REGULAR MEETING
November 4, 2002
7:00 P.M.

The Redevelopment Agency Meeting began immediately following Staff Reports (Section 10) of the Regular Agenda.

1. CALL TO ORDER - .

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, Community Development Services Manager Patterson, Community Development Services Manager LaTorra, Planning and Redevelopment Manager Church, Economic Development Coordinator Webb, Downtown Manager Moeller, Community Development Services Manager Passanisi, Administrative Sergeant Hernandez, Public Works Superintendent Rosas, Volunteer Balsamo

3. PLEDGE OF ALLEGIANCE - Diane Howard, Council Member

4. INVOCATION - Dennis Logie, Sequoia Christian Church

5. SPECIAL ORDERS OF THE DAY -

A. Proclamation in Honor of Father Vern Jones;

Mayor Claire presented and Vice Mayor Ira read the proclamation honoring Father Vern Jones.

6. ORAL COMMUNICATIONS

Christina Lai stated that the previous week she sent City Council via e-mail a signed endorsement letter from Dennis Wolfe supporting the 730 petitioners asking not to implement recycled water in residential areas. Ms. Lai submitted the letter including his biography to the City Clerk for the record. She explained that he is the vice-president of the California Republican Assembly and a member of Waste Watchers. Ms. Lai asked Council to give an approximate date as to when the $36.8M project will be voted upon.

Council Member Ruskin, Utilities Committee Member, stated that the issue is being studied from many aspects. It will take some time before the information is gathered, assimilated and a recommendation made to the City Council.

Downtown Manager Moeller announced that the City is working with downtown businesses to upgrade window displays. As a first step, the Way to Go building will be used for a demonstration by conducting a Gingerbread Village project. The houses will be created by various businesses in the downtown, the community, individuals and families. Anyone interested in submitting an entry for the village is encouraged to do so by November 24 and is limited only by one’s imagination. The house need only comply by measuring at least one foot square and no more than three feet square.

Council Member Pierce encouraged all residents in the Redwood Shores area to take advantage of the library needs assessment, an online survey that is available on the City’s website. This is an opportunity to share as much or as little information with the Council.

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 Calendar and considered in its normal sequence on the agenda.

M/S Jordan/Howard 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 for separate discussion.

The motion passed by a unanimous roll call vote.

7.1 Section - Motions

A. Motion to approve Amendment No. 1 Agreement for Professional Services (“the Agreement”) with Anderson Brule’ Architects, Inc. (ABA) for amending the Agreement to delete requirement for meeting performance standards for “geological services” for the possible Redwood City Branch Library in Redwood Shores; MINUTE ORDER O2-312

B. Motion to approve the agreement for Professional Services with James Brinkley, AIA, to Review Kaiser Permanente Redwood City Master Plan Projections, in an amount not to exceed $20,000; MINUTE ORDER 02-313

C. Motion for the City Council to authorize the purchase of telephone hardware and software maintenance support in the amount of $40,180 from Verizon; MINUTE ORDER 02-314

D. Motion to approve the purchase of a Voice Radio System for the Police Department in the amount of $865,033.13 from Motorola Corporation under the cooperative purchase provision for the County of San Mateo’s Purchase Order #00-13203/MNA; MINUTE ORDER 02-315

E. Motion to accept the Maddux Park Play Area Renovation Project, and authorize the release of bonds; MINUTE ORDER 02-316

F. Motion to approve the hiring of Police Officer William Winn at Step 4 rather than entry level; MINUTE ORDER 02-317

H. Award of Contract – Demolition of 846 Jefferson Avenue (Redwood Plaza) Engineering File no. 803-08;

Motion to award the contract for the demolition of 846 Jefferson Avenue to the lowest responsible bidder, Evans Brothers, Inc. of Livermore, California for their low bid of $31,388.00 and reject all other bids; MINUTE ORDER 02-318

7.2 Section - Resolutions

A. RESOLUTION 14475 TO EXTEND THE SAN MATEO COUNTY ABANDONED VEHICLE SERVICE AUTHORITY VEHICLE REGISTRATION FEE UNTIL APRIL 2012;

7.3 Section - Warrants

A. Approve warrants dated through November 4, 2002 and usual and necessary payments through November 18, 2002; MINUTE ORDER 02-319

7.4 Section - Ordinances

A. City Code Revision for City’s Purchasing Policy;
It is recommended that the City Council raise the purchasing dollar limit requiring sealed bids and Council action to $60,001 excluding sales taxes and freight for purchases of materials, equipment, supplies and services. It is also recommended that the City Manager or his/her designee be given authority to approve workers compensation settlements of $30,000 or less, in addition to general liability settlements of $15,000 or less;

