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, Reed, Shirakawa, Jr., Yeager.
Absent: Council Members: Dando, Diquisto, LeZotte, Williams; Gonzales (all excused)
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to Closed Session in Room 600 to confer with Legal Counsel regarding anticipated litigation involving two matters where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from Closed Session, recessed at 10:35 a.m., and reconvened at 1:30 p.m. in the Council Chambers.
Present: Council Members: Campos, Chavez, Cortese, Dando, Reed, Shirakawa, Jr., Williams, Yeager.
Absent: Council Members: Diquisto, LeZotte; Gonzales (all excused).
The Reverend Verle Shore, Portuguese Baptist Church, delivered the invocation in English and Portuguese. (District 5)
Vice Mayor Shirakawa, Jr. led in the Pledge of Allegiance.
Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
1.1 Presentation of a commendation to the Association of Retired San José Police Officers and Fire Fighters in recognition of their commitment and service to the communities throughout the City of San José. (Campos)
Documents Filed: None.
Discussion/Action: Joining Vice Mayor Shirakawa, Jr. at the Podium, Council Member Campos introduced eight members of the Association of Retired San José Police Officers and Fire Fighters, and recognized the public safety officers for dedicating their lives to the protection and safety of the residents of San José, for helping to improve the quality of life for senior citizens, assisting students at homework centers, and in providing much-needed services to other charitable organizations. On behalf of the Mayor and City Council, Vice Mayor Shirakawa, Jr. presented the commendation to the Association and thanked the retirees for their hard work in the communities and their contributions to the City of San José.
1.2 Presentation of plaques to Victor Mike Farias for 2 years 10 months service on the Arts Commission, and to Janet Thompson for 1 year 4 months service on the Appeals Hearing Board. (Mayor)
Documents Filed: None.
Discussion/Action: The plaques for Victor Mike Farias and Janet Thompson will be mailed, as the honorees were unable to attend the Council meeting.
1.3 Presentation of a proclamation declaring May 2002 as Older Americans’ Month in the City of San José. (Mayor, Dando)
(Rules Committee referral 5/1/02)
Documents Filed: None.
Discussion/Action: As Council Liaison to the Senior Citizens Commission, Council Member Dando joined Vice Mayor Shirakawa, Jr. at the Podium to acknowledge Older Americans’ Month in the City of San José. She introduced Senior Citizens Commission Chair Lee Ann McClenahen, and Director of the Office on Aging Dave Peyton, who accepted the proclamation on behalf of more than 120,000 older Americans in the City of San José, and invited the Department Staff to stand to be recognized. Council Member Dando encouraged all residents to respond to the theme of the Special Month – Seniors Are Community Founders – by celebrating the contributions of the older residents to the community-at-large and supporting their independence and their sustained quality of life. Commission Chair McClenahen gave Council Member Dando a floral arrangement in recognition of the Liaison’s work with the seniors, and invited the seniors in the audience to stand and be recognized.
Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
2.1 Approval of City Council Minutes for:
(a) Adjourned regular meeting of October 25, 2001
(b) Adjourned regular meeting of October 26, 2001
Documents filed: Minutes of October 25 and 26, 2001.
Discussion/Action: William J. Garbett spoke against the proposed action. The Minutes were approved. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
2.2 (a) Final adoption of Ordinance No. 26611 – Amends Chapter 4.58 of Title 4 of the San José Municipal Code by adding a new Section 4.58.085 to exempt transfers of real property between domestic partners from the City’s real property conveyance tax.
Documents Filed: Proof of publication of title of Ordinance No. 26611, executed April 30, 2002, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26611 was adopted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
(b) Final adoption of Ordinance No. 26614 – Amends Chapter 4.46 of Title 4 of the San José Municipal Code to add a new section to suspend the collection of Building and Structures Taxes imposed for the construction of Special Incentive Industrial Use Tenant Improvements.
Documents Filed: Proof of publication of title of Ordinance No. 26614, executed May 3, 2002, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26614 was adopted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #32, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated April 17, 2002, recommending Council approve award of said open purchase order.
Discussion/Action: William J. Garbett spoke against the proposed action. The award of open purchase orders List #32 for Fiscal Year 2001-2002 was approved and execution of the purchase orders authorized. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
2.4 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with the County of Santa Clara increasing the amount by $20,000 for the Community Based Aftercare Program Subgrant, for a total amount of $920,000, for the period May 15, 2001 through June 30, 2002.
(b) Adoption of an appropriation ordinance and funding sources resolution amendments in the General Fund:
(1) Increase the revenue estimate for Revenue from Local Agencies by $20,000.
(2) Increase the CityWide appropriation for the Community Based Aftercare Program by $20,000.
