The Council of the City of San Jose convened in Regular Session at 9:32 a.m. in Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Armstead v. City of San José; Horta v. City of San José et al.; (B) to confer with Legal Counsel regarding anticipated litigation (a) of two matters where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code and (2) to discuss matters in the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from Closed Session and recessed at 10:43 a.m. and reconvened at 1:36 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members: None.
Invocation (District 9)
The Cambrian Trio; John Kurfman, Don Sanders, and Tom Rigler delivered
the Invocation.
Pledge of Allegiance
Mayor Gonzales led the Pledge of Allegiance.
Orders of the Day
Upon motion by Council
Member Chavez, seconded by Vice Mayor Dando, and unanimously carried, the
Orders of the Day and the Amended Agenda were approved with the addition of
Redevelopment Agency agenda Item 5.1 deferred to October 21, 2003. Vote:
11-0-0-0.
CEREMONIAL ITEMS
1.1 Presentation of a commendation to the MACSA Youth Center Eagle Warrior Athletics 19 and Under, 16 and Under, 14 and Under, 12 and Under, 12 and Under Girls, and 10 and Under Futsal Teams. Each of these teams placed at least third, including some National Championships at the 2003 National Futsal Championships in Anaheim, CA. (Campos)
(Deferred from 9/16/03 – Item 1.1)
Documents Filed: None.
Discussion/Action: This item
was deferred to October 21, 2003.
1.2 Presentation of a
proclamation declaring October 15, 2003 as National Disability Mentoring Day
and the month of October 2003 as Employment of Persons with Disabilities
Awareness Month, with the theme “America Works Best When All Americans
Work.” (Disability Advisory Commission/LeZotte)
Documents Filed: Letter from
Karl Vidt, Chair of the Disability Advisory Committee, dated September 15,
2003, recommending the adoption of said proclamation.
Discussion/Action: Mayor Gonzales was joined at the podium by Council Member LeZotte to
present a proclamation to Sandra Correa declaring October 15, 2003 as National
Disability Mentoring Day and the month of October 2003 as Employment of Person
with Disabilities Awareness Month with the theme, “America Works Best When All
Americans Work”.
1.3 Presentation of a check from the SBC San José Golf Classic 2003 to Eagles at Rancho del Pueblo, Youth Golf Program. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales was joined
by Victor Ariaga from SBC Communication to present a check from the SBC San
José Golf Classic 2003 to Scott Hathaway from the Rancho del Pueblo Youth Golf
Program and commended the program for their continued support of the community,
youth and education in San José.
1.4 Presentation of a commendation to Billy DeFrank Center for National Coming Out Day. (Reed, Yeager)
(Rules Committee referral 10/1/03)
Documents Filed: None.
Discussion/Action: Council Members Reed and
Yeager joined Mayor Gonzales at the podium to present a commendation to the
Billy DeFrank Center for National Coming Out Day and for their contributions to
the Gay, Lesbian, Bisexual and Transgender communities of San José and the Bay
Area.
1.5 Presentation of a proclamation declaring the week of October 5, 2003 as Fire Prevention Week. (Fire)
[Rules Committee referral of 10/01/03]
Documents Filed: None.
Discussion/Action: Mayor Gonzales was joined
at the podium by Acting Fire Chief Dale Foster of the San José Fire Department
to present a proclamation declaring the week of October 5, 2003 through October
11, 2003 as Fire Prevention Week and invited the community to participate in
upcoming events in San José to acknowledge Fire Prevention Week, such as the
Pumpkin in the Park event on Saturday, October 11, 2003, from 11am to 4pm at
the Discovery Meadow and for the community to visit their neighborhood Fire
Station during their open house and tour their facilities.
CONSENT CALENDAR
Upon motion by Vice Mayor Dando,
seconded by Chavez, and unanimously carried, the Consent Calendar was approved.
Vote: 11-0-1-0. Absent: Campos.
2.2 Final adoption of ordinances:
(a) ORD. NO. 26987 – Amends Sections 11.48.150 and 11.48.160 of Chapter 11.48 of Title 11 of the San José Municipal Code to permanently add a total of 29 additional block segments to the Horace Mann and South University Neighborhood Residential Permit Parking Areas.
