REGULAR MEETING
September 23, 2002
7:00 P.M.

Mayor's Beautification Awards reception was held between 6:15 p.m. and 7:00 p.m. in the City Hall Foyer.

1. CALL TO ORDER - 7:00 p.m.

2. ROLL CALL

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

Staff Present: City Manager Everett, Financial Services Director/Assistant City Manager Ponty, City Clerk Howe, City Attorney Yamamoto, Assistant City Attorney Brower, Deputy City Clerk Ponte, Administrative Secretary Dale, Assistant to the City Manager Gonzalez, Executive Assistant to the City Manager La Croix, Project Planner Kelly, Principal Planner Jany Community Development Services Manager Passanisi, Downtown Manager Moeller, Administrative Sergeant Hernandez, Public Works Superintendent Rosas, Public Works Superintendent Harang, Library Director Chen, Volunteer Balsamo

3. PLEDGE OF ALLEGIANCE - Ira Ruskin, Council Member

4. INVOCATION - Dennis Logie, Sequoia Christian Church

5. SPECIAL ORDERS OF THE DAY -

A. Presentation of the Mayor's 2002 Beautification Awards;

Carlsen Porsche
3636 Haven Street
Most Attractive Use of Space-Commercial

D'Asaro Restaurant
1041 Middlefield Road
Best New Restaurant-Commercial

Days Inn
2650 El Camino Real
Best Landscaping-Commercial

First Republic Bank
776 El Camino Real
Most Unique Use of Space-Commercial

HIP Housing & HAND
330-340 Redwood Avenue
Best Remodel for Special Use Non-Profit

La Romantica Restaurant
2639 Broadway Avenue
Best Remodel Restaurant-Commercial

Lakeshore Complex Homeowners Association
Best Compatible Building Garden/Landscape-Commercial

Pellarin Enterprises
593 Woodside Road
Best Remodel-Commercial

Redwood City Technology
500 Arguello Street
Best Architectural Design-Commercial

Rick Herns Productions
2361 Broadway Avenue
Best Remodel Store Front-Commercial

Sequoia High School
1201 Brewster Avenue
Stewardship of Native Trees

St. Francis Center
102 Buckingham Avenue
Most Beautiful Garden Non-Profit

The Main Gallery
1018 Main Street
Most Unique Use of Historical Property Co-OP
Work Force Medical Group
201 Arch Street
Best Maintained Garden/Landscape-Commercial

Alex & Candice Ako
3648 Country Club Drive
Best Remodel & Garden Landscape-Residential

Rich & Susan Blanco
159 Nevada Street
Best Remodel Kitchen-Residential

Annabel Farris
31 Grand Street
Best Compatible Building & Garden/Landscape-Residential

Liam & Ubalda Friedland
3703 Country Club Drive
Most Improved Drought Tolerant Garden-Residential

Lindley Garner and Mary Goodkind
1303 Roosevelt Avenue
Most Beautiful Garden/Landscape-Residential

Larry & Cathy Hefner
621 Lakeview Way
Best Architectural/Interior/Exterior Design-Residential

Dieter & Carol Hurni
1052 8th Avenue
Most Improved Garden-Residential

Abdel Ismail
1111-1121 Hopkins Avenue
Best Remodel Rental Property-Residential

Ron & Mary Ellen Lemieux
1633 Hopkins Avenue
Best Historical Restoration/Beautiful Makeover-Residential

Charlotte Little and Jo Anne Winegar
1641 Maddux Drive
Best Maintained Backyard-Residential

Marsh Posch
659 Teredo Drive
Best Maintained Garden/Landscape-Residential

Nancy & Paul Radcliff
81 Iris Street
Best Remodel-Residential

Kimberly Sullivan
1729 Whipple Avenue
Best Compatible Building & Garden/Landscape-Residential

Ilse A. Volksen
1128 Palm Avenue
Best Use of Recycled Material Landscape

Wendy Winkler
147 Stratford Street
Best Maintained Garden/Landscape-Residential

6. ORAL COMMUNICATIONS

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 Jordan/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 Jordan removed Item 7.1G from the Consent Calendar. The motion passed by a unanimous roll call vote.

7.1 Section - Motions

A. Motion to approve the Minutes of the meeting of August 26, 2002; MINUTE ORDER 02-265

B. Motion to adopt the amendment to the existing contract agreement with the County of San Mateo for the provision of animal control services for the period of July 1, 2002 through June 30, 2003. The key services the City receives under the contract are: 1) field enforcement of State Laws, and local ordinances pertaining to domestic animals 2) investigation of complaints of animal nuisances; 3) shelter services, including impounding, receiving of unwanted animals, housing, adoption, euthanasia, and disposal 4) treatment services for injured animals;
MINUTE ORDER 02-266

C. Motion to execute the agreement between the City of Redwood City and the Redwood City School District 2002/2003; MINUTE ORDER 02-267

D. Motion to authorize the City Manager to execute the Human Services Financial
Assistance Program agreements in the amounts specified in the 2002/2003 fiscal year approved budget; MINUTE ORDER 02-268

E. Motion to approve the specifications, accept the bid, and award the 2002-2003 Trucking and Hauling Service to Greg's Trucking of San Mateo, CA in the amount of $62,200.00 and reject all other bids (Greg's Trucking) (this contract provides hauling services for the City's Municipal Center [MSC] waste, recycling and construction materials purchases); MINUTE ORDER 02-269

F. Motion to approve the purchase of Websense software as the recommended web filtering and reporting product, in the amount of $18,300;
MINUTE ORDER 02-270

7.2 Section - Claims/Warrants

A. Motion to reject the claims of Eric Winner claim no. 2041, and the claim of John Patton claim no. 2049 as submitted; MINUTE ORDER O2-271
B. Approve warrants dated through September 23, 2002 and usual and necessary payments through October 7, 2002; MINUTE ORDER 02-272

7.3 Section - Ordinances (2nd Reading) and Adoption - None

7.1 Section - Motions (continued)

G. M/S Hartnett/Howard to approve and authorize execution of an agreement with Anderson Brule' Associates, Inc. of San Jose, California for providing Professional Services for developing a Needs Assessment, preparing conceptual plans, completing the State Grant application for Libraries, and other professional architectural and engineering services, as required for the Redwood City Branch Library in Redwood Shores, in an amount not to exceed $180,118.00;

Council Member Jordan stated she would like a community meeting in Redwood Shores to receive input on the subject. Assistant to City Manager Gonzalez explained that there would be open community forums on October 24, November 2, 16 and December 4. The meetings will be held at Sandpiper Community Center, 797 Redwood Shores Parkway. For more information, Dora Wong at the Main Library is available at 780-7061.

The motion passed by a unanimous voice vote by those present.
MINUTE ORDER O2-273

10. PUBLIC HEARING -

B. A Public Hearing on the Appeal of a Zoning Ordinance Interpretation to Prohibit Sales of Professional Beauty Products at 2652 Broadway;

Principal Planner Passanisi explained that he had not read or received a copy of the letter faxed from the appellant's attorney to City Council on September 23. He gave the background stating that it is an appeal of the interpretation of the zoning ordinance pertaining to sales and professional beauty products at 2652 Broadway.

Council questions of staff ensued.

Mayor Claire opened the public hearing.

Vic Cochran, representing Innovations, stated that the situation is a misunderstanding. He stated what Innovations is and what is sold; what advantage Innovations brings to Redwood City; and the status of the store on Broadway. He stated that Innovations is the largest professional beauty supply in California whose customers are licensed cosmetologists, beauty salon and beauty supply. One division with outside salespeople, walk into beauty salons and supply businesses and sell to them, items that will be resold to the public. The second division is the store division where 99% of the licensed cosmetologists that encompasses, hairdressers, estheticians and nail people are independent businesspeople and the products they buy are for their own personal use.

Mr. Cochran stated that Redwood City is seen as a center point in the target for the Peninsula, the business has signed a five year lease, a business license and building permit have been received, a sign permit has been delayed, $50,000.00 has been spent in construction costs to improve the store appearance and opening of the store is expected in three weeks. He stated that the call stating that the business was an improper use was initiated by West Coast Beauty Supply. He further stated that under the code, his business is a retail store and meets the requirements.

David Blackwell requested that the Council incorporate into the administrative record, the letter that was offered by R.J. Comer of the Los Angeles office transmitted sometime by fax and thought to be prior to 3:00 p.m. that day. He asked that the points in the letter be considered in the Council deliberations and that he could touch on the topics if needed.

Recess: 9:25-9:40 p.m.

Council questions ensued of both the appellant and staff.

Public Comment
:
Steve Penna stated that his reason for speaking is that finally in that area, the building is going to be used for something that will bring more people to downtown Redwood City. He stated, that in his opinion Innovations has been treated unfairly because the codes and the description of retail is not clear enough and that the item would not be appealed if it were not for a complaint by another business. He further stated that there are many businesses on the 2600 block that cannot be considered retail, but they will be hiring people and creating foot traffic.

John Tobias stated that his customers are hairdressers and his business can draw between 2,500-3,000 hairdressers in the basic market.

Steve Cutter stated that Innovations qualified under every section of the code and that the interpretation is becoming very frustrating.

John Anagnostou shared a solution that might help in the case and has been used by the Downtown Association in the past. That method would be utilization of a use permit. He further stated that notification to property owners of the CBR district would be helpful.

Hans Slade, represented Mr. Hess on the lease, and he stated that when looking at the code he asked if retail is allowed and was told that it is. He stated that Council should consider what the zoning code says and be a little lenient in getting the stores filled downtown.

Jerry Lami, stated he is a partner of Mulligan's Grill, and initially thought the zoning code addressed the goals of Redwood City. He further stated that as each individual case arises, we need to look at what the zoning calls for and review on a case by case basis.

Joseph Hess stated that he and his wife have owned the property for over 30 years. He stated that somewhere the interpretation that the tenant is in the wholesale rather than the retail business has been made based on a complaint. He quoted the definition of retail from Black's Law dictionary. He further stated that it is unfair to the business owners that other interpretations are made and hopes that the Council votes in favor of the tenant.

Janet Borgens stated that Innovations is extraordinary and asked a question of the company. She stated that the company will give variety and is respected in the industry. She stated that because she buys the product, she is the consumer, although she may not be the type of consumer in mind when the code was written.

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

Council comments and questions ensued.

City Attorney Yamamoto answered various questions related to the zoning code and for the record stated that he had not seen the faxed letter until 7:00 p.m.

M/S Ira/Pierce to extend the meeting to 11:15 p.m. The motion passed by a unanimous voice vote.

M/S Hartnett/Ruskin to continue the item for further advice from the City Attorney and further discussion at a future date. The motion passed by a unanimous voice vote. MINUTE ORDER 02-274

8. STAFF REPORTS -

A. Amendment of Sewer Service Charges;

Recommendation:
INTRODUCE AN ORDINANCE AMENDING SECTION 27.100 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO SANITARY SEWERAGE SERVICE CHARGES;

M/S Hartnett/Ruskin to continue this item to the meeting of October 7, 2002. The motion passed by a majority voice vote with Council Member Howard voting no. MINUTE ORDER 02-275

B. Amendment of Water Basic Service Charge and confirmation of existing water conservation usage rates;

Recommendation:
INTRODUCE AN ORDINANCE AMENDING SECTION 38.5 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO WATER SERVICE CHARGES AND FEES;

M/S Hartnett/Ruskin to continue this item to the meeting of October 7, 2002. The motion passed by a majority voice vote with Council Member Howard voting no. MINUTE ORDER 02-276

9. WRITTEN COMMUNICATIONS - None

10. PUBLIC HEARING -

C. A Public Hearing on the Amendments to the Broadway Mall Ordinance regulating Sidewalk Cafes in Downtown Redwood City, (Section 33A of the Redwood City Code);

Recommendation:

INTRODUCE AN ORDINANCE AMENDING SECTIONS 33A.15, 33A.16, 33A.17, 33A.18, 33A.20, 33A.22, 33A.25, 33A.27, 33A.31, 33A.32, 33A.33, 33A.34 AND 33A.35 OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO THE DEFINITION OF THE SIDEWALK CAFÉ AREA, SIDEWALK CAFÉ PERMIT REQUIREMENTS, DURATION AND REGULATIONS WITHIN SAID AREA, RESPECTIVELY;

M/S Hartnett/Howard to continue the item to the meeting of October 7, 2002. The motion passed by a majority voice vote with Council Member Howard voting no.
MINUTE ORDER 02-277

11. BOARDS, COMMISSION AND COMMITTEE REPORTS - None

12. MATTERS OF COUNCIL INTEREST

12. A. Legislation (information only) - This sub-section involves possible discussion of City Position on Proposed Legislation Described in the League of California Cities Priority Focus Bulletin No. 33-2002 and Bulletin No. 34-2002. 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).

12.B. Update on AB 2938 (Simitian) - Waste Discharge Requirements - Information Only - no discussion occurred on this item.

13. CLOSED SESSION -

14. ADJOURNMENT - 11:15 p.m.

M/S Hartnett/Ruskin to adjourn to the regular meeting of October 7, 2002 and then into closed session, in memory of Delbert (Del) Mitchell, who owned and operated Mitchell's Bootery in Redwood City, longtime merchant and member of the community. Council Member Ruskin acknowledged the passing Carolyn Nobles, who was a longtime resident of Redwood City, and had notable commendations. Vice Mayor Ira requested adjournment in memory of Mike Garner, one of the owners of a bike shop in Redwood City, leaving four children between the ages of 5 and 10.

The motion passed by a unanimous voice vote.

Respectfully submitted,

Patricia S. Howe, CMC
City Clerk