CSJ Concil Meeting Minutes, Aug. 20, 2002

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, AUGUST 20, 2002

The Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, Gregory, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

Absent: Council Members - None.

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Real Property Designated Representatives pursuant to Government Code Section 54956.8: (1) Property: Portion of APN 015-32-043 and 32-044 (Approximately 822 acres – Cargill Salt Pond A-18), Designated Representatives: Carl Mosher for the City of San José and Robert Douglass for Cargill Salt, Under Negotiation: Purchase terms including price and terms of payment; (b) to confer with legal counsel pursuant to Government Code Section 54956.9, under Subsection (a) to discuss existing litigation in the cases of (1) Sutter’s Place dba Bay 101, et al., v. City of San José; (2) Garden City, Inc., v. City of San José.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:55 a.m. and reconvened at 1:36 p.m. in the Council Chambers.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, Gregory, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

Absent: Council Members - None.

Invocation

Jose & Raquel Plascencia sang two songs for the invocation. (District 7)

Pledge of Allegiance

Mayor Gonzales led in the Pledge of Allegiance.

Orders of the Day

Council Member LeZotte asked why 4.2 was being continued. City Attorney Rick Doyle responded that there is additional Staff work necessary. Council Member LeZotte expressed concern that this additional Staff work should not include any additions that were not discussed in Economic Development Environmental Committee (EDE) and should exclude any additional recommendations from Staff unless heard by the Committee first. City Attorney Doyle explained that this is a follow-up to what the EDE recommended, but there was no Staff memorandum of the EDE discussion, so this is what Staff is following up on. Council Member Chavez noted that the September 17, 2002 evening session has another large home issue on the agenda, and asked that Staff investigate the continuance to that date and time before Rules Committee. Upon motion by Council Member Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved, with Council making the finding that an emergency situation arose requiring immediate action on Item 9.1 subsequent to the 72-hour posting requirement. Vote:
11-0-0-0.

CEREMONIAL ITEMS

1.1 Recognition of the San José International Airport’s award for excellence in financial reporting for fiscal year ending 2001 from the Governmental Finance Officers Association (GFOA). (Dando)

Documents filed: None.

Discussion/Action: Director of Aviation Ralph Tonseth and Deputy Director of Aviation Terri Gomes joined Mayor Gonzales at the podium to receive the commendation.

1.6 Acknowledgement of San José Fire Department efforts in containing the Santana Row Fire.

Documents filed: None.

Discussion/Action: Mayor Gonzales acknowledged the San Jose Fire Departments efforts in containing the Santana Row Fire and thanked the San Jose Police Department for assisting in traffic control.

1.7 Acknowledgement of San José Police Department during the Santana Row Fire.

Documents filed: None.

Discussion/Action: Mayor Gonzales thanked the San Jose Police Department for their assistance during the Santana Row Fire.

CONSENT CALENDAR

Upon motion by Vice Mayor Shirakawa, Jr. , seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.

2.1 Approval of City Council Minutes:

(a) Regular meeting of February 19, 2002

(b) Regular meeting of February 26, 2002

Documents filed: Regular meetings of February 9 and 26, 2002; and Joint City Council/Redevelopment Agency Board meeting of February 26, 2002.

Discussion/Action: Council Member LeZotte stated the minutes of February 19, 2002, do not accurately reflect her comments on Page 21, Item 11.6. The minutes were approved. Vote: 11-0-0-0. Noes: LeZotte on Item 2.1(a).

2.2 Final adoption of ordinances:

(a) ORD. NO. 26704 – Amends Sections 20.50.100 and 20.50.110 of Chapter 20.50 and Section 20.40.100 of Chapter 20.40, and amending and adding Sections to Chapter 20.200 and repealing Section 20.200.490, all of Title 20 of the San José Municipal Code, to modify provisions pertaining to the industrial land use regulations; to include definitions related to educational uses and indoor recreation, and, to include minor clarifications related to commercial land uses.

Documents filed: Proof of publication of title of Ordinance No. 26704, executed on August 13, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26704 was adopted. Vote: 11-0-0-0.

(b) ORD. NO. 26705 – Amends Sections 20.80.020 and 20.80.030 of Chapter 20.80 of Title 20 of the San José Municipal Code to modify the provisions related to massage parlors and associated distance and separation requirements.

Documents filed: Proof of publication of title of Ordinance No. 26705, executed on August 13, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26705 was adopted. Vote: 11-0-0-0.

2.3 Approval of a second amendment to the agreement with Glover/Resnick & Associates, Inc., for additional construction administration services to support the Security System Upgrades Project at Norman Y. Mineta San José International Airport, and increasing compensation by $32,544, for a total agreement amount not to exceed $214,544, and extending the agreement by three months from December 31, 2002 to March 31, 2003. CEQA: Resolution No. 67380, PP 02-03-041. (Airport)

Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated July 31, 2002, recommending approval of said second amendment to the consultant agreement with Glover/Resnick & Associates, Inc.

Discussion/Action: The second amendment to said agreement with Glover/Resnick & Associates, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

2.4 Approval of a second amendment to the concession agreement with Jones, Ltd. (formerly Thomas Jones), to provide shoeshine services at Norman Y. Mineta San José International Airport, for a five-year term from August 31, 2002 to August 31, 2007, with annual revenue to the City of $12,240. CEQA: Resolution No. 67380. (Airport)

Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated July 31, 2002, recommending approval of said second amendment to the concession agreement with Thomas Jones.

