FOR DESIGN REVIEW FOR A SINGLE STORYADDITION (THOMPSON STUDIO ARCHITECTS, APPLICANT AND ARCHITECT; VICTORIA
CP Monroe briefly presented the project description. Commissioner asked why is this single-story addition
subject to design review? Staff noted that the proposed plate height on the first floor exceeds 9,-0,, and
therefore is subject to design review (10'-6" plate height p.opor"d atbay window on south elevation and
I 1'-6" proposed on west elevation). There were no further questions or starr.
Chairman Vistica opened the public comment. David Thompson, architect, and Victoria Smith, properry
owner, were present to answer questions. Architect noted that the plate height for the dormer shid in thedining room exceeds 9' above finished floor. Commissioner noted a concern with the roof line of existing
attached garage at the front of the house and asked if any changes could be made to the roofline ofthe garage
to make it compatible with the roof ofthehouse; architect agreed that the existing garage is not compatible
and needs to be looked at, but noted that it is not in the owner's budget to addressthaiissue now, ii is notpart of the cument proposal, garage may be nonconforming now and remodeling it may require variances,
s,hape of the garage roof is a problem, by the time the .oo1i, removed and rebuilt it could cost $20,000-$30,000; Commissioner noted that redesigning the garage should be incorporated into the project now, don,tknow if it will be addressed later, garage construction is inexpensive, with a little effortiarage can bedesigned well; property owner notla that the garage is not athactive, proposed project has a budfet -_-
constraint, her first priority is to get the house to a more livable condition,intends to address the design ofthe garage in the future, floor plan is poorly laid out, needs interior remodeling; like ,fr" a"rig, of ,fr"addition, fits the criteria of design review, understands budget constraint; the garage is an existing Lnditionand it is not being altered, feels that the garage is not purt of the design rlview. There were no othercomments from the floor and the public comment period was closed.
Commission discussion: staffreport notes that the cxisting garage meets the parking requirement for thishouse and the garage is not being changed at this time,leyond purview oi design review, encouragesapplicant to considered redesigning the garage in the future but should not require .L*g". to the garage aspart of this project, proposed addition is compatible with the house and neigirborhood-and complies withzoning regulations; supposed to have design integrity throughout the house, cinfident that the garage will beredesigned in the future, unfortunatery it is not part of thislroject.
C' Bojuds made a motion to place this item as proposed on the consent calendar. This motion was secondedby C. Keele.
l3
12.
City of Burlingame Planning Commission Unapproved Minates January 14,2002
Chairman Vistica called for a vote on the motion to place this item on the consent calendar. The motion
passed on a voice vote 6-1 (C. Keighran dissenting). The Planning Commission's action is advisory and not
appealable. This item concluded at 10:50 p.m.
1369 BERNAL AVENUE - ZONED R.l - APPLICATION FOR DESIGN REVIEW, SIDE SETBACK
AND HEIGHT VARIANCES FOR A FIRST AND SECOND STORY ADDITION (GARY R. DIEBEL,
DIEBEL & COMPANY, APPLICANT, ARCHITECT, AND PROPERTY OWNER) (6I NOTICED)
PROJECT PLANNER: CATHERNE KEYLON
CP Monroe briefly presented the project description and noted that a letter was submitted after preparation of
the staff report by Laurie and Jim Hyman, 1373 Bernal Avenue, dated January 10,2002, which expresses
concems they have with the proposed project. There were no questions of staff.
Chairman Vistica opened the public comment. Mark Hudak, attorney representing the applicant, 216 Park
Retad, and Gary Diebel, architect and property owrer, were present. Mr. Hudak noted that this is the
architect's personal residence, slope on the lot 20' from front to back is an exceptional circumstance for the
height variance, would like to open up the existing porch at the front of the house, proposed floor area ratio
is under the maximum allowed by 500 SF, adequate on-site parking is provided, detached garage will remain
at the rear of the lot, this lot is raised substantially above top of curb level, side setback variance is justified,
existing house was built in the 1920's with a 3'-0" side setback, there was an existing front porch but it was
enclosed, the applicant is now restoring the porch to it's original design which is located in the side setback,
restored porch will reduce the existing living area, proposed addition at the rear of the house complies with
the required side setback, neighbors not in opposition to the side setback variance; in regard to the proposed
height, the Commission recently reviewed a similar project at l2l9 Vancouver Avenue, this project had a
similar problem with measurement of height, first floor is approximately 20' above average top of curb, lot
rises approximately 30', if house was measured from ambient ground level it would comply with height
regulations, as measured from average top of curb as the code requires, proposed house exceeds the
maximum height limit by more than 10'; there are two other 2-story houses in this neighborhood at 1360 and
1361 Bernal Avenue and therefore the proposed 2-story house will not be out ofplace, can't see second floor
addition from street level, will not block views from the uphill side; would like to address two letters of
cpposition received from neighbors to the left and right of the subject property, on the right side 3 of the 4
windows are stairway windows, fourth window is in a laundry room which is between the washer and dryer,
there is a planter box proposed under the laundry window, plants in the box will help screen the view into
the neighbor's yard.
Further comment: Mr. Hudak addressed concem about reducing the light and air into neighbor's properties,
second story is set back l0' and will not be disruptive, the existing large tree at the rear of the property
probably creates more shade than the proposed addition would; architect has designed the second floor so
that it cannot be any less intrusive into the neighbor's-yards, the existing tree at the rear yard of 1365 Bernal
Avenue will screen their yard, new second floor is set back and will create a physical separation.
Commissioner noted that he did not receive a copy of a letter submitted by Mr. and Mrs. Cunningham, staff
noted that it will be in the staff report for the action hearing; like the porch on the front elevation, can
something be done above the arched windows, need to decrease the mass in that area, south elevation is nice,
east elevation is a flat plane and needs more articulation, applicant noted that there are vines growing onthat
side of the house, vines grow over the first story parapet; north elevation is barren, would suggest adding
additional mature landscaping at the front of the house to screen the bare wall, a tree that has the crown mass
above the window would be ideal; concerned with the first floor addition at the rear of the house reducing
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City of Burlingame Planning Commission Unapproved Minutes January 14,2002
the size of the rear yard, applicant notes that there two patio areas at the rear, building is set back l5' from
the rear property line, rear yard is shaded by the large pine tree; concerned about height and in general the
mass of the addition, ,rrgg".t ptucing story ioles to help visual ize the addition from the street, and relative to
the neighbors, think tt, tous" will be-tall, but *o,rld like to see the story poles before making any
conclusions, applicant noted that if measured from adjacent grade, the house would measure 26'-3" in
height.
Charles penner, 1364 Bernal Avenue, Patrick and Debbie Cunningham, 1365 Bemal Avenue, and Jim
Hyman, 1373 Bernal Avenue, spoke concerned with the proposed height, there was a similar application
before the City Council at this ,it" i, 1993, variance was required to exceed 36' in height, at that time City
council indicated that it could approve the project if the height were lowered to 35'-9", current proposal is
increasing the height from 35'-2i to 41' uaaing 6' to the existing height, this is not a flat lot, will aJfect
sunlight on the low side of Bernal Avenue, second story addition includes a 689 SF master bedroom, feel
that this area can be adjusted, his house is lower than the foundation of the subject property; objection is to
height, this site is higher than theirs, existing mature landscaping provides privacy, house was built in the
lgi1,s,landscape has matured and created privacy in their yard, will loose privacy with this addition, will
r block sunlight in ttre afternoon, backyard is now damp, additional shade from addition would inorease the
problem of keeping the rear yard dry, will loose some view of the sky and will see only second story, sees
no justification for variance, does not oppose the first floor addition, invite the Commission to 1365 Bernal
to view impact from house; property is similar to subject property, entire yard is landscaped, will loose
privacy and sunlight, applicant referred to four windows on my side but one window is actually 3 windows,
irour" is only 1600 SF, u;e of the rear yard as living area, concerned with compatibility with a neighborhood
of small houses with people who enjoy using their rear yards, there is a large Monterey Pine tree in the rear
yard, sun comes in from right side of the lot, addition will block sunlight into the rear yard.
