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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 N ITY C . , ,. ;0; BURLII / O A M / ANGAE O A L M �' 1 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 3 4 5 City Clerk 6 D:\W P51\FILES\ORDINANC\buscollect.fin.wpd 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 73 74 25 26 27 - 2 - 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. 7 8 Mayor 9 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: 18 19 City Clerk 20 D:\WP51\FILES\ORDINANC\speedtrous.pwd.wpd 21 22 23 24 25 26 27 28 2 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. S:\A Public Works Directory\TSP Commission\Minutes\Minutes for 05-10-01 Meeting.wpd Page 2 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. S:\A Public Works Directory\TSP Commission Minutes\Minutes for 06-14-01 Meeting.wpd Page 3 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. S:\A Public Works Directory\TSP Commission\Minutes\Minutes for 06-14-01 Meeting.wpd Page 4 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. Page 2