City Council Minutes
June 7, 1999

REDWOOD CITY CITY COUNCIL

MAYOR  DIANE HOWARD
VICE MAYOR  IRA RUSKIN

COUNCILMEMBER RICHARD S. CLAIRE
COUNCILMEMBER JIM HARTNETT
COUNCILMEMBER JEFF IRA
COUNCILMEMBER COLLEEN M. JORDAN
COUNCILMEMBER MATT LEIPZIG

REGULAR MEETING
7:30 P.M.
June 7, 1999

CALL TO ORDER - Mayor Howard called the meeting to order at 7:32 p.m.

ROLL CALL

Council Members Present: Claire, Hartnett, Ira, Jordan, Leipzig, Vice Mayor Ruskin and Mayor Howard

Staff Present: City Manager Everett, City Attorney Schricker, City Clerk Howe, Community Development Director Nelson, Planning and Redevelopment Manager Church, Engineering and Construction Manager Patterson, Building and Inspections Manager La Torra, Building Inspector Schnell, Fire Chief Montez, Fire Marshal Vella and Council Volunteer Balsamo

PLEDGE OF ALLEGIANCE - Led by Vice Mayor Ruskin

INVOCATION: Pastor Abbott, First Christian Church


1. SPECIAL ORDERS OF THE DAY

A. Fire Chief Montez presented a plaque to the City Council from Sister City, Colima, Mexico. Fire Chief Montez expressed Colima's appreciation for the donated equipment.

2. ORAL COMMUNICATIONS

Michael Harris, SAMCAR, spoke regarding the proposed ordinance fire sprinkler retrofit in residential new or existing remodel of 500 square feet or more. Concern with requirements for remodeling and existing inadequate water pressure. Requested tabling of remodel issue.

3. CONSENT CALENDAR

Council Member Hartnett requested items 3H and 3I be removed from the Consent Calendar.

M/S Ira/Ruskin to approve Consent Calendar read the ordinances, adopt the resolutions and the ordinances, and approve other items.

A. Approve the Minutes of the Closed Session and the Regular meeting of May 24, 1999 as submitted;

MINUTE ORDER 99-082

B. Accept the improvements for the Mezes Park Restroom Re-Roofing Project, and authorize the release of bonds; (Jim Duffy Contractors)

MINUTE ORDER 99-083

C. RESOLUTION 13642 ESTABLISHING SUBMITTAL DATE FOR PROPOSED BUDGET FOR FISCAL YEAR 1999-00, SETTING TIME AND PLACE FOR HEARING THEREON, AND ESTABLISHING DATE OF ADOPTION OF THE FINAL BUDGET FOR SAID FISCAL YEAR;

D. RESOLUTION 13643 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR FINAL DESIGN OF CORDILLERAS CREEK BANK EROSION REPAIR PROJECT; (Andrew J. Leahy, P.E., Civil Engineering & Planning)

E. ORDINANCE 2160 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE GOVERNMENT CODE SECTION 21573 ("THIRD LEVEL OF 1959 SURVIVOR BENEFITS") FOR LOCAL MISCELLANEOUS AND LOCAL SAFETY MEMBERS (lst reading on May 10, 1999)

F. ORDINANCE 1130-302 ADDING ARTICLE 28 (COMMENCING WITH SECTION 28.1) TO ORDINANCE NO. 1130, THE REDWOOD CITY ZONING ORDINANCE ESTABLISHING THE REDWOOD SHORES BAYFRONT ZONING DISTRICT CLASSIFICATION (lst reading on May 10, 1999)

G. ORDINANCE 1130-300 ADDING SECTION 60.20d.1 TO ORDINANCE NO. 1130, THE REDWOOD CITY ZONING ORDINANCE, REZONING CERTAIN PROPERTY ADJACENT TO SAN FRANCISCO BAY FROM TIDAL PLAIN DISTRICT TO REDWOOD SHORES BAY FRONT DISTRICT CLASSIFICATION (lst reading on May 10, 1999)

J. Approve warrants dated through June 7, 1999 and usual and necessary payment through June 14, 1999;

APPROVED

K. Reject claims of Roseann Seim, No. 1750 and Lal Ajnesh, No. 1751;

MINUTE ORDER 99-084

The motion passed by a unanimous roll call vote.



