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
7:00 P.M.
May 14, 2001
1. CALL TO ORDER - 7:03 p.m.
2. ROLL CALL
Council Members Present: Howard, Ira, Jordan, Pierce, Vice Mayor Claire, Mayor Ruskin
Council Members Absent: Hartnett (arrived at 8:15 p.m.)
Staff Present: City Manager Everett, City Attorney Schricker, City Clerk Howe; Secretary Dale, Financial Services Director Ponty, Senior Civil Engineer Lynch, Community Development Services Manager Passanisi, Volunteers Balsamo and Broyles
3. PLEDGE OF ALLEGIANCE - Jeff Ira, Council Member
4. INVOCATION - Father David Ghiorso (Mt. Carmel Church)
5. SPECIAL ORDERS OF THE DAY - Rosa Perez Proclamation, Woman of the Year
Mayor Ruskin read the proclamation and introduced Rosa Perez. Ms. Perez thanked the Council and stated she valued most the relationships, the contributions to education and how the education work is valued. Ms. Perez introduced her father-in-law who is visiting from Florida.6. ORAL COMMUNICATIONS
Council Member Ira stated that on such a warm day throughout the area, he is thankful for living in Redwood City and reiterated that this is a special place in the Bay Area.
Jane Steward quoted articles from various newspapers regarding noticing surrounding neighbors of proposed development. She read her suggested addition to the already existing ordinances to control the elements in any plan to redevelop liveaboard sites at any marina in Redwood City.
Vice Mayor Claire stated the Council did not adopt an ordinance regarding Docktown Marina but instead, is still considering code issues pertaining to the houseboats at the Marina. He further stated Redwood City has had a notification clause that calls for notification to adjacent property owners of any property changes in the area.
Alexander Montalvo stated that within 48 hours his group obtained 1,992 signatures of community residents who empathize, sympathize or agree with the Peninsula Marina group's petition regarding the overbuilding of the baylands. He further stated that this could also be put in a form of an initiative towards a moratorium against further construction on the baylands. Mr. Montalvo submitted the signatures for the record.
Susan Ledingham stated she is seeking the Council and Glenborough-Pauls' understanding and compassion in helping the people of the Bay Area, especially, those of Redwood City and the Peninsula Marina in their situation. She further stated that the impact in every aspect would affect everyone and its surroundings.
Mayor Ruskin clarified that the question he responded to regarding the towing of a boat related to the citizen's belief that the boat had been illegally towed. That being the case, one would then need to pursue the matter with the Police Department, as the issue would then require investigation into possible criminal activity.
Gayle A. Church thanked the community and the City Council for their involvement in the Relay For Life event on May 19 and 20. She acknowledged many companies for their in-kind donations: Broadvision, Butler Construction, Fitzpatrick Professional Center, Western Innisfree Ventures, Amici Pizza, Key Markets, Starbucks, Fresh Choice, Jamba Juice, Le Boulanger, Lucia's Pizza, Max's, Noah's Bagels, Century Theatres, Movie Groove, Main Street Coffee, Redwood Café Spice Company and others. She suggested anyone wanting more information on the event may call 578-9902 or visit www.cancer.org to learn about Relay For Life events occurring in other communities. She further stated that between the City Fire Department and other employees, had over 50 people involved in the event and raised more money than any other team, a total of $10,336.00.
Council Member Howard thanked Planning and Redevelopment Manager Michael Church and his wife, Gayle; Assistant to the City Manager Magda Gonzales; Parks, Recreation and Community Services Director Corinne Centeno and Fire Chief Ed Montez who led the way in getting everyone involved.
Ernest Minelli, a teacher at Hawes Elementary School, announced the program in place to build playgrounds at schools in Redwood City. Successful builds have occurred so far at Northstar Academy, Henry Ford School and Fair Oaks School. Builds coming up are on Saturday, June 2 at Hawes Elementary School, 366-3122; Saturday, June 9 at Roosevelt School, 369-5597; Saturday, June 16 at Adelante School, 482-5999; and Selby Lane on Saturday, June 23, 368-3996. He further stated that the Redwood City School website has information as well at www.rcsd.k12.ca.us.
Janet Sailor stated she understands that the Council believes the Peninsula Marina issue is a private matter, but that by the first of the month it will become a public matter. She stated that since she read in the newspaper that she would be evicted, the developer's treatment toward the residents has been despicable. She further stated that the developer should have discontinued renting slips to people who came in to the Marina with the intent of staying long term and paid premium prices for their boats. She stated she is again pleading with the Council to help.
