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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 1 2 J 4 5 6 7 8 9 10 11 l2 13 t4 15 t6 17 18 t9 20 2l 22 23 24 25 26 27 28 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 1 2 J 4 5 6 7 8 9 10 11 t2 l3 t4 15 t6 l7 18 t9 20 2l 22 23 24 25 26 27 28 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 21n4t2002 1 2 aJ 4 5 6 7 8 9 l0 11 t2 13 t4 15 t6 17 18 t9 20 2l 22 23 24 25 26 27 28 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. Jy1412002 I 2 J 4 5 6 7 8 9 10 11 l2 l3 14 15 16 t7 18 T9 20 2t 22 23 24 25 26 21 28 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 I /(^'. d /-e'Lct zrt ,'c h -5 t/14 q.-,14- u, c'ft f ,^^.b t4+ <PM-, U-,aLf , , ./-aha,.t s t Lu trnu *',-./7r^r "7'o-t n-4 ,7 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 J I 2 J 4 5 6 7 8 9 10 11 t2 13 t4 15 t6 t7 18 t9 20 21 22 23 24 25 26 27 28 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 aJ I 2 J 4 5 6 7 8 9 10 u l2 13 t4 15 I6 l7 18 t9 20 2t 22 23 24 25 26 27 28 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) | I i I (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 i I I I I t I ( 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) ( (4.U) 2 ( I I I I t 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. I I I I I ( ( (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 ( I I I ( (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 I (Sa Mreo Ceory 541)(4.68) 6 ( I I ( 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 'of) f 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 I I ( ( { 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) I I I I (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) I I I I ( (4.68) 10 ( { 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. ( (4.72) 2 ( ( 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) ( ( ( (4.72) 4 I I {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) | I I I I ! I t I 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 ( \ Sections: 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 T i 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 ( \ -"iI 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 Bi06 EIIGINEER:S ESNTAIE Fnrd!6 BIO Unn ur{ Prh.P&. 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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 - - - - - )<J =trJo @ E,bJ FDo € cluf, C) 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. 2 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. 2 - il, sr 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 4 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 7 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 8 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 9 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 10 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. ll 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: t2 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 t4 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\ : * $ $ 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