Documents Filed: Proof of publication of
title of Ordinance No. 26987 executed on September 30, 2003, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 26987 was
adopted. Vote: 10-0-1-0. Absent: Campos.
2.3 Approval of a second amendment to the Memorandum of Understanding between the City of San José and San José Unified School District regarding the recreational use of certain property in the South Almaden Urban Reserve, extending the term of the MOU to January 22, 2005. (City Attorney’s Office)
Documents Filed: Memorandum from City
Attorney Richard Doyle, dated September 25, 2003, recommending approval of said
second amendment.
Discussion/Action: The said second amendment to the Memorandum of Understanding was approved. Vote: 10-0-1-0. Absent: Campos.
2.4 Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through September 15, 2003. (City Auditor)
Documents Filed: The Report of Activities
and Findings through September 15, 2003 from the Office of the City Auditor.
Discussion/Action: The Office of the City
Auditor’s Monthly Report was accepted. Vote: 10-0-1-0. Absent: Campos.
2.5 (a) Approval of an amendment to the agreement with Managed Health Network (MHN) to add processing and payment of claims for substance abuse treatment to the current employee assistance contract covering non-sworn classifications, at no additional cost to the City.
(b) Approval of an amendment to the agreement with Managed Health Network (MHN) to add processing and payment of claims for substance abuse treatment to our current employee assistance contract covering sworn classifications, at no additional cost to the City.
CEQA: Not a Project. (Employee Services)
Documents Filed: Memorandum from Director
of Employee Services Mark Danaj, dated September 17, 2003, recommending
approval of said amendments.
Discussion/Action: The amendments to said agreements with the Managed
Health Network were approved. Vote: 10-0-1-0. Absent: Campos.
2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the San José Public Library Foundation, through June 30, 2004, in an amount not to exceed $350,000. CEQA: Not a Project. (Library)
Documents Filed: Memorandum from Library Director Jane Light, dated September 17, 2003, recommending adoption of said resolution.
Discussion/Action: Resolution No. 71776,
entitled: “A Resolution of the Council of the City of San José Authorizing the
City Manager to Negotiate and Execute a Grant Agreement with the San José
Public Library Foundation for Fiscal Year 2003-2004 in an Amount Not to Exceed
$350,000”, was adopted. Vote: 10-0-1-0. Absent: Campos.
2.7 Adoption of a resolution of intention to vacate a portion of Crucero Drive and reserve a public service easement, and setting a public hearing on November 4, 2003 at 1:30 p.m. CEQA: Exempt, HA62-062. Council District 7. SNI: Santee. (Public Works)
Documents Filed: Memorandum from Director
of Public Works Katy Allen, dated September 17, 2003, recommending adoption of
said resolution.
Discussion/Action: Resolution No. 71777,
entitled: “A Resolution of the Council of the City of San José Setting a Public
Hearing to Consider Whether to Vacate a Portion Crucero Drive”, was adopted.
Vote: 10-0-1-0. Absent: Campos.
2.8 Adoption of a resolution approving the appointments to the City of San José Housing Trust Fund Oversight Committee. (Mayor)
(Deferred from 9/2/03 – Item 2.7 et al., and 9/30/03 – Item 2.3)
Documents Filed: (1) Memorandum from
Mayor Gonzales, dated October 3, 2003, recommending approval of the following
appointments to the San José Housing Trust Fund Oversight Committee with
members to serve two-year terms, with a maximum of two terms: Joe Head with
Summerhill Homes, Eric Morely with Morely Brothers, LLC, David Neale President
of CORE Development, John Neece with Madison Forbes Group, LLC, Judith Neilson
Mayor of Watsonville and former Vice President of Comerica Bank, Tim Nieuwsma
with Synergy Properties, LLC and co-chair of the Silicon Valley Manufacturing
Group Housing Action Coalition, and Mark Walker CEO of United Way Silicon
Valley. (2) Memorandum from City Attorney Richard Doyle, dated October 6, 2003,
highlighting major areas of potential conflict that are disclosed by the
application for the Housing Trust Fund Oversight Committee.