Rudy Luca referred to his appearance last week regarding tree planting in front of his house. He commended Mayor Ruskin, Vice Mayor Claire, Council Members, City Manager Everett and staff. He further stated that Public Works Services Superintendent Gordon Mann visited his house and discussed the tree-planting program. The next day two employees planted his tree and did a wonderful job. He continued with the outstanding issues of traffic from Hudson and Vera, west and east to get out of the intersection of Hudson, where severe accidents have occurred. The last issue is the lightpole that has been missing for years between Hudson and Iris, going west on his block.
Jim Weber stated he is the first direct victim of towing and indicated it was a result of having talked at the previous Council meeting. He stated he retrieved his boat at a cost of $1,166.00 and is in the same position as before with no place to place the boat. He further stated he is a 74-year-old semi-retired schoolteacher and cannot live on social security.
Paul Gilbert, representing the Mid-Peninsula Chapter of American Civil Liberties Union (ACLU), requesting Council discontinue the practice the ACLU believes to be unconstitutional and inappropriate. He stated the practice of sponsoring a public prayer, to begin Council meetings, is a violation of the Federal Constitution, the First Amendment principle of separation of church and state. He further stated it violates several sections of the California Constitution and that the ACLU would be sending a formal written request.
Council Member Jordan stated that the prayer is for Council Members and that if deemed inappropriate by the Council, the Council could request to not have prayers. She further stated that observers do not have to participate in the prayer and a religion is not being forced upon anybody.
Georgette Guerra stated she has approximately 40 more signatures to add to the petitions handed in. Some points she made included that the environmental review required will be extensive and she stated the argument that employees of the proposed project will be able to live in the project with no impact on Highway 101 is somewhat ridiculous. She continued reading from her notes.
Mayor Ruskin stated in recent days he had discussion with the Port Commission regarding temporary space for boats, but that there appears to be no available space. He stated he also talked with the head of BCDC who sent letters to all marinas in the Bay Area asking that they consider opening up more slips. No response has been received as yet. He further stated he has requested as recent as this morning that the developer extend the date to vacate.
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.
M/S Ira/Pierce 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 unanimous roll call vote by those present with Council Member Hartnett absent.
7.1 Motions
A. Motion to Approve the Minutes of the meeting of May 7, 2001;
MINUTE ORDER 01-74
B. Motion adopt a temporary "Recycled Water Incentive Rate" for specified irrigation water meters in Redwood Shores;
MINUTE ORDER 01-75
7.2 Section - Agreements/Resolutions
A. RESOLUTION 14227 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR TRAFFIC STUDY/ENVIRONMENTAL ANALYSIS OF 709 WOODSIDE ROAD (Fehr & Peers Associates);
B. Grant of Revocable Permit to Use Space (former Sewage Treatment Plant Site) on approximately two and one-half acres of City-owned land on Maple Street and Amendment to Existing Revocable Permit;
- RESOLUTION 14228 APPROVING AND AUTHORIZING EXECUTION OF REVOCABLE PERMIT FOR USE OF CERTAIN CITY-OWNED REAL PROPERTY (FORMER SEWAGE TREATMENT PLANT SITE - DEALER PARKING GROUP);
- RESOLUTION 14229 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO REVOCABLE PERMIT FOR USE OF CERTAIN CITY-OWNED REAL PROPERTY (FORMER SEWAGE TREATMENT PLANT SITE);
C. RESOLUTION 14230 AUTHORIZING ISSUANCE OF LETTER PERMIT TO PENINSULA CELEBRATION ASSOCIATION AND REGULATING USE OF PUBLIC RIGHTS-OF-WAY IN CONNECTION THEREWITH (4th of July Celebration);
D. RESOLUTION 14231 AUTHORIZING ISSUANCE OF LETTER PERMIT TO POST "NO PARKING" SIGNS TO PROHIBIT PARKING ON CERTAIN STREETS ON AUGUST 5, 2001 DURING THE TOUR DE PENINSULA (San Mateo County Parks and Recreation Foundation Fundraiser);
E. RESOLUTION 14232 AUTHORIZING ISSUANCE OF LETTER PERMIT TO WOODSIDE TERRACE A.M. KIWANIS CLUB AND REGULATING USE OF PUBLIC RIGHTS-OF WAY IN CONNECTION THEREWITH (Carnival);
F. RESOLUTION 14233 APPROVING CONTRACT DOCUMENTS FOR MADDUX PARK PLAY AREA RENOVATION; AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR;
G. RESOLUTION 14234 APPROVING CONTRACT DOCUMENTS FOR THE 2000-2001 WATERMAIN REPLACEMENT PROJECT; AND AUTHORIZING AND DIRECTING ADVERTISEMENT FOR BIDS THEREFOR;
7.3 Claims and Warrants
A. Reject the claims of Louise Figone, claim no. 1901 as submitted;
MINUTE ORDER 01-76
B. Approve warrants dated through May 21, 2001 and usual and necessary payments through June 4, 2001;
MINUTE ORDER 01-77
8. MATTERS OF COUNCIL INTEREST - None
11. PUBLIC HEARING -
- PUBLIC HEARING on Zoning Map Amendment for Property located at 1601 East Bayshore Road;
Planning Manager Passanisi explained the rezoning proposal
Howard/Ira to introduce an ORDINANCE ADDING SECTION 60.23.13 TO ORDINANCE NO. 1130, THE REDWOOD CITY ZONING ORDINANCE, REZONING PROPERTY LOCATED AT 1601 BAYSHORE ROAD IN THE CITY OF REDWOOD CITY FROM THE "TP" (TIDAL PLAIN) TO THE "IR" (INDUSTRIAL RESTRICTED) ZONING DISTRICTS; and to include mature landscaping and an esthetic appearance to all sides of the project.