INTRODUCTION OF ORDINANCE AMENDING CHAPTER 2, ARTICLE VII. PURCHASING, SECTIONS 2.63, 2.65, 2.68.A., 2.72, 2.77 AND 2.80 OF THE REDWOOD CITY MUNICIPAL CODE; MINUTE ORDER 02-320

RESOLUTION 14476 OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY DELEGATING TO THE CITY MANAGER OR HIS/HER DESIGNEE AUTHORITY TO ADMINISTER AND MANAGE CLAIMS AND ACTIONS AGAINST THE CITY OF REDWOOD CITY OR ITS OFFICERS OR EMPLOYEES AND CLAIMS AND ACTIONS OF THE CITY OF REDWOOD CITY;

7.1 Section - Motions (removed from Consent Calendar)

G. Council Member Jordan stated her concern about communication efforts regarding this project. She requested that if the agreement is approved, that the Council see any communication prior to it being mailed out or posted at a Council meeting for discussion.

M/S Jordan/Ruskin to approve the contract as written, with an added condition that before any public relation materials are sent out that they be brought back to the Council for discussion. Vote on motion: Ayes: Council Members Jordan and Ruskin. Noes: Council Members Hartnett, Howard, Pierce, Vice Mayor Ira and Mayor Claire. The motion failed.

Council discussion ensued regarding process and follow-up of the Public Information Forum held on September 16. Council Utilities Committee Chair Ira stated that a report from the last Utilities Committee meeting may have been helpful. He explained that from that meeting the consensus was that the Council needed assurance to be able to have enough information to be either confident or uncertain as to the health risks in question. He stated that until that is resolved the other issues are immaterial.

Public Works Services Director Ingram stated the types of literature to be prepared as one sheet inserts to be sent to Redwood Shores Homeowners Associations (HOA's) via the property managers; information packets for staff meetings with HOA's scheduled from December through February; monthly articles for the Pilot and other publications; information packets for staff meetings with businesses; editorial services for translation of technical or scientific materials for laypeople; more questions and answers; and project updates in a variety of ways.

M/S Ruskin/Hartnett to approve Task Order No. 1 to the professional agreement with The Sandul Company, Inc. for communication support services related to water utility activities and the proposed recycled water project (Public Information Support for Public Works Services); The motion passed by a unanimous voice vote with Council Member Jordan voting no. MINUTE ORDER 02-321

8. PUBLIC HEARING -

A. A Public Hearing on the proposed use of Citizens Option for Public Safety (COPS) funds of $151, 555 by the Redwood City Police Department;

Police Sergeant Warner explained that this is the seventh consecutive year that the City has received grant monies. The funds received must be used to supplement existing services and may not be used to supplant existing funding for law enforcement services. It is the recommendation of the Police Chief that this year’s award be dedicated to salaries and benefits of new Police Officer positions approved by Council pursuant to the staffing study of 1997.

Mayor Claire opened the public hearing.

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

M/S Ira/Ruskin to approve by motion the recommendation of the Chief of Police to dedicate funds to the salaries and benefits of the new police officer positions approved by City Council pursuant to the staffing study of 1997. The motion passed by a unanimous voice vote. MINUTE ORDER 02-322

9. WRITTEN COMMUNICATIONS - None

10. STAFF REPORTS -

A. Water Supply Assessment for the Proposed Kaiser Hospital Campus Expansion Project;

Public Works Services Director Ingram explained that this is the second water supply assessment the Council has seen in the last few months. He stated that the contents and findings are essentially the same as the previous in that nothing has changed in the City’s total water supply situation. The only difference would be any project specific projections or calculations of water demand of the water supply of Redwood City.

Council questions ensued and Council Member Ruskin clarified that for the first time, State Law requires any city which has a large scale development proposal to do a water supply assessment. It is an objective finding as to whether or not there would be enough water for the proposed project. The finding is folded into the Environmental Impact Report when that comes up. This finding is simply a report of the availability of water supply.

Public Comment:
Christine Lai thanked Council Member Ruskin for the explanation relative to Marina Shores Village. She stated her concerns about the Redwood Shores residents’ reaction to the approval of this finding.

M/S to Ruskin/Hartnett to approve the Water Supply Assessment for the proposed Kaiser Hospital Campus Expansion Project pursuant to State of California Water Code § 10910 (g) (1). (Water Supply Assessment for the Proposed Kaiser Hospital Campus Expansion Project). The motion passed by a unanimous voice vote by those present. MINUTE ORDER 02-323

B. Application to Participate in a Regional Large Landscape Water Conservation/Application Audit Program;

Public Works Services Director Ingram stated that this is a request to apply for a regional program for water conservation focused on large landscaping and the context is within a Statewide effort to develop best management practices for water conservation. The City is a signatory to the California Urban Water Council Memorandum of Understanding which is composed of several hundred agencies that have agreed to make sure water is used as wisely as possible. The most recent context is increasing pressure related to the CalFed Bay Delta Court and other activities at the State level applying additional pressure on urban water users to demonstrate efficiency and wise ness in water usage.
PWS Director Ingram explained the work that Redwood City has already done in this area and he further explained the large landscape water conservation program.

