The Council of the City of San José convened in regular session at 9:30 a.m. in Council Chambers at City Hall.
Present Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent Council Members: None.
Upon motion unanimously adopted, Council recessed at 9:35 p.m. to Closed Session in Room 600 (A) to confer with Legal Counsel with respect to existing litigation pursuant to Government Code Section 54956.9, subsection (a), to consider the cases of (1) In Re: George; (2) In Re: Long; (3) Ruffo, et al. v. City of San José, et al.; and (4) City of San José v. Pursley; and (B) for the purpose of conducting Public Employee Performance Evaluation, City Auditor, pursuant to Government Code Section 54957.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:50 a.m. and reconvened at 1:35 p.m. in the Council Chambers.
Present Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent Council Members: None.
Gary Lee, Chinese Baptist Church, delivered the invocation. (District 9)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
1.1 Presentation of a proclamation declaring Saturday, October 13, 2001 as Keiro-Kai Day in the City of San José (a national holiday in Japan to honor and pay tribute to the elderly citizens of their nation). (Chavez)
(Rules Committee referral 10/3/01)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Chavez and Susan Sakai-McClure, Supervising Public Safety Dispatcher, who accepted the proclamation and thanked the City for recognizing Japan’s national holiday and the tribute to the elderly citizens of the nation.
1.2 Presentation of commendations to Mrs. Toku Ono, 102 years old, and Mrs. Hisako Yamamoto, 101 years old, in recognition of their work with Keiro Kai, and their extraordinary lives. (Chavez)
(Rules Committee referral 10/3/01)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzalez at the Podium, Council Member Chavez presented the commendation to the honorees, which was accepted by Supervisor Susan Sakai-McClure, in recognition of the honorees’ life-long work with Keiro Kai.
City Council Members joined Mayor Gonzales in special acknowledgement of Fire Prevention Week in the City of San José, October 7, 2001 through October 13, 2001, and the anniversary of the Great Chicago Fire of October 9, 1871, commemorated with the national theme “To Cover All Bases and Strike Out Fires”. Mayor Gonzales stated the Fire Department will be hosting an Open House at Fire Stations 13 and 16, and invited all citizens to participate in the festivities scheduled on October 9, 2001. He commended personnel from the San José Fire Department for their generous contributions to the rescue efforts in New York.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 11-0-0-0.
2.2 Final adoption of Ordinance No. 26485 – Amends Ordinance No. 26382 to change the name of a commercial solid waste and recyclables collection franchisee from Waste Management, Inc., dba Hollister Disposal to USA Waste of California, Inc.
Documents Filed: Proof of publication of title of Ordinance No. 26485, executed on October 2, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26485 was adopted. Vote: 11-0-0-0.
2.3 Adoption of a resolution authorizing the City Manager to submit a Passenger Facility Charges application to the Federal Aviation Administration to amend the Noise Attenuation Project to use PFCs at the current $4.50 PFC level to treat the new areas included in the Calendar Year 2000 Measured 65 dB CNEL Noise Contour. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated September 19, 2001, recommending the adoption of said resolution.
Discussion/Action: Resolution No. 70652, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit an Application to the Federal Aviation Administration to Amend the Noise Attenuation Project to Use Passenger Facility Charges (PFCs) at the $4.50 PFC Level to Treat the New Areas Included in the Calendar Year 2000 Noise Contour”, was adopted. Vote: 11-0-0-0.
2.4 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #8, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey. dated September 19, 2001, recommending approval of said open purchase orders, and authorizing the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List #8 for Fiscal Year 2001-2002 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
2.5 Adoption of a resolution authorizing the Director of General Services to execute a first amendment to the agreement with Minnesota Mining and Manufacturing Company (3M) for the purchase of six additional self-check systems for the Library at a total cost of $146,910, including tax and installation. (General Services)
Documents Filed: (1) Supplemental Memorandum from City Librarian, Jane Light, dated October 3, 2001, providing specific information about the deployment of the customer self-service checkout system recommended for purchase through the Department of General Services. (2) Memorandum from Acting Director of General Services, Francis B. McVey, dated September 19, 2001, recommending adoption of said resolution.
