City Council Minutes

February 14, 2000

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
6:45 p.m.
January 24, 2000

 

CALL TO ORDER - 6:45 p.m.

ROLL CALL

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

Council Members Absent: Hartnett

Staff Present: City Manager Everett and Human Resources Director Rivera-Pena

1. PUBLIC COMMENT - None

2. SUBJECT

  1. Conference with Labor Negotiator (Gov. Code § 54957.6).
    Agency Representatives - Council Personnel Committee.
    Employee Organizations: Redwood City Management Employees Assoc. and SEIU local.

3. RECONVENE IN OPEN SESSION

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

5. ADJOURNMENT - 7:15 p.m.




REGULAR MEETING
7:30 P.M.
February 14, 2000



CALL TO ORDER - 7:35 p.m.

ROLL CALL

Council Members Present: Howard, Jordan, Pierce and Mayor Ruskin

Council Members Absent: Hartnett

Staff Present: City Manager Everett, City Attorney Schricker, City Clerk Howe; Senior Deputy City Clerk Ponte, Senior Civil Engineer Vorametsanti, Senior Civil Engineer Lynch, Financial Services Manager Somers, Community Development Services Director Nelson, Public Works Services Director Ingram, Community Development Services Manager Patterson, Community Development Services Manager LaTorra, Planning and Redevelopment Manager Church, Community Development Services Manager Passanisi, Associate Planner Riordan, Consultant/Code Review Alexander, Volunteer Balsamo

PLEDGE OF ALLEGIANCE - led by Council Member Diane Howard

INVOCATION: Pastor Dennis Logie, Sequoia Christian Church

1. SPECIAL ORDERS OF THE DAY

Proclamation to the Optimist Club;

Mayor Ruskin acknowledged the Optimist Club for its assistance in enabling the musical and instrumental music program in the Redwood City school district. This program is done in conjunction with the overall music program by the Redwood City Education Foundation. Carol McNamara, instrumental music teacher in the Redwood City school district and Lenora Barnett of the Optimist Club introduced three students present as Carlos McNamara, Lauren Melnikoff and Louise Jabagat. Ms. McNamara thanked the Optimist Club for their second substantial donation.

2. ORAL COMMUNICATIONS

Pete Hughes announced the Peninsula Sunrise Rotary Club is hosting a St. Patrick's Day Irish Night on March 17 to benefit Kainos. The cost is $20.00 per person.

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.

M/S to waive reading of the Consent Calendar except the ordinances by title, adopt the resolutions and the ordinances, and approve other items.

A. Approve the Minutes of the Priority Workshop of January 29th, and Minutes of Regular Council Meeting February 7th, 2000;

MINUTE ORDER 00-185

B. Approve Final Acceptance of the Speed Hump Installation 1998-1999 Project, and Authorize the Release of Bonds;

MINUTE ORDER 00-186

C. Letter regarding Public Access to Crystal Springs Water Shed Area; Motion to approve letter of support for San Mateo County Board of Supervisors Plan;

MOTION ORDER 00-187

D. RESOLUTION 13829 ACCEPTING BID FOR THE 1990-2000 TREE PRESERVATION AND SIDEWALK REPAIR PROGRAM; AUTHORIZING EXECUTION OF AGREEMENT FOR SAID WORK; AND DIRECTING RETURN OF SECURITY DEPOSITS (J.W. Riley & Son);

F. RESOLUTION 13830 APPROVING AND AUTHORIZING EXECUTION OF FUNDING AGREEMENT FOR CONSTRUCTION OF A BAY TRAIL IN REDWOOD SHORES (California State Coastal Conservancy);

G. RESOLUTION 13831 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL ACCOUNTING SERVICES (Susan B. Merrill, CPA);

H. Adopt Resolutions Endorsing Passage of Proposition 12 and Proposition 13;

  1. RESOLUTION 13832 ENDORSING PASSAGE OF PROPOSITION 12, SAFE NEIGHBORHOOD PARKS, CLEAN WATER, AND COASTAL PROTECTION BOND ACT OF 2000;

  2. RESOLUTION 13833 ENDORSING PASSAGE OF PROPOSITION 13, SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION AND FLOOD PROTECTION BOND ACT OF 2000;

I. Approve warrants dated through February 14th, 2000 and usual and necessary payments through February 28th, 2000;

MINUTE ORDER 00-188

The motion passed by a unanimous roll call vote by those present.



