SAN JOSE,
CALIFORNIA TUESDAY,
DECEMBER 2, 2003
The Council of the City of San Jose convened in Regular Session at 9:33 a.m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members: Campos (excused).
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:37 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 In Re: Higgins, Kim v. Lem, et al, Parker-Jones v. City of San José, et al, Torgerson v. City of San José, et al, Preservation Action Council of San José v. City of San José, et al.; (B) Public Employee performance evaluation pursuant to Government Code Section 54957; Title: City Manager, City Auditor, City Clerk, City Attorney and Independent Police Auditor.
By unanimous consent, Council reconvened from Closed Session and recessed at 10:50.m. and reconvened at 1:35p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, , Willliams, Yeager; Gonzales.
Absent: Council Members: Campos (excused).
Invocation (Mayor)
Pastor Susan Bagley,
Revival Strategies International 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, an unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Campos.
CEREMONIAL ITEMS
1.2 Presentation of plaques and gift certificates to the Crossing Guards who were injured in the line of duty. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales was joined
at the podium by Captain Randy Cooper to present plaques and gift certificates
to Crossing Guards, Chieu Nguyen, Toan Nguyen and Phyllis Korataj who were
injured in the line of duty. Captain Randy Cooper also presented a plaque to
Stephen Smith, Fred Bates and Mark Norman from the Silicon Valley Auto Dealers
Association in recognition of their continued support for student pedestrian
safety.
1.3 Presentation of a commendation to Dave McPherson, of the City Auditor’s Office, for receiving the Bruno Marchetti Award. (Reed)
Documents Filed: None.
Discussion/Action: This item
was deferred to December 9, 2003.
CONSENT CALENDAR
Upon motion by Council Member Chavez, seconded by Council Member Cortese and unanimously carried, the below listed actions taken as indicated. Vote: 10-0-1-0. Absent: Campos.
2.1 Approval of City Council Minutes for:
(a) Regular meeting of September 23, 2003
(b) Joint Council/Redevelopment Agency meeting of September 23, 2003
Documents Filed: (1) Regular meeting
minutes of September 23, 2003. (2) Joint Council/Redevelopment Agency meeting
minutes of September 23, 2003.
Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Campos.
2.2 Final adoption of ordinances:
(a) ORD. NO. 27018 – Amends Chapter 23.04 of Title 23 of the San José Municipal Code to establish regulations for skyline signs and roof signs in the Edenvale Industrial Redevelopment Area.
Documents Filed: Proof of publication of
title of Ordinance No. 27018 executed on November 25, 2003, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 27018 was
adopted. Vote: 10-0-1-0. Absent: Campos.
(b) ORD. NO. 27019 – Prezones certain real property situated at the south side of Curtner Avenue, approximately 630 feet westerly of Bascom Avenue, to A(PD) Planned Development Zoning District. PDC 03-046
Documents Filed: Proof of publication of
title of Ordinance No. 26910 executed on November 25, 2003, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 27019 was
adopted. Vote: 10-0-1-0. Absent: Campos.
(c) ORD. NO. 27020 – Prezones certain real property situated at the east side of Ruby Avenue, approximately 780 feet northerly of Murillo Avenue (2430 Ruby Avenue) to R-1-2 Single Family Residence Zoning District. C 01-032
Documents Filed: Proof of publication of
title of Ordinance No. 27020 executed on November 25, 2003, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 27020 was
adopted. Vote: 10-0-1-0. Absent: Campos.
(d) ORD. NO. 27021 – Rezones certain real property situated at the southeast corner of Story Road and Adrian Way to CP Commercial Pedestrian Zoning District. C 03-058
Documents Filed: Proof of publication of
title of Ordinance No. 27021 executed on November 25, 2003, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 27021 was
adopted. Vote: 10-0-1-0. Absent: Campos.
2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #7, and authorization for the Director of General Services to execute the purchase orders. CEQA: See memo for CEQA designation(s). (General Services)
Documents Filed: Memorandum from Director
of General Services Jose Obregon, dated November 10, 2003, recommending
approval of said award.
Discussion/Action: The award of purchase orders List #7 for FY 2003-2004 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Campos.
2.4 Adoption of a resolution authorizing the Director of General Services to:
(a) Review natural gas prices and availability on an ongoing basis;
(b) Assess the feasibility of purchasing natural gas from alternate sources; and
(c) Execute agreements with Pacific Gas and Electric for the purchase of natural gas in support of facilities and operations throughout the City; without further Council approval other than the appropriation of funds.
CEQA: Not a Project. (General Services)
Documents Filed: Memorandum from Director
of General Services Jose Obregon, dated November 10, 2003, recommending the
adoption of said resolution.
Discussion/Action: Resolution No. 71843,
entitled: “A Resolution of the Council of the City of San José Authorizing the
Director of General Services to Execute Agreement(s) for Natural Gas with
Pacific Gas and Electric Company”, was adopted. Vote: 10-0-1-0. Absent: Campos.
2.5 Adoption of a resolution:
(a) Declaring said 3,502 square feet foot portion of now City-owned land, located on the west side of Clark Street, between Willow Street and Dorothy Avenue (APN 434-02-079), surplus to the needs of the City; and
(b) Authorizing its sale to Reyes and Diane Palacios (the adjoining property owner) for one hundred forty thousand dollars ($140,000).
CEQA: Exempt, PP99-06-018. Council District 4. (General Services)
Documents Filed: Memorandum from Director
of General Services Jose Obregon, dated November 10, 2003, recommending the
adoption of said resolution.
Discussion/Action: Resolution
No. 71844, entitled: “A Resolution of the Council of the City of San José
Declaring Certain City-Owned Property Surplus and Authorizing the Director of
General Services to Execute an Agreement to Sell and All Necessary Documents
Necessary for the Transfer of Such Property to the Adjacent Property Owners,
Reyes and Diane Palacios for a Sum of No Less then $140,000”, was adopted. Vote
10-0-1-0. Absent: Campos.
2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute a consultant agreement with the consulting firm of MGT of America to update both the 1989 Senior Needs Assessment and the 1994 Aging Master Plan into one document called the San José and County Aging Services Strategic Plan in the amount not to exceed $215,000, for the period from date of execution to one-year post execution date. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director
of Parks, Recreation & Neighborhood Services Sara Hensley, dated November
24, 2003, recommending the adoption of said resolution.
