HomeMy WebLinkAboutAgenda Packet - CC - 2001.08.20 CITY 04
BURLINGAME CITY COUNCIL AGENDA City of Burlingame
BURLINGAME
CITY HALL-501 PRIMROSE ROAD
REGULAR MEETING—MONDAY,AUGUST 20, 2001 BURLINGAME,CALIFORNIA 94010
'. i •ui®odi
(650)558-7200
PAGE 1 OF 3
SUGGESTED ACTION
1. CALL TO ORDER 7:00 p.m., Council Chambers
Mayor Galligan attending by
teleconference from the
Sheraton Portland Airport Hotel,
8235 N.E. Airport Way,
Portland, OR 97220-1398
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. MINUTES - Regular Meetings of July 16, 2001 and July 23, 2001 Approval
5. PUBLIC HEARINGS The mayor may limit speakers to three minutes each
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 the Council.
The Ralph M.Brown Act(the State local agency open meeting law)prohibits council
from acting on any matter which is not on the agenda. It is the policy of council to
refer such matters to staff for investigation and/or action. The Mayor may limit
speakers to three minutes each.
7. STAFF REPORTS AND COMMUNICATIONS
a. Introduce ORDINANCE to Roll Back Certain Business License Introduce
Tax Rates to 1992 Rates
b. Introduce ORDINANCE to Amend Section 6.04.200 to Clarify Introduce
Business License Tax Collector's Authority to Classify
Businesses
c. Introduce ORDINANCE Establishing a Thirty-Five Mile Per Introduce
Hour Speed Limit on Trousdale Drive from Sebastian Drive to
Skyline Boulevard
d. Introduce ORDINANCE Amending Construction and Introduce
Demolition Material Recycling Ordinance
e. Direction and Discussion of Civic Engagement for the Housing Direction
Element - Consider Advisory Committee
8. CONSENT CALENDAR- Items on the Consent Calendar are acted on Approve
simultaneously unless separate discussion and/or action are requested by a council
member.
a. Approval of Spending Plan for the 2001 Local Law
Enforcement Block Grant(LLEGB)
" BURLINGAME CITY COUNCIL AGENDA
BURLINGAME City of Burlingame
CITY HALL-501 PRIMROSE ROAD
`` REGULAR MEETING-MONDAY,AUGUST 20, 2001 BURLINGAME,CALIFORNIA 94010
(650)558-7200
PAGE 2 OF 3
b. Approval of Contract for Tree Pruning & Stump Removal,
2001-02 Project#80400, to Timberline Tree Service, Inc. for
not to exceed $135,000
c. RESOLUTION Correcting Budget for Waste Management
Fund
d. Reject Claim of Ronald Perle for Personal Injuries
e. Special Encroachment Permit for a Wooden Picket Fence, one
Foot from the Back of the Sidewalk at 1531 Vancouver Avenue
f. Special Encroachment Permit for a Wooden Picket Fence and a
Wooden Trellis at the Back of the Sidewalk at 1149 Balboa
Avenue
g. Special Encroachment Permit for a Wooden Lattice Fence, One
Foot Four Inches from the Back of the Sidewalk at 1705 Easton
Drive
h. Approval of Attendance for Deputy Building Official to attend
an Out of State Conference in Cincinnati, Ohio
i. Approval of Attendance for City Clerk to attend Out of State
Conference in San Antonio, Texas
j. RESOLUTION Authorizing Grant Application for the
Innovative Peak Load Reduction Program
k. RESOLUTION Accepting the Rollins Road Sanitary Sewer
Pipeline and Pump Station Project, CP 9853 & 9947
1. RESOLUTION Increasing Change Order Authorization to
$622,000 and RESOLUTION Authorizing a Budget Transfer of
$130,000 on the Canyon Road Water Line Replacement
m. RESOLUTION Authorizing Signature for Safekeeping and
Redemption of Investments with BMY Western Trust Company
n. Warrants and Payroll, July 2001
o. Adoption of RESOLUTION of Intention to Amend the Contract
for Miscellaneous Employees with the California Public
Employees' Retirement System(Ca1PERS) and the City of
Burlingame
p. Request from Ross Bruce, Broadway Merchants, to host a Fall
Children's Festival on Sunday, October 14, in Chula Vista Lot
Y from 11:00 a.m. to 2:00 p.m.
9. COUNCIL COMMITTEE REPORTS
4 cl V
BURLINGAME CITY COUNCIL AGENDA City of Burlingame
BURLINGAME
CITY HALL-501 PRIMROSE ROAD
;1:IIIREGULAR MEETING-MONDAY,AUGUST 20, 2001 BURLINGAME,CALIFORNIA 94010
(650)558-7200
PAGE 3 OF 3
10. OLD BUSINESS
11. NEW BUSINESS
a. Review Planning Commission Decision on 301 Airport Set Hearing
12. ACKNOWLEDGMENTS
a. Commission Minutes: Planning, July 23 &August 13, 2001;
Beautification, July 5 &August 2, 2001; Traffic, Safety and
Parking, July 12 &August 9, 2001; Library Board of Trustees,
June 19, 2001
b. Department Reports: Police, June&July, 2001; Finance, June
30, 2001
c. Letter from David Ragsdale, 29 Humbodlt Rd., regarding traffic
problems on North Humboldt St.
d. Letter from Thomas Hornblower regarding leaf blower noise
e. Letter from Mary Faber, Burlingame Historical Society,
regarding the Significant Properties List
f. Letter from Pets-In-Need regarding their Opposition to the Pet
Overpopulation Program
g. Letter from David Woodrow, 1316 Drake, regarding noise
ordinance in Burlingame
h. Quarterly Report for Parks &Recreation
i. Letter from Martin Dreiling resigning position on Planning
Commission
j. Correspondence from Glenborough Realty Trust
k Letter to Council from Director of Public Works Bagdon
regarding Special Encroachment Permit Approval
1. E-mail from Mr. Hassan requesting Council consider regulating
taxi's in the City of Burlingame
m. Letter from Benita Simmerman, 1812 Devereaux Drive,
regarding the SFO Public Forum held at CSM
NOTICE:Any attendees wishing accommodations for disabilities,please contact the City Clerk at(650)558-
7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the
City Clerk's office,City Hall,501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the
meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site
or listen live on our LIVE365 Broadcast via the website.
NEXT MEETING—September 4, 2001
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BURLII / O A M / ANGAE
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c:4;/11.43RATED JUNE 4y
BURLINGAME, CALIFORNIA
August 20, 2001
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 at 7:05 p.m. by Vice Mayor Spinelli.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Frank Pagliaro.
3. ROLL CALL
Council Present: Coffey, Janney, Spinelli, O'Mahony
Council Present via Teleconference: Galligan (Sheraton Portland Airport Hotel, 8235 N.E.
Airport Way, Portland, OR 97220-1398
Absent: None
4. MINUTES
Councilwoman Janney made a motion to approve the minutes of the regular meeting of July 16, 2001 ;
seconded by Councilman Coffey, approved unanimously by roll call vote, 5-0. Councilwoman Janney
made a motion to approve the minutes of the regular meeting of July 23, 2001 ; seconded by
Councilman Coffey, approved unanimously by roll call vote, 5-0.
5. PUBLIC HEARINGS
There were no public hearings.
6. PUBLIC COMMENTS
Frank Pagliaro spoke regarding the quality of water in his home; Dan Anderson, 728 Vernon Way,
spoke regarding the unanimous recommendation made by the Teen Center Advisory Committee, Ken
Castle, 1411 Drake Avenue, stated he also has concerns about the water quality in his neighborhood;
concerned about why Martin Dreiling resigned from the Planning Commission.
7. STAFF REPORTS AND COMMUNICATIONS
a. INTRODUCE ORDINANCE TO ROLL BACK CERTAIN BUSINESS LICENSE TAX
RATES TO 1992 RATES
City Attorney Anderson noted that the June 2001 La Habra decision of the California Supreme Court
placed a number of local taxes at risk because of the Court's elimination of protection for ordinances
Burlingame City Council 1 August 20, 2001
from the passage of time. Three taxes are being submitted to the voters in the November, 2001
election. CA noted a number of business-specific taxes were found to be too complex and detailed to
warrant submission to the voters. Instead, staff recommended that the Council roll these taxes back to
the 1992 tax rates in place when they were last increased. These include theaters, being reduced by
$50 per year and eliminating any distinction between outdoor and indoor theaters, amusement devices
being reduced by$15 per machine to include both amusement machines and music machines, motor
vehicle sales being reduced by$50 per year, peddlers and solicitors being reduced by$30 per year and
clarifying delivery business taxes, closing out sales being reduced by$50, $25 and $65 depending on
category of business, curb painters being reduced by$15 per employee; and rental car agencies being
reduced by$100 per year. The total fiscal effect on the City from these reductions will be in the
range of$3,000 per year.
Vice Mayor Spinelli requested the City Clerk read the title of the ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by
Councilwoman Janney, approved by roll call vote, 5-0. Councilman Coffey made a motion to approve
the introduction of the proposed ordinance; seconded by Councilwoman Janney, approved by roll call
vote, 5-0.
Vice Mayor Spinelli directed the City Clerk to publish a notice of the proposed ordinance at least five
days prior to its proposed adoption.
b. INTRODUCE ORDINANCE TO AMEND SECTION 6.04.200 TO CLARIFY BUSINESS
LICENSE TAX COLLECTOR'S AUTHORITY TO CLASSIFY BUSINESSES
CA Anderson noted that because of the complexity of today's businesses and ordinances that fix tax
rates based on the nature or predominant nature of a business, it is appropriate to clarify that the
business license tax collector has the authority to determine which classification a business fits. Some
cities automatically apply the highest possible tax rate. The proposed ordinance here would authorize
the tax collector to use the collector's judgment based on the information present. The classification
would be subject to appeal to the City Council as with other business tax determinations.