E. M/S Howard/Ira to adopt RESOLUTION 13835 ESTABLISHING SUBMITTAL DATE FOR PROPOSED BUDGET FOR FISCAL YEAR 2000-01, SETTING TIME AND PLACE FOR HEARING THEREON, AND ESTABLISHING DATE OF ADOPTION OF THE FINAL BUDGET FOR SAID FISCAL YEAR;

And

Revise Study Session No. 1 date from June 7 to June 5, 2000. The motion passed by a unanimous roll call vote by those present.

4. PUBLIC HEARING

  1. Public Hearing on Zoning Text Amendment Relating to Large Family Day Care Homes:

    Principal Planner Passinisi explained the City currently requires a nondiscretionary permit for large family day care homes. The City grants the permits when certain conditions are met that pertain to providing parking, drop off and pick up areas, fire and State requirements and to be sure there are no health and safety effects on the neighborhood. The current process developed in 1991, acknowledging the need for the day care homes, has no notification requirement for surrounding property owners, no publication requirement, no spacing or concentration requirements, no cost and the permit is obtained over the counter. The Planning Commission and Council subcommittee are recommending a slight recommendation to this process, a required use permit. The use permit requires the City notify property owners within 100 feet and if requested, there could be a formal public hearing. This recommendation occurred because of a large family day care home that used a private access easement over an adjoining property owners lot to access the large family day care home. Another proposal offered was for the applicant to notify surrounding property owners and the City only require proof. Upon proof and agreement to comply with the standard provisions, approval would be granted. Unlike the Planning Commission recommendations, there would be no public hearing or fees associated with the permit. In summary, the approach presented would take less time, be less expensive but still provide notice to the surrounding property owners by the applicant.

    Council questions included explanation of any concerns of the Planning Commission that should be pointed out. A question regarding the appeal process timelines arose and was clarified. Council discussion continued with the subcommittee preference for site visits prior to permit issuance. Further comments included need to provide the applicant with sufficient information regarding requirements, particularly, the notification process. Hand outs of sample letters and explanation of timelines were suggested. State mandate language and reference to requirements having been met to obtain permit was also suggested.

    Public Comment:

    Pam Guardado, stated she was certain this amendment would affect her ability to provide childcare as a large day care home provider. She stated if she were to purchase a home it would mean a significant loss of income if a surrounding property owner objected and her permit were denied. She suggested a concern with the proposed appeal process of surrounding neighbors

    Michele Sartain, representative of the San Mateo Family Day Care Association, is also a concerned Redwood City large family child care provider and was the center of the property dispute which prompted the proposal. She explained the dire need for child care in the area and referred to the State Health and Safety Code section 1597 that insures adequate child care within neighborhood communities of the State's cities. She stated the current nondiscretionary permit process provides a good balance of encouraging home child care while regulating their operation.

    Veronica Glaser stated she was approved 3 weeks ago for a small family day care home and received a letter from Community Care Licensing indicating she would most likely not qualify for a large family day care permit under the proposal.

    David Wolfskill stated be believed the proposed amendment is an improvement but is considerably less improvement than the recommendation coming from the Planning Commission. He further stated his perspective that the Canyon Road dispute was not "minor" and he supported the Planning Commission recommendation because it could protect against innocent neighbors being blindsided by an applicant who might fail to take other concerns into consideration. He summarized his letter provided to the Council and Clerk dated February 14, 2000. He encouraged Council to consider the prospectives from which people express themselves.

    Alice Bussiere, Managing Attorney of Child Care Law Center, supported the staff recommendation. She stated her agency works with cities to develop zoning processes so as to not cause any unnecessary barrier to providing child care and that Redwood City's ordinance is used as an example for others. She further stated a requirement to provide notice but not to require a full use permit process is a good balance.

    Diana Walter, political analyst representing Small Family Day Care Association, stated she was concerned about the first step in the journey. She explained the need and service provided and asked that Council not over regulate.

    Lillian Clark, a parent in the city, whose daughter was displaced when Selby Lane shut down the day care center. She stated she removed her daughter from Selby Lane in order to find day care. She expressed the importance of keeping the barriers down and involving the providers in a community effort toward a solution.

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

    Council questions included what number of complaints had been received and how many family day care centers exist in the City. Principal Planner Passinisi answered zero to one is the number of complaints received and Ms. Anderson responded that there are approximately 110. Clarification on the grounds for denial of a permit was requested and City Attorney Schricker responded that traffic, space and noise, building structural and fire safety standards must be met. The point was made by former Mayor Howard that other complaints had been received that were resolved by talking with the neighbors.

    M/S Ira/Claire to introduce an ORDINANCE AMENDING SECTION 2.21.1 (c) OF ORDINANCE NO. 1130, THE REDWOOD CITY ZONING ORDINANCE RELATING TO FAMILY DAY CARE HOMES;

    And

    Staff to work with Alice Bussiere in crafting a letter/packet to be used in notifying surrounding neighbors and provide explicit direction to applicants of the necessary steps required to obtain the permit.

    The motion passed by a unanimous roll call vote by those present.

5. STAFF REPORTS

B. Service Agreement with the Department of Agriculture ( FY 2000) - Redwood Shores Levee Improvement Project;

Senior Civil Engineer Vorametsanti explained the subject to be another of the conditions put on extension of an existing permit by the Army Corps of Engineers.

Council Member Jordan clarified that this was an extension of a contract with the Department of Agriculture to kill the raccoons, skunks, cats and red fox out in the levees around Redwood Shores. She requested the results of the meetings with Fish and Wildlife be stated. Mayor Ruskin responded his assumption is that the results reached through the deliberations between the Federal Government and the Animal Protection Coalition will still hold, whereby, a different fate was enabled for the cats, raccoons and skunks, but unable to find a different fate for the red fox. He continued that he felt the negotiations did achieve result and that the changes will apply.

Senior Civil Engineer Vorametsanti stated he had been in contact with Tonya Light and asked her to compose a memorandum of understanding for execution by the various agencies that are a party to the effort. Additionally, Ms. Kelly of the Peninsula Humane Society who is the recipient of many of these animals and both have stated they are deligently working on the memorandum of understanding and when completed, they will obtain agreement from the agencies.

Council Member Jordan requested a delay until February 28 to allow enough time for the Bay Area Coalition of Animal Protection Organization to get the memorandum of understanding on the desk of Fish and Wildlife with approval of the agreement by Council to occur simultaneously.

Council discussion ensued regarding postponing the item.

Public Comment:

Tonya Light, Bay Area Coalition of Animal Protection Organizations, clarified that the organization has not delayed in getting their understanding of the agreement together and has been operating under the assumption that there has been an agreement for well over a year and has been removing animals from that site in a humane manner since then. Recently, Fish and Wildlife staff has notified BACAPO that they have changed their opinion of what would be acceptable in the agreement, and there has been no confirmation of the understanding. This is the reason for concern about a memorandum of understanding. She further stated that the next day, BACAPO would be drafting their version of the understanding that they have been operating under for the past year and faxed to the member organizations of BACAPO for approval with the copy to work from distributed by Friday, February 18.

Patricia Dixon referred to October 1998 at Sandpiper School when Ken Sanchez stated there would be no killing of the raccoons and skunks, and that they would be transported to the Humane Society. She stated she would like the issue brought up to him by City Manager Everett. Ms. Dixon requested Council not vote until the memorandum of understanding was completed and reminded Council of the February 18 deadline for a letter to be received regarding the Crystal Springs watershed.

