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Home My WebLink AboutAgenda Packet - CC - 2001.09.04 • euRIINGAME "5.....,...tea. BURLINGAME, CALIFORNIA September 4, 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 7:02 p.m. by Mayor Joe Galligan. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Veterans of Foreign Wars District Commander Mike Smith. 3. ROLL CALL Council Present: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI Council Absent: None 4. MINUTES Councilwoman O'Mahony indicated a spelling correction to the August 20, 2001, minutes: page 3, last paragraph, first sentence should read 'CP Monroe noted one of the main tenets of.. '. Councilwoman O'Mahony made a motion to approve the minutes of the August 20, 2001, Regular Council Meeting; seconded by Vice Mayor Spinelli, approved unanimously by voice vote, 5-0. 5. CEREMONIAL MATTERS VFW ceremony honoring Assistant Fire Chief Ray Marshall and Police Sergeant Robert Ransom and presentation of American flag and POW/MIA flag to the City of Burlingame. 6. PUBLIC HEARINGS a. Adopt ORDINANCE 1661 Amending Construction & Demolition Recycling Program ACM Becker reviewed August 27, 2001, staff report recommending council adopt ORDINANCE 1661 amending construction and demolition recycling program. Mayor Galligan opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Janney made a motion to adopt the proposed ordinance. Seconded by Vice Mayor Spinelli and approved unanimously by voice vote, 5-0. The clerk was directed to publish a summary ordinance. Burlingame City Council 1 September 4, 2001 b. Adopt ORDINANCE 1662 Establishing a 35 mph Speed Limit on Trousdale Drive from Sebastian Drive to Skyline Boulevard DPW Bagdon reviewed his August 21, 2001, staff report recommending Council adopt the proprosed ordinance establishing a 35-mph speed limit on Trousdale Drive from Sebastian Drive to Skyline Blvd. Mayor Galligan opened the public hearing. There were no comments from the floor and the hearing was closed. Councilwoman O'Mahony made the motion to adopt ORDINANCE 1662 establishing a 35-mph speed limit on Trousdale Drive from Sebastian Drive to Skyline Boulevard. Seconded by Councilwoman Janney and approved unanimously by voice vote, 5-0. The city clerk was directed to publish a summary ordinance. c. Adopt ORDINANCE 1663 to Roll Back Certain Business License Tax Rates to 1992 Rates CA Anderson review his August 23, 2001, staff report recommending Council adopt the proposed ordinance setting business tax rates for certain businesses at the levels in 1992 and direct city clerk to publish a summary of the ordinance within 15 days of adoption. Mayor Galligan opened the public hearing. There were no comments from the floor and the hearing was closed. Councilwoman Janney made a motion to adopt the ORDINANCE 1663 revising the business license code to restore tax rates existing in 1992 pursuant to California Supreme Court's tax decisions; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. d. Adopt ORDINANCE 1664 to Amend Section 6.04.200 to Clarify Business Tax Collector's Authority to Classify Businesses CA Anderson reviewed his August 23, 2001, staff report recommending Council adopt the proposed ordinance amending Burlingame Municipal Code Section 6.04.200 to clarify the business license collector's authority to classify businesses. Mayor Galligan opened the public hearing. There were no comments from the floor and the hearing was closed. Councilman Spinelli made the motion to adopt ORDINANCE 1664 amending Section 6.04.200 to clarify the business license collector's authority to classify businesses. Seconded by Councilwoman Janney and approved unanimously by voice vote, 5-0. The clerk was directed to publish a summary ordinance. e. Review of Permit Extension for Office Project at 301 Airport Boulevard, Zone C-4 CP Monroe reviewed her August 25, 2001, staff report with a change to the suggested conditions of approval recommending Council hold a public hearing and suggesting Council consider continuing this action so the applicant can discuss the changes with staff. Burlingame City Council 2 September 4, 2001 Vice Mayor Spinelli made the motion to continue this item to the regular Council meeting of September 17, 2001. Seconded by Councilwoman O'Mahony and unanimously approved by voice vote, 5-0. 7. PUBLIC COMMENTS Constance Cohen, 605 Lexington Way, and Charlie Drexler, 225 Bancroft Road, voiced opposition to project at 301 Airport Boulevard. Michael Gallegos, 1515 Arc Way#311, requested Council support of 2002/2003 California State Chamber Convention of the Bay Area Hispanic Chamber of Commerce. Dan Levin, Glenborough Partners, responded to public comments about the project at 301 Airport Boulevard. Russ Cohen, 605 Lexington Way, voiced opinion about the project at 301 Airport Boulevard; requested an American flag be provided in City Hall Conference Room A for commission meetings; encouraged civic engagement at upcoming housing element workshop. 8. STAFF REPORTS AND COMMUNICATIONS a. Introduction of Ordinance for Installation of a Stop Sign on Eastbound Devereux Drive at Balboa Way DPW Bagdon reviewed August 22, 2001, staff report recommending introduction of ordinance for the installation of a stop sign at the intersection of eastbound Deveroux Drive and Balboa Way. DCC Weber read the ordinance title; Councilwoman O'Mahony moved further reading of proposed ordinance. Seconded by Vice Mayor Spinelli and unanimously approved by voice vote, 5-0. Councilwoman Janney made the motion to introduce proposed ordinance for installation of a stop sign on eastbound Devereux Drive at Balboa Way. Seconded by Vice Mayor Spinelli, and approved unanimously by voice vote, 5-0. City clerk was instructed to publish a summary of the proposed ordinance at least five days prior to proposed adoption. a. Direction on Beautification of Bayshore Boulevard City Manager Nantell requested staff direction relative to beautifying the Bayshore Boulevard area of the community. Vice Mayor Spinelli noted a local AIA group did a charett with interesting designs; could be a good starting point. Need more design plan for bayfront; area needs more than additional trees and a more comprehensive plan. c. Grand Jury Report Regarding Pet Overpopulation Ordinance Burlingame City Council 3 September 4, 2001 CM Nantell recommended City Council provide staff direction relative to the Garnd Jury's Report and recommendation that we adopt a Pet Over Population Ordinance. Mayor Galligan stated he felt the timing of this Ordinance was not appropriate due to the Humane Society not having any leadership. Would like to see what the City will get for its contribution before a recommendation is made to the Grand Jury. 9. CONSENT CALENDAR a. RESOLUTION 95-2001 Awarding Contract for Burlingame Landfill Slopes and Bike Path Improvements to Misan Construction in the Amount of$590,645 DPW Bagdon recommended approval of resolution authorizing an agreement with Misan Construction in the amount of$590,645. b. RESOLUTION 97-2001 Extending 2000/01 Sidewalk Maintenance Contract Agreement for the 2001/02 Fiscal Year with B-1 Enterprise Corporation in the amount of$600,000 DPW Bagdon recommended approval of resolution extending agreement with B-1 Enterprise Corporation of Corona, California, through the current fiscal year in the amount of$600,000. c. Authorization to Serve Alcoholic Beverages at Foundation Donor Event Librarian Escoffier recommended approval of serving no-host wine and cocktails