Discussion/Action: The second amendment to said agreement with Jones, Ltd. was approved and its execution authorized. Vote: 11-0-0-0.

2.5 Approval of City Manager Del Borgsdorf’s travel to Louisville, Kentucky, from August 27-28, 2002, to participate in a workshop to describe our Strong Neighborhood Initiative and our efforts to focus our service delivery on neighborhood needs and plans. (City Manager’s Office)

Documents filed: Memorandum from City Manager Del D. Borgsdorf, dated August 6, 2002, requesting approval to travel to Louisville, Kentucky, for City business.

Discussion/Action: The City Manager’s travel on August 27-28, 2002 was approved. Vote: 11-0-0-0.

2.6 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #3, 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 July 31, 2002, recommending award of open purchase orders List #3 and authorization for the Director of General Services to execute the purchase orders.

Discussion/Action: The award of open purchase orders List #3 was approved and the Director of General Services was authorized to execute to the purchase orders. Vote:
11-0-0-0.

2.7 Approval of a retroactive 4-year lease agreement with Cornerstone Properties, LLC for office space at 152 North Third Street, for a contract term from July 31, 2002 to July 31, 2006, for a monthly rent of $12,957.50 during the first year of the lease, with annual increases of approximately 3% to a maximum rate of $14,159.02 per month during the fourth and final year of the leases. CEQA: Exempt. (General Services)

Documents filed: Memorandum from Director of General Services, Jose Obregon, dated July 31, 2002, recommending approval of said retroactive 4-year lease agreement with Cornerstone Properties, LLC.

Discussion/Action: The retroactive 4-year lease agreement with Cornerstone Properties, LLC for said office space was approved and its execution authorized. Vote: 11-0-0-0.

2.8 Report on bids and award of contract for the Almaden Meadows and Jeffrey Fontana Parks Play Area Renovation Projects to the low bidder, Community Playgrounds, Inc., in an amount of $364,180, and approval of a contingency in an amount of $18,300. Almaden Meadows CEQA: Exempt, PP02-04-094; Jeffrey Fontana CEQA: Exempt, PP02-04-095. Council District 10. (Public Works)

Documents filed: Memorandum from Director of Public Works Katy Allen, dated
July 31, 2002, recommending award of said contract, with related contingency, to the low bidder, Community Playgrounds, Inc.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, Community Playgrounds, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

2.9 Report on bids and award of contract for the Improvement of Bret Harte Drive, between Moongate Place and Bret Hill Road, to the low bidder, Joseph Albanese, Inc., in an amount of $126,094, and approval of a contingency in an amount of $6,300. CEQA: Exempt, PP02-05-105. Council District 10. (Public Works)

Documents filed: Memorandum from Director of Public Works Katy Allen, dated July 31, 2002, recommending award of said contract, with related contingency, to the low bidder, Joseph Albanese, Inc.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, Joseph Albanese, Inc., was approved and its execution authorized. Vote:
11-0-0-0.

2.10 Adoption of a resolution of intention to vacate a portion of the public service easement in previously vacated King Road, south of Berryessa Road, and setting a public hearing on September 10, 2002 at 1:30 p.m. CEQA: Negative Declaration, PP 00-12-096. Council District 4. (Public Works)

Documents filed: Memorandum from Director of Public Works Katy Allen, dated
July 31, 2002, recommending adoption of said resolution, and setting a public hearing on September 10, 2002.

Discussion/Action: Resolution No. 71169, entitled: “A Resolution of the Council of The City of San Jose Setting a Public Hearing to Consider Whether to Vacate a Portion of the Public Service Easement in the Previously Vacated King Road South of Berryessa Road”, was adopted. Vote 11-0-0-0.

2.11 Approval of a continuation agreement with the University of California Cooperative Extension, Santa Clara (UCCE) for research on the use of municipally generated yard waste and food waste products and clopyralid contaminated compost to extend the contract term from August 1, 2002 through August 1, 2003, and increase the maximum compensation by $30,000, for a total agreement amount not to exceed $121,000. (Environmental Services)

(Deferred from 8/13/02 – Item 2.7)

Documents filed: None.

Discussion/Action: This Item deferred to August 27, 2002.

2.12 Approval of the Freeway Maintenance Agreement with the State of California providing for the maintenance of the proposed Bailey Avenue/Route 101 Interchange. CEQA: Resolution No. 68705. Council District 2. (Public Works)

(Deferred from 8/13/02 – Item 2.9)

Documents filed: None.

Discussion/Action: This Item deferred to August 27, 2002.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee - Meeting of August 7, 2002

Vice Mayor Shirakawa, Jr., Chair

Documents filed: Rules Committee Report of August 7, 2002.

(a) Redevelopment Agency items reported out at Redevelopment Agency meeting

(b) City Council

(1) Review August 20, 2002 Draft Agenda

The Committee recommended approval of the August 20, 2002 City Council Agenda with two additions.

(2) Add New Items to August 13, 2002 Amended Agenda

The Committee recommended two additions to the August 13, 2002 City Council agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

None Filed.

(d) Meeting Schedules

The Committee recommended scheduling a Joint Redevelopment Agency/Council evening session on August 27, 2002.

(e) The Public Record. Attachment: Memoranda from City Clerk Patricia L. O’Hearn, dated July 25, 2002 and August 1, 2002, transmitting items received for the Public Record for June 12 – July 30, 2002.

