REDWOOD CITY COUNCIL MEETING MINUTES

February 25, 2002

REDWOOD CITY CITY COUNCIL

MAYOR  RICHARD S. CLAIRE
VICE MAYOR  JEFF IRA

 
COUNCILMEMBER JIM HARTNETT
COUNCILMEMBER DIANE HOWARD
COUNCILMEMBER COLLEEN M. JORDAN
COUNCILMEMBER BARBARA PIERCE
COUNCILMEMBER IRA RUSKIN

REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
February 25, 2002

The City Council Meeting and Redevelopment Agency Meeting will be called to order simultaneously. The Redevelopment Agency Meeting began immediately following the first item listed under the Staff Reports Section.

1. CALL TO ORDER - 7:07 p.m.

2. ROLL CALL

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

Staff Present: City Manager Everett, Public Works Services Director/Assistant City Manager Ingram, City Clerk Howe, City Attorney Yamamoto, Assistant City Attorney Brower, Financial Services Director Ponty, Parks and Recreation Manager Centeno, Child Care Coordinator Anderson, Community Development Services Manager Patterson, Planning and Redevelopment Manager Church, Community Development Services Manager Passanisi, Public Communications Specialist Smith, Volunteer Balsamo

3. PLEDGE OF ALLEGIANCE - Jim Hartnett, Council Member

4. INVOCATION - Paul McGuirk, Pastor Celebration Fellowship

5. SPECIAL ORDERS OF THE DAY

5.1- Proclamation establishing February 27, 2002 as "John Steinbeck Day";

Susan Shillinglaw stated that Jackson Browne would be receiving the John Steinbeck award at the Fox Theatre. She further stated her thanks and pleasure in working with the City of Redwood City.

6. ORAL COMMUNICATIONS -

Ms. Hue Simpson, an instructor at San Mateo County Office of Education Regional Occupation Program (ROP) at 619 Bradford Street, stated she wanted to discuss changing the parking meters from the 2 hour limit to a 4-6 hour limit. She stated that with over 100 students per day attending classes that last from 2-1/2 - 5 hours each, students need to constantly attend to the meters. She further stated that City staff directed a letter be sent regarding the situation so that the committee could consider the proposal. No response has been received as yet.

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 Howard/Pierce to waive reading of the Consent Calendar except the ordinances by title, adopt the resolutions and the ordinances, and approve other items. Council Member Ruskin explained his abstention on Item 7.2A due to a potential conflict of interest due to his contractual agreement with CalPers. He stated that although the City Attorney has determined that his subcontractor status allows him to vote, due to his receiving income for serving CalPers, he will not vote on the item and abstain as has been his past practice.

7.1   Section - Motions

A. Motion to approve the Minutes of the meeting of January 28, 2002 of the Council, the meeting of February 4, 2002 and the last meeting of February 11, 2002 as submitted;

MINUTE ORDER 02-47

B. Motion to authorize payment for contracted services retroactively to Stewart & Stevenson, Inc. of San Leandro, CA in the amount of $20,626.03 for the emergency repair of fire pumper truck #8071;

MINUTE ORDER 02-48

C. Motion to accept the Redwood Shores Improvement Project, and authorize the release of the payment bond and retention (G. Bortolotto & Co.);

MINUTE ORDER 02-49

D. Motion to accept the Redwood Shores Fire Station No. 20 & Maintenance Facility Project and authorize the City Manager to release Certificate of Deposit Retention (Rudolph & Sletten, Inc.);

MINUTE ORDER 02-50

E. Motion to approve Task Order No. 2 to the professional consulting engineering services agreement with Kennedy/Jenks Consultants;

MINUTE ORDER 02-51

F. Motion to approve an agreement with BKF Engineers of Redwood City, California, for providing consultant services for the Preliminary Design of the 5th Avenue Storm Drainage Pump Station, in an amount not to exceed $44,109 (BKF Engineers);

MINUTE ORDER 02-52

G. Motion to approve the award of contract for the Fair Oaks Community Center HVAC project to the lowest responsible bidder, Beals Martin and Associates, Inc. of Redwood City, California for an amount of $250,334 (Beals Martin and Associates, Inc.);