Council comments included desire for language to be included in the resolution clarifying the understanding.

M/S Ira/Claire to adopt RESOLUTION 13835 APPROVING AND AUTHORIZING EXECUTION OF COOPERATIVE SERVICE AGREEMENT TO CONDUCT PREDATOR DAMAGE MANAGEMENT ACTIVITIES ON REDWOOD CITY PROPERTIES IN THE REDWOOD SHORES PENINSULA (Redwood Shores Levee Improvement Project);

And Stated the desire for a confirmation from Fish and Wildlife service that they have or are about to enter into a memorandum of understanding which provides for the predatory removal, in a humane fashion, in the manner described previously.

The motion passed by a majority roll call vote with Council Member Jordan voting no and Council Member Hartnett absent.

9:35 p.m. - 9:50 p.m. - Recess

A) Council Priority Session Wrap Up;

Mayor Ruskin explained the process of Council ranking the objectives under each priority area. City Manager Everett explained the ranking process and stated the objectives would be linked to categories such as CIP, ongoing, new program or policy. A study session to continue discussion on the priorities was scheduled for March 6 at 5:00 p.m. at City Hall.

Pete Hughes stated he thought prior to the January Priority Session, codes were considered a priority but did not end up on the list and requested consideration.

Melanie Thompson spoke about the Redwood City Elementary School District C.A.R.E. Initiative.

C) Shopping Cart Ordinance, Shopping Cart Retrieval Program, and a Public Education Program;

Community Development Services Director Nelson explained that Council received a report in August 1999 and staff was directed to work with retailers and return with a proposal for a retrieval service.

John Handley, Northern California Grocers Association, thanked Council and staff for the opportunity to formulate a cooperative agreement.

M/S Ira/Howard to introduce an ORDINANCE REPEALING ARTICLE VI OF, AND ADDING ARTICLE VIII TO, CHAPTER 14 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO ABATEMENT OF ABANDONED SHOPPING CARTS;

The motion passed by a unanimous roll call vote by those present.

D) Irvine Apartment Communities, Traffic Mitigation Agreement:

Associate Planner Riordan explained the agreement.

M/S Ira/Pierce to adopt RESOLUTION 13836 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR THE FUNDING OF OFF-SITE ROADWAY IMPROVEMENTS RELATING TO EAST BAYSHORE ROAD AND THE EXTENSION OF EAST BAYSHORE ROAD ( Irvine Apartment Communities Residential Marina Project);

The motion passed by a unanimous roll call vote by those present.

E) Agreement for Consultant Engineering Services - Bayshore Road Widening:

Senior Civil Engineer Lynch explained the issue before the Council.

M/S Claire/Ira to adopt RESOLUTION 13837 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES IN CONNECTION WITH THE BAYSHORE ROAD WIDENING PROJECT (Nolte and Associates);

The motion passed by a unanimous roll call vote by those present.

6. WRITTEN COMMUNICATIONS - None

7. BOARDS, COMMISSION AND COMMITTEE REPORTS - None

8. MATTERS OF COUNCIL INTEREST

Council Member Pierce delivered a report from the representative Council Members on the Ad Hoc Edgewood Park Traffic Committee with recommendations to be agendized for discussion and voting on February 28.

Council Member Howard requested Council endorsement of her application to the Water Transit Authority Board. Council consensus was for Mayor Ruskin to send a letter of endorsement to Governor Gray Davis to consider appointing Council Member Howard to the Water Transit Authority Board.

Council Member Jordan questioned when the issue of the hunting ordinance would be considered by Council.

Mayor Ruskin announced two visioning meetings of the San Mateo Board of Supervisors on February 15 and 17.

9. CLOSED SESSION - None

10. ADJOURNMENT - 10:55 p.m.

M/S Ira/Howard to adjourn until the regular meeting of February 28, 2000. The motion passed by a unanimous voice vote by those present.


Respectfully submitted,

Patricia S. Howe, CMC

City Clerk


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