(c) Adoption of a resolution authorizing the City Manager to negotiate and execute grant agreements with service providers to provide services to parents and at-risk youth increasing the total amount by $20,000, from $800,000 to $820,000.
(Parks, Recreation and Neighborhood Services/Budget Office)
Documents Filed: Memorandum from Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, and Budget Director Larry D. Lisenbee, dated April 17, 2002, recommending adoption of said resolutions and appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Resolution No. 70952 entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with The County of Santa Clara for the Community Based Aftercare Program In an Additional Amount Not to Exceed $20,000, for a Total Amount Not to Exceed $920,000"; Ordinance No. 26621 entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys In the General Fund In the Amount of $20,000 for the Community Based Aftercare Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption"; and Resolution No. 70953 entitled: “A Resolution of the Council 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", and Resolution No. 70954 entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Grant Agreements With Service Providers for the Community Based Aftercare Program In an Additional Amount not to Exceed $20,000, for a Total Amount not to Exceed $820,000", were adopted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
2.5 (a) Adoption of a resolution to accept the 2001-02 California Law Enforcement Equipment Program (CLEEP) Grant in the amount of $313,164.
(b) Adoption of the following amendments to the annual appropriation ordinance and funding sources resolution in the General Fund for Fiscal Year 2001-02:
(1) Establish
a 2001-02 CLEEP grant appropriation to the Police Department in the amount
of $313,164.
(2) Increase the revenue from the State by $313,164.
(Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated April 17, 2002, recommending Council adopt said resolution amendments to the annual appropriation ordinance and funding sources resolution.
Discussion/Action: Resolution No. 70955 entitled: “A Resolution of the Council of the City of San José Accepting a Grant From the California Law Enforcement Equipment Program for the Purchase of High Technology Equipment for the Police Department In an Amount not to Exceed $313,164"; Ordinance No. 26622 entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys In the General Fund In the Amount of $313,164 for California Law Enforcement Equipment Program Grant: and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption"; and Resolution No. 70956 entitled: “A Resolution of the Council 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: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
2.6 Adoption of a resolution to consider the establishment of Rule 20A Underground Utility District on Fourth, Fifth, and Sixth Streets, from Saint John to Santa Clara Streets, Seventh Street from Saint John to San Fernando Streets, Santa Clara and San Fernando Streets from Sixth to Seventh Streets, and Saint John Street from Third to Seventh Streets, and setting a public hearing on June 18, 2002 at 1:30 p.m. CEQA: Exempt, PP02-03-061. Council District 3. SNI: Saint James Square. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, dated April 17, 2002, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 70957 entitled: “A Resolution of the Council of the City of San José Setting the Time and Place for a Public Hearing to Consider the Establishment of Rule 20A Underground Utility District on Fourth Street, Fifth Street, Sixth Street from Saint John Street to Santa Clara Street, Seventh Street from Saint John Street to San Fernando Street, Santa Clara Street and San Fernando Street from Sixth Street to Seventh Street and Saint John Street from Third Street to Seventh Street on June 18, 2002 at 1:30 P.M.”, were adopted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
2.7 (a) Adoption of the following appropriation ordinance and funding sources resolution amendments in the General Fund:
(1) Establish a Citywide appropriation to the Department of Public Works in the amount of $30,000 for a feasibility investigation for the Communications Hill Community Facilities District.
(2) Increase the earned revenue estimate for Other Revenue by $30,000.
(b) Adoption
of the following appropriation ordinance and funding sources resolution
amendments in the Construction and Conveyance Tax
Fund - Fire Purposes:
(1) Establish an appropriation to the Department of Public Works in the amount of $20,000 for engineering support for the Communications Hill Fire Station Project.
(2) Increase the estimate for Earned Revenue by $20,000.
Council District 7. (Public Works/City Manager's Office)
Documents Filed: Memorandum form Director of Public Works Katy Allen, and Budget Director Larry D. Lisenbee, dated April 17, 2002, recommending Council adopt said appropriation ordinances and related revenue resolution amendments in the General Fund and in the Construction and Conveyance Tax Fund.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26623 entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys In the General Fund In the Amount of $30,000 for Communications Hill Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption; Resolution No. 70958 entitled: “A Resolution of the Council 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"; Ordinance No. 26624 entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Construction Tax and Property Conveyance Tax Fund in the Amount of $20,000 for Communications Hill Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption"; and Resolution No. 70959 entitled: “A Resolution of the Council 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 Construction Tax and Property Conveyance Tax Fund", were adopted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
2.8 Approval of the second amendment to the consulting services agreement with Acuent, Inc. for the upgrade of the Human Resources/Payroll System, to increase contract deliverables, extend project support by four weeks, and increase compensation by $147,200, for a total contract amount not to exceed $1,098,400, by reallocation of funds from existing project resources.