Vice Mayor Spinelli requested the City Clerk read the title of the ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by
Councilwoman Janney, approved by roll call vote, 5-0. Councilman Coffey made a motion to approve
the introduction of the proposed ordinance; seconded by Councilwoman Janney, approved by roll call
vote, 5-0.
Vice Mayor Spinelli directed the City Clerk to publish a notice of the proposed ordinance at least five
days prior to its proposed adoption.
c. INTRODUCE AN ORDINANCE ESTABLISHING A THIRTY-FIVE MILE PER HOUR
SPEED LIMIT ON TROUSDALE DRIVE FROM SEBASTIAN DRIVE TO SKYLINE
BOULEVARD
Director of Public Works Bagdon noted that the Traffic, Safety and Parking Commission considered
the petition signed by local residents regarding this issue. A major issued raised as a result of the
August 20,2001 2 Burlingame City Council
petition was the need to reduce speeds on Trousdale Drive for access from side streets without
intersection control and from driveways. Based on this concern, staff developed traffic counts,
accident and speed information for various areas.
Vice Mayor Spinelli requested the City Clerk read the title of the ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by
Councilwoman Janney, approved by roll call vote, 5-0. Councilman Coffey made a motion to approve
the introduction of the proposed ordinance; seconded by Councilwoman Janney, approved by roll call
vote, 5-0.
Vice Mayor Spinelli directed the City Clerk to publish a notice of the proposed ordinance at least five
days prior to its proposed adoption.
d. INTRODUCE AN ORDINANCE AMENDING CONSTRUCTION AND DEMOLITION
RECYCLING PROGRAM
City Attorney noted approximately six months ago, Council adopted a construction and demolition
debris recycling ordinance that implemented a program in the building department to begin recycling
this material as part of the building permit process. The program has been successful, but staff feels
that some streamlining is in order. Approximately 135 tons of structural construction debris and 359
tons of concrete asphalt have been documented as diverted from landfill as a result of the ordinance.
Ongoing construction projects represents significant diversion that will be documented upon their
completion.
The amendments to the ordinance will focus staff time on construction and demolition projects that
generate the most waste, simplify the determination of which alterations must meet ordinance's
recycling requirements, streamline the calculation of recycling deposits and insure the deposits
properly serve as an incentive for recycling, and provide a maximum limit for deposits to prevent
excessively large deposits.
Vice Mayor Spinelli requested the City Clerk read the title of the ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by
Councilwoman Janney, approved by roll call vote, 5-0. Councilman Coffey made a motion to approve
the introduction of the proposed ordinance; seconded by Councilwoman Janney, approved by roll call
vote, 5-0.
Vice Mayor Spinelli directed the City Clerk to publish a notice of the proposed ordinance at least five
days prior to its proposed adoption.
e. DISCUSS CIVIC ENGAGEMENT FOR THE HOUSING ELEMENT: SHOULD WE
CONSIDER APPOINTING A CITIZEN'S ADVISORY COMMITTEE?
CP Monroe noted one of the main tenets of preparing the Housing Element is to maximize local citizen
participation. There is no requirement for citizen participation mandated by the state, except that the
local jurisdiction make every effort. In the preparation of the 1993/94 Housing Element the city held
two workshops. These workshops were well attended by a self-selected cross section of local residents
and business people interested in the housing issues,which confronted the city at that time.
Burlingame City Council 3 August 20,2001
•
Staff is proposing to have a second Housing Element Workshop on September 19, 2001 at 7:00 p.m.;
undertaking an even broader public notification for this meeting, however, concerned that attendance
may again be low.
Due to the timing of the next Council meeting and the date of the second scheduled workshop date,
Council decided to postpone appointing a citizen's advisory committee.
8. CONSENT CALENDAR
City Manager Nantell removed Item a, Approval of Spending Plan for the 2001 Local Law
Enforcement Block Grant (LLEGB) as it should have been listed under Public Hearings and noticed.
This item will be heard at a future council meeting.
Director of Public Works Bagdon added a condition to item 80 that was not included in the packet; on
the encroachment permit attachment, third page, should read"In compliance with your request of July
10, 2001 and subject to all terms, conditions and restrictions set forth here within, permission is hereby
granted for the construction of a 4' high wooden picket fence and 7'high trellis located at the gate.
b. APPROVAL OF CONTRACT FOR TREE PRUNING AND STUMP REMOVAL, 2001/02
PROJECT#80400, TO TIMBERLINE TREE SERVICE, INC. NOT TO EXCEED $135,000
Park Superintendent Richmond recommended that Council adopt RESOLUTION#92-2001 accepting
Timberline Tree Service, Inc., as the low responsible bidder on this project.
c. RESOLUTION#93-2001 CORRECTING BUDGET FOR WASTE MANAGEMENT FUND
Assistant City Manager Becker recommended Council approve RESOLUTION#93-2001 correcting
the budget for the waste management fund.
d. REJECT CLAIM OF RONALD PERLE FOR PERSONAL INJURIES
CA Anderson recommended rejecting claim of Ronald Perle for bicycle accident on August 11, 2000.
e. SPECIAL ENCROACHMENT PERMIT FOR A WOODEN PICKET FENCE, ONE FOOT
FROM THE BACK OF THE SIDEWALK AT 1531 VANCOUVER AVENUE
DPW Bagdon recommended Council approve the Special Encroachment Permit for a wooden picket
fence in accordance with the drawings, permit and conditions contained in the staff report.
f. SPECIAL ENCROACHMENT PERMIT FOR A WOODEN PICKET FENCE AND A
WOODEN TRELLIS AT THE BACK OF THE SIDEWALK AT 1149 BALBOA AVENUE
DPW Bagdon recommended Council approve the Special Encroachment Permit for a wooden picket
fence and wooden trellis in accordance with the drawings, permit and conditions contained in the staff
report.
g. SPECIAL ENCROACHMENT PERMIT FOR A WOODEN LATTICE FENCE, ONE
August 20,2001 4 Burlingame City Council
•
FOOT FOUR INCHES FROM THE BACK OF THE SIDEWALK AT 1705 EASTON
DRIVE
DPW Bagdon recommended Council approve the Special Encroachment Permit for a wooden lattice
fence trellis in accordance with the drawings, permit and conditions contained in the staff report.
h. APPROVAL OF ATTENDANCE AT OUT OF STATE CONFERENCE
DPW Bagdon recommended Council approve the attendance of the Deputy Building Official at the
International Conference of Building Officials in Cincinnati, Ohio.
i. APPROVAL OF ATTENDANCE AT OUT OF STATE CONFERENCE
City Clerk Musso recommended Council approve her attendance at the 3CMA annual conference
meeting in San Antonio, Texas.
j. RESOLUTION #95-2001 AUTHORIZING GRANT APPLICATION FOR THE
INNOVATIVE PEAK LOAD REDUCTION PROGRAM
DPW Bagdon recommended Council approve RESOLUTION#95-2001 authorizing the City to apply
for grant funding through the California Energy Commission for the Innovative Efficiency and
Renewables Program.
k. RESOLUTION #91-2001 ACCEPTING THE ROLLINS ROAD SANITARY SEWER
PIPELINE AND PUMP STATION PROJECT, CITY PROJECT NOS. 9853 AND 9947
DPW Bagdon recommended that Council approve RESOLUTION#91-2001 accepting the Rollins
Road Sanitary Sewer Pipeline and Pump Station Project completed by McGuire and Hester, Inc., in the
amount of$770,227.70.
1. RESOLUTION #90-2001 INCREASING CHANGE ORDER AUTHORIZATION AND
RESOLUTION #89-2001 AUTHORIZING A BUDGET TRANSFER ON THE CANYON
ROAD WATER LINE REPLACEMENT
DPW Bagdon recommended Council approve RESOLUTION#90-2001 to increase in the amount of
change order authorization to $622,000 for the waterline replacement project and approve
RESOLUTION#89-2001 for a budget transfer in the amount of$130,000.
m. RESOLUTION#88-2001 AUTHORIZING SIGNATURES FOR SAFEKEEPING AND
REDEMPTION OF INVESTMENT INSTRUMENTS
ACM Becker recommended Council approve RESOLUTION#88-2001 authorizing signatures for
safekeeping and redemption of investment instruments.
n. WARRANTS AND PAYROLL
Finance Director Becker recommended approval of Warrants 77287-77988, excluding library checks
77455-77457 in the amount of$3,032,850.47, Payroll Checks 139166-140084 in the amount of
$1,566,749.33, and EFT's in the amount of$354,131.58 for the month of July, 2001.
Burlingame City Council 5 August 20,2001
o. AUTHORIZATION OF RESOLUTION #94-2001 TO AMEND THE CONTRACT FOR
MISCELLANEOUS EMPLOYEES WITH THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) AND THE CITY OF BURLINGAME
HR Director Bell recommended Council approve RESOLUTION#94-2001 stating the City's intent to
amend its miscellaneous employee contract with CaIPERS.
p. REQUEST FROM ROSS BRUCE, BROADWAY MERCHANTS, TO HOST A FALL
CHILDREN'S FESTIVAL ON SUNDAY, OCTOBER 14, IN CHULA VISTA LOT Y
FROM 11:00 A.M. TO 2:00 P.M.
City Manager Nantell recommended approval of closure of Chula Vista Lot Y as requested subject to
submittal of insurance, signature of hold harmless, and merchants clean up.
Mayor Galligan made a motion to approve the consent calendar with the exception of item 8a and with
the changes to item 8f; seconded by Councilwoman Janney, approved by roll call vote, 5-0.
