City Council Minutes
July 26, 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

SPECIAL MEETING
CLOSED SESSION
CONFERENCE ROOM 2B
6:30 P.M.
JULY 26, 1999

CALL TO ORDER - 6:30 p.m.

ROLL CALL

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

Council Members Absent: Council Member Hartnett

Staff Present: Human Resources Director Rivera-Pena, City Attorney Schricker, City Manager Everett

1. PUBLIC COMMENT - None

2. SUBJECT

A. Conference with Labor Negotiator pursuant to Section 54957.6 of the Government Code;
Negotiator: Human Resources Director Rivera-Pena
Labor Organization: Police Officers Association (POA)

B. Conference with Legal Counselregarding initiating litigation according to Government Code Section 54956.9(c);
Number of Cases: One (1)
Case name unspecified: Disclosure would jeopardize settlement negotiations.

3. RECONVENE IN OPEN SESSION

4. REPORT OF ACTION TAKEN IN CLOSED SESSION, IF ANY

5. ADJOURNMENT - 7:30 p.m.

REGULAR MEETING
7:30 p.m.

CALL TO ORDER - 7:35 p.m.

ROLL CALL

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

Council Members Absent: Hartnett

Staff Present: City Manager Everett, City Attorney Schricker, City Clerk Howe, Financial Services Manager Ponty, Financial Services Manager Somers, Community Development Services Manager Patterson, Community Development Services Manager LaTorra, Public Works Services Director Ingram, Planning and Redevelopment Manager Church, Senior Civil Engineer Vorametsanti, Police Chief Bolanos, Human Resources Director Rivera-Pena, Fire Prevention Officer Hall, Police Officer Curincita, Code Enforcement Officer Schwartz, Building Inspector Lepori, Volunteer Balsamo

PLEDGE OF ALLEGIANCE

INVOCATION: Bishop Brian Smith, Church of Jesus Christ Latter Day Saints

Mayor Howard introduced Donald Fescenmeyer, a Planning Commissioner from Spring Valley, Illinois who was visiting California and came to observe the City Council Meeting.

1. ORAL COMMUNICATIONS

Don Warren, Redwood City/San Mateo County Chamber of Commerce, explained that the membership has requested that they become involved in sub-regional housing and transportation issues and asked that the Council get involved in the respective task forces. Mr. Warren thanked the Vice Mayor and Mayor for their previous participation.

Mr. Ralph Frazia spoke about the smoking ordinance regarding smoking in bars and cigarette machines. Asked that the County seat take the lead in the County and asked the 30-day period be documented as starting this date.

2. CONSENT CALENDAR

A. Approve the Minutes of the Special Closed Session and the regular Council meeting of July 12, 1999 as submitted; (301)

MINUTE ORDER 99-106

B. Approve the appointment of Silvia M. Ponte to the position of Senior Deputy City Clerk at a salary above the bottom of the salary range; (905)

MINUTE ORDER 99-107

C. Accept the Twin Dolphin Drive improvements and release the bonds for the Twin Dolphin Drive Improvements, following the submission of a Maintenance Bond in the amount of $23,500.00, in accordance with Paragraph No. 8 of the Construction Agreement; (304)

MINUTE ORDER 99-108

D. Approve Task Order No. 2 with the Peninsula Corridor Joint Powers Board (JPB) for an amount not to exceed $70,000; (304)

MINUTE ORDER 99-109

E. RESOLUTION 13676 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL ARBORICULTURAL INSPECTION SERVICES; (304)

F. RESOLUTION 13677 ACCEPTING BID FOR REDWOOD SHORES LEVEE IMPROVEMENTS SEGMENT 8 PROJECT; AUTHORIZING EXECUTION OF AGREEMENT FOR SAID WORK; AND DIRECTING RETURN OF SECURITY DEPOSITS (Duran and Venables, Inc.); (304)

G. RESOLUTION 13678 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF SAN CARLOS FOR THE IMPROVEMENT OF SKYWAY ROAD; (304)

H. RESOLUTION 13679 ACCEPTING BID FOR THE 1999-2000 COST SHARED SIDEWALK REPAIR PROJECT; AUTHORIZING EXECUTION OF AGREEMENT FOR SAID WORK; AND DIRECTING RETURN OF SECURITY DEPOSITS; (304)

I. RESOLUTION 13680 APPROVING CONTRACT DOCUMENTS AND SPECIFICATIONS FOR DREDGING AND CLEANING OF BOX CULVERTS AND SUMPS AT CORDILLERAS CREEK AT INDUSTRIAL WAY AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR; (304)

