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
7:00 P.M.
AUGUST 9, 1999
CALL TO ORDER - 7:00 p.m.
ROLL CALL
Council Members Present: Claire, Ira, Jordan, Leipzig, Vice Mayor Ruskin, Mayor Howard
Council Members Absent: Council Member Hartnett
Staff Present: City Manager Everett, City Attorney Schricker
1. PUBLIC COMMENT - None
2. SUBJECT
A. Conference with Legal Counsel regarding existing litigation (Government Code Section §54956.9 (a);
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. CONSIDERATION OF AMICUS PARTICIPATION -
Gammoh V City of Anaheim (1999) 73 Cal.
App. 4 th 186
Recommended Council Actions:
Motion to Authorize Amicus Participation if Hearing by California Supreme Court is Granted
6. ADJOURNMENT - 7:25 p.m.
THIS MEETING SHALL BE CONDUCTED AS A TELECONFERENCED MEETING.
LOCALES SHALL BE CITY HALL AND DISNEY POLYNESIAN RESORT,
1600 SEVEN SEAS DRIVE, ROOM 1939, LAKE BUENA VISTA, FL 32830-1000.
MEMBERS OF THE PUBLIC MAY ADDRESS FROM EITHER LOCATION.
REGULAR MEETING AND TELECONFERENCE MEETING
7:30 p.m.
AUGUST 9, 1999
CALL TO ORDER - 7:30 p.m. - Mayor Howard opened the meeting with a tribute to 15 year veteran Redwood City employee Nelson Brichacek who passed away on August 7, 1999.
ROLL CALL
Council Members Present: Claire, Hartnett (Lake Buena Vista, Florida location), Ira, Jordan, Leipzig, Vice Mayor Ruskin, Mayor Howard
Staff Present: City Attorney Schricker, City Clerk Howe, Senior Deputy City Clerk Ponte, City Manager Everett, Assistant to the City Manager Moore, Police Sergeant Cesena, Community Development Services Manager Passanisi, Associate Planner Riordan, Financial Services Manager Ponty, Community Development Services Director Nelson, Planning and Redevelopment Manager Church, Volunteer Balsamo
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Garrett Brown, Shorelife Evangelical Free Church
| 7:36 p.m. - Mayor Howard recessed the Council Meeting in order to call to order the Redevelopment Agency Meeting. 7:59 p.m. - Mayor Howard reconvened the Council Meeting immediately following adjournment of the Redevelopment Agency Meeting. |
|---|
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. SPECIAL ORDERS OF THE DAY
2. ORAL COMMUNICATIONS
John Seybert invited the community to Zoom, a safe and fun place to be on August 12 and 13 with the Skateboard Park extending through August 14.
3. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which event the item will be removed from the consent and considered in its normal sequence on the agenda.
A. Approve the Minutes of the Special Closed Session and the Regular Council Meeting of July 26, 1999 as submitted;
MINUTE ORDER 99-112
B. Results of R.S. 99 - 1 Election/Introduction of Ordinance - Levy of Tax
- RESOLUTION NO. 13693 OF THE COUNCIL OF THE CITY OF REDWOOD, ACTING AS THE LEGISLATIVE BODY OF REDWOOD SHORES COMMUNITY FACILITIES DISTRICT NO.99-1 (SHORES TRANSPORTATION IMPROVEMENT PROJECT) OF THE CITY OF REDWOOD CITY, DECLARING THE RESULTS OF A SPECIAL ELECTION AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN;
- INTRODUCTION OF ORDINANCE
ORDINANCE OF THE COUNCIL OF THE CITY OF REDWOOD CITY AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN REDWOOD SHORES COMMUNITY FACILITIES DISTRICT NO. 99-1 (SHORES TRANSPORTATION IMPROVEMENT PROJECT) OF THE CITY OF REDWOOD CITY;C. RESOLUTION NO. 13694 ESTABLISHING ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 99-00;
D. RESOLUTION NO. 13695 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE COUNTY OF SAN MATEO, THE CITY OF REDWOOD CITY, AND REDWOOD CITY SCHOOL DISTRICT (REDWOOD CITY HEALTHY START NETWORK - FY 1999 - 2000);
E. RESOLUTION 13696 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE COUNTY OF SAN MATEO, THE CITY OF REDWOOD CITY, REDWOOD CITY ELEMENTARY SCHOOL DISTRICT, AND SEQUOIA UNION HIGH SCHOOL DISTRICT (REDWOOD CITY 2000 COMMUNITY ACTION AND RESOURCE COUNCIL);
F. ORDINANCE NO. 2176 OF THE CITY OF REDWOOD CITY ADOPTING THE FINAL BUDGET OF THE CITY OF REDWOOD CITY FOR THE FISCAL YEAR OF 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 (1st. reading on July 26, 1999);
G. ORDINANCE NO. 2177 FIXING THE AMOUNT OF MONEY TO BE RAISED BY TAXATION UPON THE TAXABLE PROPERTY WITHIN GENERAL IMPROVEMENT NO. 1-64 TO PROVIDE FUNDS FOR GENERAL IMPROVEMENT DISTRICT NO. 1-64, AND FIXING AND LEVYING THE TAX RATE THEREFOR (1st reading on July 26, 1999);
H. ORDINANCE NO. 2178 AMENDING SECTION 5.2 AND SECTION 5.26 OF CHAPTER 5 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO LIMITATIONS UPON MAINTENANCE OF CERTAIN ANIMALS AND FOWL (1st reading on June 28, 1999);
I. ORDINANCE NO. 2179 ADDING ARTICLES II AND III TO CHAPTER I TO THE CODE OF THE CITY OF REDWOOD CITY PROVIDING FOR ADMINISTRATIVE CITATIONS. PENALTIES AND REMEDIES FOR COMPLIANCE AND ADMINISTRATIVE ORDERS, RESPECTIVELY (1st reading on June 28, 1999);
J. Approve warrants dated through August 2, 1999 and usual and necessary payments through August 9, 1999;
K. Reject claims of LaWana Pucini, No. 1757; April Maier, No. 1857 and Colleen Radin, No. 1760.
MINUTE ORDER 99-113
M/S Ira/Ruskin 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 Council Members Jordan and Leipzig voting no on Item 3F.
4. WRITTEN COMMUNICATIONS - None
5. BOARDS, COMMISSION AND COMMITTEE REPORTS - None
6. PUBLIC HEARINGS
A. PUBLIC HEARING on Recommendations of the City Council Subcommittee on Codes regarding on-street Parking Regulations and Public Nuisances
Consultant Nancy Alexander gave the presentation and introduced the sub-committee consisting of Council Members Ira, Leipzig and Mayor Howard, City Attorney Schricker and City staff. Ms. Alexander indicated the outreach program was a success and mentioned an inaccuracy regarding recreational vehicles not being allowed on driveways. The outcome of the study is two ordinances to be considered by the City Council. The first ordinance deals with parking of large vehicles on the street. The second ordinance deals with a wide range of issues relating to maintaining private and public property. Ms. Alexander displayed and explained overheads and photographs on walls
City Manager Everett summarized the three areas that Council would focus on at this present time. 1.) Commercial vehicles weighing more than 6,500 lbs. will not be allowed, nor will oversized commercial vehicles, two trucks or oversized recreational vehicles or vehicles towing a trailer or trailers on the street only. 2.) Recreational vehicles will still be allowed on a driveway. Boats must be parked 15 feet back from the right of way from the street. If you have a long driveway you are able to store a boat if it is properly screened. 3.) Repair of vehicles being discussed on the driveway and in the garage to allow staff the mechanism to correct behavior of the few people operating as a business in their home.
Council discussion included clarification on tow trucks not being allowed on driveways, consideration of curb cuts and the reference to objects being seen by a neighbor and how the observation is defined. Asked that materials storage section include public property.
Noelle Rodolari was concerned about prohibition of working on cars in front of houses and restriction of parking of horse trailers between 2 and 5 a.m.
Peter Foitzik indicated that violation of rights would not be tolerated.
Judy Hanson thanked the Council and expressed that parking her boat elsewhere would present a hardship.
Robert Lico supports regulation on public streets but objects to regulation of storage on private property.
Don Saye urged formation of homeowners' associations within neighborhoods.
Jan LaMantia indicated parking is at a premium in her neighborhood and urged support for two-tiered parking area in a dry dock. Spoke of spigot that was released on her street and concern for safety with children around recreational vehicles parked on the street.
Tanya Rebarchik asked that ordinances that invade rights not be implemented.
Edward Walters spoke against the ordinance and did not understand the set back regulations presented.
Tom Conforti was against the ordinance as it would hurt more than help.