Discussion/Action: Council Member Chavez asked Staff what MGT of America’s consulting
firm’s experience and strategies were going to be in terms of working with
ethnic groups and what were their plans in working with the City as it relates
to organizations such as the St. James and Northside Senior Centers. Director
of Parks, Recreation & Neighborhood Services Sara Hensley stated the group
was selected based upon their diverse abilities and they have more staffing to
deal directly with community meetings, and commented the committee that
recommended MGT of America for approval felt they had a more experience working
with the community side-by-side and with asset mapping. Council Member Chavez
commented there were four areas of interest that have come from the senior
citizens, including language and services and stated a previous concerns of
Mayor Gonzales’ was to look at building multi-generational centers as opposed
to just youth centers. She commented that some community centers have asked about
health equipment and workout equipment that is geared more towards older
populations and asked Staff to take a look into those requests for future
centers. She stated the two final outcomes she would like to see is how the
overall senior master plan aligns with policies and outcomes found in other
Master Plans and where they might overlap in content, such as comparing the
Senior Master Plan with the Youth Master Plan and determining where some of the
same needs could be addressed in the building of one multi-generational center.
Director Hensley stated she would ensure they provide the proposed consultant
with all of the current Master Plans to address that issue.
Council Member Chavez commented she felt it was very
important at the end of this decision to be able to measure the degree of
success and to group the documents by categories to easily integrate them into
City budgets and benchmarks. Council Member LeZotte commented that Staff might
find it important to allow a representative from the Senior Commission attend
an upcoming retreat hosted by the City to discuss the proposed issues. Director
Hensley stated she found the idea to be a wonderful suggestion and welcomed
whatever feedback the Commission has to offer.
Vice Mayor Dando stated she is leery of approving new Master Plans based upon past spending of moneys to develop Master Plans, only to see the City shelve them because of the lack of City funding, but since the City has a countywide partnership they should start having conversations immediately with the County on what role they will play and to actually implement the Master Plan developed. She commented she would like to see the information come back with the concern that it really is an assessment of the City of San José’ senior population and that the City will have funds to implement the plan when it returns to Council.
Council Member Yeager moved approval of the said resolution, seconded by Council Member Chavez. Mayor Gonzales suggested Staff keep in mind what has been learned from the Strong Neighborhoods Initiative (SNI) process and to be careful of raising too many expectations and also to use the information obtained from the latter part of the SNI process in the development of the Senior Master Plan and Assessment.
On a call for the motion, the recommendation was passed unanimously and Resolution No. 71845, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with MGT of America for Consultant Services to Develop the San José and County Aging Services Strategic Plan in an Amount Not to Exceed $215,000”, was adopted with direction to staff to ensure language and neighborhood diversity are adhered to within the San José and County Aging Services Strategic Plan, to evaluate building Multi-Generational centers as opposed to youth and senior centers only, to provide a status report pertaining to how the Senior Master Plan aligns with the policies and outcomes of other Master Plans to enable consistency in the alignment of services the City should be providing and to provide a progress report to Council evaluating the measure of success of implementing the new plan and to ensure all documentation drafted provides the information needed to easily integrate them into future City budgets and reports Vote: 10-0-1-0. Absent: Campos.
2.7 Adoption of a resolution initiating proceedings and setting December 16, 2003 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Cambrian No. 32, which involves the annexation to the City of San José of 1.83 acres of land more or less consisting of one parcel approximately 1.00 acre located at the south side of Curtner Avenue, approximately 630 feet westerly of South Bascom Avenue, and includes a portion of right-of-way of Curtner Avenue and South Bascom Avenue totaling 0.83 acre, located approximately between 300 feet east of Joseph Avenue and the intersection of Curtner and South Bascom Avenues, and between the intersection of Curtner and South Bascom Avenues and Lyle Lane, and generally bounded by the City of San José Annexations Cambrian Nos. 11, 25, 28, 7, 17, 5, 10, and 12-A, Camden Nos. 1, and 2, and Foxworthy No. 3, and the detachment of the same from West Valley Sanitation District, Santa Clara County Lighting Services, Central Fire Protection District, and Santa Clara County (Library Services) Area No.1. CEQA: Mitigated Negative Declaration, PDC03-046. Council District 9. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum
from Director of Planning, Building & Code Enforcement Stephen Haase, dated
November 10, 2003, recommending the adoption of said resolution.
Discussion/Action: Resolution No. 71846,
entitled: “A Resolution of the Council of the City of San José Initiating
Proceedings for the Annexation and Detachment of Certain Uninhabited Territory
Designated as Cambrian No. 32 and Described Herein, and Setting the Date and
Place for Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent:
Campos.
2.8 Adoption of a resolution to vacate Old Bayshore Highway, west of North 13th Street, and set a public hearing on January 13, 2004 at 1:30 p.m. CEQA: Exempt, PP03-02-043. Council District 4. (Public Works)
Documents Filed: Memorandum from Director
of Public Works Katy Allen, dated November 10, 2003, recommending the adoption
of said resolution.
Discussion/Action: Resolution No. 71847,
entitled: “A Resolution of the Council of the City of San José Setting a Public
Hearing to Consider Whether to Vacate a Portion of Old Bayshore Highway, West
of N. Thirteenth Street”, was adopted. Vote: 10-0-1-0. Absent: Campos.
2.9 Approval of a second amendment to the agreement with Callander Associates Landscape Architecture, Inc. for consultant services for the Floyd and Locust Street Park and Sixth and William Street Park Projects, extending the term from December 31, 2003 to December 31, 2004, and increasing the total compensation by $18,000, for a total agreement amount of $185,000. CEQA: Not a Project. Council District 3. SNI: Washington. (Public Works)
Documents Filed: Memorandum from Director
of Public Works Katy Allen, dated November 10, 2003, recommending approval of
said second amendment.
Discussion/Action: Council Member Chavez stated
the date for completing services to the Floyd and Locust Park developments was
changed from September 31, 2003 to September 31, 2004 and asked why was the
scope changed by a year. Director of Public Works Katy Allen stated the change
was due to the need of construction assistance and the additional year would
allow them more time for construction completion. Council Member Chavez
requested Staff to provide a construction timeline and a confirmation of
construction dollars for the project and to provide the information to Council
offline. Council Member Chavez moved approval, seconded by Vice Mayor Dando,
and unanimously carried, the second amendment to said agreement with Callander
Associates Landscape Architecture, Inc was approved with direction for Staff to
provide a construction timeline and a confirmation of construction dollars for
the project and to provide this information to Council offline. Vote: 10-0-1-0.
