City Council Minutes

June 12, 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.
June 12, 2000

The City Council Meeting and Redevelopment Agency Meeting were called to order simultaneously. The Redevelopment Agency Meeting commenced immediately following the Regular Council Meeting (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, Community Development Services Director Nelson, Community Development Services Manager Patterson, Community Development Services Manager LaTorra, Planning and Redevelopment Manager Church, Community Development Services Manager Passanisi, Parks, Recreation and Community Services Manager Hover, Public Works Services Director Ingram, Volunteer Balsamo

3. PLEDGE OF ALLEGIANCE - (by Council Member Jeff Ira)

4. INVOCATION - Pastor Dennis Logie, Sequoia Christian Church

5. SPECIAL ORDERS OF THE DAY

1. Proclamation "Welcome to Zhuhai Interns";
   
   Mayor Ruskin explained the Sister City Relationship with the port city Zhuhai and the intern program that has sent the first four interns to Redwood City. He further introduced and welcomed the interns Tang Benxiong, Yu Silhao, Qiu Shi, and Liang Zhaoxiong and read the proclamation.

6. ORAL COMMUNICATIONS - None

7. PUBLIC HEARING -

1. Accessory Dwelling Unit Ordinance;

   Community Development Director Nelson explained she would share the presentation with Principal Planner Passanisi. She stated the staff has proposed options for the ordinance that reflects the Council direction and interests and the community's values. Principal Planner Passanisi described the following staff recommendations for changes:
   

   • Require the property owner to live on the property, either in the main or second unit.
   • Provide for an exception for undue hardship to be granted for a limited term by the Zoning Administrator with regard to owner occupancy.
   • Allow the unit size to be 640 sq. ft., 750 sq. ft., or 850 sq. ft., depending on lot size.
   • Establish a non-discretionary permit process with public notification of the accessory unit's approval.
   • Recommendation: Review and discuss alternative regulations governing accessory dwelling units. Direct staff to prepare Resolution Initiating Proceedings to amend the Zoning Ordinance to correspond to Council's determination.
   • Require the existing garage to remain available for vehicle parking.
   • Propose a 1-year amnesty period for existing illegal units to provide property owners an opportunity to legalize the units under these provisions and bring their units up to health and safety codes. During the amnesty program, the City will waive any inspection fees and fines.
     
     

   Council comments included questioning the rationale for the recommendation that the owner must be an occupant of either the main or second unit, with respect to the accessory dwelling units, questions as to any limitation to the number of people that can occupy the dwelling, what the safeguards are to ensure that the accessory unit does not become a rental duplex, what the enforcement mechanisms are, if garages meet all requirements is a second story allowed on the garage as an accessory unit, if garage is converted to living space, what the requirements are for converted space, questioned how we are measuring up with the ABAG housing element requirement and how this ordinance might assist this goal, and clarification of the amnesty period provision.
   
   Public Comment:
   
   Ed Towle thanked Council for answering most of his questions and athe fact that on street parking is not a provision. To keep with integrity of an R-1 zoned neighborhood, he stated he thought the size should be limited to the present size of 640 square feet and also include a minimum size.
   
   Bob Diaz asked about an approval timeframe for a hardship case and expressed concern about enforcement of parking requirements.
   
   Council Member Howard congratulated Mr. Diaz for being awarded "Crossing Guard of the Year."
   
   Kathleen Mahany thanked staff for a needed forward approach. She also questioned why there is no penalty for not parking in garages and to look at the option of allowing two bedrooms.
   
   Pete Hughes recommended eliminating the requirement for owner occupancy of property with accessory dwelling units except in R-1 zoned parcels, eliminate the covered parking requirement for accessory units, grandfather garage conversions that meet moderate health and safety standards and relax off street parking restrictions such as distance from the street and side property lines.
   
   Marsha Rea spoke in strong support of the proposal and pointed out the strong need for rental housing. She distributed a copy of a publication entitled, "Locked Out". She urged approval of the project and commended staff for the forward approach.
   
   Paul Cohen, La Raza Legal, stated that the ordinance addressed all but the interest of the residents of the illegal secondary units that will fall under amnesty or deemed unlawful. He stated a relocation program is missing and that Daly City has a very effective and simple program that places the responsibility on the owner of the illegal unit. Another concern he raised was in cases of a common heating or water source that could pose potential service issues.
   
   Robert Johnson requested clarification of the amnesty period.
   
