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HomeMy WebLinkAboutAgenda Packet - BC - 2004.12.02NOTICE B URLINGAME BEAUTIFICATION COMMISSION DECEMBER 2, 2004 5:30 P.M. CITY HALL Conference Room A 501 PRIMROSE ROAD BURLINGAME, CA A GENDA I. ROLL CALL H. MINUTES OF NOVEMBER 4, 2004 COMMISSION MEETING III. CORRESPONDENCE IV. FROM THE FLOOR (At this time, persons in the audience may speak on any item on the agenda or any other matter. The Ralph M. Brown Act prohibits the Commission from acting on a matter which is not on the agenda. Comments are limited to three minutes.) V. OLD BUSINESS A. Tree View Ordinance - Committee Report B. Street Tree Removal Policy C. Arbor Day Ceremonies - Monday, March 7, 2005 VI. NEW BUSINESS A. Additional Specie Selections for the Official Street Tree Lists VII. REPORTS A. Parks & Recreation Director B. Parks Superintendent C. Chairperson D. Commissioners Progress report on tree view ordinance consideration • Committee met on 11/29 • Reviewed a copy of tree view " policy" created and used by the city of Belmont — Burlingame's physical topology is less like Sausalito or Austin and more like Belmont — Burlingame bay view is similar to Belmont bay view — Like Burlingame, Belmont does not have a tree view ordinance • Belmont tree view policy is a comprehensive, but non -binding, " guideline" for mediation resolution /1 • Good points about Belmont's view policy.- - Relevant to Burlingame because of similar topology and similar vista of the bay — Contains good, comprehensive list of considerations to follow once in mediation —,Puts all mitigation costs onto the owner of the view, not the owner of the tree — Considers only views impacted by growth since move in — Recommendation is in the hands of professional mediator (even though non- binding) — Is at least a mechanism for resolving disputes, which is better than no mechanism • Bad points about Belmont's view policy: — A " view" is defined to be a view of anything at all, their definition is not restrictive in any way — Identified as applying only to private property owners, does not identify the city as a party to the guidelines — No single mediator identified; any number of them could be used — Is not enforceable, just a guideline for mediation Summary of how Belmont policy could apply to Burlingame • It is at least a defined mechanism; probably a good first step for a city that has no ordinance • By adopting it with the following modifications, it may solve our problem at hand: — Define view as a panoramic view of the bay only — Name the City as a party submitting to the guidelines — Name specific mediator • Benefits of adoption with above modifications: — Burlingame has a mediator on retainer, so educating them once provides consistency and best judge — Restrictive definition would maximize canopy protection — Won't negatively impact city finances — Appears to solve the current problem at hand — Future modifications of the policy, or even future conversion to an ordinance, could occur The City of Burlingame PUBLIC WORKS DEPARTMENT CITY HALL - 501 PRIMROSE ROAD CORPORATION YARD Tel:(650) 558-7230 BURLINGAME, CALIFORNIA 94010-3997 Tel:(650) 558-7670 Fax:(650) 685-9310 July 1, 2004 Re: Notice to Repair Sidewalk Within Thirty (30) Days Sidewalk Replacement Project 2003, City Project No.80960 Dear Property Owner, Recent inspection of the sidewalk fronting your property shows that there are defects requiring repairs at this time to eliminate potentially hazardous conditions. Per the California Streets and Highways Code, the adjoining property owner is responsible for all sidewalk and driveway repairs. The City is hereby requesting that you take an immediate action to repair and/or replace the sidewalk in front of your property per City Standards. Please see the attached drawing showing the location and approximate area of sidewalk repairs required in front of your property. In addition, the area of sidewalk repairs/replacement is delineated with markings. Property owners can choose from one of the two options for making the necessary repairs as follows: 1. The property owner may arrange to have the work performed by a licensed contractor. In this case, the property owner would pay the cost of the work directly to the contractor. All work shall conform to City specifications and standards. The contractor must obtain a no -fee permit, prior to the start of work, from the Engineering Division of the Public Works Department at 501 Primrose Road. 2. If the sidewalk repairs are not completed within thirty (30) days of the date of this letter, the City will hire the contractor to perform the necessary repairs. The costs of repairs for the individual properties will be forwarded to the County Assessor's Office to be collected with property tax bill after a public hearing is held by the City Council to hear any protests and finalize the costs. The costs will be based on competitive bids received by the City. Based on the current prevailing prices, typical costs for removing and replacing sidewalk vary from $8 to $12 per square foot; driveway costs vary from $10 to $15 per square foot; and concrete cutting/grinding costs vary from $40 to $50 per location (5 linear feet, maximum). Actual costs will vary depending on the contractor's availability, market conditions and amount of work involved. If you have any questions, please call me at (650) 558-7242. Sincerely, Victor Voong Project Engineer Enclosure: Repair Diagram C:\TEMP\SW.wpd CITY OF BURLINGAME SIDEWALK PROGRAM The program is designed to repair defective sidewalks to eliminate