City Council Minutes

May 22, 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



REGULAR MEETING
7:30 P.M.
May 22, 2000

The City Council Meeting and Redevelopment Agency Meeting were called to order simultaneously. The Redevelopment Agency Meeting began immediately following the Public Hearing section (see separate minutes).


1. CALL TO ORDER - 7:32 p.m.

2. ROLL CALL

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

Staff Present: City Manager Everett, City Attorney Schricker, City Clerk Howe; Senior Deputy City Clerk Ponte, Community Development Services Director Nelson, Library Director Chen, Public Works Services Director Ingram, Economic Development Coordinator Webb, Community Development Services Manager Patterson, Community Development Services Manager LaTorra, Financial Services Manager Somers, Planning and Redevelopment Manager Church, Senior Civil Engineer Vorametsanti, Senior Civil Engineer Lynch, Senior Civil Engineer Chang, Senior Accountant Lennon , Principal Planner Jany, Fire Marshall Vella, Volunteer Balsamo

3. PLEDGE OF ALLEGIANCE - By the Girl Scout Troop #214

4. INVOCATION: Pastor Dennis Logie, Sequoia Christian Church

5. SPECIAL ORDERS OF THE DAY

  1. Proclamation Recognizing the Work of Redwood City's Pride and Beautification Committee;

    Mayor Ruskin narrated along with a video that ran conveying the work that has been led by the Aqua -Terra Citizens Advisory Committee in restoring Redwood City's waterways and shorelines. Mayor Ruskin than called upon Council Member Howard, Fire Marshall Louis Vella, Port Commission Chair Dick Dodge. Council Member Howard recognized members of the Pride and Beautification Committee, Aqua-Terra Citizens Advisory Committee, Port Commission and San Mateo County Health Department in the audience: Bob Hoffman, Rene White, Merrily Robinson, Paul Vega, Louis Vella, Diana Johnson, G.J. Scove, Jeanne Rohm, Gino Gasparini, Karen Ransohoff, Joe Rice and Dean Peterson and Ralph Nobles.

    Mayor Ruskin then proceeded to the surprise special recognition of Bob Hoffman, whose dedication was so great, his purpose so defined and commitment so strong that the group felt his work should be honored. Mayor Ruskin then read a proclamation in his honor and Port Chair Dodge read a proclamation from the Port Commission. Fire Marshal Vella and Council Member Howard gave recognition and acknowledgement to Bob Hoffman.

  2. Proclamation "National Public Works Week":

    Mayor Ruskin read the proclamation while commending and introducing Deborah Nelson, Community Development Director and Peter Ingram, Public Works Services Director. Both thanked the City Council for the recognition and their departments for the work they perform.

6. ORAL COMMUNICATIONS

Carolyn Strawn-Parnell, a longtime Redwood City native, is currently building a floating home at Docktown Marina. She stated this is her chance to own a home in Redwood City and she has invested life's savings and a small inheritance into building the home. She stated the cease and desist order on building puts them under extreme financial hardship. No Federal, State or City laws are being violated. She stated she welcomes participating on any future committee for formulating any laws regarding floating homes. Ms. Strawn-Parnell read a letter dated July 23, 1998 from Senior Building Inspector Juan Garcia and begged Council to allow completion of their home.

Arny Messersmith, a General Contractor, building homes in Docktown Marina stated he is making up rules along the way because there are no rules or regulations regarding construction of a floating house. He invited Council for a tour of the floating houses.

Jamie Hogan thanked the Aqua-Terra Citizens Advisory Committee for the clean up. She expressed pride in the area and supported continued building by Mr. Messersmith toward producing a gateway to Redwood City.

James Parnell stated he is building a 3-story floating home, pays taxes, has a pump out system and is seriously concerned with the environment. He requested help from the Council and invited them out to see the area.

Pat Black has been in Redwood City for 30 years and built a floating home that is housed at the pier and was inspected by contractors during construction. She stated she is environmentally conscious, pumps out each week or more often, uses biodegradable products and only wants the best for the area. She stated she hopes Council will consider the residents' opinion.

Jeffrey Johnson stated he chose this area to live and work due to the Silicon Valley and because of access to the oceans, mountains, cities and state parks. He stated his pride in designing; building and owning his own home in Docktown and invited Council to visit.

David Herbert has lived at Docktown since 1991 and knew of no problem until the recent cease and desist notice. He stated the desire to engage in dialogue with the City Council.

Jennifer Keegan, a floating homeowner, is an architect and engineer by trade and designed and built a home to code, hiring Arny Messersmith as the contractor. She asked her neighbors and community members to stand up in support of the lifestyle on the Redwood City waterways as well as those unable to attend.

James Riley addressed the subject of plankton and the microorganisms that need a clean substrate which calcium carbonate concrete provides.

Jamil Saad, contracted with roofing contractor and returned from a 3 months vacation to a lien on his property. He stated he wants to warn other citizens and requested consideration of the sewer and water charges imposed during the time he was away.

Jim Castellanos stated he was present due to a situation in his neighborhood between he and his neighbor around noise and a stereo system. He stated he is forced to seek recourse with the City for relief. He further stated the method could be in the form of revision of the noise ordinance so the Police Department, if called upon, can respond.

Betty Moran, representing Senior Affairs Commission, Elder Abuse Forum on Wednesday, May 24, 10:00 a.m. at the Veterans Memorial Center, 1455 Madison Avenue. The forum will be conducted with the San Mateo County Adult Protection Services and Redwood City Police. Additionally, on Friday, June 2, 2000 a luncheon will be held at Café Amore where Mayor Ruskin will be the speaker.

Paul Vega urges the City Council and the community to honor Young Latino Leaders on Saturday, June 3, 2000 from 5:00-8:00 p.m. at the Canada College Cafeteria.

Daniela Gasparini, San Mateo County Chamber of Commerce, spoke about Mini Leadership Day, which is a one-day program that discusses various topics effecting the communities of Redwood City through Belmont. Public safety, education, health services and economic development will be discussed. The program is open to the public designed to seek solution to problems, not city by city, but on a regional level. Graduation of the Leadership program and a reception occurs on June 7.

Jeff Spencer, stated he recognized the concerns around Docktown Marina and his concern is regarding maintenance of his property. He requested clarification of the intent of the cease and desist order in relation to interior property maintenance with no exterior health and safety concerns.

Vice Mayor Claire explained that the Building Department had given a report regarding code violations such as meter boxes without meters and the Council formed a committee assigning Vice Mayor Claire as a Council representative. At the first meeting obvious concerns about electrical hook-ups and meters posing possible unsafe conditions. At that meeting, the committee agreed to stop anything that looked at that time to be an unsafe situation and that is how the cease and desist orders began. Vice Mayor Claire stated at this time they should all meet with Building Inspection and decipher exactly why the cease and desist orders went up at the various sites. The report should occur in approximately two weeks.

7. 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.

Mayor Ruskin removed Item:

O. i) Approve by Motion Solid Waste Collection and Recycling Service changes - for discussion at a later date.

Consensus of Council was for each item that will effect the City's expenditures, a fiscal impact be clearly shown.

M/S Jordan/Ira to waive reading of the Consent Calendar except the ordinances by title, adopt the resolutions and the ordinances, and approve other items. The motion passed by a unanimous roll call vote.

A. Approve the Minutes of the Regular Council Meeting of May 8th, 2000;

MINUTE ORDER 00-226

B. Approve by Motion Appointment of Administrative Secretary Above Bottom of Salary Range;

MINUTE ORDER 00-227

C. Approve by Motion Appointment of Senior Accountant Above Bottom of Salary Range;

MINUTE ORDER 00-228

D. Approve by Motion Hiring of Permits Technician Starting at the Second Step of the Salary Range;

MINUTE ORDER 00-229

E. Approve by Motion Task Order #3 to the Agreement with Subsurface Consultants, Inc. for Professional Consulting Services;

MINUTE ORDER 00-230

F. Approve by Motion Jaime Baquero as the Redwood City Representative on the Peninsula Library System's Advisory Board for a term from July 1, 2000 to June 30, 2002;

MINUTE ORDER 00-231

G. RESOLUTION 13898 APPROVING JOB SPECIFICATIONS FOR THE POSITION OF COMMUNITY SERVICES OFFICER;

H. RESOLUTION 13899 APPROVING CONTRACT DOCUMENTS FOR THE 1999-2000 WATERMAIN REPLACEMENT PROJECT; AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR;

I. RESOLUTION 13900 CONDITIONALLY CONSENTING TO ANNEXATION OF TERRITORY TO OAK KNOLL SEWER MAINTENANCE DISTRICT AND APPROVING AND AUTHORIZING EXECUTION OF ANNEXATION AGREEMENT IN CONNECTION THEREWITH (Owners: Ricci);

J. RESOLUTION 13901 CONDITIONALLY CONSENTING TO ANNEXATION OF TERRITORY TO OAK KNOLL SEWER MAINTENANCE DISTRICT AND APPROVING AND AUTHORIZING EXECUTION OF ANNEXATION AGREEMENT IN CONNECTION THEREWITH (Owners Preston);

K. RESOLUTION 13902 AUTHORIZING THE CITY OF REDWOOD CITY TO WITHDRAW FROM AND TERMINATE THE JOINT POWERS AGREEMENT ESTABLISHING THE INTER-CITY TRANSPORTATION SYSTEMS MANAGEMENT AUTHORITY; AUTHORIZING MEMBERSHIP AND PARTICIPATION IN THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE; AND APPROVING AND AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT ESTABLISHING SAID ALLIANCE;

L. RESOLUTION 13903 AUTHORIZING ISSUANCE OF LETTER PERMIT TO WOODSIDE TERRACE A. P. KIWANIS CLUB AND REGULATING USE OF PUBLIC RIGHTS OF WAY, IN CONNECTI0N THEREWITH (CARNIVAL);

M. RESOLUTION 13904 OF INTENTION TO ORDER THE LEVY OF BENEFIT ASSESSMENTS FOR FISCAL YEAR 2000-2001 USING THE ALTERNATIVE METHOD, ESTABLISHING A 5-YEAR BUDGET FOR FISCAL YEARS 2000-2001 THROUGH 2004-2005, ESTABLISHING A MAXIMUM CUMULATIVE ASSESSMENT FOR SUCH 5-YEAR PERIOD AND A MAXIMUM ANNUAL ASSESSMENT FOR SUCH 5-YEAR PERIOD, APPROVING CITY MANAGER'S AND ENGINEER'S REPORTS, RATIFYING FORMATION OF DISTRICT, CALLING PROPERTY OWNERS' ELECTION ON SAID BUDGETS AND ASSESSMENTS, AND PROVIDING FOR NOTICE OF ELECTION AND HEARING THEREON - SEAPORT CENTRE MAINTENANCE DISTRICT;

N. RESOLUTION 13905 OF INTENTION TO ORDER THE LEVY OF BENEFIT ASSESSMENTS FOR FISCAL YEAR 2000-2001 USING THE ALTERNATIVE METHOD, ESTABLISHING A 5-YEAR BUDGET FOR FISCAL YEARS 2000-2001 THROUGH 2004-2005, ESTABLISHING A MAXIMUM CUMULATIVE ASSESSMENT FOR SUCH 5-YEAR PERIOD AND A MAXIMUM ANNUAL ASSESSMENT FOR SUCH 5-YEAR PERIOD, APPROVING CITY MANAGER'S AND ENGINEER'S REPORTS, RATIFYING FORMATION OF DISTRICT, CALLING PROPERTY OWNERS' ELECTION ON SAID BUDGETS AND ASSESSMENTS, AND PROVIDING FOR NOTICE OF ELECTION AND HEARING THEREON - SEAPORT BOULEVARD LANDSCAPE MAINTENANCE DISTRICT;

O. Redwood City/Browning Ferris Industries Agreement:

  1. Commercial Plant Material Collection Program;
    Introduction of Ordinance:

    ORDINANCE OF THE COUNCIL OF THE CITY OF REDWOOD CITY APPROVING AND AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT TO FRANCHISE AGREEMENT WITH BFI WASTE SYSTEMS OF NORTH AMERICA, INC., FOR SOLID WASTE, RECYCLABLE MATERIALS, AND PLANT MATERIALS COLLECTION SERVICES (first reading);

P. Reject claims: Oregon Mutual Insurances Company/Charles Oey, claim no. 1815; Rose Dougherty, claim no. 1819; Janice Duzac, claim no.1820;

MINUTE ORDER 00-232

Q. Approve warrants dated through May 22, 2000 and all usual and necessary payments through June 5, 2000;

MINUTE ORDER 00-233

8. MATTERS OF COUNCIL INTEREST

Council Member Pierce announced that the Council Members have been participating with Redwood City 2000, members of the high school board, elementary school district and the County Supervisors in planning for the future and will provide a report later on.

9. WRITTEN COMMUNICATIONS - None

10. PUBLIC HEARING -

  1. PUBLIC HEARING - Sign Ordinance - Amortization Provisions.
    A public hearing to determine the need for the implementation of Section 3.130 of Ordinance 2161, as per section 5491.1 (a) (1) of the California Business and Professions Code;

    Mayor Ruskin explained that several years ago, Council and other members of the community set out to upgrade the image of Redwood City in the commercial areas by regulating the commercial signage. This process is part of the Council effort to generally upgrade the image of Redwood City, particularly, in commercial areas. The process began in 1998 and there have been many public meetings and hearings with the sign ordinance focus group, public hearings with the Planning Commission, a joint study session with the Council and Planning Commission, the Architectural Review Committee. The new sign ordinance was adopted in June 1999.

    Principal Planner Jany explained this is the final step in the process with several alternatives from which to choose. The new ordinance was given three directives: Make the sign review and approval process simple and convenient for businesses, look for built-in flexibility through the exception and variance process, facilitate the regulation process to make enforcement feasible for dealing with violations and adopt regulations that beautify Redwood City and upgrade the aesthetics. The inventory is done, there are now three types of signs - permitted signs, illegal signs (with no existing permit or possibility of obtaining a legal permit possible), and signs that are non-conforming signs which are not allowed under the current ordinance and which are described under Exhibit 2. Principal Planner Jany recognized the focus group members in the audience, introduced Sign Enforcement Specialist Gary Kelly (hotline telephone no. - 780-7269) and explained the recommendation to begin the primary enforcement effort on Woodside Road, followed by El Camino and then to the remaining portions of the City.
    9:30 p.m. - opened Public Hearing
    Bonnie Miller worked on the committee with staff and supports the process.

