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City Council Minutes July 13, 1998 |
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City Council Minutes July 13, 1998 |
CITY COUNCIL
CITY COUNCIL CHAMBER
REGULAR MEETING
JULY 13, 1998
CALL TO ORDER - 7:32 p.m., Mayor Howard presiding
ROLL CALL
Council Members Present: Bain, Hartnett (8:40 p.m. arrival), Ira, Leipzig, Ruskin and Mayor Howard
Council Members Absent: Claire
Staff Present: City Manager Everett, City Attorney Schricker, City Clerk Jorgenson, Library Director Chen, Human Resources Director Rivera-Pena, Community Development Services Director Nelson, Engineering and Construction Manager Patterson, Traffic Engineer Haygood, Traffic Consultant Smith, Redevelopment and Planning Manager Church, Senior Planner Passanisi, Assistant Planner Bonte, Public Works Services Director Ingram, Parks and Community Services Supervisor Centeno, and Council Volunteer Balsamo
PLEDGE OF ALLEGIANCE – Vice Mayor Ruskin
INVOCATION: A moment of silence was observed.
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1. SPECIAL ORDERS OF THE DAY (207)
Mayor Howard welcomed the eight members of the Soroptimists of Redwood City who came to accept the Proclamation. She thanked the Soroptimists for their outstanding community service and for always being such a positive and proactive force in Redwood City, always participating in community events and raising hundreds of thousands of dollars over the years for local individuals and groups.
Mayor Howard read the Proclamation and presented it to Soroptimist President Judy Lewis and Members Bonnie Miller, Ana Fraher, Alice Parcell, Sue Keely, Mary Jo Murphy, Poppie Rodriguez and Cherise Tomas.
They received a warm round of applause.
MEMO 7/14/98
Mayor Howard welcomed Bob Hoffman, Chair of the Aqua Terra Committee, and Douglas Wood, proprietor of the South Bay Boat Works.
Mr. Hoffman described the efforts of the Aqua Terra Committee in cleaning-up Redwood City’s waterways, and Mr. Wood’s outstanding commitment and use of his company’s resources to remove debris and dangerous objects from Steinberger Creek. Mr. Hoffman showed overheads of newspaper pictures illustrating some of the derelict boats and other debris that had caused so many problems in the City’s waterways, and had recently been removed.
Mayor Howard read the Proclamation and presented it to Mr. Wood, who thanked the Council and introduced his wife and daughter. Mr. Wood specifically thanked Mayor Howard, Bob Hoffman, the members of the Aqua Terra Committee, the City’s Pride and Beautification Committee, the Public Works Services Department, and the tremendous help of John Harp of the Police Department. He said, "Having the City on our side made it possible for me to do what I did. We appreciate the help."
They all received a warm round of applause.
MEMO 7/14/98
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2. ORAL COMMUNICATIONS (203)
MEMO 7/14/98
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3. CONSENT CALENDAR
M/S: RUSKIN/IRA WAIVE READING OF THE CONSENT CALENDAR, ADOPT THE RESOLUTIONS AND APPROVE OTHER ITEMS.
In response to Council Member Ira’s questions regarding Item 3.B., hiring a Librarian at Step 2 in the salary range, City Manager Everett explained that the new employee understood that the proposed entry level salary at Step 2 was a recommendation of staff and subject to Council approval. City Attorney Schricker described the City’s Personnel Ordinance and established salary ranges. He said when an applicant meets criteria above the initial step, then an offer can be made contingent upon Council’s approval. (905)
MEMO 7/14/98
In response to Council Member Ira’s questions regarding Item 3.D., City Manager Everett advised that the proposed Resolution would correct a previously made incorrect calculation, and bring the entire range into compliance with the City Ordinance. (905)
MEMO 7/14/98
In response to Council Member Ira’s questions regarding Item 3.C., City Manager Everett advised that the proposed salary increases for Library Pages would allow the City to be more competitive in that market and in line with the surrounding Cities, and is included in the proposed FY 1998-99 Budget. (905)
MEMO 7/14/98
In response to Council Member Leipzig’s questions regarding Item 3.F., the federally mandated NPDES program discussed by Mr. Hughes, City Manager Everett said the majority of the 21 agencies in the County have authorized the County to collect fees on their behalf. (802)
In response to Vice Mayor Ruskin’s comments about the City’s obligation to pay these fees and the County’s discount, City Manager Everett said the City was required by federal law to be part of the County program and to pay its costs. He concurred that the only option the City really had was how to pay the City’s share of the County program.