Mr. Hudak noted that the property owner is sensitive to privacy, in the design he pulled the second floor
back as far as he could, the only way to address the neighbor's concem is to eliminate the second floor;
Commission asked what the proposed plate heights are, applicant noted that the frst floor plate height is 8'-
5,, and the second floor is 7'-6'. There were no other comments from the floor and the public hearing was
closed.
Commission discussion: this is a nice design, with a second story addition set back from the street the steep
' slope on the lot is an exceptional circumstance for the height varianc e,7' '6" plate height on the sec'dnd floor
is below normal, cannot deny the property owner the right to have a second story, this site is not in the
hillside area so there is no review for view blockage, if windows are eliminated will have a flat stucco wall;
still concerned with bulk, story poles would be helpful, property owner knew that height would be a problem
when he purchased the house , concerned that the house will dominate the street, would like to see average
heights of adjacent buildings.
C. Keighran made a motion to place this item on the regular action calendar at a time when the following
information has been provided:
. Provide landscape plan; suggest adding additional mature landscaping at the front of the house to
screen the bare wall, something that has the crown mass above the window would be ideal;
. Provide story poles to help visualize the addition, suggest using orange netting when installing story
poles so mass is more obvious, should be installed no later than the Friday prior to the Planning
Commission action meeting;
l5
City of Burlingame Planning Commission Unopproved Minutes January 14,2002
. Provide building heights and finished floor elevations of the adjacent houses (two houses to the left
and right ofthe subject house);
This motion was seconded by C. Boju6s.
Comment on motion: this is a well-handled design given the site, view is blocked by what is there now, due
to the small lot sizes in Burlingame the Commission cannot guarantee privacy nor does zoning address
privacy, feel that the impact will be minimal.
ChairmanVistica called for avoice vote onthe motionto place this item ontheregularactioncalendarwhen
the requested information has been provided. The motion passed on a voice vote 7-0. The Planning
Commission's action is advisory and not appealable. This item concluded at 11:40 p.m
X. PLANNERREPORTS
Review of City Council regular meeting of January 7,2002.
CP Monroe review briefly the plaruring items covered at the Council meeting.
Review of Special Planning Commission Study Meeting on Housing Element of
December 19,2001, and City Council Review.
There were no comments on this item.
Discussion of Amendments to ZoningRegulations to C-l Subarea A, Tenant Size, Definitions and
Timing on Permit Expiration.
Commission and CP Monroe discussed draft ofproposed zoning changes. After some discussion the
commission suggested that this item be brought back to the commission at study for additional
review. CP Monroe said she would try to get this item with the comments noted on the next
commission agenda.
XI. ADJOI]RNMENT
Chairman Vistica adjourned the meeting at 12:20 a.m.
Respectfrrlly submitted,
Joe Boju6s, Secretary
LTNAPPROVEDTTTnTUTSS I . I 4
l6
01- 01 - 02
Crime Classification.
Murder and Nonnegligent Manslaughter
Manslaughcer by Negligence
Rape By Force
Attempt to Commit Forcible Rape
Robbery Firearm
Robbery Knife
Robbery Other Dangerous Weapon
Robbery Strong-Arm
Assault - Firearm
Assault - Knife
Assauft - Other Dangerous Weapon
Assault - Hands, Fists, Feet
Assault - Other (Simple)
Burglary - Forcibl-e Entry
Burglary - Unlawful- Entry
Burglary - Attempted Forcibl-e Entry
Larceny Pocket-Picking
Larceny Purse -Snat.ching
Larceny Shoplifting
Larceny From Motor Vehicle
Larceny Motor Veh Parts Accessories
Larceny Bicycles
Larceny From Buil-ding
Larceny From Any Coin-Op Machine
Larceny Al1 Other
Motor vehicle Theft Auto
Motor Vehicl-e Theft Bus
Motor Vehicle Theft Other
SUMMARY OF PART ONE OFFENSES
FOR: DECEMBER, 200L
Last
Current Year. -
t2
10
1
2
1
B
B
PAGE: 1
6UL
YTD
Prev
Act
YTD.
1
1
2
2
1
t4
B
B
1
1
T4
4
4
Z
Z
0
0
7
1
3
Z
5
L2
1
6
0
0
10
1
7
2
3
I2
aZ
4
27
1-'7
6
zu/
1,26
69
7
4
5
33
135
50
31
313
13
18
o
2L0
66
76
5
5
7
40
L28
63
ZI
265
13
4l
99
15
5
I
o
tz
724
z
Z
66 77 L,258 1,L23
66 77 L,259 1,T23
\
01-07-42
Crime Classification
AIl Other Offenses
Animal Abuse
Animal Nuisance
Arson
Assists to outside Agencies
Bicycle Violati-ons
Bigamy
Bomb Offense
Bomb Threat
Bribery
Check Offenses
Child Neglect /prot custodY
Computer Crime
Conspiracy
Credit Card Offenses
Cruelty to Dependent Adult
Curfew and Loiteri-ng Laws
Death Investigati-on
Disorderly Conduct
Driver's License Violations
Driving Under the Influence
Drug Abuse Violations
Drug/Sex Registrants
Drunkeness
Embezzlement
Escape
Extortion
False Police Reports
False Reports of EmergencY
Fish and Game Viol-ations
Forgery and Counterfeitj-ng
Found Property
Fraud
Gambling
Harrassing Phone CaIls
Hit and Run Accidents
Impersonat ion
Incest
Indecent Exposure
Tncimidating a Witness
Kidnapping
Lewd Conduct
Liquor Laws
Littering/oumping
Marijuana Viol-ations
Mental Health Cases
Missing Person
Missing Property
Municipal Code Violatlons
Narcotics SaIes/Manuf acture
Offenses Against Children
MONTHLY SUMMARY OF PART TWO OFFENSES
CITY REPORT FOR: DECEMBER, 2OOL
PAGE: 1
Current
Last
Year.
Act
YTD
Prev
Act
YTD.
32 37 521 50 1
0
0
4
0
1
0
0
0
0
6
0
0
0
0
0
1
0
9
0
Z
0
t4
0
0
0
1
3
0
1
3
1 L4
27
0
I
15
3
5
6L
38
13
115
42
1
IJ
2L
0
0
0
Z
0
25
LO2
2L
0
o/
36
34
99
37
L92
51
2
5
118
40
0
69
L2
0
0
0
0
0
25
99
Z+
0
B9
EA
48
83
35
LL9
1
L4
2
6
1
74
Z
2L
'7
5
.)
11
3
z6
3
6
1
4
9
z
5
6
6
4
1
0
13
0
0
3
5
Z
4
0
11
0
0
0
10
0
21
4
4
2
t2
Z
)
a
5
11
3
1
0r-07-02 MONTHLY SUMMARY OF
CITY REPORT FOR:
PART TWO OFFENSES
DECEMBER, 2OOT
PAGE: 2
Crime Classification. .
Ld.S L
Current Year
L4
4
2
44
1
Act
YTD
Prev
NUL
YTD.
Other Assaults
Other Juvenile Offenses
Other Police Service
Pandering for immoral purposes
Parole Violations
Perj ury
Possession of Burglary Tools
Possession of drug paraphernalia
Possession of obscene Ii-terature,'picture
Probation Violati-ons
Prostitution and Commercial Vice
Prowling
Resisting Arrest
Runaways (Under 1B)
Sex Offenses
Sex Offenses against Children
Sodomy
Stal-king
Statutory Rape
Stol-en Property; Buying; Receiving; Possess
Suspended Li-cense
Tax Evasion
Temp Restraining Orders
Terrorist Threats
Towed Vehicle
Trespassing
Truants/fncorrigible Juvs
US Mail Crimes
Vagrancy
Vandal ism
Vehicle Code Violations
Violation of Court Order
Warrants - FeJ-ony
Warrants - Misd
Weapons ; Carrying, Possessing
Welfare Fraud
9
T4
1
2l-0
t,
n
U
U
0
0
0
1
9
0
6
0
0
5
I
0
6
0
1
59
0
207
1
159
n
aZ
0
0
0
0
zo
z
5
3
1
6
6
0
a
0
'7
6t
0
z
I
1
a
9 5
+
tr,
I
6L
35
611
6
1
0
0
248
51))
9
66
16
0
50
0
454
L6
aZ
0
0
296
L4
ZJ
l2
56
9
0
L9
1
2
aZ
23
6
1
1
7
1
253 232 3,290 2,901
253 232 3,290 2,901
MONTHLY
FOR:
SUMMARY OF C]TATIONS
CITY REPORT
DECEMBER, 20OL
PAGE: 101-07-02
Crrme Classification
Parking Citations
Moving Citations
Current
Last
Year
Act
YTD
32,9'70
2 ,358
Prev
Act
YTD..
35 ,428
2 ,81-6
) tr,1 L
L34
2 ,980
L75
2,548 3,155 35,328 38,244
2 ,648 3 , 155 35 ,328 38 ,244
' . Officer ProductivitY. ...
rted On: AIt Officers
Type Reported on: PARKING
valid
CnE
01-/08/2002 at 09:L2:36 AlvI
Range L2/oL/2oo: to L2/3L/20oL
BURLINGAME
generaLed on
ReportRepb
Data
Officer:ID:
% A11
val id
Voids
Cnt
% A11
voads
%
Valid
DAZA-QUTROZ 634 519
GARRETT 501 520
JFOX 505 L49
KIRKPATRICK 502 10
MORAN zOL 1088
ROSCOE 503 35
Total 242!
25.5'7
2L .48
6.15
0"41
44.94
20.00
50.00
0.00
0.00
30.00
0.00
99 .36
98.11
100.00
100.00
100.00
4
10
0
0
6
0
20
Page 1 of 1
lnvestments
Par
CITY OF BURLINGAME
Portfolio Management
Portfolio Summary
December 31,2001
Market
Value
Book
Value
lc ot
Portfollo Term
Days to
Maturlty
YTM
360 Equiv.
YTM
365 Equlv.Value
LAIF & County Pool
CORP NOTES
Federal Agency lssues - Coupon
lnvestments
16,643,963.12
3,000,000.00
16,000,000^00
1 6,643,963.1 2
3,1 02,500.00
16,293,400.00
16,643,963.'12
3,027,780.00
16,000,000.00
46.66
8.49
44.85
1
1,596
1,792
940
1
576
't,430
3.426
5.929
5.635
3.474
6.011
5,713
35,M3,963.12 36,039,863.'12 35,671,743,12 100.00%691 4.629 4.694
Total Earnings December 31 Month Ending Fiscal Year To Date
Current Year
Average Dally Balance
Effective Rate of Return
Pursuant to State law, there are
141,077.13 9U,M2.48
34,564,587.93 35,M5,857.12
4.81c/o 5,23o/o
available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, and
is restricted by law (e.9. Gas Tax, Trust & Agency funds, Capital Projects, and Enterprise funds).
A, BECKER,NANCE DIR./TREASURER
Portfolio CITY
CP
PM (PRF_PMl ) SymRept V5.02fRun Oate: 01/1 1/2002 - 09:36
l.
CITY OF BURLINGAME
Portfolio Management
Portfolio Details - lnvestments
December 31,2001
Purchase
Date
Stated
Book Value Rate Moody's
Page2
CUSIP lnvostment # lssuer
Average
Balance Par Value Market Value
YTM Days to
365 Maturlty
Maturity
Date
LAIF & County Pool
77
79
LOCAL AGENCY INV.FD.
S M COUNTY POOL
'10,331,916.06
6,312,047.06
10,331,016.06
6,312,047.06
10,331,916.06
6,3'12,047.06
3.140
4.020
3.1 40
4.020
Subtotal and Average {5,&t6,807.93 16,643,963.12 16,643,983.,t2
03/02/'1999
0412011999
2,000,000.00
1,000,000.00
2,082,500.00
1,020,000.00
1,997,500.00
1,030,280.00
3.474 1
6.1 79
5.685
791 03t0212004
160 06t1012002
CORP NOTES
0739028M9
37042R2C5
487
489
BEAR STEARNS CORP
GENERAL MTRS ACCEP CORP
6.1 50
6.750
Subtotal and Average 3,027,780.00 3,000,000.00 3,102,500.00 3,027,780.00 6.011 576
Federal Agency tssues . Coupon
313311KK3 499
3'133M3TS4 476
3133M7Y75 48E
3133MD225 494
3133MF2D9 498
3133MFUB2 5oo
3133MHJ62 504
3136F0Y29 502
FEDERAL FARM CREDIT BANK
FEOERAL HOME LOAN BANK
FEDERAL HOME LOAN BANK
FEDERAL HOME LOAN BANK
FEDERAL HOME LOAN BANK
FEDERAL HOME LOAN BANK
FEDERAL HOME LOAN BANK
FANNIE MAE
Subtotal and Average
06t13t2001
o3t17t't998
03t2?i1959
o2t08t2001
0512N2f,01
07t11t2001
0s128t2001
0812812001
2,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
4,000,000,00
2,031,E80.00
1,041,560.00
2,106,240.00
2,008,120.00
2,026,E80.00
1,000,620.00
2,0'15,620.00
4,082,480.00
2,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
4,000,000.00
5.800
6.020
6.000
6.250
5.630
5.250
5.550
5.420
5.800
6.020
6.000
6.250
5.630
5.250
5.550
5.420
1,624
440
811
'1,499
1,604
1,106
1,73'l
1,700
a6/13t2006
03117t2003
o3122,2004
02r'08t2006
05124t2008
01t11t2005
09t28t2006
08t28t2006
16,000,000.00 16,000,000.00 16,293,400,00 18,000,000.00 5.713 1,1li}0
B/n Date: 01/11/2002 . 09:36
Total lnvestmenG and Averago 34,564,587.93 35,643,063.12 30,039,863.12 35,671,743.12 4.6S4 691
Portfolio CITY
CP
PM (PRF_PM2) SymRept V5.02fG
)
I
1
CITY OF BURLINGAME
Portfolio Management
lnvestment Activity By Type
December 1, 2001 through December 31, 2001
Page 3
CUSIP lnvestment# lssuer
B69lnnlng
Balance
Stated
Rate
Transactlon
Date
Purchases
or Deposlts
Sales/Maturities
or Withdrawals
Ending
Balance
LAIF & County Pool (Monthly Summary)
7S SMCOUNTYPOOL
Subtolal
4.020 2,615,563.17 0.00
14,028,39S.95 2,61 5,503.17 0.00 16,643,963.12
CORP NOTES
Subtotal 3,027,780.00 3,027,780.00
Federal Agency lssues - Goupon
Subtotal 16,000,000.00 16,000,000.00
Total 33,056,179.95 2,415,543.17 0,00 35,671,743.12
Portfolio CITY
CP
PM (PRF-PM3) SymRept V5.02fRun Date: 01 I 1 1 12002 - 09.36
CITY OF BURLINGAME
Portfolio Management
lnvestment Activity Summary
December 2000 through December 2001
YIeld to Maturlty Managed
Page 4
Month Number of
Socurltles
Total
lnv$ted
360
Equlvalent Equlvalent
Number
of Socurltlos
Purchaoed
Number
of Securltles
Matured / Sold
Average
Term
Average
Days to Maturity
365 Pool
RateEndYear
December
January
February
March
April
May
June
July
August
September
October
November
December
2000
2001
2001
2001
2001
2001
2001
2001
2001
2001
2001
2001
2001
18
17
17
15
14
14
13
36,67't,750.34
35,405,206.28
35,707,733.22
34,010,264.54
37,255,372.54
38,758,088.25
36,085,177.06
38,447,8',t9.42
38,002,167.12
34,930,381.22
32,614,594.78
33,056,179.95
35,671,743.12
6.165
6.084
5.994
5.963
5.737
5.609
5.431
5.396
5.287
5.352
4.880
4.812
4.629
6.251
6.'169
6.077
6.046
5.817
5.687
5.507
5.471
5.361
5.426
4.9,t8
4.879
4.694
6.311
6,130
5.979
5.869
5.417
5.200
4.767
4.632
4.4U
4.2't4
3.809
3.683
3.474
0
1
3
2
2
1
2
0
2
0
3
0
0
0
0
3
0
1
1
1
2
,|
1
0
0
0
1,054
1,041
1,053
998
931
948
989
1,047
1,089
1,289
1,028
1,014
940
599
591
727
688
671
695
7il
817
860
,020
791
763
691
'15
14
15
12
12
12
Average 14 35,893,575.22 5.488%5.5640/o 4.921 11 1,032 74
Portfolio CITY
CP
PM (PRF_PM4) SymRept V5.02f
R'un Date: 01111l2OO2 . 09:36
CITY OF BURLINGAME
Portfolio Management
Distribution of lnvestments By Type
December 2000 through December 2001
Page 5
Average
by Perlod
December
2000
January
2001
Fobruary
2001
March
2001
JulyMayAprllJune
2001 2001
August September
2001 2001
October November December
2001 2001 2001lnvestment Type 2001 2001
LAIF & County Pool 38.7 39.3 34.3 36.9 42.4 41.9 40.4 36.2 38.1 26.9 41.7 42.4 46.7 38.9olo
Certificates of Deposit - Bank
Certificates of Deposit - S & L
Gertificates of Deposit-Thrift & Ln
