Giselle Hale, Mayor
Diana Reddy, Vice Mayor
Alicia C. Aguirre, Council Member
Lissette Espinoza-Garnica,
Council Member
Jeff Gee, Council Member
Diane Howard, Council Member
Elmer Martinez Saballos,
Council Member
MINUTES
MEETING LOCATION
CITY OF REDWOOD CITY
COUNCIL CHAMBERS
1017 Middlefield Road
Redwood City, CA 94063
www.redwoodcity.org
Virtual via Zoom:
redwoodcity.zoom.us
Meeting ID: 994 8182 5639
JOINT CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE AUTHORITY
REGULAR MEETING
Monday, October 24, 2022
6:00 PM
1. CALL TO ORDER – Mayor Hale called the meeting to order at 6:00 p.m.
2. ROLL CALL – All Council Members were present.
Staff present: City Manager Melissa Stevenson Diaz, City Attorney Veronica Ramirez, and City Clerk Pamela Aguilar.
3. PLEDGE OF ALLEGIANCE – Council Member Gee led the pledge of allegiance.
4. CLOSED SESSION
Closed session regarding existing litigation pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Litigation has been initiated formally pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9:
Names of Cases:
John Cowart v. City of Redwood City, Workers’ Compensation Appeals Board Case Nos. ADJ11093347 and ADJ12414557
Ted Lee Henson v. City of Redwood City, Workers’ Compensation Appeals Board Case Nos. ADJ14458445, ADJ10733399, ADJ10363417
Jason J. Manella v. City of Redwood City, Workers’ Compensation Appeals Board Case No. ADJ15216218
Miguel Deras v. City of Redwood City, Workers’ Compensation Appeals Board Case No. ADJ15720214
Thomas Jason White v. City of Redwood City, Workers’ Compensation Appeals Board Case Nos. ADJ14727024, ADJ14726950, ADJ14727712
At 6:36 p.m., the City Council returned to open session and Mayor Hale stated that there was no reportable action.
5. PRESENTATIONS/ACKNOWLEDGEMENTS
5.A. Swearing in of newly appointed BCC Members
City Clerk Pamela Aguilar administered the Oath of Office to the newly appointed members of the Housing and Human Concerns Committee and Planning Commission.
5.B. Proclamation recognizing Chan Zuckerberg Initiative (CZI) for community grant programs
Chan Zuckerberg Initiative (CZI) Director of Community Affairs Andrea Jones and Community Affairs Manager Alma Pulido accepted the proclamation.
6. PUBLIC COMMENT ON THE CONSENT CALENDAR, MATTERS OF COUNCIL INTEREST,
AND ITEMS NOT ON THE AGENDA
The following members of the public spoke:
• Bill Newell
• Marcelene Luna
• Chris Robell
• Taylor Pope
7. CONSENT CALENDAR
Motion and second, Aguirre and Espinoza-Garnica, to approve the Consent Calendar, passes unanimously by roll call vote.
7.A. Amendment No. 1 to agreement with Woodard & Curran for the Sanitary Sewer Master Plan (304) MO 22-180
Recommendation:
By motion, approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Woodard & Curran for professional engineering services to prepare a comprehensive Sanitary Sewer Master Plan, covering the time period October 24, 2022 until completion of services, for a not-to-exceed amount of $132,436, for a total not-to-exceed amount of $454,658.
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.B. Final acceptance of construction improvements for the development at 1180 Main, release of associated bonds, and approval of associated agreements with Premia 1180 Main Owner, LLC (304) MO 22-181
Recommendation:
1. By motion, approve and authorize the City Manager to execute the First Amendment to Stormwater Treatment Measures Maintenance Agreement with Premia 1180 Main Owner, LLC;
2. By motion, approve and authorize the City Manager to execute the Agreement Regarding Improvements in Right-Of-Way, Waiver, Release and Hold Harmless with Premia 1180 Main Owner, LLC; and
3. By motion, accept the construction improvements for the development at 1180 Main and authorize release of the bonds in accordance with the improvement agreement.
CEQA:
This activity is not a project under California Environmental Quality Act (CEQA).
On July 30, 2019, the Planning Commission adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project in accordance with the requirements of the California Environmental Quality Act.