Discussion/Action: Resolution No. 70653, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute a First Amendment to the Agreement with Minnesota Mining and Manufacturing Company (3M)”, was adopted. Vote: 11-0-0-0.
2.6 Adoption of a resolution initiating proceedings and setting November 13, 2001 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Sunol No. 63 which involves the annexation to the City of San José of 1.17 acres of land, located on the west side of Northrup Street at Interstate 280, approximately 85 feet north of Paula Street and generally bounded by the City of San José Annexation #2,395 – Sunol No. 48, the City of San José Annexation #2,428 – Sunol No. 49, the City of San José Annexation #2,466 – Sunol 53, and the City of San José Annexation #623 – Sunol No. 14, and the detachment of the same from the appropriate special districts including the Central Fire Protection District, County Library Service Area, and Santa Clara Valley County Water. CEQA: ND. Council District 6. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph Horwedel, dated September 19, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70654, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Sunol No. 63 and Described Herein, and Setting the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 11-0-0-0.
2.7 Adoption of a resolution to accept a $250,000 grant from the California State Department of Health Services for local enforcement of Tobacco Control Laws and adoption of related appropriation ordinance and funding sources resolution amendments in the General Fund. (Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated September 27, 2001, recommending adoption of a resolution to accept said grant from the California State Department of Health Services and approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Resolution No. 70655, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Grant from the California State Department of Health Services for Local Enforcement of Tobacco Control Laws in an Amount Not to Exceed $250,000 and to Execute All Related Documents”; Ordinance No. 26489, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys the General Fund to Establish an Appropriation to the Police Department in the Amount of $69,434 for Local Enforcement of Tobacco Control Laws; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70656, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, were adopted. Vote: 11-0-0-0.
2.8 Adoption of a resolution to accept an award for an Office of Criminal Justice Planning 2001-02 Anti-drug Abuse Grant in the amount of $142,167 and adoption of a separate appropriation ordinance and funding sources resolution in the General Fund to establish an appropriation to the Police Department for expenses related to the grant. (Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated September 19, 2001, recommending adoption of a resolution to accept said grant from the California State Department of Health Services and approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Resolution No. 70657, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Grant from the Office of Criminal Justice Planning in an Amount Not to Exceed $142,167, to be Used for the Anti-Drug Abuse Grant Program and to Execute All Related Documents”; Ordinance No. 26490, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 which Appropriates Moneys in the General Fund to Establish an Appropriation to the Police Department in the Amount of $142,167, for Anti-Drug Abuse Grant; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70658, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, were adopted. Vote: 11-0-0-0.
2.9 Adoption of a resolution of intention to vacate the public sidewalk easement in the north end of La Crescent Place, and setting a public hearing on October 30, 2001 at 1:30 p.m. CEQA: Exempt. Council District 9. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated September 19, 2001, recommending adoption of said resolution.
Discussion/Action: Resolution No. 70659, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate the Sidewalk Easement Lying at the North End of La Crescent Place”, was adopted. Vote: 11-0-0-0.
2.10 Report on the East Side Union High School District’s intent to dispose of a 13.08 acre piece of surplus property located at the southwest corner of Quimby Road and Arcade Avenue, and adoption of a resolution declaring interest in the acquisition of a portion of that property, and authorizing the City Manager to negotiate the acquisition. (Planning, Building and Code Enforcement) (District 8)
(Deferred from 10/2/01 – Item 2.7)
Documents Filed: (1) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph Horwedel, dated September 14, 2001, reporting the intent of the East Side Union High School District to dispose of a 13.08-acre property located at the southwest corner of Quimby Road and Arcade Avenue. (2) Supplemental memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph Horwedel, dated September 28, 2001, recommending adoption of a resolution indicating the City’s interest in the acquisition of a portion of the surplus East Side Union High School District property located at the southwest corner of Quimby Road and Arcade Avenue for park purposes and amending Table 1 of the City’s School Site Reuse Plan to reflect this interest.
Discussion/Action: The report on the East Side Union High School District’s intent to dispose of the surplus property was accepted and Resolution No. 70660, entitled: “A Resolution of the Council of the City of San José Declaring an Interest in the Acquisition of All or a Portion of the East Side Union High School District’s Surplus Property Located at the Southwest Corner of Quimby Road and Arcade Avenue”, was adopted. Vote: 11-0-0-0.
2.11 Approval of Independent Police Auditor’s, Teresa Guerrero-Daley, travel to Denver, Colorado, October 10-13, 2001, to speak at the National Association on Civilian Oversight of Law Enforcement (NACOLE) on the topic of “Implementing Civilian Oversight: Striking a Balance.” Funding: Office of the Independent Police Auditor. (Independent Police Auditor)
(Rules Committee referral 10/3/01)
Documents Filed: Memorandum from Independent Police Auditor Teresa Guerrero-Daley, dated October 1, 2001, requesting approval to travel to Denver, Colorado, October 10-13, 2001, to speak at the National Association on Civilian Oversight of Law Enforcement meeting.
Discussion/Action: William J. Garbett spoke against the proposed action. The travel of Independent Police Auditor Teresa Guerrero-Daley on October 10-13, 2001 was approved. Vote: 11-0-0-0.
2.12 (a) Adoption of a resolution
(1) Authorizing the Director of General Services to execute the second amendment to the Agreement for Management of Airport Common Use Rental Car Bus System to add provisions for alternate compensation to the contractor for schedule interruptions and CPI increase for curb monitors; and;
(2) Authorizing the Director of General Services to execute the first amendment to the Agreement for Management of Airport Shuttle Bus Transportation Personnel and Shuttle Bus Scheduling to add provisions for alternate compensation to the contractor for schedule interruptions.
CEQA: Resolution No. 67380. (Airport)
(Rules Committee referral 10/3/01)
Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth and Acting Director of General Services Francis B. McVey, dated October 2, 2001, recommending adoption of said resolution.
Discussion/Action: Referencing Item 2.12(a)(1) and the CPI increase for Curb Monitors at the Airport, Director of Aviation, Ralph G. Tonseth stated the recommended action should be amended to exclude CPI increases because the wages are determined by another method; Curb Monitors are subject to Living Wage provisions, and those adjustments are determined using a different basis than the CPI adjustment method. Upon motion by Council Member Williams, seconded by Council Member Diquisto and unanimously carried, the recommended action was approved as modified by Staff to exclude the Consumer Price Index (CPI) increases for Curb Monitors, and Resolution No. 70661, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute: (a) The Second Amendment to the Agreement with Shuttleport California, LLC, for Management of the Airport Common Use Rental Car Bus System; and (b) The First Amendment to the Agreement with Shuttleport California, LLC, for Management of Airport Shuttle Bus Transportation Personnel and Shuttle Bus Scheduling”, was adopted. Vote: 11-0-0-0.
3.2 Report of the Rules Committee – September 26, 2001
Documents Filed: Rules Committee Report of September 26, 2001.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review October 9, 2001 Draft Agenda
The Committee approved the October 9, 2001 City Council Agenda.
(2) Add New Items to October 2, 2001 Amended Agenda
The Committee recommended four additions to the October 2, 2001 City Council Agenda.
(c) City Council Committees
Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee. Attachment: Draft Agenda for October 10, 2001 meeting.
The Committee recommended an addition to the Finance and Infrastructure Committee Agenda for October 10, 2001 entitled, “Report on Due Diligence Work Performed on –Government Initiatives (Information Technology.”)
(b) Economic Development and Environment Committee
None Presented.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(c) Education, Neighborhoods, Youth, and Seniors Committee.
None Presented.
(d) Meeting Schedules
None Presented.
(e) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated September 13, 2001, listing the items transmitted to the Administration and those items filed for the Public Record for the period September 12-18, 2001.
The Committe noted and filed the Public Record for the period September 12-18, 2001
(f) Boards, Commissions and Committees.
None Presented.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee.
(1) Report from Administration on workload assessment to provide discounted parking rates in regional parks for seniors, veterans, and people with disabilities. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 25, 2001, recommending acceptance of a discounted parking rate program in regional parks for seniors, veterans and persons with disabilities.
The Committee accepted the recommendation on a discounted parking rate program in regional parks for seniors, veterans, and persons with disabilities and directed Staff to present the required documentation to implement this program to Council for action on November 6, 2001.
(h) Administrative Reviews and Approval.
None Presented.
(i) Oral Communications
None Presented.
The meeting was adjourned at 2:15 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee report and actions of September 26, 2001 were accepted. Vote: 11-0-0-0.
3.3 Report of the Finance and Infrastructure Committee – September 26, 2001
Documents Filed: Finance and Infrastructure Committee report of September 26, 2001.
(a) Consent Items
(1) Monthly Investment Report for July 2001. Attachment: Memorandum from Scott P. Johnson, Director of Finance, dated August 24, 2001, transmitting said report.
July Monthly Report. Attachment: Memorandum from City Auditor Gerald A. Silva, dated September 17, 2001, transmitting said report.
The Committe accepted the reports and approved the Consent Items.
(b) Wireless Contractual Services at the Airport. Attachment: Memorandum from Aviation Director Ralph G. Tonseth, dated September 5, 2001, recommending approval of the Airport Department’s recommendation to retain a consultant to provide a comparative cost benefit analysis of a sole centralized wireless provider versus separate wireless service providers at the San José International Airport, pursuant to the Mayor’s June Budget Message, and to direct Staff to return to the Finance and Infrastructure Committee in January 2002 with a report addressing the cost-benefit issues raised in the Mayor’s June Budget Message.
The Committe accepted the report.
(c) Major Information Technology Projects Update. Attachment: Memorandum from Wandzia Grycz, Chief Information Officer, Information Technology, dated September 18, 2001, transmitting said report and recommending its acceptance.
The Committe accepted the report.
(d) Comprehensive Annual Financial Report for Year Ended 2000-01. Attachment: Memorandum from City Manager Del Borgsdorf and Finance Director Scott P. Johnson, dated August 28, 2001, transmitting the City of San José’s 85th Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2001.
The Committe accepted the CAFR report.
(e) Monthly Financial Statement for August 2001
(f) Capital Cost Report for August 2001
(g) Cash Flow Projection
Items 3.3(e), (f), and (g) were reported out at Redevelopment Agency Board meeting.
(h) Oral Petitions
William J. Garbett spoke on the IT investments and the new auditing firm.
(i) Adjournment - The Committee adjourned at 4:55 p.m.
Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Finance and Infrastructure Committee report and actions of September 26, 2001 were accepted. Vote: 11-0-0-0.
6.1 Review and discussion of Smart Growth, Land Use, and Transportation Policies and Strategies.
(Planning, Building, and Code Enforcement/Transportation)
Documents Filed: See Item 4.2 for documents filed.
Discussion/Action: This item was renumbered to 4.2 and was heard in the evening.
7.1 (a) Acceptance of the status report on the preparations for transition to the 2002 Recycle Plus Program.
(b) Acceptance of the Integrated Waste Management Efficiency Review.
(c) Approval of the customer rate structure for the Recycle Plus Multi-Family Dwelling Bin2 Program beginning July 1, 2002.
(d) Approval of the following Recycle Plus rates for services beginning July 1, 2002:
(1) Set the rate for the new 20-gallon mini garbage cart at $12.95 per month; and,
(2) Set the optional yard trimmings cart subscription rate at $2.00 per month.
(Environmental Services)
(Deferred from 9/20/01 – Item 7.1 and 9/25/01 – Item 7.4)
Documents Filed: (1) Memorandum from Mayor Gonzales, Vice Mayor Shirakawa, Jr., and Council Members Chavez, Dando, and Yeager, dated October 5, 2001, recommending approval of the customer rate structure for the Recycle Plus Multi-Family Dwelling Bin Program for service beginning July 1, 2002, and approval of the following Recycle Plus rates for services beginning July 1, 2002: (a) Set rates for the new 20-gallon mini garbage cart at $14.50 per month, and (b) Set rate for optional yard trimmings cart subscription at $1.00 per month. (2) Supplemental memorandum from Director of Environmental Services, Carl W. Mosher, dated October 3, 2001, responding to questions by Council at the September 25, 2001 meeting. (3) Hard copy of the slide presentation by Staff entitled, Recycle Plus Updated, October 9, 2001.
Discussion/Action: Director of Environmental Services, Carl W. Mosher, presented an overview of the Recycle Plus activities to date, including information obtained from further analyses of various Recycle Plus program elements, and provided options for the new service for mini garbage carts and yard trimmings cart subscriptions. As directed by Council on September 25, 2001, he described the cost avoidance previously projected in the Recycle Plus 2002 contracts and the differences in contract costs between current and proposed programs; explained potential impacts to the General Fund and compared operating expenditures and unrestricted fund balance to the current and new programs; and pointed out the impact of maintaining the unrestricted fund balance reserve and the effect on ratepayers. He discussed the loss of revenue, should the 20-gallon mini-garbage cart be offered at the reduced rate, and the impact of providing yard trimmings carts with no subscription charge, and explained the impact of eliminating the second street sweep component and using the funding for the yard trimmings cart program.
Council Member Cortesé referenced the section on “Yard Trimmings Cart” of the October 5, 2001 memorandum co-authored by Mayor Gonzales, and asked Staff to explain the implication of the statements “Reducing the rate to $1.00 will more closely balance the additional costs to the benefits of cart service and projected migration reaches close to 50%”, and “The impact of these two rate adjustments would offset any significant impact to the operating fund”, and whether the increases are cost neutral. With respect to the fiscal impact to the City, he stated the extent of the migration is unknown for the increased usage of yard carts, and queried Staff on the migration formula and the factor in the formula that creates additional revenue or savings to the City. He asked Staff to provide information showing how the projections related to migration parallels the cost of service. He stated the City’s estimate on the $12.95 to $14.50 rate is approximately $500,000 and would create a $1 million deficit on the yard trimmings cart subscription rate; the estimated $1 million in lost revenue for yard trimming rates and the $200,000 to $300,000 for the 20-gallon cart is approximately $700,000 to $800,000 and is more than Staff’s original proposal, and asked Staff to identify the source of the funding, and to forward that information to Council. Council Member Cortesé noted Staff’s insufficient responses to his questions and clarification of his concerns, coupled with underlying philosophical differences in the application of subscription rates, which rate structure he deemed unfair, and stated he would not support the recommendations. Noting her concerns regarding the new facilities of Norcal and the subcontractor and the issuance of permits, Council Member Dando asked Staff to return to Council on or before November 1, 2001 with a status report, and to prepare a back-up plan for presentation to Council, in the event the permits have not been issued. Council Member Reed expressed his concerns regarding cart costs and the loss of revenue to the City, and emphasized the importance for minimizing the impact to the General Fund. In reviewing the calculations prepared by Staff, he stated the proposals for the yard waste cart and the 20-gallon cart would result in a $3.2 million deficit, and the City would be forced to use the entire beginning fund balance and enter the new fiscal year with a deficit. He asked Staff to review the projections and return to Council with a supplemental report, which would include reserves and minimize negative impacts to the General Fund. He stated the City Manager’s Annual Report reveals substantial declines in revenues in various categories, some of which will clearly impact the General Fund; therefore, the addition of another negative impact to the General Fund must be prevented, if possible, and more than a 1% cushion must be built into these projections.
Council Member Dando asked Staff to add to the report requested by Council Member Reed subscription rate calculations that reflect the cost of on-street collection of yard waste versus the use of the cart. Noting dissatisfaction with varying aspects of the proposal and the recommended action, Council Member LeZotte stated the program is not equitable because one subscriber subsidizes the service of another, and since the program is optional, the services should be rendered in accordance with an impartial rate structure. William J. Garbett spoke against the proposed action; and Ross Signorino commented on the proposed rate structure.
Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and carried, the recommendations contained in the October 5, 2001 memorandum from Mayor Gonzales, Vice Mayor Shirakawa, Jr., and Council Members Chavez, Dando and Yeager to (1) approve the customer rate structure for the Recycle Plus Multi-Family Dwelling Bin Program to begin service July 1, 2002; and (2) approve the Recycle Plus rates for services, beginning July 1, 2002 to (a) set the rate for the new 20-gallon mini garbage cart at $14.50 per month, and (b) to set the optional yard trimmings cart subscription rate at $1.00 per month, were approved with the City Attorney directed to return to Council with a status report and contingency plan in the event the permits for Norcal’s and the subcontractor’s new facility are not issued, and with the Administration directed to prepare and distribute to Council responses to the concerns raised by Council Members. Vote: 8-3-0-0. Noes: Cortese, LeZotte, Reed.
7.2 Approval of an agreement with Pacific Gas & Electric Company for conversion of overhead facilities to underground facilities within the In-Lieu Fee (Rule 20B) Underground Utility District at Almaden Road/Alma Avenue, in the amount of $516,868. CEQA: Exempt. Council District 7. SNI: Washington/Guadalupe.
(Public Works)
Documents Filed: Memorandum from Rajeev Batra, Acting Director of Public Works, dated September 19, 2001, recommending approval of said agreement with Pacific Gas & Electric Company.
Discussion/Action: Council Member Chavez asked Staff to provide Council with a current list of the City’s undergrounding facilities, and to submit a status report on PG&E as a utility service supplier and the impact on the City’s conversion strategies, if any, as part of the SNI discussions. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, the agreement with Pacific Gas & Electric Company was approved and its execution authorized. Vote: 11-0-0-0.
Vice Mayor Shirakawa, Jr. left Chambers at 3:15 p.m.
Council Member Yeager left Chambers at this point in the meeting.
9.1 (a) Public Hearing and adoption of a resolution to implement the 2001-03 Federal Local Law Enforcement Block Grant Program; and
(b) Adoption of appropriation ordinance and funding sources resolution amendments in the Local law Enforcement Block Grant Fund and General Fund for the use of $1,126,700 in Block Grant funds and $125,189 in City matching funds.
(Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated September 19, 2001, recommending Council hold a public hearing on the adoption of said resolution to implement the 2001-03 Federal Local Law Enforcement Block Grant Program, and adoption of said appropriate ordinance and related revenue resolution amendments.
Discussion/Action: Mayor Gonzales opened the public hearing to consider actions related to the subject Program. There was no discussion from the Floor. Upon motion by Council Member Williams, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, Resolution No. 70662, entitled: “A Resolution of the Council of the City of San José Approving Implementation of the 2001-03 Local Law Enforcement Block Grant Program and Authorizing the City Manager to Execute All Documents Associated with the Program”; Ordinance No. 26491, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Local Law Enforcement Block Grant Fund in the Amount of $1,251,889 for the Police Department; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70663, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Local Law Enforcement Block Grant Fund”, were adopted. Vote: 9-0-2-0. Absent: Shirakawa, Jr., Yeager.
10.1 Adoption of resolutions by the City Council and Redevelopment Agency Board approving fiscal actions relative to the Civic Center Plaza Project:
(a) Adoption of resolutions by City Council and Agency Board approving the first amendment to the cooperation agreement between the City and Agency relative to the Civic Center Project providing for the repayment of the Agency by the City for the Civic Center site and Civic Center garage site:
(b) Adoption of a resolution by the Agency Board approving the reduction of $5,850,000 to the Adopted FY 2001-2002 Capital Budget Civic Center Plaza – Infrastructure project line in the Civic Plaza Redevelopment Area; and
(c) Adoption of a resolution by the Agency Board amending the FY 2001-2002 Agency appropriations resolution to reflect the reduction of the $5,850,000.
(City Attorney’s Office)
(Deferred from 9/25/01 – Item 10.1 and 10/2/01 – Item 10.1)
Documents Filed: None.
Discussion/Action: This item was deferred to October 23, 2001.
In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:
Tract: 9375
Location: SW/c Hedding Street and Park Avenue
District: 6
Developer: Rose Garden, LLC
Units: 11 Lots
Type: SFDR
(1) Pete Campbell spoke on the acquisition of the River Corporate Center for the purpose of consolidating all government offices.
(2) Ross Signorino asked Council to maintain City Hall at the current location, and build high-density housing on the proposed City Hall site in the Downtown.
Following Open Forum, the City Council recessed at 3:20 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall, to consider Item 4.2 pertaining to smart growth, land use, and transportation policies and strategies.
Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - None.
4.2 Review and discussion of Smart Growth, Land Use, and Transportation Policies and Strategies. (Planning, Building, and Code Enforcement/Transportation)
(Renumbered form Item 6.1)
Documents Filed: (1) Memorandum from City Manager Del D. Borgsdorf, dated September 28, 2001, presenting the Smart Growth Study Session agenda, analysis of outcomes, Overview of Smart Growth, and Upcoming Policy Issues and Challenges. (2) Portfolio on managing growth, fostering economic and housing development, and preserving open space in San José, entitled, Smart Growth. (3) Hard copy of the Staff presentation, entitled: Smart Growth San José.
Discussion/Action: As an introduction to Council discussion of the subject policies and strategies, City Manager Del D. Borgsdorf reviewed the contents of his September 28, 2001 memorandum on the concepts of Smart Growth in the City of San José, which speaks to a community that is environmentally sensitive, pursues sustainability and looks to the mobility of people at all income levels, in terms of strong housing components and the fiscal consequences related to the delivery of city government services. Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel introduced Acting Deputy Director Laurel R. Prevetti who acknowledged the contributions of employees in the Departments of Transportation and Planning, Building and Code Enforcement and their participation in the compilation of information used in the presentation to Council.
Acting Deputy Director Laurel Prevetti explored the City’s past and current Smart Growth policies and highlighted significant aspects of land use policy issues and their implications for Smart Growth and the delivery of high quality services in San José; identified some of the Smart Growth Principles and explained why San José development history is important to future development; and described strategies that work together as the foundation for a Smart Growth vision for San José in the areas of economic development, growth management, downtown revitalization, urban conservation and preservation, Greenline and Urban Growth Boundary, housing, and sustainable cities efforts. Using a three-dimensional graphic, she pointed out potential primary areas of growth by the year 2020, with emphasis on residential neighborhoods that will remain intact, certain corridors such as Stevens Creek and intensification of Santana Row, and Downtown San José with projected increase in activity of new and moderate growth along Santa Clara Street and maintenance of existing neighborhoods. She highlighted four primary areas of challenge for the future growth of San José, primarily, Downtown growth, more housing opportunities, transportation policy issues, and Coyote Valley Urban Reserve, and emphasized the importance of and purpose for certain triggers and timing of development in mid-Coyote and South Almaden Valleys. With respect to the boundary of the Specific Plan in Coyote Valley and development pressures in the Greenbelt, she stated the need for the City to consider a plan for the entirety of Coyote Valley is evident by the General Plan which clearly states that when planning development of mid-Coyote, North Coyote Valley must be included. Exhibiting computer images and simulations of the North First Street corridor and area surrounding Zorba’s Shopping Center in District 6, which were provided by Silicon Valley Joint Venture and Valley Transportation Authority, she described amenities that could be developed using more of the smart-growth elements, and concluded with the accomplishments, goals, and challenges associated with modifications to the Transportation Level of Service Policy, existing and future phases of the Housing Opportunity Study, the results of a new Fiscal Impact Study, and the challenges of high-quality service delivery in a City that has worked hard to become a more sustainable community using the smart-growth approach, and one which is more fiscally sound and exemplifies the strong policy framework and political will by accomplishing the objectives.
Referencing the “Future Growth Locations” slide presented by Staff, Council Member Cortesé asked Council to consider with him the future growth “Location” in Evergreen. He stated the east side of the terrain parallels the Greenline, supporting approximately 100,000 Evergreen residential dwellers between the west edge of the Location and Highway 101, having two exits only that operate at trip capacity. He stated the land area consists of 300+ acres of campus industrial, with entitlements, and could accommodate approximately 11,000 workers; however, the intersections currently operate at vehicular trip capacity. As the City considers citywide policies that will impact the Evergreen area, he requested assistance with the dilemmas of adhering to affordable housing goals and increased jobs base, given constraints of traffic capacity in Evergreen. He requested a copy of the 1993 Fiscal Impact Study referenced in the Staff presentation. With regards to ABAG’s projections, he stated the City of San José must assume responsibility of advising ABAG on San José’s growth potential and the data to use in ABAG’s projections. He stated the presentation on “Area Development Policies” is an excellent tool to use, to the extent it can be perfected as a living document for use during General Plan amendment discussions and decisions, and to assess impacts and consider a 15-20-year projection of the General Plan process.
Noting the 2020 General Plan as the foundation from which
the Planning Department and all participants work, Council Member Yeager
emphasized the necessity for Staff to incorporate in reports to the Planning
Commission and the City Council comprehensive and detailed information on any
project, information regarding suitable densities and heights; information
identifying infrastructure necessary to a community; information which could be
utilized by private enterprise in choosing between the construction of
single-family structures or 150-200-feet residential dwelling orientations and
solutions on integrating commercial with housing developments; information on available
options and related policy implications for an applicant or developer to
proceed with a project; and justification and analysis of the staff
recommendation for any given development. He stated project discussions should
be coordinated with and involve other City Departments, in an effort to enhance
the quality of relevant information disseminated to Council. Reflecting on his
involvement as a Planning Commissioner and member of the General Plan Horizon
2000 Task Force, and absent GP 75 and the start of smart-growth planning
processes, Council Member Reed stated the City would have developed another 70
square miles of open space, the Downtown would not be a source of pride, and
the regional economy and the City’s role in the creation of the wealth would
not have been a reality – which needs to be emphasized in the report; in
addition, Staff should add another section to the report and presentation with
the designation “Why Are We Doing This” and “What Are The Benefits”. During
Council deliberation of the strategies, Staff was requested (a) to continue to
look south to Morgan Hill and Gilroy and Monterey Bay Regions and north to San
Francisco Bay regions for smart-growth opportunities; (b) from the perspective
of “customer service” and because of over-lapping goals of the City, to review
some of the priorities and how they are funded; (c) to request from the
Association of Bay Area Governments (ABAG) the current 25-year projections of
residential growth for the region; (d) to review the Greenprint and the manner
in which it is funded; and (e) to prepare and distribute a report responding to
the concerns expressed by Council Members. Upon motion unanimously adopted, the report on Smart Growth principles was
accepted, and the Administration directed to include an additional component to
the reporting process, “The Reason For and the Benefits Derived From Smart
Growth in the City of San José”. Vote: 11-0-0-0.
The Council of the City of San José adjourned at 9:00 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK
NANCY ALFORD, ASSISTANT CITY CLERK