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.
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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.
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Chairperson Locke thanked Attorney Anderson for his helpful comments.
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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
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