Public Works Services Director Ingram said that if Option 3, listed in the Staff Report, was approved, it would require the City to pay for its share of the County program out of the Public Works Services operating budget. He said the proposed amount was not an increase and had been in effect for many years at the same level, $3.44 per parcel per year. City Manager Everett advised that Redwood City was one of the few cities in the program that "did not collect the huge portion of the remainder of the fees to do all the things that Redwood City has to do as part of the NPDES federal regs. Most of the Cities did pass that on to their citizens." He said that the City fulfilled those requirements, which amounted to about $430,000 plus, by adjusting its operating budgets, and therefore did not pass the cost on to anybody.
In response to Council Member Leipzig’s questions regarding the legal requirements of the Clean Water Act, City Attorney Schricker said that the NPDES program implemented the Clean Water Act and its 1997 amendments. He described the federal laws that mandated clean sanitary sewerage treatment discharge, and the amendments that added clean water run-off, which required cities to address the problem of pollutants in storm water run-off. City Attorney Schricker said that if the City did not comply with these federal laws it would be subject to "hundreds of thousands of dollars of fines on a daily basis which would be imposed by the Regional Water Quality Control Board." He said the City’s options were limited.
MEMO 7/14/98
Council Member Ira asked staff to provide more information on Warrants 14176 and 14288. (205)
MEMO 7/14/98
CONSENT CALENDAR ADOPTED BY UNANIMOUS ROLL CALL VOTE OF MEMBERS PRESENT (5) WITH THE EXCEPTION OF ITEM 3.F. WHICH FAILED BY THE FOLLOWING VOTE:
AYES: VICE MAYOR RUSKIN AND MAYOR HOWARD
NOES: COUNCIL MEMBERS BAIN, IRA AND LEIPZIG
City Manager Everett advised that staff would work with the Council to determine how the proposed FY 1998-99 Budget will be revised to include the additional NPDES fees. Mayor Howard asked for a report on the impacts of the vote. (802)
MEMO 7/14/98
A. Approved the Minutes of the July 6, 1998 Adjourned Regular Meeting and Budget Study Session as submitted;
MINUTE ORDER NO. 98-184
MINUTE ORDER NO. 98-185
C. RESOLUTION NO. 13382 AMENDING EXHIBIT A OF RESOLUTION NO. 11669 ESTABLISHING SALARY SCHEDULE FOR CERTAIN DESIGNATED SEASONAL, PART-TIME, TEMPORARY, CASUAL, FUNDED, TRAINEE AND CONTRACTUAL POSITIONS OF EMPLOYMENT WITH THE CITY OF REDWOOD CITY BY AMENDING THE SALARY SCHEDULE FOR THE POSITIONS OF LIBRARY PAGE AND SENIOR LIBRARY PAGE; (905)
D. RESOLUTION NO. 13383 AMENDING SECTION 1 AND EXHIBIT A OF RESOLUTION NO. 12622 RELATING TO THE SALARY AND WAGE PLAN FOR EMPLOYEE CLASSIFICATIONS REPRESENTED BY THE REDWOOD CITY MANAGEMENT EMPLOYEES ASSOCIATION BY ADDING THE POSITION OF COMMUNITY DEVELOPMENT SERVICES SUPERVISOR, PROVIDING FOR THE SALARY FOR SAID POSITION, AND DELETING THE POSITIONS OF ECONOMIC DEVELOPMENT COORDINATOR AND HOUSING COORDINATOR; AND RESCINDING RESOLUTION NO. 13342; (905)
E. RESOLUTION NO. 13384 APPROVING CONTRACT DOCUMENTS FOR SPEED HUMP INSTALLATION 1998-99; AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR; (304)
APPROVED
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4. WRITTEN COMMUNICATIONS
None
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5. BOARDS, COMMISSION AND COMMITTEE REPORTS
None
6. PUBLIC HEARINGS
Location – 209 Redwood Shores Parkway, "CP" (Commercial Park District) and "PO" (Professional Office District.) APN 095-481-(010, 020, 030, 090, 100.)
Affidavit of Publication of Notice of Public Hearing on file in the Planning Division.