Discussion/Action: Resolution No. 71778,
entitled: “A Resolution of the Council of the City of San José Approving the
Appointments to the City of San José Housing Trust Fund Oversight Committee”,
was adopted. Vote: 10-0-1-0. Absent: Campos.
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – September 24, 2003
Vice Mayor Dando, Chair
Documents Filed: The Rules Committee Report
of September 24, 2003.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
(b) City Council
(1) Review October 7, 2003 Draft Agenda
The
Committee recommended approval of the October 7, 2003 City Council agenda with
four additions.
(2) Add New Items to September 30, 2003
Amended Agenda
·
Mayor and Council
Member Requests
·
City Manager Requests
·
City Attorney Requests
·
City Clerk Requests
Regarding
Item 3.5, Public Notification and Dissemination of Information in Public Safety
Investigations, the Committee directed staff to request the Mayor’s Office for
a time certain during the afternoon session and also suggested Mr. Konda (Asian
Law Alliance) and Mr. Ho (Coalition for Justice and Accountability) contact the
Mayor’s Office to request a time certain and to negotiate the amount of time
each speaker and/or the Coalition will have during public testimony. The
Committee requested Mr. Konda and Mr. Ho work with the Coalition to ensure that
presentations are concise and focused.
3.2 Report of the Rules Committee – September 24, 2003
The
Committee recommended the following for the September 30, 2003 City Council
agenda; five additions; five items moved to October 7, 2003 and one item
continued to October 21, 2003.
(3) List of Reports Outstanding. Attachment:
Report from the City Manager’s Office, dated September 23, 2003 listing four
staff reports outstanding for the September 30, 2003 Council agenda.
The
Committee noted and filed the City Manager’s report listing four staff reports
outstanding for the September 30, 2003 Council agenda.
(c) Legislative Update
(1) State
Betsy
Shotwell, Director of Intergovernmental Relations, informed the Committee that
the State Legislature will reconvene next Monday to consider AB 1313, Megan’s
Law. She will report on this issue at next week’s Rules Committee meeting.
(2)
Federal
There was
no report.
(d) Meeting Schedules – There were none.
(e) The Public Record – There was no Public
Record filed.
(f) Appointment to Boards, Commissions and
Committees – There were none.
(g) Rules Committee Reviews, Recommendations
and Approvals
(1) Reports from City Manager and City
Attorney regarding further analysis and recommendations related to “Getting
Families Back to Work”. Attachment: Memoranda from City Manager Del D.
Borgsdorf, dated September 24, 2003, recommending acceptance of an attached
report for purposes of discussion and forwarding to the September 30, 2003 City
Council meeting; and from City Attorney Richard Doyle, dated September 24,
2003, responding to and supplementing responses from the City Manager as to
certain legal issues raised by Council Members in connection with the “Getting
Families Back to Work” agenda item to be heard September 30, 2003.
3.2 Report of the Rules Committee – September 24, 2003
The Committee forwarded
two items for consideration at the September 30, 2003 City Council meeting: a
matrix from City Manager Del Borgsdorf, entitled: “Getting Families Back to
Work, Analysis of Recommendations & Questions”, and a memorandum from City
Attorney Richard Doyle responding to and supplementing responses from the City
Manager as to certain legal issues raised by Council Members in connection with
the “Getting Families Back to Work” agenda item.
(h) Oral communications – None were
presented.
(i) Adjournment
The
meeting adjourned at 2:45 P.M.
Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Williams, the Rules Committee Report and Actions of September 24, 2003 were accepted. Vote: 11-0-0-0.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.2 Report of the Driving a Strong Economy Committee – September 22, 2003
Council Member Williams,
Chair
Documents Filed: The Driving a Strong
Economy Committee Report of September 22, 2003.
(a) Report on the Development Services Study. Attachment: Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, Director of Public Works Katy Allen, and Acting Fire Chief Dale Foster, dated September 18, 2003, transmitting a report on the Development Services Study.
The
Committee unanimously accepted the staff report, as directed.
(b) Discussion on the Economic Strategy
The
Committee unanimously accepted deferral for this staff report.
(c) Discussion on San José’s major sales tax generators. Attachment: Memorandum from Director of Economic Development, Paul Krutko, dated September 15, 2003, informing the Committee, the Office of Economic Development (OED) will give a report on sales tax generation by large revenue generators.