(Finance/City Manager’s Office/Information Technology)
(Deferred from 4/30/02 – Item 2.4)
Documents Filed: Memorandum from Director of Finance Scott P. Johnson, Acting Director of Human Resources Kay Winer, and Chief Information Officer Wandzia Grycz, dated April 20, 2002, recommending Council approve said amendment to the consulting services agreement.
Discussion/Action: The second amendment to the consulting services agreement with Acuent, Inc. was approved and its execution authorized. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
2.9 Report on bids and award of contract for the Almaden Winery Park Improvements Project to the low bidder, HSR, Inc., in the amount of $331,180, and approval of a contingency in the amount of $33,000. CEQA: Exempt, PP01-11-205. Council District 10. (Public Works)
(Rules Committee referral 5/1/02)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, dated April 30, 2002, recommending Council approve said contract award and contingency amount to the low bidder.
Discussion/Action: The award of said contract, with related contingency, to HSR, Inc., the low bidder, was approved and its execution authorized. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
2.10 Approval of Council Member Linda LeZotte’s travel to Las Vegas, Nevada, May 3-8, 2002, to attend the Investments Institute Conference. Funding: Federated Employees Retirement Board. (LeZotte)
(Rules Committee referral 5/1/02)
Documents Filed: None.
Discussion/Action: The request for Council Member LeZotte to travel to Las Vegas, Nevada, to attend the Investments Institute Conference was approved. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
2.11 Approval of Mayor Gonzales' travel to Washington, D.C., May 5-9, 2002, for City and VTA business. Funding: Valley Transportation Authority. (Mayor)
(Rules Committee referral 5/1/02)
Documents Filed: Memorandum from Mayor Gonzales dated May 2, 2002, requesting approval to travel to Washington, D.C. for City and VTA business.
Discussion/Action: The request for Mayor Gonzales to travel to Washington, D.C., for City and VTA business was approved. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
3.2 Report of the Rules Committee – Meeting of April 24, 2002
Documents Filed: Rules Committee report of April 24, 2002.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
The Redevelopment Agency items to be reported out at Redevelopment Agency Board meeting.
(b) City Council
(1) Review May 7, 2002 Draft Agenda
The Committee approved the May 7, 2002 City Council Agenda with one addition.
(2) Add New Items to April 30, 2002 Amended Agenda
The Committee recommended three additions and a “Change to Read” to the April 30, 2002 City Council Agenda.
(3) Review May 7, 2002 General Plan Agenda
The Committee approved the May 7, 2002 General Plan Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
The Committee recommended four additions to the Finance and Infrastructure Committee Meeting of May 8, 2002, Items d, e, f, and g.
(b) Economic Development and Environment Committee
The Committee recommended [1] two additions to the Economic Development and Environment Committee meeting of May 6, 2002, and [2] one addition to the June 3, 2002 Economic Development and Environment Committee Meeting, Item a.
(c) Education, Neighborhoods, Youth, and Seniors Committee
None Presented.
(d) Meeting Schedules
(1) Request to schedule an evening City Council meeting. Attachment: Memorandum from Deanna Santana, Assistant to the City Manager, dated April 19, 2002, requesting approval to schedule an evening City Council Meeting.
The Committee recommended approval to schedule an evening Joint City Council/Redevelopment Agency Meeting on June 11, 2002 at 7:00 p.m. in Council Chambers.
(e) The Public Record. Attachment: Memorandum from City Clerk Patricia O’Hearn, dated April 18, 2002, transmitting items filed for the Public Record for the period April 10-16, 2002.
The Committee noted and filed the Public Record for the period April 10-16, 2002.
(f) Boards, Commissions and Committees
None Presented.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(h) Administrative Reviews and Approval
(1) Approve Staff’s proposed recommendation on HR 4058 (formerly HR 3959), The Military Standards for Airport Security Screeners Act. Attachment: Memoranda from Director of Intergovernmental Relations, Betsy Shotwell, dated April 16 and May 3, 2002, recommending approval of staff’s proposed recommendation on HR 3959, The Military Standards for Airport Security Screeners Act, (Lofgren, Honda).
The Committee recommended approval of the Staff recommendation to support HR 3959 and urged the City’s position be distributed widely to garner support in the region in addition to working closely with the City’s California and Washington Legislative Delegations.
(i) Oral Communications
None Presented.
(j) Adjournment
The meeting was adjourned at 2:25 p.m.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Williams and unanimously carried, the Rules Committee Report and actions of April 24, 2002 were accepted with direction to Staff to forward in the form of a letter to the Legislature the resolution conveying the City’s position and action on HR 4058 (formerly HR 3959) regarding Airport Security Screeners, Item 3.2(h)(1). Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
3.3 Report of the Finance and Infrastructure Committee – Meeting of April 24, 2002
Documents Filed: Finance and Infrastructure Committee Report of April 24, 2002.
