City Council Minutes
February 22, 1999
REDWOOD CITY CITY COUNCIL
MAYOR DIANE HOWARD
VICE MAYOR IRA RUSKIN
COUNCILMEMBER
RICHARD S. CLAIRE
COUNCILMEMBER JIM
HARTNETT
COUNCILMEMBER JEFF IRA
COUNCILMEMBER COLLEEN JORDAN
COUNCILMEMBER MATT
LEIPZIG
REDEVELOPMENT AGENCY SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
5:45 P.M.
FEBRUARY 22, 1999
CALL TO ORDER - 5:45 p.m.; Vice Chairman Ruskin presiding
ATTENDANCE - Claire, Hartnett, Leipzig, Ira and Vice Chairman Ruskin
Staff Members Present - City Manager Everett, City Attorney Schricker, and Agency Director Church.
1. PUBLIC COMMENT - None
2. SUBJECT ANNOUNCEMENT
3. ADJOURNED INTO CLOSED SESSION - 5:46 p.m.
4. RECONVENED IN OPEN SESSION - 6:25 p.m.
5. CITY ATTORNEY ANNOUNCED REPORT OF ACTIONS TAKEN IN CLOSED SESSION - City Attorney Schricker noted no action taken.
6. ADJOURNMENT - 6:26 p.m.
Respectfully Submitted,
___________________________
Cathleen A. McKay CMC/AAE
Interim Redevelopment Agency Secretary
CITY COUNCIL SPECIAL MEETING
CITY HALL CONFERENCE ROOM 2B
6:30 P.M.
FEBRUARY 22, 1999
CALL TO ORDER - 6:30 p.m., Vice Mayor Ruskin presiding
RECORD ATTENDANCE - Hartnett, Leipzig and Vice Mayor Ruskin
Staff Present - City Manager Everett, Interim City Clerk McKay , City Attorney Schricker, and Human Resources Director Rivera-Peña.
1. PUBLIC COMMENT - None
2. SUBJECT ANNOUNCEMENT
3. ADJOURNED INTO CLOSED SESSION - 6:30 p.m.
4. RECONVENED IN OPEN SESSION - 7:28 p.m.
5. CITY ATTORNEY TO ANNOUNCE REPORT OF ACTIONS TAKEN IN CLOSED SESSION - None.
6. ADJOURNMENT - 7:28 p.m.
Respectfully Submitted,
___________________________
Cathleen A. McKay CMC/AAE
Interim City Clerk
CITY COUNCIL
REGULAR MEETING
7:30 P.M.
FEBRUARY 22, 1999
CALL TO ORDER - 7:35 p.m.; Vice Mayor Ruskin presiding
Council Members Present - Claire, Hartnett, Leipzig and Vice Mayor Ruskin
Staff Members Present - City Manager Everett, Interim City Clerk McKay, City Attorney Schricker, Sr. Civil Engineer Lee, Finance Director Ponty, Community Development Services Manager Patterson, Redevelopment Director Church, Housing Coordinator Jones-Thomas, Assistant City Manger/Community Development Director Nelson, Sr. Planner Jany, Police Chief Bolanos, Public Works Director Ingram, Parks and Recreation Community Services Supervisor Hover, and Council Volunteer Balsamo.
PLEDGE OF ALLEGIANCE - Led by Council Member Leipzig
INVOCATION: - Pastor Dennis Logie, First Christian Church
1. SPECIAL ORDERS OF THE DAY
Vice Mayor Ruskin read and presented a Proclamation Honoring Friends for Youth, to Keith Robinson, Volunteer Coordinator, who thanked Redwood City for the support of young people and community participation in Redwood City.
2. ORAL COMMUNICATIONS
Terry Anderlini, 619 Marlin Court, representing Shoredogs Park, distributed their newsletter to Council and noted as the approval of the final for the construction contract for building this park is on the Consent Calendar, felt it is appropriate to report now on the successes of this park. He thanked Redwood City for the support and efforts by many for this successful social experiment.
Ralph Nobles, 3720 Country Club Drive, reported on the historic first meeting held February 18, 1999in San Francisco for the first planning session for Bair Island Refuge, and noted it was well attended and looks forward to the completion. He distributed a list of attendees to Council.
John Anagnostou, 99 Oakwood Drive, President of Redwood City Downtown Group, submitted a letter to Council expressing concern regarding the delay in the Downtown Retail-Cinema Project and outlined the consequences to the downtown businesses.
Council Member Hartnett reported they have two developers meetings next week and will then schedule for community input after that.
Victor Calonje, 858 Jefferson Avenue, business owner, reported on parking problems occurring at the new Way2Go building which is affecting his business and many others in this area.
The City Manager noted he will look into this matter.
Marilee Robinson, 1258 Ruby Street, asked when the new approved stop sign at Virginia and Redwood Streets will be installed.
The City Manager reported this stop sign is ready and will be installed after the striping on pavement can be completed on dry pavement.
3. CONSENT CALENDAR
Vice Mayor Ruskin noted Item K. Resolution Approving and Authorizing Cost Sharing Agreement with City of Belmont to Retain Transportation Planning and Consultant Engineer for Preparation of Required Documents for Marine Parkway/Ralston Avenue Interchange Reconfiguration Project in Amount Not to Exceed $136,500 for Each City is pulled off this agenda.
Council Member Leipzig pulled Item J. from the Consent Calendar.
M/S Claire/Hartnett to approve the Consent Calendar as follows;
The motion passed by unanimous roll call vote with Council Member Leipzig voting no on Items E. and L.
3J. Resolution Approving Agreement with John Cahalan, ASLA for Landscape Services for El Camino Real Median Landscaping Project, Not to Exceed $62,700 (304)
Council Member Leipzig indicated there would be a cost savings if this project were not phased out over several years and stated he would like to see it completed within one year in one phase.
Vice Mayor Ruskin, noted as Chair of El Camino Real Landscaping Task Force, indicated he also concurs it wise to move quickly and complete this project in one phase.
M/S Hartnett/Leipzig to adopt Resolution 13561 Approving Agreement with John Cahalan, ASLA for Landscape Services for El Camino Real Median Landscaping Project, and instructed staff to report back to Council as to how to fund this project to be completed as soon as possible. The motion passed by unanimous voice vote.
4. PUBLIC HEARINGS
M/S Leipzig/Hartnett to continue these previously noticed Public Hearings to March 8, 1999, The motion passed by unanimous roll call vote.
Vacate Portions of Mennonite Street and Heller Street and Reserve Public Service Easement over Portion of Vacated Area. (606)Community Development Manager Patterson reported on this requested street vacation, noting the public has already vacated and abandoned it and this Council action will allow it to revert to private property of the neighbors except the remaining utility easement.
Public Hearing Opened - 8:07 p.m.
Ed Storm, applicant for the property, stated he desires this abandonment so they can clean this area up and make improvements.
No others came forward.
M/S Hartnett/Leipzig to close the Public Hearing. The motion passed by unanimous voice vote.
Public Hearing Closed - 8:08 p.m.
M/S Leipzig/Claire to adopt Resolution No. 13562 Vacating Portions Of Manzanita And Heller Streets In The City Of Redwood City, Pursuant To Part 3 Of Division 9 Of The California Streets And Highways Code; And Reserving A Public Service Easement Therefrom Subject To Satisfaction Of Conditions Stated Therein. The motion passed by unanimous roll call vote.
Consideration of Solid Waste Collections Rate Increase i. Resolution Establishing Rates of Charges for Sanitary Inspections, Collections, Recycling and Removal of Refuse in the City of Redwood City (304)Finance Director Ponty reported on past rate increases, the review process by consultants of South Bayside Transfer Station Authority, revenue shortfalls, and adjustment determinations.
Bob Hilton, President of Hilton, Farnkopf and Hobson Consultants for South Bayside Transfer Station Authority, reported on their rate review and compliance analysis procedures and process used to determine the new rate proposed.
Public Hearing Opened - 8:19 p.m.
Marilee Robinson, 1258 Ruby Street, stated she supports this increase of 16.5% because of the low cost 20 gallon rate which will promote more recycling and reward citizens financially who are willing to decrease their waste stream. She noted it is appropriate for those who want to be wasteful to pay more and encouraged Redwood City to take a stronger stance to reduce waste stream and increase recycling.
No others came forward.
M/S Claire/Hartnett to close the public hearing. The motion passed by unanimous voice vote.
Public Hearing Closed - 8:21 p.m.Council questioned staff regarding sideyard pickup no extra fee, curbside pickup cost reductions for BFI efficiency gains, and if this rate increase is not approved then Redwood City would still be obligated to compensate BFI.
M/S Claire/Hartnett to approve Resolution 13564 Establishing Rates of Charges for Sanitary Inspections, Collections, Recycling and Removal of Refuse in the City of Redwood City; and directed staff to come back before the end of the year for pre-transfer facility deliberations, to address contract flexibility and recycling issues for pre-negotiations. The motion passed by unanimous rollcall vote.
5. STAFF REPORTS
5A. Review of Use Permit for Spanky's Restaurant Located at 2114-16 Broadway (604)
City Attorney Schricker advised Council as to zoning provisions for use permit revocations and indicated this item of business is to initiate proceedings, which would set in motion the staff work necessary to proceed towards a public hearing. He advised Council to not take public input at this time so as not to prejudice any future public hearing process.
Sr. Planner Jany provided Council with background information on this business operations since 1992 and reviewed current operations and the use permit revocation process as per Section 42.9 of the Redwood City Zoning Ordinance.
Brian Lewis, Attorney for Spanky's owner Menassa Abinader, presented his argument as to the City's deficient probable cause for revocation of Spanky's Use Permit. He indicated that if this business' operations are shut down, the owner would have to file bankruptcy.
Menassa Abinader, Spanky's owner for 7 years, stated he has managed restaurants and nightclubs in the Bay area for 22 years, and provided Council with his perspective and details of his business's attempts to comply with City permits while also trying to create a viable business in the current downtown economy.
City Attorney Schricker reminded Council that it only needs to determine probable cause at this time to initiate the process of revocation, amendment or review of the current Use Permit. Owners and public grievances would be reviewed during a future Public Hearing process.
Mr. Manassa stated he has tried to work with merchants, Police department and indicated he is willing to work closely with Police and wants no trouble, to be able to serve food, fix any bad reputation, and does not mind following conditions on the use permit and will work hard to comply as he does with other cities and their nightclubs.
John Anagnostou, President of the Downtown Merchants, reported 20 business owners got together and they unanimously support Mr. Manassa getting his use permit and approve of his efforts to improve his business.
William Abney, 2660 Broadway business owner, encouraged City co-operation with Spanky's and expressed concern regarding any negative impacts on downtown businesses and the police department.
Council questioned City staff regarding compliance with the one-week prior notification to Redwood City Police department prior to each event.
Police Chief Bolanos replied in the affirmative.
Council discussion ensued with staff as to the situations the Police department have discovered, permitted and prohibited uses and conditions of permit, zoning code provisions and alternatives to initial revocation action at this time.
Council Member Hartnett stated it appears there is probable cause for use permit revocation proceedings, he indicated he is hesitant to take action against a downtown business yet there is a current need to protect the public and City resources.
City Attorney Schricker suggested wording where this matter can be referred to the zoning administrator for stipulation with permittee agreement, that the Council will retain jurisdiction during a determined probationary period to develop compliance with conditions and reduce demands on public resources.
M/S Leipzig/Claire to refer this matter for review to the Zoning Administrator with the stipulation to the permittee that the City Council shall retain jurisdiction for 45 days, with the provision that the zoning administrator shall hold an informational public hearing giving public notice which is substantially equivalent of a formal public hearing under revocation proceedings for scope to address the nature of the use itself, the compatibility of the use proposed by the permittee with the zoning district, and decide what conditions would be appropriate to be attached to the revised permit to address concerns and achieve compatibility with the Commercial Business zoning district and address the issue of the demands on public resources for uses permitted.
Mr. Lewis and Mr. Manassa stated Spanky's wants to stay in operation during this time and they approve of an exploratory proceeding and agreed to this stipulation and proposal for a quasi-public hearing.
Council passed the motion on the floor by unanimous roll call vote
Police Chief Bolanos stated that the Police department will be willing to meet weekly to review upcoming events at Spanky's and may need to modify conditions of use to address public safety and impacts to public resources.
Mr. Lewis stated they will continue to cooperate with the police regarding crowd and security issues, as they need to be able to have the dances continue.
5B. Resolution Approving and Authorizing Consultant Services Agreement with Subsurface Consultants, Inc. for Environmental Consulting Services for Stulsaft Park Remediation (304)
Parks, Recreation, and Community Services Supervisor Hover, reported this agreement is to provide initial process to define the scope of the project, including only tasks 1-4 and a portion of Item 6 of the attached agreement. The full environmental remediation process recommendation will come back to Council in a few months.
M/S Claire/Hartnett to adopt Resolution 13563, approving and authorizing execution of agreement for environmental consulting services for Stulsaft Par with Subsurface Consultants, Inc., not to exceed $100,000. The motion passed by majority roll call vote with Council Member Leipzig voting no.
5C. Receive Comprehensive Annual Financial Report for Fiscal Year Ending June 30, 1998 (502)
Finance Director Ponty reported the City's auditors, Maze and Associates, have completed their audit of the City's financial records and the comprehensive annual financial report for the 1997/98 fiscal year, which summarizes the City's $11.8 million general fund activity.
M/S Hartnett/Claire to receive and accept the Comprehensive Annual Financial Report for fiscal year ending June 30, 1998. The motion passed by unanimous roll call vote.
6. COUNCIL ANNOUNCEMENTS/REPORTS
Vice Mayor Ruskin reported on the Sub-Committee's recommendation to Council for the City to commit to paying up to 25% of the operating budget for Redwood Family House, over the next two years. He reported on the assumptions and restrictions this recommendation is based upon and outlined the five factors which provide the rationale for having Shelter Network continue to compete in the CDBG funding process. He explained the fiscal impact of this recommendation is not to exceed $80,000 in any fiscal year regardless of fund source, and a portion of these funds may come from Community Development Block Grant funds (based on the annual recommendation of the HHCC) and the remainder will come from the general fund.
M/S Hartnett/Claire to approve the sub-committee's recommendation on funding for Shelter Network. The motion passed with a unanimous voice vote.
7. ADJOURNMENT - 10:15 p.m.
M/S Leipzig/Hartnett to adjourn of memory of Vaden Myer. The motion passed by unanimous voice vote.
Respectfully Submitted,
___________________________
Cathleen A. McKay CMC/AAE
Interim City Clerk
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