at a donor recognition event on Sunday, October 14, 2001, in the Burlingame Public Library. d. RESOLUTION 98-2001 Approving Transfer of Funds for fiscal Year 2001/02 Acting DPR Schwartz recommended approval of the transfer of$41,000 from account 320-80190 (Washington Park baseball field) to 320-40140 (Trenton Park Playground Rehabilitation). e. Request to move City Council meeting from October 15 to October 16 and Reschedule Legislation Meeting with Senator Speier for October 23 CC Musso recommended approval of rescheduling October 15, 2001, council meeting to October 16, 2001, and rescheduled legislative briefing with Senator Jackie Speier to October 23, 2001. f. Reject Claim of Rhoda Chew for Personal Injuries CA Anderson recommended rejection of claim submitted by Rhoda Chew for personal injuries suffered on May 19, 2001. g. Request the use of Council Chambers for"Candidate's Night" October 4 or October 10 CC Musso recommended approval of request for use of council chambers for Burlingame Homeowners' Association and Burlingame Chamber of Commerce to host"Candidate's Night" for five nominees for Burlingame city council. Burlingame City Council 4 September 4, 2001 h. RESOLUTION 99-2001 Approving Trenton Play Area Renovation— City Project#80140 Parks Superintendent Richmond recommended adoption of RESOLUTION 99-2001 accepting Lone Star Landscaping, Inc. as the low responsible bidder on this project. Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Councilwoman O'Mahony attended the Burlingame High School Board of Trustees meeting and the privacy meeting conducted by Senator Speier. Councilman Coffey attended the Burlingame High School Board of Trustees meeting. Vice Mayor Spinelli attended the privacy meeting conducted by Senator Speier. Councilwoman Janney attended a CMAC meeting regarding density and traffic issues and the Burlingame High School Board of Trustees meeting. Mayor Galligan attended the anniversary luncheon for City Employees, Burlingame High School Board of Trustees meeting,presented a proclamation to Burlingame resident John Kelly for his work at Samaritan House, a ribbon cutting at "Lucy" on Burlingame Avenue, and the privacy meeting conducted by Senator Speier. 11. OLD BUSINESS There was no old business. 12. NEW BUSINESS Hearing for appeal of Planning Commission decision on 1705 Easton Drive was set for the regular council meeting of October 1, 2001. 13. ACKNOWLEDGMENTS a. Commission Minutes: Planning, August 27, 2001; Library Board of Trustees, July 24, 2001 b. Department Reports: Finance, July 2001 14. ADJOURNMENT Mayor Galligan adjourned the meeting at 8:55 p.m. in memory of Anthony Poueyo, Rudy Rule, a former Burlingame police officer, and John Calwell, a former Burlingame building inspector. Ann T. Musso City Clerk vmw Burlingame City Council 5 September 4, 2001 e_‘ BURLINGAME CITY COUNCIL AGENDA City of Burlingame BURLINGME � ACITY HALL-501 PRIMROSE ROAD , '� REGULAR MEETING - TUESDAY, SEPTEMBER 4, 2001 BURLINGAME,CALIFORNIA 94010 ". oa„"e/ (650)558-7200 PAGE 1 OF 2 SUGGE-STED.ICTI0:V 1. CALL TO ORDER 7:00 p.m., Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. MINUTES - Regular Meeting of August 20, 2001 Approval 5. CEREMONIAL MATTERS a. VFW Ceremony, Honoring Sgt. Robert Ransom, Asst. Fire Chief Presentation Ray Marshall 6. PUBLIC HEARINGS The mayor may limit speakers to three minutes each a. Adopt Ordinance Amending Construction &Demolition Adopt Recycling Program b. Adopt ORDNANCE Establishing a 35 mph speed limit on Adopt Trousdale Drive from Sebastian Drive to Skyline Boulevard c. Adopt ORDINANCE to Roll Back Certain Business License Adopt Tax Rates to 1992 Rates d. Adopt ORDINANCE to Amend Section 6.04.200 to Clarify Adopt Business Tax Collector's Authority to Classify Businesses e. Review of Permit Extension for Office Project at 301 Airport Public Hearing/Action Blvd., Zoned C-4 7. 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. 8. STAFF REPORTS AND COMMUNICATIONS a. Introduce an ORDINANCE for Installation of a Stop Sign on Introduction Eastbound Devereux Drive at Balboa Way b. Direction on Beautification of Bayshore Blvd. Discuss/Direct c. Grand Jury Report Regarding Pet Overpopulation Ordinance Discuss/Direct 9. 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. RESOLUTION Awarding Contract for Burlingame Landfill Slopes and Bike Path Improvements to Misan Construction in the amount of$590,645 /irjAhaLIN BURLINGAME CITY COUNCIL AGENDA City of Burlingame BURLINGAME CITY HALL-501 PRIMROSE ROAD M1 itw ,o REGULAR MEETING - TUESDAY, SEPTEMBER 4, 2001 BURLINGAME,CALIFORNIA 94010 (650)558-7200 PAGE 2 OF 2 b. RESOLUTION Extending 2000/01 Sidewalk Maintenance Contract Agreement for the 2001/02 Fiscal Year with B-1 Enterprise Corporation in the amount of$600,000 c. Authorization to Serve Alcoholic Beverages at Foundation Donor Event d. RESOLUTION Approving Transfer of Funds for Fiscal Year 2001/02 e. Request to move City Council Meeting from October 15 to October 16 and Reschedule Legislation Meeting with Senator Speier for October 23 f. Reject Claim of Rhoda Chew for Personal Injuries g. Request the use of Council Chambers for"Candidate's Night" October 4 or October 10 h. Trenton Play Area Renovation- City Project#80140 10. COUNCIL COMMITTEE REPORTS 11. OLD BUSINESS 12. NEW BUSINESS i. Set hearing for Appeal of Planning Commission decision on Set Hearing 1705 Easton Drive 13. ACKNOWLEDGMENTS a. Commission Minutes: Planning, August 27, 2001; Library Board of Trustees, July 24, 2001 b. Department Reports: Finance, July, 2001 14. ADJOURNMENT 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 17,2001 BURLINGAME UNAPPROVED MINUTES 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 ALLEGIEANCE 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 Unapproved Minutes • 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 August 20,2001 2 Burlingame City Council Unapproved Minutes the petition signed by local residents regarding this issue. A major issued 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. 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 tenants 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 Unapproved Minutes 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. August 20,2001 4 Burlingame City Council Unapproved Minutes g. SPECIAL ENCROACHMENT PERMIT FOR A WOODEN LATTICE FENCE, ONE 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 Burlingame City Council 5 August 20,2001 Unapproved Minutes 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. o. AUTHORIZATION OF RESOLUTION #94-2001 TO AMEND THE CONTRACT FOR MISCELLANEOUS EMPLOYEES WITH THE CALIORNIA 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 Ca1PERS. 