(a) Consent Items
(1) March Monthly Report. Attachment: Memorandum from City Auditor, Gerald A. Silva dated April 15, 2002, transmitting said report.
(2) Unfunded Projects Appropriation Report as of March 2002. Attachment: Memorandum from Director of Public Works, Katy Allen, dated April 15, 2002, transmitting said report.
The Committee approved the Consent Items.
(b) Semi-Annual Recommendation Follow-Up for Six Months ending December 2001. Attachment: Memorandum from Gerald A. Silva, City Auditor, dated April 15, 2002, transmitting said report
The Committee accepted the staff report with the recommendation that Audit recommendations #2 and #4 be dropped from the Audit of the Fire Department’s Strategic Plan Regarding proposed Fire Stations.
(c) Major Information Technology Projects Update. Attachment: (1) Memorandum from Wandzia Grycz, Chief Information Officer, Information Technology, dated April 15, 2002, transmitting said report. (2) Hard copies of overhead slides used in the Staff presentation.
The Committee accepted the staff report.
(d) Monthly Financial Statement for March 2002
(e) Capital Cost Report
(f) Cash Flow Projection
(g) Tax Increment Forecast
Redevelopment Agency Items (d) through (g) to be reported out at the Redevelopment Agency Board meeting
(h) Oral Petitions - None Presented.
3.3 Report of the Finance and Infrastructure Committee – Meeting of April 24, 2002
(i) Adjournment
The Committee adjourned at 4:30 p.m.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Reed and unanimously carried, the Finance and Infrastructure Committee report and actions of April 24, 2002, were accepted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
3.4 Adoption of a position on SB 1243 (Torlakson), the proposed merger of MTC and ABAG. (Cortese)
(Rules Committee referral 5/1/02)
Documents Filed: (1) Memorandum form Council Member Cortesé, dated May 7, 2002, recommending Council adopt a position of “Opposition” to Senate Bill 1243. (2) Memorandum from Director of Intergovernmental Relations, Betsy Shotwell, dated May 1, 2002, recommending Council adopt a position in opposition of SB 1243.
Discussion/Action: Upon motion by Council Member Cortesé, seconded by Council Member Dando and unanimously carried, the position of OPPOSED of Senate Bill 1243, which currently proposes a functional merger of the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) by transferring ABAG’s statutory regional land use responsibilities, including housing needs determination, and the Interregional Partnership to MTC, was adopted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
4.2 Approval of the following actions regarding the Evans Lane Family Apartments located at 1848 Evans Lane:
(a) Hold a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for the issuance of up to $31,000,000 in tax-exempt multifamily housing revenue bonds for the construction of a 240-unit family rental housing development located at 1848 Evans Lane.
(b) Adoption of a resolution certifying that the TEFRA Hearing was held in accordance with applicable federal regulations.
Council District 6. (Housing/Finance)
Documents Filed: (1) Memorandum from Director of Housing, Leslye Corsiglia, and Director of Finance Scott P. Johnson, dated April 17, 2002, recommending Council approve said actions regarding the Evans Lane Family Apartments. (2) Public Hearing Notices dated April 9 and 12, 2002, and Proofs of Publication executed on April 12, 2002 and April 16, 2002, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the TEFRA hearing to consider the proposed issuance of tax-exempt multifamily housing revenues bonds for the construction of a certain housing development. There was no discussion from the Floor. Upon motion by Council Member Yeager, seconded by Council member Chavez and unanimously carried, the public hearing was closed and Resolution No. 70960 entitled: “A Resolution of the Council of the City of San José Holding a TEFRA Hearing and Authorizing the Issuance of Tax Exempt Debt for the Acquisition, and Rehabilitation of Multifamily Housing (The Evans Lane Family Apartments Affordable Housing Project)", was adopted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – Special Meeting of April 25, 2002
Documents Filed: Education, Neighborhoods, Youth and Seniors Committee report of the Special Meeting of April 25, 2002.
(a) Discussion on Education Policy. Attachment: Memorandum from Acting Director of Parks, Recreation and Neighborhood Services, Albert Balagso, dated April 15, 2002, reporting on the Education Policy Work Session.
The Committee discussed the Policy; took no formal action; and referred recommendations to the May 20, 2002 regular meeting of the Education, Neighborhood, Youth and Seniors Committee.
(b) Oral Petitions
None Presented.
(c) Adjournment.
The meeting was adjourned at 4:15 p.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council member Williams and unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee report and actions of the Special Meeting on April 25, 2002 were accepted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
Council Member Yeager left Chambers at this point in the meeting.
