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HomeMy WebLinkAboutMin - BC - 2000.02.03`-- BURLINGAME BEAUTIFICATION COMMISSION FEBRUARY 3, 2000 The regularly scheduled meeting of the Beautification Commission was called to order at 5:30 p.m. by Chairperson Locke. ROLL CALL Present: Chairperson Locke, Commissioners Ellis, Hesselgren, Lauder, McGowan, Rossi, and Webb Staff: Park Superintendent Richmond, Parks & Recreation Director Williams, City Arborist Porter, Administrative Secretary Harvey, and City Attorney Anderson MINUTES - The minutes of the January 6, 2000 meeting were approved as submitted. CORRESPONDENCE Letter(s) from Mayor O'Mahony to Jeannie Gilmore -Friend and Elizabeth Ward (for Bill) expressing the City Council's appreciation for their dedicated service on the Beautification Commission. Letter from Superintendent Richmond to Jeannie Gilmore -Friend thanking her for 15 years of dedicated service on the Beautification Commission. Letter from Superintendent Richmond to the Commission suggesting a possible location and suitable tree specie for a tree planting in memory of Bill Ward. Memo from Attorney Anderson to Commission re: Asserted Liability of City for Denial of Tree Removal. Memo from Supervisor Disco to the Commission regarding the Hillside Cr./Alvarado renovation project. FROM THE FLOOR There were no comments from the floor. Chairperson Locke suggested that since Attorney Anderson was present, Item B under New Business be discussed at this time. There were no objections. NEW BUSINESS Commission's Role in the Appeal Process - Chairperson Locke stated that Commissioner Rossi asked that the City Attorney comment on statements with regard to City liability in the letter from Mr. and Mrs. Milliken, 1850 Sequoia Avenue, regarding the Commission's denial of their appeal to remove a Brazilian Pepper tree on their property. M NEW BUSINESS - Commission's Role in the Appeal Process (Cont'd.� - Attorney Anderson addressed the Commission and noted that on these appeals the Commission is in the middle; the Commission's decision is not the final say. The applicant can appeal to the Council and then challenge the Council's decision in Superior Court. The applicant can also resubmit a permit application later and go through the process again. Responding to the Commissioners questions, Attorney Anderson further clarified Staff and Commission's role with regard to Public and Private trees and the appeal process: 1) Public trees have a different level of liability; any damages caused by public trees are handled by a claims process. The City of Burlingame is self -insured. There is no outside insurance company that handles claims. The Staff takes the advocacy position to protect public trees because the trees are City property and represent an asset to the City. 2) Private trees of a certain size cannot be removed unless there are justifiable reasons for removal; Staff does not take the advocacy position but the burden shifts to the property owner to produce the proof, e.g. an arborist report, stating justifiable reasons for removing the tree, etc.. 3) The Commission does not take the position of the expert but considers Staff recommendations. With regard to liability questions, if expertise is required to demonstrate present or future damage to the property, the owner can retain a private certified arborist or other professional to prove justification for the removal. 4) If a property owner violates the ordinance and removes a protected tree, the City would need to decide if Civil charges are filed or if there would be monetary penalties charged to the property owner. 5) In most cases, the Commission should avoid negotiating with the applicant. Anderson advised that if the Commission is feeling uncomfortable, take a break, and then return to the item. 6) Any motion needs to state the conditions that brought about the Commission's decision. Council reads the minutes and needs to know how the decision was formed in the event the applicant pursues the appeal process to Council. 7) Staff can make some recommendations to property owners to help resolve private tree issues, but property owners should be encouraged to obtain an arborist's report. 8) The Commission should try to keep a reasonable balance with regard to their decisions about trees that are causing damage to walkways as opposed to those that are causing damage to a house's foundation. 9) Finally, the Commission should keep in mind that preserving trees is a mandate of the City of Burlingame. Director Williams asked Attorney Anderson to explain the City's relationship with other agencies with regard to trees. Attorney Anderson stated that CalTrans is a co -equal agency and can decide what they want to do with regard to Burlingame trees on CalTrans property (i.e. El Camino Real), but the City, it's citizens, and it's Commissions can have some influence. The City has a working relationship with the City and County of San Francisco with regards to trees on California Drive, North of Burlingame Train Station. Recent litigation involving a fallen tree and an injured party, led the City and County of San Francisco to maintain trees in their jurisdiction along California Drive, that had not been maintained for 20 years. "1 Chairperson Locke thanked Attorney Anderson for his helpful comments. 2 NEW BUSINESS - Commission's Role in the Anneal Process (Contd.) - Attorney Anderson submitted the Brawn Act for the Commissions review. He noted that the two most important things to remember are: 1) That the Commission stay to the posted agenda and, 2) If there are more than three Commissioners gathered together in any one place, Commissioners must avoid talking about Beautification Commission business. OLD BUSINESS CalTrans `Adopt -a -Highway' Program/Triangle Area Off Southbound 101 k Broadway - Chairperson Locke stated Commissioner Lauder has made further contact with CalTrans regarding the Adopt -a -Highway program. Commissioner Lauder reported that she was put in touch with Herman Ramirez, Maintenance Manager. He informed Commissioner Lauder that the area of interest is not scheduled for maintenance for a couple of years. Mr. Ramirez indicated that individuals can do some maintenance in the area but would be required to apply for a Letter of Consent from CalTrans. Mr. Ramirez told Commissioner Lauder that he would be willing to attend a Commission meeting to discuss the item with the Commission but that he would need a letter inviting him and stating the particular questions the Commission has about the area. After a brief discussion, the Commission asked Commissioner Lauder to send a letter to Mr. Ramirez inviting him to the March 2nd Commission meeting to address the following questions: 1) How long is the expected length of the commitment? 2) Does CalTrans maintain the area? How often? 3) Is CalTrans now moving into performing more routine maintenance? `-' 4) What are the liabilities involved? Will individuals be required to wear safety equipment, i.e. vests, etc.? Commissioner Webb wondered if the pedestrian pathway to the Broadway overpass might be included? Director Williams stated that to his knowledge, CalTrans does not even have that project on their schedule, but that the Public Works Department would have more information on that. Commissioner Lauder will send the letter and invite Mr. Ramirez to the March 2, 2000 meeting. Memorial Tree Planting - Superintendent Richmond referred the Commission to his memo regarding planting a tree in Heritage Park in memory of the late Beautification Commissioner, Bill Ward. Commissioner Lauder stated Heritage Park is a nice location and is also very close to the Ward's place of residence. Commissioner McGowan thought the `Yoshino' Cherry tree would be a nice tree specie to plant. Following the discussion, Commissioner McGowan said he would contact Betty Ward to arrange for a date and a time that she and family and friends might be available for a brief tree planting ceremony. Commissioner McGowan will report back to the Commission at the March meeting. OLD BUSINESS - (Cont'd.) Arbor Day - March 7/Spring Garden Seminar - March 11- Superintendent Richmond stated that there are plenty of planting sites available at Laguna Park for the Arbor Day planting. The schools --1 and City Officials have been notified of the upcoming ceremonies. Superintendent Richmond reported that the flyers for the Seminar are available for distribution. He confirmed that the Parks office has been in contact with the speaker, John Chiapelone, and that Chairperson Locke would introduce the speaker at the beginning of the Seminar. NEW BUSINESS - Review of Street Tree and Private Tree Ordinances - Chairperson Locke asked the Commission if they had any comments or questions with regard to the two ordinances? There being no questions or comments, Chairperson Locke noted, for the new Commissioners information, that the Urban Reforestation Ordinance had been recently revised. REPORTS Richmond - 1) The tree crew is currently pruning the Sycamores in the Vancouver Avenue area. 2) The Joint Powers Board had the Eucalyptus trees trimmed in their 25' jurisdiction along the railroad tracks from North Lane to North of Oak Grove. 3) Ben Caldwell will receive a CPRS award for the design and installation of the Japanese style garden in the atrium at the Recreation Center. 4) Superintendent Schwartz from the Recreation Division has posted removal notices on the newsracks on Broadway making way for the beginning phase of the streetscape project. 5) Staff will be meeting with the landscape architect next week to discuss the California Drive Street Tree Planting project. Webb - Commissioner Webb suggested that the Commission discuss cleaning up along the East side of California Drive, North of Oak Grove and perhaps make some recommendations. The Commission agreed to put the item on the March 2nd Agenda. McGowan - Commissioner McGowan stated that he noticed that the tree planting near the Bart Tailtracks are going to be deciduous trees and noted that they will not provide a "screed' in the Fall. Director Williams stated the trees will provide color in the area but that the planting of a 6-8' landscaped hedge will provide the usual screening. There being no further business, the meeting was adjourned by Chairperson Locke at 7:00 p.m. submitted, Karlene Harvey Recording Secretary m