MINUTE ORDER 02-53

7.2   Section - Agreements/Resolutions -

A. RESOLUTION 14417 OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF REDWOOD CITY;

B. RESOLUTION 14418 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR ENVIRONMENTAL DOCUMENTATION FOR THE REDWOOD CITY RECYCLED WATER PROJECT - (CH2M HILL);

7.3   Section - Claims and Warrants

A. Approve warrants dated through February 25, 2002 and usual and necessary payments through March 11, 2002;

MINUTE ORDER 02-54

7.4   Section - Ordinances (2nd Reading) - None

8. STAFF REPORTS -

1. Childcare facility on city-owned land in Redwood Shores located adjacent to water tank "A" and the proposed Residential Suites Hotel at the southern terminus to Twin Dolphin Drive;

   Director of Financial Services Ponty explained that this topic involves four amendments to the Ground Lease with Shores Childcare, LLC, represented by Max Keech. He further defined those amendments that involve reduction of the interest rate on the $3.2 million loan; removal of the due-on-sale clause; allowing Shores Childcare, LLC to enter into loans using this facility as collateral that will be junior to the City's position; and to reduce the initial rent threshold at which the City participates in sharing any excess rents equally with the owner from $4.50 per square foot to $3.50 per square foot.

   M/S Ruskin/Ira to approve the First Amendment to the Ground Lease with the Shores Childcare, LLC and authorize the City Manager to execute same. The motion passed by a unanimous voice vote.

   MINUTE ORDER 02-55

7:25 P.M. - RECESS TO THE REDEVELOPMENT AGENCY MEETING (SEE SEPARATE MINUTES)

7:30 P.M. - RECONVENE THE REGULAR COUNCIL MEETING

2. Approval of legal services agreement with McDonough, Holland and Allen, for representation related to redevelopment and City real property/land use services;
   (Companion Item on Redevelopment Agency Agenda - Item 6.A

   M/S Ira/Howard:

   • That both the Agency and the City approve a legal services agreement with McDonough, Holland and Allen and authorize the City Attorney/General Counsel to execute same;
     
     
   • That the Agency approves the use of funds already budgeted in the Agency general fund (807) for attorney services for costs associated with this agreement;
     
     
   • That the City approves the use of funds already budgeted in the City general fund for paralegal services for costs associated with this agreement.

   The motion passed by a unanimous voice vote.

   MINUTE ORDER 02-56

9. WRITTEN COMMUNICATIONS - None

10. PUBLIC HEARING -

1. Public Hearing to consider Proposed Development Agreement between the City of Redwood City and the Opfer (Owners) - 2233 Middlefield Road, Redwood City;

   Planning and Redevelopment Director Church explained the background and that in 1999 the Redevelopment Agency directed staff to begin looking for sites in order to provide affordable housing. The criteria were that the sites should be vacant, unused or underutilized land and that secondly, the site might have code enforcement issues. Mr. Church explained that 22 sites were selected and the Opfer property was one such site. He further explained the chronology of the subject.

   Council asked various questions of staff.

   Mayor Claire opened the public hearing

   Jeff Opfer stated that the five parking spaces were inclusive in the old development regulations and consequently, when the interim urgency ordinance took effect the project then became deficient five parking spaces. He further clarified that Mayor Claire's reference to 2-1/2 years is actually 1-1/2 years due to an insurance shortfall. He stated that the contact in January was a letter explaining the process of eminent domain action.

   Mr. Opfer stated that one of the issues in contention is the in-lieu fee for the improvements to the balance of Willow Road. Because at the beginning, the belief was that they would be assisting the City in the improvement of the street and providing those costs and/or that portion of the work, the work would cost in the area of $20,000-$40,000.00. He stated the quoted prices of $5.00 a square foot for the asphalt base rock, referring to the previous understanding of eight inches to the current twelve inches for the asphalt base rock.

   In conclusion, Mr. Opfer stated that $125,000.00 divided by five parking spaces is $25,000.00 per parking space and that it is on the exorbitant side.

   Bob Burmeister, representing the Opfer family, commented that any delay in action tonight would jeopardize the "pipeline" status of the project. He requested consideration of maintaining the "pipeline" status should the issue be continued to a later date. He further requested language that gives the owner the right to terminate the agreement at any time prior to the commencement of the foundation for the building by providing written notice of termination of the agreement to the City. If termination does occur that the owners would be reimbursed for their fees.

