REGULAR MEETING
October 7, 2002
7:00 P.M.

The Redevelopment Agency Meeting began immediately following the Public Hearings (Section 9).

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

2. ROLL CALL

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

Staff Present: City Manager Everett, Financial Services Director/Assistant City Manager Ponty, City Clerk Howe, City Attorney Yamamoto, Assistant City Attorney Brower, Public Works Services Director Ingram, Interim Community Development Services Director Liedstrand, Community Development Services Manager Patterson, Planning and Redevelopment Manager Church, Supervising Civil Engineer Lynch, Downtown Manager Moeller, Principal Planner Jany, Volunteer Balsamo

3. PLEDGE OF ALLEGIANCE - Richard S. Claire, Mayor

4. INVOCATION - Dennis Logie, Sequoia Christian Church

5. SPECIAL ORDERS OF THE DAY -

Proclamation Declaring the Month of October National Breast Cancer Awareness Month

Mayor Claire read the proclamation and Gay Brownlee received the proclamation on behalf of the American Cancer Society thanking the Redwood City Council for taking the lead nationwide with the National Mayor's Conference and breast cancer.

6. ORAL COMMUNICATIONS

Rudy Luca stated he has a strong issue regarding Kaiser Hospital and cited Planning Commission Chairperson Ralph Garcia's comments in the newspaper about Kaiser's possible relocation. Mr. Luca stated that Kaiser serves the community very well, seniors and young people alike as well as the employees of Kaiser. He further stated his appreciation for Council Members' responses and support of Kaiser Hospital. He asked that Council Members commit themselves to expediting the approval process.

Mr. Luca also asked about costs to the City to change lighting from amber to a brighter lamp and the costs of the skate park.

Council Member Hartnett clarified that he and Council Member Ruskin spoke in support of Kaiser Hospital and that comments from one Planning Commission Member are not representative of a City view. He further stated that prior to and since the comments were made, he has had discussions with representatives of Kaiser about the process and that Kaiser understands better the requirements for a massive development such as being proposed. He stated that Kaiser is strongly encouraged to stay and they are a very important component of the community.

Council Member Ruskin stated that Kaiser is a very important part of this community. He further stated that in his meeting with a Kaiser representative, it was clear that Kaiser wanted to stay and the City wanted them to stay. He stated it is the City's interest to help Kaiser develop plans that meet the requirements and are in the good interest of the City.

Council Member Howard stated she knows the value Kaiser brings and that nobody wants to see Kaiser leave. She further stated that the City staff has worked diligently with Kaiser, the downtown merchants and the community at large to design a campus that will be pedestrian friendly and compliment the downtown infrastructure.

Council Member Howard assured Mr. Luca that for the past two years the City has been slowly converting the amber lighting into the lighter light and will be cost efficient in the future. She stated that El Camino Real, Veterans Boulevard and other areas in downtown have already been changed.

City Manager Everett stated that the skate park is not over budget, that the project is combined with reconstruction of the restroom facilities, and the building of a storage shed and food concession for the various sports arenas.

Jeri Joseph, Director of Communications for the San Mateo County History Museum, stated she was announcing an event to occur on October 12. She stated that an exhibit was opening on Italian American Heritage Day that will display 40 pictures from Tuscany. The museum is located at 777 Hamilton Street in Redwood City. The day begins with bocce ball finals at 10:00 a.m. at Red Morton Park, 1400 Roosevelt. From 12-3 p.m. will be the photographic exhibit at the history museum along with food, wine and music for all.

Patricia Moore, representing City Trees, stated she was speaking in support of the concept of reclaimed water for City use because all of the work being done with City Trees to plant trees for an urban environment will be lost if there is no water. She stated that City Trees is helping to reduce the urban heat effects, make a cooler atmosphere, a more esthetic surrounding, while improving property values. She ended by stating that the steering committee of City Trees strongly urges City Council to proceed with a policy that will permit the use of recycled water.

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

7.1 Section - Motions

A. Motion to Approve the Minutes of the meeting of September 9, and special meeting of September 16, 2002; MINUTE ORDER 02-278

B. Motion to authorize Task Order No.1 to the professional services agreement with Kortech, Information Technology Consulting of Redwood City, California, for additional services related to the WAP (Water Allocation Program), in the amount of $27,500.00; MINUTE ORDER 02-279

C. Motion to accept the Hoover Sport Field Improvement Project, and authorize the release of bonds and retention; MINUTE ORDER 02-280

D. Motion to approve the renewal of the existing contract allowing the California Highway Patrol use of the Redwood City Police Department's shooting range; MINUTE ORDER 02-281

E. Motion to award the contract for the 2001-2002 Bike Path Improvement Project to the lowest responsible bidder, Granite Rock Company dba Pavex Construction Division, of Redwood City, California, for their bid of $321,753.00 (including the Add Alternate), and reject all other bids; MINUTE ORDER 02-282

7.2 Section - Resolutions

A. RESOLUTION 14468 AMENDING CONFLICT OF INTEREST CODE FOR THE CITY OF REDWOOD CITY;

7.3 Section - Claims and Warrants -

A. Reject the claims of Kitty Wells claim no. 2027, claim of State Farm Insurance/Dennis Kramer claim no. 2045, claim of Mary de Marco claim no. 2047 and the claim of Phillip McVey claim no. 2051 as submitted; MINUTE ORDER 02-283

B. Approve warrants dated through October 7, 2002 and usual and necessary payments through October 14, 2002; MINUTE ORDER 02-284

7.4 Section - Ordinances - None

7.5 Section - Motions (continued)

8. WRITTEN COMMUNICATIONS - None

9. PUBLIC HEARING -

A. 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) (item continued from 9/23/02 meeting);

Downtown Development Manager Moeller read a quote pertaining to sidewalk cafes. She stated that sidewalk cafés are wonderful and a part of every successful and vital downtown. The City Council originally adopted the sidewalk café ordinance, or the Broadway Mall ordinance as it was called, in 1977, allowing the public sidewalk at that time to be used for that purpose. A few revisions to the ordinance have occurred, the last one being six years ago. The current proposed amendments are intended to clarify this ordinance and the Council's intent.

She further stated that as the Council deliberates, there are three principles to keep in mind in terms of sidewalk cafés and downtowns. One is the public spaces policy adopted by the Council in September 2001. The second, is the principle that what attracts people to an area is other people. The third principle is that successful downtowns share customers. In conclusion, she stated that sidewalk cafes help strengthen the fabric of downtown, contribute to the vitality and the success of downtown, and help downtown businesses expand their customer base by sharing customers.

Community Development Director Liedstrand explained the staff recommended revisions and the reasons for them.

Principal Planner Jany expanded on the revisions before Council.

Mayor Claire opened the public hearing.

Public Comment:
Rudy Luca opposed the proposal and stated that there should be some limitations on the sidewalk cafés. In some places people can hardly walk by on the sidewalk to get by the place and the area is overwhelmed by too many of them. He further stated that there should be other businesses downtown for more reasons than to eat.

Tony Giusto stated he is the business and property owner at 2626 Broadway Street. He stated he speaks in opposition of some of the amendments of the Broadway Mall ordinance and part is mostly because the Zoning Administrator continues to allow tables in front of his business that are associated with City Pub. He disagreed with Mr. Liedstrand's comments that state this is not the place to resolve the dispute, because it is the dispute that brings the matter before the Council today. He stated he is not in opposition to the sidewalk café idea as long as the adjoining business and/or property owner have a say on the restaurant operation in front of their business. He further stated that the problem with the sidewalk cafés is a matter of trash and disturbances that can impact the adjoining businesses and continued to detail those various behaviors.

Robert Baldwin stated that Redwood City has a successful food business, shopping centers, Government facilities and business downtown began with restaurants. He asked Council to not make too many rules, but straighten out the little problems as they come up. He further stated that pedestrian traffic is the very success that we have been asking to have.

Joe Hess, owner of 2652, 56 and 58 Broadway Street, stated that he does not care for any business to place its business in front of an adjoining business without permission of the adjoining business and property owner.

Judy Buchan, speaking as a member of the Downtown Business Group, reminded Council of a previous e-mail stating that the group did not take a formal position, however, those interested met with Principal Planner Jany. She stated the group is very supportive and looks forward to working with staff on the guidelines as they evolve. She encouraged Council to move ahead.

R. Jerry Lami, partner of Mulligan's Pub and Grill, stated that the reason for choosing Redwood City for his restaurant was because of the Broadway Mall outside dining. He stated that he has done everything asked of him, he invested $20,000.00 and went through the permit process and engineering process. Throughout the process, all the tenants in the area were notified and during the process, nobody complained about the concept. He stated that for the two years that he did not have outdoor dining, the business was not profitable. Outdoor dining has turned the business around, the ambiance has risen and it levels the playing field for customers. He asked that Council support the ordinance.

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

Council comments and questions ensued.
M/S Ruskin/Howard to 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;

The motion passed by a unanimous roll call vote by those present.
MINUTE ORDER 02-285

B. A Public Hearing on the Amendment of Sewer Service Charges (item continued from 9/23/02 meeting);

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/Howard to continue the item to the meeting of October 14, 2002. The motion passed by a unanimous voice vote by those present.
MINUTE ORDER 02-286

C. A Public Hearing on the Amendment of Water Basic Service Charge and confirmation of existing water conservation usage rates (item continued from 9/23/02 meeting);

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/Howard to continue the item to the meeting of October 14, 2002. The motion passed by a unanimous voice vote by those present.
MINUTE ORDER 02-287

10. STAFF REPORTS - (Concurrent item with the Redevelopment Agency)

A. Contract for Urban Planning and Urban Design Assistance;

Planning and Redevelopment Manager Church stated that the reason for contracting with the firm is that despite the fact of an apparent recession, the City is dealing with a development processing glut. There is a need for assistance with design work for the Retail/Cinema Project, Blocks 1 and 2; the Abbott Labs project; and assistance to train staff to develop in-house capabilities for such work. The Redevelopment side would involve up to $214,500.00 dedicated to work related to the Retail/Cinema Project and any other design work in and around the Downtown. It also involves $49,500.00 for Abbott Labs on the City side.

The contract, if approved, should include two minor amendments. On page 10. A-6 of the contract under Compensation; Expenses; Payment – the amount shown as $210,000.00 should include the $4,500.00 administrative fee for the Abbott Labs portion of the work, therefore reading as $214,500.00. The reference in the next two lines referring to the City's contribution should be revised to read $49,500.00. This money would be paid by Abbott Labs.

Public Comment:
Rudy Luca opposes contracting with outside companies for study or design.

M/S Hartnett/Howard that the City Council and Redevelopment Agency Board approve a joint contract, as amended, with Freedman, Tung and Bottomley (FTB) to provide a variety of urban design and planning services, including:
1) Design assistance with planning for development of Block 2 of the Retail/Cinema Project and the linkage to Sequoia Station;
2) Assistance with site planning and urban design of Block 1 of the Retail/Cinema Project;
3) Design assistance with planning for the South Main Street area;
4) Site planning and design review of the Abbott Laboratories project;
5) Training of planning staff on site planning and design review;
6) Other training and design assistance related to Downtown;

These services are combined into a single contract with both the City and the Agency for a maximum possible contract price of $260,000. Of which a portion (presently estimated at $45,000 plus 10% overhead) will be reimbursed to the City by Abbott Labs.

The motion to approve the contract also authorizes the Finance Director to amend the Redevelopment Agency FY 2002-04 budget to appropriate the additional monies required; as well as to include the appropriate budget authority in an ordinance to be presented later this fiscal year amending the City's FY 2002-03 General Fund budget.

The motion passed by a unanimous voice vote by those present.
MINUTE ORDER 02-288

ADJOURN THE REDEVELOPMENT AGENCY MEETING

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. 35-2002, and Bulletin 36-2002. 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. Mayor Claire – stated that because there are complex building code revisions coming forward, he has assigned Council Members Hartnett and Ruskin as an ad hoc sub-committee to work with the Board of Building Review in order to have a clear understanding of the issues

13. CLOSED SESSION - No action to report.

14. ADJOURNMENT - 9:00 p.m.

M/S Howard/Ruskin to adjourn until the next regular meeting of October 14, 2002. Council Member Hartnett asked that the meeting be adjourned in memory of Colleen McAdams, who passed away on September 30, 2002 at the age of 42..

Respectfully submitted,

Patricia S. Howe, CMC
City Clerk