tripping hazards throughout the City. Geographic areas have been identified and prioritized in the program for repairs based on the amount and severity of potential tripping hazards. A tripping hazard is defined as a sidewalk lift of 1/2 inch or more according to the guidelines from the Americans with Disability Act. In the past, the City has financed an annual sidewalk maintenance and repair program by utilizing City general funds. In light of the current budget shortfall, the City can no longer fund sidewalk replacement in this manner. In January 2004, City Council authorized staff to proceed with a modified sidewalk replacement program in accordance with the Streets and Highways Code which requires the adjoining property owners to repair damaged sidewalks. Many neighboring municipalities have already been requiring property owners to repair sidewalks in accordance with this State Law. What does the Streets and Highways Code say? The Code states that property owners shall maintain adjacent sidewalks in such condition that they will not endanger persons or property and not interfere with the public convenience for its intended use. The Code also provides a notification process which includes identification of the type of work needed and the time frame within which the repairs must be completed. t-- How does the City Sidewalk Program work? An area of the City is annually selected for the sidewalk program on a rotational cycle based on a review of the severity and number of hazards. The sidewalks in the area are carefully inspected to determine the appropriate type of repairs. Markings are then placed on the sidewalks to identify the location and extent of the work. Notices are sent to the affected property owners describing the repairs and estimated costs as well as the time frame for completing the work. Property owners have the option to arrange for a licensed contractor and apply for a no -fee encroachment permit to perform the repairs in accordance with City standards. If the work is not performed within the specified time, the repairs are performed by the City at its cost and a bill is sent to the County Assessor's Office to be collected with the property taxes. How is the area of sidewalk repairs determined? The repair area is selected on a rotation cycle list based on hazard priorities. Staff takes into account the coordination and scheduling of other projects to avoid potential construction conflicts with other contractors. What methods are used to repair sidewalks? All sidewalk lifts require full replacement of the existing sidewalk with the following exception: If the sidewalk lift is one and a half inches or less and in good condition, the �-- sidewalk lifts can be removed by concrete cutting or grinding. However, any damage to the sidewalk as a result of cutting or grinding will require the full replacement of the sidewalk. Can I do the sidewalk replacement and repairs myself? No, property owners are not allowed to perform the repairs due to liability and construction quality concerns. In the past, numerous property owners were required to complete the repairs over several times due to the unfamiliarity with construction practices. Property owners are advised to hire a licensed contractor to perform the repairs. An encroachment permit from the Public Works Department — Engineering Division is required. The permit fees are waived for this work; however a refundable bond in the form of check or cash is required to ensure compliance with City standards. The bond is only utilized in the event that the City has to replace defective work performed by the contractor. The bond amount is $300 in most circumstances. What if the sidewalk replacement and repairs are outside the geographic area identified by the City Sidewalk Program? Staff will inspect damaged sidewalks and/or sidewalk lifts outside of the current geographic area identified for repairs at citizens' requests and on a complaint basis. If a tripping hazard is identified, City crews will expeditiously make a temporary asphalt repair in order to protect the public health and safety. Staff will then notify the respective property owner to perform the necessary permanent sidewalk repair. Does the City perform routine maintenance on sidewalks outside of the City Sidewalk Program area? Yes, City crews will perform temporary asphalt repairs throughout the City prioritized by the severity of the hazard. Will the City remove a tree that is damaging the sidewalk? The Parks Department will determine if a tree is to be removed due to sidewalk damage. In general, it is the Parks Department policy to make every effort to preserve trees. Currently, the City will only remove trees if they are diseased, dead and/or present a public health and safety concern. Who do I contact for answering my questions regarding the program? Property owners with questions regarding sidewalks, repairs and encroachment permits should contact the Public Works Department at sidewaiksaburlingame.org or call (650)558-7242. Property owners with questions specifically pertaining to trees should contact the Parks Department at (650)558-7330. Why doesn't the City pay for sidewalk replacement and repairs? The City can no longer fund the sidewalk replacement as it has in the past due to budget shortfalls as well as economic uncertainty within the State budget, which may adversely affect Burlingame's tax revenues. CITY OF BURLINGAME SIDEWALK PROGRAM The program is designed to repair defective sidewalks to eliminate tripping hazards throughout the City. Geographic areas have been identified and prioritized in the program for repairs based on the amount and severity of potential tripping hazards. A tripping hazard is defined as a sidewalk lift of 1/2 inch or more according to the guidelines from the Americans with Disability Act. In the past, the City has financed an annual sidewalk maintenance and repair program by utilizing City general funds. In light of the current budget shortfall, the City can no longer fund sidewalk replacement in this manner. In January 2004, City Council authorized staff to proceed with a modified sidewalk replacement program in accordance with the Streets and Highways Code which requires the adjoining property owners to repair damaged sidewalks. Many neighboring municipalities have already been requiring property owners to repair sidewalks in accordance with this State Law. What does the Streets and Highways Code say? The Code states that property owners shall maintain adjacent sidewalks in such condition that they will not endanger persons or property and not interfere with the public convenience for its intended use. The Code also provides a notification process which includes identification of the type of work needed and the time frame within which the repairs must be completed. How does the City Sidewalk Program work? An area of the City is annually selected for the sidewalk program on a rotational cycle based on a review of the severity and number of hazards. The sidewalks in the area are carefully inspected to determine the appropriate type of repairs. Markings are then placed on the sidewalks to identify the location and extent of the work. Notices are sent to the affected property owners describing the repairs and estimated costs as well as the time frame for completing the work. Property owners have the option to arrange for a licensed contractor and apply for a no -fee encroachment permit to perform the repairs in accordance with City standards. If the work is not performed within the specified time, the repairs are performed by the City at its cost and a bill is sent to the County Assessor's Office to be collected with the property taxes. How is the area of sidewalk repairs determined? The repair area is selected on a rotation cycle list based on hazard priorities. Staff takes into account the coordination and scheduling of other projects to avoid potential construction conflicts with other contractors. What methods are used to repair sidewalks? All sidewalk lifts require full replacement of the existing sidewalk with the following exception: If the sidewalk lift is one and a half inches or less and in good condition, the sidewalk lifts can be removed by concrete cutting or grinding. However, any damage to the sidewalk as a result of cutting or grinding will require the full replacement of the sidewalk. Can I do the sidewalk replacement and repairs myself? �-- No, property owners are not allowed to perform the repairs due to liability and construction quality concerns. In the past, numerous property owners were required to complete the repairs over several times due to the unfamiliarity with construction practices. Property owners are advised to hire a licensed contractor to perform the repairs. An encroachment permit from the Public Works Department — Engineering Division is required. The permit fees are waived for this work; however a refundable bond in the form of check or cash is required to ensure compliance with City standards. The bond is only utilized in the event that the City has to replace defective work performed by the contractor. The bond amount is $300 in most circumstances. What if the sidewalk replacement and repairs are outside the geographic area identified by the City Sidewalk Program? Staff will inspect damaged sidewalks and/or sidewalk lifts outside of the current geographic area identified for repairs at citizens' requests and on a complaint basis. If a tripping hazard is identified, City crews will expeditiously make a temporary asphalt repair in order to protect the public health and safety. Staff will then notify the respective property owner to perform the necessary permanent sidewalk repair. Does the City perform routine maintenance on sidewalks outside of the City Sidewalk Program area? Yes, City crews will perform temporary asphalt repairs throughout the City prioritized by the severity of the hazard. Will the City remove a tree that is damaging the sidewalk? The Parks Department will determine if a tree is to be removed due to sidewalk damage. In general, it is the Parks Department policy to make every effort to preserve trees. Currently, the City will only remove trees if they are diseased, dead and/or present a public health and safety concern. Who do I contact for answering my questions regarding the program? Property owners with questions regarding sidewalks, repairs and encroachment permits should contact the Public Works Department at sidewalks(aburlingame.org or call (650)558-7242. Property owners with questions specifically pertaining to trees should contact the Parks Department at (650)558-7330. Why doesn't the City pay for sidewalk replacement and repairs? The City can no longer fund the sidewalk replacement as it has in the past due to budget shortfalls as well as economic uncertainty within the State budget, which may adversely affect Burlingame's tax revenues. DATE: May 24, 2004 TO: BURLINGAME BEAUTIFICATION COMMISSION FROM: TIM RICHMOND/STEVE PORTER RE: EVALUATING SIDEWALK DAMAGE —NON ACTION DISCUSSION Council recently passed an ordinance revision giving responsibility to property owners for the repair of sidewalks fronting their property. The previous practice was for the City to fully fund an annual sidewalk repair contract. Under the new arrangement the City will only provide repairs to mitigate immediate hazards. It is possible that in the future the Commission will consider issues/appeals involving sidewalks that have been damaged fully or in part by City Street Trees. At its May meeting the Commission expressed an interest in familiarizing itself with the subject of sidewalk damage. A case study is a good starting point for developing a workable decision making/findings process. The City Arborist recently approved the removal of a Liquidambar City Street Tree at 1369 DeSoto Avenue at the request of the property owner. There is severe sidewalk damage at that location. The City Arborist considered the following elements in arriving at his decision to approve removal (the elements are considerations only and are neither equally weighted nor mutually exclusive): 1. Health of the tree. 2. Species. Is it appropriate to the location and width of planting strip? 3. Can the sidewalk be rerouted to save the tree? 4. Damage caused by roots to: a. Curb/gutter b. Sidewalk c. Driveway 5. Proximity to driveway apron 6. Projected stability of tree after required root pruning 7. Structure of tree (this includes topping by PG&E) 8. Tree's significance to the streetscape on the entire block (neighborhood) At the June 3, 2004 Beautification Commission meeting Arborist Porter will discuss his evaluation process and findings. He will describe his reasoning in concluding that removal would be permitted. The Commission may ask questions of the Arborist regarding his decision making process. The Commission may also wish to discuss how it would approach similar cases that might reach the appeal stage. The Commission may elect to continue the discussion over the course of several meetings. Commissioners are encouraged to visit the site before the meeting. This agenda item is discussion only. No action is required by the Commission. :: ;f;}:. ,�. _ v /� .. ... .. ��` :r:;: ,V _ 'i.. .... � Thursday, December 2, 2004 To: Burlingame Parks and Recreation / Beautification Committee From: Rajappan Balagopal, 1816 Montecito Way, Burlingame, CA 94010 Re: Developing a Long View Ordinance in Burlingame Dear Committee: Please take a long and hard look at developing a balanced and fair view ordinance in Burlingame that would benefit our City. A number of progressive California citiest`Ag., Sausalito, Tiburon, Ranchos Palos Verdes, El Cerrito, Del Mar, Santa Barbara, and Solana Beach) already have view ordinances; and many other cities — e.g., Beverly Hills, Los Altos Hills, etc. — are also investigating this as I found out through a quick search on the internet. I have enclosed the following documents in support of this: 1. A letter with original signatures from —13 concerned residents in Mills Estates & Burlingame Hills, along with copies of photographs printed from their homes which illustrate the issue with not having a view ordinance. 2. Copies of view ordinances from the cities mentioned above that may perhaps be be useful to the Committee in making a determination as to (a) whether Burlingame would benefit overall from a view ordinance; and (b) what sort of view ordinance is appropriate for Burlingame. I am not proposing we adopt anything specific here — I entrust that to your careful and considered judgment after reviewing all sides of this proposal in a fair and reasonable manner. If you have any questions or need additional information, please do not hesitate to contact me. Thank you for taking the time to review this. Sin Rafapp$h "BG" Balagopal 1816 Montecito Way, Burlingame, CA 94010 Tel: 650-697-0223 Email: bgbalagopal@gmail.com Enclosures. November 13, 2004 To: Burlingame Parks and Recreation / Beautification Committee From: Burlingame Property Owners Re: Long View Ordinance Dear Committee: Burlingame is a beautiful place to live in, and for those of us who live up in the hills another thing that enhances our living experience is the long view of the Bay, City lights, Oakland, Hayward.... The view also provides a boost to overall property values in our City. We request the committee to take a serious look at the adoption of a "long view ordinance" and develop a fair and reasonable policy for the beautification of Burlingame and maintenance/uplift of our property values by providing a fair balance between protection of trees and responsible and mandatory pruning/trimming for both private and public -owned trees. We believe there is an equitable balance between, the growth of public and private trees -- that in the long run hides the long view of the Bay -- and indiscriminate deforestation that destroys beauty and creates dangerous living conditions on hillsides which may no longer protected by tree roots from erosion. Below is a signature collection from few concerned residents in Burlingame Hills and Mills Estate neighborhoods.... we are sure that that we could easily get many, many more if needed... thank you for taking the time to review this matter. Sincerely Various Property Owners in Mills Estates and Burlingame Hills: Name: A� MPRAI /,%4 ddress: /gw //0/✓rC/?0- AW Name: /�4/ �,�/�%� Address: �K Name: A l.L'-tj L � Address: C 1' "i1%L _29FAMM'A= Name:�L��6 KETrrc Y Name: Name: Name: M //_- / Name: f ( / /m/ //I /1/ Na� is m 724l. e0 r 0Lrk_0U IR&dress zw 7• L,9 nGi W IW4 d7or ItAZOOSA �-Z4 r nR �7Vo No ."N OR -*N FRO \ 1� t �t ,'. 7`; h i✓ a' �_ -,; Lqq-mj --N '-IN NF a*s y s _ 7V7 .r ,%, "I%k