Absent: Campos.
2.10 Approval of an agreement with Entravision Communications Corporation for the donation to the City of San José of two parcels of land and three nonexclusive one-year temporary construction easements on the west side of King Road between Barberry Lane and King Court. CEQA: Exempt, PP03-10-321. Council Districts 7 and 8. (Public Works/Transportation)
Documents Filed: Memorandum from Director
of Public Works Katy Allen and Director of Transportation, James R. Helmer,
dated November 10. 2003, recommending approval of said agreement with
Entravision Communications Corporation.
Discussion/Action: The said agreement with Entravision Communications Corporation was approved. Vote: 10-0-1-0. Absent: Campos.
2.11 Report on bids and award of contract for the Traffic Signal Installation at Alum Rock Avenue and McCreery Avenue Project to the low bidder, San José Signal Electric Construction, Inc., in the amount of $186,667, and approval of a contingency in the amount of $18,700. CEQA: Exempt, PP99-07-156. Council District 5. SNI: Gateway East, Mayfair. (Public Works/Transportation)
Documents Filed: Memorandum from Director
of Public Works Katy Allen and Director of Transportation, James R. Helmer,
dated November 10, 2003, recommending said award of contract to the low bidder,
San José Signal Electric Construction, Inc with related contingency.
Discussion/Action: The award of contract to the low bidder, San José Signal Electric Construction, Inc. was approved with related contingency. Vote: 10-0-1-0. Absent: Campos.
2.12 Acceptance of the City Auditor’s monthly Report of Activities and Findings through November 15, 2003. (City Auditor)
(Rules in Lieu referral 11/16/03)
Documents Filed: Hardcopy of a Report of
Activities and Findings through November 15, 2003, from the Office of the City
Auditor, dated November 25, 2003.
Discussion/Action: Stephen Hazel spoke on
the issue. The City Auditor’s monthly report was accepted. Vote: 10-0-1-0.
Absent: Campos.
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – November 19, 2003
Vice Mayor Dando, Chair
Documents Filed: The report
of the Rules Committee for November 19, 2003.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
(b) City Council
(1) Review December 2, 2003 Draft Agenda
The
Committee recommended approval of the December 2, 2003 City Council agenda with
four additions.
(2) Add New Items to November 25, 2003
Amended Agenda
· Mayor and Council
Member Requests
· City Manager Requests
· City Attorney Requests
· City Clerk Requests
The
Committee recommended five additions to the November 25, 2003 City Council
agenda. Regarding the City Clerk’s addition to the agenda, “Interview Civil
Service Commission applicants and appoint three commissioners to fill four-year
terms ending December 1, 2007”, City Clerk Patricia O’Hearn informed the
Committee that one incumbent Civil Service Commissioner is unable to attend the
Commission interviews on November 25th. Council Member Cortese
suggested the City develop a policy stating that commission interviews take
place on the date scheduled, and should not be continued to subsequent Council
meetings. City Attorney Richard Doyle noted that interviewing incumbent
commissioners is a City policy that could be waived. In lieu of postponing the
incumbent commissioner’s interview, the Committee directed the Civil Service Commission liaison to
submit a memorandum to Council describing the incumbent’s service to the
Commission.
(3) List of Reports Outstanding. Attachment:
Report from the City Manager’s Office, dated November 18, 2003 listing six staff
reports outstanding for the November 25, 2003 Council agenda.
The
Committee noted and filed the City Manager’s report listing six staff reports
outstanding for the November 18, 2003 Council agenda.
(4) Review December 2, 2003 General Plan
Agenda
(c) Legislative Update
(1) State
Director
of Intergovernmental Affairs Betsy Shotwell updated the Committee regarding
various issues the new Governor is presenting to the reconvened legislature.
(2) Federal – There is no report.
(d) Meeting Schedules
(1) Approve Budget Study Session on January
15, 2004. Attachment: Memorandum from Mayor Gonzales, dated November 18, 2003,
requesting Rules Committee to schedule a study session on budgets.
The
Committee recommended approval of a two-part Study Session to consider budget
projections and spending priorities for the City and Redevelopment Agency on
Thursday, January 15, 2004, from 9am-noon and from 1:30-4:30 pm in the Health
Building.
(2) Approve City Council Meeting Schedule
for period January-July 2004. Attachment: Memorandum from Assistant to the City
Manager Deanna Santana, dated November 12, 2003, recommending approval of the
City Council Meeting Schedule for January-July 2004.
The Committee
recommended cancellation of the March 2, 2004 evening Council session and
approved the remainder of the City Council Meeting schedule for January-July
2004 as submitted by the City Manager’s Office.
(e) The Public Record – There was no Public
Record filed.
(f) Appointment to Boards, Commissions and
Committees. Attachments: Memoranda from City Clerk Patricia L. O’Hearn, dated
November 7, 2003, forwarding four lists of commission applicants as submitted
by the Project Diversity Screening Committee; four memoranda from the City
Attorney’s Office, dated September and October 2003 reviewing commission
applicants for conflict of interest, from Council Member Campos, dated November
18, 2003, recommending appointments to the Advisory Commission on Rents; from
Council Member Cortese, dated November 13, 2003, recommending appointments to
the Housing Advisory Commission; from Council Member Chirco, dated November 17, 2003, recommending appointments to the Human
Rights Commission; and from Council Member Reed, dated November 18, 2003,
recommending appointments to the Small Business Development Commission.
The
Committee directed the City Clerk to conduct a blind drawing for those
commissions with more than one vacancy and varying term ending dates, with the
results of the draw noted in the Rules Committee report. The Committee
recommended the issues raised by the Project Diversity Screening Committee be
referred to the Board and Commission Review being conducted by the City
Manager’s Office and also recommended the following appointments:
(1) Advisory Commission on Rents
The
Committee recommended appointment of Scott Lieberman to a term ending December
31, 2006 and directed the City Clerk to readvertise in February for the other
two vacant positions.
(2) Disability Advisory Commission
The
Committee deferred this item to December 3, 2003.
(3) Housing Advisory Commission
The
Committee recommended appointment of Erwin Ordonez and George Colacicco to
terms ending December 31, 2006.
(4) Human Rights Commission
The
Committee recommended appointment of Raj Bhanot, Ignacio “Hank” Enriquez,
Herman Levy and Robert Sippel to terms ending December 31, 2006.