Council asked various questions.

Public Comment:
Henry Tu stated that he is very happy to see the water conservation program and that his homeowners’ association in Redwood Shores spends approximately $2,000.00 to water the landscapes. He further stated he has done research on water conservation in other areas of the Bay Area and shared one from article from EBMUD that mentions many water users over water by 300%. He summarized that there are many areas for improvement and that he hopes this is a model to go forward to target 30% or more in conservation, immediately, rather than long-term gains with recycled water.

M/S Howard/Pierce to authorize the City Manager to submit an application to participate in the Bay Area Users Association Large Landscape Water Conservation Audit Program. The motion passed by a unanimous voice vote.
MINUTE ORDER 02-324

Recess: 8:37 - 8:46 p.m.

C. Building Codes Adoption;

Subcommittee Member Hartnett thanked the Building Code Review Committee members Keith Bautista, Chair; Creighton Pockalny and John Murphy for their service. Council Member Hartnett explained a sense of urgency with respect to the adoption of the recommended ordinance revisions so that there is not a lapse in the applicability of the City’s building codes. The recommendation of the Subcommittee is fully stated in the written report and that is to adopt the recommendation of the Public Code Review Committee with two specific changes that will enable the Council to quickly adopt the ordinance recommendation and not be meshed in the Statewide controversy.

M/S Hartnett/Ira to:
1. Introduce the building codes ordinance, as amended by the Council subcommittee, for first reading. Schedule a public hearing for December 2, 2002;

INTRODUCTION OF AN ORDINANCE REPEALING ARTICLES IV, V, VI, VII, VIII AND ARTICLE IX, DIVISIONS 1, 2, AND 3 OF CHAPTER 9 OF THE CODE OF THE CITY OF REDWOOD CITY; ADDING ARTICLES IV, V, VI, VII, VIII, AND ARTICLE IX, DIVISIONS 1 AND 2 OF CHAPTER 9 TO THE CODE OF THE CITY OF REDWOOD CITY RELATING TO THE ESTABLISHMENT OF REGULATIONS AND STANDARDS FOR BUILDINGS AND STRUCTURES IN THE CITY OF REDWOOD CITY AND ADOPTING BY REFERENCE THE FOLLOWING CODES: “THE UNIFORM BUILDING CODE 1997 EDITION”; “THE UNIFORM BUILDING SECURITY CODE, 1997 EDITION”; “THE UNIFORM HOUSING CODE, 1997 EDITION”; “THE UNIFORM MECHANICAL CODE, 2000 EDITION”; “THE UNIFORM PLUMBING CODE, 2000 EDITION”; “THE ICC ELECTRICAL CODE ADMINISTRATIVE PROVISIONS; 2000 EDITION”; “THE NATIONAL ELECTRICAL CODE, 1999 EDITION”; AND “THE UNIFORM CODE FOR BUILDING CONSERVATION, 1997 EDITION”

RESOLUTION 14477 FINDING AND DETERMINING THAT, BECAUSE OF LOCAL CONDITIONS, THE PUBLIC HEALTH, SAFETY, WELFARE, AND NECESSITY, REQUIRE CHANGES OR MODIFICATION TO CERTAIN PROVISIONS OF ARTICLE IV, V, VI, VII, VIII, AND ARTICLE IX OF CHAPTER 9 AND OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO THE ESTABLISHMENT OF REGULATIONS AND STANDARDS FOR BUILDING AND STRUCTURES IN THE CITY OF REDWOOD CITY AND ADOPTING BY REFERENCE THE FOLLOWING CODES: “THE UNIFORM BUILDING CODE, 1997 EDITION”; “THE UNIFORM BUILDING SECURITY CODE, 1997 EDITION”; “THE UNIFORM MECHANICAL CODE, 2000 EDITION”; “THE UNIFORM PLUMBING CODE, 2000 EDITION”; “THE NATIONAL ELECTRICAL CODE, 1999 EDITION”, AND THE “UNIFORM CODE FOR BUILDING CONSERVATION, 1997 EDITION”, AS MODIFIED AND MADE APPLICABLE TO THE CITY OF REDWOOD CITY;

The motion passed by a unanimous roll call vote by those present.
MINUTE ORDER 02-325

D. Adoption of the 2000 Uniform Fire Code;

Administrative Chief/Fire Marshall Vella stated that the code is adopted every three years and that there are minor changes to the document.

M/S Ruskin/Ira to INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY REPEALING ARTICLE II OF CHAPTER 12 OF THE REDWOOD CITY MUNICIPAL CODE; ADDING ARTICLE II OF CHAPTER 12 TO THE REDWOOD CITY MUNICIPAL CODE RELATING TO FIRE PREVENTION; AND ADOPTING BY REFERENCE AND AS AMENDED THE “UNIFORM FIRE CODE, 2000 EDITION”, AS PUBLISHED BY WESTERN FIRE CHIEFS ASSOCIATION;
and
ADOPT RESOLUTION 14478 FINDING AND DETERMINING THAT, BECAUSE OF LOCAL CLIMATIC, GEOGRAPHICAL AND TOPOGRAPHICAL CONDITIONS, THE PUBLIC HEALTH, SAFETY, WELFARE, AND NECESSITY, REQUIRE CHANGES OR MODIFICATION TO CERTAIN PROVISIONS OF CHAPTER 12 OF THE REDWOOD CITY MUNICIPAL CODE RELATING TO THE ADOPTION BY REFERENCE OF “THE UNIFORM FIRE CODE, 2000 EDITION”, AS MODIFIED AND MADE APPLICABLE TO
THE CITY OF REDWOOD CITY; MINUTE ORDER 02-326

E. Appeal of a Zoning Ordinance Interpretation to Prohibit Sales of Professional Beauty Products at 2652 Broadway;

City Manager Everett stated that staff had no report at this time, but that a major written response to a document submitted by the appellant on September 23 had been prepared by the City Attorney.

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

David Blackwell stated that Innovations did not receive the City Attorney’s response until October 30 and the staff report on October 31. He stated that the scope of the appeal is as was on September 23, the determination of the Zoning Administrator that the use is not retail use. Mr. Blackwell explained that the agenda states that the appeal pertains to the Zoning Administrator’s decision that the business is not a permitted accessory use and that the appeal, in fact, has nothing to do with that point. In summary, he stated that his client came to the City with a use, a business license application was submitted in June, specifically, indicating that the business is a beauty supply sales to membership only. At no time was there any indication that this was a problem. He asked that whatever the decision is, that the parties be left with a mechanism to have reasonable, fair and good faith discussion to find a resolution, particularly, if it is a Conditional Use Permit.

Vic Cochran stated that the business came with the best of intentions to open the store and service the community. He further stated that the intention is to find a way to resolve the problem and go forward.

Joe Hess stated that this is a retail operation servicing those in the business of hairdressing.

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

Council questions and discussion evolved.

City Attorney Yamamoto stated that the issue before the Council is whether or not the Zoning Administrator made a correct determination as to whether this particular use can go into the CBR district. The Council is to determine whether or not the ordinance was applied correctly and it is not limited in scope to what the appellant believes was the scope of his appeal.

M/S Ruskin/Hartnett to deny the appeal, thereby upholding the interpretation of the Zoning Administrator to not allow the proposed use in the “CBR” (Central Business Retail) District because it is not a permitted accessory use in that district.

The motion passed by a unanimous roll call vote. MINUTE ORDER 02-327

F. Amendment to Redevelopment Agency Reimbursement Agreement and City Improvement Agreement with Irvine Apartment Communities (IAC);

Executive Director Church explained that this is a companion report that is also on the Redevelopment Agency agenda. The action as the City Council is to amend the improvement agreement for the One Maple Street Subdivision, known as the Franklin Street Apartments. The Redevelopment Agency agenda item asks that the budget be amended; include money to pay for the improvement obligations incurred as part of the original DDA. Additionally, this agreement is part of an extension of the improvements to the Lathrop and Maple Street connection. The amendment would rescind the decision to close Lathrop Street. The action on the Redevelopment Agency agenda would be to fund the work.

M/S. Ruskin/Pierce to amend the Agreement for Improvement of One Maple Street Subdivision to eliminate the reference to the closure of Lathrop Street at Maple Street; and to extend the City’s bonding requirements to the Maple/Lathrop work; and adopt:
RESOLUTION 14479 RESCINDING IN ITS ENTIRETY, SECTION 6 FROM RESOLUTION 13907 AND APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT NO.1 TO AGREEMENT FOR IMPROVEMENT OF ONE MAPLE STREET SUBDIVISION RELATING TO THE FRANKLIN STREET PROJECT BETWEEN THE CITY OF REDWOOD CITY AND IRVINE APARTMENT COMMUNITIES, L.P.;

The motion passed by a unanimous roll call vote. MINUTE ORDER 02-328

CONVENE THE REDEVELOPMENT AGENCY MEETING

(SEE SEPARATE AGENDA)

RECONVENE THE REGULAR SESSION OF THE CITY COUNCIL

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. 38-2002. 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).

13. CLOSED SESSION - No action to report.

14. ADJOURNMENT - 11:13 p.m.

M/S Jordan/Ruskin to adjourn until the next Special Meeting of November 18, 2002. The motion passed by a unanimous voice vote.

Respectfully submitted,

Patricia S. Howe, CMC
City Clerk