H. Building Codes/Set Public Hearing for June 28, 1999

Council Member Hartnett shared the concern of Michael Harris with the issue of the residential remodel triggering the placement of a fire suppression system throughout the entire household. Suggested segregating that portion out to be dealt with separately.

M/S Leipzig/Jordan to delete any reference to retrofitting of existing buildings (Subdivision B, Section 1003.2.10 of the Fire Code) including both residential and commercial and introduce an ORDINANCE REPEALING ARTICLES IV, V, VI, VII, VIII AND ARTICLE IX, DIVISIONS 1 AND 2 OF CHAPTER 9 OF THE CODE OF THE CITY OF REDWOOD CITY; ADDING ARTICLES IV, V, VI, VII, VIII AND ARTICLE IX, DIVISIONS 1 AND 2 OF CHAPTER 9 TO THE CODE OF THE CITY OF REDWOOD CITY RELATING TO THE ESTABLISHMENT OF REGULATIONS AND STANDARDS FOR BUILDINGS AND STRUCTURES IN THE CITY OF REDWOOD CITY AND ADOPTING BY REFERENCE THE FOLLOWING CODES: "THE UNIFORM BUILDING CODE 1997 EDITION"; " THE UNIFORM BUILDING SECURITY CODE, 1997 EDITION"; "THE UNIFORM MECHANICAL CODE, 1997 EDITION"; "THE UNIFORM PLUMBING CODE, 1997 EDITION"; "THE NATIONAL ELECTRICAL CODE, 1996 EDITION"; AND "THE UNIFORM CODE FOR BUILDING CONSERVATION, 1997 EDITION"; and

I. 1997 Uniform Fire Code/Set Public Hearing for June 28, 1999

Introduce an ORDINANCE REPEALING ARTICLE II OF CHAPTER 12 OF THE CODE OF THE CITY OF REDWOOD CITY; ADDING ARTICLE II OF CHAPTER 12 TO THE CODE OF THE CITY OF REDWOOD CITY RELATING TO FIRE PREVENTION; AND ADOPTING BY REFERENCE THE "UNIFORM FIRE CODE, 1997 EDITION", AS PUBLISHED BY THE INTERNATIONAL FIRE CODE INSTITUTE

Ashlen Cherry, Tri-County Apartment Association, agreed that retrofit requirements should be removed from consideration at this time for further exploration of implications.

The motion passed by unanimous roll call vote.

4. WRITTEN COMMUNICATIONS - None

5. BOARDS, COMMISSION AND COMMITTEE REPORTS- None

6. PUBLIC HEARINGS

PUBLIC HEARING on the proposed Freeway Signage Overlay Ordinance and consideration of related amendments to the City Code regulating advertising and signs

Community Development Director Nelson and Senior Planner Jany presented the report and introduced the Sign Ordinance Focus Group. Mr. Jany emphasized the public involvement in the process and explained the Freeway Overlay component.

Council comments included concern for maintenance of signs, questions about dealers' involvement in the process, whether the City can regulate animated signs to change only once daily, why only a small portion is being considered under the Overlay district. Concern about regulation of wall painting signs and whether the sign regulation effects Highway 101 from border to border in Redwood City. Questioned whether the A-frame sign is to be considered on a case by case basis outside the downtown area and if there is sign review with change of ownership.

Community Development Director Nelson indicated a section does pertain to maintenance as well as an upcoming community preservation ordinance. Overlay sign district was a result of the Chamber's Focus Group discussion with the auto dealers and the kinds of needs specific to the auto dealers for increased visibility. The auto dealers are generally concentrated between Redwood Creek and Whipple Avenue. Mr. Jany indicated that the painted signs are subject to Architectural Review Board review.

Scott Blair, Blair Sign Programs, indicated trademark registered logos can be used in conjunction with the proposal, a strong esthetic component was indicated, recommended against electronic signs.

9:10-9:20 p.m. - Recess

9:20 p.m. - Opened Public Hearing

Richard Watkins, The Martin Group/Mid-Point Technology Park showed and described the proposed @Home sign as an integral part of the architecture.

David Pine, @Home Network, indicated the sign is a window to the company, will become a Redwood City landmark and allow for an exception process.

Doug Hannig, SAMCAR, thanked Council and the City for their input and the time and effort exerted in designing a sign ordinance that reflects and helps maintain the quality of business.

Bonnie Miller, Friendly Acres Bayshore Neighborhood Association, felt the focus group was good and staff good to work with. She was concerned there was no provision for exceptions and supported the @Home sign.

Ed Bailey, F.A.E.B.N.A., expressed no objection to the @Home sign and encouraged working with such businesses.

Dick Jacquet, Ampex Corporation, indicated their sign currently does not meet the standard and requested flexibility to allow for sign to remain or if modernizing prior to the amortization period that Ampex not be forced into reducing the size of the sign.

Robert Burmeister, Boardwalk Auto Group, did not support the concept and plan presented and concerned that their manufacturers may not agree. Proposed postponing or tabling the issue for further study and collaboration with staff.

John Spotorno, Architectural Review Committee, in terms of the Overlay District, looking at entire frontage area for consideration, pertaining to animation would like to see "prohibited" taken out and have "subject to review" instead.

Terry Long, Ad Art, indicated branding is a strong consideration and regarding electronic signs, the brightness and frequency of change can be controlled. Electronic signs with lamps that burn with a certain brightness cannot be dimmed efficiently as the new designs being proposed can be.

Council comments included concern with structured ordinances that do not allow for exception, concern with precedence and too much emphasis on signage, exceptions should return for Council consideration, concern with citywide implications driven by Excite @Home request and possible appeals, desire to pass basic ordinance without the electronic component

M/S Leipzig/Ruskin to close the public hearing. The motion passed by a unanimous voice vote.

10:00 p.m. - Closed Public Hearing

M/S Claire/Hartnett to delete Article II, Chapter 3, direct staff to review the standards required for electronic signage and introduce an ORDINANCE DELETING ARTICLE II, CHAPTER 3 OF THE CODE OF THE CITY OF REDWOOD RELATING TO ADVERTISING AND SIGNS AND ADDING ARTICLE II, CHAPTER 3 TO THE CODE OF THE CITY OF REDWOOD CITY RELATING TO ADVERTISING AND SIGNS   MINUTE ORDER 99-085

The motion passed by a unanimous roll call vote.

M/S Hartnett/Claire to defer action on ordinances indicated in 6B and 6C; send back to staff for further discussion with representatives of the Architectural Review Committee, Planning Commission and interested parties to come back if possible with other recommendations related to the Overlay District.   MINUTE ORDER 99-086

The motion passed by a unanimous roll call vote.

7. COUNCIL ANNOUNCEMENTS/REPORTS

Mayor Howard announced a D.A.R.E graduation to be held on Wednesday, June 9 at 6:00 p.m. at Red Morton Center.

8. STAFF REPORTS

A. City Council Policy Regarding Use of City Letterhead and City Logo

City Attorney Dave Schricker made the presentation on the policy.

Council Member Leipzig stated for the record that he thinks there has always been a very clear policy on the use of City letterhead. The issue really concerns the City's logo and the response is to a losing political campaign where the majority was on the losing side, with a true infringement on freedom of speech as elected officials.

Council Member Ira stated for the record that had he thought the use was misleading he would never have allowed it. He did not intentionally expect the use to appear to be correspondence from the City and does not want to protest if this is the intention of the Council and is interested in following the policy if it is the consensus of the rest of the Council.

M/S Ruskin/Hartnett to adopt RESOLUTION 13644 APPROVING AND ADOPTING CITY COUNCIL POLICY REGARDING USE OF CITY LETTERHEAD AND CITY LOGO AND RESCINDING ANY AND ALL PRIOR SUCH POLICIES

The motion passed by a majority vote with Council Members Ira, Jordan and Leipzig voting no.

B. Seaport Centre Maintenance District and Seaport Boulevard Landscape Maintenance District - Districts Confirmation and Levying of Assessments

M/S Ira/Ruskin to adopt the following resolutions:

1) RESOLUTION 13645 OF INTENTION TO ORDER THE LEVY OF BENEFIT ASSESSMENTS FOR FISCAL YEAR 1999-2000 AND THEREAFTER USING THE ALTERNATIVE METHOD, APPROVING CITY MANAGER'S AND ENGINEER'S REPORTS, MODIFYING FORMULA FOR ANNUAL ASSESSMENTS, RATIFYING FORMATION OF DISTRICT, CALLING PROPERTY OWNERS' ELECTION ON SAID ASSESSMENTS, AND PROVIDING FOR NOTICE OF ELECTION AND HEARING THEREON - SEAPORT CENTER LANDSCAPE MAINTENANCE DISTRICT

2) RESOLUTION 13646 OF INTENTION TO ORDER THE LEVY OF BENEFIT ASSESSMENTS FOR FISCAL YEAR 1999-2000 AND THEREAFTER USING THE ALTERNATIVE METHOD, APPROVING CITY MANAGER'S AND ENGINEER'S REPORTS, MODIFYING FORMULA FOR ANNUAL ASSESSMENTS, RATIFYING FORMATION OF DISTRICT, CALLING PROPERTY OWNERS' ELECTION ON SAID ASSESSMENTS, AND PROVIDING FOR NOTICE OF ELECTION AND HEARING THEREON - SEAPORT BOULEVARD LANDSCAPE MAINTENANCE DISTRICT

The motion passed by unanimous roll call vote.

C. Display of Adult Materials in Commercial Establishments Open to Minors

M/S Hartnett/Ira to introduce an ORDINANCE ADDING CHAPTER 18C TO THE CODE OF THE CITY OF REDWOOD CITY RELATING TO THE DISPLAY OF ADULT MATERIALS

The motion passed by a unanimous roll call vote.

D. The Reintroduction of the Adult Oriented Business Ordinance

M/S Ira/Ruskin to adopt :

1) RESOLUTION 13647 INITIATING PROCEEDINGS TO AMEND ORDINANCE NO. 1130, AS AMENDED, THE REDWOOD CITY ZONING ORDINANCE, BY ADDING SECTIONS 27.4 AND 27.5 THERETO, RELATING TO AMORTIZATION OF NONCONFORMING ADULT ORIENTED BUSINESS USES AND EXTENSION OF TIME FOR TERMINATION OF SUCH NONCONFORMING USES, RESPECTIVELY; and to introduce an

2) ORDINANCE AMENDING SECTIONS 18B.11 AND 18B.12 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO SUSPENSION OR REVOCATION OF ADULT ORIENTED BUSINESS REGULATORY AND PERFORMER PERMITS AND APPEALS OF DENIAL, SUSPENSION OR REVOCATION OF SUCH PERMITS, RESPECTIVELY

The motion passed by a unanimous roll call vote.

9. CLOSED SESSION - None

10. ADJOURNMENT - 10:57 in memory of Victoria Rosas, wife of Public Works Superintendent Manuel Rosas, and the victims from Templo la Luz.

M/S Claire/Leipzig to adjourn the meeting. The motion passed by a unanimous voice vote.



Respectfully submitted,

Patricia S. Howe, CMC
City Clerk


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