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 August 20,2001 6 Burlingame City Council Unapproved Minutes 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 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 Unapproved Minutes 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 Unapproved Minutes BURLINGAME Atit UNAPPROVED MINUTES 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 ALLEGIEANCE 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 Unapproved Minutes STAFF REPORT BURUNGAME AGENDA ITEM# 6 a 1�3 uu��r,;mi MTG. �i DATE TO: HONORABLE MAYOR AND CITY COUNCIL sUBMy1T, lir BY DATE: August 27, 2001 APPR D FROM: Rahn Becker,Assistant City Manager/Admin. Services Dir. (650-558-7222) BY SUBJECT: Adoption of Ordinance Amending Construction & Demolition Recycling Program RECOMMENDATION: A. Adopt proposed ordinance. B. Direct city clerk to publish a summary of the ordinance within 15 days of adoption. BACKGROUND: 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 has some streamlining is in order. Approximately 135 tons of structural construction debris and 359 tons of concrete and asphalt have been documented as diverted from landfill as a result of the ordinance. Ongoing construction projects represent 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. • Providing a maximum limit for deposits to prevent excessively large deposits. Attached is a case study of the first building "recycled"under the new ordinance. ATTACHMENTS: Proposed Ordinance 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.17 CLARIFY AND CONSOLIDATE REQUIREMENTS 3 FOR RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS 4 5 The City Council of the City of Burlingame, California, does hereby ordain as follows: 6 7 Section 1. The City of Burlingame adopted Ordinance No. 1645 in December 2000 to 8 require the recycling and diversion of significant construction and demolition debris in order to 9 reduce the amount of solid waste going to landfills; to promote reuse and recycling of that 10 debris, and to continue to support State laws regarding solid waste issues. This ordinance is 11 intended to further refine that effort. 12 13 Section 2. Chapter 8.17 of the Municipal Code is amended to read as follows: 14 Chapter 8.17 15 RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DEMOLITION 16 17 8.17.010 Definitions 8.17.020 Deconstruction and Salvage and Recovery 18 8.17.030 Diversion Requirements 8.17.040 Information Required Before Issuance of Permit 19 8.17.050 Deposit Required 8.17.060 Administrative Fee 20 8.17.070 On Site Practices 8.17.080 Reporting 21 8.17.090 Adjustment of Values 8.17.100 Application to Additional Projects 22 23 8.17.010 Definitions. 24 For purposes of this chapter, the following definitions apply: 25 (a) "Alteration"means, for the purposes of the recycling and diversion requirements in 26 this chapter, any change, addition, or modification in construction or occupancy of a building or 27 structure. 28 (b) "Building" means any structure used or intended for supporting any use or 8/21/2001 1 1 occupancy that encompasses 200 square feet or more of area in any one plane. "Building" does 2 not include decks, fences, balconies, machinery, equipment, or appliances installed for 3 manufacture or process purposes only. 4 (c) "Chief building official"means the city chief building official or the chief building 5 official's designee. 6 (d) "Contractor" means any person or entity holding, or required to hold, a contractor's 7 license of any type under the laws of the State of California, or who performs (whether as 8 contractor, subcontractor, owner-builder, or otherwise) any construction, alteration, demolition, 9 or landscaping service relating to buildings or structures in the city. 10 (e) "Demolition"means, for the purposes of the recycling and diversion requirements in 11 this chapter, the intentional removal an existing building or structure. 12 (f) "Demolition and construction debris" means and includes: 13 (1) Discarded materials generally considered to be not water soluble and non-hazardous 14 in nature, including but not limited to steel, glass, brick, concrete, asphalt material,pipe, 15 gypsum, wallboard, and lumber from the construction or destruction of a structure or building 16 as part of a construction or demolition project or from the renovation of a structure and/or 17 landscaping, and including rocks, soils, tree remains,trees, and other vegetative matter that 18 normally results from land clearing, landscaping and development operations for a construction 19 or demolition project; 20 (2) Clean cardboard, paper, plastic, wood, and metal scraps from any construction 21 and/or landscape project; 22 (3) Non-construction and demolition debris wood scraps. 23 (4) De-minimis amounts of other non hazardous wastes that are generated at 24 construction or demolition projects, provided such amounts are consistent with best 25 management practices of the industry. 26 (5) Mixing of construction and demolition debris with other types of solid waste will 27 cause it to be classified as other than construction and demolition debris. 28 (g) "Designated recyclable and reusable materials" means and includes: 8/21/2001 2 1.1 (1) Masonry building materials including all products generally used in construction 2 including, but not limited to asphalt, concrete, rock, stone and brick; 3 (2) Wood materials including any and all dimensional lumber, fencing or construction 4 wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted 5 with lead paint. 6 (3) Vegetative materials including trees,tree parts, shrubs, stumps, logs, brush or any 7 other type of plants that are cleared from a site for construction or other use. 8 (4) Metals including all metal scrap such as, but not limited to, pipes, siding, window 9 frames, door frames and fences. 10 (5) Roofing materials including wood shingles as well as asphalt, stone and slate based 11 roofing material. 12 (6) Salvageable materials including all salvageable materials and structures including, 13 but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances. 14 (7) Any other materials that the chief building official determines can be diverted due 15 to the identification of a recycling facility, reuse facility, or market accessible from the city. 16 (h) "New construction" means, for the purposes of the recycling and diversion 17 requirements in this chapter, the construction of a completely new structure or building. 18 (i) "Structure" means, for the purposes of the recycling and diversion requirements of 19 this chapter, anything built or constructed, an edifice or building of any kind, or any piece of 20 work artificially built up or compose of parts joined together in some definite manner that 21 encompasses 200 square feet or more of area in any one plane, except decks, fences, or 22 balconies. 23 (j) "Total value" means the total value of new construction or an alteration as calculated 24 and determined by the chief building official in the same manner as for permit and building 25 plan review fees under Section 107.2 of the California Building Code as adopted by the city. 26 27 8.17.020 Deconstruction and Salvage and Recovery. 28 (a) This section shall apply to the following: 8/21/2001 3 1 (1) Every building or structure planned for demolition; or 2 (2) Every building or structure planned for alteration, in which the alteration has 3 a total value of$50,000 or more. 4 (b) No person shall begin such a demolition or alteration until a period of five (5) 5 working days has elapsed from the date of issuance of the demolition or construction permit, in 6 order to facilitate that pre-demolition deconstruction, salvage and recovery. The owner,the 7 general contractor and all subcontractors shall recover the maximum feasible amount of 8 salvageable designated recyclable and reusable materials prior to demolition or alteration. 9 (c) In the event that it is determined that no materials can be salvaged for reuse from a 10 particular project, written documentation shall be provided to the City as to the reasons why 11 salvaging cannot take place at least three (3) working days before demolition or alteration 12 begins. 