   M/S Ira/Howard to close the public hearing. The motion passed by a unanimous voice vote.
   
   Mayor Ruskin proceeded to open discussion to Council and called for motions on each separate recommendation listed on Attachment 7A-11 (related in the recommendations above).
   
   

   1. Owner Occupancy: M/S Howard/Pierce to approve staff recommendation requiring property owners to live on the property in either the main or second unit, allow exception if undue hardship and right to appeal a hardship ruling by staff to the City Council either in the initial hardship ruling or any extension applied for. The motion passed by a majority roll call vote with Council Members Hartnett, Jordan and Vice Mayor Claire voting no.
      
      
   2. Unit Size: M/S Claire/Pierce to accept the recommendations of staff 5,000-5,999 sq. ft. lot area = 640 sq. ft.; 6,000-6,999 sq. ft. lot area = 750 sq. ft. and 7,000 sq. ft. or greater lot area = 850 sq. ft.; limited only to one bedroom. The motion passed by a majority roll call vote with Council Members Hartnett, Ira and Mayor Ruskin voting no.
      
      
   3. Public Hearing: M/S Jordan/Claire to adopt requirement for non-discretionary permit with public notification. The motion passed by a unanimous roll call vote.
      
      
   4. Parking: M/S Claire/Pierce to agree with staff recommendations on the following: One additional parking space for a second unit, can be uncovered, not to allow the parking space to be in the 20-ft. front yard setback, can be tandem, garage must be used for vehicle storage. The motion passed by a majority roll call vote with Council Members Howard and Jordan voting no.
      
      
   5. Concentration: No action taken on this section.
      
      
   6. Amnesty Period: M/S Claire/Howard to adopt the staff recommendation to include stipulation of quarterly reports in order to monitor the progress and institute a 1 year amnesty period for existing illegal units that would have to conform to above requirements. Inspection fees and fines will be waived. The motion passed by a unanimous roll call vote.
      
      

8. BOARDS, COMMISSIONS AND COMMITTEES REPORTS -

1. Ad Hoc Committee - Docktown Marina Follow-Up;
   
   Vice Mayor Claire explained he would focus on a number of discussion items and the topic of most interest being whether the homes under construction would be allowed to continue. The recommendation of the committee was that those houses currently under construction would be allowed to proceed with construction. At this time, there are two houses currently under construction. Vice Mayor suggested he and Council Member Hartnett form an ad hoc committee to explore the legal issues.
   
   Vice Mayor Claire continued that the health and safety issues relating to electrical, plumbing, etc. are to be repaired and brought up to code. Another item of importance for the current owners in the area is that interior maintenance and repair of floating homes will continue and must meet the minimum codes existing in the area. Any additional new construction or barges for floating houses not to be permitted until legal issues are rectified.
   
   Public Comment:
   
   Carolyn Strawn-Parnell stated she would offer her services for any citizens advisory committee for the future.
   
   Kristen Paulson asked how long the "moratorium" would last for the legal issues to be worked out in order to build in the future.
   
   Arny Messersmith brought pictures that show pictures of building floating homes and expressed appreciation of the consideration given on the issue.
   
   Bob Hall stated he is building a floating vessel and seeks to educate the Council and the audience.
   
   Jamie Hogan also had pictures, documents and pamphlets to share.
   
   Jennifer Keegan, Wayne Greenwood and John Kelly all spoke positively of Docktown.
   
   Mayor Ruskin thanked the committee and informed the interested parties that they would be kept informed on the legal issues related to Docktown.
   
   
2. Personnel Committee- City Manager and City Clerk Salaries:
   
   Personnel Committee Chairperson Hartnett stated before the Council was a unanimous recommendation from the Personnel Committee consisting of Council Members Hartnett, Ira and Vice Mayor Claire to adjust the salary of the City Manager by 9.45% effective the first pay period on or after October 1, 1999. As the Executive Management benefits change, the City Manager is to receive benefits of such change. The report contained different and more data than previously used in that it includes information with respect to personnel other than City Managers. In comparable cities, the Assistant City Manager salary as well as the highest paid Department Head, if not the Assistant City Manager, is noted. Additionally, cities were used other than those used in the labor bargaining groups to have the benefit of additional information. The information was gathered under the direction of the Personnel Committee by the City Clerk over a period of time with review by the City Manager.
   