At 7:36 p.m., Mayor Galligan signed off from his location in Oregon.
9. COUNCIL COMMITTEE REPORTS
Councilwoman Janney attended a CMAC Committee meeting and a SamTrans Board of Directors
meeting. Councilman Coffey noted all Council Members attended the PFRN Luau, San Mateo County
Fair opening, Burlingame Employee Awards Luncheon, San Mateo County Labor Council Meeting,
and presentation of"Mangini Way" sign to Vic Mangini (Mary Janney could not attend due to a prior
engagement). Councilwoman O'Mahony attended a labor workshop and a CCAG meeting. Vice
Mayor Spinelli attended a Airport Roundtable Workshop meeting.
10. OLD BUSINESS
There was no old business.
11. NEW BUSINESS
Mayor Galligan requested a hearing be set for September 4, 2001 regarding the planning commission
decision on 301 Airport Boulevard.
Councilman Coffey requested the leaf blower ordinance that the City Attorney is currently working on
be combined with the recommendations received regarding general neighborhood construction.
Councilwoman O'Mahony suggested encroachment permits be taken off the consent calendar and
handled administratively; also, would like an update on what the state law is regarding time
extensions.
Councilman Coffey suggested the rescheduling of the October 15 Council meeting due to conflicts in
four of the Council Member's schedules. Would also like to discuss a presentation honoring Vic
August 20,2001 6 Burlingame City Council
Mangini and the changing of the address at Burlingame High School to "One Mangini Way".
Vice Mayor Spinelli discussed his ideas about the new Safeway store.
12. ACKNOWLEDGEMENTS
a. Commission Minute: Planning, July 23 &August 13, 2001; Beautification, July 5 & August 2,
2001; Traffic, Safety&Parking, July 12 &August 9, 2001; Library Board of Trustees, June 19,
2001
b. Department Reports: Police, June & July, 2001; Finance, June 30, 2001
c. Letter from David Ragsdale, 29 Humboldt Rd., regarding traffic problems on North Humboldt St.
d. Letter from Thomas Hornblower regarding leaf blower noise
e. Letter from Mary Faber, Burlingame Historical Society, regarding Significant Properties List
f. Letter from Pets-In-Need regarding their Opposition to the Pet Overpopulation Program
g. Letter from David Woodrow, 1316 Drake, regarding noise ordinance in Burlingame
h. Quarterly Report for Parks &Recreation
i. Letter from Martin Dreiling resigning position on Planning Commission
j. Correspondence from Glenborough Realty Trust
k. Letter to Council from Director of Public Works Bagdon regarding Special Encroachment Permit
Approval
1. E-mail from Mr. Hassan requesting Council consider regulating taxi's in the City of Burlingame
City Manager Nantell stated some cities regulate the number of taxi's in the City; believe dedicating
more resources to regulating the number of taxi's given the amount of concern raised by the residents
is not a high priority. Council concurred with the City Manager.
m. Letter from Benita Zimmerman, 1812 Devereaux Drive,regarding SFO Public Form held at CSM
Burlingame City Council 7 August 20,2001
13. ADJOURNMENT
Vice Mayor Spinelli adjourned the meeting at 8:51 in memory of Bill Sutherland, Ellen Pors, and Mary
Jane Zirkle.
Ann T. Musso
City Clerk
August 20,2001 8 Burlingame City Council
� ciTr Arev
BURLINGAME CITY COUNCIL AGENDA City of Burlingame
BURLINGAME
CITY HALL-501 PRIMROSE ROAD
-�,� ,� REGULAR MEETING-MONDAY,AUGUST 20, 2001 BURLINGAME,CALIFORNIA 94010
Z ate. (650)558-7200
� PAGE 1 OF 3
SUGGESTED ACTION
1. CALL TO ORDER 7:00 p.m., Council Chambers
Mayor Galligan attending by
teleconference from the
Sheraton Portland Airport Hotel,
8235 N.E. Airport Way,
Portland, OR 97220-1398
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. MINUTES - Regular Meetings of July 16, 2001 and July 23, 2001 Approval
5. PUBLIC HEARINGS The mayor may limit speakers to three minutes each
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 the Council.
The Ralph M.Brown Act(the State local agency open meeting law)prohibits council
from acting on any matter which is not on the agenda. It is the policy of council to
refer such matters to staff for investigation and/or action. The Mayor may limit
speakers to three minutes each.
7. STAFF REPORTS AND COMMUNICATIONS
a. Introduce ORDINANCE to Roll Back Certain Business License Introduce
Tax Rates to 1992 Rates
b. Introduce ORDINANCE to Amend Section 6.04.200 to Clarify Introduce
Business License Tax Collector's Authority to Classify
Businesses
c. Introduce ORDINANCE Establishing a Thirty-Five Mile Per Introduce
Hour Speed Limit on Trousdale Drive from Sebastian Drive to
Skyline Boulevard
d. Introduce ORDINANCE Amending Construction and Introduce
Demolition Material Recycling Ordinance
e. Direction and Discussion of Civic Engagement for the Housing Direction
Element - Consider Advisory Committee
8. CONSENT CALENDAR- Items on the Consent Calendar are acted on Approve
simultaneously unless separate discussion and/or action are requested by a council
member.
a. Approval of Spending Plan for the 2001 Local Law
Enforcement Block Grant (LLEGB)
4CITY O�
AI BURLINGAME CITY COUNCIL AGENDA City of Burlingame
BURLINGAME
CITY HALL-501 PRIMROSE ROAD
:741r REGULAR MEETING-MONDAY,AUGUST 20, 2001 BURLINGAME,CALIFORNIA 94010
(650)558-7200
PAGE 2 OF 3
b. Approval of Contract for Tree Pruning& Stump Removal,
2001-02 Project#80400, to Timberline Tree Service, Inc. for
not to exceed $135,000
c. RESOLUTION Correcting Budget for Waste Management
Fund
d. Reject Claim of Ronald Perle for Personal Injuries
e. Special Encroachment Permit for a Wooden Picket Fence, one
Foot from the Back of the Sidewalk at 1531 Vancouver Avenue
f. Special Encroachment Permit for a Wooden Picket Fence and a
Wooden Trellis at the Back of the Sidewalk at 1149 Balboa
Avenue
g. Special Encroachment Permit for a Wooden Lattice Fence, One
Foot Four Inches from the Back of the Sidewalk at 1705 Easton
Drive
h. Approval of Attendance for Deputy Building Official to attend
an Out of State Conference in Cincinnati, Ohio
i. Approval of Attendance for City Clerk to attend Out of State
Conference in San Antonio, Texas
j. RESOLUTION Authorizing Grant Application for the
Innovative Peak Load Reduction Program
k. RESOLUTION Accepting the Rollins Road Sanitary Sewer
Pipeline and Pump Station Project, CP 9853 & 9947
1. RESOLUTION Increasing Change Order Authorization to
$622,000 and RESOLUTION Authorizing a Budget Transfer of
$130,000 on the Canyon Road Water Line Replacement
m. RESOLUTION Authorizing Signature for Safekeeping and
Redemption of Investments with BMY Western Trust Company
n. Warrants and Payroll, July 2001
o. Adoption of RESOLUTION of Intention to Amend the Contract
for Miscellaneous Employees with the California Public
Employees' Retirement System (Ca1PERS) and the City of
Burlingame
p. Request from Ross Bruce, Broadway Merchants, to host a Fall
Children's Festival on Sunday, October 14, in Chula Vista Lot
Y from 11:00 a.m. to 2:00 p.m.
9. COUNCIL COMMITTEE REPORTS
4 CITY O�
BURLINGAME CITY COUNCIL AGENDA City of Burlingame
BURLINGAME
CITY HALL-501 PRIMROSE ROAD
;---,111 REGULAR MEETING-MONDAY, AUGUST 20, 2001 BURLINGAME,CALIFORNIA 94010
\411L'-
(650)558-7200
PAGE 3 OF 3
10. OLD BUSINESS
11. NEW BUSINESS
a. Review Planning Commission Decision on 301 Airport Set Hearing
12. ACKNOWLEDGMENTS
a. Commission Minutes: Planning, July 23 &August 13, 2001;
Beautification, July 5 & August 2, 2001; Traffic, Safety and
Parking, July 12 &August 9, 2001; Library Board of Trustees,
June 19, 2001
b. Department Reports: Police, June &July, 2001; Finance, June
30, 2001
c. Letter from David Ragsdale, 29 Humbodlt Rd., regarding traffic
problems on North Humboldt St.
d. Letter from Thomas Hornblower regarding leaf blower noise
e. Letter from Mary Faber, Burlingame Historical Society,
regarding the Significant Properties List
f. Letter from Pets-In-Need regarding their Opposition to the Pet
Overpopulation Program
g. Letter from David Woodrow, 1316 Drake, regarding noise
ordinance in Burlingame
h. Quarterly Report for Parks &Recreation
i. Letter from Martin Dreiling resigning position on Planning
Commission
j. Correspondence from Glenborough Realty Trust
k Letter to Council from Director of Public Works Bagdon
regarding Special Encroachment Permit Approval
1. E-mail from Mr. Hassan requesting Council consider regulating
taxi's in the City of Burlingame
m. Letter from Benita Simmerman, 1812 Devereaux Drive,
regarding the SFO Public Forum held at CSM
NOTICE:Any attendees wishing accommodations for disabilities,please contact the City Clerk at(650)558-
7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the
City Clerk's office,City Hall,501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the
meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site
or listen live on our LIVE365 Broadcast via the website.