7.C. Adopt revised Board, Commission, and Committee (BCC) Attendance Policy, as recommended by the Governance Sub-Committee (209) MO 22-182
Recommendation:
By motion, adopt the revised Board, Commission, and Committee (BCC) Attendance Policy, as recommended by the Governance Sub-Committee.
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.D. Accept annual report from the Redwood City Improvement Association (RCIA) (506) Reso 16085 (0077)
Recommendation:
Adopt a resolution accepting the Redwood City Improvement Association annual report and financial statement for Fiscal Year 2020-2021 from the Redwood City Improvement Association and authorizing the Redwood City Improvement Association to implement the services identified in the Management District Plan.
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.E. Amendment No. 5 to agreement with Jana Kiser for diversity, equity and inclusion consultancy to support City Diversity, Equity and Inclusion (DEI) initiatives (304) MO 22-183
Recommendation:
By motion, approve and authorize the City Manager to execute Amendment No. 5 to the Agreement for Services between the City of Redwood City and Jana Kiser for consultant support for City Diversity, Equity and Inclusion (DEI) initiatives, covering the time period of October 24, 2022 until services are completed, and to increase the not to exceed amount by $50,000, for a total contract amount of $282,000.
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.F. Agreement with StarVista to provide alcohol and drug abuse support at their First Chance Facility in San Mateo County (304) MO 22-184
Recommendation:
By motion, determine that due to the unique nature of desired services, there is only one reasonable and practical source for the required services and the contract may be awarded without a competitive bidding process, and approve and authorize the City Manager to execute a five-year agreement, covering the time period July 1, 2020 to June 30, 2025, not-to-exceed amount of $220,685 between the City of Redwood City and StarVIsta, to provide alcohol and drug abuse intervention and counseling, and provide an alternative to incarceration for offenders at the First Chance facility (requires 5/7 vote).
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.G. Agreement with O'Dell Engineering to conduct community engagement and design services for Hoover Park and Pool Master Plan (304) MO 22-185
Recommendation:
By motion, approve, and authorize the City Manager to execute an Agreement for Services with O'Dell Engineering to conduct community engagement and design services for Hoover Park and Pool Master Plan in a not-to-exceed amount of $214,640.
CEQA:
Approval of the design services agreement is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment. However, the project to be designed will be reviewed for CEQA compliance. In addition, since the City will be using CDBG funds, there are National Environment Policy Act (NEPA) requirements where the consultant will need to meet. This work is included within the agreement.
7.H. Three-year Agreement for Services with YEI Engineers, Inc. for mechanical, electrical and plumbing (MEP) engineering and related services in an amount not to exceed $300,000 (304) MO 22-186
Recommendation:
By motion, approve and authorize the City Manager to execute a three-year Agreement for Services with YEI Engineers, Inc. in an amount not to exceed $300,000.
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.I. Waive second reading and adopt an ordinance amending Divisions 4 and 10 of Article VII of Chapter 20 (the “Parking Ordinance”) of the City Code of the City of Redwood City relating to parking in the downtown area (301) Ord 2512 (0008)
Recommendation:
Waive second reading and adopt an ordinance amending Divisions 4 and 10 of Article VII of Chapter 20 of the City Code of Redwood City relating to parking in the downtown area.
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.J. Waive second reading and adopt an ordinance amending Section 46.030 of the Code of the City of Redwood City relating to a city-wide minimum wage by adding a 5% cap on the annual cost of living increase to the minimum wage, including a catch-up provision, and rounding the minimum wage to the nearest five cents (301) Ord 2513 (0011)
Recommendation:
Waive second reading and adopt an ordinance amending Section 46.030 of the Code of the City of Redwood City relating to a city-wide minimum wage by adding a 5% cap on the annual cost of living increase to the minimum wage,
including a catch-up provision, and rounding the minimum wage to the nearest five cents.
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.K. Waive the second reading and adopt an ordinance repealing Redwood City Municipal Code Chapter 13, Article II and adopting a new Chapter 13, Article II regulating the use of disposable food service ware by food facilities (301) Ord 2514 (0010)
Recommendation:
Waive the second reading and adopt an ordinance repealing Redwood City Municipal Code Chapter 13, Article II and adopting a new Chapter 13, Article II regulating the use of disposable food service ware by food facilities.
CEQA:
This ordinance is exempt from the environmental review requirements of California Environmental Quality Act (“CEQA”) pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the provisions contained herein may have a significant effect on the environment. The Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment.
