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
6:00 p.m.
MARCH 13, 2000
CALL TO ORDER - 6:00 p.m.
ROLL CALL
Council Members Present: Hartnett, Howard, Ira, Jordan, Pierce, Vice Mayor Claire and Mayor Ruskin
Staff Present: City Manager Everett; City Attorney Schricker; Human Resources Director Rivera-Pena
1. PUBLIC COMMENT - None
2. CLOSED SESSION -
- A. Conference with Labor Negotiator (Gov. Code § 54957.6).
City Negotiations: Council Personnel Committee.
Employee Organizations: Redwood City Management Employees Assoc. and SEIU local 715.- 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.
negotiations.Conference with Legal Counsel.3. RECONVENE IN OPEN SESSION
4. REPORT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
5. ADJOURNMENT - 7:00 p.m.
REGULAR MEETING
7:30 P.M.
MARCH 13, 2000
CALL TO ORDER - 7:30 p.m.
ROLL CALL
Council Members Present: Hartnett, Howard, Ira, Jordan, Pierce, Vice Mayor Claire, Mayor Ruskin
Staff Present: City Manager Everett, City Attorney Schricker, City Clerk Howe, Senior Deputy Clerk Silvia Ponte, Fire Chief Montez, Public Works Services Director Ingram, Financial Services Director Ponty, Parks, Recreation and Community Services Director Griffiths, Parks, Recreation and Community Services Manager Centeno, Principal Planner Passinisi, Community Development Director Nelson, Community Development Services Manager Patterson, Senior Civil Engineer Chang, Special Projects Contractor Harang, Volunteer Balsamo
PLEDGE OF ALLEGIANCE - led by Vice-Mayor Dick Claire
INVOCATION: Pastor Richard Barraza, Foursquare Gospel Church
1. SPECIAL ORDERS OF THE DAY
Proclamation - Fire Department
Mayor Ruskin read the proclamation honoring seven Redwood City employees for their heroic effort that saved a life. Fire Chief Montez introduced Fire Captain Steve Krause who relayed the story of the event. Captain Krause stated that an emergency medical call was dispatched and while responding, various staff members of Red Morton Center began CPR, directing the Fire Department to the site and obtaining medical history on the patient. He continued that it is very unusual to encounter such a display of employee response to such a medical emergency. Captain Krause, on behalf of the Redwood City Fire Department, thanked and commended the following employees: Jacob Anderson, Chris Beth, Rona Goldstein, Adilah Haqq-Smith, Patty Potter, Eric Newby and Joanne Sanchez.
Proclamation - Electronic Arts Donation
Mayor Ruskin read the proclamation and thanked Electronic Arts for their generous grant toward the purchase of a thermal imaging camera which allows firefighters to conduct searches in smoke filled environments or under low light conditions.2. ORAL COMMUNICATIONS
David Pedersen requested an update on the proposed skateboard park.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 Ira/Howard 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 Closed Session and Regular Council Meeting of February 28, 2000;
MINUTE ORDER 00-194
B. Motion to Approve Change Order No. 4. - Hoover Pool and Bath House Renovation Project;
MINUTE ORDER 00-195
C. Motion to Approve Final Acceptance - Lido Neighborhood Unit No. 1 Subdivision;
MINUTE ORDER 00-196
D. Motion to Approve Purchase of an International Safety Instruments Vision Three Thermal Imaging Camera;
MINUTE ORDER 00-197
E. RESOLUTION 13846 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR FAIR OAKS COMMUNITY CENTER CHILD CARE FACILITY EXPANSION PROJECT (The Redwood City Child Development Program);
F. RESOLUTION 13847 ACCEPTING BID FOR PENINSULA NO. 1 WATER TANK REHABILITATION PROJECT; AUTHORIZING EXECUTION OF AGREEMENT FOR SAID WORK; AND DIRECTING RETURN OF SECURITY DEPOSITS (Robison-Prezioso, Inc.):
G. i) RESOLUTION 13848 OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY APPROVING AN ACQUISITION AND FUNDING AGREEMENT RELATING TO CITY OF REDWOOD CITY COMMUNITIES FACILITIES DISTRICT NO. 2000-1 (Pacific Shores Project);
ii) RESOLUTION 13849 OF INTENTION OF THE CITY COUNCIL OF CITY OF REDWOOD CITY TO FORM A COMMUNITY FACILITIES DISTRICT AND LEVY TAX IN, AND APPROVING BOUNDARY MAP FOR, CITY OF REDWOOD CITY COMMUNITY FACILITIES DISTRICT NO. 2000-1 (Pacific Shores Project);
iii) RESOLUTION 13850 OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY STATING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN CITY OF REDWOOD CITY COMMUNITY FACILITIES DISTRICT NO. 2000-1 (Pacific Shores Project);H. RESOLUTION 13851 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR SHOPPING CART RETRIEVAL SERVICES (Scott Junior Shopping Cart Service);
I. ORDINANCE 2188 AMENDING SECTIONS 13.2 AND 13.4 OF ORDINANCE NO. 1130, THE REDWOOD CITY ZONING ORDINANCE RELATING TO CN (NEIGHBORHOOD COMMERCIAL) DISTRICT (introduced on 1/24/00);
J. Reject the claim of Michala Brown-Smith claim no. 1801; Catherine Erdozaincy, claim no. 1802;
MINUTE ORDER 00-198
K. Approve warrants dated through March 13th, 2000 and usual and necessary payments through March 27th, 2000;
MINUTE ORDER 00-199
The motion passed by a unanimous roll call vote by those present.