Bill Collins has trailer parked on driveway since 1956 without a complaint.
Robert Phillips felt parking for a 24 hour period should be permitted, suggested a tax assessment to allow boat storage at the port.
Fred Rosenquist expressed concern of preparation need and questioned the need for restrictions.
Linn Johnson felt parking on streets detracted from the neighborhood and is a convenience for owners but an eyesore to others.
Elias Castillo agreed with Mr. Johnson and felt the ordinance should be passed and enforced. The reference to the closed building or structure is of concern and recreational vehicles should be stored out of sight.
Stephen M. Powers was against ordinance and urged Council worked in other areas toward safety.
David Menche presented a signed petition against the proposed ordinance.
Allen Lohbragh explored and found there is not sufficient storage facilities available, asked that the Council review this ordinance carefully.
Stephen Palmer challenged Mr. Castillo's comments and felt the City should not regulate what a homeowner does on his own property.
Recess - 9:55 - 10:05
Tim Garretson felt the ordinance needed a lot of review.
Janson Wong expressed his opposition to the ordinance that would prevent parking in his own yard.
Marco Vailetti wanted to see the ordinance left as is and be able to prepare his recreational vehicle.
Ernest W. Beck, III, questioned the 6,500 lb. Limit and felt it made no sense to regulate an enjoyable activity.
Lynn Simms expressed outrage at the City regulating parking of boats on private driveways and felt it was not a health or safety issue.
Tom Maruyama as an owner of an Expedition said it would be disallowed according to the proposed ordinance and felt if such vehicles were prohibited from assisting in a disaster, the City must provide replacement of those resources.
Amos Dana was against the ordinance.
Larry Rebarchik urged spending money on mediation services not code enforcement officers.
Thomas Blue referred to the attracting of technically employed residents as being those who may own recreational vehicles themselves.
Al Caesar explained that his grandson owns a sailboat and cannot afford to store it elsewhere.
Carlo Montisano felt it discriminatory to implement the ordinance and referred to 200 plus signatures obtained.
David Ogden, from CSAA, voiced concern for prohibition of tow trucks in that 20 minute respond time would be compromised and would impact public safety.
Tami Adachi, PG&E, agreed with the safety issue around the ordinance but expressed the company's concern about the prohibition of parking the vehicle at the employees' homes.
Jack Kenny agreed with everyone about the motorhomes and boats but said his concern was with tow trucks needing to be available.
M/S Leipzig/Ira to close the public hearing. The motion passed by a unanimous voice vote.
Council discussion included request for comparison to other counties, concern of prohibition of oversized emergency vehicles, whether to conduct a study session or appoint a new subcommittee, requested ordinance options with no changes to parking on private property.
M/S Ruskin/Claire to extend the Council meeting. The motion passed by a unanimous roll call vote.
M/S Jordan/Leipzig to introduce the second ordinance amending Section 14.70 of Chapter 14 deleting under public nuisance items A2, A6, A8, L and N, adding government property to be regulated and clarification of view over fence issue. The motion failed by the following vote: Ayes: Council Members Ira, Jordan and Leipzig. Noes: Council Members Claire, Hartnett, Vice Mayor Ruskin and Mayor Howard.
Council consensus to bring properly worded ordinance consistent with expressed intent to return to Council as soon as possible with the other areas returning thereafter as soon as reasonably possible.
M/S Leipzig/Hartnett to table the remainder of the agenda to August 23, 1999. The motion passed by a unanimous roll call vote.
B. PUBLIC HEARING on Adopting an Ordinance Relating to Public Dance Permit Fees
This item was continued to the regular meeting of August 23, 1999.
7. MATTERS OF COUNCIL INTEREST - None
8. STAFF REPORTS
A. Abatement of Abandoned Shopping Carts
This item continued to the regular meeting of August 23, 1999.B. Consideration of Amicus Participation -
Gammoh V City of Anaheim (1999) 73 Cal.
App. 4th 186 Council Action:No action necessary.9. CLOSED SESSION - None
10. ADJOURNMENT - 11:15 p.m.
M/S Claire/Leipzig to cancel the meeting of August 16, 1999 and adjourn and reconvene to the Redevelopment Agency meeting in the memory of Larry Mosier and Nelson Brichacek.
The motion passed by a unanimous voice vote by those present.
Respectfully submitted,
Patricia S. Howe, CMC
City Clerk
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