The Committee noted and filed the Public Record.

(f) Boards, Commissions and Committees

(1) Child Care Commission. Attachment: Memoranda from City Clerk, Patricia L. O’Hearn, dated August 2, 2002, forwarding a list of qualified applicants for the Child Care Commission, as submitted by the Project Diversity Screening Commission, and from Council Member Yeager, liaison to the Child Care Commission, dated August 7, 2002, recommending appointments to the Commission.

The Committee directed the City Clerk to conduct a blind drawing for the varying term ending dates, with the results of the draw noted in the Rules Committee Report. The Committee recommended appointment of Patsy Storie to a term ending June 30, 2004; Linda Cochran And Devonne MacLaren to terms ending June 30, 2005; and Jeffrey Butler, Martin Selznick and Corazon Tomalinas to terms ending June 30, 2006.

(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee - There were none.

(h) Administrative Reviews and Approval

(1) Approve requests from Council Member Pat Dando to use Council General funds:

(a) To represent City of San José and the National League of Cities Homeland Security Task Force at the Office of Homeland Security’s Infrastructure Protection Workshop in Washington, DC, July 30-August 1, 2002

(b) To attend League of Cities’ Transportation, Communications & Public Works Policy Committee Meeting in Sacramento, CA August 15-16, 2002. Attachment: Memoranda from Council Member Dando, dated July 22 and 29, 2002, requesting use of Council General funds; and from City Clerk Patricia L. O’Hearn, dated August 1, 2002, summarizing the use of Council General Travel Budget to date.

The Committee recommended approval for Council Member Dando’s use of Council General funds to represent the City of San Jose and the National League of Cities Homeland Security Task Force at the Office of Homeland Security’s Infrastructure Protection Workshop in Washington, D.C., July 30-August 1, 2002; and to attend League of California Cities’ Transportation, Communications & Public Works Policy Committee Meeting in Sacramento, CA, August 15-16, 2002.

(i) Oral communications - None were presented.

(j) Adjournment - The meeting was adjourned at 2:10 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 August 7, 2002, were accepted. Vote: 11-0-0-0.

3.2 Report of the Rules Committee – August 14, 2002 (Partial)

Vice Mayor Shirakawa, Jr., Chair

Documents filed: Rules Committee Report (Partial) of August 14, 2002.

(b) City Council

(1) Review August 27, 2002 Draft Agenda

Committee Members Forrest Williams and Dave Cortese commented on Item 4.2, Approval of various actions related to the Mayfair Neighborhood Acquisition/Rehabilitation Pilot Program, posing questions as to why this issue was not being discussed at the Economic Development & Environmental Committee before coming to Council.

Rules Committee will review Item 4.2 again at next week’s meeting.

The Committee recommended approval of the August 27, 2002 City Council agenda.

(2) Add New Items to August 20, 2002 Agenda

The Committee recommended the following additions and changes to August 20, 2002 City Council agenda:

(a) Present a commendation, during the evening session, to the Lincoln Glen Little League Senior Division All Stars in recognition of their teamwork and excellence in winning the Division 2 Northern California Champions. (Yeager)

(b) Approve the renaming of the Compaq Center to the HP Pavillion at San Jose, at no cost to the City, and authorizing the City Manager to execute any amendments or agreements necessary to effect the name change. (Mayor)

(d) Present a commendation, during the evening session, to the San Jose Police Officers who volunteered their time for the AVON Breast Cancer 3 Day Walk (Campos/Chavez)

(e) Defer Item 11.6, Public Hearing on conforming rezoning at East Taylor and 23^rd Streets, to the September 17, 2002 Council agenda.

(f) Defer Item 11.7, Public Hearing on planned development rezoning at North First Street and East Gish Road, to the September 17, 2002 Council agenda.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Partial Rules Committee report and actions of August 14, 2002, were accepted. Vote: 11-0-0-0.

3.4 Approval of the renaming of the Compaq Center at San José to the HP Pavilion at San José, at no cost to the City, and authorizing the City Manager to execute any amendments or agreements necessary to effect the name change. (Mayor)

(Rules Committee referral 8/14/02)

Documents filed: None.

Discussion/Action: This Item was dropped from the Agenda.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1 Report of the Economic Development & Environment Committee – August 5, 2002

Council Member Williams, Chair

Documents filed: Economic Development & Environment Committee Report of
August 5, 2002.

(a) San José Permits On-Line (IDTS) System Demonstration. Attachment: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated July 26, 2002, transmitting status report on the City’s Development Tracking System.

The Committee accepted staff’s presentation on the “San Jose Permits On-Line IDTS System”.

(b) Street Tree Pruning and Replacement Process

Deferral to a later meeting requested by Council Member Cortese.

(c) Quarterly Report on the Rental Dispute Program. Attachment: Memorandum from Housing Director Leslye Corsiglia, dated July 19, 2002, transmitting said report.

The Committee accepted the staff report.

(d) Monthly Status Report on Housing Production Team Action Items. Attachment: Memorandum from Director of Housing Leslye Corsiglia and Director, Department of Planning, Building and Code Enforcement, Stephen M. Haase, dated July 17, 2002, transmitting said report.

The Committee accepted the staff report. This report will return to the November 2002 Committee meeting on a quarterly basis.