   Public Comment:

   Juan Salvador Vilorio stated that an office building is good for the area, but that two levels is more appropriate than three levels. He further stated concerns that if the sidewalk is built, his parking would be taken away and windows in the back of the building would be problematic.

   Bob Baldwin requested that the Council and the City assist the Opfers in developing the property because the City is receiving something of value.

   Reverend Paul McGuirk voiced his concern for the Opfer's situation and asked for Council consideration.

   M/S Hartnett/Ruskin to close the public hearing. The motion passed by a unanimous voice vote.

   Council continued with questions of staff and further discussion ensued.

   M/S Jordan/Howard to continue the item to a future date; extend the Architectural Permit, preserving the "pipeline" status; staff to return with alternatives and ramifications on policies and provide construction cost analysis with consideration of practical alternatives to improving the entire street. Staff to include additional information on other "pipeline" projects in order to analyze this proposal in that context. To be included is consideration of language allowing the owner to terminate the agreement at any time prior to commencement of construction of the foundation of the building. The motion passed by a unanimous voice vote.

   MINUTE ORDER 02-57

   
   9:35 - 9:50 p.m. - Recess

2. Public Hearing on General Plan Amendment for Oracle Childcare Facility;

   Principal Planner Passanisi explained the background, site plan and that the Planning Commission has approved the project and the request is that the Council approves the General Plan Amendment from "Open Space" to "Commercial/Office".

   Mayor Claire opened the public hearing - no public comment.

   M/S Hartnett/Ruskin to close the public hearing. The motion passed by a unanimous voice vote.

   M/S Ira/Ruskin to adopt RESOLUTION 14419 ADOPTING AND APPROVING AN AMENDMENT OF THE GENERAL PLAN OF THE CITY OF REDWOOD CITY CHANGING THE DESIGNATION FROM OPEN SP

   ACE TO COMMERCIAL/OFFICE AT THE PROPERTY LOCATED AT 325 ORACLE PARKWAY, REDWOOD CITY

   The motion passed by a unanimous roll call vote.

11. BOARDS, COMMISSION AND COMMITTEE REPORTS - None

12. MATTERS OF COUNCIL INTEREST -

12.1.A. Legislation

This sub-section involves possible discussion of City Position on Proposed Legislation Described in the League of California Cities Priority Focus Bulletin No. 04-2002. Council may direct staff to act on positions taken by Council. (Copies of League of California Cities Priority Focus available in City Clerk's Department).

1. Support for Proposition 40 - Park Grants Program;

   City Manager Everett stated that similar legislation previously passed provided a benefit to the City of approximately $935,000.00 in park funds from that bond.

   M/S Hartnett/Ruskin to adopt RESOLUTION 14420 SUPPORTING PROPOSITION 40, THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT, ON THE MARCH 5, 2002 STATEWIDE BALLOT;

   The motion passed by a unanimous roll call vote.

12.1.B. Various -

1. Election Savings (Oral Report);

   Council Member Pierce stated that enclosed in the Council packet was a brief synopsis of the ideas submitted from public through a variety of means regarding the savings of the $35,000.00 from not conducting the November 2001 Municipal Election. She stated she is seeking suggestions on how to make the decision on how to spend the funds.

   Consensus was for the synopsis to be returned to Council together with the written summary of the Council priorities, notify those who submitted ideas of the date that Council would consider the items and Council to vote on the items at that time.

2. Council Member Jordan requested staff return to Council on March 25 with a proposed resolution that supports City support of public access to public land.

   Council consensus was for staff to return with the proposed resolution on March 25, 2002.

3. Council Member Hartnett stated that Volunteer Balsamo's wife Ida is celebrating her birthday.

13. CLOSED SESSION - None to report.

14. ADJOURNMENT - 10:20 p.m.

M/S Ruskin/Hartnett to adjourn until the next meeting of March 11, 2002 in memory of Dave Schutz and Peggy Whitmore. The motion passed by a unanimous voice vote.

Respectfully submitted,

Patricia S. Howe, CMC

City Clerk

Copyright © 2002. The City of Redwood City. All rights reserved.