CITY COUNCIL CHAMBER

CALL TO ORDER - 7:35 p.m.

Council Members Present: Claire, Hartnett, Ira, Leipzig, Vice Mayor Ruskin and Mayor Howard with Council Member Jordan arriving at 7:40 p.m.

Staff Present: City Manager Everett, City Attorney Schricker, City Clerk Howe, Fire Chief Montez, Redevelopment and Planning Manager Church, Financial Services Manager Somers, engineering and Construction Manager Patterson, Senior Planner Jany, Housing Coordinator Jones-Thomas, Assistant to the City Manager Moore, Captain Salter, Captain Warner and Council Volunteer Balsamo.

PLEDGE OF ALLEGIANCE - Led by Council Member Hartnett

INVOCATION: Delivered by Major Hal Hads, Salvation Army

1. SPECIAL ORDERS OF THE DAY

A. Proclamation Honoring Child Abuse Prevention Week - Mayor Howard introduced Bernadette Plotnikoff, Chairperson of the Child Abuse Prevention Week Planning Committee. Ms. Plotnikoff thanked City Council for awareness of the needs of children and for the proclamation presented by Mayor Howard.

B. Proclamation Honoring Stan Kamiya, Civilian Award for Heroism - Mayor Howard read and presented the proclamation relating the story of the heroic rescue. Stan Kamiya spoke of the effort and thanked the City Council and Fire Chief Ed Montez for the recognition.

C. Proclamation Honoring Fire Captain Richard Salter Upon Retirement - Mayor Howard read and presented the proclamation to Fire Captain Richard Salter for 32 years of service. Captain Salter commended the Fire Department and thanked the City Council. Fire Chief Montez thanked Captain Salter for his service and leadership.

2. ORAL COMMUNICATIONS

Salvador Sandoval, representing Latino Focus, spoke about recent public comments referenced in San Francisco Chronicle article. Mr. Sandoval requested factual information to support claims that non-English speaking immigrants are responsible for shopping cart issue.

Arturo Samayeo, requested City Council to encourage Council Member Leipzig to produce facts to support statements or apologize if the data does not exist. Mr. Samayeo proposed three remedies: public apology to all residents of Redwood City, resignation, face recall or strong campaign to ensure he is not re-elected in November.

Lisa Maldonado, commented on remarks by Council Member Leipzig as being ignorant, ill-advised and divisive. Ms. Maldonado explained that people who take shopping carts are old or poor. Leadership and qualities of bringing people together are demanded and needed especially at a time when the city, state and country are changing. The community is here to stay and must work together and not attack and polarize people. Sought action from the City Council to reach out to the community.

Juan S. Vilorio, commented that the community is improving in Redwood City and questioned contradictory negative comments.

Menassa, supported Council Member Leipzig and expressed opinion that some of the previous action was politically motivated.

Mayor Howard gave Council Member Leipzig an opportunity to speak.

Council Member Leipzig thanked his many supporters for the support. Stated he never intended to offend anyone and could not respond to the misquotes expressed. Stated his goal is to tear down the invisible wall through communication; the glue that holds this country together as a nation is communication and a part of that is the English language. Reiterated his opposition to bilingual education and denied accusation of being racist. Felt he has always tried to work on common issues. Proposed a community meeting outside of the Council Chambers to sit down to work together with anyone who has concerns.

Mayor Howard thanked Council Member Leipzig and noted a strong difference in opinion between some members of the Hispanic community and Council Member Leipzig. Expressed the need as Council Members to be responsible to all the people of Redwood City. Mayor Howard thanked the speakers on this issue and gave opportunity for other Council Members to comment.

Vice-Mayor Ruskin indicated this is an issue he feels strongly about and that one group is not responsible for the shopping cart problem. He indicated the issue is not bilingual education and to ignore the comments is to validate them, thereby, creating a climate that divides the community and creates walls. He felt the comments were inflammatory and an apology was due.

Council Member Hartnett referred to past practice of dealing with similar public queries outside of Council meetings as the appropriate course of action.

3. CONSENT CALENDAR

Vice-Mayor Ruskin pulled Item 3H from the Consent Calendar.