7.L. Resolution declaring a continued state of local emergency and affirming findings on the need for the City Council and other City legislative bodies subject to the Ralph M. Brown Act to hold hybrid or virtual meetings pursuant to AB 361 to preserve public health and safety (301) Reso 16086 (0081)
Recommendation:
Adopt a resolution of the City Council of the City of Redwood City declaring a continued state of local emergency and need for the City Council and other City legislative bodies subject to the Ralph M. Brown Act to hold hybrid or virtual meetings in order to ensure the health and safety of the public.
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
7.M. Approve Minutes of October 3, 2022 City Council meeting (301) MO 22-187
7.N. Approve claims and checks from October 24 - November 14, 2022 and the usual and necessary payments through November 14, 2022 (303) MO 22-188
8. PUBLIC HEARINGS - None
9. STAFF REPORTS
9.A. Consideration of adopting an urgency ordinance pursuant to Government Code Section 65858(a) imposing a moratorium on the Establishment of new retail uses engaged in firearm or ammunition sales (301) Ord 2515 (0014)
City Manager Melissa Stevenson Diaz and City Attorney Veronica Ramirez gave a presentation.
The following members of the public spoke:
• James Abrams
• Katie Goetz
• Ari Goldberg
• Tina Mercer
• Jane Buescher
• Bill Newell
• Kimberly Banks
• Maria Rutenberg
• Thomas Weissmiller
• Rich Bontempi
• Cheryl Rick
• Gabriela Mejia
• Ken Richard
• Eric Biland
• Elizabeth Stark
• Erika
• Pluto KZ
• Michael Schrader
• Betsy Snow
• Brenda Moreno
• Taylor Pope
• Megan Gardner
• Sophie Mintier
• Patty Tulloch
• Kris Johnson
Recommendation:
1. Direct staff to research and study potential regulations of retail establishments selling firearms or ammunition; and
2. Adopt an Urgency Ordinance pursuant to Government Code Section 65858(a) imposing a moratorium on the establishment of new retail uses engaged in firearm or ammunition sales (requires 5/7 vote).
CEQA:
This is not a project under California Environmental Quality Act (CEQA)
Motion and second, Espinoza-Garnica and Howard, to adopt an Urgency Ordinance pursuant to Government Code Section 65858(a) imposing a moratorium on the establishment of new retail uses engaged in firearm or ammunition sales, passes unanimously by roll call vote.
9.B. Ordinances adopting California State Fire and Building Codes by reference and local amendments thereto, including Reach Codes which aim to reduce Greenhouse Gas (GHG) emissions by reducing reliance on natural gas and emphasizing building electrification and other related actions and resolutions (305) MO 22-188
(305) Reso 16087 (0082)
(305) Reso 16088 (0078)
Community Development and Transportation Director Mark Muenzer, Chief Building Official Christina McTaggart, and Fire Marshall Gareth Harris gave a presentation.
The following members of the public spoke:
• Kendall Stansbury
• Carol Cross
• Gladwyn d’Souza
• Mike Kastrop
• Pluto KZ
• Taylor Pope
Recommendation:
1. Waive first reading and introduce the following ordinances:
a. Ordinance of the City of Redwood City Repealing Article II of Chapter 12 of the Redwood City Municipal Code and Adding a New Article II to Chapter 12 of the Redwood City Municipal Code Adopting the 2021 International Fire Code along with the 2022 Edition of the California Fire Code, as published by the California Building Standards Commission and the International Code Council; b. Ordinance of the City Council of the City of Redwood City Repealing Articles IV, V, VI, VII, VIII, IX and X of Chapter 9 (Buildings) of the Redwood City Code and Adopting New Articles IV, V, VI, VII, VIII, IX and X of Chapter 9 (Buildings) of the Redwood City Code Adopting Title 24, Parts 2 (Volumes 1 and 2), 2.5, 3, 4, 5, 6, 8, 10 and 11 of the California Code of Regulations, namely the 2022 California Building (all chapters, including Chapter 1, Division I and Division II), Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, and Green Building Standards Codes, as adopted by the California Building Standards Commission, together with certain amendments, exceptions,
modifications and additions thereto, and the 2021 International Property Maintenance Code; and
c. Ordinance of the City of Redwood City repealing Article XV of Chapter 9 (Buildings) of the Redwood City Code and Adopting a new Article XV of Chapter 9 (Buildings) to adopt local amendments to the 2022 edition of the California Green Building Standards Code, together with certain amendments, exceptions and additions thereto;
2. Set a Public Hearing on the adoption of these ordinances for November 14, 2022, commencing at 6:00 p.m. (or as soon thereafter as can be heard) in the Council Chambers of the City of Redwood City located at 1017 Middlefield Road, Redwood City, and direct staff to publish the required notice;
3. Adopt a Resolution of the City Council of the City of Redwood City adopting findings of necessity and need for amendments, deletions, and additions to the 2022 California Fire and Building Standards Codes; and
4. Adopt a Resolution of the City Council of the City of Redwood City amending Resolution No. 16046, Exhibit B – Parks Impact Fee Schedule to add a definition for the term Bedroom.