NEXT MEETING—September 4, 2001
dir:171114h 4* PO
BURLINGAME
N.T[D
UNAPPROVED MINUTES
BURLINGAME, CALIFORNIA
July 16, 2001
1. REGULAR MEETING CALLED TO ORDER
At this time, City Attorney Anderson reported on the Closed Session:
a. Personnel Matter(Government Code Section 54957): one matter discussed with the City
Manager.
b. Pending Litigation (Government Code Section 54956.9(a)): City of Burlingame vs. Judy
Gladysz, San Mateo Superior Court Case No. 412328; City Council instructed City Attorney
Anderson regarding ongoing negotiations in this matter.
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City
Negotiators Jim Nantell, Bob Bell, and IEDA; Labor Organizations AFSCME Locals 2190
and 829, and BAMM.
2. PLEDGE OF ALLEGIEANCE TO THE FLAG
Recited at the Financing Authority Meeting by Iry Amstrup.
3. ROLL CALL
Council Present: Coffey, Galligan, Spinelli, O'Mahony
Council Absent: Janney(attending SamTrans Board of Directors Meeting)
4. MINUTES
The following corrections were noted on the July 2, 2001 minutes: page (2), all of the
Councilmembers visited the site at 1524 Los Montes; page (2) the setback is 5', not 5"; on page 7,
"Councilman" is misspelled, under Council Committee Reports, Cotchett and celebration is
misspelled. Councilwoman O'Mahony made a motion to approve the minutes of July 2, 2001;
seconded by Vice Mayor Spinelli, approved by voice vote, 4-0-1 with Councilwoman Janney absent.
Vice Mayor Spinelli made a motion to approve the minutes of the Special Meeting of July 9, 2001;
seconded by Councilwoman O'Mahony, approved by voice vote, 3-0-2, with Councilman Coffey
abstaining due to not being present at that meeting, and Councilwoman Janney being absent.
At this time, Mayor Galligan pulled the following items from the consent calendar for further
discussion: 8a) AFSCME Agreement, 8b)BAMM Agreement, 8g)Resolution Approving Agreement
Burlingame City Council 1 July 16,2001
Unapproved Minutes
for Development of a Synthetic Grass Field at the Burlingame High School Football Field and 8m)
Direction for Voting at July 20, 2001 Cities Selection Committee and Council of Cities Meeting.
5. PUBLIC HEARINGS
a. ADOPT ORDINANCE #1660 ESTABLISHING 2001/02 WATER RATES
Assistant City Manager Becker noted water rates are reviewed annually following preparation of the
proposed budget. The proposed consumption rate increase from $2.45/1,000 gallons to $2.54/1,000
gallons 3.7% and a$1.89 increase (31.5%) in the monthly service charge are caused by a 3.7%
increase in the cost of water purchased from the San Francisco Water Department, and the need to
continue funding the five-year capital improvement program for the water system. The recommended
transfer from the water fund for capital improvements is $550,000, up from $450,000 in 2000-01;
noted at the May 17 Council meeting, DPW Bagdon presented to Council the updated five-year capital
improvements plan. The plan showed total estimated capital improvement needs for the water
enterprise of$23 to $50 million. Over the next five years, the city is expected to spend $7 million on
water projects, and does not include the anticipated improvements needed for the entire Hetch Hetchy
system. The present capacity for capital funding at current rates is only$550,000. A comprehensive
financial plan for these capital improvements will be done this coming year. A component of this plan
will probably be significant increases in the water rates over time plus a possible use of general fund
reserves to assist this enterprise. The water fund currently carries a $1 million loan from the general
fund.
Mayor Galligan opened the public hearing. There were no comments from the floor and the hearing
was closed.
Councilman Coffey made a motion to adopt Ordinance#1658 Establishing 2001/02 Water Rates;
seconded by Vice Mayor Spinelli, approved by voice vote, 4-0-1 with Councilwoman Janney absent.
b. ADOPT ORDINANCE #1658 ESTABLISHING 2001/02 SEWER RATES
Assistant City Manager Becker noted that the Federal Environmental Protection Agency regulations
require that operation and maintenance costs for the city's sewer enterprise be paid from the sewer rate
with a specific method for calculating the rate based on flow and loading. For the determination of the
rate, the revenue required was reduced by the estimated amount to be received from Burlingame Hills
and Hillsborough. Their respective flows and loadings were removed from the program. The primary
reason for the rate increase is to continue accumulation of funding for the capital improvement
program for the sewer collection system and wastewater treatment plant; noted at the May 17 Council
meeting, DPW Bagdon presented to Council the updated five-year capital improvements plan. The
plan showed total estimated capital improvement needs for the sewer enterprise of$25 to $50 million.
A comprehensive financial plan for these capital improvements will be done this coming year. A
component of this plan will probably be significant increases in the sewer rates over time plus a
possible use of general fund reserves to assist this enterprise.
July 16,2001 2 Burlingame City Council
Unapproved Minutes
•
Mayor Galligan opened the public hearing. There were no comments from the floor and the hearing
was closed.
Councilwoman O'Mahony made a motion to adopt Ordinance#1660 establishing 2001/02 sewer rates;
seconded by Councilman Coffey, approved by voice vote, 4-0-1 with Councilwoman Janney absent.
c. ADOPT ORDINANCE TO INSTALL A STOP SIGN ON TROUSDALE DRIVE AT
QUESADA WAY
DPW Bagdon noted the Traffic, Safety and Parking Commission considered a petition circulated by
residents. One issue raised as a result of the petition was the need to add stop signs for access to
Trousdale Drive from side streets. Based on this concern, staff developed traffic counts and speed
information for various areas, including the intersection of Quesada Way and Trousdale Drive.
Staff recommended that the stop sign be considered by the TSPC as it met the traffic volume warrant.
Although there is a low traffic accident history and there would be increased braking noise and gas use,
staff believes that the benefits of a stop sign outweigh these concerns. The stop sign would provide a
more controlled flow during peak traffic periods, especially for eastbound traffic, which backs up as
many as ten vehicles in each lane. Also, the stop sign would better facilitate pedestrian crossings.
Therefore, staff supports the Commission recommendation.
Mayor Galligan opened the public hearing. There were no comments from the floor and the hearing
was closed.
Councilman Coffey made a motion to adopt Ordinance#1659 to install a stop sign on Trousdale Drive
at Quesada Way; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1, with
Councilwoman Janney absent.
6. PUBLIC COMMENTS
Linda Gregory, representing AFSCME and BAMM,thanked Council for their support in the
negotiations for the labor contract for the two labor groups. Russ Cohen, 605 Lexington Way, stated
he was concerned about the approval of the synthetic turf at Burlingame High School and the loss of
natural resources. Dan Anderson, 728 Vernon Way, spoke regarding the Teen Center and wanted to
know what type of parameters were given to the Committee and Architects regarding the center.
Charles Burn, 956 Jackling Drive, Hillsborough, noted that the grass football field at Burlingame High
School has already been torn out; wanted to know if it will be replaced with Astroturf or new grass.
At this time, Mayor Galligan requested discussion of items 8a) and 8b) that was previously pulled from
the consent calendar.
8a. RESOLUTION #75-2001 APPROVING LABOR AGREEMENT WITH AFSCME
LOCALS 829 AND 2190
Human Resources Director Bell recommended that Council approve Resolution#75-2001 approving
the three-year labor agreement with the American Federation of State, County and Municipal
Employees (AFSCME) Local 829 and 2190. These two local groups represent non-management
miscellaneous employees of the City of Burlingame.
Burlingame City Council 3 July 16,2001
Unapproved Minutes
Councilwoman O'Mahony made a motion to approve item 8a) on the consent calendar; seconded by
Councilman Coffey, approved by voice vote, 4-0-1, with Councilwoman Janney absent.
8b. RESOLUTION #76-2001 APPROVING LABOR AGREEMENT WITH BAMM
City Manager Nantell recommended Council approve Resolution#76-2001 approving the three and
one-half(3-1/2) year labor agreement with the Burlingame Association of Middle Managers (BAMM).
This unit represents the miscellaneous management employees of the City of Burlingame.
Councilwoman O'Mahony made a motion to approve items and 8b) on the consent calendar; seconded
by Vice Mayor Spinelli, approved by voice vote, 4-0-1, with Councilwoman Janney absent.
7. STAFF REPORTS AND COMMUNICATIONS
a. UPDATE BY SUPERINTENDENT TOM MOHR TO COUNCIL/COMMUNITY ON
PROGRAMS OF THE SAN MATEO UNION HIGH SCHOOL DISTRICT
Superintendent Tom Mohr made a presentation to Council on programs in the school district, including
the boundary study and modernization of the high schools.
At this time, Mayor Galligan requested that Acting Parks &Recreation Director Schwartz discuss item
8g) on the Consent Calendar:
8g) RESOLUTION #81-2001 APPROVING AGREEMENT FOR DEVELOPMENT OF A
SYNTHETIC GRASS FIELD AT THE BURLINGAME HIGH SCHOOL
FOOTBALL FIELD
Acting Parks &Recreation Director Schwartz stated that the goal throughout this process has been to
maximize the amount of resources in Burlingame. There has been a lot of research conducted on the
synthetic grass field to make sure it is the best thing for the entire community, not just for the school
children or community members. Noted he spoke with several facilities throughout the country
regarding the materials, visited fields currently using the material and also brought back samples. This
issue has been discussed several times at Parks & Recreation Commission meetings; the school board
has asked many of the same questions asked by Council.
Mayor Galligan noted there was a minor adjustment in wording of the contract; the school district has
requested that, in the event there is a playoff or championship game that is not on the schedule, it
would take priority over any other scheduled events.
Vice Mayor Spinelli made a motion to approve Resolution#81-2001 approving the agreement for
development of a synthetic grass field at the Burlingame High School Football Field; seconded by
Councilwoman O'Mahony, approved by voice vote, 4-0-1,with Councilwoman Janney absent.
July 16,2001 4 Burlingame City Council
Unapproved Minutes
b. DISCUSSION OF POSSIBLE BALLOT MEASURES REGARDING (1)
CONTINUING THE 10% TRANSIENT OCCUPANCY TAX RATE; (2)
CONTINUING THE GENERAL BUSINESS LICENSE TAX AT $100 PER YEAR;
AND (3) ESTABLISHING A COMMERCIAL PARKING TAX AT THE RATE OF
5% OF GROSS REVENUE
Mayor Galligan noted he will not participate in the discussion regarding the establishment of a
commercial parking tax due to his ownership in a similar business in a neighboring city.
City Attorney Anderson noted that on July 2, 2001, a public hearing was held regarding this matter.
Staff is recommending that these taxes be considered for submission to the voters in the November
election.
The first tax is a tax rate increase that was adopted in 1991 in which the transient occupancy tax was
increased from 8%to 10%; the 2% increment is a significant portion of the City's general fund, which
has helped fund various projects in the City. The second tax concerns the business license tax,which
was increased from $50 to $100 in 1992. It is not as significant to the City's general fund as the
transient occupancy tax but it still generates approximately$275,000 per year. The third tax that is
suggested to the Council: is for establishment of a tax on parking facilities. Currently, there is a tax in
the City that is placed on airport parking facilities, which is based on 5% of gross receipts and
generates approximately $250,000 per year. Two versions will be presented for consideration by the
Council; the first version would place a tax on commercial parking facilities but exempt a significant
portion of those facilities; the second version would not contain those exemptions.
Two categories would be exempt in the first version:
a) Commercial parking facilities where parking is not the predominant use of the parcel. (I.e.,
hotel parking lots, parking lots where no charge is imposed,publicly owned and operated lots,
apartment and condominium parking lots, company-controlled parking lots, and car dealers
who would be placing their inventory on another parcel.)
b) tow companies that offer other services. Where the tow company is operating a parking lot in
the City but not conducting another predominant use on the site, there WOULD be a tax
imposed on the storage charge the towing company collects. This is aimed at parking lots that
do not seem to generate any other revenue to support services that are provided to them (i.e., do
not pay sales taxes or transient occupancy taxes.)
The second version takes away those exemptions and basically states that if a company charges for
parking, the owner would pay on the gross receipts that were gained from the private parking.
Council gave City Attorney Anderson direction on the versions they would like to see placed on the
ballot in November.
8. CONSENT CALENDAR
c. RESOLUTION #77-2001 AUTHORIZING TRANSFER OF FUNDS FROM
CONTINGENCY RESERVE FOR ADDITIONAL POSITION IN HUMAN
RESOURCES DEPARTMENT
Burlingame City Council 5 July 16,2001
Unapproved Minutes
Human Resources Director Bell recommended Council approve Resolution#77-2001 authorizing the
addition of one Human Resources Specialist (1.0 full time equivalent) and approve the transfer of
$70,000 from the contingency reserve.
d. RESOLUTION#78-2001 APPROVING AGREEMENT FOR EMS CLINICAL
EDUCATION SPECIALIST
Fire Chief Reilly recommended Council approve Resolution#78-2001 authorizing the "Agreement for
Joint EMS Training Program" amongst the cities of Burlingame, Millbrae, the Town of Hillsborough
and the California Department of Forestry— Santa Cruz/San Mateo Ranger unit and the City of San
Mateo.
e. RESOLUTION#79-2001 APPROVING TRANSFER OF FUNDS FROM POLICE
BUDGET TO POLICE FURNITURE ERGONOMIC UPGRADE PROJECT
Police Chief Missel recommended Council approve Resolution#79-2001 authorizing the transfer of
$30,000 from the 2000/01 Police Department's operating budget to complete a workstation
refurbishing project.
f. RESOLUTION#80-2001 REVISING PROCEDURES FOR SETTLEMENT AND
PAYMENT OF SELF-INSURANCE CLAIMS
City Attorney Anderson recommended Council approve Resolution#80-2001 to establish higher limits
for administrative denial and settlement of self-insurance claims and clarifying settlement for workers
compensation claims.
h. RESOLUTION#82-2001 AWARDING CONTRACT FOR BURLINGAME
CORPORATION YARD RECONSTRUCTION
Director of Public Works Bagdon recommended Council approve Resolution#82-2001 awarding the
subject contract to Dennis J. Amoroso Construction Company, Inc. in the amount of$9,928,000.
i. RESOLUTION#83-2001 AUTHORIZING EXAMINATION OF SALES AND USE
TAX RECORD BY DESIGNATED EMPLOYEES,AND RESOLUTION #84-2001
AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS BY
DESIGNATED SALES TAX CONSULTANT
Assistant City Manager/Administrative Services Director Becker recommended Council approve
Resolution 83-2001 and 84-2001 authorizing the examination of sales tax records by designated city
employees and city sales tax consultant.
j. INFORMATION REPORT REGARDING BOND SIZING AND CALENDAR OF
ACTIVITY FOR BIDS AND CLOSING OF BOND ISSUE
Assistant City Manager/Administrative Services Director Becker noted in his staff report that Council
July 16,2001 6 Burlingame City Council
Unapproved Minutes
previously authorized up to $15,000,0000, and staff and the audit committee concurred that this
amount should be issued. The highly favorable(3-5%)rates anticipated by the financial advisor, the
AA rating received by the City from Standard and Poors, and the need to conserve water and sewer
enterprise cash in the near term to fund other projects together supported the $15,000,000 issue.
k. CONSENT TO REPRESENTATION BY SAN MATEO COUNTY COUNSEL IN SAN
FRANCISCO BAYKEEPER VS. CALIFORNIA STATE WATER RESOURCES
CONTROL BOARD, SAN MATEO COUNTY SUPERIOR COURT CASE NO. 416800
City Attorney Anderson recommended Council authorize the County Counsel to represent the City of
Burlingame in the recently filed lawsuit by San Francisco Baykeeper challenging the Regional Water
Board permit decision-making.
1. SPECIAL ENCROACHMENT PERMIT FOR A WOODEN FENCE WITHIN THE
CITY'S RIGHT-OF-WAY AT 2901 ARGUELLO DRIVE
Director of Public Works recommended Council approve the attached Special Encroachment Permit
for a wooden fence in accordance with the drawings, permit and conditions outlined in the staff report.
Vice Mayor Spinelli made a motion to approve the consent calendar with the exception of items a, b, g
and m; seconded by Councilman Coffey, approved by voice vote, 4-0-1, with Councilwoman Janney
absent.
At this time, Mayor Galligan brought forth item 8m from the consent calendar:
8m) DIRECTION FOR VOTING AT JULY 20, 2001, CITIES SELCTION COMMITTEE AND
COUNCIL OF CITIES MEETING
Mayor Galligan requested direction from Council regarding the ABAG position that will be voted on
at the Council of Cities meeting. There was no direction given.
9. COUNCL COMMITTEE REPORTS
Vice Mayor Spinelli attended two Airport Roundtable subcommittee meetings. Councilman Coffey
was out of town and didn't attend any committee meetings. Councilwoman O'Mahony attended the
San Mateo County Investment Advisory Council, visited Interfaith Hospitality at St. Catherines,
former Supervisor John Ward's garden party, attended the Police, Fire and Recreation Night, various
4th of July block parties, Italian Catholic Federation's awarding of scholarships, and the Tongan
Festival. Mayor Galligan attended the Historical Society board meeting, various 4th of July events,
meeting regarding the TOT tax, Music in the Park at Washington Park, Burlingame High School Board
of Trustees meeting, former Supervisor John Ward's garden party, event hosted by Ted Lempert, and
gave a tour of City Hall, and attended an event at Roosevelt School.
10. OLD BUSINESS
Vice Mayor Spinelli noted that Burlingame is the beta test site for a product that will archive the
Council and Planning Commission meetings that will be accessible from the City website.
Burlingame City Council 7 July 16,2001
Unapproved Minutes
11. NEW BUSINESS
There was no new business.
12. ACKNOWLEDGEMENTS
a. Commission Minutes: Planning, July 9, 2001
b. Department Reports: Building, June, 2001
c. Required Review for Compliance with the Conditional Use Permit for the Interfaith Hospitality
Network at Three Churches in Burlingame
d. Letter from Ruth Jacobs, 2965 Arguello Drive, regarding potential fire hazard in Mills Canyon
area, and response from Fire Chief
e. Letter from Dan Lopez, 1116-A Chula Vista Avenue, regarding leaf blower nuisance
f. Letter from Acting Parks &Recreation Director responding to Eric Mendell's June 21, 2001,
lettering regarding proposal to install synthetic turf at Burlingame High School's football field
g. Letter from residents of Drake and Sanchez Avenues regarding neighborhood safety concerns
h. Letter of resignation from Civil Service Commissioner Keith Kutner
i. Letter from Bay Area Quality Management District regarding Air District proposals to regulate
wood smoke
13. ADJOURNMENT
Mayor Galligan adjourned the meeting at 9:10 p.m.
Ann T. Musso
City Clerk
July 16,2001 8 Burlingame City Council
Unapproved Minutes
BURLINGAME
...FGTm.lure off'
UNAPPROVED MINUTES
BURLINGAME, CALIFORNIA
July 23, 2001
1. REGULAR MEETING CALLED TO ORDER
Mayor Galligan called the regular meeting to order at 9:10 a.m. in Conference Room A.