    Dan Clapp, a resident for 45 years and doesn't think the regulations or bureaucratic enlargement is because it creates a hardship on the business people to comply with demands. He stated the process creates an environment conducive to corruption and poses subjective esthetic standards. He asked that Council think about other problems that will be created.

    Dave Redfern, has been in business in Redwood City for 43 years and expressed concern regarding regulation of v-shaped signs utilized by automobile dealers. He requested consideration of square footage or frontage of a business on the street vs. the square footage of signs. His pole sign from 1970 that is a landmark of the business is not legal under the new ordinance and he requested consideration.
    9:40 p.m. - closed Public Hearing
    M/S Ira/Howard to close the public hearing. The motion passed by a unanimous voice vote.

    M/S Howard/Ira to adopt option 1a, concluding that the Sign Amortization Provisions (Section 3.130 of the Sign Ordinance are justified as presently specified and direct staff to return with appropriate findings corresponding to the action taken. The motion passed by a majority vote with Vice Mayor Claire voting no.

    M/S Ira/Pierce to adopt Option 1, beginning on Woodside Road and as time permits, enforcement of other types of activities in other areas. The motion was withdrawn by Council Members Ira and Pierce with consensus of Council.

    M/S Ira/Jordan to approach enforcement area by area, Area 1 is El Camino Real, staff to create the entire plan so that all areas are included and an area is finished before the next area begins. A report to be transmitted to Council of the program, in general, in order to monitor the success of the approach. The motion passed by a majority roll call vote with Council Member Hartnett and Vice Mayor Claire voting no.

    MINUTE ORDER 00-234

11. STAFF REPORTS -

  1. Discussion, Possible Action Regarding Adult Business Ordinance;

    Mayor Ruskin explained the original ordinance was passed in an effort to upgrade the image of the City and deal with certain matters. The ordinance contained an amortization clause, allowing a certain length of time to the said business to relocate. An error occurred in the publication process of the ordinance resulting in the exclusion of the amortization clause. City Attorney Schricker has reported back to Council and discussion at this meeting would be surrounding the subject of an amortization clause.

    City Attorney Schricker reminded Council that the public hearing had already been held and closed on April 3, 2000. The Planning Commission made recommendations after holding a public hearing. The provisions of the proposed ordinance affects only one business in the City and the process involved with the ordinance is for the Council to determine whether an amortization clause should apply to the business and if so, what that clause should be. The proposed ordinance also has a provision for extending the amortization clause for good cause. If the Council decides that an amortization period should be established, he recommended considering what duration should be established for any extension of the original amortization period.

    Roger Jon Diamond favored no amortization clause with the idea being that Council could later adopt such a clause if necessary.

    M/S Ira/Claire to introduce AN ORDINANCE ADDING SECTIONS 27.4 AND 27.5 TO ORDINANCE NO. 1130, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF REDWOOD CITY, RELATING TO AMORTIZATION OF NONCONFORMING ADULT ORIENTED BUSINESS USES AND EXTENSION OF TIME FOR TERMINATION OF SUCH NONCONFORMING USES, RESPECTIVELY; to include a 5-year amortization period. A 6-month extension period to be granted only upon further assent of the Council.

    The motion passed by a majority roll call vote with Mayor Ruskin voting no due to a preference for a shorter amortization clause.

  2. Redwood Shores Lagoon Management Plan:

    Director Public Works Services Peter Ingram explained that there is a time around April that the water begins to change and part of the intent of this plan is to make available all the resources throughout the year. The contractor involved has been enormously responsible to both staff and property owners at Redwood Shores. The recommendation is to extend the agreement by 18 months and cross some budget lines with the caveat that the Council has the ability to approve budgets and the contract could be changed due to those decisions. The hope would be to then collaborate with San Mateo and Foster City in coming up with the Tri-City Plan that will then determine which changes if any will be made in the way the City does work.

    M/S Howard/Hartnett to authorize Task Order No. 3 extending agreement with Waterworks Industries, Inc.

    MINUTE ORDER 00-235

    The motion passed by a unanimous roll call vote.

12. BOARDS, COMMITTEE, AND COMMISSION REPORTS - None

13. CLOSED SESSION - None

14. ADJOURNMENT - 11:00 p.m.

M/S Ira/Hartnett to adjourn until the next meeting of June 5, 2000 in the memory of San Mateo Council Member Gary Yates.


Respectfully submitted,

Patricia S. Howe, CMC

City Clerk


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