J. Purchase of Water Meters

1. Waive the bidding requirements of the City of Redwood City Code, Chapter 2, Article 7, Section 2.76 for the purchase of Water Meters by affirmative vote of at least five members of the City Council on the grounds that strict compliance with the bidding requirements would not serve the public interest;

   MINUTE ORDER 99-110

2. RESOLUTION 13681 APPROVING PURCHASE OF WATER METERS AND AUTHORIZING EXECUTION OF PURCHASE DOCUMENTS IN CONNECTION THEREWITH; (304)

K. RESOLUTION 13682 ACCEPTING BID FOR THE PURCHASE OF UTILITY SYSTEM MATERIALS; AND AUTHORIZING EXECUTION OF PURCHASE DOCUMENTS THEREFOR (Roberts & Brune Co.); (304)

L. RESOLUTION 13683 REJECTING BID FOR THE MAIN LIBRARY RE-CARPETING PROJECT, DIRECTING RETURN OF BID SECURITY; AND AUTHORIZING AND DIRECTING READVERTISEMENT FOR BIDS THEREFORE; (304)

M. RESOLUTION 13684 APPROVING CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 1999/00 CONCRETE SIDEWALK REPAIR SERVICE AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR; (304)

N. RESOLUTION 13685 ACCEPTING BID FOR THE REPLACEMENT AND/OR REPAIR OF MOTORS FOR THE VARIOUS PUMP STATIONS IN THE CITY OF REDWOOD CITY AND AUTHORIZING EXECUTION OF PURCHASE DOCUMENTS THEREFOR (Vincent Electric); (304)

O. RESOLUTION 13686 ACCEPTING BID FOR THE REPLACEMENT AND/OR REPAIR OF PUMPS FOR THE VARIOUS PUMP STATIONS IN THE CITY OF REDWOOD CITY; AND AUTHORIZING EXECUTION OF PURCHASE DOCUMENTS THEREFOR (Pump Repair Service Co.); (304)

P. General Plan Amendment and Zoning Map Amendment for the northern portion of the property at 305 Walnut Street. (301)

1. RESOLUTION 13687 ACCEPTING BID FOR REDWOOD SHORES LEVEE IMPROVEMENTS SEGMENT 8 PROJECT; AUTHORIZING EXECUTION OF AGREEMENT FOR SAID WORK; AND DIRECTING RETURN OF SECURITY DEPOSITS (Duran and Venables, Inc.); (304)
   
   
2. ORDINANCE 1130-303 ADDING SECTION 60.1.16 TO ORDINANCE NO. 1130, THE REDWOOD CITY ZONING ORDINANCE, REZONING PROPERTY IN THE VICINITY OF 305 WALNUT STREET IN THE CITY OF REDWOOD CITY FROM THE "IP" (INDUSTRIAL PARK) TO THE "CG" (COMMERCIAL GENERAL) ZONING DISTRICTS (Adoption; 1st reading July 12, 1999)

Q. Adoption of the following code revisions: (301)

1. ORDINANCE 2167 AMENDING SECTIONS 24.34 AND 24.35 OF CHAPTER 24 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO LIMITED EXCEPTIONS TO NOISE REGULATION REQUIREMENTS; (1st reading on June 28, 1999)
   
   
2. ORDINANCE 2168 AMENDING SECTIONS 6.51, 6.54, 6.55, 6.56, AND 6.57 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO FREQUENCY, SIGNS, VIOLATIONS, EXEMPTIONS, AND PENALTIES REGARDING GARAGE SALES AND DELETING SECTIONS 6.52, 6.53, AND 6.58 SAID CODE RELATING TO PERMIT APPLICATIONS, PERMIT ISSUANCE AND EXEMPTIONS, RESPECTIVELY, REGARDING SUCH SALES; (1st reading on June 28, 1999)
   
   
3. ORDINANCE 2169 AMENDING SECTION 14.1, 14.12, AND 14.15 OF CHAPTER 14 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO DEFINITIONS, CONSTRUCTION, AND PLACEMENT OF RECEPTACLES FOR GARBAGE AND RECYCLABLES, RESPECTIVELY; (1st reading on June 28, 1999)
   
   
4. ORDINANCE 2170 AMENDING SECTION 14.38 OF CHAPTER 14 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO REMOVAL OF WEEDS; (1st reading on June 28, 1999)
   
   
5. ORDINANCE 2171 ADDING ARTICLE VII TO CHAPTER 14 OF THE CODE OF THE CITY OF REDWOOD CITY REGARDING GRAFFITI; (1st reading on June 28, 1999)
   
   
6. ORDINANCE 2172 ADDING DIVISION 12 (COMMENCING WITH SECTION 20.227) TO ARTICLE VII OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO HABITATION IN VEHICLES; (1st reading on June 28, 1999)
   
   
7. ORDINANCE 2173 ADDING CHAPTER 33B TO THE CITY CODE OF REDWOOD CITY RELATING TO REGULATIONS OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COMMERCIAL DISTRICTS; (1st reading on June 28, 1999)
   
   
8. ORDINANCE 2174 ADDING SECTIONS 21.17 AND 21.18 TO CHAPTER 21 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO UNSANITARY CONDITIONS IN PUBLIC PLACES; (1st reading on June 28, 1999)
   
   

R. ORDINANCE 2175 AMENDING SECTION 27.100 OF, AND ADDING SECTION 27.106 TO, CHAPTER 27 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO SANITARY SEWERAGE SERVICES FEES AND PROVIDING FOR REFUNDS THEREOF, RESPECTIVELY (Adoption; 1st reading on July 12, 1999) (301)

S. Approve warrants dated through July 26, 1999, and usual and necessary payments dated through August 2, 1999;

T. Reject claims of Jefferson Ng, No. 1753 and Donna Porter, No. 1756; (303)

MINUTE ORDER 99-111

By consensus, regarding Item 2D, Mayor Howard to send a letter to the Peninsula Corridor Joint Powers Board expressing the Council's displeasure at paying $70,000 for additional flaggers and the flagger's supervisor for the Jefferson Underpass. Council also indicated desire to meet and confer with the Joint Powers Board.

Ira/Claire to waive reading of the Consent Calendar except the ordinances, adopt the resolutions and the ordinances, and approve other items.

The motion passed by a unanimous roll call vote, with Councilmember Hartnett absent.

3. WRITTEN COMMUNICATIONS - None

4. BOARDS, COMMISSION AND COMMITTEE REPORTS - None

5. PUBLIC HEARINGS

A. PUBLIC HEARING on Bond Service Tax Rates - 1999-00 General Improvement District 1-64

Financial Services Manager Somers explained the recommended tax rate for 1999/00 is 13% lower than previous years due to increased values of properties in the district and to new construction. The tax rate is determined by taking the bond service and associated expenditures divided into the tax base.

Mayor Howard opened the public hearing - there being no public input, Mayor Howard asked for a motion.

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

M/S Ira/Claire to introduce an ORDINANCE FIXING THE AMOUNT OF MONEY TO BE RAISED BY TAXATION UPON THE TAXABLE PROPERTY WITHIN GENERAL IMPROVEMENT DISTRICT NO. 1-64 TO PROVIDE FUNDS FOR GENERAL IMPROVEMENT DISTRICT NO. 1-64, AND FIXING AND LEVYING THE TAX RATE THEREFOR (301)

The motion passed by a unanimous roll call vote, with Councilmember Hartnett absent.

B. PUBLIC HEARING on Seaport Centre Maintenance District - District Confirmation and Levying of Assessments

Senior Civil Engineer Vorametsanti explained the background on both the Seaport Centre Maintenance District and Seaport Boulevard Landscape Maintenance District and that this is the time for the public hearings. Council on June 7, 1999, ordered the levy, approved the manager and engineer's report, approved modification of the formula by which the assessment is made, proposed to ratify the formation of the district under Proposition 218 and called for the public hearing and owners' election. It was necessary for staff to meet with the property owners after June 7 and because some were new owners they were not satisfied with the assessment so the it was lowered down to compare with the previous history of assessments and resubmitted for Council approval. Mr. Vorametsanti acknowledged that a 5-year plan is up for discussion with a more comprehensive proposal as well.

Mayor Howard opened the public hearing - there being no public input, Mayor Howard asked for a motion to close the public hearing.

M/S Ira/Ruskin to close the public hearing. The motion passed by a unanimous voice vote with Council Member Hartnett absent.

Senior Civil Engineer Vorametsanti announced the ballot tabulation for the Seaport Centre Maintenance District resulted in a 100% affirmative vote.

M/S Ira/ Claire to adopt RESOLUTION 13688 DECLARING TABULATION OF VOTES UPON THE QUESTION OF APPROVAL OF ASSESSMENTS; FINDING THAT NO MAJORITY PROTEST HAS BEEN MADE TO THE LEVY OF ASSESSMENTS; CONFIRMING REVISED CITY MANAGER'S AND REVISED ENGINEER'S REPORTS AND ORDERING SPECIAL BENEFIT ASSESSMENT TO BE LEVIED AND COLLECTED - SEAPORT CENTER MAINTENANCE DISTRICT (100)

The motion passed by a unanimous roll call vote, with Council Member Hartnett absent.

C. PUBLIC HEARING on Seaport Boulevard Landscape Maintenance District - District Confirmation and Levying of Assessments

The report on this item was heard concurrently with Item 6B.

Mayor Howard opened the public hearing - there being no public input, Mayor Howard asked for a motion to close the public hearing.

M/S Leipzig/Ira to close the public hearing. The motion passed by a unanimous voice vote with Council Member Hartnett absent.

Senior Civil Engineer Vorametsanti announced the ballot tabulation for the Seaport Boulevard Landscape Maintenance District resulted in an 89% affirmative vote.

M/S Ira/Ruskin to adopt RESOLUTION 13689 DECLARING TABULATION OF VOTES UPON THE QUESTION OF APPROVAL OF ASSESSMENTS; FINDING THAT NO MAJORITY PROTEST HAS BEEN MADE TO THE LEVY OF ASSESSMENTS; CONFIRMING REVISED CITY MANAGER'S AND REVISED ENGINEER'S REPORTS AND ORDERING SPECIAL BENEFIT ASSESSMENT TO BE LEVIED AND COLLECTED - SEAPORT BOULEVARD LANDSCAPE MAINTENANCE DISTRICT (100)

The motion passed by a unanimous roll call vote with Council Member Hartnett absent.

D. PUBLIC HEARING on 1999/00 Budget Amendments

Financial Services Director Ponty explained the budget ordinance will legally enact the budget that was reviewed and approved at the July 6 budget study session. The only revision from the July 6 study session was to add $500,000 to the island and median renovation program in the Capital Projects Fund. This change has been incorporated into the budget presented at this time.

Mayor Howard opened the public hearing.

Ron Crates, Superintendent of Redwood City School District, acknowledged the expression of interest and press release from Council Member Jordan regarding the budget amendment to help children become fluent and literate in the English language. He expressed concern that the information is misleading and inaccurate. Agreed the sharing of resources toward this issue has merit and expressed disappointment in the lack of opportunity for conversation surrounding the subject.

Council comments included historical background of funding per child, concern expressed from mothers of children around the 3-year immersion program.

Arturo Samayoa requested adding to the proposal, money toward a course for City Council around race sensitivity issues and communication with the community with sensitivity.

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

Council Member Jordan gave her history surrounding the issue of education in Redwood City. Explained her suggestion would be to take an equal amount to that given to all non-profit organizations and either fund, implement or somehow put toward a program of English excellence or immersion that will make a difference.

Council Member comments included the Citizen survey results that showed the foremost concern being the schools, clarified that there is collaboration and partnership with the school district at this time, support for substance of the suggestion, test scores not indicative of how Redwood City schools are doing, concern with proposal and press release process and requested courtesy toward other Council Members, the right for any Council Member to make press releases was also exhibited. A concern that the perceived failure of the program could be attributed to the Council was expressed.

M/S Claire/Ruskin to introduce AN ORDINANCE OF THE CITY OF REDWOOD CITY ADOPTING THE FINAL BUDGET OF THE CITY OF REDWOOD CITY FOR THE FISCAL YEAR JULY 1, 1999 - JUNE 30, 2000; PROVIDING FOR THE APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET; PROVIDING FOR EMERGENCY EXPENDITURES, TRANSFERS, ADDITIONAL APPROPRIATIONS, CANCELLATIONS AND REAPPROPRIATIONS OF EXISTING APPROPRIATIONS; ADOPTING THE BUDGET FOR GENERAL IMPROVEMENT DISTRICT NO. 1-64 FOR THE FISCAL YEAR JULY 1, 1999 - JUNE 30, 2000; MAKING PROVISION FOR INTERIM EXPENDITURES AS OF JULY 1, 1999; AND REPEALING ORDINANCE NO. 2150, AND ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH with an amendment that the Mayor appoint an ad hoc committee to work with the school district board and Dr. Crates to discuss the issues of the school district and specifically, the challenges of literacy and difficulties involved and report back to Council to be discussed at a later date, the results of the ad hoc committee meetings.