Negotiable CD's - Bank
CORP NOTES 8.3 8.6 8.5 8.9 8.1 7.8 8.4 7.9 8.0 8.7 9.3 9.2 8.5 8.50/o
Bankers Acceptances
Commercial Paper - lnterest Bearing
Commercial Paper - Dlscount
Federal Agency lssues - Coupon 53.1 52.1 57.3 54.2 49.5 50.3 51.3 55.9 53.9 64.4 49.',t 48.4 44.9 52.60h
Federal Agency lssues - Discount
Treasury Securities - Coupon
Treasury Securities - Discount
Miscellaneous Securities - Coupon
Miscellaneous Securities - Discount
Non lnterest Bearing lnvestments
Mortgage Backed Securities
Miscellaneous Discounts -At Cost 2
Miscellaneous Discounts -At Gost 3
Portfolio CITY
CP
PM (PRF_PMs) SymRept V5.02fRun Date: 0111112002 - 09:36
GITY OF BURLINGAME
Portfolio Management
lnterest Earnings Summary
December 31,2001
December 3'l Month Endlng Fiscal Year To Date
Page 6
GD/Goupon/Dlscount lnvestments:
lnterest Collected
Plus Accrued lnterest at End of Period
Less Accrued lnterest at Beginning of Period
Less Accrued lnterest at Purchase During Period
lnterest Eamed during Period
Adjusted by Capital Gains or Losses
Eamings during Period
58,000.00
302,490,00
268,439.99)
0.00)
678,900.00
302,490.00
337,083.33)
0.00)
92,050.01
0.00
644,306.67
1,250.00
92,050.01 a$,556.67
Pass Through Securitles:
lnterest Collected
Plus Accrued lnterest at End of Period
Less Accrued lnterest at Beginning of Period
Less Accrued lnterest at Purchase During Period
lnterest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Period
0.00
0.00
0.00)
0.00)
0.00
0.00
0.00)
0.00)
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
Cash/Checking Accounts:
lnterest Collected
Plus Accrued lnterest at End of Period
Less Accrued lnterest at Beginning of Period
lnterest Eamed during Period
0.00
357,043.90
308,016.78)
357,562.02
357,043.90
425,720.11)
49,027.12 288,885.8'l
Total lnterest Earned during Period
Total Gapital Gains or Losses
'|.4'|.,077.13
0.00
933,192.48
1,250.00
Cun Date: 01/l 1/2002 . 09:36
Total Earnlngs during Period 141,077,13 934,U2.48
Portfolio CITY
CP
PM (PRF_PMo) SymRept V5.04
((
((
(
(
(
(
((
i
.{L 95BD
Portfolio Management
Portfolio Summary
December 31,2001
Par Market
Value
Book
Value
o/o ol
Portfollo Term
Days to
Maturlty
YTM
360 Equlv.
YTM
365 Equlv.lnvestments Value
Federal Agency lssues - Coupon
lnvestments
800,000.00 827,248.00 802,000.00 100.00 1,756 ozz 4.995 5.064
800,000.00 827,248.00 4.995 5.064802,000.00 100.00% 1,756 622
Total Earnings December 31 Month Ending Fiscal Year To Date
Cunent Year
Average Daily Balance
Effective Rate of Return
3,416.66
802,000.00
5.02%
20,500.00
802,000.00
5.07o/"
requirements for the comlng 6 months. Total funds invested represent consolidation of all fund types, and
Capital Projects, and Enterprise funds).
Rahn Becker, Finance Director/Treasurer
Portfolio 95BD
CP
PM (PRF_PMl) SymRept V5.02fRun Date: 01/1 1/2002 . 09:36
I
Pursuant to State law,
GUSIP lnvestment # lssuer
Average
Balance
95BD
Portfolio Management
Portfolio Details - lnvestments
December 31,2001
Purchase
Date
YTM Days to
365 Maturity
Page 2
Maturlty
Par Value Market Value
Stated
BookValue Rate Date
LAIF
79 LOCAL AGENCY INV. FD.
Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0
0.00 0.00 0.00 5.707 5.707
Federal Agency lssues - Coupon
3133M5Q89 485 E00,000.00 827,248.OOFEDERAL HOME LOAN BANK
Subtotal and Average 802,000.00 800,000.00 827,248.00 802,000.00
802,000.00 5.125 5.064 822 0911512003
s.064 a22
Total lnvestments and Average 802,000.00 800,000.00 827,248,00 802,000.00 5.064 A22
Portfolio 95BD
CP
PM (PRF_PM2) SymRept V5.02f
Rln Date: 01 l1'l 12002 - 09:36
1112411998
lnvestments
98BD
Portfolio Management
Portfolio Summary
December 31,2001
Par Markel
Value
Book
Value
o/o ot
Portfolio Term
Days to
Maturity
YTM
360 Equlv.365 Equiv,
YTM
Value
Federal Agency Coupon Securities
lnvestments
1 ,710,000.00 1,782,675.00 1,710,000.00 100.00 1,826 449 5.577 6.060
1,710,000.00 1,782,675.00 1,710,000.00 100.00% 1,826 449 5.977 6.060
Total Earnings December 31 Month Ending Fiscal Year To Date
Current Year
Average Daily Balance
Effective Rate of Return
Pursuant to State law, there are
oft
RAHN BECKER,Director/Treasurer
8,874.05 52,265.73
1,710,000.00 1,710,000.00
6,1'lc/o 6.06%
available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, and
restricted by law (e.9. Gas Tax, Trust & Agency funds, Capital Projects, and Enterprise funds).
Portfolio 98BD
CP
PM (PRF_PM1 ) SymRept V5.02fRun Date: 01/1 1/2002 - 09:37
CUSIP lnvestment# lssuer
Average
Balance
98BD
Portfolio Management
Portfolio Details . lnvestments
December 31,2001
Purchase
Date Par Value
Stated
BookValue Rate Moody'sMarket Value
YTM Days to
365 Maturity
Page 2
Maturity
Date
Managed Pool Accounts
80 0.00 0.00 0.00 5.124 5.124 1LOCAL AGENCY INVEST FUND
Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0
Federal Agency Coupon Securitles
3133M3XE0 478 03/26/1 998 1 ,710,000.00 1,782,675.00FEOERAL HOME LOAN BANK
Subtotal and Average I,710,000.00 {,7{ 0,000,00 1,?A2,875.OO 1,710,000.00
1 ,710,000.00 6.060 6.060 449 0312612003
6.060 u9
Total lnvestments and Average t,7{0,000,00 {,710,000.00 1,782,875,OO 1,710,000.00 6.060 445
Portfolio 98BD
CP
PM (PRF_PM2) SymRept Vs.02fFtun Oate: 01/1 1/2002 - 09i37
lnvestments Par
01 BD
Portfolio Management
Portfolio Summary
December 31,2001
Market
Value
Book
Value
%of
Portfollo
Days to
Maturlty
YTM YTM
Value Term 360 Equiv. 385 Equlv,
Managed Pool Accounts
Federat Agency Coupon Securities
lnvestments
12,089,349.52
1,'100,000.00
12,089,349.52
1,100,000.00
91.66
8.34
1
1,826
1
1,687
3.097
5.474
3.295
3.1 40
5.550
3.34113,189,349.52 't 3,208,599.52 13,'t89,349.52 100.00%'t 53 142
Total Earnings December 31 Month Ending Fiscal Year To Date
Current Year
Average Daily Balance
Effective Rate of Return
Pursuant to State law, there are
.s
Rahn A. Becker, Finance ./Treasurer
41,590.33 230,601.92
13,331,897.91
3.67%
available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of some of these funds is
Agency funds, Capital Projects, and Enterprise funds).