   M/S Hartnett/Pierce to adopt the committee's recommendation and adopt:
   
   
   1. RESOLUTION 13922 AMENDING SALARY SCHEDULE AND COMPENSATION PLAN FOR THE CITY MANAGER;
      
      The motion passed by a unanimous roll call vote.
      
      Personnel Committee Chairperson Hartnett stated the recommendation was a unanimous recommendation by the Personnel Committee that the City Clerk's salary be increased by 13% effective the first pay period on or after April 1, 2000, the anniversary date of the City Clerk's hiring and that the salary range be eliminated. The City Council had set a salary range for the City Clerk intended to provide some predictability in connection with the City Clerk compensation. The Personnel Committee felt that as it is inappropriate to set a salary range for the City Manager, it is inappropriate to set a salary range for the City Clerk. Each employee should be evaluated annually and adjustments made as the City Council sees fit. The data presented to justify the 13% increase shows that the City Clerk's position is, even at the top of the existing range, at somewhat below market. The data in the packet relative to other City Clerk positions was obtained by the Human Resources Director with review by the City Clerk.
      
      M/S Howard/Hartnett to adopt:
      
      
   2. RESOLUTION 13923 AMENDING SALARY SCHEDULE AND COMPENSATION PLAN FOR THE POSITION OF THE CITY CLERK, AND RESCINDING RESOLUTION 13584;
      
      The motion passed by a unanimous roll call vote.
      
      

9. 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.

Items H and O were removed from the Consent Calendar.

A. Approve by Motion Shop Labor Rate Increase - Vehicle Maintenance Services for the Town of Woodside, City of San Carlos and San Mateo County Narcotics Task Force;

MINUTE ORDER 00-240

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

MINUTE ORDER 00-241

C. Approve by Motion Final Acceptance - Alameda de las Pulgas/Goodwin Avenue Watermain Replacement Project and Release Bonds;

MINUTE ORDER 00-242

D. Approve by Motion Final Acceptance - Reimbursement Agreement for Relocating Sprint Communications Company, Inc. for the Jefferson Avenue Underpass Project;

MINUTE ORDER 00-243

E. Approve by Motion Acceptance of Deeds - East Bayshore Road Alignment - Lands of Cargill, Incorporated;

MINUTE ORDER 00-244

F. Approve by Motion Request to Withdraw Appeal from Issuance of Use Permit to Fully Alive Church, and Terminate Appeal Proceedings;

MINUTE ORDER 00-245

G. Motion to Approve Amicus Participation in the case of County of Sonoma v. Commission of State Mandates (No. SCV-221243); (relates to Educational Revenue Augmentation Fund ERAF);

MINUTE ORDER 00-246

I. RESOLUTION 13911 APPROVING CONTRACT DOCUMENTS FOR REMOVAL OF STOCKPILE MATERIAL AT THE END OF MAPLE STREET; AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR;

J. RESOLUTION 13912 ACCEPTING BID FOR FISCAL YEAR 1999-2000 CIVIC FACILITIES PAINTING PROJECT; AUTHORIZING EXECUTION OF AGREEMENT FOR SAID WORK; AND DIRECTING RETURN OF SECURITY DEPOSITS (Arco Painting);

K. RESOLUTION 13913 OF THE COUNCIL OF THE CITY OF REDWOOD CITY APPROVING SUBMITTAL TO THE DEPARTMENT OF CONSERVATION REQUEST FOR FUNDS FOR PROMOTION OF BEVERAGE CONTAINER RECYCLING;

L. RESOLUTION 13914 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND ALL CITY MANAGEMENT SERVICES, INC., FOR CROSSING GUARD SERVICES;

M. RESOLUTION 13915 APPROVING PURCHASE OF 4 USED PASSENGER VEHICLES FOR THE POLICE DEPARTMENT AND 1 USED PASSENGER VAN FOR THE VETERANS MEMORIAL CENTER AND AUTHORIZING EXECUTION OF PURCHASE DOCUMENTS IN CONNECTION THEREWITH;

N. RESOLUTION 13916 13916 APPROVING AND AUTHORIZING EXECUTION OF PURCHASE DOCUMENTS FOR THE PURCHASE AND REPAIR OF 100' AERIAL LADDER TRUCK #8117;

P.