2. ROLL CALL
Council Present: Coffey, Galligan, Janney, Spinelli
Council Present via Teleconference: O'Mahony(City of Cathedral City)
Council Absent: None
3. PUBLIC HEARINGS
a. RESOLUTION #85-2001 PLACING MEASURE ON NOVEMBER 6, 2001, GENERAL
ELECTION BALLOT TO SUSTAIN AND CONTINUE A TRANSIENT OCCUPANCY
TAX RATE OF 10 PERCENT
City Attorney Anderson recommended adopting a resolution to submit a ballot measure to the voters to
sustain and continue a transient occupancy tax rate of 10% on the rent charged hotel guests.
Mayor Galligan opened the public hearing. There were no comments from the floor and the hearing
was closed.
Councilman Coffey made a motion to approve RESOLUTION#85-2001 placing a measure on the
November 6, 2001, General Election Ballot to sustain and continue a transient occupancy tax rate of 10
percent, seconded by Councilwoman Janney, approved unanimously by roll call vote, 5-0.
b. RESOLUTION#86-2001 PLACING MEASURE ON NOVEMBER 6, 2001 GENERAL
ELECTION BALLOT TO SUSTAIN AND CONTINUE A GENERAL BUSINESS TAX
RATE OF$100 PER YEAR
City Attorney Anderson recommended adopting the resolution to submit a ballot measure to the voters
in the November 6, 2001, General Election to sustain and continue a general business tax rate of$100
per year per business.
Mayor Galligan opened the public hearing. There were no comments from the floor and the hearing
was closed.
Burlingame City Council 1 July 23,2001
Unapproved Minutes
Councilwoman Janney made a motion to approve RESOLUTION#86-2001 placing a measure on the
November 6, 2001, General Election Ballot to sustain and continue a transient occupancy tax rate of 10
percent, seconded by Councilwoman O'Mahony, approved unanimously by roll call vote, 5-0.
c. RESOLUTION#87-2001 PLACING MEASURE ON NOVEMBER 6, 2001, GENERAL
ELECTION BALLOT TO ESTABLISH A BUSINESS TAX ON COMMERCIAL
PARKING FACILITIES OF 5% OF GROSS REVENUES
Mayor Galligan noted he would not be participating in the discussion of the commercial parking tax
due to his ownership in a similar business in a different city.
City Attorney Anderson recommended the adoption of a resolution to establish a business tax on
commercial parking facilities of 5% of gross revenues.
Vice Mayor Spinelli opened the public hearing. There were no comments from the floor and the
hearing was closed.
Councilman Coffey made a motion to approve RESOLUTION#87-2001 placing a measure on the
November 6, 2001, General Election Ballot to establish a business tax on commercial parking facilities
of 5% of gross revenues; seconded by Councilwoman O'Mahony, approved by roll call vote, 4-0-1,
with Mayor Galligan abstaining.
4. PUBLIC COMMENTS
There were no public comments.
5. CONSENT CALENDAR
a. APPROVAL OF WARRANTS AND PAYROLL FOR JUNE 2001
Finance Director Becker recommended approval of Warrants 76801-77286, excluding library checks
77251-77286 in the amount of$2,303,374.68, Payroll Checks 138330-139165 in the amount of
$1,491,049.31, and EFT's in the amount of$373,422.62 for the month of June, 2001.
6. ADJOURNMENT
Mayor Galligan adjourned the meeting at 9:42 a.m.
Respectfully submitted,
Ann T. Musso
City Clerk
July 23,2001 2 Burlingame City Council
Unapproved Minutes
AGENDA
‘171%
ITEM# 7a
"G0"E STAFF REPORT
y� MTG.
��, DATE 8/20/2001
TO: Honorable Mayor and Council SUBMITTE
BY
DATE: July 25, 2001 APPROVED
BY
FROM: Larry E. Anderson, City Attorney
SUBJECT:
INTRODUCE ORDINANCE TO ROLL BACK CERTAIN BUSINESS LICENSE TAX RATES
TO 1992 RATES
RECOMMENDATION:
a. Request City Clerk to read the title of the proposed ordinance
b. Waiver further reading of the proposed ordinance.
c. Introduce the proposed ordinance and direct the City Clerk to publish a summary of the proposed
ordinance at least 5 days before proposed adoption.
DISCUSSION:
The June 2001 La Habra decision of the California Supreme Court has placed a number of local taxes at risk
because of the Court's elimination of protection for ordinances from the passage of time. Three taxes are being
submitted to the voters in the November 2001 election.
However, a number of business-specific taxes were found to be too complex and detailed to warrant submission
to the voters. Instead, staff recommended that the Council roll these taxes back to the 1992 tax rates in place
when they were last increased.
They consist of;
1) Theaters, being reduced by $50 per year and eliminating any distinction between outdoor and indoor
theaters.
2) Amusement devices being reduced by $15 per machine to included both amusement machines and music
machines
3) Motor vehicle sales being reduced by $50 per year.
Mayor and Council
Re: Business License Tax Rate Reduction Ordiannce
July 25, 2001
Page 2
4) Peddlers and solicitors being reduced by $30 per year and clarifying delivery business taxes.
5) Closing out sales being reduced by $50, $25, and $65 depending on category of business.
6) Curb painters being reduced by $15 per employee; and
7) Rental car agencies being reduced by $100 per year.
The total fiscal effect on the City from these reductions will be in the range of$3,000 per year.
Attachment
Proposed Ordinance
Distribution
Finance Director
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF BURLINGAME REVISING
THE BUSINESS LICENSE CODE TO RESTORE TAX RATES EXISTING IN 1992
3 PURSUANT TO CALIFORNIA SUPREME COURT'S TAX DECISIONS
4
5 The City Council of the City of Burlingame ordains as follows:
6
7 Section 1. Pursuant to California case law,the City Council adopted Ordinance No. 1459
8 in 1992 to increase outdated business license tax rate. Since that time, the California Supreme
9 Court has decided in 1996 that a previously unconstitutional statute was constitutional, and in
10 2001,that citizens were entitled to bring an action to challenge a tax no matter how many years had
11 passed since the adoption of the tax. These decisions place at risk the tax rates adopted in
12 Ordinance No. 1459. Rather than rely on the judicial system's further consideration of the issues
13 involved,the City has decided to proceed with submitting certain 1992 tax rates to the voters and
14 to roll other rates back to the 1992 levels. This ordinance is intended to be the rollback of the rates
15 that are not being submitted to the voters.
16
17 Section 2. Section 6.08.060 is amended to read as follows:
18 6.08.060 Theaters.
19 Every person conducting or operating an indoor or outdoor theater for showing moving
20 pictures,or for the presentation of plays,musicals,operas,operettas,revues or similar presentations
21 of entertainment and amusement,having a seating capacity of not more than one thousand persons,
22 shall pay an annual license tax of two one hundred fifty dollars($150), and every person
23 conducting or operating such a theater having a seating capacity in excess of one thousand persons
24 shall pay an annual license tax of thrcc two hundred dollars ($200).
25
26 Section 3. Section 6.08.070 is repealed.
27 //
28
1
1 If the applicant has been operating the business to be closed out under a valid city of
2 Bum business license for:
3 (1)A period of six months or less prior to the date the application is filed: $150.00$100
4 (2) More than six months: $75.00$50
5 (3)More than two years: $10
6
7 Section 8. Section 6.08.170 is amended to read as follows:
8 6.08.170 Curb, street and sidewalk sign painters.
9 For traveling from house to house or place to place for the purpose of painting house or
10 address numbers upon private real property or an adjacent street curb; or for placing or
11 maintaining any number, figure, letter, carving, drawing, design or other marking to identify the
12 premises of any such property upon any street, sidewalk or curb, the license tax shall be ten
13 twelve dollars ($10)per person in addition to any solicitor's licenses which may be
14 required.
15
16 Section 9. Section 6.08.180 is amended to read as follows:
17 6.08.180 Rental car agencies.
18 Every person conducting or operating the business of renting autos, trucks, or other
19 vehicles for periods of thirty days or less, not in conjunction with an auto or truck sales agency
20 or automobile service business situated in the city, shall pay an annual license tax of three four
21 hundred dollars ($300).
22
23 Section 10. This ordinance shall be published as required by law.
24
25
Mayor
26
27 I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that
28 the foregoing ordinance was introduced at a regular meeting of the City Council held on the
3
1 day of , 2001, and adopted thereafter at a regular meeting of the City Council
2 held on the_day of , 2001, by the following vote:
3 AYES: COUNCILMEMBERS:
4 NOES: COUNCILMEMBERS:
5 ABSENT: COUNCILMEMBERS:
6
City Clerk
7 D:\WP51\FILES\ORDINANC\busliccorr.fin.wpd
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4
AGENDA 7 b
ITEM #
BURLINGAME
:
1, STAFF REPORT MTG.
o DATE 8/20 2 01
TO: Honorable Mayor and Council SUBMITTE
BY
DATE: July 25, 2001 APPROVED, 1ae
BY
FROM: Larry E. Anderson, City Attorney
SUBJECT:
INTRODUCE ORDINANCE TO AMEND SECTION 6.04.200 TO CLARIFY BUSINESS
LICENSE TAX COLLECTOR'S AUTHORITY TO CLASSIFY BUSINESSES
RECOMMENDATION:
a. Request City Clerk to read the title of the proposed ordinance
b. Waiver further reading of the proposed ordinance.
c. Introduce the proposed ordinance and direct the City Clerk to publish a summary of the proposed
ordinance at least 5 days before proposed adoption.
DISCUSSION:
Because of the complexity of today's businesses and ordinances that fix tax rates based on the nature or
predominant nature of a business, it is appropriate to clarify that the business license tax collector has the
authority to determine within which classification a business fits. Some cities automatically apply the highest
possible tax rate. The proposed ordinance presented here would authorize the tax collector to use the collector's
judgment based on the information present.