13 (d) Recovered and salvaged designated recyclable and reusable materials from the 14 deconstruction phase shall qualify to be counted in meeting the diversion requirements of this 15 chapter. Recovered or salvaged materials may be given or sold on or from the premises at 16 which they were recovered or salvaged, or may be removed to reuse warehouse facilities for 17 storage or sale. Title to reusable or recyclable materials forwarded to the operator of a recycling 18 facility, landfill, or other disposal facility will transfer to the service provider upon departure of 19 the materials from the site. 20 21 8.17.030 Diversion Requirements. 22 The minimum percentages of waste tonnage of demolition and construction debris 23 generated from every demolition, remodeling and construction project, as defined below, shall 24 be diverted from going to landfills by using recycling, reuse and diversion programs as follows: 25 (a) From demolition: 26 For each residential (single-family and multi-family) or nonresidential demolition in the 27 city: At least sixty percent (60%) of all generated C&D tonnage from the project shall be 28 diverted. When total tonnage generated from a project includes soil, concrete and/or asphalt, 8/21/2001 4 1 the total diversion rate shall remain at sixty percent(60%)but at least twenty-five (25%) of the 2 C&D tonnage that excludes soil, concrete, and asphalt shall be diverted. For example, if total 3 tonnage generated is one hundred (100)tons, the total diverted tonnage shall be at least sixty 4 (60)tons. Of this amount,the total tonnage diverted through materials excluding soil, concrete 5 and asphalt, shall be at least twenty-five (25)tons and the remainder (35 tons or more) can be 6 obtained through diversion of soil, concrete and asphalt. 7 (b) From new construction: 8 Each residential (single-family and multi-family) new construction and each 9 nonresidential new construction shall comply with the same diversion requirements as for 10 demolition: Sixty percent (60%) of total waste tonnage generated from the project shall be 11 diverted. When total tonnage generated from such a project includes soil, concrete and/or 12 asphalt, the total diversion rate shall remain at sixty percent(60%) but at least twenty-five 13 (25%) of the waste tonnage that excludes soil, concrete, and asphalt shall be diverted. For 14 example, if total tonnage generated is one hundred(100)tons, the total diverted tonnage shall 15 be at least sixty(60)tons. Of this amount,the total tonnage diverted through materials 16 excluding soil, concrete and asphalt, shall be at least twenty-five (25) tons and the remainder 17 (35 tons or more) can be obtained through diversion of soil, concrete and asphalt. 18 (c) From alterations: 19 Each residential (single-family and multi-family) alteration with a total value of$50,000 20 or more and each nonresidential alteration with a total value of$50,000 or more shall comply 21 with the same diversion requirements as for demolition: Sixty percent(60%) of total waste 22 tonnage generated from the project shall be diverted. When total tonnage generated from such 23 a project includes soil, concrete and/or asphalt,the total diversion rate shall remain at sixty 24 percent(60%) but at least twenty-five (25%) of the waste tonnage that excludes soil, concrete, 25 and asphalt shall be diverted. For example, if total tonnage generated is one hundred (100) 26 tons,the total diverted tonnage shall be at least sixty(60)tons. Of this amount,the total tonnage 27 diverted through materials excluding soil, concrete and asphalt, shall be at least twenty-five 28 8/21/2001 5 1 (25) tons and the remainder(35 tons or more) can be obtained through diversion of soil, 2 concrete and asphalt. 3 (d) Separate calculations and reports will be required for each portion of a project that 4 involves demolition and alteration, demolition and new construction, or any combination of the 5 three. 6 7 8.17.040 Information Required Before Issuance of Permit. 8 (a) Every applicant shall submit a properly completed "Recycling and Waste Reduction 9 Form," on a form as prescribed by the city as an integral part of the building or demolition 10 permit application process. The applicant's submission shall include an accurate estimate of 11 the tonnage or other specified units of construction and demolition debris to be generated from 12 construction and demolition on the site. Approval of the form as complete and accurate shall 13 be a condition precedent to issuance of any building or demolition permit. 14 (b) The chief building official will review the Recycling and Waste Reduction Form for 15 the purpose of confirming the accuracy of the estimated waste generation and gathering data on 16 the amount of waste generated for the project in the city. 17 18 8.17.050 Deposit Required. 19 (a) As a condition precedent to issuance of any permit for a building or a demolition 20 permit that is subject to section 8.17.030 above, the applicant shall post a cash deposit, surety 21 bond, or irrevocable letter of credit in the following amounts: 22 (1) For demolition, in the amount of fifty dollars ($50) for each ton of 23 demolition and construction debris estimated to be generated by the demolition; 24 (2) For alterations with a total value of$50,000 or more, in an amount equal to 25 1.5%of the total value of the alteration, but not to exceed $3,000 for an alteration to a 26 structure or building that is a single-family residence or accessory to a single family 27 building or structure, or$10,000 for any other type of project; and 28 8/21/2001 6 1 (3) For new construction, in an amount equal to one percent (1%) of the total 2 value of the new construction, but not to exceed $7,500. 3 (b) If a project involves demolition and alteration, demolition and new construction, or 4 any combination of the three, a deposit shall be required for each portion of the project and be 5 calculated pursuant to this section for each portion. 6 (c) The deposit or cash bond shall be returned, without interest, in total or in 7 proportion, upon proof to the satisfaction of the chief building official, that no less than the 8 required percentages or proven proportion of those percentages of the tons of debris generated 9 by the demolition, alteration, or new construction have been diverted from landfills and have 10 been recycled or reused. If a lesser percentage of tons or cubic yards than required is diverted, a 11 proportionate share of the deposit will be returned. The deposit shall be forfeited entirely or to 12 the extent that there is a failure to comply with the requirements of this chapter for timely 13 reporting or compliance with the percentage diversion. 14 15 8.17.060 Administrative fee. 16 As a condition precedent to issuance of any permit for a building or a demolition permit 17 that involves the production of solid waste destined to be delivered to a landfill, the applicant 18 shall pay to the city a fee as established by resolution to compensate the city for all expenses 19 incurred in administering the permit. 20 21 8.17.070 On-site practices. 22 During the term of the demolition or construction project,the contractor shall recycle or 23 divert the required percentages of materials, and keep records of diversions in tonnage or in 24 other measurements approved by the city that can be converted to tonnage. The chief building 25 official will evaluate and monitor contractor reports from each project to gauge the percentage 26 of materials recycled, salvaged, and disposed from the project. To the maximum extent 27 feasible, on-site separation of scrap wood and clean green waste in a designated debris box or 28 boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land 8/21/2001 7 1 cover purposes. In order to protect chipping and grinding machinery and personnel, metal and 2 other materials which cannot be chipped or ground shall not be placed in such boxes. On-site 3 separation for recycling and salvaging of other materials shall be undertaken to the extent 4 feasible. 