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
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
OCTOBER 22, 2001
1. CALL TO ORDER - 7:02 p.m.
2. ROLL CALL
Council Members Present: Hartnett, Howard, Ira, Jordan, Pierce, Vice Mayor Claire
Council Members Absent: Mayor Ruskin
Staff Present: City Manager Everett, City Attorney Yamamoto, City Clerk Howe; Senior Deputy City Clerk Ponte, Financial Services Director Ponty, Fire Chief Montez, Human Resources Director Rivera-Peña, Recreation and Community Services Superintendent Hover, Police Chief Bolanos, Project Planner Kelly, Principal Planner Jany
3. PLEDGE OF ALLEGIANCE - Jeff Ira, Council Member
4. INVOCATIONS - Pastor Dennis Logie, Sequoia Christian Church
5. SPECIAL ORDERS OF THE DAY - None
6. ORAL COMMUNICATIONS
Paula Uccelli, President of Redwood City International, stated the organization promotes cultural, educational, business and interpersonal exchanges through the sister city relationship. Earlier this year, a poster contest was held with the sister cities of Zhuhai, China and Colima, Mexico. The theme of the contest was "Images of My City" with 70 student participants from the elementary schools in Zhuhai and Colima. Unfortunately, the Colima poster submittals were not received in time to be displayed on the RCI 2002 calendar, but will be on display at the Redwood City Art Center. Ms. Uccelli presented Council with a calendar and stated that they are on sale for $5.00 at the Redwood City Art Center, San Mateo County Historical Museum and City Hall. She also stated anyone interested in joining and participating in Redwood City International could call her at 366-0922.
7. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine by the City Council and are enacted by one motion and one vote. There is 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 calendar and considered in its normal sequence on the agenda.
M/S Hartnett/Howard 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 by those present with Mayor Ruskin absent.7.1 Section - Motions
A. Approve a motion authorizing the City Manager to execute a revocable permit with Pacific Bell for the placement of an antenna on a street light pole located at the intersection of Farmhill Blvd. And Emerald Hill Road;
MINUTE ORDER 01-152
7.2 Section - Agreements/Resolutions
A. RESOLUTION 14398 ESTABLISHING AND ADOPTING SALARY RANGES AND RELATED COMPENSATION PLANS FOR POSITIONS OF EMPLOYMENT WITH THE CITY OF REDWOOD CITY INCLUDED IN THE EXECUTIVE MANAGEMENT CLASSIFICATIONS, AND RESCINDING PARAGRAPHS 1 AND 2 OF RESOLUTION NO. 13877;
B. Authorization to submit applications to the State of California for Proposition 12 Grant Funds:
- RESOLUTION 14399 APPROVING THE APPLICATION TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000;
- RESOLUTION 14400 APPROVING THE APPLICATION TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000;
7.3 Section - Claims and Warrants
A. Approve warrants dated through October 22, 2001 and usual and necessary payments through November 5, 2001;
MINUTE ORDER 01-153
7.4 Section - Ordinancs (Second Readings)
- ORDINANCE 2218 AUTHORIZING EXECUTION OF DEED OF CONVEYANCE TO THE REDEVELOPMENT AGENCY OF THE CITY OF REDWOOD CITY (561-563 DOUGLAS STREET) (first reading on October 8, 2001);
- ORDINANCE 2219 AMENDING DIVISION 4, ACTICLE VII, OF CHAPTER 20 OF THE CITY OF REDWOOD CITY MUNICIPAL CODE BY ADDING SECTION 20.133 GROUNDS FOR SUSPENSION OF MAXIMUM PARKING PERIODS AND METER RATES (first reading on October 8, 2001);
- ORDINANCE 2220 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE GOVERNMENT CODE SECTION 20042 (ONE-YEAR FINAL COMPENSATION) FOR LOCAL MISCELLANEOUS MEMBERS AND RESCINDING ORDINANCE NO. 2210 (first reading on October 1, 2001);
8. MATTERS OF COUNCIL INTEREST -
- Presentation by Redwood City Police and Fire Departments on City Readiness;
Police Chief Bolanos explained efforts toward preparedness that include countywide training on dealing with terrorist incidents and suspicious packages. Daily updates are received from the County Office of Emergency Services and weekly communication from the FBI.
Fire Chief Montez stated the Office of Emergency Services has coordinated planning, preparation and training for the 20 San Mateo cities. He stated all firefighters have received countywide training and are recognized as first responders to hazmat calls. He further stated the 20 cities are linked by phone and with hospitals for data exchange.
- Council Member Howard stated that she had recently visited with family and friends in New York City. She explained that she had asked any City employee who wished to send a message to New York City could do so. She delivered letters and messages along with a check from the Police Officers Association to the New York City Police Department who shared it with other departments. Council Member Howard thanked everyone who contributed on behalf of New York City commenting that the messages and donation were very much appreciated.