(e) Monthly Report on Affordable Housing Production. Attachment: Memorandum from Director of Housing Leslye Corsiglia dated July 19, 2002, stating that due to the cancellation of the Mayor’s Monthly Meeting for July, there will not be a Monthly Report on Affordable Housing Production for the Economic Develop-ment and Environment Committee in August; Staff will resume reporting regularly on this subject in September 2002.

The Committee accepted recommendation to merge this report with the Quarterly Report on the Project Development Program on a quarterly basis. This report will be heard at the November 2002 Committee meeting.

(f) Five Year Homeless Plan. Attachment: Memorandum from Director of Housing Leslye Corsiglia, dated July 19, 2002, recommending deferral of the review of the five-year homeless plan until appropriate stakeholder outreach can be completed.

The Committee accepted deferral of this staff report.

(g) Quarterly Report on the Project Development Program. Attachment: Memorandum from Director of Housing Leslye Corsiglia, dated July 19, 2002, transmitting said report.

The Committee accepted the staff report.

(h) Quarterly Report on the Housing Rehabilitation Program. Attachment: Memorandum from Director of Housing Leslye Corsiglia, dated July 19, 2002, transmitting said report.

The Committee accepted the staff report.

(i) Quarterly Report on the Housing and Homeless Fund. Attachment: Memorandum from Director of Housing Leslye Corsiglia, dated July 19, 2002, transmitting said report.

The Committee accepted the staff report.

(j) Redevelopment Area Housing Report. Attachment: Memorandum from Redevelopment Agency Executive Director Susan F. Shick, dated July 26, 2002, transmitting said report.

The Committee accepted the staff report.

(k) Proposed Amendments to Title 23, The Sign Code, Related to Skyline Signs and Roof Signs in the Innovation Triangle Area. Attachment: Memorandum from Director of Department of Planning, Building and Code Enforcement, Stephen M. Haase, dated July 19, 2002, recommending adoption of proposed ordinance amending Title 23, the Sign Code.

The Committee unanimously accepted the staff report.

Discussion/Action: See Item 4.3 for Council action taken.

(l) Community Identification Signs. Attachment: Memorandum from Planning, Building & Code Enforcement Department Director Stephen M. Haase, dated July 19, 2002, recommending that Council (1) rescind the current Council Policy 9-3 prohibiting the installation of community identification signs other than those of a historical nature, and (2) direct staff to prepare a replacement policy based on the proposed criteria for community identification signs.

The Committee requested this be cross-referenced at the August 20, 2002 Council Meeting and accepted the staff report.

(m) Update on City’s Past Usage of Clopyralid, Alternative Herbicides and Related Pending Legislation. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated July 19, 2002, transmitting said update.

The Committee unanimously accepted the staff report.

(n) Oral petitions

Ardith Meyer, June McDonnell, Norman Finance, Steve Cohen, Lieu Bui.

(o) Adjournment - The meeting was adjourned at 3:50 p.m.

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member LeZotte, and unanimously carried, the Economic Development & Environment Committee report and actions of August 5, 2002, were accepted. Vote: 11-0-0-0.

4.2 Approval of Report on reasonable accommodation with recommendation to take the following actions:

(a) Direct that the reasonable accommodation process continue to consider the business aspects of proposed uses on a case-by-case basis focusing on the impacts of those aspects in the zoning district.

(b) Direct that the reasonable accommodation process continue to consider the appropriate number of residents for each proposed use on a case-by-case basis.

(c) Direct the Administration to discuss with Santa Clara County the possibility of setting minimum operational standards, which may include limiting the number of residents at facilities and obtain City input on facilities under contract with the County or subject to County certification.

(d) Direct the City Attorney and the Administration to draft amendments to the Zoning Code to make the changes in procedure as follows:

(1) Eliminate an initial notice that has not undergone any analysis

(2) Refine what must be included in the application.

(3) Expand the noticing requirement to 300 feet, with direction to go to a greater noticing radius (500 or 1000 feet) to ensure that a sufficient number of adjacent property owners receive notice.

(4) Request a meeting with staff to go over the application and request a meeting for neighbors to attend.

(5) Issue the proposed decision stating that there will be an informal conference on site with staff and interested neighbors to discuss what is going on.

4.2 Approval of Report on reasonable accommodation with recommendation to take the following actions:

(d) Direct the City Attorney and the Administration to draft amendments to the Zoning Code to make the changes in procedure as follows: (Cont’d.)

(6) At the Director's hearing the focus should summarize the issues discussed and resolved.

(7) Director's decision becomes effective 15 days after issuance if there is no appeal filed.

(8) If on Appeal to the Planning Commission, the Planning Commission cannot come to a decision, then the Director's decision stands.

(e) Direct the Administration to thoroughly keep records of the location of all residential facilities by licensing, certification, type, number of residents, date of establishment, zoning district, Council district; and to amend the reasonable accommodation guidelines to consider other residential care and service facilities and other reasonable accommodations granted within 300 feet of a proposed facility.

(f) Direct the City Manager to appoint a central person or system as a clearinghouse of all complaints to determine whether or not they have been resolved.

[Economic Development and Environment Committee 6/3/02 – Item 4.1(a)]

(Deferred from 6/18/02 – Item 4.2 and 8/6/02 – Item 4.2)

Documents filed: None.

Discussion/Action: This Item deferred to September 17, 2002 to be heard in the evening.

4.3 PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Chapter 23.04 of Title 23 of the San José Municipal Code, to include provisions pertaining to the regulation of skyline signs and roof signs within the area bounded by US Highway 101, Interstates 237 and 880, and the Guadalupe River, and to include minor modifications. CEQA: Exempt, PP02-07-180. (Planning, Building, and Code Enforcement)

(Deferred from 8/6/02 – Item 4.7)

[Economic Development and Environment Committee referral 8/5/02 – Item 4.1(k)]

Documents filed: (1) Memorandum from Senior Executive Analyst Nadine Nader, dated August 15, 2002, transmitting the Staff Report dated July 19, 2002, presented to the Economic Development & Environment Committee recommending approval of the proposed ordinance. (2) Public Hearing Notices dated July 2 and 25, 2002, and Proofs of Publication executed on July 26 and August 2, 2002, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing. Regarding the low turnout for the meeting, Council Member Chavez asked if Staff had contacted the largest property owners in each of the areas. Stephan Haase, Director of Planning, Building and Code Enforcement, responded that he believes they were contacted, as well as business interests involved in leasing the property. Council Member Chavez recommended that Staff make a special effort to inform people these changes have been made; that her preference would be if Staff chose a square footage for buildings above a certain size that they also call the Property Manager. She explained that a number of companies have expressed to the Council that this would be helpful to them so they have the ability to sign their buildings appropriately. She asked if this was the last step for the list of sign changes the City was going to make. Director Haase responded that Staff is currently working on gateway signs. Council Member Chavez requested Staff to send information on the gateway signs to Council Members, specifically now that they are working on the Strong Neighborhoods Initiative (SNI) areas; and she wants to be sure that the City does some work with the SNI committees in terms of focus groups as the City starts to move forward in the gateway signage, as people appear to be confused as to what that means. Council Member Cortese clarified that it should be Economic Development Environ-mental Committee. Council Member Williams questioned acceptance by the industrial community of specification, number, etc. Director Haase explained that participation with regard to the ordinance change was minimal; however, he stated he does not know if there would be additional interested parties once they received further notice. Council Member Reed stated that he believes the reason for low participation by the business community is because they participated in April when the Council decided to do this; and that people will be pleased to be able to compete with other cities. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed, and Ordinance No. 26709, entitled: “An Ordinance of the City of San Jose Amending Section 23.04.020 of Chapter 23.04 of Title 23 of the San Jose Municipal Code to Include Regulations of Skyline Signs and Roof Signs Within the Area Bounded by US Highway 101, Interstates 237 and 880, and the Guadalupe River and to Make Additional Minor Modifications”, was passed for publication. Vote 11-0-0-0.

4.4 PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Chapters 19.08, 19.12, 19.16, and 19.38 of Title 19 of the San José Municipal Code, to amend the parcel map process, and reassign review authority for lot line adjustments. (Planning, Building, and Code Enforcement) Citywide

Documents filed: None.

Discussion/Action: This Item continued to September 17, 2002

4.5 (a) Approval of an ordinance amending and restating Chapter 17.72 of Title 17 of the San José Municipal Code (commonly known as the “Blight Ordinance”) in order to reorganize the Chapter, to make clarifying changes, to specify landscaping requirements for single family dwellings and parkstrips, to modify landscaping requirements for multifamily dwellings, to specify storage requirements for certain items in residential zones, and to rename the Chapter “Community Preservation.” (Planning, Building and Code Enforcement/City Attorney’s Office)

(Deferred from 5/28/02 and 6/11/02 – Item 4.7)

(b) PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Chapter 20.30 of Title 20 of the San José Municipal Code to modify the provisions related to parking and storage in the front setback pertaining to trailers and recreational vehicles. CEQA: Exempt, PP02-07-192. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-1-1). (Planning, Building, and Code Enforcement)

Citywide

Documents filed: (1) Memorandum from City Attorney Richard Doyle, dated August 8, 2002, recommending approval of said ordinance amending and restating Chapter 17.72 of Title 17. (2) Memorandum from City Attorney Richard Doyle, dated August 16, 2002, transmitting the proposed ordinance, with the changes to the draft distributed August 8, 2002, to clarify certain provisions, consistent with the direction given by the Council. (3) Memorandum from Planning Commission Secretary Stephen M. Haase, dated August 15, 2002, recommending adoption of said proposed ordinance amending Chapters 20.30 of Title 20. (4) Memorandum from Director, Department of Planning, Building and Code Enforcement, Stephen M. Haase, dated August 7, 2002, recommending adoption of the proposed ordinance amending Section 20.30.430 of Chapter 20.30 of Title 20. (5) Public Hearing Notice dated July 22, 2002, and Proof of Publication dated July 30, 2002, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing, with the following individuals speaking on the issue: Ross Signorino and William Garbett. Council Member LeZotte stated that unmounted campers seem to be showing up on the street, and asked if they are subject to the 72-hour abandonment ordinance. Staff responded that these would be considered unauthorized vehicles and could be towed. Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, public hearing was closed, and Ordinance No. 26710, entitled: “An Ordinance of the City of San Jose Amending and Restating Chapter 17.72 of Title 17 of the San Jose Municipal Code, Property Blight, in Order to Reorganize the Chapter, to Make Clarifying Changes, to Specify Landscaping Requirements for Single Family Dwellings and Parkstrips, to Modify Landscaping Requirements for Multifamily Dwellings, to Specify Storage Requirements for Certain Items in Residential Zones, and to Change the Title of the Chapter to Community Preservation”; and Ordinance No. 26711, entitled: “An Ordinance of the City of San Jose Amending Section 20.30.430 of Chapter 20.30 of Title 20 of the San Jose Municipal Code to Amend the Provisions Related to Parking and Storage of Trailers and Recreational Vehicles in the Front Setback of Residentially-Zoned Properties”, were passed for publication. Vote 11-0-0-0.

4.6 PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Chapters 20.10 and 20.20 of Title 20 of the San José Municipal Code, to add a setback exception to the A-Agriculture and OS-Open Space Zoning Districts under certain conditions; and to add a provision that designates properties in the City with no zoning, as A-Agriculture. CEQA: Exempt, PP02-07-196. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1). (Planning, Building, and Code Enforcement) Citywide

Documents filed: (1) Memorandum from Director, Department of Planning, Building and Code Enforcement, Stephen M. Haase, dated August 7, 2002 recommending approval of the proposed ordinance. (2) Memorandum from Secretary, Planning Commission, Stephen M. Haase, dated August 15, 2002, recommending adoption of said proposed ordinance amending Chapters 20.10 and 20.20 of Title 20. (3) Public Hearing Notices dated July 24, 2002, and Proof of Publications dated July 30 and August 2, 2002, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing and there was no testimony from the floor. Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed, and Ordinance No. 26712, entitled: “An Ordinance of the City of San Jose Amending Section 20.10.080 of Chapter 20.10 and Adding a New Section 20.20.230 to Chapter 20.20, All of Title 20 of the San Jose Municipal Code, to Add a Setback Exception to the A-Agriculture and OS-Open Space Zoning Districts Under Certain Conditions and to Add a Provision that Designates Properties in the City With No Specific Zoning Designation as A-Agriculture”, was passed for publication. Vote 11-0-0-0.

4.7 (a) Appointing the members of the Coyote Valley Specific Plan (CVSP) Task Force.

(b) Directing the City Manager to create a Technical Advisory Committee of City staff and other public agency representatives to serve as an advisory body for the Task Force.

(c) Directing Planning staff to develop a work plan, including a Request for Proposals for a land planning consultant team, timeline, and estimated budget for the Coyote Valley Specific Plan, and to return with recommendations to the City Council within 30 days.

(d) Authorizing the City Manager, in conjunction with the Mayor’s Office and Council Member Williams’ office, to select independent consultants to work with the Task Force during the planning process.

(e) Directing the Task Force to use Vision and Desired Outcomes statements as its direction for developing the Specific Plan.

(f) Directing the City Manager to begin developing a funding agreement between the City of San José and landowners and/or potential developers of the majority of the developable acreage within Coyote Valley, and return with recommendations to the City Council no more than 30 days after the Coyote Valley Specific Plan budget is approved by the City Council.

(g) Directing the Task Force to include certain elements as a part of its review in preparing the Specific Plan.

(Mayor)

(Rules Committee referral 8/14/02)

Documents filed: Memorandum from Mayor Gonzales and Council Member Williams, dated August 16, 2002, recommending Council start the planning process for the Coyote Valley by appointing members of the Coyote Valley Specific Plan Task Force as identified in Attachment 1 therein, and giving direction to the Administration to take certain actions pertaining to the initiation of a Coyote Valley Specific Plan, as specified above, and directing the Task Force to include as part of its review in preparing the Specific Plan the elements of environmental review, infrastructure analysis and plans, land use and circulation plans, and public facilities, phasing and financing plans. (2) Correspondence from the Santa Clara Valley Audubon Society dated August 20, 2002, commenting on the memorandum from Mayor Gonzales and Council Member Williams regarding the Coyote Valley Specific Plan.

Discussion/Action: Mayor Gonzales stated he believes this is a great opportunity, one for which this City has been waiting some time, an opportunity to further efforts with regard to Smart Growth planning. He explained that the City has a General Plan in this area that is a combination of balancing the needs of housing, jobs, transportation and open space, as well as the issue of financing and making sure that when Coyote Valley develops it does not develop at the cost of other neighborhoods in San Jose. He added that the City’s goal in the plan is to benefit the entire city, in terms of quality and meeting community needs and housing opportunities this area provides; and indicated that the process will include a broad range of community input and outreach, hearings, and consultant studies as previous specific plans have done. He explained that Council Member Williams and he were bringing forward a list of individuals as part of the plan that is a representative group: two from environmental groups, Open Space Authority and Silicon Valley Conservation Council; a Parks Commissioner; the Bicycle Advisory Committee represen-tative; an educational representative; and a union representative; and indicated that the list follows City Council policy guidelines for these kinds of plans. He emphasized that there will be plenty of community outreach and stated that he believes Council has proven that it reaches out to the community, listens, then proceeds with the plan and adapts it based on the input received from the community in general. He added that there would be a technical team to include City Staff as well as a team of experts and relevant government entities, including surrounding jurisdictions. He noted that there has been some concern for the continuing need for triggers in the Coyote Valley area and stated that the recommendations do not take away from the City’s commitment, but rather strengthen it. He indicated that the memorandum is suggesting the Specific Plan Task Force review the trigger mechanisms and determine if they work in today’s environment and in the future, and do they need adjustment; for example, as language stands today, once you satisfy the 5,000 job trigger, you then have the opportunity to build 25,000 homes regardless of any more job growth. He expressed concern about that trigger from a financial standpoint; that while it has been a good policy in the past and has maintained our trigger mechanism, he is not sure it will work in the future; that times have changed and there is a need to look at the practical application of the policy. He explained that currently, economic triggers are structured so that if the Council makes a decision that the financial and job triggers have been reached and 25,000 homes can be built, there is no way to stop that; however, what the memorandum is suggesting is that the Task Force