5 6 8.17.080 Reporting. 7 (a)No later than sixty(60) days following the completion of a demolition project or 8 construction project, the contractor shall, and as a condition of final inspection and for issuance 9 of any certificate of occupancy if applicable, submit documentation to the city that proves 10 compliance with the requirements of section 8.17.030. The documentation shall consist of a 11 final completed "Recycling and Waste Reduction Form" showing the tonnage of materials 12 recycled and diverted, supported by originals or certified photocopies of receipts and weight 13 tags or other records of measurement from recycling companies, deconstruction contractors, 14 and landfill and disposal companies. Receipts and weight tags will be used to verify whether 15 materials generated from the site have been or are to be recycled, reused, salvaged or otherwise 16 disposed of. If mixed debris is taken to a facility that provides both mixed C&D processing and 17 disposal services, documentation shall be provided to show that the delivered materials were 18 processed for recycling and also indicate the average diversion rate achieved by the facility 19 from mixed load processing. 20 (b) If a project involves demolition and alteration or new construction, the report and 21 documentation for the demolition portion of the project shall be submitted no later than sixty 22 (60) days following the completion of the demolition portion of the project, and must be 23 approved by the city before issuance of a building permit for the alteration or new construction 24 portion of the project. The permittee shall then submit the report and documentation for the 25 alteration or new construction portion of the project no later than sixty(60) days following 26 completion of the alteration or new construction portion as specified in subsection (a) above. 27 ,g 8/21/2001 8 1 (c) As an alternative, a permittee may submit a declaration stating that no waste or 2 recyclable materials were generated from the permittee's project or a particular portion of a 3 project. 4 (d) Any deposit posted pursuant to section 8.17.050 shall be forfeited to the city if the 5 permittee does not meet the time requirements for reporting pursuant to this section. 6 (e) All reports, letters, and documentation submitted pursuant to this section are subject 7 to verification by the city. 8 (f) On an annual basis,the chief building official will compile a report that, at a 9 minimum, describes the number and type of permits issued, the number and type of projects 10 covered by diversion requirements, the total tonnage generated, and the estimated diversion 11 resulting from these projects. 12 (g) It is unlawful for any person to submit a report to the city under this section that the 13 person knows to contain any false statement of tonnage of materials recycled or diverted, or any 14 false or fraudulent receipt or weight tag or other record of measurement. 15 16 8.17.090 Adjustment of Values. 17 In order to ensure that the values provided by this chapter that trigger requirements for 18 reporting, diversion, and recovery remain fair and equitable,the values shall be adjusted by the 19 chief building official according to the following formula: 20 On July 1 of each year, the values payment shall be increased or decreased by 21 the percentage change in the Consumer Price Index—All Urban Consumers/All Items 22 (CPI-U, 1982-84=100) for the San Francisco-Oakland-San Jose, CA Metropolitan Area 23 between April 2001 (189.1) and April of the adjustment year. 24 The adjusted values shall be filed with the city clerk. 25 26 27 // 28 8/21/2001 9 1 8.17.100 Application to Additional Projects. 2 Notwithstanding any other provision of this chapter, the provisions of this chapter will 3 apply to any construction project that the chief building official determines will generate five 4 (5) tons or more of construction or demolition debris. 5 6 Section 3. If any section, subsection, sentence, clause, phrase, or portion of this 7 ordinance or the application thereof to any person or circumstances is for any reason held 8 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed 9 a separate, distinct and independent provision and such holding shall not affect the validity of 10 the remaining portions hereof nor other applications of the ordinance which can be given effect 11 without the invalid provision or application, and to this end the provisions of this ordinance are 12 declared to be severable. 13 14 Section 4. This ordinance shall be published as required by law. 15 16 Mayor 17 18 I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the 19 foregoing ordinance was introduced at a regular meeting of the City Council held on the2Oth 20 day ofAugust, 2001, and adopted thereafter at a regular meeting of the City Council held on the_ 21 day of , 2001, by the following vote: 22 23 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: 24 ABSENT: COUNCILMEMBERS: 25 26 City Clerk 27 28 C:\FILES\ORDINANC\recycingver2.fin.wpd 8/21/2001 10 CITU AMIE ii U\`NGAME STAFF REPORT AITEM#A 6B � MTG. 9/4/01 DATE _ TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED Aiir BY DATE: August 21, 2001 / APPROVE I FROM: PUBLIC WORKS BY ,/ //// SUBJECT: /- ADOPTION OF ORDINANCE ESTABLISHING A THIR -FIVE MILE PER HOUR SPEED LIMIT ON TROUSDALE DRIVE FROM SEBASTIAN DRIVE TO SKYLINE BOULEVARD RECOMMENDATION: It is recommended that Council hold a public hearing to: A. Adopt proposed ordinance. B. Direct City Clerk to publish a summary of the ordinance within 15 days of 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. • 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. Page 2 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. fank C. Erbacher Assistant Dir. Of Public Works Tel. 650-558-7230 c: City Clerk, Police Chief TSP Commission S:\A Public Works Directory\Staff Reports\Trousdale 35mph Speed 2.wpd 1 ORDINANCE No. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 13.24.010 TO PROVIDE 3 A 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 20th 12 day of August, 2001, and adopted thereafter at a regular meeting of the City Council held on the 13 day of , 2001, by the following vote: 14 15 AYES: COUNCILMEMBERS: 16 NOES: COUNCILMEMBERS: 17 ABSENT: COUNCILMEMBERS: 18 19 City Clerk 20 C:\FILES\ORDINANC\speedtrous.pwd.wpd 21 22 23 24 25 26 27 28 2 KEEP RESIDENTS AND OUR CHILDREN SAFE `ue to our concerns for the safety of the residents and our children in Burlingame,we respectfully ask for the traffic safety laws on Trousdale Drive to be enforced. We request that both the speed limit and limitations on truck size be enforced and the stop and go lights be put up on the intersection of Trousdale Drive and Skyline Boulevard and a stop sign on Trousdale Drive downhill toward El Camino Real at —2 cross street Loyola Drive before a tragic accident occurs. NAME ADDRESS TEL SIGNATURE 4 ; ala. a l 1 A` 2;i00,10T o\& Di, '5%91 S Soret&'t t,✓l; •. , .or, ,�...fZ civ -4- . i 7-3b 4: -A � � a-\ -v`cs.N.b ZGl\'�2wa,sw 3.5:Dcl In tz� c y. QST /la, -33i, , , 7 1 �� .44 lig .n-R--_-,..,�. .