'/r,r /ox
Portfolio 01BD
CP
PM (PRF_PM1 ) SymRept V5.02fRun Date: 01/1 1/2002 - 09:37
12,089,349.52
1,1 19,250.00
01 BD
Portfolio Management
Portfolio Details - lnvestments
December 31,2001
Purchase
Date Par Value
Page2
CUSIP lnve3tment # lssuer
Average
Balanco Market Value
Stated
BookValue Rate
YTM Days to
385 Maturlty
YTM Maturlty
Date360
Managed Pool Accounts
81 Local Agency lnv. Fd
Subtotal and Average
08/09/2001 12,089,349.52 12,089,349.52 12,089,349.52 3.140 3.097 3.140
12,231,857.91 12,089,349.52 12,089,349.52 12.089,349.52 3.097 3.140 1
Federal Agency Coupon Securities
3133MGQR0 503 Federal Home Loan Bank
Subtotal and Average
o&t1512001 1,100,000.00 1,119,250.00 1,100,000.00 5.550 5.474 5.550 1,687 08/15/2006
1,100,000.00 5.474 5.550 1,887I,'t 00,000.00 1,{00,000.00 1,110,250.00
Total lnvestments and Average 13,331,897.91 {3,r89,349.52 {3,208,599.52 13,189,349.52 3.205 3.U1 '142
Portfolio 01BD
CP
PM (PRF_PM2) SymRept V5.02t
Ran D.ate: 01l'l112002 - 09:37
CITY OF BURLINGAME
THIS MONTII
MONTIILY PERMIT ACTIVITY DECEMBER, 2OO1
BUILDING INSPECTION
IJA9T YEAR
TO DATE
Pelmlt tyPe
New SLngle Family
New Multi-Family
New Commercial
A,lterations-Res
Alterations-NonRes
Demolition
Swimming Pool
Sign PermiLs
Fences
Reroofing
Repalrs
Window Repl
Miscellaneous
TOTAIJS
*
0
0
0
18
3
1
0
1
0
13
L
3
I
VaLuaEion
$o
$o
$o
1742,400
$3 95 , 458
$o
$o
$3,500
$o
$100, 260
$2,200
$9, 656
$98, 8oo
#
3
0
0
22
4
1
0
2
1
18
0
5
5
Valuat,ion
$970, ooo
$o
$o
$599, L80
$1, 015, ooo
$o
$o
$2,750
$5, 700
$109, 834
$o
$39, 8oo
$18,300
Valuation
$500, ooo
$o
$o
$263,800
$316, 3?0
$10, ooo
so
$16, ooo
$o
$379, 858
$17, 500
$40, 089
$120, 500
ValuatLon
$7,050,9L7
#2 ,3s2 ,399
$2, o1o, ooo
$10, 545,451
$10, oGB, 815
$166, ooo
i98,723
$L80, 976
$13,100
$2 ,760 ,442
$205, L95
#288,287
$783,888
FfBCIIJ YEAR
TO DATE
Valuatton
92, 510, ooo
$o
$10, 100, 000
$s, 598 , 809
$4, 914 , 9oB
s39,000
$22, o0o
$40, 825
$6, 700
$1, s11, 882
$18, 100
$231,861
$6LL,229
[,AST I'IONTE
SAIIE UONTE
LAST YEAR
TETS YEAR
TO DATE
ValuatLoa
$4 ,772 , Lso
i247 , OO0
$12, 985, ooo
$l-2, 483 , 551
$9 ,723 , 659
$1s0, 500
$164, 138
$95, 878
$6, 700
$2,603 ,45]-
$320,200
$464,L54
$L ,492 ,373
#
2
0
0
15
L7
2
0
2
o
24
2
5
5
#
15
1
7
272
7L
52
11
23
2
236
30
56
95
*
25
2
3
278
110
52
I
4L
3
255
32
48
57
#
I
0
4
140
30
27
1
10
2
133
I
30
42
48 $L,352,274 6L 12,760,564 74 $t,554,2L7 871 $45,499t753 914 $35,535,183 435 $25 t705,3L9
L/02/02 L:-zt2z56
RECEIVED
rJAN I I Z0UZ
CITY CLERK'S OFFICE
CIW OF BURLINGAII4E
.t usrnrBUtloll,-
$flili.ri+ ffi#;#""".! Dir. Finance
-!, City Planner
,n utr.ru'llc *ork, HNatalie R. Taylor
1566 Drake Avenuc
Brulingame, CA 94010
Plrone (650)347-3798
Fax (650)340-0386
December 31,2001
Phil Monah'an
Senior Engineer
City of Burlingarne
501 kimrose Rd.
Btulingarne, CA 94010
I Human Resources
Ll Police Chief! Fire Chief! Parks & Rec
tr Librarian
Xon Next egenda
tq5 I!^El_SE SEND A COPY OF YOURRESPONSE TO THE CITY CLERK
Re: Public health ancl environmintal hazards, public uuisance
1500 Block of l)rake Averiue. Bur-lingame, CA
Dear Mr. Monahau,
orr Nov. 12, Dec. 2,Dec.25 and rnultiple and numerous times in everysi,gle year since 1985 (l6years) raw sewage, in volllme, from nurtingurn. ICity sewers has poured into the street, onto our property and into the sto'ur._,water street drain and down into Mills creek. This occurs not only in -r,,
stonny weather but rnostly during nonnal day to day usage at all tirnes of thdyeil, even on bright clear days.
All of the 1500 Block of Drake Avenue (north of Adeline) sewage is carried
away by one main old line. This block dead ends at the creek. ,{t tfrr dead
end there are 5 homes which access the main sewer line with laterals. Eachhome has a city clean out which is adjacent to the street. There is also a citystonn water street dlain that is at the end of the dead end and at the foot of1566 ald 1544 dri.,,r-\\,111,.
-When a blockage ocoul's on the tnain line of Drake Avenue or any of the fivelaterals which conttect to the main at the dead end of the street, **.r*ug.
gomes pouring out of one or lnore of the 5 clean outs at the end of Drake(1553, 1557 ,1561 1566 and lor 1544 Drake) in volume, onto the street, downinto the street water drain, into the creek and onto one of our
properties(mostly at 1566) one example is: The raw sewage during the
...
I
weekend of Dec. 2^2001was 25 f'eet long and l5 lcet wide and2 feet high
onto 1566 Drake property because the city stonn water drain was also
plugged with leaves, dirt, rocks and other debris. Sihen the leaves covering
the top of the storm drain were removed all of the rarv sewage then went
down to the creek and the sludge was left on 1566 driveway. This has
occurred nulnerous times.
The street and sewer department has been advised of this problem by
telephone far too many over the 16 years or more we have owned this
property. The city has responded by unplugging the drains and hosing down
the area. No solution to the problern and hazard has occured.
This raw sewage is a public health and environmerrtal hazard and a public
nuisance. It affects all of Drake Avenue in the I500 block and anyone
walking, playing, working or driving tlrough this area. It materially lessens
the value of all of our property.
It does not appear that the City of Burlingafile sewcr systern is adequate to
sbrvice the present number of homes and residents connected to it in the
1500 block of Drake Avenue.
We have been advised by the Regional Water Quality Control Board that in
situations as this, the city is required to report these spills to the Board.
They also reported that the City of Burlingame is required to clean the area,
sanitize it, post warning signs, barricade and [ape off the hazardous area. It
has also been suggested the City should be monitoting the creek. No
bariers, warnings, or sanitizing has occurred. We ale not aware of any
creek monitoring.
Demand is he6y made that imrnediate attention be given to the above
matters and that a pelmanent solution be implemerrted to cure the health and
environmental hazard and public nuisance of the l-500 block of Drake
Avenue portion of Burlingame City Sewer Systern. We
advice to us rvithin 20 days as to r+,hat action will l,e taken.
