City Council Minutes
March 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
SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
Moved to Conference Room 2B
6:45 P.M.
MARCH 22, 1999
CALL TO ORDER - 6:50 p.m., Mayor Howard presiding
RECORD ATTENDANCE -
Council Members Present - Claire, Hartnett, Ira, Jordan, Leipzig, Vice Mayor Ruskin and Mayor Howard
Staff Present - City Manager Everett, City Attorney Schricker, Public Works Director Ingram, Community Development Services Manager Church, and Associate Planner Riordan
1. PUBLIC COMMENT - None
2. SUBJECT ANNOUNCEMENT
A. Conference With Legal Counsel As Per Government Code Section 54956.9 (a) Regarding Pending Litigation Claimsi. Names Unspecified as Disclosure Would Jeopardize Settlement Negotiations
3. ADJOURN INTO CLOSED SESSION - 6:55 p.m.
4. RECONVENE IN OPEN SESSION - 7:20 p.m.
5. CITY ATTORNEY TO ANNOUNCE REPORT OF ACTIONS TAKEN IN CLOSED SESSION - None
6. ADJOURNMENT - 7:21 p.m.
Respectfully Submitted,
___________________________
Cathleen A. McKay CMC/AAE
Interim City Clerk
CITY COUNCIL
REGULAR MEETING
7:30 P.M.
March 22, 1999
CALL TO ORDER - 7:33 p.m., Mayor Howard presiding
Council Members Present - Claire, Hartnett, Ira, Jordan, Leipzig, Vice Mayor Ruskin and Mayor Howard
Council Members Absent - Mayor Howard
Staff Members Present - City Manager Everett, Interim City Clerk McKay, City Attorney Schricker, Community Development Director/Assistant City Manager Nelson, Community Services Manager Patterson, Traffic Engineer Haygood, Fire Chief Montez, Housing Coordinator Jones-Thomas, Redevelopment Director Church, Police Captain Switzer, Finance Director Ponty, Human Resources Director Rivera-Pena, and Council Volunteer Balsamo.
PLEDGE OF ALLEGIANCE - Led by Vice Mayor Ruskin
INVOCATION: - Delivered by Pastor Steven Converse, Grace Bible Church
1. SPECIAL ORDERS OF THE DAY
2. ORAL COMMUNICATIONS NON-AGENDA SUBJECTS
Bill Abney, 2660 Broadway, expressed concern regarding Cal Train's proposed closure of the Perry Street parking lot and encouraged all concerned parties to attend this Wednesday night meeting at City Hall regarding this matter.
Barbara Rovins, Chamber of Commerce representative, announced upcoming events.
Ted Hannig, 2991 El Camino Real, stated his concerns regarding the imminent domain process and distributed copies of a memo to Council.
Roland Giannini, 3727 Country Club Drive, stated he is not a candidate for the upcoming Council election and clarified his concerns regarding the Port of Redwood City's future land use.
Aaron L'Hoir, P.O. Box 2793, RC, expressed his concern regarding the city's use of chemicals in the parks.
Mayor Howard requested a report as to the standards and what we are using in the parks, and requested this also be mailed to Mr. L'Hoir. MEMO 3/22/99
Keith Daum, Redwood Village Neighborhood Assn. representative, commented the shopping cart problem is attributable to the retailers apathy and suggested a solution of an electronic boot affixed on the carts which prevents wheels from turning therefore limiting distance from stores, instead of creating additional impacts to city resources.
Michael Flynn, 1181 Ruby Street, neighborhood watch captain, stated he has received word that the City is considering approving a halfway house in his neighborhood. He stated the neighbors are very concerned as they have just got this area cleaned up from 17 years of prostitution, drugs, assaults, and mental health problems. He noted he has over 60 names of people willing to petition and stop this from happening as they do not want to return to living in fear, and noted the neighbors have not been contacted by any agency about this proposal.
Mayor Howard referred this matter to the City Manager requesting information on this project be forward to Mr. Flynn and Council MEMO 3/22/99
3. CONSENT CALENDAR
Council Member Ira pulled Items C, H and K and Council Member Jordan pulled Item G.