The motion passed by a unanimous roll call vote.
MINUTE ORDER 01-78
9. STAFF REPORTS -
- Utility Users' Tax;
Financial Services Director Ponty stated that the report would consist of the status of the Utility Users' Tax (UUT) and specifically provide information on the recent increase in the UUT revenues that has been driven by the increases in natural gas and electricity prices. He explained that in 1983, the City Council enacted the UTT, which levied a 5% tax on the consumption of natural gas, electricity, cable television and intrastate telephone calls. The unwritten Council policy has been that the proceeds from the UTT are to be used solely for Capital Projects.
M/S Hartnett/Howard direct staff to provide ordinance changes to adopt a permanent exemption of all households that quality for PG&E's California Alternative Rates for Energy (CARE) program from paying the UUT on natural gas and electricity. The motion passed by a majority roll call vote with Council Member Jordan voting no.
M/S Hartnett/Howard to direct staff to develop a plan to present to Council for consideration on communicating to households and businesses the most effective ways of conserving electricity and gas and the resources available for that process. The motion passed by a unanimous voice vote.
M/S Hartnett/Jordan to direct staff to return with a plan sooner than the previously requested plans, for assisting people by providing use of public facilities should there be blackouts. The motion passed by a unanimous voice vote.
M/S Pierce/Hartnett to direct staff to provide additional information regarding funds to use for rebating and the implications of that. The motion passed by a unanimous voice vote.
M/S Ira/Hartnett to direct staff to provide other alternatives to be utilized to encourage conservation and designate UUT monies for those rebates. The motion passed by a majority voice vote with Council Member Jordan voting no.
- P.G. & E. Bankruptcy Issues (oral report);
City Attorney Shricker explained issue brought about by the bankruptcy filing of P.G. & E. The City's interests are primarily the collection of Utility Users' Tax (UUT) and P.G. & E., on behalf of the City, collects the tax and holds it and remits it to the City periodically. The filing of bankruptcy creates some uncertainties but the legally supportable rule is that in legal bankruptcy proceedings, P.G. & E.'s handling of the UUT is exempt from the use of those proceeds for anything other than the tax. City Attorney Schricker further stated that the City has received a standard notice that the first meeting of the creditors in the bankruptcy proceedings will be held on June 7, 2001. This meeting is required under bankruptcy proceedings, basically, to make preliminary orders and for the court to obtain a general sense of the magnitude of the interest of the various creditors. Although, it is not essential that a potential creditor be represented at the hearing, if not present, that opportunity is eliminated. Because of the potential uncertainties that may arise during the proceedings and possible short response time needed, for purposes of assuring some representation the suggestion would be to retain special counsel.
M/S Hartnett/Howard to retain special legal representation in P.G. & E. bankruptcy proceedings for consultation and attendance at the hearing with a more complete recommendation regarding continuation of the retention. The motion passed by a unanimous voice vote.
10. WRITTEN COMMUNICATIONS - None
11. BOARDS, COMMISSION AND COMMITTEE REPORTS - None
12. CLOSED SESSION - No action reported.
13. ADJOURNMENT - 9:55 p.m.
M/S Jordan/Howard to adjourn to the Closed Session and then to the next Council meeting of June 4, 2001. The motion passed by a unanimous voice vote.
Respectfully submitted,
Patricia S. Howe, CMC
City Clerk
Copyright © 2001. The City of Redwood City. All rights reserved.