� E 5 y-Y�2i , 7/. w ;Jt>U" CHO 27zr Trc,/E_Q 1- 612SfrI)3 ,� . Ada Hs IJ 7 7.;; U1 4,5Z-3�3 i, -- ,------ Fe., _ Fe.,1 L 1 27 01 Ty-,-,s,..-tas, Or f,5-z-78-$, __ Xt/4c' vi L 1 z7,5 T rousciale D 6� 7c vC � __- _e C ' _.5 o d,le �` ,,a a6(t-s- I Y��S dki-1 e 0 Ma 4-4- . /4-4 b9 v2 �4.:T7//I. C'fc!ice!^;%1 Ili i.t7 (ot\I kL .6e,a rel AtS 1 tiFa z 9_ 2.1f_ `) /...,,,____7„ . -- 1" .P.,.. _ . /O eec4f�b L - - /_ %JA/1 1 MIN�ii�'AP. IE•' a ��..�: 6-7cfri Liv I 3.O3d .1;-,./..64 ir'vR 0z-SS!$ 'Lid,I I 11 or-ion Ovens e` 6" lrtou ale Yr 10(3`1-7533 d TUK suatbr JZe-61 Orl (k4' &SGRum- Will 01---?-Sr) 1 -- - 6i --a(0-1 Ipso f 'Aro mut g3(1 6S2-1ggk .fir . J,.s�•.,ly Alt T-.5 7% /( S-Y- 74 1,74:1jr7 . S2 7V'.e' ,°.t,72.47- --,--•-- KEEP RESIDENTS AND OUR CHILDREN SAFE ue to our concerns for the safety of the residents and our children in Burlingame, we respectfully ask for the traffic safety laws on Trousdale Drive to be enforced. We request that both the speed limit and limitations on truck size be enforced and the stop and go lights be put up on the intersection of Trousdale Drive and Skyline Boulevard and a stop sign on Trousdale Drive downhill toward El Camino Real at ) cross street Loyola Drive before a tragic accident occurs. NAME ADDRESS TEL SIGNATURE I1 Lt Al tt6.1.v �, )1A1- 677'0(P7�'� i-p,; �� , ,l d. w li.. �J ( • *I , rd.. ' 9: 0 S - arr at ' r- k, f . .111011111MPMEMBEITiallriW_ (� I� C ti 4D-i)-{ '1� L i 1 6r '2, -4 'wow _ 4p � -� � M 0 L. i ,j \ (4, I a C i-r p, kSu�t�Nz W 3.5'f --- 0).c-- (� hi.a,, - ,742, 1.29 o eh2.z,.,,,. -Wit, a9--- is 4 /1-1,% ) , ; /4.1.t 6/ 1) CIoc.,r -,`e_ec.Q p—,.. .6W92 yob-- / (" c- ------,-- -- ,'"z1/,77- _, LJ/, - 1&1 , 3 0 1341,- 3 (1'z- qzb j Lam-- tL) .Lt� 44 • C l X01 j ar4 e (A/ 6�7// s :4A it-4r, , 4 et— 474?.9 tutti,-( -4,61.7 , 537-,31-5-DS- a t r - . '(Vle1.::/m,,,,941 , , 5 4/, '- _, �— t '.41111 '- '� �C-vi/-r e X05 iz4r,1 S. &- V-95r5. l, ` • 'J(>i i-k v- 900( EA TOAD 1)/' 7-LI CXY- /jm /. / r . , J . t , , `'i - 0ci . •/' - L ' e\, r \-\,ite alq 0A-.<--. ) i.--)6 ; fr1,1•4' Vt/1-1 i 0 Ail . ("4� / -Q 'I G Cjr" A / 2a fr D r' ?7' i 9! _ I __24 -_&i.re c VA .,,- -r ,U, A0,-, ,or 14% - , ( Gu -5- ‘,1 kr) Hp Ta 3C n(% Q, H , r-c lAioi .41 -te67 C -ter. (` a_re: I4z,cp -cJL . . '72- 7 kilt j.- e J tiusn4 . C : 61_ ,-2,,,_,_i 4 ( 2-- c 3 ,Y7z4 _c -4(ei; iZdSsI urzis S,rz0me- 91-s hir+.2/2,, eA) Ay/4i 7.4/'gig /t 44.4-a 1 ..5-c.di 11()OikAtrd N (344 J ruA 00-6,6 - k ,✓ J r(,[P� 1 L aL* 2q1rA.A. �� ''V) - - 5 4. :,. , / T 1 x . • . . . KEEP RESIDENTS AND OUR CHILDREN SAFE ue to our concerns for the safety of the residents and our children in Burlingame, we respectfully ask for the traffic safety laws on Trousdale Drive to be enforced. We request that both the speed limit and limitations on truck size be enforced and the stop and go lights be put up on the intersection of Trousdale Drive and Skyline Boulevard and a stop sign on Trousdale Drive downhill toward El Camino Real at cross street Loyola Drive before a tragic accident occurs. NAME ADDRESS TEL SIGNATURE 7Z 0 fi ),D4 A -rc-A 0 IYTO a ntek,-,0 DoZ 6_o) -.s-,» -41 , ._:-- 2-._ _L_____L_____--, D , , /Cot A - . ,1 ,z , , (14 OIO 544,(2- l)6 4o v7:- V kkc .e_ ilvk c, G.e. vG 'KP.) ( -Qk.k (citaqvIV ?v, ,,,4\ ZP 4,2 IFf-C iV j ' _ - ii-1 La CA) 4 b ei !..< �,, vu.11 ; , 7p - Ai 7Z y 10 — , v�:' •J 6,tf,z Live 6 J2 �A - _..E� _ -- ---/------i �' A �;Yet kl CS' 1 C`wl 7' Tt._vvi� v 1 dik t-/__ - , V G. C, k Y., e () , Srd -t- 3 - /0; , () :. . 3 " C• ` r) L -� 4 � . \r 1 C L • _V ,1 / tA_ 6 3- E'r)by\ A-1/‘& . 6,P -g 70& 6 b ' /4---, --- 1 taai.j LL*1 Ct(i 170‘1/6) tit!t-2_ . (c Li.2r i E-?rir(---9 eki (,L,, (7--' 2 i i . f-Siz,„_,v_f77 &7 0 7 /I) d /1/ I .L/ -Y- 1) (7 `--- / ' it) ' 1 (1. )16 ' 0 — fiia077 A)/1- _- • - 6q7-?M / -„L( \,, . ( -:7 II 4.11. : , / iti' Ar,.:. i) 9 (7- yij -v ,_,: : ' )1O4 ( Pli- I Y 317 t 0 v.l1;1' /,t 7-13 e )///-1;/)',1-c- _. ) • i / ,av� • .t-ii,- j / __V/,t/i4,,- . ,1. 'C� if 4-Zi- 1 // i , �) w Cl ,r, E' cr6 l % & vr,. A..---) 6� / L l r 6 7/ (") ' 2--d 1 -7) 61),e2,,,,,, ,e. (, 7-'6 3 ' . d / � ( 1 ti� / ,/4eeb( - N 7'Lrl 'KP. / Mri u \ ft_ t 1) c 3O 1CCc1A)L2.1(69 - - ' \ b-Z-_____, Th / , -- ` a ( L R6-i- t-'2.-q,:-._ 1, c v5 22 ��```% / " r �--� .icoe-lec&aig\ Z-.0,t--\r-rV--_-7-k)-kr)- (0V -11=1 1/Q),\Act ( tdro --,, / 6i1-, 42,4,-4— g rv/-i-,s 1-1/c,-)1 / 21,,,--- 6 7 /J0C7i/c,- Z (1j;L- / I ' L "S--' 7 f "Z, 45--/(d .-yr-- _x -fT , ,/� -: -4‘-'2 -C , /-1"-rr—t _ 3-.2 C ST- 13 11'L, -- .1 64'7- 113 T . "� JI,L;<._' -?-2)-=/4z) 1 KEEP RESIDENTS AND OUR CHILDREN SAFE Due to our concerns for the safety of the residents an our children in Burlingame, we respectfully ask for the traffic safe laws on Trousdale Drive to be enforced.We request that bo the speed limit and limitations on truck size be enforced, and st p sign on Trousdale Drive downhill towards El Camino Real a cross street Loyola Drive be put up before a tragic accident occdirs. NAME ADDRESS TEL SIONATUR S T-uR2 6i-Th-ft'• C 0313 F.2Li-t1n 3(q-1641 • ,rd l �. Mi. .• o a.. e14 RA S19-4-bis .`11l Robin Li ,nom P.IcoA.•J,1 RA S79-K6rs %,. i,eAe G ,. • 3bS'� (- � , `ai-� 517--'tv-)) ice; / l /1 X�, �� , - _ 7_i- (4 / - `12 a0Y \ e-(te)y �iGZIOI�� J'',-{ r • , y-u-(--,-,6-,t u“,4 30 5- 7/47--,, /�' �j n3 ft(g_ ls.., 2-z/ z At,_, 6/cy-76oK -,`,i, „�-- � VG,h-e C I I a.0c( L'c»2fie.7 fix- SFi�J v. -�u-�e()6,-,` q kcun� ke(C 1.‘-to Com,t, Iv\ 0-0—_,-(._ fir - 313-Lost, Iiiik` , 1-f040 f I'►•�wlAn, 4Ia Hate,Dry uei 3'2,04,-e. 1-3 3 ,Gt — vo' c�(Ull i22o Ci a"YIat1 vib. 6IZ i 1 ,--1-:,-, ku NSr- /3 S V E?LU ES ,, 3y)-3 . - k a.e 1' I/ Duu� 3 f7-363 ' ,6,30(_____ Iii --L21 - \V r)vJ 236v: !.� � any ��Isvi 7--7/9.}{IL ,c-o bi- N si -llz$ /6 Tak. 55r c4 .2PIt alak Atei Did 6T2- 069r, v0 Da coil Wo)-lad;na, IOo P d.-''- 3u2'5ys-y < p/ fee(o A Ykk6tbo 1181 I' ,6oi (04D-5<3-1� .4 " 4.,„-,1 t•k,v,,N z�.A ri ,test r.., x w god tJ vi4 1A-01/ CI i -- 3((1 rYta-40 2,_ r, i — ,. i� i't `Mv i il.. 19 ('A A_.i _. t'�wl. 34667;6Yi.e Buck, 113 Cos- « ' • -+-c+Q. 5�1-4 c13- 9 - ,, KEEP RESIDENTS AND OUR CHILDREN SAFE sue to our concerns for the safety of the residents and our children in Burlingame, we respectfully ask for the traffic safety laws on Trousdale Drive to be enforced. We request that both the speed limit and limitations on truck size be enforced and the stop and go lights be put up on the intersection of Trousdale Drive and Skyline Boulevard and a stop sign on Trousdale Drive downhill toward El Camino Real at cross street Loyola Drive before a( tragic accident occurs. NAME ADD ESS TEL ! SIGNATURE k)-3 cx-s y f • / � Vows -f � � . ( r7-7i ( rift_ 45,01g• ei/.• clr 7,Pik for./„. v. Irf 1 �P L 41 , 2 Ti) k ( 4�� q)214- „, • �� / .5.../ ��- � �� • fit✓ rte _ . d." K,e7(- -(4/2. 6,1_ -554 ! ► 6 C Z . //6 "-- �L 1. 0 A s r, �, S- / (P6-7 g c- i � � 7 _ g l 2_ d 5� Lem ( �- �/�' � ' f Z' til v lam.ti ��'�t.t' 4 40 i'€,h11 1•r,v.. r 7 -ie.33 2 ?cf-Z) 7—kt,(1141.e } Miviff MEW 71 1, ‘ :A._ / _ KEEP RESIDENTS AND OUR CHILDREN SAFE Due to our concerns for the safety of the residents an our children in Burlingame,we respectfully ask for the traffic safe laws on Trousdale Drive to be enforced.We request that bo the speed limit and limitations on truck size be enforced, and st p sign on Trousdale Drive downhill towards El Camino Real a cross street it Loyola Drive be put up before a tragic accident occ rs. NAME ADDRESS TEL SIGNATURE c s'N) ' 4240 • f Q.r/i i/9 I, i Vr21419- 2*4-i •P Alc_!i'‘4342%9 7- •47 e 0 is ,c�ft i'm. JO I/5:� _ r'2-5ery /17-4/41W-4/1-' L ]D c.21V6' %roctsAk sD r c:N/14'ccn;C C/mp'S .Z.9935- iuzca 22 6'7.11'. .e wr, g (--f' /j /L (n11-7,4 kir ,Q `5 7 -cz.t- 6f7-6 6 (s7-,( ' zg2- • .1.14, 0 0 A VII _ • KEEP RESIDENTSj,�� DREN SAFE Due to our concerns for the safety of the residents and ozr children in Burlingame,urlingame, w e •espectfully ask for the traffic safety laws on Trousdale Drive to be enforced. We request that both the speed limit and limitations on truck size be enforced and the stop and go lights be put up on the intersection of Trousdale Drive and Skyline Boulevard - _ �-\ - - , .,..