M/S Hartnett/Ruskin to waive the reading of the Consent Calendar, adopt the Resolutions and Ordinances and approve other items as follows;
A. Approved the Council Minutes of March 8, 1999 Special and Regular Meetings MINUTE ORDER 99-036
B. Authorized Letter to Federal Representatives Opposing Proposals to Require Inclusion of Local Governmental Employees in Social Security System MINUTE ORDER 99-037
D. Accepted Final Offsite Improvements to Mezes Plaza (Broadway Sidewalks) MINUTE ORDER 99-038
E. Accepted Shoreline Drive Improvements as Final and Release Bonds for Electronic Arts Subdivision, Upon Receipt of Maintenance Bond of $194,000 MINUTE ORDER 99-039
F. Approved Change Orders 1, 2 with S.G. Barber Construction in the Amount of $65,500 and $26,321, for Regional Traffic Signalization Program - Downtown Traffic Signal Interconnect Project Engineering File MINUTE ORDER 99-040
I. Resolution 13581 Approving and Authorizing Execution of Agreement for Cost Sharing with City of Belmont for Consulting Engineering Services Associated with the Ralston/Route 101 Interchange and Island Park Direct Access Project
J. Resolution 13582 Declaring Listed Property as Surplus and Approve Transferring Items 1, 2, and 3, to City of Colima, Mexico
L. Resolution 13583 Approving and Authorizing Execution of Joint Powers Agreement Between Cities of Redwood City, Belmont, Foster City, San Carlos, Hillsborough Regarding the Joint Exercise of Police Services - Southern San Mateo County Police Consortium
M. Resolution 13584 Amending Salary Schedule and Compensation Plan for the Position of City Clerk and Rescind Resolution 13357
N. Ordinance 1130-299 Adding Section 60.23.12 to Ordinance No. 1130 the Redwood City Zoning Ordinance Prezoning Certain Property at and Near Seaport Boulevard for the M2 Zoning District Classification (Unincorporated San Mateo County) to the "IP", "TP" and "GI" Zoning District Classifications in the City of Redwood City (Introduced March 8, 1999)
O. Ordinance 2158 Appropriating Specified Amounts from Designated Unappropriated Fund Balances to Specified Appropriations, Canceling Certain Appropriations, and Transferring Specified Amounts from Designated Appropriations to Other Specified Appropriations (Introduced March 8, 1999)
P. Approved warrants and usual and necessary payments through April 5, 1999
The motion passed by unanimous roll call vote with Mayor Howard abstaining on Item A., Council Member Jordan abstaining on Item N. and voting no on Item F.
C. Approve Purchase of a Hurst Fire Rescue Tool and Appropriate Fund Transfers
Council questioned staff as to budgeted amounts and timeframes. M/S Hartnett/Ira to approve reallocation of budgeted funds to purchase a Hurst rescue tool with fund transfers occurring in future actions. The motion passed by unanimous roll call vote. MINUTE ORDER 99-041
G. Approve Memorandum of Understanding Between Redwood City and Redwood City Management Employees Association October 1, 1998 through September 30, 2001, and adopt Resolution Establishing a Salary and Wage Plan for Classifications Represented by the Redwood City Management Employees Association Effective first pay period on or after October 1, 1998
Council Member Leipzig questioned internal alignments and future surveys and whether Council has been advised in these negotiations. City Manager Everett answered and noted negotiations have been discussed in past Closed Sessions.
M/S Hartnett/Claire to approve Memorandum of Understanding between Redwood City and Redwood City Management Employees Association October 1, 1998 through September 30, 2001, and adopted Resolution 13585 Establishing a Salary and Wage Plan for Classifications Represented by the Redwood City Management Employees Association effective first pay period on or after October 1, 1998. The motion passed by majority roll call vote with Council Members Leipzig and Jordan voting no. MINUTE ORDER 99-042
H. Adopt Resolution Approving and Authorizing Execution of Agreement for Professional Technical Assistance Services Relating to the Housing Rehabilitation Program
Council questioned staff regarding annual funding amounts and need for an internal audit to determine community needs regarding the City's rehabilitation loan program and value of an audit.
M/S Ruskin/Hartnett to remove this subject from the agenda to receive more information back at a future meeting regarding scope of work, expected outcomes of the $40,000 audit, the needs in the community, and information regarding other City's programs and services in this area. The motion passed by unanimous roll call vote. MINUTE ORDER 99-043
K. Adopt Resolution Approving and Authorizing Execution of Regulatory Agreement for Pescadero Apartments LIDO, LLC Affordable Housing Units
Council questioned staff regarding this project, conditional rental and affordable ownership possibilities, and developer obligations.