9. STAFF REPORTS - None
10. WRITTEN COMMUNICATIONS - None
11. PUBLIC HEARING -
- Public hearing on the appeal of the decision made by the Architectural Review Committee (ARC) to deny an architectural permit exception to the Sign Ordinance for a freestanding sign at 3600 Rolison Road/1251 Annette Avenue;
7:22 p.m. - Council Member Hartnett stated that in the past his law firm has provided legal representation to the appellant. He recused himself and left the dais.
Principal Planner Jany explained the background leading to the denial of the architectural permit exception by the Architectural Review Committee. He stated that although the property was not yet scheduled for business signage evaluation, the application for a use permit triggered the sign compliance review. He cited the application history and the reasons for the Architectural Review Committee not making the findings to grant a sign permit exception.
Project Planner Kelly gave a review of the City's sign code enforcement process and the effect on Redwood City businesses.
Special Counsel Francois Sorba stated that the City has a right to have an ordinance, however, certain requirements must be met. If the sign is off site, it must comply with Caltrans requirements and the code provides that a city has a right to enact ordinances, provided that they are zoning ordinances.
Dan Clapp, attorney representing the appellant Nano Maldonado, stated that the request of exception to the sign ordinance is based on the grounds of survival and necessity. He continued to use a PowerPoint presentation to present the appeal. He stated the sign has an 11-second exposure either north or south on Highway 101. He stated that when Mr. Maldonado purchased the property in 1990, the fence was a chain link fence and afforded the possibility of obtaining business from the freeway but is now replaced with a soundwall.
He stated that people affected by the sign in Redwood City that were asked by petition at various stages had approved of the sign. He reminded Council that tenants are very difficult to find and he read a quote from the Chronicle referring to the economy in the San Francisco Bay Area. He stated that Section 5499 of the Professional Business Code pertaining to on premises advertising prohibits removal where special topographic circumstances result in a material impairment of visibility of a display or the owner's ability to adequately and effectively continue to communicate with the public through the use of the display. He stated that the law coupled with the necessity to survive and the existing conditions delineated justify an exception to the sign ordinance.
Nano Maldonado gave the background to his appeal and stated he has tried to comply with the City and the State regarding the sign. He stated he wants to continue to use the building for the purpose that it was designed.
Ernie Toth stated his long history with Mr. Maldonado and that his work has been impeccable.
Sergio Maldonado stated that in the last 8-10 years, his father has been harassed about his business and asked that his family be treated fairly.
Eddie Maldonado stated his father has cleaned up the area where his business is located and the neighbors are pleased.
Ed Bailey stated he has not heard anything drastic against the sign and the neighborhood association seemed to agree that Mr. Maldonado should keep the car sales use. He stated that the times residents may have complained about the signs prompted Mr. Maldonado to change the sign. Mr. Bailey stated that as a realtor he would note that the business has no access to anybody to advertise and that may have an impact on the resale of the building.
M/S Howard/Ira to close the public hearing. The motion passed by a unanimous voice vote.
Council comments included clarification request of the Professional Business Code 5499, need for a consistent policy regarding freeway billboards, and questioned the contention that harassment has occurred. Questions included what the amortization period consists of and whether there are other similar situations in the City.
Principal Planner Jany stated the criteria necessary to grant an exception to the sign ordinance as stated in the staff report (page 11.A3) and that the amortization begins at the date of adoption of the ordinance in June 1999 and goes until June 2006.
Council Member Jordan stated that she would not be supporting the motion due to her belief that for properties bordering the freeway, there should be a separate policy. She stated she was under the mistaken impression that there was a parallel effort to have a "freeway" ordinance. She further stated that properties bordering the freeway ought to be able to have billboards.
M/S Howard/Ira to uphold the decision of the ARC to enforce the Sign Ordinance (therefore denying the architectural permit exception) by amortizing the existing freestanding sign seven years from the adoption of the Sign Ordinance (scheduled removal by June 2006 per Section 3.130d). The motion passed by a majority voice vote with Council Member Jordan voting no and Council Member Hartnett and Mayor Ruskin absent.
MINUTE ORDER 01-154
12. BOARDS, COMMISSION AND COMMITTEE REPORTS - None
13. CLOSED SESSION - No action reported
14. ADJOURNMENT - 8:57 p.m.
M/S Jordan/Howard to adjourn until the next meeting of November 5, 2001. The motion passed by a unanimous voice vote by those present.
Respectfully submitted,
Patricia S. Howe, CMC
City Clerk
Copyright © 2001. The City of Redwood City. All rights reserved.