M/S Hartnett/Ira to waive reading of the Consent Calendar, adopt the resolutions and approving other items, excluding Item H, as follows;

A. Approved the Council Study Session minutes of April 5, 1999 as submitted;

MINUTE ORDER 99-052

B. Accepted the Redwood Creek Concrete Wall Replacement Project, and authorized the release of bonds and retention (Casey Construction); MINUTE ORDER 99-053

C. Waived the protest hearing regarding Pacific Shores Center's application with LAFCO for annexation to Redwood City subject to the condition that LAFCO obtain the written consent to the annexation from 100% of all landowners in the area affected by the annexation;

MINUTE ORDER 99-054

D. Accepted the water main improvements for Westport Office Park-Phase 2, and provided the maintenance bonds in accordance with Section 7 of the Construction Agreement;

MINUTE ORDER 99-055

E. Accepted on behalf of the City, the Public Service Easement for Phase 2 offered by Westport Joint Venture, pursuant to Resolution No. 10944, adopted December 5, 1998, and to record a certified copy of the Resolution and Order with the deed in the office of the County Recorder of San Mateo County; MINUTE ORDER 99-056

F. RESOLUTION 13599 APPROVING AND AUTHORIZING EXECUTION OF OFFER AND AGREEMENT TO DEDICATE EASEMENT (Flatirons Funding, Limited Partnership);

G. RESOLUTION 13600 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL ACCOUNTING SERVICES (Susan B. Merrill, CPA);

I. Reject Claim of Khyber India Restaurant #1738; MINUTE ORDER 99-057

J. Approve warrants and usual and necessary payments through April 26, 1999 APPROVED

The motion passed by unanimous roll call vote with Council Member Leipzig abstaining on Item A.

H. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT GRANTING ENCROACHMENT AGREEMENT FOR THE INSTALLATION OF FIBER OPTIC NETWORK FACILITIES WITHIN THE PUBLIC RIGHT-0F-WAY (RCN Telecom Services of California, Inc.);

Vice Mayor Ruskin referred to Page 3H2 of the agenda packet where a need for boxes in the front yards is indicated. He expressed concern for Redwood Shores and possible need for community informational meeting.

Engineering and Construction Manager Patterson stated the installation in Redwood Shores would be very similar to the equipment currently in place. The pedestals in place now, would have a matching pedestal because there is still not an effective underground connection system for that type of soil. Indicated there had been a general membership meeting and board meeting where discussion took place.

Vice Mayor Ruskin would like to send an inquiry to the President of the Homeowners' Association to be sure they understand the situation.

Mayor Howard suggested giving a more thorough report at the Redwood Shores membership meeting, also requested coordination of efforts with RCN as far as sharing of future undergrounding plans.

Engineering and Construction Manager Patterson indicated that collaboration with other utilities is occurring through RCN.

Council Member Claire asked if a resident choosing not to subscribe to cable service might still have a pedestal installed.

Council Member Jordan inquired about a trench cut ordinance being needed before any work was to be done. She asked for assurance that a decision was not needed at this time because there would be sufficient time between now and the ordinance being brought to Council to be sure the homeowners' association is aware of the process.

City Manager Everett, confirmed that by the fall, another permit as well as the ordinance would have to be approved before work begins in Redwood Shores.

Council Member Claire stated that the last time Mr. Atherly approached the Council was because the encroachment permit was issued to TCI and the City was bound to TCI for installation

M/S Hartnett/Ira to table the item and bring back at the earliest opportunity, possibly in a bifurcated status, to grant an encroachment permit as appropriate for as much as the City as possible. The motion passed by unanimous roll call vote. MINUTE ORDER NO. 99-058

4. PUBLIC HEARING

A. PUBLIC HEARING on San Mateo County Integrated Waste Management Plan Siting Element and Summary Plan

Associate Planner Riordan gave a brief background on the project. She indicated both plans were published and open for public comment for 30 days. The County and staff received no public comment. Don Williams of the San Mateo County Public Works Department made a brief presentation.

Mayor Howard inquired about AB1481 designed to overturn the requirements of each city as pertains to percentages by the year 2000. City Manager Everett responded he would follow up on the bill.

Public Hearing Opened

No public comment.

M/S Liepzig/Ruskin to close the Public Hearing. The motion passed by unanimous voice vote.

Public Hearing Closed

M/S Liepzig/Ruskin Adopt RESOLUTION 13601 APPROVING THE SAN MATEO COUNTY INTEGRATED WASTE MANAGEMENT PLAN COUNTYWIDE SITING ELEMENT AND THE SAN MATEO COUNTY INTEGRATED WASTE MANAGEMENT PLAN SUMMARY PLAN. The motion passed by unanimous roll call vote.