4. MATTERS OF COUNCIL INTEREST
- Council of Mayors: Vote for Reconsideration.
Mayor Ruskin brought up the issue of changing the procedure for voting of the San Mateo City Selection Committee of the Council of Mayors. Mayor Ruskin gave an example of a deadlock in voting and requested Council consider revising the procedure. Consensus was for no reconsideration of previous directive.5. STAFF REPORTS
A. Appeal of Zoning Administrator's Decision to Grant a Use Permit for a Church at 1406 Radio Road:
Recommendation: To uphold the Decision of the Zoning Administrator to Grant a Use Permit for a Church at 1406 Radio Road;
Principal Planner Passinisi stated staff received an application for a use permit for a church at 1406 Radio Road. The site was previously a radio station site with the main building on Radio Road and accessory buildings in the rear of the property. The property is located on a recently adopted Redwood Shores Bayfront Zoning District and a church use requires a conditional use permit. The use permit was granted subject to numerous conditions including restricting the activities of the church to certain times, paying a one-time traffic fee, prohibiting commercial childcare, requiring the removal and clean-up of all former radio equipment, antennae, etc.
The use permit is being appealed by the Redwood Shores Owners' Association (RSOA) citing the RSB District requirement of preparation of a specific plan. The RSB District does state that a specific plan must be prepared prior to any development on the site. It also states that the specific plan must cover the entire RSB zoing district which includes the KNBR site to the north and the SBSA site to the south. It is staff's opinion that a specific plan is not required for the church use. As stated in the City Attorney's opinion, included in the packet, the specific plan requirement only applies to new construction and because the church use does not represent new development, a specific plan would not be necessary. The church plans occupy only existing structures and will not be expanding beyond the upland or developed area of the site. Mr. Passinisi continued that a specific plan would be beneficial if there was new development on the church and the adjoining properties so that the City could see the relationships of the buildings, the roads and all the infrastructure. However, KNBR has stated that it has no plans to build on their property to the north, nor does SBSA have any interest in building out on their property. There is a condition in the use permit, that any expansion of the church would trigger a specific plan.
In conclusion, staff believes that Council should uphold the decision of the Zoning Administrator and that no specific plan be required for church use.
Council questions were addressed concerning definition of area plan and specific plan, the intent of the ordinance and questions about infrastructure work needing to be done.
City Attorney Schricker made a statement with respect to the representative of the owner of the property, the Fully Alive Church. He stated the counsel representing the client, formerly represented the City of Redwood City in context of the Corps of Engineers permit for the levee project. They ceased represention sometime in 1995-1996, but as a matter of disclosure, they chose to remind the City of that fact. Upon review, Mr. Schricker found no legal conflict of interest in the particular context of this appeal. The appellant, Scott Eckardt, representing Redwood Shores Owners' Association, stated the RSOA is appealing the decision because the Zoning Administrator has approved a use permit on the property without the specific plan as required on the RSB zoning ordinance. He further referred to the Government Code 65451 and reminded the Council it voted into law the ordinance in May of 1999. He also read a letter from a member of the RSOA.
The Fully Alive Community Church attorney, Anne Mudge, spoke in support of upholding the denial of the appeal. The issue is a legal one regarding whether the reuse of an existing structure constitutes development within the meaning of Section 28.1 of the zoning ordinance. She concurred with both the staff report and the City Attorney's memorandum that the reuse of an existing structure does not trigger the need for a specific plan.