Siucerely,
i
I
/'1*ra;-R I
dJtot-ol*-
Natalie R. Taylor
1566 Drake''557 Drake
A
B
tflbt,&AQ-
I artor L l,\,,b //o, ls) q \rn pe
4a OAcul/Jtr;"- 0'il2 /{/6Kh,^,e
CC: Jim Nantell, City Manager
Phil Scott, Depaftment of Public Works
Jirn Brown, Street and Sewer Depaftment
Vince Falzone, Assistant Superintendent of Sewers
Donald Chang, Engineering
Burlingame City Planning Department
Ray Balcon, James Nusrale, Regional Water Control Board
ar/
crfi HALL- (650) 5s8-723O
PUBLIC WORKS - 501 PRIMROSE ROAD
BURLINGAME, CA 94010-3997
a%, V,a "/ %,,,,,t,',/.,,r*
RECTIVED
"tAN I i 2002
CITY CLERK'S OFFICE
CITY OF BURLINGAME
coRPoRATroN YARD - (6so) ss8-2670
1322 MARSTEN ROAD
BURLINGAME, CA 94O10-3906
January 11,2002
Natalie R. Taylor
1566 Drake Avenue
Burlingame, CA 94010
Dear Ms. Taylor:
Thank you, for your letter dated December 31,2001, which outlines sewer lateral stoppages and
storm drain blockages occurring on November 12, December 2, arrd December 25,2001. I have
investigated the facts surrounding these occwrences on the 1500 block of Drake Avenue and the
following outlines what happened, what we have done so far, and what will yet be done to
resolve these problems.
On November 12, we experienced the first large rainstorm of the season. Leaves from the hees
were washing to storm drain grates throughout the crty, causing multiple blockages in various
locations almost simultaneously. Even though we clean all the streets in the City once a week, it
is very difficult to keep up with the leaves during leaf season. Our crews responded to the call at
mid-day and observed that the storm drain grate had some leaves and debris and cleared the grate
to allow the accumulating water on the street to drain. There was no evidence of a stoppage in
the lateral sewer.
On December 2,we received a call from the residents of 1561 Drake Avenue to respond to a
lateral stoppage. This again wirs a very stormy day and we had many storm drain grates covered
with leaves. Our crews responded and cleared the storm drain grate and the sewer lateral.
Crews followed up that call on December 3, and cleaned and sanitized the area. They cleared all
three laterals and cleaned the sewer main line from the end of Drake to the parallel easement
sewer main downstream (mhD30045 to mhD30047), and removed roots from the main.
Finally, on December 25, our crews responded to a call at 1557 Drake Avenue and cleared a
large amount of roots from that lateral sewer.
Burlingame's sewer lines are very old and the pipes allow ground water to infiltrate and root's
to intrude through many of the joints. We have televised each lateral with a clean out on your
cul-de-sac and fotrnd the lines in less than satisfactory condition. Besides the root intrusion from
the giant redwood tree nearby, there are sags in some of the laterals. Two of the laterals are
connected together before they reach the manhole.
-\tra
-aq \r'
Thus far we have cleaned the storm catch basin, swept the cul-de-sac by hand, cleaned and
televised each of the three sewer laterals and cleaned the sewer main line.
Because of the present conditions of these laterals, our staffwill replace each of the lateral sewer
lines from the clean out to the manholeatt544,l566,l56l, and 1557 Drake Avenue. We witl
replace the old clay pipes with new heavy duty polyvinyl chloride sewer pipe that will have
fewer joints that are much more resistant to root innusion and the smoothness of the plpe will
provide for more efficient flow. This work should be completed, weather pennifting, by the end
of February. We will also place the sewer main line on a preventative maintenance program.
The street sweeper who routinely sweeps this street cannot effectively clean the end of the cul-
de-sac with his truck because of the turning radius. We will ask him to hand sweep the area once
a month. In addition, the storm drain catch basin will continue to be cleaned out once ayeaL
You or your neighbors could help us avoid any problems by keeping the catch basin clear of
leaves between cleanings or calling us as soon as you notice a problem.
Due to the close proximity of the creek we will take care to post signs, clean up, and notiff the
regional board if future overflows of reportable magnitude occur.
Thank you for bringing this problem i.3 ^r{ attention. If you have any questions, please feel free
to call me at (650) 558-7241.
P.E.
Senior Civil
c: City Manager, Regional Water Quality Confiol Board, Public Works Superintendent,
Assistant Streets & Sewer Superintendent, Street & Sewer Supervisors, Sfreet Sweepers and
Alternates.
Page 1 of2
CLK-Musso, Ann
From: VN/cathyb[cathyb@baylock.com]
Sent: Thursday, January 10,2002 1:42PM
To: 'John Pivirotto'
Cc: 'MGR-Nantell, Jim'; 'CLK-Musso, Ann'
Subject: RE: 3 lmPortant lssues
----Original Message-----
From: John Pivirotto [mailto:JohnPiv@FinancialConcepts.net]
Sent: Tuesday, January 08,2002 l2:18 PM
To: council@burlingame.org
Subject: 3 Important Issues
Dear City Council Members,
As a Burlingame resident and homeowner I would like to bring three important issues to
your attention:
1. Street cleaning: Why is street cleaning being done in the moming when people are still
home preparing to go on with their day? Why are you even questioning why people are not
moving their cars to another area, or for those fortunate enough, into their driveway when
the street cleaning is scheduled? It's sometimes impossible, almost always inconvenient, and
certainly a hassle. To be perfectly honest I can not understand why the city's does
not understand the nature of the situation: many different people, with many different
situations. You're not going to teach the pig to sing! Why not clean the street after 9AM
when most people have left their residence.
The argument that there is a traffic safety issue during the day is without merit. Most of the
residential streets are void of, or have minimal traffic during the 9 to 5 time slot. For those
main arteries that have speeding vehicles at all times of the day, may I suggest more police
monitoring.
I suggest cleaning the business and commercial area streets during the early morning. These
streets will be filled at 9AM with the people driving their cars from their residence. Then
move the sweepers to the residential areas where the folks have left for work or school.
2. The parking meter increase in outer lying areas is misconceived. The reason there is so
much traffic around the Burlingame Avenue and Broadway areas is because shoppers are
too damn lazy to park a block or two away from where they want to go. Instead they drive
around and around until they find a spot on the Ave, or on Broadway. Then they complain
about it.
I have my office on the corner of Park and Howard. Lot W is almost never full. As an
example, it is presently 11 :42 on Tuesday, January 8th. There are more than 30 spaces
available. It's too far away from Burlingame Avenue to be used by folks shopping there.
Instead the drivers spin round and round to get the open spots on and near Burlingame
Avenue. What does the city do? Rather than maintaining or lowering the meter rates to
encourage the increased use of Lot W, by shoppers and people working in the area they
increase the rates. There is no need to; at least not yet.
3. Speeding through the neighborhoods. Start ticketing on Bloomfield, on Howard, on
U1012002
Page2 of2
Bayswater, on Carolin and on California Ave. I'm OK with people going 5 to 10 miles per
hour over the limit. Sometimes, we misjudge, but folks, people are driving these streets at
50 MPH. It's got to stop!
Thank you for the opportunity to express my opinion. I hope my insight, as a Burlingame
resident and homeowner has been helpful. Please feel free to contact me with any questions,
or should you need any further clarification of my views.
Sincerely
John D. Pivirotto
233 Bloomfield Rd.
Burlingame, CA 94010
(6s0) s48-1 181
John Pivirotto
Financial Concepts
205 Park Rd., Ste. 204
Burlingame, CA 94010
(6s0) 348-1880
(650) 348-0255 - Fax
wl.w-E nancialConce
Ut012002
The City of Burlingame
PUBLIC WORKS DEPARTMENT
Tel:(65O1 558-723O
Fax:{65O} 685-931O
CITY HALL - 5O1 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010-3997
www.burlingame.org
CORPORATION YARD
Tel:(65O) 558-7670
Re:
January t6,2OO2
John Pivirotto
233 Bloomfield Road
Burlingame. CA 94010
E-Mail of January 8,2002
Three Important Issues
Dear Mr. Pivirotto:
Thank you for your interest and concems on street cleaning, parking fees and speeds.
Street Cleanins Your suggestion on the sequence of street cleaning is similar to our practices now. We begin
cleaning the downtown areas at4 a.m. and then move to the industrial areas. In both ofthese areas, parking starts
early. When those are finished, we move into the residential areas. This means that some ofthe residential areas
are swept earlier then others. Waiting till 9:00 a.m. for all as suggested would require a split shift, over time or
additional personnel at increased costs.
To help remove on-street parking on street sweeping days, we have sent notices asking citizens to move their cars
on that day in order to better clean the streets and gutters of leaves, debris and pollutants. Most citizens who have
called as seem very cooperative and very willing to move their cars because they are anxious to have their streets
cleaned. However as you observed, overall compliance is incomplete.
Parking Meter Rate Increase Most shoppers in the Burlingame Avenue downtown area want to find parking
close to their places of transaction. The parking study from which these rates were taken found that a significant
percentage ofthe people surveyedmentionedthatthey are willing to accept increasedfees andare willingto walk
two to three blocks to find parking. The parking study also showed that the parking spaces near the Burlingame
Avenue downtown area are being used by the long-term parkers and employees causing little or no turnover of
parking spaces. For short-term parkers, the study showed a parking deficiency of approximately 360 spaces in
the Downtown area.
The parking study recorlmended that directing long-term parkers to outlying lots, thus allowing more turnover
of parking spaces for short-term parkers. This will to some extent lower this parking demand. The adopted rate
increases are higher in the downtown core area and lower farther away creating the incentive for people to park
farther away from downtown. These rates are similar to otherjurisdictions. Also, Lot F (south ofHoward Avenue
between Lorton Avenue and Park Road) and Lot H (Ralston Avenue at El Camino Real) were changed to free
parking to attract employees and long term parkers. Additional signing witl be added to help direct parking lot
John Pivirotto
January 16,2002
Page2
users to all lots. In six to nine months, we will study the results of the parking implementation plan and assess
the situation to see if the adopted measures have helped ease the parking problem and to see if other
modifications are needed.
Speed through Neighborhoods The Police Deparhnent has received your E-mail. They indicated that they are
already aggressively working the Howard Avenue and Bayswater Avenue areas and will start to do some
selective enforcement on Carolan and Bloomfield Avenues.
I hope this answers your questions and concerns. Please call me if you have any questions.
Sincerely,
C. Erbacher, P.E.
Assistant Public Works Director
City Council, City Manager, City Clerk, Chief of Police
City Engineer, Superintendent of Streets
S:\A Public Works Directory\Author, By Name\Frank Ertacher l*tters\Pivirotto ltr.wpd
c
San Mateo County
Interfaith
Hosoitaliw
Netivorlfl'
L720 El Camino Real, Suite 7
Burlingame, CA 94010
(6s0) 6s2-1100
Pa rticipaUng @ngregations
Belmont Congregational
Church
Chalice Christian Church
Congregational Church
of San Mateo
First Presbyterian Church
of Burlingame
First Presbyterian Church
of San Mateo
Hillsdale United Methodist
Church
Hope Lutheran Church
Peninsula Sinai
Congregation
Peninsula Temple Beth El
St. Ambrose Episcopal
Church
St. Andrew's Lutheran
Church
St. Catherine of Siena
Catholic Church
St. Gregory's Catholic Church
St. Paul's Episcopal Church
St. Peter's Episcopal Church
Temple Beth Jacob
Transfi guration Episcopal
Church
Unitarian Universalists
of San Mateo
Boad of Dircctorc:
Rev. Channing Smith, Chair
Robert Howie, Vice-Chair
Hank Nourse, Treasurer
Larry Jensen, Secretary
Corey Cherkas
Gloria Gold
Sherlyn Kistner
Beth Southorn
Mary Watt
Alicia DeBrincat
Program Supervisor
San Mateo County Interfaith
Tax ID #94-3356735
Network
3 January 2002
Burlingame Fire Department
1399 Rollins Rd
Burlingame, CA 94010
Dear Friends:
Thank you so much for collecting and delivering tons of beautiful toys to the San
Mateo County Interfaith Hospitality Network 0H$ to help the children in our
program celebrate Christmas with wonderful presents. We are sincerely touched
by the Fire Department's generosity- the children in our program enjoyed a merry
and present-filled Christmas thanks to your hard-work and thoughtfulness. Thank
you so much for making their Christmas joyful.
As you may know, IHN is a collaboration of churches and synagogues that offer
overnight accommodations, home-cooked meals, community support, and
compassionate listening to homeless families in the County. The IHN Day Center
provides ongoing, individualized case management, community referrals, and
shower and laundry facilities. Access to computers, the Internet, and office
equipment aid our families in their search for employment and permanent
housing.
Thanks to the support of volunteers and community members such as you, IHN
has had the opportunity to touch the lives of many families and provide them with
support and resources during a stressful period of their lives. Since our opening in
January of this year, we have provided approximately 3,000 overnight beds and
9,000 meals to homeless families in our community. 70% of our families have
improved their financial situation while in our program, SDoh moved to more
stable housing and35%o went directly into their own apartments from our
emergency shelter. Meanwhile, hundreds of members of our interfaith
community have become sensitized to the needs of low-income families. We have
all been grateful for the opportunity to serve. On behalf of the staff and clients of
the Interfaith Hospitality Network, I send you the warmest thanks for making a
diflerence in our families' Christmas, and wish you all a New Year filled with joy
and love!
Blessings,
Diana Linn, Network Director A Community Responre for Homeless Families
Criminal I ustic e C ouncil
of San Mateo Coun
CHAIRPERSON January 10,2042Daniel F.
Councilru.
QuiggrMillbre
610 Elm Street, Suite 200 - San Carlos, CA 94070
650-802-4326 Fax: 650-591-1772
RECEIVED
JAN i i 2002
f. City Council
fi City Manager
! City Attorney
I Dir. Finance
! City Planner
! Dir. Public Works
[.] Human Resources
fi Police Chief
Il Fire Chief
! Parks & Rec
I Librarian
please respond
iir- No Response Required
Ygpar.t (, cc
') tgsc.n or.l
{ On Next Agenda
l-ls-o-L
WCE CHAIRPERSON
Barbara Carr*
Councilww, Prcifrca
EXECATIVE DIRECTOR
Cynthia Brandon
EXECUTIVE ASSISTA/VT
Monica Airo
Wesley Bowling
Chief oJ Police, Eas Pala Ako
Mayor Mary Janney
City ofBurlingame
501 Primrose Road
Burlingame, CA 94010
PLEASE SEND A COPY OF YOUR
RESPONSE TO THE CITY CLERK
Loren Buddress
Chief Ptobotiot Ofrcer
Randall Chinn+
PublX Member
M. Thoms Clark
Public Membet
WilliamConwell
Courcihur\ Arhenon
John Digiacinto
Su Maeo Co- Bar Asw.
Patricia Foster
Courcilwm, Essl Pala Abo
James Fox*
Disttict Atrome!
Joa,ne Gilbert M. Ed.
Public Menbet
Floyd Gonella, Ph. D.
Supt. oJ Schook, Sai Mateo Co.
Frank E. Hedley
CiDMMK.,SMB@
Donald Heiman
Public Member
Don Horsley*
Sheriff, San Mateo Cowty
Rose Jacobs Gibson
Superuisor, Su Mateo Co.
Nicholas Jellins*
Couacilru , Menlo Park
Patrick Kelly
Public Member
Barbara J. Mallach
tudte, Supeilar aad Muieipal Couns
John C. Martin
City Mwger, Daly Cit!
Gary Mclane
Chief ol Police , Daly Cit.v
Craig Parsons
tudge, Superior & Muicipal Coans
Ira Ruskin
Courcilrun, Redwod Ciry
PauI Scannell*
Assr. Su Mueo Co. Mauget
Barbara Srnailey
Public Member
Randy Sonnenberg
Chief oJ Police, Fosrer CiD
Adrienne Tissier
Councilwowa, Daly City
Deborah Wilder
C ounc ilwow, Fo tte r C ity
* Executive Committee
Dear Mayor Janney:
CITY CLERK'S OFFICE
CITY OF BURLINGAME
As you may be aware, domestic violence victims are of every race, economic
level age, and religion. Most victims are women, and many have children who witness
the violence or are victims themselves. Domestic Violence victims often stay with the
abuser for reasons such as financial hardship, lack of a support networlq no place to go, or
they are intimidated by the abuser and fear for their lives. Within San Mateo County,
several agencies provide short-term shelter for women and their children. Longer-term
transitional housing is essential to allow these victims and their families to get back on
their feet, and receive necessary job training, education and increased skill level. There are
only 17 beds (5 units) available in the county for long-term transitional housing.
Thanks to the Domestic Violence Council and visionary leaders in the community,
Foster City has become the first to implement a transitional housing project for domestic
violence victims. Units are part of the affordable housing requirements that each clty must
follow. If each cif sets aside one or two units for victims, we would be doing a great
service to those who were unable to leave an abusive situation because they had no place
to go and no financial means to do it. The Criminal Justice Council of San Mateo County
supports this project, and urges each of the cities to follow the lead of Foster City. An
agreement by each city council will be an enofinous step in the right direction for domestic
violence victims and for those who advocate for ending the cycle ofviolence.
Thank you in advance for your consideration. Please contact me if you have any
questions or concerns that I may be able to address.
Sincerely,
_
Cynthia Brandon
Executive Director
I-'ID I ISII) TJ I IUI\ :
*
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City Council
City Manager
City Attomey
Human Resources
please respond
duo n rnon,. Required
JOUN M. Wano AND AssocrArEs
f Dir. Finance
F City Planner. Dir. Public Works
A Consulting Group
ff Police Chief
I Fire Chief
I Parks & Rec
I Librarian
On Next Agarda
r- J 3--a>
792 Wrll,sonoucrr PI-ACE
BuRlrNcarrrr, CA 94010
(650) 342-0683
(FAx) 342-0977r
January 1,1,,2002 PLEASE SEND A COPY OF YOUR
RESPONSE TO THE CITY CLERK
Department of Alcoholic Beverage Control
Attn: Amanda Waldeck, Lrvestigator
185 Berry Street, Ste. 5500
San Francisco, CA 941,A7
Dear Ms. Waldeck:
As a former elected official (San Mateo County Board of Supervisors, 1975-1986), I
understand the decision-making process on any issue requires a balancing of competing
interests, both public and private, In applying such a balancing test to a proposed
liquor store in *y neighborhood (I am a Burlingame homeowner/resident within 500-
foot radius of 827 California Drive), I believe the potential negative impacts on the
community far outweigh the potential benefits. For example, a Samtrans bus stop from
which middle school kids are transported, is located near the proposed site.
Buriingame High School and associated public recreation facilities, plus single-family
homes with small children are within a short walking distance of the site. What
possible contribution will a highly-visible liquor store bring to improving the
environment just described?
ln my opiniory this is a questionable location from a purely business opportunity
standpoint as there is very little foot traffic related to retail shopping here. Parking is
limited, now shared by tenants living in apartments above corunercial establishments,
e.g. 839 and 841 California Drive. Furlher, there is significant vehicular traffic on
California Drive, traveling at average speeds of 35-45 mph on a maior 4-lane artery. In
that context, it does not make sense to encourage businesses which generate quick stop
and go activity. Both Burlingame Avenue and Broadway shopping districts have large
liquor stores conveniently surrounded by a variefy of retail shops, providing one with
the ability to fulfill multiple needs with a single trip.
Unfortunately, due to the vagaries of state law, this application is not subject to a
Conditional Use Permit determined at the local level, with public hearings before the
Planning Commission and City Council. Other uses with less impact than a liquor store
would require a use permit, while this decision will be made administratively at the
Department of ABC. We ask you to seriously consider the views expressed by the
neighborhood which is united in its opposition to the license request. Thank you.
,C"-{
M. Ward
c: Burlingame City Council
State Senator Jackie Speier
RECEIVED
JAN 1- ' 2002
CITY CLERK'S OFFICE
CW OT BURLINGAME
I COUNTY COUNCIL OF THE LEAGUES OF WOMEN VOTERS
OF SAN MATEO COUNTY
444 Peninsula Ave # I
San Mateo, CA 94401-1653
T'rS'I f(T6U I TUN'JrCity Council
City Manager
please respond
,t!City Attomey ! No Response Required
n Dir. Finance
! City Planner
i Dir. Public Works
I Human Resources
I Police Chief
Psuor*t CC,
\)to.u-IDJJanuary L0,2002
Ms. Mary Janney
City Hall
501 Primrose Road
Burlingame, CA 94010
RECEIVED
JAN 1 6 Z00Z
8tr8'dl[l,'9E[',fiE
- Fire Chiel dOn Next Agenda
Parks & Rec ,_ J 3 _6 >J Librarian I
PLEASE SEND A COPY OF YOUR
R ES PONS^E-TO-TH
"_a-:, ". "
**
Dear Ms. Janney,
The League of Women Voters has a long history of study and action with regard
to campaign finance practices, both on a national and a state basis. Locally, a
committee of the Leagues of Women Voters of San Mateo County has been
studying local and state reforms of campaign financing and is interested in
developing local ordinances for campaign finance reforms. Our goal is to develop
a program appropriate to a specific locality and we invite your jurisdiction to
consider being that locality.
Historically, we have seen that state and national programs start at the local level,
for example in environmental and educational issues. We believe the same will
hold true of campaign finance reform: the more grassroots models are developed,
the more influence there will be on a national level for reforms. We also believe
campaign finance reform measures encourage voter participation in local issues.
Across the country, there are at least seventy-five local governments that have
enacted limits on campaign contributions, campaign spending, or both. The
various models include:
. Campaign Contribution Limits in Fort Collins, CO, Austin,TX,
San Francisco, CA, Akron, OH
. Mandatory Spending Limits in Albuquerque, NM and Pitkin Co., CO
. Voluntary Spending Limits in Boulder, CO
. Public Financing in Tucson, AZ and. Los Angeles, CA
. Conflict of Interest in Westminster, CO
. Time Limits in Little Rock, AR
. Publishing Candidate Compliance in Richland, WA
. Small City Model in Alta, UT (population3gT)
. Voluntary Reform in Chapel Hill, N.C.
Leagues of Women Voters of San Mateo County
January 10,2002 I
We understand there are various state and local restrictions which would
determine the type of reform measures that could be adopted. Our own committee
is particularly interested in the public financing model such as the Maine Clean
Money program which has increased the diversity of candidates in addition to
improving voter participation. However, we are open to exploring other
mechanisms that would achieve changes in the way campaigns are financed and
run.
In California, Proposition 208, which was strongly supported by the League of
Women Voters, allowed local governments to apply spending limits. Many cities,
including at least one in our County, passed ordinances complying with its
provisions. The passage of Proposition 34 revoked most of the provisions of
Proposition 208 and those ordinances have been retracted. However, Proposition
34 does have provisions which apply to local governments. We are interested in
exploring those with you to determine whether an ordinance would be feasible in
your jurisdiction.
We are sending this letter to all the members of the Board of Supervisors and to
all the council members in the cities of San Mateo County. We are interested in
making a more detailed presentation to you and would appreciate an opportunity
to speak to you about this issue. If your jurisdiction is interested, please contact
Ruth Kahoun, our LWV San Mateo County Coordinator, at 650-344-4725 to
schedule a presentation.
Sincerely,
\
*ele."-,t-- D1F,E-)-
rJn"" Tyson, preddent
f,
\-k*-Pr-
Marie Baldisseri, President
LWV North San Mateo County
P.O. Box 5734
South San Francisco, CA94083-5734
6s0 952-298t
Linda Craig,
LWV South San Mateo County
800 Alma Street
Menlo Park, CA 94025-3446
650 325-5780
I
lnar,-,
LWV Central San Mateo County
444 Peninsula Avenue Suite I
San Mateo, CA 94401-1653
6s0 342-5853
Leagues of Women Voters of San Mateo County
January L0,2002 2