The motion passed by a majority roll call vote as follows: Ayes: Council Members Claire, Ira, Vice Mayor Ruskin and Mayor Howard. Noes: Council Members Jordan and Leipzig. Absent: Council Member Hartnett (301)

Council Member Jordan made a motion to reconsider introduction of the budget ordinance and to amend the budget by adding a line item for $1.575 for an English immersion program and whether or not the City, a non-profit or the schools run it, to be determined after study. The motion failed to receive a second.

E. PUBLIC HEARING ordinance relating to Public Dance Permit Fees

Continued Public Hearing to August 9, 1999. (301)

6. MATTERS OF COUNCIL INTEREST

Council Member Ira mentioned the need to remove the detour signs from Jefferson. He also requested traffic engineers check the situation on Jefferson toward El Camino where there are two lanes and a right turn lane on Franklin into Sequoia Station, continuing into two lanes and then another right turn lane onto El Camino creating a situation where people go straight through the turn lane on Franklin creating a dangerous situation.

Vice Mayor Ruskin mentioned that there are reports of interrupted television signals during the televised Council meetings and that the City Clerk is pursuing this problem. He also brought up the issue of the City Council agenda sometimes not being posted on the web site prior to the current Council meeting date and the Library Director is monitoring the issue.

Mayor Howard expressed thanks to Senior Civil Engineer Brian Lee and Community Development Services Manager Joel Patterson along with other staff for the preparation and follow through of the Jefferson Underpass event on Saturday, July 24 at 10:00 a.m. Secondly, on Saturday and Sunday, July 24 and 25, the American Cancer Society's "Relay for Life", a 2 hour walkathon/runathon Redwood City event held at Sequoia High School led by Planning and Redevelopment Manager Michael Church and Fire Chief Ed Montez helped raise $50,000 toward this cause.

9:30 p.m. - 9:40 p.m. - Break

7. STAFF REPORTS

A. Hearing on Abatement of Nuisance;

City Attorney Schricker gave legal framework on the case before Council of nuisance abatement at 303 Heller, 309 Heller and 418 Cassia.

City Clerk Howe administered an oath to all those testifying in the case. The following staff members took the oath: Community Development Services Manager John LaTorra, Building Inspector Gary Lepori, Code Enforcement Officer Valerie Schwartz, Fire Prevention Officer Bob Hall and Police Officer Louis Curincita.

Community Services Manager LaTorra availed himself for any questions and City Attorney Schricker indicated the 44 slides to be shown and described would become a part of the administrative record.

Building Inspector Lepori gave the history of the situation dating back to 1989 involving three homes and gave the report while showing the slides involved.

Council discussion included the fact that the reality is worse than the slides portray, thanking of staff for the work and sending a message to tenants as well as landlords by this action. Council asked about relocation process for the tenants involved.

M/S Ira/Leipzig to adopt the following resolutions abating nuisances at : 303 Heller, 309 Heller, and 418 Cassia. Condemn buildings at 303 Heller, 309 Heller, and 418 Cassia as public nuisances and direct the owner to reconstruct, properly repair, or raze the structures within 30 days.

RESOLUTION 13690 CONDEMNING BUILDING AT 303 HELLER STREET AS A PUBLIC NUISANCE AND DIRECTING RECONSTRUCTION OR REMOVAL THEREOF

RESOLUTION 13691 CONDEMNING BUILDING AT 309 HELLER STREET AS A PUBLIC NUISANCE AND DIRECTING RECONSTRUCTION OR REMOVAL THEREOF

RESOLUTION 13692 CONDEMNING BUILDING AT 418 CASSIA STREET AS A PUBLIC NUISANCE AND DIRECTING RECONSTRUCTION OR REMOVAL THEREOF

The motion passed by a unanimous roll call vote of those present, with Council Member Hartnett absent. (707)

8. CLOSED SESSION - None

9. ADJOURNMENT - in the memory of Francis Hutchinson, known as "Hutch", former Sequoia High School Principal and having served on Redwood City's Historic Resources Advisory Committee for many years.

M/S Leipzig/Ruskin to adjourn the meeting and cancel the meeting of August 2, 1999.

The motion passed by a unanimous voice vote by those present.

Respectfully submitted,

Patricia S. Howe, CMC
City Clerk

Copyright © 1999. The City of Redwood City. All rights reserved.