7.1 Approval of an ordinance amending Chapter 9.10 of Title 9 and Section 13.20.070 of Title 13 of the San José Municipal Code to implement changes in the Residential Solid Waste Program and to clarify provisions relating to the Commercial Solid Waste Program. CEQA: Exempt, PP02-04-068. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 17, 2002, recommending Council approve said ordinance.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, Ordinance No. 26625 entitled: “An Ordinance of the City of San José Amending Chapter 9.10 of Title 9 of the San Jose Municipal Code and Amending Section 13.20.070 of Chapter 13.20 of Title 13 of the San Jose Municipal Code to Revise Certain Solid Waste Regulations Effective July 1, 2002", was passed for publication. Vote: 7-0-4-0. Absent: Diquisto, LeZotte, Yeager; Gonzales.
7.2 Adoption of a resolution granting the County of Santa Clara an adjustment to reduce the Sanitary Sewer Connection Fee for a County Park staging area. Council District 2. (Public Works)
Documents Filed: Memorandum from Katy Allen, Director of Public Works, dated April 17, 2002, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, Resolution No. 70961 entitled: “A Resolution of the Council of the City of San José Granting an Exception From the Sanitary Sewer Connection Fee to the County of Santa Clara for a County Park Restroom Project", was adopted. Vote: 7-0-4-0. Absent: Diquisto, LeZotte, Yeager; Gonzales.
8.1 Approval of an agreement with Lea+Elliott, Inc. for consultant services for the Automated People Mover Projects at the Norman Y. Mineta San José International Airport in the amount of $650,000, for a term from the date of execution through April 30, 2007. (Public Works/Airport)
(Deferred from 4/30/02 – Item 8.1)
Documents Filed: None.
Discussion/Action: This item was deferred to May 14, 2002.
Council Member Yeager returned to Chambers during discussion of Item 8.2.
8.2 Adoption of a resolution authorizing the Director of General Services to:
(a) Negotiate and execute a six month interim agreement with (3) one-month options for renewal with Five Star Parking/Classic Parking, Inc. for Airport parking facilities management for the period May 8, 2002 through November 8, 2002, with total maximum compensation not to exceed $2,400,000.
(b) Execute each of the options without further City Council action.
(c) Negotiate and execute amendments to the agreement for further refinement during the term of the agreement.
CEQA: Resolution No. 67380, PP02-05-102. (General Services)
(Orders of the Day)
Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated May 6, 2002, recommending Council adopt said resolution.
Discussion/Action: Guillermo Dunnigan, SEIU Local 1877 addressed Council on the parking facilities management. Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, Resolution No. 70962 entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Interim Agreement for Airport Parking Management with Five Star Parking/Classic Parking, Inc.", was adopted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
Notice of City Engineer’s Pending Decision on Final Maps
In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:
Tract
|
Location
|
Council District |
Developer
|
Lots/ Units |
Type
|
Proposed Decision |
|
9163 |
E/S 101 between Yerba Buena, Hellyer, & Silver
Creek Valley Rd |
8 |
William Lyon Homes |
5 lots |
SFDR |
Approve |
|
9170 |
E/S 101 between Yerba Buena, Hellyer, & Silver
Creek Valley Rd |
8 |
William Lyon Homes |
81 lots |
SFDR |
Approve |
|
9171 |
E/S 101 between Yerba Buena, Hellyer, & Silver
Creek Valley Rd |
8 |
William Lyon Homes |
47 lots |
SFDR |
Approve |
Following the Joint Session with the Redevelopment Agency Board, the City Council recessed and reconvened at 7:10 p.m., Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members: Diquisto, LeZotte; Gonzales (all excused).
The City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications as recommended. Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, the below noted continuances were granted. Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Gonzales.
11.1 PUBLIC HEARING ON STREET RENAMING of a proposed frontage road running parallel to the east of State Highway 87, between the northerly line of West Hedding Street and southerly line of Coleman Avenue to Guadalupe Road. CEQA: Exempt. Historical Landmarks Commission and Director of Planning, Building and Code Enforcement recommend renaming to El Pueblo Viejo. Planning Commission recommends renaming to Guadalupe Parkway Frontage Road (7-0-0).
District 3
(Continued from 12/4/01 – Item 11.1 et al., and 4/2/02 – Item 11.1)
Documents Filed: None.
Discussion/Action: This item was continued to May 21, 2002.
11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Bascom Avenue and Camden Avenue, from CP Commercial Pedestrian District to A(PD) Planned Development Zoning District, to allow the addition of a car wash facility to an existing gas station on 0.519 gross acre (Chevron Products Co., Owner/Developer). CEQA: Mitigated Negative Declaration.
PDC 01-03-036 - District 9
(Continued from 2/5/02 – Item 11.5 and 4/16/02 – Item 11.1)
Documents Filed: None.