1. RESOLUTION 13917 APPROVING AND AUTHORIZING EXECUTION OF COST SHARING AGREEMENT FOR STORM DRAINAGE JOINT FACILITIES BETWEEN THE CITY OF REDWOOD CITY AND PACIFIC SHORES DEVELOPMENT, LLC;
   
   
2. RESOLUTION 13918 13918 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS ON SEAPORT BOULEVARD;
   
   

Q. ORDINANCE 2192 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 on 5/22/00);

R. ORDINANCE 2193 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 (first reading on 5/22/00);

S. Approve warrants dated through June 12th, 2000 and all usual and necessary payments through June 26th, 2000;

MINUTE ORDER 00-247

M/S Ira/Hartnett 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.

H. Council Member Jordan requested an explanation of the costs associated with the item.

M/S Hartnett/Ira to adopt RESOLUTION 13919 APPROVING CONTRACT DOCUMENTS FOR THE SUPPLY AND INSTALLATION OF IRRIGATION CENTRAL CONTROL SYSTEM; AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR;

The motion passed by a unanimous roll call vote.

O. Mayor Ruskin deferred to City Attorney Schricker who explained that some of the properties to be improved by the developer, Pacific Shores, are not on site and there is no title to the property interests necessary and the agreements have been revised to include clauses necessary to comply with legal requirements of the Subdivision Map Act.

1. M/S Howard/Ira to adopt RESOLUTION 13920 APPROVING FINAL SUBDIVISION MAP OF PACIFIC SHORES CENTER SUBDIVISION, REDWOOD CITY, CALIFORNIA, SUBJECT TO CERTAIN CONDITIONS; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR IMPROVEMENT THEREOF; APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS FOR SAID SUBDIVISION; AND ACCEPTING OFFER TO DEDICATE EASEMENTS, AND ACCEPTING SEAPORT BOULEVARD FOR PUBLIC STREET PURPOSES;
2. M/S Howard/Ira to adopt RESOLUTION 13921 APPROVING AND AUTHORIZING EXECUTION OF INDEMNITY AGREEMENT BETWEEN THE CITY OF REDWOOD CITY PACIFIC SHORES DEVELOPMENT, LLC;
   
   

The motion passed by a unanimous roll call vote.

10. STAFF REPORTS - None

11. WRITTEN COMMUNICATIONS - None

12. MATTERS OF COUNCIL INTEREST

1. Council Salary Discussion;
   
   Vice Mayor Claire stated it has been 10 years since the last City Council salary increase and that there are two types of cities, Charter and General Law. The maximum pay that could be granted at this point is $812.00 per month. He stated he is not proposing that increase, but it would be an average of approximately 4.6% annual increase. The salary survey does not show City payments to Council Members in other cities for meetings attended such as Redevelopment Agency meetings. Vice Mayor Claire stated he thinks it is time to review salaries annually and at least increase the salary to that of some surrounding cities with comparable population.
   
   M/S Claire/Ira to extend the meeting until 11:30 p.m. The motion passed by a unanimous voice vote.
   
   Council comments included the need to deliberate the subject at a future meeting; discussion to include payments for other meetings, and possible flexible plan of benefits or compensation to be used possibly for equipment or other related Council business needs.
   
   Consensus to authorize Vice Mayor Claire to work with the City Clerk and/or any other City staff to obtain the information and assist in preparing the report.
   
   
2. Mayor Ruskin stated that Council Member Hartnett was recently elected Chairperson of City and County Association of Governments (CCAG). San Carlos Council Member Mike King was elected Vice Chairperson. CCAG is an organization consisting of elected representatives of all 20 cities in San Mateo County and the County itself, and Council Member Hartnett is the first Chairperson elected from Redwood City. CCAG determines which City and County transportation projects receive State and Federal money, awards money to cities to encourage residential development near transportation, annually channels substantial amounts of money to cities for removal of abandoned vehicles and negotiates with the State on behalf of all cities to obtain State required storm water runoff permits.
   
   
3. Mayor Ruskin gave an update of the methodone clinic relocation. He stated that the City Council had been adamant that placing the clinic in the annex of the County Historical Museum was not appropriate. He thanked the Board of Supervisors for listening to the Council's concerns and voting to place the clinic in a medical setting.
   
   

13. CLOSED SESSION - 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. Conference with Legal Counsel.

14. ADJOURNMENT - 11:05 p.m.

M/S Howard/Ira to adjourn until the meeting of June 26th, 2000. The motion passed by a unanimous voice vote.

Respectfully submitted,

Patricia S. Howe, CMC

City Clerk

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