consider the possibility of moving in phases, since it will take decades to build out, and this would not negatively impact existing residents when or how the build-out takes place. Mayor Gonzales stated that he and Council Member Williams are not assuming what the Task Force will decide, but they want smart planning principles implemented and recommended by the committee; and they believe this will take place. He explained that they want triggers that will work through the economic life of this build-out, not just at that moment in time when the triggers are met; and because a job trigger is met doesn’t mean the jobs will stay. He added that they want to be sure the triggers are in place to guarantee growth takes place when it is the right time to take place. He stated that it would be a thorough planning process; that the City should not move quickly because this is an important part of the City, and it should be an example that the City can hold high to the rest of the region in terms of smart growth planning principles. He indicated that this would be a very public process; in addition, there would be regular updates and major landmarks provided to the City Council throughout the process. He indicated that he wanted to address a concern that there is no transportation advocate recommended; however, four Valley Transportation Agency board members will be on the task force, including himself, and that the task force will look at transportation needs of the Coyote Valley area and how they tie in with the transportation system being built now and in the future in the Silicon Valley and the greater Silicon Valley region.

Council Member Williams encouraged Staff to develop a web page to receive input and have dialogue, then the task force can assess how the input impacts goals and objectives for Coyote Valley. Council Member Cortese stated that he believes the 10-acre minimum seems rigid and it would be better left for the Specific Plan Task Force to decide. Council Member Williams responded that this was a planning number used in the past and that the task force will be reviewing this, as well as other issues, and then recom-mending what they think is best. Mayor Gonzales opened the public hearing, with the following individuals speaking on the issue: Craig Breon, William Garbett, Ann Anne Crealock, Greenbelt Alliance.

Council Member Williams moved approval of the recommendations proposed in the memorandum by Mayor Gonzales and Council Member Williams, dated August 16, 2002. Council Member Chavez seconded the motion. Council Member Reed stated that he had concerns with recommendations in the memorandum regarding triggers, and it appeared that specific direction was going to be given to the task force as to what they should do about them; but they need to be done in a systematic way with a lot of public input and discussion and staff analysis. Based on explanations by Mayor Gonzales and Council Member Williams, he stated he is comfortable that the Council is not precluding the task force, and that he understands the need to review the triggers; however, the reasons for them are just as valid today as when they were developed in 1992. He added that triggers are necessary to be sure there are jobs as well as housing, that service levels need to be maintained, and that the fiscal condition of the City is protected. Council Member LeZotte referred to page 1, item 5, and asked for an explanation of the wording in conjunction with item 15 language. Mayor Gonzales explained that his intent is to set general parameters in the vision and expected outcome statements; and on the
trigger issue, the task force needs to have the latitude to take into consideration recent developments and future projections. He added that the Council should send a message to them that they need to look at the current economic situation and the realities of development and open space, factor those things in, and come back to Council with recommendations on how best to manage in a smart way the growth of Coyote Valley. Council Member Williams explained that his interpretation of the word “direct” is to provide a guideline or recommendation to look at triggers, not necessarily to change them; and that the Council always has the final decision. Council Member LeZotte expressed concern that item 15 specifically says that the Coyote Valley and the sub-region can be developed irrespective of what is happening in the rest of Santa Clara Valley; and if that is the case, it is a specific trigger and is not what the current General Plan says. Mayor Gonzales stated that he believes the operative work in that sentence is “should” rather than “shall.” Council Member LeZotte expressed concern that when the task force develops a work plan, if they are going to have 15 weeks and every week they will discuss the top 15 items, they will preclude any other discussion, including the Almaden Reserve and additional transportation issues. Mayor Gonzales responded that the Council does not want to presuppose all of the things the task force would want to talk about, but these are the major items the Council wants them to review and make specific recommendations on. He added that they may have other items to discuss, but the task force’s work will not be done until they have at least covered the 15 items. Council Member LeZotte expressed concern that the make up of the task force is lacking in environmental representation, but hopes the meetings will provide time for other adversarial groups to speak.

Council Member Cortese, referring to item 14, stated that he hopes the task force would have the willingness to set a precedent in the area of preserving agricultural interests in different ways than have been done in the past, including providing conservation easements; but if the City ends up with open space for which it is responsible, that is not necessarily the best solution. He suggested that possible partnerships could be structured in ways which have not been done before, and that this might be work for the task force to take on. Regarding item 15, Council Member Yeager asked for confirmation that the Council does not want to pre-determine any outcome and if there are any recom-mendations regarding triggers that they will come back to Council. Mayor Gonzales again stated that the operative word is “should,” not “shall,” and the task force should look at triggers and should come back with recommendations if they think they are needed. Council Member Chavez asked if the technical committee would include an outside consultant or designer. Director Haase responded that Staff would take this under consideration as to what expertise City Staff has and where a consultant would be needed to assist. Council Member Chavez stated that she believes this project offers an opportunity to be an example of good planning, and that she is interested in making sure City Staff is not so over-burdened that it slows down the process; and that Staff should take advantage of consultants who can offer some unique thinking. On a call for the question, the motion carried unanimously, the public hearing was closed, and the memorandum dated August 16, 2002, by Mayor Gonzales and Council Member Williams, was approved, and the Administration directed to take certain actions pertaining to the initiation of a Coyote Valley Specific Plan, as specified therein, and the following members were appointed to the Coyote Valley Specific Plan Task Force: Mayor Gonzales, Co-Chair, Council Member Forrest Williams, Co-Chair, Council Member Dando, Don Gage (Chair, Santa Clara County Board of Supervisors),Chris Platten, Russ Danielson, Helen Chapman, Dan Hancock, Terry Watt, Steve Schott, Jr., Craig Edgerton, Ken Saso, Doreen Morgan, Jim Cunneen, Amy Dean, Steve Speno, Neil Struthers, Gladwyin D’Souza, Chuck Butters, Eric Carruther. Vote: 11-0-0-0.