REPORT: Principal Planner Tom Passanisi, July 13, 1998
Principal Planner Passanisi presented the Staff Report. Using overheads he described the proposed Second Amendment to the existing Development Agreement and the Partial Assignment to the new owners who were purchasing a portion of the property. Planner Passanisi advised that the Second Amendment would include some of the proposed building sites moved about 100 feet to the south and the subsequent lot line adjustments. He advised that the Plan would still conform to the map and square footage, type and parking requirements outlined in the approved Planned Development Permit.
Principal Planner Passanisi said that both the City’s Architectural Review Board and Planning Commission had approved the relocation of the buildings. He said that part of the Second Amendment would include guaranteed sewer capacity up to 885,000 square feet of office space and the sale of additional capacity at a set rate of $2.50 per gallon per day, consistent with the existing agreement. Planner Passanisi described the request to add a "default position", and appropriate effective date. He also advised that dates in the Ordinance distributed in the Agenda Packet would be revised to reflect the approval date of the First Amendment as April 6 and recorded on April 15, 1998.
Principal Planner Passanisi summarized the proposals to the Development Agreement: a change in the Exhibits, guarantee of sewer capacity, adding a default position, and establishing an effective date. He showed an overhead that outlined the old and the proposed building sites.
Principal Planner Passanisi described Item. 6.B, the Resolution that would authorize the proposed Partial Assignment for the same Project. He said the new owners were not asking to change the previously approved Planned Development Permit and would comply with the approved square footage, parking, height and other requirements in the Development Agreement. Planner Passanisi described the process that would eventually approve the Project including approvals by the Architectural Advisory Board and the Planning Commission.
In response to Mayor Howard’s comments, Planner Passanisi concurred that the Architectural Advisory Board and the Planning Commission believed that the proposed alignment was actually a better design for the Campus.
2. Open public hearing;
Mayor Howard declared the public hearing open at 8:09 p.m.
3. Hear public comments;
The following people spoke in support of the proposed Second Amendment and the Partial Assignment, and complimented the parties involved and City staff for the positive process and result:
Michael Gibson, spoke on behalf of the Boards of the Redwood Shores Architectural Review Committee and the Redwood Shores Business Center Association;
James Healy, spoke on behalf of Electronic Arts, Flatirons Funding, and introduced the project architect. Mr. Healy also described Electronic Arts wholehearted support of a Traffic District and the letter that EA’s President wrote to the Redwood Shores Homeowners Association advising that EA had already set funds aside for active participation in that effort;
Carol Ford, spoke on behalf of the San Carlos Airport Pilots Association and the Redwood Shores Homeowners Association. Mrs. Ford also thanked EA’s Mr. Healy and Jackie Speier for working with the Pilots Association;
Scott Mace, representing the Mid-Peninsula Bicycle Coalition, described proposed legislation providing millions of dollars for alternative transportation means, and asked the City and the proposed Traffic District to consider applying for those funds to include safe ways for bicycles to cross Highway 101 at the Electronic Arts area and others.
In response to Mayor Howard’s comments, City Manager Everett said there were major problems with vehicular access and millions were being spent for traffic improvements. He said bicycle traffic had not been a major consideration up to this point, and advised that the Highway Interchange Mr. Mace referred to is in San Carlos.
MEMO 7/14/98
Mayor Howard advised that there were monies available through C/CAG to promote bicycle lanes and asked that staff look into that program.
MEMO 7/14/98
4) Close public hearing;
M/S: IRA/RUSKIN TO CLOSE THE PUBLIC HEARING.
CARRIED BY UNANIMOUS VOICE VOTE AND HEARING ADJOURNED AT 8:19 P.M.
MINUTE ORDER NO. 98-186
5) Council action;
Mayor Howard thanked City Staff, Electronic Arts, Redwood Shores Homeowners Association, and the San Carlos Pilots Association for sitting down and working out a "win-win" situation.
a) INTRODUCTION OF ORDINANCE - FIRST READING
M/S: RUSKIN/IRA. TITLE READ.
ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND FLATIRONS FUNDING, LIMITED PARTNERSHIP, AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO (FLATIRONS FUNDING);
CARRIED BY UNANIMOUS VOICE VOTE OF MEMBERS PRESENT (5)
MINUTE ORDER NO. 98-187
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B. FLATIRONS FUNDING, LIMITED PARTNERSHIP/ELECTRONIC ARTS REDWOOD, INC. Partial Assignment of Development Agreement and Permits; (100)
REPORT: Principal Planner Tom Passanisi, July 13, 1998 (Presented as part of 6.A.above.)
M/S: RUSKIN/IRA. TITLE READ.
RESOLUTION NO. 13385 APPROVING ASSIGNMENT AND ASSUMPTION OF AMENDED DEVELOPMENT AGREEMENT (FLATIRONS FUNDING);
ADOPTED BY UNANIMOUS ROLL CALL VOTE OF MEMBERS PRESENT (5)
7. MATTERS OF COUNCIL INTEREST (203)
A. Council Member Leipzig noted that recently CalTrans had cleaned-up a portion of the Woodside Road overpass from Middlefield to Union Cemetery, and said it was a long time coming. He asked that staff check into CalTrans landscaping plans for this and other areas in the City, and said he hoped CalTrans didn’t plan to leave sprinkler heads sticking up out of the dirt. He said that if CalTrans had no further plans, he would again ask that the City "just go and do it." He asked for a report on this matter.
MEMO 7/14/98
Mayor Howard reported that she had talked to Dave Stuart, also a member of the City/County/School Committee, who had concurred on the proposed concept and timelines. Vice Mayor Ruskin said the proposal would come to the full Council at the July 27, 1998 Council Meeting.
MEMO 7/14/98
MEMO 7/14/98
Mayor Howard said she and her husband, Dr. Howard, were very happy to participate in the Relay and thanked The Heavy Breathers: Michael and Gayle Church, Debbie Matsuura, Vice Mayor Ruskin, Michael Sheena, Michael and Ann Marie Cady, Pat Valentine, Anna Trachtenburg, and Mary Jean Robles. Mayor Howard said that the candlelit Luminary Celebration for those who had survived cancer, as well as to mourn those who had not, was a very moving tribute. She urged everyone to participate next year in this very important fund raising experience.
MEMO 7/14/98
E. Mayor Howard reported that the annual Henley California Rowing Regata was held in the Redwood Shores Lagoon over this past weekend with over 600 participants. She said the participants were highly trained, awesome athletes training for the World Cup and the Olympics. Mayor Howard said the sponsors of the event told her that the Redwood Shores locality was one of the finest places in the country, if not the world, to train for this type of rowing event.
MEMO 7/14/98
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8. STAFF REPORTS
A. Approve Adjustment to a Parking Easement and Reconfigure the Parking Reservation to Accommodate Revised Commercial Use at 2150 Roosevelt Avenue; (606)
REPORT: Project Planner Gary Bonte, July 13, 1998
Project Planner Bonte presented the staff report and provided an enhanced map of the site. He explained that the subject easement had been approved in the 1950’s for parking only. Planner Bonte said an adjustment of the parking easement was being requested by the developer of the site who was building a new store, Rite Aid, and who wanted to use part of that particular easement for a new garden center and shift some of the parking to the eastern side of the new building. He said the new building would be somewhat smaller than the old building. Project Planner Bonte said that the existing parking provided for 114 parking spaces, and the proposed reconfiguration would provide for 112 parking spaces, more than enough parking to meet City requirements.
In response to Council Member Leipzig’s questions, Planner Bonte said 89 spaces were required and 112 spaces would be provided; which is a loss of only two parking spaces, mostly due to additional landscaping.
M/S: LEIPZIG/RUSKIN. TITLE READ.
RESOLUTION NO. 13386 CONSENTING TO MODIFICATION OF RESERVATION FOR VEHICULAR PARKING AFFECTING CERTAIN HEREIN DESCRIBED REAL PROPERTY PURSUANT TO DECLARATION OF RESTRICTIONS AND COVENANTS RELATING TO A PORTION OF THAT REAL PROPERTY COMMONLY REFERRED TO AS 2150 ROOSEVELT AVENUE, REDWOOD CITY;
ADOPTED BY UNANIMOUS ROLL CALL VOTE OF MEMBERS PRESENT (5)
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B. INTRODUCE ORDINANCE AND ADOPT RESOLUTION - QUARTERLY TRAFFIC RECOMMENDATIONS - Council Review of Staff's New Computerized Database System for Tracking and Processing Traffic Requests, and Reports concerning Warwick Street, and Fernside-Massachusetts-Woodside; (701)
REPORT: Traffic Engineer Haygood, July 13, 1998
Traffic Engineer Haygood introduced City Traffic Consultant Dan Smith, presented the Staff Report and described the Quarterly Traffic Request System Report (on file in the Traffic Engineer’s Office.) Engineer Haygood said there was quite a backlog of requests, and they were being acted upon in a systematic and efficient manner. He described the criteria for requests that would be brought to the Council for consideration, and the internal traffic committee, which included representatives from the Public Works Services Department, the Fire Department and the Police Department.
Vice Mayor Ruskin said he wanted to publicly compliment Traffic Engineer Haygood for the way he was communicating with the residents. He said the Council was striving to improve communications with the community, "and I really feel you have done an excellent job… Your letters are easy to understand, clear and concise."
In response to Vice Mayor Ruskin’s questions regarding a fence and vegetation at a house on Warwick Street (Page 8.B.-4 in the Agenda packet), Consultant Smith said the situation appeared to be a technical violation of the Code for relatively good reasons. Mr. Smith said the fence was designed to keep people from "hopping into the Creek at that location." He said that staff had recommended to the property owners that since the fence blocked their own sight line to oncoming traffic, that they replace the fence with a view-permeable one and shorter vegetation. He said this situation was a delicate area, involving "need versus Code." Vice Mayor Ruskin said the new owners would actually be helping their own problems with driveway ingress and egress if the fence and vegetation were modified.
In response to Vice Mayor Ruskin’s questions regarding Fernside-Massachusetts and Woodside, Consultant Smith said that the City of Woodside has committed to working with the City to remove the weeds in that area. Answering further questions, Consultant Smith said that the City would monitor the proposed Speed Awareness Program, the proposed posted intersection and warning signs, and would follow up with appropriate recommendations if those measures did not accomplish the required goals.
In response to Council Member Bain’s questions regarding the corner of Redwood Avenue and Virginia, Consultant Smith said that the intersection met the warrants for a four-way stop sign. He said, however, that staff wanted to present that entire issue, including traffic on Valota, to the Roosevelt Neighborhood Association as a balanced response to the conflicting requests to reduce traffic on Virginia. He said that was the only reason that staff was not recommending a stop sign at Redwood and Virginia at this time.
Traffic Engineer Haygood said he had talked to one of the neighbors in that area and he agreed that the impact on surrounding streets should be considered, and he did not have a problem waiting for the presentation at the Roosevelt Neighborhood Association Meeting.
In response to Council Member Leipzig’s comments regarding a neighborhood poll on the traffic at Warwick and Finger, Consultant Smith advised that no polling had been done. He said that the problem as it was proposed to staff, was too much traffic going too fast. He said as they had studied the area, it had seemed obvious to them, that "this imbalanced control was somewhat strange, and could cause driver confusion, and we thought it might help to some limited degree to ameliorate the other concerns that we had originally been investigating. So we thought (installing a stop sign on the southbound approach of Warwick Street) was just a sensible manner of balanced traffic control that warranted going forward and not really something that should be a neighborhood popularity issue."
Council Member Leipzig said he believed that this long time problem would benefit from neighborhood input.
MEMO 7/14/98
(Council Member Hartnett joined the Council Meeting at this time, 8:40 p.m.)
In response to Vice Mayor Ruskin’s questions regarding a stop sign on Warwick, Traffic Engineer Haygood said that staff was recommending a third stop sign at the three-way intersection on Warwick to balance the traffic approaches.
Vice Mayor Ruskin suggested that polling the neighbors might be beneficial to staff and Consultant Smith agreed that it could be done.
CONSENSUS: It was determined by Mayor Howard that it was the consensus of the Council to conduct a small poll of the neighbors in the Warwick Street area regarding traffic concerns at the Warwick three-way intersection and bring the Report back to Council before any action was taken.
MINUTE ORDER NO. 98-188
City Manager Everett said that the City’s traffic experts see this situation as a safety issue, and the public might say they like it that way, but, "I think there are times when you need to balance what does the public want, and what is safe."
MEMO 7/14/98
In response to Council Member Ira’s comments on the traffic speed on Warwick between San Carlos and Redwood City and the impact of stop signs, Consultant Smith said staff was recommending the installation of a stop sign on Warwick facing traffic coming into Redwood City from San Carlos, but stop signs were not speed control devices. Traffic Engineer Haygood agreed and said a stop sign might significantly slow down traffic, but only for about 200 feet in each direction of the stop sign.
Council Member Bain recommended that in the future, staff notify the neighbors in the subject area whenever traffic issues are to be considered by the Council. Mayor Howard suggested notifying the Neighborhood Association.
MEMO 7/14/98
In response to Mayor Howard’s questions regarding the inconsistent speed limits on Edgewood Road listed in the Staff Report, Traffic Engineer Haygood said the proposed Ordinance included two "housekeeping" matters, changing Marine World Parkway to Marine Parkway and listing the correct speed limit on Edgewood Road as 25 MPH by deleting Section 20.44, Item K. City Attorney Schricker advised that change would be made in the proposed Ordinance.
MEMO 7/14/98
In response to Mayor Howard’s questions regarding the 30 MPH speed on Hoover Street between Second and Marsh, City Attorney Schricker said that that item as well as the others listed, were currently established by Ordinance. He said the only changes being proposed at this time were the Fernside Street limit, a substantive change, and the inconsistency on Edgewood Road already discussed. He said that if the Council wished to address the speed limit on Hoover, it should be referred to staff and brought back to Council at a later date.
MEMO 7/14/98
Mayor Howard advised that staff was planning to work with the Hoover Neighborhood on how best to slow down traffic in that area. She complimented Traffic Engineer Haygood on his report, how he had been working with the community, and how he had been so quickly and efficiently working on the traffic request backlog.
MEMO 7/14/98
Mayor Howard asked if anyone wished to speak to this issue.
Janet Borgens, 18 Yarnell Place, off Hoover Street, said the posted 25 MPH signs she sees in her neighborhood are still too fast for that neighborhood. Mrs. Borgens said there are many, many children in that area and they do play in the street. She said the on-street parking make adequate visibility extremely difficult, and asked the Council to include any and all traffic mitigations possible to slow down traffic in that neighborhood.
City Manager Everett said there might be a school crossing 25 MPH sign posted, and staff would check to see what actual speed limits signs are posted. Traffic Engineer Haygood said that Hoover is posted at 25 MPH currently, and he was sure that previous surveys supported that speed limit, but for some reason it had not been included in the previous Ordinance. City Attorney Schricker said, "that the Ordinance should be brought into conformance with what is obviously the posted speed limit." He said he didn’t know what further actions by staff were needed to recommend this change, "in other words, do we have it right?… If the description is correct and the speed is incorrect, you could legally change it to conform."
MEMO 7/14/98
Council Member Leipzig suggested that this matter be brought back to Council at the next meeting or when it is convenient. He asked that staff check these speed limits and report back to Council.
City Manager Everett advised it would be helpful to schedule this item for the Consent Calendar on July 27, 1998 as that Meeting already had a very heavy agenda.
MEMO 7/14/98
1) Action on the proposed Resolution was delayed until the July 27, 1998 Council Meeting at which time the results of the poll on the three-way intersection on Warwick will be presented in a Staff Report on the Consent Calendar. (See above Minute Order No. 98-188.)
MEMO 7/14/98
2) INTRODUCTION OF ORDINANCE - FIRST READING.
M/S: IRA/LEIPZIG. TITLE READ (WITH THE REVISION TO STRIKE SUBDIVISION K AND RELETTER THE SUBSEQUENT SUBDIVISIONS)
ORDINANCE AMENDING SECTIONS 20.44, 20.45 AND 20.45.1 OF THE CODE OF THE CITY OF REDWOOD CITY TO REVISE THE PRIMA FACIE SPEED LIMIT ON A PORTION OF FERNSIDE STREET AND TO REFLECT THE STREET NAME CHANGE TO MARINE PARKWAY, RESPECTIVELY;
APPROVED FOR FIRST READING BY UNANIMOUS ROLL CALL VOTE OF MEMBERS PRESENT (6)
MINUTE ORDER NO. 98-189
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C. California Marina Condominiums: Approve the Final Map; accept the dedications of easements; and adopt a resolution approving and authorizing execution of the Subdivision Agreement. (46-unit Condominiums located on the northwesterly side of Bair Island Road.) (304)
REPORT: Associate Planner Riordan, July 13, 1998
Planning and Redevelopment Executive Director Church presented the Staff Report requesting Council approval of a Final Map, acceptance of dedication of easements and approving the Subdivision Agreement. He said the Traffic Agreement portion of the Project was scheduled for the Council Meeting of July 27, 1998, and the Developer had agreed to the traffic mitigations outlined in that Traffic Agreement.