Discussion/Action: This item was continued to May 21, 2002.
11.4 PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located on the easterly side of Highway 101, approximately 1,000 feet northerly of Hellyer Avenue, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to reconfigure a previously approved 550 unit residential subdivision and an 18-hole public golf course to avoid the relocation of public utilities facilities on a 579.4 gross acre site. (Cerro Plata Associates, LLC, Owner, William Lyon Homes, Developer). CEQA: Resolution No. 64913.
PDC 02-01-011 - District 8
(Continued 4/16/02 – Item 11.6)
Documents Filed: None.
Discussion/Action: This item was continued to May 21, 2002.
11.7 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of San Pedro Street, 130 feet northerly of West St. James Street, from CG Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 109 multi-family attached dwelling units on 0.77 gross acres. (Green Valley Corporation, Owner; Barry Swenson Builder, Developer). CEQA: Resolution No. 68839.
PDC 01-11-100 - District 3
Documents Filed: None.
Discussion/Action: This item was continued to May 21, 2002.
11.10 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Samaritan Drive and Samarita Place, from CP Commercial Pedestrian and CO Commercial Office Zoning Districts to A(PD) Planned Development Zoning District, to allow a 49,000 square foot addition to an existing hospital on 19.1 gross acres. (Good Samaritan Hospital, L.P., c/o William Picho, CEO: Owner/Developer). CEQA: Mitigated Negative Declaration.
PDC 01-05-063 - District 9
Documents Filed: None.
Discussion/Action: This item was continued to June 4, 2002.
In anticipation of the expected public input on the status of the Office of Therepeutic Services programs, Acting Director of Parks, Recreation and Neighborhood Services, Albert Balagso submitted for the Public Record an informational memorandum reporting the status of public outreach and staffing at the Office of Therapeutic Services. Attaching correspondence from George D. Griffin, M.D., Pediatric Orthopaedic Surgery, dated May 2, 2002, in support of the Adaptive Sports Program. Representing Wheelchair Sports, the Coaches and 12 individuals, including, Zane Ryan, Robert and Scott Briody, Tracy Book, Sharon Clark, Chris Faria, Don Faria, Denise Rouffoer, Norma Applegate, Nike Felix, Phil Winters, Patty Lucia, and Melissa Lucia, addressed Council in support of continuing the “Elite Sports Camp” and the “Wheels of Fire” Programs, and in favor of retaining the Office of Therapeutic Services to continue delivery of the programs, and stressed the importance of enhancing those programs for the physically challenged community.
6.1 (a) Adoption of a resolution to permanently prohibit motorized vehicular traffic from making all turns at the intersection of Campbell Avenue and Newhall Street, and permanently prohibit motorized vehicular through traffic on O’Brien Court approximately 60 feet from its intersection at Campbell Avenue.
(b) Approval of an ordinance amending Section 11.96.070 of Chapter 11.96 of Title 11 of the Municipal Code to remove Newhall Street between The Alameda and Campbell Avenue from the list of streets upon which commercial vehicles in excess of five tons are prohibited.
District 6. (Transportation)
Documents Filed: (1) Memorandum from City Attorney Richard Doyle, dated May 7, 2002, attaching a copy of the proposed ordinance. (2) Memorandum from Director of Transportation Wayne K. Tanda, dated April 22, 2002, recommending approval of said resolution and ordinance amendments pertaining to the Newhall Neighborhood Traffic Calming Plan.