M/S Hartnett/Claire to adopt Resolution 13587 authorizing execution of regulatory agreement for Pesacadero Apartments LIDO, LLC. Affordable Housing Units, and to indicate that it is the City Council's preference that the 20 additional rental units be given priority to City employees and teachers. The motion passed by unanimous roll call vote.
4. STAFF REPORTS
Gary Peterson, Airport Manager conducted a presentation regarding the proposed San Carlos Airport Master Plan improvements and alternatives. He indicated he will provide copies of his slide presentation to Council.
Council questioned Mr. Peterson regarding safety area definitions, airport usage and regulation and enforcement procedures.
The following people addressed Council who support the San Carlos Airport development: Tamara Gharakhanian, San Carlos: Robert Clinton, San Carlos; Michael Beindorff, Redwood Shores; Ann Elsbach, Redwood City; Wayne Krimmel, San Carlos; Joe Palumbo, Redwood City; Pat Dixon, Redwood Shores; Mike Germano, San Mateo; Carol Ford, Redwood Shores.
The following people addressed Council who do not support the San Carlos Airport development: Terry Hinton, Foster City; Dianette Washer, San Carlos; Gretchen Pargett, San Carlos; Gordon Grey, Redwood Shores; Frank Deegan, Redwood Shores; Tom Fier, Foster City; Robin Carlier, Redwood Shores; Rick Milo, Redwood Shores; Peggy Bruggman, Redwood City; John Murphy, Redwood Shores; Jim Turner, Foster City.
Mr. Milo submitted a petition with signatures in opposition to improvements and expansion at the San Carlos Airport for Council review.
Laverne Atherly, Redwood Shores Homeowners Association, reported the association voted to take no action regarding this matter.
M/S Claire/Ruskin for the Mayor to write to the San Mateo County Board of Supervisors to request no action to improve and leave as is and reject all alternatives presented in Master plan for the San Carlos Airport. The motion failed 5-2.
M/S Hartnett/Leipzig for Mayor to write a letter stating it is the Redwood City Council's position that the Supervisors of San Mateo County not approve anything that would serve to increase traffic or allow heavier and noisier aircraft, to the extent that no safety features be used to increase the weight capacity and to review and implement to the full extent that the County can, adding enhancement of and improve noise abatement procedures for flight path violations by pilots. The motion passed by majority roll call vote with Council Member Claire voting no. MINUTE ORDER 99-044
It was the consensus of Council to pull Items 4b., 5a., 5b., from this agenda and reschedule for future meetings.
M/S Ira/Hartnett to extend the meeting to 11:30 p.m. The motion passed by unanimous voice vote.
A ten minute break occurred at this time.
C. Resolution Approving and Authorizing Installation of a Stop Sign on Westbound Edgewood Road at Intersection with Melrose Place and Blandford Boulevard
Traffic Engineer Haygood reported this stop sign request originated from a petition signed by 32 residents and was discussed at a neighborhood meeting on February 8, 1999 where 40 residents attended with majority approval. He reported on the details of the traffic patterns and engineering measures used to define problems and remedies.
Council discussion ensued regarding traffic diversion routes and alternatives.
Nita Spangler, 970 Edgewood Road, stated this is a very needed and wanted stop sign and advised Council that the traffic committee she has advocated in the past could assist Council in these deliberations.
Arlene Storm, 879 Blandford, stated she has lived in this neighborhood one year and described the perils of walking and driving through this dangerous intersection and urged Council to vote yes to solve this safety problem in her neighborhood.
M/S Ira/Ruskin to extend this meeting to midnight. The motion passed by unanimous voice vote.
David Stuart, 927 Blandford, described the problems at this intersection and noted he counted 72 people at the neighborhood meeting and urged Council approval of this stop sign.
Council discussion ensued regarding noticing by mailing to within only one city block and an alternative of a roundabout instead of a stop sign.
M/S Ruskin/Ira to adopt Resolution 13588 Establishing and Declaring Designated Entrances to Certain Herein Specified Intersection to be Stop Entrances at Edgewood Road and Melrose Place and Blandford Boulevard entrances. The City Attorney read the title of the resolution. The motion passed by majority roll call vote with Council Member Leipzig voting no.