5. STAFF REPORTS

A. Information Report on Findings and Recommendations Relating to Spanky's Restaurant's Use Permit

Zoning Administrator Jany described the issue at hand as a follow-up to the Council meeting of February 22 where staff was directed to hold a meeting to collect public testimony from all interested parties and provide Council with a recommendation as to Spanky's use permit. Jany indicated the meeting was held on March 23 and was well represented by all affected parties. He continued with background, reported on the City's investigation and presented the recommended conditions.

Council discussion began with comments on proposed use permit conditions. Expressed desire for a nightclub in Redwood City, completion within 6 months, consistency in requirements, communication with Police Department on events. Expressed concerns for advertisement restrictions, 400 ft. radius responsibility, need for extra police coverage

Brian Lewis, Spanky's attorney, gave comments on the proposed new business and the entire use permit issue and expressed that the environment should be predictable, not arbitrary and fair.

Pamela Pennington, interior designer for Spanky's, gave a brief description of proposed project and indicated intention to move along quickly.

Menassa Abinader, Spanky's owner, gave a history on Spanky's and his prior business experience.

Public Comment:

Don Saye stated he has no opposition to Spanky's as a business. Has had anxieties about incidents that affect the image of Broadway.

LaVerne Atherly felt an effective code enforcement office would prevent this type of issue and to single out one business is unfair.

Brian Lewis, attorney for Spanky's, continued with previous comments.

Council Member Hartnett sought agreement from Mr. Lewis on behalf of his client on various issues pertaining to the use permit.

M/S Ira/Leipzig to approve the use permit as outlined with the following changes to conditions:

1. as is;

2. revise to not exceed 6 months;

3. as is with period after department;

4. as is;

5. duplicate - remove;

6. becomes no. 5 and remains as is;

7. becomes no. 6 , reduced to the immediate parking lot area subject to review by the Police Department. If any problems arise, would be subject to determination as to proper perimeter;

8. becomes no. 7, remains as is;

9. becomes no. 8, remains as is;

10. becomes no. 9, remains as is;

11. eliminate;

12. becomes no. 10, remains as is;

and the risk of radio advertising would be sole responsibility of Spanky's and any problems would be a reason to review the process. The motion was passed by a unanimous roll call vote.

For the record, Mayor Howard asked Mr. Abinader, represented by Mr. Lewis, if he was willing to comply with the recommendations.

Mr. Lewis agreed to the conditions as modified.

Council comments included concern about perceived staff delays, hope for collaboration and satisfaction with a 6-month process.

B. Professional Design-Builder Services for the Fire Station No. 11 Project

M/S Claire/Ruskin to adopt resolution 13602 approving and authorizing execution of agreement for professional services, construction management/general contractor service (fire station no. 11). motion passed by unanimous roll call vote.

C. Professional Services Agreement with ICF Kaiser International, Inc. for a Performance Audit/Program Assessment

Housing Coordinator Jones-Thomas gave a report on the issue as being presented previously on March 22 and need to report back with further information.

M/S Ruskin/Claire to extend the meeting by 10 minutes. Motion passed by unanimous voice vote.

M/S Ruskin/Ira to extend the meeting to 11:20 p.m. Motion passed by unanimous voice vote.

M/S Claire/Hartnett to adopt RESOLUTION 13586 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL TECHNICAL ASSISTANCE SERVICES RELATING TO THE HOUSING REHABILITATION PROGRAM (ICF INCORPORATED). Motion passed by a majority roll call vote with Council Members Ira, Jordan and Leipzig voting no.

Council comments included exploring the program more thoroughly and noted performance standards are necessary for staff.

6. COUNCIL ANNOUNCEMENTS/REPORTS

A. Letter from League of California Cities for comment

Mayor Howard explained the letter from the League of California Cities is seeking participation on various policy committees.

Assistant to the City Manager Moore gave a presentation on the Citizens Survey Questions process development.

Consultant Jennifer Franz was available for Council to ask questions.

Council discussion ensued about length of questions, number to be surveyed, question no. 47 being confusing, asked about various other particular questions.

M/S Hartnett/Claire adopt as proposed with addition of question pertaining to overcrowding living conditions. If difficulties arise with any of the questions producing responses, committee to advise or decide remedy. Motion passed by majority roll call vote with Council Member Leipzig voting no.