Mike Gibson, speaking on behalf of the RSOA, explained that the specific plan is the City's policy just as the General Plan is. The interest of the task force was to make some sense of the various uses in the RSB district. The area was considered "raw" and the purpose of the specific plan was to create development standards.
Leo Rollins stated that Council should ask Him, our Lord, what to do.
Mayor Ruskin read a letter from John J. Murray dated March 9, 2000 in support of granting the appeal to the RSOA.
Frank Deighan requested Council uphold the appeal and urged them to work out a compromise.
Terry Anderlini urged deferral of action for 60 days.
John Murphy recommended a third alternative to uphold the appeal at this time and delay further action until all property owners in GID 164 and other concerned residents within the improvement district have been informed of the appeal details.
Mayor Ruskin read a letter from Donna M. Zacamy dated March 11, 2000 urging denial of the permit.
The following speakers spoke in opposition of upholding the Zoning Administrator's decision to grant the use permit: Patricia Dixon, Lynn Kathleen Adams, Elmer S. Orlick, Jeffrey Gee. Both Carol Ford and Mary Morrissey Parden demanded a specific plan be required and Ms. Parden responded to several previous comments.
The following speakers spoke in support of upholding the Zoning Administrator's decision to grant the use permit: Rod Almeria, Scott Owens, Kimberly Eng Lee, Yukie Calhoun, Joe Stennet, David Conklin, Chris Fennick, Debra Virga, Gina Savage, Scott Foreman, Teresa A. Craven, David Stuart, Jerry Williamson, Kevin Birmingham, Daniel Watters, Tim Yee, Rich Hegeman and Adam Kim.
M/S Ira/Howard to close the public hearing. The motion passed by a unanimous voice vote.
Council questions included request for definition and clarification of development and specific plan. Further questions related to whether there was any legal reason to deny or grant the appeal that night.
In response to the following motion, the parties involved were given an opportunity to respond:
Scott Owens, asked that Council not put off the decision and by advice of counsel requested that ground rules be specified for compromise. He further asked that Council be sensitive to the uniqueness of their specific situation as a church and the financial constraints involved.
Eddie Peebles, Regional Representative of Far East Broadcasting and current property owner, clarified a decision tonight is expected.
M/S Claire/Ira to extend the meeting to 11:30 p.m. The motion passed by a unanimous voice vote.
M/S Ira/Jordan to delay up to 60 days to allow an opportunity for Council to obtain additional information about the specific plans and how it might apply in this case to aid in interpreting the ordinance. Additionally, the parties would have an opportunity to meet and confer. Vote on the motion: Ayes: Hartnett, Howard, Ira, Jordan, Pierce, Mayor Ruskin. Noes: Vice Mayor Claire. The motion passed.
M/S Claire/Hartnett to extend the meeting to 12:00. The motion passed by a unanimous voice vote.
B. Fiscal Year 1999/2000 Mid-Year Budget Adjustments;
Financial Services Director Ponty gave an overview of the budget adjustments and answered any questions.
M/S Ira/Howard to introduce an ORDINANCE APPROPRIATING SPECIFIED AMOUNTS FROM DESIGNATED UNAPPROPRIATED FUND BALANCES TO SPECIFIED APPROPRIATIONS, CANCELING CERTAIN APPROPRIATIONS, AND TRANSFERRING SPECIFIED AMOUNTS FROM DESIGNATED APPROPRIATIONS TO OTHER SPECIFIED APPROPRIATIONS; ( 1999/00 Mid-Year Budget Adjustments)
The motion passed by a unanimous roll call vote.
C. Capital Improvement Program (CIP):
Recommendation: Review and Provide Direction to Staff on Priorities for Funding the Capital Improvement Program.
By consensus this item was continued to a later date.6. WRITTEN COMMUNICATIONS - None
7. PUBLIC HEARING - None
8. BOARDS, COMMISSION AND COMMITTEE REPORTS - None
9. CLOSED SESSION - None
10. ADJOURNMENT - 12:00 a.m. in honor of Bernadette Bunnag of Woodside High School who passed away on March 10 following an automobile accident after a basketball game. Ms. Bunnag was known for being a much loved senior and always smiling. She read announcements over the public address system each morning at Woodside High and was a clarinet player in the school's jazz band.
M/S Hartnett/Pierce to adjourn until the meeting of March 27, 2000. The motion passed by a unanimous voice vote.
Respectfully submitted,
Patricia S. Howe, CMC
City Clerk
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