D. Formation of a Special District for Financing Traffic Improvements in Redwood Shores
Finance Director Ponty reported on the Mello-Roos District formation and sale of bonds process necessary for forming a special district for financing traffic improvements in Redwood Shores.
Scott Mace, Belmont resident, representing Mid-Peninsula Bicycle Coalition expressed concern about walking and biking across Hwy. 101 from Redwood Shores and he would like to see the traffic assessment district as a partner for a pedestrian and bike overcrossing over Highway 101, in Belmont.
M/S Claire/Hartnett to waive the full reading of the resolutions by reading title only and adopted Resolution 13589 Intending to Adopt a Statement of Local Goals and Policies; and Resolution 13590 Intending to Establish the Redwood Shores Community Facilities District (99-1) and to Authorize the Levy of a Special Tax to Pay for Cost of Constructing Certain Traffic Improvements, Expenses of the District, and Debt Service on Bonded Indebtedness of the District and Setting Public Hearing on April 26, 1999 to Allow the Affected Property Owners the Opportunity to Protest the Creation of the Community Facilities District, the Levy of Special Taxes and the Sale of Bonds; and Resolution 13591 to Incur Bonded Indebtedness within the Proposed Redwood Shores Community Facilities District No. 99-1 in an Amount Not to Exceed $15,325,000. The City Attorney read the titles of the resolutions. The motion passed by unanimous roll call vote.
M/S Ruskin/Claire to extend the Council meeting to 12:15 a.m. The motion passed by unanimous voice vote.
E. City of Redwood City Letterhead and Logo Use Policy
Council discussion ensued regarding the October 1998 direction to staff and intent regarding use of Redwood City logo for non-city business.
Council Member Jordan expressed dissatisfaction with City Attorney Schricker's legal analysis and asked for his resignation.
Council Member Leipzig requested that his attorney's response has been distributed and requested that it be entered for the record and feels the City Attorney's report should be rejected.
M/S Ira/Ruskin to extend the Council meeting to 12:30 a.m. The motion passed by unanimous voice vote.
Council Member Claire stated the reputation and long standing service of the City Attorney is excellent and clarified that he brought the matter to Council last fall about the use of Redwood City's logo on a republican party mailer because he was getting calls from republican voters asking if the City Council election had become partisan. He remembers the Council asking for a legal decision regarding possible illegal violations of its use and feels that is what City Attorney has provided.
Council Member Hartnett stated he agrees that the City Attorney's letter is appropriate and accurate in relating legal theories with applied theory and facts, and his professional conclusion is in alignment with Mr. Schricker's. It is his opinion that Council should request this matter be reagendized for development of a policy for use of the logo to eliminate future confusion.
M/S Leipzig/Jordan to reject the City Attorney's report. The motion failed with the following roll call vote: AYES: Ira, Leipzig, Jordan, NOES: Claire, Hartnett, Ruskin and Mayor Howard MINUTE ORDER 99-045
Ian Bain, 1405 Marshall, stated as he was campaigning last fall he chose not to use the City logo as he felt it would be inappropriate to do so. He advised Council they can simply adopt a policy prohibiting use of Redwood City's logo and this simple policy statement will close the loophole to disallow personal benefit in the future.
City Attorney Schricker stated he was requested by Council to prepare an analysis of the legality of the mass mailer many months ago, and had the majority of the report completed months ago, but due to Council absences and length of meetings it was deferred to this meeting. He noted the report and legal analysis are accurate and will revisit the matter if Council prefers a revised focus.
M/S Claire/Ruskin to send this matter back to the City Attorney with new instructions to advise us as to how to put a policy together to protect Redwood City's logo and letterhead to prevent non City business use. The motion passed with the following roll call vote: AYES: Claire, Hartnett, Ruskin and Mayor Howard. NOES: Ira, Leipzig, Jordan. MINUTE ORDER 99-046
6. ADJOURNMENT - 12:40 a.m.
M/S Jordan/Ira to adjourn to 7:00 p.m. on April 5, 1999 in the Council Chamber of Redwood City Hall for a Capital Improvement Project Study Session. The motion passed by unanimous voice vote.
Respectfully Submitted,
___________________________
Cathleen A. McKay CMC/AAE
Interim City Clerk
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