The
Committee adjourned meeting and ended discussion for this agenda item.
(d) Oral petitions – None.
(e)
Adjournment
The
meeting was adjourned at 2:30 P.M.
4.2 Report of the Driving a Strong Economy Committee – September 22, 2003
Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Chavez, and unanimously carried, the Driving a Strong Economy Report and Actions of September 22, 2003 were accepted. Vote: 11-0-0-0.
4.3 Adoption of a resolution amending the Master Parking Rate Schedule to modify the Hybrid Vehicle Purchase Incentive Program to include new hybrid vehicles purchased at participating San José auto dealerships since January 2000, and to establish a sunset date of April 29, 2005 for expiration of the Hybrid Vehicle Purchase Incentive Program. (Mayor)
Documents Filed: Memorandum from Mayor
Gonzales, dated September 30, 2003, recommending the adoption of said
resolution.
Discussion/Action: Upon motion by Council
Member LeZotte, seconded by Council Member Chavez, and unanimously carried,
Resolution No. 71779, entitled: “A Resolution of the Council of the City of San
José Adopting a Master Parking Rate Schedule for Municipal On and Off Street
Parking Facilities, to Allow the Director of Convention, Arts and Entertainment
to Implement a Flexible Event Flat Rate Structure at the Convention Center, to
Establish Incremental Parking Rates for Non-Event Days, to Include the
Convention Center Garage in the Retail Validation Program, Expanding the Hybrid
Vehicle Purchase Incentive Program, and Repealing Resolution No. 71562,
Effective October 7, 2003”, was adopted. Vote: 10-0-1-0. Absent: Campos.
4.4 (a) Approval of an ordinance amending Sections 22.01.070 and 22.01.080 of Chapter 22.01 of Title 22 of the San José Municipal Code authorizing the Director of Convention, Arts & Entertainment to reduce facility fees for the use of the Convention and Cultural Facilities; and
(b) Adoption of a resolution amending the Master Parking Rate Schedule to modify parking rates charged at the convention center garage by:
(1) Authorizing the Director of Convention, Arts & Entertainment to reduce or increase flat parking rates;
(2) Establishing incremental parking rates for non-event days; and
(3) Including the convention center garage in the Downtown Retail Validation Program.
CEQA: Exempt, PP03-09-297. Council District 3. (Conventions, Arts and Entertainment/Transportation).
(Deferred from 9/30/03 – Item 6.4)
Documents Filed: Memorandum from Assistant Director of Conventions, Arts & Entertainment, Jim McBride and Director of Transportation Jim Helmer, dated September 10, 2003, recommending approval of said ordinance and said resolution.
Discussion/Action: Council
Member Chavez expressed her interest in reviewing the internal policies and
procedures of the Convention Center that inhibit the flexibility of bringing business to San Jose and stated her
interest in reviewing the purpose of having the convention center. Assistant
Director of Conventions, Arts & Entertainment, Jim McBride stated they
would be returning with four to five weeks with the requested listings. Council
Member Chavez asked if larger entities were contacted to discuss the Convention
Center and business outreach. Director McBride stated promoters were contacted
and discussions were held and Staff will provide a report in four to five
weeks. Vice Mayor Dando requested Staff ensure advance bookings for venues such
as the Center for the Performing Arts are included in the City’s booking
policies. Upon motion by Council Member Chavez, seconded by Council Member
Reed, and unanimously carried, Ordinance No. 26994, entitled: “An Ordinance of
the City of San José Amending Sections 22.01.070 and 22.01.080 of Chapter 22.01
of Title 22 of the San José Municipal Code to Authorize the Director of
Department of Convention, Arts and Entertainment to Provide Flexible Pricing of
the Convention and Cultural Facilities”, was passed for publication and
Resolution No. 71779, entitled: “A Resolution of the Council of the City of San
José Adopting a Master Parking Rate Schedule for Municipal On and Off Street
Parking Facilities, to Allow the Director of Convention, Arts and Entertainment
to Implement a Flexible Event Flat Rate Structure at the Convention Center, to
Establish Incremental Parking Rates for Non-Event Days, to Include the
Convention Center Garage in the Retail Validation Program, Expanding the Hybrid
Vehicle Purchase Incentive Program, and Repealing Resolution No. 71562,
Effective October 7, 2003”, was adopted. Vote: 10-0-1-0. Absent: Campos.
4.5 (a) Approval of the application process, evaluation and rating criteria, and schedule for the FY 2004-2005 CDBG application cycle;
(b) Approval of funding priority to projects that are included in a Strong Neighborhoods Initiative (SNI) Plan;
(c) Approval of an Application Appeals Policy that allows an applicant to appeal staff’s recommendation not to consider a proposed project for funding; and
(d) Approval of a Use of Fiscal Agents Policy that allows an applicant to use a fiscal agent on a one-time basis.
CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
[Rules Committee referral of 10/01/03]
Documents Filed: Memorandum from Director
of Parks, Recreation & Neighborhood Services Sara Hensley, dated September
24, 2003, recommending approval of said application process, evaluation and
rating criteria, schedule for the FY 2004-2005 CDBG application cycle, of said
funding priority, said Application Appeals Policy, and said Use of Fiscal
Agents Policy.
Discussion/Action: Council Member Campos asked Staff if the notification process for
applicants had been changed. Director of Neighborhoods, Parks & Recreation
Sara Hensley stated the grant application schedule had been adjusted and they
would notify applicants through several forms of media to current and past
applicants, including advance notices and phone calls. Council Member Cortese
requested Staff to provide examples of the new Strong Neighborhoods Initiative
priorities to assist in defining the new requirements for applicants. Council
Member Yeager asked if the applicant list could still be added to and if Staff
could clarify upon the new grant database that would analyze the application
process as a whole. Recreation Superintendent Cora Velasco stated they are
still working with the City Manager’s office in developing the City’s grant
database to which one would be providing the sources of funding and the second
portion would be to collect all necessary data on the use side of funding and
would be capable of breaking down the data by council districts and school
districts to enable the generation of reports that would be useful for the
committees and for City Council.
Council Member Williams asked Staff if surveys were
conducted on the applicants to measure their success rates and if the changes
to the application process were beneficial. Director Hensley stated evaluations
were performed on the past applicants and Staff remained open to comments,
suggestions and concerns towards the application process and how it can be
improved. Council Member Cortese stated he would not be supporting the motion.
Upon motion by Council Member Yeager, seconded by Council Member Chavez, and
unanimously carried, the said application and policy recommendations were approved.
Vote: 9-1-1-0. Noes: Cortese. Absent: LeZotte.
RECREATION & CULTURAL SERVICES
5.2 Approval of the first amendment to the agreement with Field Paoli Architects for consultant services for the New Vineland (formerly Blossom Hill) Branch Library Project, increasing the amount of compensation by $25,500, for a total agreement amount not to exceed $1,003,000. CEQA: Exempt, H01-12-081. Council District 10. (Public Works)
Documents Filed: Memorandum from Director
of Public Works Katy Allen, dated September 17, 2003, recommending approval of
first said amendment.
Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the first amendment to said agreement with Field Paoli Architects was approved. Vote: 11-0-0-0.
5.3 (a) Acceptance of the FY 02-03 Report on Library Usage; and
(b) Acceptance of the FY 02-03 Benefit Assessment Expenditures.
CEQA: Not a Project. (Library)
[Rules Committee referral of 10/01/03]
Documents Filed: (1) Memorandum from Library Director Jane Light, dated September 30, 2003, recommending the acceptance of the FY 2002-2003 Report on Library Usage and Benefit Assessment Expenditures. (2) Hardcopy of the Library Annual Report, dated October 2003.
Discussion/Action: Council Member Reed asked Staff what occurred during the General Funding process. Director of Library Services Jane Light stated when Council decided to approve the benefit assessments district in 1994, one of the commitments the Council made was the percentage amount of the General Fund that goes to support the libraries would be decreased but the City’s contributions to the Library has allowed them to stay above their funding limits. Council Member Reed thanked Staff for their efforts and commended Staff for producing a report that the City would use for years to come. Upon motion by Council Member Gregory, seconded by Council Member Chavez, and unanimously carried, the FY2002-2003 Report on Library Usage and Benefit Assessment Expenditures were accepted. Vote: 11-0-0-0.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Adoption of a resolution:
(a) Accepting the Watershed Action Plan as prepared by the Santa Clara Basin Watershed Management Initiative, and
(b) Authorizing the City Manager to execute the Santa Clara Basin Watershed Management Initiative 2003 Signatory Document, to confirm the City's continued commitment to participate in the Watershed Management Initiative activities.
CEQA: Exempt, PP03-09-291. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl Mosher, dated September 17, 2003, recommending adoption of said resolution. (2) Hardcopy of the Watershed Action Plan, dated August 2003.
Discussion/Action: Council Member Chavez asked Staff how the proposed San Jose Watershed
Action Plan compared to other local cities. Director of Environmental Services
Carl Mosher stated the Watershed Action Plan is a joint effort for all cities
within the water district and regulatory agencies in Santa Clara County and the
plan is being brought forth to all the cities in October and has been approved
by Palo Alto and Sunnyvale. Council Member Chavez asked about the status of the
cities to the North and South of San Jose. Director Mosher stated other cities
were behind San Jose in terms of creating and abiding by a Watershed Action
Plan and Santa Clara Valley and Napa Valley were the first two pilot Watershed
Action Plan policies in the state of California. Upon motion by Council Member
LeZotte, seconded by Council Member Chavez, and unanimously carried, Resolution
No. 71780, entitled: “A Resolution of the Council of the City of San José
Accepting the Santa Clara Basin Watershed Management Initiative Watershed
Action Plan and Authorizing the City Manager to Execute the Santa Clara Basin
Watershed Management Initiative 2003 Signatory Document, to Confirm the City’s
Continued Commitment to Participation in the Watershed Management Initiative
Activities”, was adopted. Vote: 11-0-0-0.
7.2 PUBLIC HEARING on approval of an ordinance amending Title 20 of the San José Municipal Code to modify and add provisions related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-224. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). (Planning, Building, and Code Enforcement)
(Continued from 8/19/03 - Item 7.1 et al., and 9/30/03 - Item 7.1)
Documents Filed: (1) Memorandum from Secretary of the Planning Commission Stephen Haase, dated September 23, 2003, recommending approval of said ordinance. (2) Proofs of publication of Notice of Public Hearings, executed on July 18, 2003 and August 26, 2003, submitted by the City Clerk.
Discussion/Action: William Garbett spoke on the issue. Vice Mayor Dando asked Staff why a change and addition of $575,000 to the permit was necessary. Director of Planning, Building and Code Enforcement Stephen Haase stated the reason the permit has come back for approval is to meet the permit deadline of October 15, 2003 and to meet compliance and requirements of the regional board and stated the addition of the increase is what the developer proposed. Vice Mayor Dando stated the costs proposed were high and she wants Staff to be aware of that and asked Staff if costs of the program were allocated and how does that relate to the fee increases. Director Haase stated the implementation would be based on each additional level of review for the types of solutions that would be proposed for the subject such as costs for asphalt and materials. Vice Mayor Dando commented the costs for implementing the program should be necessary before setting up a fee since the implementation far outweighs the benefit of the program and stated Staff should review the project again and weigh those options. Mayor Gonzales asked Staff if the proposed project would be returning to Council again. Director Haase stated the October 15th deadline was for the first reading of the project and the second was for next week. Vice Mayor Dando commented she hoped Staff would return to Council before the second reading to re-analyze the fee increase. Vice Mayor Dando asked Staff if they responded to a letter submitted by the business community in reference to the project. Director Mosher stated they would abide by the proposed permit and assist in mitigating the costs.
City Attorney Richard Doyle stated the City has a litigation pending against the regional board and there is no injunction stopping the City from having to comply with the permit at this point so Council should move forward with the program while litigation is still pending. Deputy Director of Watershed Management, Randy Shipes commented the particular permit provision has been challenged by every city in the Bay Area but the difference with San Jose’s permit is it was adopted two years ago prior to any other city and when the new permit is due in 2005, there is discussion to hold the permit for another two years to put the permit on equal footing. Council Member Reed requested Staff to provide Council with the costs for implementing the additions to the Storm Water Runoff Management and Post-Construction Storm Water Quality Control provisions into the San Jose Municipal Code. Upon motion by Council Member Cortese, seconded by Council Member Chavez, and unanimously carried, the Public Hearing was held and Ordinance
No. 26995, entitled: “An Ordinance of the City of San José Amending Section 20.50.260 of Chapter 20.50; Amending Sections 20.100.480, 20.100.500, 20.100.60, 20.100.630, 20.100.910, and 20.100.940 of Chapter 20.100; Amending Section 20.110.030 of Chapter 20.110; Adding a New Chapter 20.95, and Adding New Sections 20.200.555 and 20.200.825 to Chapter 20.200, All of Title 20 of the San José Municipal Code Related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control”, was passed for publication. Vote: 10-1-0-0. Noes: Dando.
7.3 PUBLIC HEARING on and adoption of a resolution approving proposed revisions to the City Council Policy on Post-Construction Urban Runoff Management in order to:
(1) Maintain consistency with the requirements of the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (NPDES MS4 Permit) issued to the City of San José and the other co-permittees that constitute the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP); and
(2) Establish a waiver program that will allow project proponents to request a waiver from the requirement to install treatment Best Management Practices (BMPS) for a given project, upon an appropriate showing of impracticability, and with provision to treat an equivalent pollutant loading or quantity of stormwater runoff, or provide other equivalent water quality benefit. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-225.
(Planning, Building, and Code Enforcement)
(Continued from 8/19/03 - Item 7.2 et al., and 9/30/02 - Item 7.2)
Documents Filed: Memorandum
from Director of Planning, Building & Code Enforcement Stephen Haase, dated
September 10, 2003, recommending the approval of the revised City Council
Policy on Post-Construction Urban Runoff Management.
Discussion/Action: Upon motion by Council
Member Cortese, seconded by Council Member Chavez, and unanimously carried, the
Public Hearing was held and Resolution No. 71781, entitled: “A Resolution of
the Council of the City of San José Approving the Revisions to the City Council
Policy on Post-Construction Urban Runoff Management”, was adopted. Vote:
10-1-0-0. Noes: Dando.
JOINT COUNCIL/REDEVELOPMENT AGENCY
The Redevelopment Agency Board convened to consider Items 10.1, 10.2, and
10.3 in a Joint Session at 3:19 P.M.
10.1 Approval of proposed Design Guidelines for the Guadalupe River Park and Gardens. (Redevelopment Agency/City Manager’s Office)
(Deferred from 9/30/03 – Item 10.2)
Documents Filed: (1) Letter from
Executive Director of the Guadalupe River Park and Gardens Kathleen Muller,
dated October 6, 2003, supporting said Design Guidelines for Guadalupe River
Park and Gardens. (2) Memorandum from City Manager Del D. Borgsdorf and
Executive Director of Redevelopment Agency, Susan F. Shick, dated September 18,
2003, recommending the adoption of resolutions adopting the Draft Guadalupe
River Park and Gardens Urban Design Guidelines.
Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Chavez, and unanimously carried, the proposed Design Guidelines for the Guadalupe River Park and Gardens were approved. Vote: 11-0-0-0.
10.2 (a) Approval of an ordinance amending Titles 13 and 15 of the San José Municipal Code to revise Chapters 13.36 and 15.50, setting forth a requirement that a Construction Impact Mitigation Plan be prepared for all major construction projects in the public right of way, unless the City has otherwise entered into a Cooperation Agreement requiring such a Plan.
(b) Adoption of a resolution amending Resolution No. 71216 to take effect on 11/21/03 establishing an administrative fine of $5,000 per day for violations of the Construction Impact Mitigation Plan requirements.
(City Manager’s Office/Redevelopment Agency)
[Building Better Transportation Committee referral 9/8/03 – Item 6.1(b)(1)]
(Deferred from 9/23/03 - Item 6.2 and 9/30/03 – Item 6.2)
‘
Documents Filed: (1) Memorandum from
Assistant to the City Manager Deanna J. Santana, dated September 19, 2003,
transmitting a memorandum from City Manager Del D. Borgsdorf and Executive
Director of Redevelopment Agency, Susan F. Shick, dated August 28, 2003,
recommending the acceptance of the Construction Impact Mitigation Report and
discussion of said ordinance. (2) Supplemental memorandum from City Manager Del
D. Borgsdorf and Executive Director of Redevelopment Agency, Susan F. Shick,
dated September 29, 2003, recommending approval of said ordinance and said
resolution and direction to the City and SJRA staff to comply with the
provisions of the Ordinance for all City and SJRA major construction projects.
Discussion/Action: Council Member Cortese moved approval of Staff’s recommendation and
stated the Building Better Transportation Committee had spent a lot of time on
the project and moved it forward to the Driving a Stronger Economy Committee
and in both committees, modifications, changes and additions were made to the
recommendations and he asked Staff to return to Council and to the appropriate
committees within the first year with a list of encroachment permits pulled for
projects and to clarify what projects they would fall under as well as
including the costs of the CIM fees for those projects. Vice Mayor Dando
seconded the motion. On a call for the question, the Staff recommendation was
carried unanimously and Ordinance No. 26996, entitled: “An Ordinance of the
City of San José Amending Chapter 13.36 of Title 13 and Chapter 15.50 of Title
15 of the San José Municipal Code to Require Construction Impact Mitigation
Plans for Major Construction Projects in the Public Right-of-Way”, was passed
for publication and Resolution No. 71782, entitled: “A Resolution of the
Council of the City of San José Amending Resolution No. 71216, as Amended, to
Add an Administrative Citation Fine Amount of $5,000 Per Day for Violation of
San José Municipal Code Section 13.36.140 Relating to the Construction Impact
Mitigation Plan Ordinance”, was adopted. Vote: 11-0-0-0.
10.3 Review and approval of a process for Community Benefits Assessment and Community Impact Report Proposals. (Mayor)
(Council referral 9/30/03 – Item 10.1)
Documents Filed: Replacement memorandum
from Mayor Gonzales, dated October 7, 2003, recommending the approval of his
proposal for organizing and conducting stakeholder discussions on Working
Partnership’s Community Benefits Assessment (CBA) and Community Impact Report
(CIR) proposals.
Discussion/Action: Jim Cuneen spoke on the issue. Council Member Reed requested Staff to provide Council with answers to the following questions pertaining to the Community Benefits Assessment and Community Impact Report Proposals: 1) What is the general problem?; 2) What is the solution?; 3) Will it work?; 4) What are the costs?; 5) What are the side effects?; 6) Who are the unemployed and what do they need to get a job in San Jose, in general, who is the target audience and what can we do to help them?; 7) Pertaining to the Redevelopment Agency Board (RDA), does the solution deal with the RDA problem?; 8) In regards to the Adobe Inc. projects, if you were to retroactively apply whatever the solution may be in accordance to Adobe project, how would that project be different? Vice Mayor Dando stated she would have preferred to have the problems pertaining to the project identified prior to setting up a structure to address and asked when the solution comes back she would like to know what the analysis is and what the solution will cost in regards to the public meeting, is Staff expecting the Council Members to include their homeowner groups. Director of Environmental Services Carl Mosher stated they would return to Council with recommendations addressing the answers to Council’s questions. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and unanimously carried, the process for Community Benefits Assessment and Community Impact Report Proposals were approved. Vote: 11-0-0-0.
The Redevelopment Agency
Board portion of the meeting adjourned at 3:45 P.M.
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:
None.
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 |
|
9496 |
S/S of Lenzen Ave., 500’
westerly of Stockton Avenue |
6 |
Des Nolan and Liam Balfe |
21 units |
Multi-Family |
Approve |
|
9492 |
Southwest corner of
Lewis Street and Wall Street |
7 |
Roem Development |
17 lots/16 units |
SFA |
Approve |
In accordance with Sec. 19.16.140d
of the San Jose Municipal Code, this is notice of the City Engineer's receipt
of the following Final Maps for review:
None.
Adjournment
The Council of the City of
San José adjourned in memory of Mr. Robert (Bob) Williamson, husband of Marian
Dixon of the Public Works Department at 3:45 P.M.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK