Redwood City City Council Minutes

City Council Minutes
December 6 , 1999

REDWOOD CITY CITY COUNCIL

MAYOR IRA RUSKIN
VICE MAYOR RICHARD S. CLAIRE

COUNCILMEMBER JIM HARTNETT
COUNCILMEMBER DIANE HOWARD
COUNCILMEMBER JEFF IRA
COUNCILMEMBER COLLEEN M. JORDAN
COUNCILMEMBER BARBARA PIERCE

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

CALL TO ORDER - 6:30 p.m.

ROLL CALL

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

Staff Present: City Clerk Howe

1. PUBLIC COMMENT - None

2. CLOSED SESSION - Public Employee Performance Evaluation (Government Code § 54957).

i) Title: City Clerk.

3. RECONVENE IN OPEN SESSION

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

5. ADJOURNMENT - 7:25 p.m.

REGULAR MEETING
7:30 P.M.
DECEMBER 6, 1999

CALL TO ORDER - 7:30 p.m.

ROLL CALL

Council Members Present: Hartnett, Howard, Ira, Pierce, Vice Mayor Claire, Mayor Ruskin
Council Members Absent: Jordan (arrived at 7:32 p.m.)

Staff Present: City Attorney Schricker, City Clerk Howe, Senior Deputy City Clerk Ponte, City Manager Everett, Financial Services Manager Ponty, Financial Services Manager Somers, Senior Civil Engineer Vorametsanti, Senior Civil Engineer Lynch, Community Development Services, Manager Patterson, Volunteer Balsamo

PLEDGE OF ALLEGIANCE - led by Council Member Diane Howard

INVOCATION: Pastor Jeff Langskov, Peninsula Christian Center

7:40 p.m. - Mayor Ruskin recessed the Council Meeting in order to call to order the Board of Equalization Meeting.

7:48 p.m. - The Council Meeting reconvened immediately following adjournment of the Board of Equalization Meeting.

1. SPECIAL ORDERS OF THE DAY - None

2. ORAL COMMUNICATIONS

Jeff Norris thanked the City for Public Works, Fire and Police support of the "Tis the Season" event.

Aaron L'Hoir spoke of a State issue regarding storage of poisons on restaurant premises and the need for rerouting of El Camino and Roosevelt left turn signals.

Paul Sanfilipo requested correction to the City Council minutes of November 22 regarding speed humps.

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 Regular Meeting on November 15, 1999, the Minutes of the Closed Session and Regular Council Meeting of November 22, 1999 (with revisions);

MINUTE ORDER 99-155

B. Motion for final acceptance for the Roosevelt Avenue/Valota Road Storm Drainage Improvement Project, and authorize the release of bonds and retention; (Casey Const.)

MINUTE ORDER 99-156

C. Motion to authorize the expenditure of $2,551.41 to relocate furniture for Code Enforcement;

MINUTE ORDER 99-157

D. Removed from consent. (See item following Consent)*

E. RESOLUTION 13802 RESCINDING RESOLUTION NO. 13752 ACCEPTING BID FOR DREDGING AND CLEANING OF BOX CULVERTS AND SUMPS AT CORDILLERAS CREEK AT INDUSTRIAL WAY; AND DIRECTING RETURN OF BID SECURITY DEPOSIT;

F. RESOLUTION 13803 ACCEPTING BID FOR THE ALAMEDA DE LAS PULGAS AND GOODWIN AVENUE WATERMAIN REPLACEMENT PROJECT; AUTHORIZING EXECUTION OF AGREEMENT FOR SAID WORK; AND DIRECTING RETURN OF SECURITY DEPOSITS; (L. J. Krzich Pipeline Eng.)

G. Reject the claims of Menassa Abinader, Claim No. 1785; Solomon Lopez, Claim No. 1786A, Arturo Garza, Claim No. 1786B as submitted;

MINUTE ORDER 99-158

H. Approve warrants dated through December 6, 1999 and usual and necessary payments through December 13, 1999;

M/S Howard/Hartnett to waive reading of the Consent Calendar except the ordinances by title, adopt the resolutions and the ordinances, and approve other items with revisions to Item A and removal of Item D by Council Member Jordan for discussion. The motion passed by a unanimous roll call vote with Council Member Jordan abstaining on Item G.

D. Council Member Jordan requested a report be brought back on cost and feasibility of televising Council sub-committee meetings. Consensus by Council for discussion at a later date to include impact on general discourse and benefits of televising sub-committee meetings.

M/S Howard/Hartnett to approve continuance of contract to broadcast City Council meetings. The motion passed by a unanimous voice vote.

4. MATTERS OF COUNCIL INTEREST

Council Member Claire requested a report from staff regarding the number of sworn officers budgeted and status of recruitment process for the Police Department. Council Member Ira clarified that conflicting telephone number information has been disseminated and his current telephone number is 780-7553. Council Member Jordan requested for the Council priority setting session that input be sought from Council Members early on and that each Council Member's list be made public rather than only the aggregate vote. Consensus by Council was for the Mayor and Vice Mayor to present a plan early in January for Council consideration as to the process. Council Member Ira urged goals and priorities with costs attached be formulated. Mayor Ruskin responded that a report on the proposed process would be presented on January 10 and that the Council Priority Setting Session is set for Saturday, January 29 (Main Library, Community Room).

5. STAFF REPORTS

Redwood Shores Levee Fencing/Gates Project;

Senior Civil Engineer Voramansanti stressed that the gate and fencing project is part of the Redwood Shores Levee Rehabilitation Project and gave a brief synopsis of the project scope. He explained that action would be to direct staff to call for bids and no construct would occur until the award of contract scheduled to be considered by Council on January 10.

Public Comment:

LaVerne Atherly expressed closing off the levee would be in violation of Deed of Trust and felt that there were many people in Redwood Shores that would take offense to such closing. He stated an idea might be to allow any proposed lawsuits to go forward to clarify the legal issues as to the position the City should take.

Robert Slusser acknowledged the position of the Council and encouraged pressure be placed upon Federal and State legislators to view the situation as the community being treated as predators with mitigation of the people not being a viable option.

John DeVoy, President of a homeowners' association, believes that restricting public access to the levees around the Redwood Shores would be a mistake and that the City should be fighting the public's access to the area.

Pete Hughes suggested hiring a public relations person, a lobbyist, form citizen groups and exercise leadership.

John Curtis encouraged Council to not close the levees and asked that other solutions be explored to arrive at the correct decision.

Clifton Scott suggested Council find an alternative to closing the levee, appreciates the wildlife but urged exploration of all alternatives prior to a decision.

Glenn Kesselman stated that fencing is a mistake and urged collaborating with Fish & Wildlife in finding a creative solution.

Mike Spence stated that the San Francisco Bay Bird Conservatory had presented documentation that shows the existence and importance of the area as endangered species habitat. He stated that the State and Federal government should be commended for their efforts in protecting the San Francisco Bay and that one small area should not be dealt with but rather all treated as being critically interconnected.

Len Sheppard felt it is incumbent upon the Council representing all of Redwood City to take the action necessary to find an acceptable solution to preserve access to the trails and protect the endangered species.

Tonya Light, representing the Bay Area Coalition of Animal Protection Organizations and the Homeless Cat Network, requested City assistance in providing a temporary facility for animals removed from the area in order to protect endangered species.

Robin Smith, President of the Sequoia Audubon Society, whose mission is to protect birds and their habitats, encouraged the Council to comply with the Army Corp of Engineers permit which states that the fencing needs to be in place and the predator management control must be in place.

Craig Breon requested assurance of long term maintenance of the fences once they are up. He stated the goal is to identify the species in tremendous difficulty and get them deleted from the list which can only occur for these species with a greatly increased amount of tidal salt marsh in the south bay.

Ralph Nobles gave an historic background of the situation explaining that the fencing need not be permanent because other restoration projects in progress will make recovery a certainty.

Ruth Horstfall expressed hope that other alternatives might be exercised to protect the endangered species besides the levee closure.

Christa Shaffer strongly opposed the closing of the levee and respects the environment and the endangered species.

Carol Ford, Redwood Shores Homeowners Association, expressed disappointment in the City not obtaining a negotiated settlement which could include setting aside or procuring land in a swap and not fighting for public access. She requested a collaborative effort to figure out how to keep public access.

Nancy Glaser questioned why no concern was shown during development stages and asked whether there may be certain times of the year the levee could remain open.

Mike Mikolasik stated that there may be better solutions and that denying access is unfair, imploring the Council to vote against the fences.

Dr. Bernard Haisch appealed to the Council to allow access to the levee.

Hisham Ghazalli felt limiting access to humans would not be the answer and urged finding other solutions.

Rick Kadet stated he has been very upset with owners of unleashed dogs and asked for enforcement of the current law.

Don Warren. explained that the Bay Conservation and Development Commission, specifically set up to maximize public access to the bay and deal with developers that would normally not have done so. In Redwood Shores, the dedication was made of the levees to the community at large.

Break: 9:30 - 9:41 p.m.

Council Member Jordan made a presentation referring to her memo and gave background information. Council Member Jordan made a motion to table discussion to a future meeting and look at the possibility of a land swap. The motion failed for a lack of a second.

The negotiating committee gave a background of discussion over the last year with Fish and Wildlife on the subject and Council discussion ensued regarding the current situation.

M/S Claire/Hartnett to extend the meeting to 11:15 p.m. The motion passed by a unanimous voice vote.

M/S Claire/Howard to adopt RESOLUTION 13804 APPROVING CONTRACT DOCUMENTS FOR REDWOOD SHORES LEVEE FENCING AND GATES PROJECT; AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR; and instruct staff and the current sub-committee to add a member to begin a negotiation process with the Audubon Society and Fish and Wildlife to seek resolution in order to not put up the fencing and allow bids to be valid for a longer period of time than normal. The motion assumes that if fencing does occur, it will not necessarily be considered permanent. The motion passed by a unanimous roll call vote.
Amendment of Certain Parks and Recreation Area Ordinances;
1. Introduction of Ordinance:
  
  ORDINANCE AMENDING SECTIONS 25.1.9, 25.1.14 AND 25.1.16 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO HOURS OF OPERATION OF PARKS AND RECREATION AREAS, EXCEPTIONS TO PROHIBITION OF DOGS IN PARKS, AND REGULATION OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS, PARK BUILDINGS, OR RECREATIONAL AREAS, RESPECTIVELY;
  
  This item was continued to the regular meeting of December 13, 1999.
Telecommunications Industry Changes and the Effect on Local Government (for information only);

Financial Services Director Ponty provided background information on changes that have taken place in the telecommunications and cable television industries and how the impacts may be expected locally. With respect to RCN's interest in providing cable, phone and Internet access to the City, staff believes that a firm commitment should be obtained to provide service throughout the entire city rather than selected areas. The City further feels RCN should construct a state of the art system and appropriately fund the Public Education and Group Access Channel (PEG) in addition to paying the City the 5% franchise fee to which it is entitled. The City will begin negotiating with RCN and expects to have an agreement back to Council in March or April; however, not before the encroachment issues have been resolved.

M/S Claire/Hartnett to extend the meeting to 11:30 p.m. The motion passed by a unanimous voice vote.

Discussion by Council ensued regarding the likelihood of multiple providers and other cities having dealt with the encasements used to mitigate the corrosive environment.

M/S Claire/Hartnett to extend the meeting to 11:40 p.m. The motion passed by a unanimous voice vote.

Public Comment:

David Hankin, Vice President of Regulatory and Government Affairs for RCN, expressed delight in Pacific Bell and TCI having competition in the market today. He stressed the bundled services provides the ability for the community to receive cable television, high speed Internet access, local service and long distance all in one system with very attractive packages.

M/S Hartnett/Jordan to extend the meeting to 12:00 a.m. The motion passed by a unanimous voice vote.

6. WRITTEN COMMUNICATIONS - None

7. PUBLIC HEARINGS - None

8. BOARDS, COMMISSION AND COMMITTEE REPORTS - None

9. CLOSED SESSION - None

10. ADJOURNMENT - Mayor Ruskin asked that the meeting be adjourned in honor of Jim and Dolores Kason. Jim passed away at his home in Redwood City on November 26 at the age of 93. He was a native of the Armenian region of Turkey, came to America around 1912 and settled in San Francisco. He worked for the railroad for about 46 years, actively involved with the union, was responsible for instituting the safety rules and after retirement, volunteered at the Redwood City Senior Center and was responsible for the senior discounts now given by Redwood City merchants. Dolores had passed away 7 days earlier on November 19. Mrs. Kason was the daughter of Johann Sutter, the founder of Sacramento, born in Mexico and came to the U.S. in 1914. She worked at the Hoover Institute Library from 1995 to her retirement in 1972, was a member of the Redwood City Chapter of AARP and the Fun after 50 Club. Jim and Dolores Kason were married for 71 years and will be missed by their family and friends.

M/S Ira/Hartnett to adjourn in memory of Jim and Dolores Kason until the next meeting (Dec. 13th). The motion passed by a unanimous voice vote.

Respectfully submitted,

Patricia S. Howe, CMC

City Clerk

City Council Minutes December 6 , 1999

City Council Minutes
December 6 , 1999