CEQA:
This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, pursuant to Section 15308 because it is an action taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment; pursuant to Section 15378(b)(5) because it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment; and pursuant to Section 15061(b) (3) because it can be seen with certainty that adoption of this ordinance will not have a significant effect on the environment.
Motion and second, Aguirre and Espinoza-Garnica, to:
1. Waive first reading and introduce the following ordinances:
a. Ordinance of the City of Redwood City Repealing Article II of Chapter 12 of the Redwood City Municipal Code and Adding a New Article II to Chapter 12 of the Redwood City Municipal Code Adopting the 2021 International Fire Code along with the 2022 Edition of the California Fire Code, as published by the California Building Standards Commission and the International Code Council; b. Ordinance of the City Council of the City of Redwood City Repealing Articles IV, V, VI, VII, VIII, IX and X of Chapter 9 (Buildings) of the Redwood City Code and Adopting New Articles IV, V, VI, VII, VIII, IX and X of Chapter 9 (Buildings) of the Redwood City Code Adopting Title 24, Parts 2 (Volumes 1 and 2), 2.5, 3, 4, 5, 6, 8, 10 and 11 of the California Code of Regulations, namely the 2022 California Building (all chapters, including Chapter 1, Division I and Division II), Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, and Green Building Standards Codes, as adopted by the
California Building Standards Commission, together with certain amendments, exceptions, modifications and additions thereto, and the 2021 International Property Maintenance Code; and
c. Ordinance of the City of Redwood City repealing Article XV of Chapter 9 (Buildings) of the Redwood City Code and Adopting a new Article XV of Chapter 9 (Buildings) to adopt local amendments to the 2022 edition of the California Green Building Standards Code, together with certain amendments, exceptions and additions thereto;
2. Set a Public Hearing on the adoption of these ordinances for November 14, 2022, commencing at 6:00 p.m. (or as soon thereafter as can be heard) in the Council Chambers of the City of Redwood City located at 1017 Middlefield Road, Redwood City, and direct staff to publish the required notice;
3. Adopt a Resolution of the City Council of the City of Redwood City adopting findings of necessity and need for amendments, deletions, and additions to the 2022 California Fire and Building Standards Codes; and
4. Adopt a Resolution of the City Council of the City of Redwood City amending Resolution No. 16046, Exhibit B – Parks Impact Fee Schedule to add a definition for the term Bedroom.
The motion passes unanimously by roll call vote.
10. MATTERS OF COUNCIL INTEREST
Mayor Hale made announcements regarding Diwali, the 11th Annual Dia de los Muertos celebration hosted by Casa Circulo Cultural on November 6, and the Veterans Day celebration on November 11.
10.A. City Council Member Report of Conferences Attended
10.B. City Council Committee Reports
A. Equity and Social Justice Sub-Committee – Vice Mayor Reddy gave an update.
B. Communications Sub-Committee – Council Member Aguirre gave an update.
10.C. City Manager (Oral) Update – City Manager Melissa Stevenson Diaz gave an update on items that will be heard at the upcoming November City Council meetings, including consideration of the Harbor View development on November 14 and Transit District establishment on November 28, as well as an organic waste program that aims to reduce methane emissions in household landfill waste bins.
11. ADJOURNMENT – Mayor Hale adjourned the meeting at 10:20 p.m.
Pamela Aguilar, CMC
City Clerk
Approved at the November 14, 2022 meeting.