The classification would be subject to appeal to the City Council as with other business tax determinations.
Attachment
Proposed Ordinance
Distribution
Finance Director
1 ORDINANCE NO.
ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 6.04.200
TO CLARIFY THE BUSINESS LICENSE COLLECTOR'S AUTHORITY TO
3 CLASSIFY BUSINESSES
4
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
6
7 Section 1. Section 6.04.200 is amended to read as follows:
8 6.04.200 Determination of license tax in certain cases.
9 (a) If any person fails to apply for a business license,or,after demand therefor has been
10 made by the license collector, he fails to file a corrected application within fifteen days after
11 notification to so do, the license collector shall determine the amount of license tax due from
12 such person by means of such information as the collector-he may be able to obtain.
13 (b)The license collector will determine which classification of business under this title
14 applies to each business in light of the information available to the collector. When more than
15 one classification might apply to a business,the license collector will apply that classification
16 that best represents the overall conduct of the business. Classification by the business itself is
17 not binding on the collector.
18
19 Section 2. This ordinance shall be published as required by law.
20
21
Mayor
22
23 I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify
24 that the foregoing ordinance was introduced at a regular meeting of the City Council held on
25 the day of , 2001, and adopted thereafter at a regular meeting of the
26 City Council held on the day of , 2001, by the following vote:
27
1 AYES: COUNCILMEMBERS:
2 NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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5 City Clerk
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7//�,�. CITY
114,
BU\`NGAME STAFF REPORT AGENDA
ITEM 7C
. MTG. 8/20/01
DATE
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED
DATE: August 13, 2001 BY i ,, -�'.
APPROVED
FROM: PUBLIC WORKS BY i/�4 /1/44
SUBJECT: ,
INTRODUCE AN ORDINANCE ESTABLISHING A THIRTY-FI MILE PER HOUR SPEED LIMIT
ON TROUSDALE DRIVE FROM SEBASTIAN DRIVE TO SKYLINE BOULEVARD
RECOMMENDATION: It is recommended that the City Council begin adoption of the attached ordinance for
establishing a 35 mile per hour speed limit on Trousdale Drive from Sebastian Drive to Skyline Boulevard by:
1. Requesting the City Clerk to read the title of the attached ordinance.
2. Waiving further reading of the proposed ordinance.
3. Introducing the proposed ordinance.
4. Directing the Clerk to publish a summary of the proposed ordinance at least five days before its proposed
adoption.
BACKGROUND: At their regular meetings of April 12,2001,May 10,2001,June 14,2001,and July 12,2001,
the Traffic,Safety and Parking Commission(TSPC)considered the attached petition from local residents.A major
issue raised as a result of the petition was the need to reduce speeds on Trousdale Drive for access from side streets
without intersection control and from driveways. Based on this concern, staff developed traffic counts, accident
and speed information for various areas.
DISCUSSION:
Existing Conditions
Trousdale Drive is a four-lane roadway with parking on each side except from Hunt Drive to Skyline Boulevard.
The traffic speed and accident data from Quesada Way to Skyline Boulevard was gathered. The speed at which
85% of the vehicles traveled (85th Percentile) was near or above 40 mph both eastbound and westbound. The
average(50%)speeds were from 35 mph to 39 mph.The existing speed limit on Trousdale Drive is 35 mph from
El Camino Real to Sebastian Drive. The remaining section from Sebastian Drive to Skyline Boulevard is posted
at 35 mph but not covered in the current ordinance.
The five-year accident data showed very few mid-block accidents.
Public Hearing
At the public hearing,residents expressed their concerns that Trousdale Drive is a residential street which should
have a 25 mph speed limit. Staff explored this possibility but found limitations in enforcing a 25 mph speed limit
as follows:
• Radar Enforcement. Police and Engineering staff met with a Traffic Court Referee who referenced court
decisions regarding the"Speed Trap"sections of the California Vehicle Code(see the attached July 4 and July
6,2001 memos). Staff confirmed that court decisions support only radar-enforced speed limits that are based on
an engineering study using the 85th percentile speed.There is an allowance to reduce the speed by 5 mph if local
safety requires it. On Trousdale Drive,the 85th percentile speed is about 40 mph and can be posted 5 mph lower,
at 35 mph in order to be radar-enforced.
Page 2
• Chase and Pace. The State Legislature,through the vehicle code, has determined that residential areas have a
prima facie speed limit of 25 mph.However,this can only be enforced by chase and pace,not radar. The Police
Chief has indicated that there is insufficient distance between stop signs to use this method effectively.
Commission Action
Staff presented the enforcement information to the Commission and recommended that the entire length of
Trousdale Drive have a 35 mph speed limit. Staff also recommended that strict radar enforcement be instituted
with the hope that the 85th percentile speed could be reduced to 35 mph enabling the City to set a court-supported
speed limit of 30 mph. The Commission concurred with the staff recommendations.
Currently the Municipal Code includes a 35 mph speed limit on Trousdale Drive east of Sebastian Drive. The
attached ordinance extends the 35 mph speed limit on Trousdale Drive from Sebastian Drive to Skyline Boulevard.
EXHIBITS: Ordinance;TSPC Minutes dated April 12,2001,May 10,2001,June 14,2001,and July 12,2001;
Petition; Staff Memos of July 4 and July 6, 2001; Speed and Accident Sketches
BUDGET IMPACT: There are negligible costs for the necessary signage. However,the Police Department will
need to redirect existing staff resources to provide more speed enforcement on Trousdale Drive.
F-:nk C. Erbacher
ssistant Dir. Of Public Works
el. 650-558-7230
c: City Clerk, Police Chief
TSP Commission
S:\A Public Works Directory\Staff Reports\Trousdale 35mph Speed.wpd
1 ORDINANCE No.
2 ORDINANCE OF THE CITY OF BURLINGAME
ADOPTING AN ORDINANCE AMENDING SECTION 13.24.010 TO PROVIDE A
3 THIRTY-FIVE MILE PER HOUR SPEED LIMIT ON TROUSDALE DRIVE
BETWEEN SEBASTIAN DRIVE AND SKYLINE BOULEVARD
4
5
6 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
7 Section 1. The City has received a petition for residents of the Trousdale Drive
8 neighborhood seeking relief from traffic problems in the area. One of the principal concerns is the
9 speed of vehicles traveling on Trousdale Drive. Currently, Trousdale Drive between Sebastian
10 Drive and Skyline Boulevard is legislated at a 25 mile per hour speed, which means that under
11 State law,radar enforcement cannot be used. The street does not lend itself to pacing enforcement.
12 Therefore, speed enforcement is extremely difficult. Radar surveys show that an enforceable 35
13 mile per hour speed limit should make the street safer and provide the police with the tools
14 necessary to hold this limit.
15
16 Section 2. Subsection 13.24.010 is amended to read as follows:
17 13.24.010 Thirty-five miles per hour.
18 (a) No person shall drive a vehicle upon any of the following designated streets at a speed
19 greater than thirty-five miles per hour; its being determined that the speed limitation hereby
20 established is most appropriate to facilitate the orderly movement of traffic and is reasonable and
21 safe:
22 (1) Bayshore Highway;
23 (2) California Drive between Burlingame Avenue and Murchison Drive;
24 (3) Carolan Avenue between Broadway and Oak Grove Avenue;
25 (4) Peninsula Avenue between California Drive and Humboldt Road
26 (5) Rollins Road;
27 (6) Skyline Boulevard from six hundred feet north of Rivera Drive south to the city limits;
28 and
1
1 (7) Trousdale Drive between El Camino Real and Skyline Boulevard.
2 (b) The director of public works is authorized and directed to procure appropriate signs
3 giving notice of the provisions of this section and to erect several such signs on the above
4 designated streets,and the provisions of this section shall be effective when such signs are erected.
5
6 Section 3. This ordinance shall be published as required by law.
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8
Mayor
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10 I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the
11 foregoing ordinance was introduced at a regular meeting of the City Council held on the
12 day of , 2001, and adopted thereafter at a regular meeting of the City Council held
13 on the,day of , 2001, by the following vote:
14
15 AYES: COUNCILMEMBERS:
16 NOES: COUNCILMEMBERS:
17 ABSENT: COUNCILMEMBERS:
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19
City Clerk
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TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes -Approved
Thursday, April 12, 2001
Phase Four:
• Monitor impacts of parking improvements
• Determine what, if any, additional measures are necessary
Comm.Auran asked why fees are not addressed in Phase One.Mr.Murtuza advised that there
is a need to educate the public before raising fees.The Commissioners expressed their desire
to increase parking rates in Phase One. Mr. Hurrell stated it could take a minimum of three
months to educate the public properly using flyers, chamber meetings, press releases, the
City's website, etc. Mr. Erbacher advised that it takes time also to change the meters to
accommodate the new rates. It was moved and seconded to recommend to Council adopting
the parking plan as presented with the exception of implementing the fee increase in Phase
One. Unanimously approved by the Commission.
4.2 DISCUSSION ITEMS
4.2.1 Request for speed limit and truck weight limit enforcement, a traffic signal on Trousdale
Drive at Skyline Boulevard, and a STOP sign on Trousdale Drive at Loyola Drive
Mr. Ho advised he has collected various data and counts for the entire stretch of Trousdale
Drive at five different locations. The data is extensive and covers peak hours. More
information will be available next month.
4.2.2 Millbrae BART Station- Potential Impacts on City streets
Mr.Ho advised that he has contacts BART requesting copies of parking surveys. BART has
promised to provide the information; however,nothing has been received as yet.
5. ACKNOWLEDGMENT OF NEW ITEMS -None.
6. FROM THE FLOOR
7. INFORMATION ITEMS
7.1 From Staff to Commission
Mr. Erbacher announced that Philip Ho, Traffic Engineer, is resigning this month. The
Commissioners expressed their appreciation of his work for the commission.
7.1.1 Bayswater residents supporting traffic calming on Dwight Road and requesting similar traffic
calming measures on Bayswater Avenue and Howard Avenue
Mr. Erbacher advised that he met with Dwight Road residents to review new plans which
were modified and more detailed.Staff will be doing traffic counts,and eventually a proposal
will be presented to Council. Residents are interested in participating in costs.
SAA Public Works Directory\TSP Commission\Minutes\Minutes for 04-12-01 Meeting.wpd Page 3
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Approved
Thursday, May 10, 2001
1. CALL TO ORDER. 7:00 p.m. by Chair De Angelis.
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. ROLL CALL. 5 of 5 Commissioners present.
4. CURRENT BUSINESS.
4.1 ACTION ITEMS.
4.1.1 Minutes for April 12, 2001, were submitted and approved.
4.2 DISCUSSION ITEMS
4.2.1 Request for speed limit and truck weight limit enforcement, a traffic signal on Trousdale
Drive at Skyline Boulevard, and a STOP sign on Trousdale Drive at Loyola Drive. Results
of Traffic Data Gathering
Mr. Erbacher provided a map of the area and reviewed results of various traffic studies
performed for background data. Staff recommends 25 mph between Castenada Drive and
Hunt Drive since it is a residential area;however,the City Code provides for a 35 mph zone.
Sgt. Ransom advised that the courts would not uphold traffic citations based on radar if
Trousdale were posted for 25 mph since the study showed the 85%speed was 35-44 mph and
it is a four lane street. Mr. Erbacher explained warrant criteria for stop signs and traffic
signals;and per the study,staff recommends one additional stop sign at Quesada making this
intersection a 3-way stop.Staff recommends truck weight limit enforcement and posting more
"8 ton" weight limit signs larger than the existing ones. Comm. Auran suggested posting
larger speed limit signs and more school signs. Mr. Erbacher advised that there is a new
generation of school signs available now.
From the floor, residents requested Botts dots or dips in the road to slow traffic, however
emergency vehicles cannot keep pace with emergency response time if there are bumps or
dips in the road which would damage their trucks at normal speed. Raised marker rumble
strips were suggested but are noisy to neighbors and are for isolated area use.Flashing lights
were suggested but the cost is prohibitive, especially since there are no warrants for lighted
signals. It was moved and seconded (Comms. Evans/Mayer) to approve staff
recommendations for more and larger signage, to move this to an Action Item at the next
meeting, and to request the Traffic Sergeant to determine the feasibility of changing
Trousdale Drive to a 25-mph zone. Unanimously approved by the Commission.
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TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes -Approved
Thursday, June 14, 2001
1. CALL TO ORDER. 7:00 p.m. by Chair De Angelis.
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
1. INTRODUCTION OF NEW COMMISSIONER AND ROLL CALL. Mr. Russ Cohen was welcomed
as the new Commissioner. 5 of 5 Commissioners were present.
4. CURRENT BUSINESS.
4.1 ACTION ITEMS.
4.1.1 Minutes for May 10, 2001, were submitted and approved.
4.1.2 Proclamation
It was moved and seconded(Comms.Mayer/McIver)to accept a proclamation honoring Tim
Auran for his service on the Commission from 1998 to 2001.Unanimously approved by the
Commission.
4.1.3 Request for speed limit and truck weight limit enforcement, a traffic signal on Trousdale
Drive at Skyline Boulevard,a STOP sign on Trousdale Drive at Loyola Drive and a STOP
sign on Trousdale Drive at Quesada Way. Results of Traffic Data Gathering
Mr. Erbacher provided a summary of eight letters received from local residents since last
month's meeting.Seven supported installation of a Stop sign on Trousdale Drive at Quesada
Way. Four supported reduced speed on Trousdale Drive. Mr.Erbacher advised that a study
was performed based on all suggestions received from petitioners. Also provided was the
accident history for the last five years. The truck limit sign at Skyline is hard to read from
automobiles, but not for trucks. However, it could be better located. Mr. Erbacher advised
that the sign will be relocated and an additional sign will be installed. The school signs are
adequate, but Mr. Erbacher advised that an additional sign will be installed near Franklin
School. Also, at the corner of Trousdale Drive and Loyola Drive,trees will be trimmed to
provide better driving sight vision for exiting Loyola Drive.
From the floor, 15 residents spoke up with several requests, including the need for reduced
speed on Trousdale Drive, Stop signs at Quesada and at Loyola, and more police
enforcement.Sgt.Ransom advised that police enforcement is evident with over 100 citations
having been issued on Trousdale Drive recently.
Mr. Erbacher advised that the 85 percentile speed on Trousdale Drive is 39 mph and higher
which seems too high since residents have problems trying to back out of their driveways.
He advised that since this is a residential access, the City must provide safe transportation
and safe access so the recommended speed is below 35 mph;however,this recommendation
is not based on the 85 percentile but on access to the street from side streets and driveways.
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TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Approved
Thursday, June 14, 2001
Sgt. Ransom advised that he met with a court referee to suggest a lower speed but they
wouldn't go for it. They want to see the official traffic survey when they meet next week.
Because of the 85 percentile,the courts will not recognize citations issued on Trousdale for
speeding if the zone is set below 35 mph. Chair DeAngelis stated that a certified engineer's
subjective report could affect the courts decision to lower the speed zone to 30 mph. It was
moved and seconded(Comms. Evans/Mayer)to instruct the Traffic Engineer to pursue the
effort to get the speed to 30 mph on Trousdale Drive from Skyline Drive to Quesada Way
and that it be high priority to coordinate with law enforcement and the courts to justify a
lower speed and to report on his progress back to the Commission. Unanimously approved
by the Commission.
It was moved and seconded (Comms. Evans/Mayer) to recommend to Council the
installation of a Stop sign on Trousdale Drive at Quesada Way. Unanimously approved by
the Commission. Mr. Erbacher advised that Council will be advised of this Commission's
recommendation for a Stop sign; however, he did not now recommend it since a stop sign
is warranted only during peak hours. The accident history over five years is low, and
drivers either use Sequoia per letters or are successfully handling this intersection.He stated
that he did not have a strong objection. Since this is a confusing two-way stop,there will be
some relief to eastbound morning backups; and there are easier pedestrian crossings to
school and field facilities.There will be a public hearing in July or August, and petitioners
will receive advance notification of the hearing.
4.2 DISCUSSION ITEMS
5. ACKNOWLEDGMENT OF NEW ITEMS
5.1 Rector Motor Car Company - Request for One Way Westbound(letter)
Mr. Erbacher spoke to the petitioner about his request being on the August Agenda.Mr. Erbacher
will speak to him again to see if the petitioner will want to pursue this request.
5.2 Howard Avenue - Speed and Trucks (e-mail)
Mr. Erbacher advised that the police have been checking the speeds, and he will follow up on the
results.
5.3 3138 Rivera- Speed and Signage (e-mail)
Mr. Erbacher advised that the police have been checking the speeds, and he will follow up on the
results.
5.4 1300 Block of Vancouver Avenue - Speed Concerns (petition)
Mr. Erbacher will contact the petitioner. Their issues will be forthcoming to the Commission.
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TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes -Approved
Thursday, July 12, 2001
1. CALL TO ORDER. 7:00 p.m. by Chair De Angelis.
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. ROLL CALL. 4 of 5 Commissioners were present. Police Chief Missel announced the retirement of
Traffic Sergeant Ransom and thanked him for his years of service. Traffic Sergeant Dawn Cutler is
the new police liaison to this commission.
4. CURRENT BUSINESS.
4.1 ACTION ITEMS.
4.1.1 Minutes for June 14, 2001, were submitted and approved.
4.1.2 Request for speed limit and truck weight limit enforcement, a traffic signal on Trousdale
Drive at Skyline Boulevard, a STOP sign on Trousdale Drive at Loyola Drive and a STOP
sign on Trousdale Drive at Quesada Way. Results of Traffic Data Gathering- Speed Limits
Mr. Erbacher explained that the Engineering speed survey for Trousdale Drive shows that
85% of the traffic drives at 40 mph. From the speed survey,the speed limit is set at a"safe
speed"which is the 85%speed less 5 mph,making 35 mph the speed limit traffic courts will
accept for radar enforcement. Mr. Erbacher contacted traffic court as requested in last
month's meeting, but the court only referred staff to various appeal cases of speed
enforcement.
Police Chief Missel explained that if the speed limit were lowered to 25 mph, radar
enforcement would not be accepted by the courts;and the only way to then enforce the speed
limit would be by a chase and pace method. However, due to the short distances between
intersections on Trousdale Drive, the police would not have the opportunity to use this
method effectively. Chief Missel advised that the Police Department has committed to
increase enforcement in an attempt to effect an 85%speed of 35 mph.They will stop anyone
driving over 35 mph. They expect a lowering of driving speeds in the next six months to a
year and will notify Engineering when to redo the speed survey for Trousdale Drive. Chief
Missel asked the petitioners what time of day speed is a problem for them. The reply was
Monday through Friday between 6 and 9 a.m. and between 3 and 6 p.m. Chief Missel
advised he will provide the commission with a monthly report on the number of cars stopped
for exceeding the 35 mph limit.
To apply the 35 mph speed limit uniformly for all of Trousdale Drive, it was moved and
seconded (Comms. De Angelis/Evans) to recommend to Council to adopt an ordinance
extending the 35 mph speed limit on Trousdale Drive from Sebastian Drive to Skyline Drive
based on staff speed surveys. Unanimously approved by the Commission.
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