Discussion/Action: The following individuals addressed Council on various aspects of the street closure: Mara Crabbs; John Urban; Craig Iverson and Cheryl Foust, Newhall Neighborhood Association. Upon motion by Council Member Yeager, seconded by Council Member Chavez and unanimously carried, Resolution No. 70964 entitled: “A Resolution of the Council of the City of San José Permanently Prohibiting Motorized Vehicular Traffic From Making all Turns at the Intersection of Campbell Avenue and Newhall Street and Permanently Prohibiting Motorized Vehicular Through Traffic on O'Brien Court Approximately 60 Feet From Its Intersection at Campbell Avenue", was adopted; and Ordinance No. 26626 entitled: “An Ordinance of the City of San José Amending Section 11.96.070 of Chapter 11.96 of Title 11 of the San Jose Municipal Code to Repeal the Prohibition of Commercial Vehicles In Excess of 5 Tons on Newhall Street Between The Alameda and Campbell Avenue", was passed for publication. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of South 3rd Street, 200 feet northerly of Keyes Street, from HI Heavy Industrial Zoning District to A(PD) Planned Development Zoning District, to allow up to 176 multi-family attached dwelling units on 2.86 gross acres. (Schindler Trust, Owner; Fairfield Residential LLC, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 00-10-104 - District 3
Documents Filed: (1) Memorandum from Council Member Chavez dated May 7, 2002 recommending adoption of the Planning Commission and Staff recommendation with the conditions specified therein. (2) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 25, 2002, recommending Council adopt said ordinance approving the subject rezoning. (3) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 17, 2002, transmitting the Department of Planning, Building and Code Enforcement Staff Report on Project File No. PDC 00-10-104 dated April 16, 2002, recommending approval of the proposed rezoning. (4) Public Hearing Notice to consider a change in Zoning for PDC-00-10-104, dated March 18, 2002, and Proof of Publication executed on March 29, 2002, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. William J. Garbett spoke against the proposed action. Upon motion by Council Member Chavez, seconded by Council Member Cortese and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved with the conditions contained in Council Member Chavez’s memorandum recommending (a) receive a developer contribution of $250,000 toward traffic calming enhancements in conjunction with the conversion of 2nd & 3rd Streets from a one-way couplet to 2-way traffic on both streets; (b) receive a developer contribution of $100,000 toward park planning and development of the 6th & Bestor park; (c) incorporate $45,000 into the marketing budget over the next 3 years for an arts festival once a year; (d) provide appropriate gallery space within the lobby for display of artwork by local, neighborhood artists and explore the opportunities for display of local art within the open spaces of the project; (e) make the community room available to the neighborhood association on a reservation basis; (f) Address design concerns during the PD Permit phase through incorporation of: [1] Additional brick elements on the ground/first floor levels along the East and West elevations, [2] Greater articulation in the window treatments, including potentially arching windows in the corner elements, [3] Brick and other treatments that enhance the north and south elevations, [4] Enhanced articulation of various façade elements (i.e. columns and sunscreens) as appropriate, and [5] Building lighting that effectively promotes the design of the building; and (g) review the final design in a model format with the neighborhood prior to director approval of the PD Permit; and Ordinance No. 26627 entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated at the East Side of South 3rd Street, 200 Feet Northerly of Keyes Street (1050 South 3rd Street)", was passed for publication. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Narvaez Avenue, approximately 220 feet northerly of Amanda Drive, from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to (5) five single family detached residential units on 0.65 gross acres. (Betty R. Burrous Trustee, Owner; John Brezzo, DKB Homes LLC, Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval with minor modifications to the site and grading plans in accordance with the revised recommendation by staff (6-0-1).
PDC 01-06-066 - District 10
Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 17, 2002, (a) recommending approval of the proposed rezoning with minor modifications to the site and grading plans in accordance with the revised recommendation by staff, and (b) transmitting the Department of Planning, Building and Code Enforcement Staff report on Project File No. PDC 01-06-066 dated April 3, 2002, recommending approval of the proposed rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 01-06-066, dated March 19, 2002, and Proof of Publication executed on March 29, 2002, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. William J. Garbett spoke against the proposed action. Upon motion by Council Member Dando, seconded by Council Member Chavez and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved with minor modifications to the site and grading plans, and Ordinance No. 26628 entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated on the East Side of Narvaez Avenue Approximately 220 Feet Northerly of Amanda Drive", was passed for publication. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
11.8 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Madden Avenue, approximately 290 feet easterly of Jackson Avenue (2334 and 2342 Madden Avenue), from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow 5 single family detached residences on 0.34 gross acres. (Fernando Po and Thao Vinh, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 00-084 - District 5
Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 25, 2002, recommending adoption of an ordinance to approve the subject rezoning. (2) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 17, 2002 transmitting the Department of Planning, Building and Code Enforcement Staff report on Project File No. PDC 00-08-084 dated April 17, 2002, recommending approval of the proposed rezoning. (3) Public Hearing Notice to consider a change in Zoning for PDC 00-084, dated March 19, 2002 and Proof of Publication executed on March 29, 2002, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Campos, seconded by Council Member Dando and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26629 entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the South Side of Madden Avenue", was passed for publication. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
11.9 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Coleman Avenue and West Hedding Street, from A(PD) Planned Development Zoning District and R-2 Residence Zoning District to A(PD) Planned Development Zoning District, to allow a hotel use with up to 72 rooms on 0.58 gross acres. (PBP Limited Partnership, Owner; Pinn Bros., Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 02-004 - District 3
Documents Filed: (1) Memorandum from Planning Commission Secretary, Stephen M. Haase, dated April 17, 2002 (a) recommending adoption of an ordinance rezoning the subject site as proposed by the applicant, and (b) transmitting the Department of Planning, Building and Code Enforcement Staff Report on Project File No. PDC 02-004 dated April 3, 2002, recommending approval of the proposed rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 02-004, dated March 18, 2002, and Proof of Publication executed on March 29, 2002, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26630 entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southwest Corner of Coleman and W. Hedding Streets", was passed for publication. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
The City Council recessed at 7:50 p.m. to a 2002 General Plan Public Hearing and reconvened at 8:01 p.m., Council Chambers, City Hall, to hear Item 11.2.