RECREATION & CULTURAL SERVICES

5.2 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the East Side Union High School District, accepting a National Safe School/Healthy Students Initiative subgrant in an amount not to exceed $720,000, for the period September 1, 2002 through August 31, 2003, and further authorizing the City Manager to negotiate and execute grant agreements with service providers to provide services to targeted youth and their families. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated July 31, 2002, recommending adoption of said resolution.

Discussion/Action: Vice Mayor Shirakawa, Jr., moved approval of the Staff recommendation. Council Member Chavez seconded the motion. Council Member Williams asked if the school district is providing funding for this project because they believe the City can better provide the services. Staff responded that the application was a collaborative effort, and the City initially helped write it with the school district, then the City used community-based organizations to contract out the funds. Council Member Campos stated that she was interested in the outcome of the program for the past two years. Staff indicated that there is an extensive evaluation program for this project, that there have been 65 projects funded in the nation and San Jose is one of twenty being compared on a national basis; and this report will be shared with Council. Council Member Chavez suggested that it may be worth talking to the City Manager about an appropriate time to bring forward the strategy being used on San Jose Best, especially the evaluation component, and added that the tool is so good she would like to see it used for other grants. On a call for the question, the motion carried unanimously, and Resolution No. 71170, entitled: “A Resolution of the Council of The City of San Jose Authorizing the City Manager to Negotiate and Execute an Agreement with East Side Union High School District Accepting a National Safe Schools/Healthy Students Initiative Subgrant in an Amount Not to Exceed $720,000 and Authorizing the City Manager to Negotiate and Execute Grant Agreements with Service Providers For the Period September 1, 2002 Through August 31, 2003”, was adopted. Vote 11-0-0-0.

5.4 Approval of an agreement with Miguel E. Jara, for the purchase of a parcel of land located at 3076 Alum Rock Avenue, in an amount not to exceed $840,000, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction. CEQA: Exempt, PP02-07-199. Council District 5. SNI: East Valley/680 Community. (Public Works)

Documents filed: Memorandum from Director of Public Works Katy Allen, dated
July 31, 2002, recommending approval of said agreement with Miguel E. Jara.

Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Dando, and unanimously carried, the agreement with Miguel E. Jara, for the purchase of said parcel of land was approved and its execution authorized. Vote:
11-0-0-0.

5.5 Final Public Hearing and approval of the following actions related to the formation of Community Facilities District No. 8 (Communications Hill):

(a) Adoption of a resolution for each of the following items to:

(1) Form Community Facilities District No. 8 and authorize the levy of a special tax.

(2) Call for a special election for Community Facilities District No. 8.

(3) Declare the results of the special election; and if approved, direct the recording of the notice of the special tax lien for the District.

(b) Approval of an ordinance imposing the levy of special taxes within Communities Facilities District No. 8.

Council District 7. CEQA: Not a project. (Public Works)

Documents filed: None.

Discussion/Action: Mayor Gonzales opened the Public Hearing. Katy Allen, Director of Public Works, stated that a Staff report was prepared identifying the modifications to the special tax correcting a clerical error in the Resolution of Intention; and the property owners are aware of the proposed modification and the effect that the modification will have on their special tax obligation. William Garbett spoke on the issue. City Attorney Rick Doyle asked that this item be continued for two weeks, as the map needs to be corrected. By unanimous consent, the item continued to September 3, 2002. Vote:
11-0-0-0.

ENVIRONMENTAL & UTILITY SERVICES

7.1 Approval of the Second Quarterly Status Report for the cooperative efforts between the City of San José and the Santa Clara Valley Water District. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services Carl W. Mosher, Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, Director of Public Works Katy Allen, and Acting Director of Transportation James R. Helmer, dated August 2, 2002, recommending approval of said Second Quarterly Status Report. (2) Letter from the Treatment Plant Advisory Committee dated August 8, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: Assistant City Manager Mark Linder stated that the traditional quarterly report had items 4, 5, and 6 added because of issues of interest to the Council. He noted that the Survey of Projects includes West Silver Creek Strong Neighborhoods high priority #7. He explained that under Joint Use Agreements, page 5, one of the biggest challenges is getting trails on Water District lands; however, after a number of meetings and discussions, the City and Water District now have a partnership plan with shared ownership and shared management. Council Member Chavez stated that regardless of what type of agreement or what role each team plays, she wants to be sure someone is held accountable and there is increased responsiveness. She indicated that her biggest concern is that there are no benchmarks in place currently around m