In response to Council Member Leipzig’s comments regarding an avigation easement, Director Church said the issue of disclosure on the deeds had been a condition of approval, and would make purchasers aware that the subject property was within the San Carlos Airport Impact Zone, but that did not include an avigation easement.
City Attorney Schricker said, "An easement was not granted, but as a result of the debate that occurred regarding the initial stages of this development, the Airport Land Use Committee did implement a Master Plan or an ALUC Plan as an overlay, which we take into consideration and presumably conforms with that." Director Church said that an easement was not a condition of the Negative Declaration.
In response to Council Member Leipzig’s questions as to whether such an easement could be placed on the Development, Director Church said the Council, at this point, was only considering the Final Map, and conditions could not be added.
City Attorney Schricker said any easement would be to the beneficiaries of the easement, which would be the County or parties other than the City, and there were difficulties in enforcing such easements. He added, "That as far as attaching a condition to the approval, that goes back to the debate that occurred a few years ago…. That was to be resolved by conformance to the Airport Land Use Plan in that area." City Attorney Schricker said, "I was just reminded, that this is a Final Map, and the Council does not have the authority to attach a condition to a Final Map. It is a ministerial act, basically to assure that this Map conforms to the Tentative Map."
Council Member Leipzig said he served on a couple of Airport Committees, and one of them is a citizen’s group in Redwood Shores. He said his concern was that "I’ll be serving on another committee in a couple of years when residents move into this Project, and they claim they did not know that this was under a flight pattern."
Director Church read the disclosure statement on the deed and said every purchaser will be made aware of that situation.
Mayor Howard asked if anyone in the audience wished to speak to this issue:
Richard Newman, P. O. Box 1934, Burlingame, Director of the San Carlos Airport Pilots Association, said deed restrictions are not read by purchasers. He said that he served with Council Member Leipzig on the Redwood Shores committee, and said that an avigation easement is a much better notification to prospective purchasers. Mr. Newman said such an easement grants a right that the developer doesn’t own anyway, the use of the air space, which is owned and controlled by the FAA. He also said that an avigation easement would prevent the formation of yet another airport noise committee some time in the future.
In response to Vice Mayor Ruskin’s questions regarding Council options for including an avigation easement, City Attorney Schricker said there was a great deal of history regarding this issue, and he wanted to alert the Council "to the legal implications purportedly requiring such a condition in the first instance. But aside from that, the substantive issues as to validity and the public usefulness of such an easement, really require a prolonged and intensive legislative investigation. It is not something that I would recommend that you would attempt to address on an ad hoc basis in the context of this particular development or any particular development, without a well thought out legislative standard, established under an appropriate due process hearing." He said, "we’ve encountered lawsuits in the past from the Pilots Association, and the City is caught in between the owner of the property who has property rights to develop, and the users of adjacent property who have certain rights attendant upon the Airport. You are in the middle of that. And as legislators, unless you take into consideration the substantive issues on both sides and come to a reasoned conclusion, I must advise you that there is no substantive evidence before you tonight, upon which you could attach such a condition, legally. Secondly, what is before you tonight is the approval of a Final Map, and the only way that you could defeat the approval of a Final Map would be on the basis of Findings, that the public health, welfare and safety prevent you from doing so. I must again advise you on the basis of the information which has been brought to you on an ad hoc basis tonight, you do not have substantial evidence in that regard to make such a Finding to defeat the approval of the Map."
In response to Council Member Hartnett’s questions and comments, City Attorney Schricker agreed that there was a substantial difference between a deed restriction, which is aimed at providing notice and an easement right as a matter of law. He also agreed that an easement right as described at this meeting was to provide a benefit to the airport or airport users. City Attorney Schricker also agreed that in legal concept the beneficiaries of the easement, the Airport and Airport users, may see that as a right that would enable them in effect to disregard the complaints or some of the complaints of those people who are burdened by that easement, and wish to complain about Airport noise. City Attorney Schricker said, "Any beneficiary of such an easement would view that as a superior right."
Kimberly Wirtz, 2201 Walnut Avenue, Fremont, representing Kaufman and Broad, the developer of the Project, said her company was fully cognizant of its need to disclose to its buyers the situation surrounding any property that they buy. She said Kaufman and Broad did a noise study of this development area that was not required by the City. Ms. Wirtz said that all buyers would be made aware of the nearby Airport and the flight patterns. She said Kaufman and Broad had no problems with including the disclosure and said the deed language was assured in perpetuity, and was in its best interest as well as the buyers. Ms. Wirtz said Kaufman and Broad’s own disclosure goes into more detail than what is included on the deed, and said she would be happy to work with the Airport and the Pilots Association to include appropriate language. She said Kaufman and Broad had met the conditions of the Tentative Map.
Carol Ford, 360 Bowsprit, President of the San Carlos Airport Pilots Association, said that Oracle and Electronic Arts have avigation easements, and such easements were very common. She said they were granted to the County and benefit everyone. Mrs. Ford said that it was in a spirit of cooperation and in the spirit of benefit for the entire County that they were asking for an avigation easement. She said San Carlos Airport was a "reliever airport," which takes the small plane traffic that would otherwise legally land at San Francisco International Airport, thereby allowing for quicker passenger flights in and out of SFIA. Mrs. Ford said that San Carlos Airport also provides an economic benefit to San Mateo County. She said she was happy that Kaufman and Broad was willing to discuss this issue, because it will be to everyone’s benefit.
M/S: HARTNETT/IRA. TITLE READ.
Council Member Hartnett said it was not within the Council’s purview to impose a condition of an avigation easement, but it would be worthwhile for the parties to continue discussing the issue. He said, "They can as a matter of private right, without public imposition, enter into an agreement which would result in an avigation easement, if they find it mutually beneficial."
RESOLUTION NO. 13387 APPROVING FINAL SUBDIVISION MAP OF CALIFORNIA MARINA, REDWOOD CITY, CALIFORNIA, SUBJECT TO CERTAIN CONDITIONS; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR IMPROVEMENT THEREOF; APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS FOR SAID SUBDIVISION; AND ACCEPTING OFFER TO DEDICATE EASEMENTS.
ADOPTED BY UNANIMOUS ROLL CALL VOTE OF MEMBERS PRESENT (6)
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9. CLOSED SESSION
None
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10. ADJOURNMENT – ADJOURN IN MEMORY OF LONGTIME RESIDENT AND FORMER CITY EMPLOYEE DON COX; AND ADJOURN WITH OUR DEEPEST HOPES THAT REDWOOD CITY RESIDENT TIMOTHY MAGUIRE, GRANDSON OF FORMER SHERIFF BRENDAN MAGUIRE, WILL SOON BE FOUND AND RETURNED TO HIS LOVING FAMILY;
M/S: LEIPZIG/RUSKIN TO ADJOURN THE MEETING IN MEMORY OF DON COX AND WITH HOPE FOR TIMOTHY MAGUIRE'S SWIFT RETURN, AND CANCEL THE REGULAR COUNCIL MEETING OF JULY 20, 1998
CARRIED BY UNANIMOUS VOICE VOTE AND MEETING ADJOURNED AT 9:15 P.M.
Arlyn C. Jorgenson
City Clerk
INTERVIEW SESSION
REGULAR ADJOURNED MEETING
JULY 13, 1998
1. CALL TO ORDER - 6:55 p.m., Mayor Howard presiding
2. ROLL CALL
Council Members Present: Bain, Ira, Leipzig, Ruskin and Mayor Howard
Council Members Absent: Claire and Hartnett
Staff Present: City Manager Everett, City Clerk Jorgenson, Library Director Chen, Parks, Recreation and Community Services Superintendnent Centeno, and City Volunteer Balsamo
3. PUBLIC COMMENT
None
4. INTERVIEWS WERE HELD AS FOLLOWS: (209)
A. Individual Interview for Membership on the LIBRARY BOARD, one term expiring June 30, 2001;
Wayne Kingsford-Smith
B. Individual Interview for Membership on the BOARD OF PORT COMMISSIONERS, one term expiring July 31, 2003;
Lewis Miller
C. Individual Interviews for Membership on the SENIOR AFFAIRS COMMISSION, four terms, three terms expiring May 31, 2002 and one term expiring May 31, 2000;
Carolyn Nobles
5. ADJOURNMENT
Mayor Howard declared the meeting adjourned at 7:25 p.m.
Arlyn C. Jorgenson
City Clerk
City of Redwood City | City Council
Copyright © 1998. The City of Redwood City. All rights reserved.