•...- _ • ( / - t • irm ,r1 ,rte esi ini r1-71E1 r el T!'1 T A MT T-1-1 T� NAME ADDRESS , , ze SIGNATURE ';ii" 'Ara- (if / Uj. mr, 4\5 / C .e/4 Al--e'41- 1-'40 Af7:4;y#: : , __id' c P. e rciV • C.: ° fir --i/ct ( It- IRJ1k) Dt. 6(iff .6g)( -13 -? 1,04Wk, , ki an 0, AI . 4,„,.....,„ „„, , - A. , -_ e/ • Id -...... 6 . - WILIMI -a - _Ali /V Al / X2 - /;-- 2( ' ,2 4°' • _ ,Z, 6 , . g-,__ 74 /7. dx (7/- ) Ar, ' friCilii-pvc7c /--' eV l 9 7 Y 6-;,‘-‘,.a/& /-- (,-c) R 717, Luo 9 ... z - /i I__ 1 iv -----_ o y. ?7y 4 c c'&7,L o pQ L 51) E 1 '-g i • - 7.<0,,A,L -_,)eZik )--e_ 4Z_ c,--2 9() (_,/ z '. cj 1A) 656 697 7 76) - -V-2 - \._ lia4.7_ - -----) A- • T; i11Lai'r■1r1ttiaM ./1i3ar ►� fir. n r &al. f,I 4^ 1/.4 to Dk( , 6 7 --,,AIA5 mt.L. - i Dk irk L [Ac ' -I .41 (-) -/ i • f ,2- .- : 0 Z A '(-_ -, 23 / v.ari / • ne --/ g rAts F I i i/ v. (, :z Vr A r I-eel/0 -6it- - 6 /-1--S / /4 , , 4111,, Ar 97 ' - .-- ..- -,.. e - _ - . fi - 4'v(// r-- _ ,,,,,, r . ;7 0 als9M ° 1 oc,i_ 1 ( V , I M7r, I t --1.____,.1._..a r? ... , FRC}ht : MEr'ERE REPORT I NG FH- : 650343291SJan. 29 2001 0 P1 To: ANGELA C}IEUONG FROM : JULIE MEYERS DATE : Jan . 29 , 2001 697-2454 I have attached the letter you ' ve requested . z don ' t have any additional signatures ; however , Ron Nadel was at the last PTA Council Meeting at Sony DeMarto ' s request , and safety issues around the city are being discussed . I can ' t attend any Monday meetings , and I've actually maxed myself and am unable to take on any other projects at this time. z hope I ' ve been of help . Thanks 5a2.- --c" P -(1 l (p 11J Jan U1 ib:51 t.arney• o.iu-oo•-a,.,u., �-•< FRIM PNONE NO. : JAN. 10 2001 10,52AM P2 J��wi lw7 UI)10 Ut U`J.UI NU.YL4 UIJU'I KEEP RESIDENTS AND OUR CHILDREN SAFE Due to our concerns for the safety of the residents and our children in Burlingame,we respectfully ask for the traffic safety laws on Trousdale Drive to be enforced.We request that both the speed limit and limitations on truck size to be.enforced and �J‘vo\ s NAME ADDRESS TEL SI c NATURE sa,oa• nc,c- ° („el .305) �,v� r� \J ,yc Ste! 1rt�q'� S vl Sous'. /505 495 A/.65 T'67./C1s�u� c ,Ayr`ar/ /�1 . r•hG_Re f 7 vis ( _ G�� S7 `.l /,__ /lcc/ L • I lJ��w I-l03, 0- 11.A.D lo Avg _. _..-_ J42,-`;L�r-c. Irh_r_la, Smi�11--_ QIv, ry►do► ' _1,0_.4 2.9,113 . 'lc �I1� GJ 33)-'7. lam _ :.� �/', .„l 399 1 rita-..h �► !iu L•---".-. (�..6.1 k,utp c 7/. ory,- TAW'. t .Lus.A i 3 521 ibl 'f9 9� s'lfilL. A 'a • U_Di.Sos'_?..13 3 Co_Cor I 0 c 1 - • .. 11_. • • PL15 Rw Inh 360 D.1C1 11Gif7JX u 5b1b j . I G(Ona Choma 1154`} carol Ave _ , -2855 a..1 A nu. ,.tl r 13 _Co 313-9,cMAIMENr- .i�W� r'r RIV - 1. I3.aNkpcj -'/ _I r.c40%1-1�J ....._ KEEP RESIDENTS AND OUR CHILDREN SAFE respectfully e to our concerns for the safety of the residents and our children in Burlingame, we ask for the traffic safety laws on Trousdale Drive to be enforced. We request that both the speed limit and limitations on truck size be enforced and the stop rive and and go lights be put up onnthe Trousdale Drive downhill downhin of tTrousdale toward Cl Camino y1ne Real at Boulevard and a stop sign cross street Loyola Drive before a tragic accident occurs. NAME ADDRESS TEL Li_ SIGNAT ;Yr%;4a .. , t, IA . . .4 , e--- - • g - , 6 AV - „„ _____, . Zem-i.) 2,C_ -2- '--- .-7 71-- c2 rite, "&-- 52-r-, 7 2--- 7 el- C--c --------- Pall ---,t-------a--_ ---: ii, , 11 i • • : III1M E C E 11 V E 2001 DEPT. OF PUBLIC WORKS CITY OF BURUNGAME IN T ER BMEMO P.:use OFFICE To: Traffic Safety Parking Commission Lisa DeAngelis D E ( L Il w , i James Evans 11 i I David Meyer p� - 5 2OC, -� James McIver wR. Ross Cohen ORKS From: Sergeant Bob Ransom DEcOF BURUNG rrAME Subject: Trousdale Dr. - Outcome of Meeting With Traffic Referees Date: July 4, 2001 At your direction, I met with Municipal Court Traffic Referee Kathleen Henry and Juvenile Court Hearing Officer Herbert Schilling. I spoke with Mr. Schilling on June 8 and explained the concerns of the Trousdale Dr. residents about speeding vehicles. When I asked him about dropping the speed limit to 25 M.P.H., he said that he couldn't justify a guilty decision, in court, based on that speed. On June 21, Ms. Henry came to the Burlingame Police station and met with Commander Marriscolo, Frank Erbacher, and me about the speeders on Trousdale Dr. Ms. Henry would not talk about specific speeds and would only say that she could only consider the issue from the bench, on a citation by citation basis. Ms. Henry gave us case law, People vs.c.roulet, that requires the judge to consider an engineering survey as it relates to radar speed limit enforcement. Frank said that he would consult with the city attorney to determine how the law applies to enforcement. In considering the case law, People vs. Flaxman and People Vs. Smith, there is little room for a judge to consider a flawed engineering survey in favor of the People. I have attached a copy of an"AAA" insurance publication entitled "Realistic Speed Zoning: Why and How." If you have any questions, don't hesitate to call me at 692-8440. I'll arrange to get the answer, if I don't already have it. copy: Chief Missel Cmdr. Marriscolo Sgt. Cutler Frank Erbacher 41, 1, E REALISTIC SPEED ZONING Why and How TO PUBLIC OFFICIALS AND INTERESTED CITIZENS RECEIVING THIS MANUAL: All too often speed zoning is considered a cure-all for a k�c community's traffic ills. Citizens frequently demand speed zoning in an effort to develop a quick solution to complicated traffic • problems. Realistic speed zoning is a traffic engineering tool used to derive the best traffic service for a given set of conditions. This manual tells what realistic speed zoning will do, what it won't do, and how to go about it. We hope you will find this booklet useful and will keep it in your files for continuing reference: Additional copies are available upon request, and inquiries about the points therein are welcomed. el, Presented as a public service try the A4 tomobile Club of Southern California. � ERN ctV Copyright® 1998 by the Automobile Club of Southern California 3333 Fairview Road.Costa Mesa.CA 92626 INTRODUCTION This manual is a practical guide to realistic speed zoning for those who are unfamiliar with engineering and traffic surveys as defined in the California Vehicle Code. Speed zoning should generally be applied to major thoroughfares carrying appreciable volumes of traffic, transition points on major highways from rural to urban conditions and areas with a high number of speed related collisions or unusual enforcement problems. The Vehicle Code supports this viewpoint: "it is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily Pat apparent to a driver in the absence of other factors, would not require special downward speed zoning." >` The first part of the manual tells why speed limits should be realistic and selected on the basis of an engineering and traffic survey. The second section shows how to complete such a survey and how to select a realistic speed limit. When called upon, the Public Affairs staff of the Automobile Club of Southern California will be happy to be of further service regarding specific speed zoning problems. Acknowledgment is given to the Institute of Transportation Studies, University of California, for permission to use material from the syllabus "Fundamentals of Traffic Engineering" and to the California Department of Transportation for excerpts from the "State Traffic Manual." • , SPEED ZONING - WHY? • FUNDAMENTALS OF REALISTIC SPEED ZONING Most citizens can be relied upon to behave in a reasonable manner as they go about their daily activities. Many of our laws reflect observations of the way reasonable people behave under most circumstances. Traffic regulations are also based upon observations of the behavior of groups of motorists under various conditions. Generally speaking, traffic laws that reflect the behavior of the majority of motorists are found to be successful. Laws that arbitrarily restrict the majority of drivers encourage wholesale violations, lack public support and usually fail to bring about desirable changes in driving behavior. This is especially true of speed zoning. Speed zoning is based upon several fundamental concepts deeply rooted 1, in our American system of government and law: • Driving behavior is an extension of social attitude. The majority of drivers operate their vehicles in a safe and reasonable manner as demonstrated by their consistently favorable driving records. page 2 • The normally careful and competent actions of a reasonable person should be considered legal. • Laws are established for the protection of the public and the } regulation of unreasonable behavior by the individual. • Laws cannot be effectively enforced without the consent and voluntary compliance of the public majority. Public acceptance of these precepts is normally instinctive. However, the same public, when emotionally aroused in a specific instance, will invariably reject these fundamentals and rely instead on more comfortable and widely held misconceptions, such as: • Speed limit signs will slow the speed of traffic. • Speed limit signs will decrease the accident rate and increase safety. • Raising a posted speed limit will cause an increase in the speed of �.. traffic. eove • Any posted speed limit must be safer than an unposted speed limit, F4: regardless of the type of roadway or conditions present. I I Before-and-after studies consistently demonstrate that there are no significant changes in traffic speeds following the posting of new or revised speed limits. Furthermore, no published research findings have established any direct relationship between posted speed limits and accident frequency. Short- term reductions have resulted, however, from saturation enforcement efforts directed at speed and other traffic law violations. Police agencies necessarily rely on reasonable and well-recognized speed laws to control the unreasonable violator whose behavior is clearly out of line with the normal flow of traffic. WHY ARE REALISTIC SPEED ZONES DESIRABLE? Realistic Speed Zones are of public importance for a variety of reasons: • They satisfy the requirements of the state law for establishing prima facie speed limits on public streets and highways. • They invite public compliance by conforming to the behavior of the majority and by giving a clear reminder to non-conforming violators. • They offer an effective enforcement tool to the police by clearly separating the occasional violator from the reasonable majority. • minimize currentpublic antagonism toward police They tend to m g enforcement of obviously unreasonable regulations. • They inject an element of logic and reason into an otherwise arbitrary and often emotional issue. • They correctly serve to place responsibility for justifying so-called "tolerances" upon those administrative agencies that grant them. • They lend credence and acceptability to the widely posted admon- ition, "Speed Laws Strictly Enforced," at many city boundaries. WHERE ARE REALISTIC SPEED ZONES APPLICABLE? Speed zoning should be reserved for thoroughfares with appreciable volumes of traffic where such zoning can be shown to facilitate the orderly movement of traffic by increasing driver awareness of a 'reasonable speed. Transition sections between rural and suburban conditions usually require "reminder" zoning. Business or residence districts that barely satisfy the legal definition for automatic 25 mph limits can also be zoned to advise the driver of a safe speed and to avoid confusion in determining if Vehicle Code prima facie limits apply. Through streets that are not wide thoroughfares frequently require zoning to aid the police in determining what is a reasonable limit. On the other hand, it is seldom necessary to post limits relating to business or residence districts in obviously well-established urban areas, where such districts are clearly apparent to drivers. The basic intent of speed zoning is to influence as many drivers as possible to operate at or near the same speed—thus reducing conflicts created by page 4 wide differentials in operating speeds. Low-volume streets offer little opportunity for traffic platoons to form so as to affect the speed of individual vehicles. Ar Y~ VEHICLE SPEED SURVEY SHEET • SttM: O. Localan Weattar SlacoNer. Baca, an End Time: Pos.Speed Zan- Road S,pa: DIRECTION: S 10 1S O •Ell W E t•t� 111111 =MIN=IMP -a W -MEM- MMa WHOM -� MUMEMEMMEN -- tn1H�H == Figure 7 -- MINN -- £ x "tea" i $Y ♦ee.+Ye SWed Po SpatC: 1%1�.A".Y: �Y ISMPweTN.(C46 Sand: %In Pav: E9nd TM: WHAT DOES THE LAW REQUIRE? The California Vehicle Code reflects the sensible viewpoint that speed zoning, as with other types of traffic control, should be based on traffic conditions and natural driver behavior—and not simply upon a hasty or arbitrary response to a traffic event. BASIC SPEED LAW All fifty states base their speed regulations on the Basic Speed Law: "No person shall drive a vehicle upon a highway at 'a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." P This law recognizes that driving conditions vary widely from time-to-time and place-to-place. No set of fixed driving rules will adequately serve all 1. conditions. Motorists must constantly adjust their driving behavior to fit the conditions they meet. They must learn to do this with a minimum of assistance from the police. The basic speed law is founded on the belief that most motorists are able to modify their driving behavior properly, as long as they are aware of the conditions around them. z,,- �t -1. X6 "2,:-- 4s 3a. �x ke' � re ate,% ' r.. *-:.1:47` 1 re.usas, sr :,..1- ri,. K 411. � j r .t . :. ?....,4 v �ty.�ik 5xar. ;7'. i, r 1,S#c# ,.:.....:.....a.aL - -- •a...w.w.e+aaw ..•,.•a.�.s. ..,.. -.. - - .. _ et. 44 6a4 ' , r' ' k jt ' �} ta I '. el y` rp It1' e.r# 4. :z M 4;711. 35'0 ':*f... Aiff1'.N::a ' yy' 2.12 v l -�.ii° 3 °; Figure 2 tri er c4f Ar fit f* �4,7: ��ty �Y • liV SPEED ZONE SURVEY SHEET 1.Y ,:p:ps'!• l.Zr1,; fZp: o°.., Imo— RlooD :I. F ati/36.rn'.`.. ALIDNNNT, I-.—.3 .Dos —� .,ooa s'�a.t"fer s.,;4 REMARKS ij.,lq;w.•;.• Avgaity :.' / SCATTERED RESIDENTIAL SOLID BUSINESS SOLID RESIDENTIAL SCATTERED RESIDENTIAL 'P{5 a�ewTF•>,,�.`zt, OPEN SCATTERED BUSINESS I / i/[•a. �: . o Removal Install ��}'a•;'4' Wiri.: Inata 11 Remove N 25 MPH si Rtif.itr. 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