(5) Mobile Home Advisory Commission
The
Committee directed the City Clerk to readvertise the vacant position in
February.
(6) Parks and Recreation Commission
The
Committee deferred this item to December 3, 2003 Rules Committee.
(7) Senior Citizens Commission
The
Committee deferred this item to December 3, 2003 Rules Committee.
(8) Small Business Development Commission
The Committee
recommended appointment of Kidane Haile, Charles Hoffman and Chuck Mondave’ to
terms ending December 31, 2006; and Spencer Horowitz to an unexpired term
ending December 31, 2004.
(g) Rules Committee Reviews, Recommendations
and Approvals
(1) Approve Voting Delegate at the 2003
Annual Business Meeting for the National League of Cities. Attachment:
Memorandum from Director of Intergovernmental Relations Betsy Shotwell, dated
November 12, 2003, regarding the voting delegate at the 2003 Annual Business
Meeting for the National League of Cities.
The
Committee recommended approval to designate Vice Mayor Dando as the voting
delegate at the December 13, 2003 Annual Business Meeting for the National
League of Cities.
(2) Report on proposed amendments to
Comprehensive Land Use Plan which affect local airports. Attachment: Letter
from Director of Planning, Building & Code Enforcement Stephen Haase, dated
November 19, 2003, addressed to the Santa Clara County Airport land Use
Commission requesting deferral of “Airport Land Use Commission’s Proposed
Consideration of Amended Comprehensive Land Use Plan” scheduled for discussion
at 6 p.m., November 19, 2003.
The Committee directed the Administration to present Director Stephen
Haase’s letter to the Airport Land Use Commission scheduled for discussion at
their 6 p.m. meeting this date and to request a 90-day deferral of the proposed
amendments to the Comprehensive Land Use Plan.
(h) Oral communications – There were none
presented.
(i) Adjournment
The
meeting adjourned at 2:45 P.M.
Discussion/Action:
Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and
unanimously carried, the Rules Committee Report and Actions of November 19,
2003 were accepted. Vote: 10-0-1-0. Absent: Campos.
3.4 Adoption of a resolution referring ballot measures to the March 2, 2004 election. (City Clerk)
(a) Approval to add an item to the March 2004 ballot to amend the City Charter regarding Design-Build Procurement Process. (Mayor)
Documents Filed: (1) Memorandum from
Mayor Gonzales, dated December 1, 2003, recommending a direction for the City
Clerk to refer a Charter Amendment to the March 2, 2004, municipal ballot
allowing the use of the Design-Build Procurement Process; Adopt the following
Ballot Title and Ballot Question for the Charter Amendment: Design-Build
Procurement Process – To create taxpayer savings, prevent cost overruns and
improve efficiency, may the Charter be amended to allow the design build
procurement process as an exemption to public bidding, wherein the design and
construction of a public works project is provided by the same entity, be
utilized for public works contracts that cost over $5,000,000, when the City
Council finds doing so would save money or result in faster project completion,
and a direction to the City Attorney to ensure that the implementation of the
Design-Build Procurement Process complies with all City and state labor laws
and provisions. (2) Memorandum from City Clerk Patricia L. O’Hearn, dated
November 20, 2003, transmitting a copy of the Notice to the Public regarding
deadlines for submitting ballot arguments for and against any measures the
Council may choose to refer to the March 2, 2004 ballot.
Discussion/Action: William Garbett spoke on
the issue. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando,
and unanimously carried, the memorandum from Mayor Gonzales, dated December 1,
2003, recommending direction contained therein was approved and Resolution No.
71848, entitled: “A Resolution of the Council of the City of San José Ordering,
on It’s Own Motion, the Submission to the Electors of the City of San José, at
the Regular Municipal Election to Be Held on March 2, 2004, a Measure to Amend
Section 1217 of the Charter”, was adopted. Vote: 10-0-1-0. Absent: Campos.
3.5 Approval of a Management Agreement with Dolce International/San Jose, Inc. to operate the Hayes Mansion for ten years with two, five-year options, for a management fee of 3% of Gross Revenues, an Incentive Fee, and payment by City of the expenses of the operation, not covered by revenues. (City Manager’s Office/Finance)
Documents Filed: Memorandum from Deputy
City Manager Kay Winer and Finance Director Scott Johnson, dated November 24,
2003, recommending approval of said management agreement with Dolce
International/San José, Inc.
Discussion/Action: Council Member Chavez asked Staff to re-explain their strategy around
the five-year options of choosing the Dolce International over Council’s
choice. Deputy City Manager Kay Winer stated the initial contract was for a
ten-year amount of time and instead there can be two five-year options that can
be exercised by joint agreement but one that Dolce can exercise upon meeting
the performance measurements. She emphasized the performance measurements
because that is where the key lies to determine whether or not the extension is
granted and they must meet either 90% of the operation revenue target or 90% of
the market penetration to meet City requirements, in addition, when the City
entered into the lease agreement with Hayes Mansion it was for a 50-year
agreement and the current two 5-year options are a vast improvement in regards
to contract agreements.
Council Member Chavez asked Staff to clarify Dolce’s
obligation to prepare a 6-month cash flow projection for the City’s review and
approval and would it require Council’s or the City Manager’s approval. Deputy
City Manager Winer stated it would be the City Manager’s approval. Dolce’
International Vice-President of Operations Mark Dipiro stated they were
currently on schedule for putting their cash flow projections in order and they
are currently gathering business for the Hayes Mansion and they are planning to
develop a 6-month pro forma for Council’s approval within the coming weeks.
Deputy City Manager Winer stated the budget from Dolce will be submitted to
Council by March 15, 2003.
Council Member LeZotte expressed concern regarding
the lack of an EEP Policy in the report and asked Staff to explain why it was
not included in their staff report. Deputy City Manager Winer stated they made
references to all Council directives including those concerning the
environment. Council Member LeZotte stated Dolce had said they followed the
(IACC) standards and asked what did those standards include. Mark Dipiro stated
the (International Association of Conference Centers) IACC standards dealt
primarily with the meeting environment and the type of tables, chairs, lights
and corporate meetings associated but from an environmental standpoint, they
followed the standard forms of recycling. Council Member LeZotte requested
Staff to work with Dolce’ International to develop environmental standards for
the Hayes Mansion project and return to Council with an update.
Council Member Williams asked Staff what terms and
conditions will the City have in terms of defaults of termination and
determination of an exit plan to insure they do not end up in the position they
were in before. Deputy City Manager Kay Winer stated in the event they see
their previous predicament come forth again, they will be sure to have advance
notice from the asset manager assigned to ensure business is running smoothly.
Council Member Williams asked Dolce International what major elements did they
see that would ensure the project would be a success. Mark Dipiro stated Dolce
planned on building a stronger relationship with IBM, Inc. and they will work
on building and gathering business for Hayes by developing a partnership with
IBM to conduct their business meetings and Dolce is also working to change the
Hayes Mansion’s restaurant to serve more local flavor cuisine that is specific
to the area in order to generate more clientele seeking leisure and relaxation.
Council Member Gregory requested Staff report back to Council in 6 months
or within the Budget process with a project status report. William Garbett
spoke on the issue. Council Member Williams moved approval, seconded by Council
Member Cortese, and unanimously carried, the said Management Agreement with
Dolce International/San Jose, Inc. was approved with direction for Staff to
report back to Council in 6 months or within the Budget process with a project
status report and to include the environmental standards for the Hayes Mansion.
Vote: 10-0-1-0. Absent: Campos.
3.6 Appointment of one employee/member to the Federated Retirement Board to a four-year term ending 11/30/07. (City Clerk)
[Deferred from 11/25/03 – Item 3.4(a)]
Documents Filed: (1) Supplemental
memorandum from City Clerk Patricia L. O’Hearn, dated November 24, 2003, providing
the appointments to the various boards and commissions. (2) Memorandum from
City Clerk Patricia L. O’Hearn, dated November 12, 2003, recommending the
appointments to various boards and commissions.
Discussion/Action: Mike M. Yoshimoto, Bill Pope, Deborah Powell, Bob Highbaugh and Rick Wolf spoke on the issue. Council Member Reed asked Staff to clarify the rules of campaigning for this type of election process. Director of Employee Relations Alex Gurza stated there is not a written policy pertaining to the rules of campaigning but they must abide by employee rule, such as a candidate must campaign on their own time and if presentations are made they should not be on their or any employee’s work time. Vice Mayor Dando asked Staff if phone calls made during the campaign were done on City property. Director Gurza stated he cannot answer due to the issue being a confidential matter but he did state an investigation was conducted and appropriate actions were taken. City Attorney Richard Doyle stated the employee has certain privacy rights and the information cannot be held in a public session, unless those rights are waived by the employee himself. Vice Mayor Dando asked Staff what the process was for dealing with campaigns when guidelines had been broken. Director Gurza stated if findings of misconduct is found they are dealt with in a range of disciplinary options. Vice Mayor Dando asked Staff if an appeals process was available for campaigning issues like these. City Attorney Doyle stated issues like this were handled as personnel matters and there were no official appeal process available.
Council Member Yeager asked Staff if the issues presented were enough to invalidate the election and to clarify what circumstances can an election be invalidated. City Attorney Doyle stated Council had absolute discretion to appoint whomever they wanted to appoint and were not bound to vote for the top go-getter and could vote for whomever Council deems as being qualified or not qualified for the position.
Council Member Gregory asked Staff if there were any written election rules for this type of campaign. Director Gurza stated there were no specific rules of when you can do the campaigning. City Clerk Patricia L. O’Hearn stated they have a listing of procedures and steps used in putting the ballot content together, so what they have in writing is more process oriented. Council Member Gregory asked Staff to clarify as to what information Council is supposed to use to base a decision upon, considering most of the case is confidential and the only written documentation they have is the memorandum stating the votes calculated. City Attorney Doyle stated Council must base their decision upon the facts they have before them and the testimonies conducted.
Council Member Williams moved
approval of appointing Mike Yashimoto for the Federated Retirement Board of
Commissions with direction for Staff to create a clearly outlined list of
requirements for applicants to the Federated Retirement Board and Commissions.
Council Member Yeager seconded the motion. Council Member LeZotte stated she
would not be supporting the motion due to her belief that the candidate had
distinct advantage over the rest of the candidates due to his violation of the
work rules and because of this advantage she felt the election results are not
representative of the level of employees. Council Member Cortese stated he
would not be supporting the motion due to the lack of information provided to
Council for him to support the motion. Vice Mayor Dando stated she would be
supporting the motion due to the confusion of not having the rules and
regulations written down, basically the City set up a system that allowed
failure, due to those reasons she would be supporting the motion. Council
Member Chavez stated she would not be supporting the motion due to the lack of
information provided. On a call for the question, the motion carried and Mike
M. Yoshimoto was appointed to the Federated Retirement Board with direction to
Staff to create a clearly outlined list of campaigning rules and requirements
for applicants to the Federated Retirement Board and Commissions. Vote:
6-4-1-0. Noes: Chavez, Cortese,
Gregory, LeZotte. Absent: Campos.
3.7 Adoption of a resolution approving the submission of the Historical Heritage Grant Application to the County of Santa Clara by the grant deadline of December 5, 2003. (Chavez)
(Rules in Lieu referral 11/16/03)
Documents Filed: Memorandum from City
Manager Del D. Borgsdorf and Executive Director of Redevelopment Agency, Susan
F. Shick, dated December 1, 2003, recommending the adoption of said resolution.
Discussion/Action: Upon motion by Council
Member Chavez, seconded by Vice Mayor Dando, and unanimously carried,
Resolution No. 71848.1, entitled: “A Resolution of the Council of the City of
San José Authorizing the City Manager to Execute and Submit an Application to
the Santa Clara County Parks and Recreation Department For the Historical
Heritage Grant Program for Improvements to Saint James Park in an Amount Not to
Exceed $200,000”, was adopted. Vote: 10-0-1-0. Absent: Campos.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Building Strong Neighborhoods Committee – November 17, 2003
Council Member Chavez,
Chair
(a) Review San José’s Vehicle Abatement Policies. Attachment: Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated November 12, 2003, providing the review of San José’s Vehicle Abatement Policies.
The
Committee accepted the Community Preservation Ordinance Update and return to
the Committee prior to budget addressing:
· What does our stake in
the ground need to be.
· What role should the
Council offices be involved.
· How the neighborhood
associations, vehicle abatement and the Police Department need to be a partner
in that direction.
· Attach the money
component with the information provided.
· Survey of surrounding
sister cities in the county on their timeline for response and their population
size. Include cities of similar size.
(b) Review Standards for Street Cleanliness. Attachment: Memorandum from Director of Transportation, James R. Helmer and Director of Environmental Services, Carl Mosher, dated November 10, 2003, providing the Street Sweeping report.
The
Committee accepted the Standards for Street Cleanliness Report, with direction
to staff to report back with the vehicle abatement team on the hot spots
regarding parking problems and address:
· Collisions cleanups
leave debris from the accident.
· A lot of glass in the
curbs and gutters.
· How is the street
sweeping getting in the newsletters in languages and correct.
· Flyer distribution by
the community on street sweeping calendars.
(c) Review Strategies and Effects of the
Neighborhood Investment Task Force and Grant Processes for Neighborhood
Organization. Attachment: Memorandum from Director of Parks, Recreation &
Neighborhood Services Sara Hensley, dated November 12, 2003, transmitting the
Parks, Recreation and Neighborhood Services Department presentation.
The
Committee accepted the Neighborhood Investment Task Force and Grant Processes
for Neighborhood Organization Report, with the recommendations as stated:
· Looking outside of SNI
areas.
· Encouraging customers
in the community to become partners with the City of San José in grant writing.
· Include Auditor in
process.
· Staff assignments
placed on the chart and reporting on what was applied for and what was
received.
(d) Oral petitions – None.
(e) Adjournment
The
meeting adjourned at 3:37 P.M.
Discussion/Action: Upon
motion by Council Member Chavez, seconded by Vice Mayor Dando, and unanimously
carried, the Building Strong Neighborhoods Report and Actions of November 17,
2003 were accepted. Vote: 10-0-1-0. Absent: Campos.
4.3 Public Hearing and adoption of a resolution:
(a) Approving a disposition and development agreement with Silicon Valley Habitat for Humanity, or an affiliated entity, including a predevelopment loan of up to $100,000, for the development of single-family homes on the following sites in the City of San José:
(1) 2 units at the S/w corner of Murphy and Ringwood Avenues;
(2) 6 units at the S/s of Murphy Avenue, between Ringwood and Lundy Avenues;
(3) 3 units at the S/s of Murphy Avenue, between Ringwood Avenue and Lakepark Drive; and
(4) 1 unit on Willow Street, between Locust and Palm Streets.
(b) Finding that the use of 20% Low- and Moderate-Income Housing Funds for the following projects is of benefit to the Redevelopment Project Areas in San José:
(1) S/w corner of Murphy and Ringwood Avenues;
(2) S/s of Murphy Avenue, between Ringwood and Lundy Avenues; and
(3) S/s of Murphy Avenue, between Ringwood Avenue and Lakepark Drive.
CEQA: Exempt, PP03-04-128. Council Districts 3 and 4. SNI: Washington. (Housing)
Documents Filed: (1) Memorandum from
Director of Housing Leslye Corsiglia, dated November 10, 2003, recommending the
public hearing and approval of said resolution. (2) Proof of publication of
Notice of Public Hearing, executed on November 14, 2003, submitted by the City
Clerk
Discussion/Action: Brian Chapman, Robert
Freiri, and Bill Bruce spoke on the issue. Upon motion by Council Member Reed,
seconded by Council Member Chavez, and unanimously carried, the Public Hearing
was held and Resolution No. 71849, entitled: “A Resolution of the Council of
the City of San José Approving the Disposition and Development Agreement for
the Transfer and Conveyance of City-Owned Property to Silicon Valley Habitat
for Humanity for the Development of Twelve Single-Family Homes on Four Sites in
the City of San José; Accepting the 33433 Summary Report and Re-Use Appraisal;
Finding that the Use of 20% Housing Funds for the Properties is of Benefit to
the Agency Project Areas and Making Certain Other Findings”, was adopted. Vote:
10-0-1-0. Absent: Campos.
4.4 Adoption of a resolution approving the Economic Development Strategy. CEQA: Not a Project. (Economic Development)
(Deferred from 11/25/03 – Item 4.4)
Documents Filed: Memorandum from Mayor
Gonzales, dated November 26, 2003, recommending approval of the Economic
Development Strategy with the following Strategic Initiatives as key priorities
to be incorporated into the relevant City Service Areas and communicated
throughout the entire city organization: Initiative 3: Develop strategic
partnerships with San José State and other universities to drive innovation and
economic impact; Initiative 4: Evolve and position Downtown as a unique
creative and cultural center of Silicon Valley; Initiative 5: Support start-up
and growth of local businesses, small and large, in tech as well as non-tech fields;
Initiative 8: Diversify San José’s economic base and preserve/create
middle-income jobs, and direction for the administration to continue moving
forward on the remaining eleven Strategic Initiatives of the Economic
Development Strategy.
Discussion/Action: Mayor Gonzales stated
the importance of the Economic Development Strategy in working towards the
first step of improvement to the San José community and it addressing the real
economy of the community. He stated the recommendation presented to Council
today is to prioritize the strategic initiatives that will give focus to the
strategy itself and he asked each Council Member to choose their most top
priorities from the proposed initiatives and in today’s recommendation, the top
four initiatives on the list were what Council voted upon as being of most
importance. Vice Mayor Dando moved approval of Staff’s recommendation, seconded
by Council Member Reed.
Vice Mayor Dando thanked the Mayor and Staff for working diligently upon the strategy and finding a way to prioritize the initiatives. Council Member Gregory asked Staff how can initiatives that come up at a later date be worked into the strategy and how would it be possible to add them. Mayor Gonzales stated Staff would be more willing to make mid-course corrections and to be more quick and nimble in their efforts to help Council implement any future changes if needed. Council Member Gregory asked Staff what will happen to the remaining initiatives that were not seen as priorities in the current Staff recommendation but are still initiatives that need to be followed. Director of Economic Development Paul Krutko stated the remaining initiatives will follow the same process and the strategy is designed to be a multi-year effort planned to continue for the next five years and those initiatives currently have momentum behind them already so he did not forsee anything from deterring that. Council Member Cortese stated he would support the motion because he approved the recommendation that supports economic development, but he stated he did not support the process of prioritizing the initiatives and stated that he would write a memorandum advising the Mayor’s staff of those concerns.
Council Member Williams stressed the
importance of meeting and utilizing the driving industries in the area since
they produce a business plan each year and he suggested Staff should meet with
them frequently to discuss creating an executive program that would communicate
the industries’ objectives and needs. Council Member Yeager asked Staff how
they planned to carry out Council’s objectives and to steadily move them along.
Assistant City Manager Mark Linder stated once Council approves the objectives,
they implement them throughout the budget process and per City Service Area. Council
Member Yeager urged Staff to continue working with organizations and
non-profits to ensure accountability within the process. Council Member Gregory
asked Staff to provide Council with the list of tactics that the City will use
within the Economic Development Strategy and any that are dropped or added to
the existing report and to provide Council with an Annual Report separate from
the Budget process that focuses on the progress and success of the programs. On
a call for the motion, and unanimously carried, Resolution No. 71850, entitled:
“A Resolution of the Council of the City of San José Approving the Economic
Development Strategy”, was adopted. Vote: 10-0-1-0. Absent: Campos.
4.5 PUBLIC HEARING ON
HISTORICAL PROPERTY CONTRACT for the Twohy Building, City Landmark No.
HL01-134, located at 200-210 South First Street and adoption of a resolution
approving a historic landmark preservation agreement. (CIM/Twohy LLC, Owner). CEQA:
Exempt. (Planning, Building, and
Code Enforcement)
MA 03-002 - District 3
(Deferred from 11/25/03 – Item 4.6)
Documents Filed: Memorandum
from Director of Planning, Building & Code Enforcement Stephen Haase, dated
November 10, 2003, recommending the adoption of said resolution.
Discussion/Action: Upon motion by Council Member Chavez,
seconded by Vice Mayor Dando, and unanimously carried, the Public Hearing was
held and the historical property contract for the Twohy Building was approved
and Resolution No. 71851, entitled: “A Resolution of the Council of the City of
San José Approving a Historic Landmark Preservation Agreement with CIM/Twohy,
LLC, for the Twohy Building (City Landmark No. HL01-134)”, was adopted. Vote:
10-0-1-0. Absent: Campos.
RECREATION & CULTURAL SERVICES
5.2 Approval of an agreement with Anderson Brulé Architecture, Inc. for consultant services including project design, preparation of construction documents and construction administration services for the Cambrian Branch Library Project, for a term from December 1, 2003 to November, 2006, for an amount not to exceed $1,275,000. CEQA: Not a Project. Council District 9. (Public Works/Library)
Documents Filed: Memorandum from Director of Public Works Katy Allen and Library Director, Jane Light, dated November 10, 2003, recommending approval of said agreement with Anderson Brule Architecture, Inc.
Discussion/Action: Upon motion by Council Member Chirco, seconded by Council Member Reed, and unanimously carried, the said agreement with Anderson Brule Architecture, Inc. was approved. Vote: 10-0-1-0. Absent: Campos.
5.3 (a) Adoption of a resolution approving the following revisions to the Operating Grant Program:
(1) Set forth in the grant guidelines estimated ranges of reference percentages of operating revenues used in determining grant amounts in each grant category of the Operating Grant Program that reflect more realistically the recent decline in City’s Transient Occupancy Tax revenues (TOT) and the availability of funds for granting;
(2) Revise the revenue period to which the percentages mentioned above refer from a single year, the most recently completed fiscal year at the time of the grant-application deadline, to the average of revenues over the three most recently completed fiscal years at the time of the application deadline.
(3) Extend the basic method for determining recommended grant awards used in the Artist Organization (AO) and Resident Arts Organization (RAO) categories to the Professional Arts Institution (PAI) and Resident Arts Institution (RAI) categories, and retire the three-part formula presently used in the PAI and RAI categories.
(4) In the first year of implementation of these revisions, recommend grant awards in the PAI and RAI categories that are the average of the amounts proposed by the review panel without using the three-part formula and the amounts that would have resulted had the three-part formula been in use.
(5) As in the case of the AO and RAO categories, should the review panel recommend that an application in the PAI or RAI categories not be funded as a result of the evaluation, then the panel recommendation for no funding will supersede any potential grant calculations made pursuant to the foregoing criteria.
CEQA: Not a Project. (Conventions, Arts and Entertainment)
(b) Adoption of a resolution approving a change to the Project & Program Arts Grant Program by reducing the maximum grant amount in the Project & Program Arts Grant Program from $30,000 to $18,000 for FY 2004-05, in order to be better aligned with the amount of funds available to support arts grants. CEQA: Not a Project. (Conventions, Arts and Entertainment)
(Deferred from 11/25/03 – Item 5.3)
Documents Filed: (1) Memorandum from
Acting Director of Conventions, Arts & Entertainment Jim McBride, dated
November 3, 2003, recommending the adoption of said resolution. (2) Memorandum
from Acting Director of Conventions, Arts & Entertainment Jim McBride,
dated October 29, 2003, recommending the adoption of a resolution approving a
change to the Project & Program Arts Grant Program by reducing the maximum
grant amount in the Project & Program Arts Grant Program from $30,000 to
$18,000 for FY 2004-2005, in order to be better aligned with the amount of
funds available to support arts grants.
Discussion/Action: Brian Chapman spoke on
the issue. Upon motion by Council Member Williams, seconded by Council Member
Cortese, and unanimously carried, Resolution No. 71852, entitled: “A Resolution
of the Council of the City of San José Approving Revisions to the Arts
Operating Grant Program” and Resolution No. 71853, entitled: “A Resolution of
the Council of the City of San José Approving a Reduction in the Maximum Grant
Amount for the Project & Program Arts Grant Program for Fiscal Year
2004-2005”, were adopted. Vote: 10-0-1-0. Absent: Campos.
ENVIRONMENTAL & UTILITY SERVICES
7.1 PUBLIC HEARING and adoption of a resolution approving and adopting the sixth amendment to the Countywide Nondisposal Facility Element to identify the following nondisposal facilities: California Waste Solutions Recycling & Transfer Station at 1005 Timothy Drive, San José; Environmental Management Systems Recycling and Processing Facility, Milpitas; and Pacific Coast Recycling Facility, Gilroy. CEQA: Exempt, Public Resources Code Section 41735. (Environmental Services)
Documents Filed: Memorandum
from Director of Environmental Services, Carl Mosher, dated November 10, 2003,
recommending the public hearing and adoption of said resolution.
Discussion/Action: Upon motion by Vice
Mayor Dando, seconded by Council Member LeZotte, and unanimously carried, the
Public Hearing was held and Resolution No. 71854, entitled: “A Resolution of
the Council of the City of San José Adopting the Sixth Amendment to the
Countywide Nondisposal Facility Element to Identify the California Waste Solutions
Recycling and Transfer Stations, the Environmental Management Systems Recycling
and Processing Facility, and the Pacific Coast Recycling Facility as
Nondisposal Facilities in the County Integrated Waste Management Plan”, was
adopted. Vote: 10-0-1-0.
PUBLIC SAFETY SERVICES
9.1 (a) Presentation of the 2003 Independent Police Auditor’s Mid-Year Report. (Independent Police Auditor)
(b) Response to the recommendations contained in the 2003 Independent Police Auditor’s Annual Report. (Police)
Documents Filed: Memorandum from Mayor
Gonzales, dated December 1, 2003, recommending that any consideration of
implementation of the Independent Police Auditor’s recommendations in her
Mid-Year Report and any new recommendations related to police use-of-force and
officer-involved shootings be deferred until the new Police Chief has been
appointed; A new Police Chief is expected to be appointed in January 2004. At
this time, the new Chief will able to review the IPA report and findings, as
well as give his or her thoughts on the IPA’s recommendations. (2) Memorandum
from Council Members Cortese, Chavez, Gregory and Williams, dated December 2,
2003 with the recommendations contained therein. (3) Memorandum from Acting
Chief of Police Thomas R. Wheatley, dated November 21, 2003, recommending
acceptance of the following report in response the recommendations contained in
the Independent Police Auditor’s (IPA) 2003 mid-year report. (4) Hardcopy of
2003 Mid-Year Report from the Office of the Independent Police Auditor, dated
from January , 2003 to June 30, 2003.
Discussion/Action: Independent Police Auditor Teresa Guerrero delivered an overview presentation of the 2003 Independent Police Auditor’s Mid-Year Report. Deputy Chief of Police (BOA) Adonna Amoroso delivered an overview and evaluation of the Independent Police Auditor’s Mid-Year Report and stated her availability to answer any questions Council may have.
Council Member Reed asked staff how a department-initiated complaint differed from other types of complaints. Deputy Chief Amoroso stated some infractions and misbehaviors are noted by supervisors and command officers and they are ranged from minor to major offenses, they are first initiated by any supervisor then are investigated by the next highest rank and Internal Affairs is also notified of the investigation taking place. She noted the process is very similar to a citizen complaint and people are notified higher up in the chain then appropriate action takes place. Upon sustaining the findings, the violation has been determined and verified, then disciplinary action is imposed and the file is sent to Internal Affairs. Independent Police Auditor Guerrero stated there are two classes of department-initiated complaints, one being management issues to which her department does not audit and the other being citizen-involved and is audited.
Ross Signorino, The-Vu Nguyen, Donna Wallach, Gary
Wood, Richard Konda, and Stephen Hazel spoke on the issue. Council Member
Cortese moved approval of Mayor Gonzales’ memorandum, dated December 1, 2003,
with the recommendations contained therein and a memorandum from Council
Members Cortese, Chavez, Gregory and Williams, dated December 2, 2003, with the
recommendations and staff direction contained therein, and direction for staff
to have all other items brought back to Council in April 2004, seconded by
Council Member Chavez, and unanimously carried, the Independent Police
Auditor’s Mid-Year Report was accepted with approval of said memorandums and
staff direction contained therein. Vote: 10-0-1-0. Absent: Campos.
JOINT COUNCIL/REDEVELOPMENT AGENCY
The Redevelopment Agency
Board convened to consider Item 10.1 in a Joint Session at 4:51 P.M.
10.1 Presentation on proposed Design Guidelines for Downtown Development. (City Manager's Office/Redevelopment Agency)
(Deferred from 11/18/03 – Item 10.1)
Documents Filed: (1)
Memorandum from Mayor Gonzales and Council Member Chavez, dated December 2,
2003, recommending the acceptance of the draft Downtown Design Guidelines and
direction for the Planning staff to: Incorporate and address feedback from
Councilmembers into the final document brought forward for Council
consideration and action; Continue to reach out to community stakeholders for
review and comment; Link Downtown Design Guidelines and Downtown Zoning
Frameworks to increase speed and predictability; Return to Council with the
final Design Guidelines and Zoning proposals that reflect Council and community
input to Council for adoption as soon as possible following the community
outreach (anticipated completion in Spring 2004); Additionally, direction for
the Redevelopment Agency to provide Planning staff, who will be leading the
overall effort, with sufficient resources to complete the above direction. (2)
Memorandum from City Manager Del D. Borgsdorf and Executive Director of
Redevelopment Agency, Susan F. Shick, dated December 2, 2003, transmitting the
Downtown Design Guidelines for informational purposes and direction to Staff to
initiate the Public Outreach process and return the Guidelines at a future date
for formal action.
Discussion/Action: Deputy Director of Planning Implementation Joe Horwedel delivered a presentation on the proposed Design Guidelines for Downtown Development. Council Member Chavez moved approval of Mayor Gonzales’ and her memorandum dated December 2, 2003 and the direction contained therein. Council Member Cortese seconded the motion. Council Member Chavez commented on there being too many guidelines and reports pertaining to the Downtown San José area, such as the Downtown Strategy, the SOFA report and historic guidelines. She stated the best way to care for this problem is to develop a governance document that takes all the existing documents in order to develop some kind of consistency, predictability and speed. She recommended the lead to implement this strategy go to the Planning Department with the Redevelopment Agency providing expertise.
Brian
Chapman and Scott Knies spoke on the issue. Council Member LeZotte asked Staff
when they will return to Council with a status report on the issue. Deputy
Director Horwedel stated they will return on January 13, 2003 with an update.
On a call for the motion, the presentation on the proposed Design Guidelines
for Downtown Development was accepted in the form of a memorandum from Mayor
Gonzales and Council Member Chavez, dated December 2, 2003, and the direction
for Staff contained therein. Vote:
10-0-1-0. Absent: Campos.
The Redevelopment Agency
Board portion of the meeting adjourned at 5:01 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 receipt
of the following Final Maps for review:
None.
1.1 Presentation of a commendation to Girl Scout Troop 1053. (Gregory)
Documents Filed: None.
Discussion/Action: Vice Mayor Dando and
Council Member Gregory joined Mayor Gonzales at the podium to present a
commendation to the Girl Scout Troop 1053 in honor of their outstanding work
with the community and assisting with senior citizens and helping the homeless.
Troop leader Mrs. Legaspi-Carter thanked the Mayor and Council for their
commendation.
RECESS/RECONVENE
The City Council recessed at 5:01 p.m. and reconvened at 7.04 p.m. Council Chambers, City Hall.
Present: Council Members - Cha