Present: Council Members: Campos Chavez, Cortese, Dando, Reed, Shirakawa, Jr., Williams, Yeager.
Absent: Council Members: Diquisto, LeZotte; Gonzales (all excused).
11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the block bounded by North First, Taylor, Miller, and Asbury Streets, from R-2 Residence and CG Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 400 attached residential units and 7,000 square feet of commercial uses on 2.8 gross acres. (Barry Swenson Builder, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 00-09-086 - District 3
(Continued 12/4/01 – Item 11.6 et al., and 3/19/02 – Item 11.5)
Documents Filed: (1) Memorandum from Council Member Cindy Chavez dated May 7, 2002, recommending adoption of the Planning Commission and Staff recommendation with additions specified therein. (2) Memorandum from Planning Commission Secretary Stephen M. Haase, (a) recommending adoption of an ordinance rezoning the subject site as proposed by the applicant, and (b) transmitting the Department of Planning, Building and Code Enforcement Staff report on Project File No. PDC 00-09-086 dated April 3, 2002, recommending approval of the proposed rezoning. (3) Public Hearing Notice to consider a change in Zoning for PDC 02-004, dated October 22, 2001, and Proof of Publication executed on October 26, 2001, submitted by the City Clerk. (4) Proof of Publication of Public Hearings, dated April 7, 2002, submitted by the City Clerk
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. The following individuals addressed Council in support of the proposed rezoning: Michael Stanley-Jones, Sierra Club – Loma Prieta Chapter; Anthony Marek; Margaret Bard, Housing Action Coalition; Lisa Marie Gonzales; Larry Burnett, Cisco Systems; Jeff Dennison, Tri-County Apartment Association; Carolyn Shadle; John L. Meyer; Linda Henderson; Charles J. Janigian, San José San Pedro Square Homeowners Association; Sally Probst, Santa Clara County Housing Action Coalition; Charlotte Casey; Dennis Hickey; Sal Alvarez; Phyllis Claassen; Gladwyn d’Iseye, Walk San José; Lee Wieden, Santa Clara Housing Action Coalition; Michael Williams, 840 North First Restaurant; Jim Towers; Laura Stuchinsky, Silicon Valley Manufacturing Group; Shiloh Ballard, Silicon Valley Manufacturing Group-Housing Advisory Commission; Jeffrey B. Hare; Tim Nieuwsma, Housing Action Coalition; Shirley Lewis, former San José City Council Member; Don Gagliardi; and Erik Schoennauer. The individuals speaking in opposition to the proposed construction of the Taylor Towers project, included Nina Bruno Boyd; Tina Morrill; Marc Boyd; Daniel McCauslin; and William J. Garbett.
To facilitate Council discussion, Council Member Chavez recommended approval of the rezoning of the subject site as proposed by the applicant with the following additions: (a) Incorporate recent design revisions that lower the height and unit counts of Phases I & II; (b) Incorporate design revisions that insure ground level space along First Street can operate as stand-alone commercial or in conjunction with the proposed townhouse units as live-work spaces; (c) During the PD Permit phase for Phases II and III, review the design to determine whether additional steps are warranted to enhance privacy protection of neighbors; (d) Incorporate design elements (i.e., wide sidewalks, good pedestrian lighting, street trees, etc.), as appropriate to insure that the pedestrian experience for residents and others utilizing this commercial/live workspace is positive; (e) Accept developer proposed accelerated PDO fee schedule; (f) Modify the DPW $500,000 requirement for traffic calming to require the fees in two phases: [1] An initial phase of up to $200,000 toward traffic calming and pedestrian crossing enhancements in the neighborhood; and [2] A second phase following the Traffic and Signal Warrant Analysis of Phase II of up to $300,000; (g) Require Staff to work with the community during the second phase to identify traffic challenges and solutions as appropriate within the scope outlined above; (h) Require the Developer to utilize VTA’s EcoPass Program as part of a transit demand management program associated with the proposal; and (i) Accept Developer contribution to fund Council-initiated rezoning to insure zoning is appropriate to single-family residential properties within the Vendome neighborhood.
In her support of the recommended approval, Council Member Dando suggested the addition of a bike rack storage area to be incorporated in the design phase of the project, and requested Staff to work with the neighborhood on the ground floor retail. Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved with the additions contained in the May 7, 2002 memorandum from Council Member Chavez, and Ordinance No. 26632 entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated on the Block Bounded by North First, Taylor, Miller, and Asbury Streets", was passed for publication. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.
Elza Theodule spoke on various societal issues.
The Council of the City of San José adjourned at 9:10 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK