MINUTES OF THE CITY COUNCIL
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, Dando, Gregory, LeZotte, Reed, Yeager; Gonzales.
Absent: Council Members: Cortese, Williams.
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:38 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 Diamond v. City of San José, et al.; (B) to confer with Legal Counsel regarding anticipated litigation (a) of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code and (2) to discuss one matter 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 10:50 a.m. and reconvened at 1:33 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Willliams, Yeager; Gonzales.
Absent: Council Members: None.
Invocation (District 5)
Reverend Richard Rangel of the First Apostolic
Church of San José delivered a prayer of Peace and Unity.
Pledge of Allegiance
Mayor
Gonzales led the Pledge of Allegiance.
Orders of the Day
Item 1.9
was heard in evening session, and Items 10.1 and 10.2 were considered in the
Joint City Council/Redevelopment Agency Board Session.
CEREMONIAL ITEMS
1.1 Presentation of a proclamation recognizing May 5-12, 2003, as National Historic Preservation Week. (LeZotte)
Documents Filed: None.
Discussion/Action: Mayor Gonzales was joined at the podium by Council Member LeZotte to present a proclamation recognizing May 5-12, 2003 as National Historic Preservation Month to Chairman of the Historic Landmark Commission Gloria Scharra and the San José Action Council for their efforts in continuing the historical preservation of San José. Gloria Scharra thanked the Mayor and Council for the recognition and their continued support.
1.2 Presentation of commendations recognizing the exemplary service of Judith Henderson and Jack Douglas who have worked to preserve San José’s history as Historic Landmark Commissioners and activists, whose service to the City extended well beyond their tenure
on the Commission. (LeZotte)
Documents Filed: None.
Discussion/Action: Mayor Gonzales and Council Member LeZotte presented commendations to
Judith Henderson and Jack Douglas for their exemplary work in preserving the
history of San José and their contributions as Historic Landmark Commissioners.
1.3 Presentation of a proclamation recognizing May 2003 as Older American’s Month in the City of San José. (LeZotte/Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales joined by
Council Member LeZotte, presented a proclamation recognizing May 2003 as Older
American’s Month to Senior Commissioner Ron Shwartz for his work and efforts in
providing needed resources for older Americans in San José.
1.4 Presentation of plaque to Donice Wagner for 1 year service on the Project Diversity Screening Committee. (Mayor)
Documents Filed: None.
Discussion/Action:
Mayor Gonzales presented a plaque to Donice Wagner for her service on the
Project Diversity Screening Committee.
1.8 Presentation of a commendation to the Youth Anti-Tobacco Collaborative. (Campos)
(Rules Committee referral 4/30/03)
Documents Filed: None.
Discussion/Action: This item was deferred to May 13, 2003.
CONSENT CALENDAR
2.1 Approval of City Council Minutes for:
(a) Regular meeting of September 3, 2003
(b) General Plan hearing of September 3, 2003
Documents Filed: Minutes of Regular City Council meeting of September 3, 2003, and General Plan hearing of September 3, 2003.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
2.3 (a) Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a grant from the Federal Aviation Administration to be used to acquire a fire truck for the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager’s contract authority. CEQA: Resolution Nos. 67380 and 71451, PP 03-04-119. (Airport)
(b) Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a series of grants with the Federal Aviation Administration, at such time or times as the grant monies are available in succeeding Federal Fiscal Years to be used to defray the cost of reconstruction of Taxiway Y at the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager’s contract authority. CEQA: Resolution Nos. 67380 and 71451, PP 03-04-121. (Airport)
Documents Filed: (1) Memorandum from Aviation Director Ralph G. Tonseth, dated April 16, 2003, recommending adoption of said resolution authorizing the City Manager to apply for, and execute upon receipt, a grant from the Federal Aviation Administration. (2) Memorandum from Aviation Director Ralph G. Tonseth, dated April 16, 2003, recommending adoption of said resolution authorizing the City Manager to apply for, and execute upon receipt, a series of grants with the Federal Aviation Administration.
Discussion/Action: Resolution No. 71540, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to the Federal Aviation Administration for a Grant for the Acquisition of a Fire Truck for the Norman Y. Mineta San José International Airport in an Amount in Excess of the City Manager’s Contract Authority of $100,000, to Accept the Grant if Awarded, and to Execute all Related Documents”, and Resolution No. 71541, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to the Federal Aviation Administration for a Series of Grants to Defray the Cost of the Reconstruction of Taxiway Y at the Norman Y. Mineta San Jose
International Airport in an Amount in Excess of the City Manager’s Contract Authority of $100,000, to Accept the Grants if Awarded, and to Execute all Related Documents”, were adopted. Vote: 11-0-0-0.
2.4 Acceptance of the Office of the City Auditor’s Monthly Report of Activities and Findings Through April 15, 2003. (City Auditor)
Documents Filed: Letter from City Auditor Gerald A. Silva, dated April 22, 2003, transmitting said report.
Discussion/Action: The Office of the City Auditor’s Monthly Report of Activities and Findings Through April 15, 2003, was accepted. Vote: 11-0-0-0.
2.5 Approval of the amended and restated Banquet Facility Agreement with the Rotary Club of San José for use of the banquet facility at the parking garage located at 44 South Fourth Street for no more than 50 Wednesdays and four optional events each year for 35 years. CEQA: Exempt, PP03-04-129. Council District 3. SNI: University. (Conventions, Arts and Entertainment)
Documents Filed: None.
Discussion/Action: This item was deferred to May 13, 2003.
2.6 Adoption of a resolution authorizing the City Manager to enter into a lease agreement with Westlake Development Company, Inc., for 4,913 rentable square feet of office space for the Police Domestic Violence Unit, at 125 E. Gish Road in San José, at a rental cost of $74,779.08 for the first year of the lease term. CEQA: Not a Project. (General Services)
Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated April 16, 2003, recommending adoption of said resolution authorizing the City Manager to enter into a lease agreement with Westlake Development Company, Inc.
Discussion/Action: Council Member Chavez requested Staff perform a customer survey to ensure the clients would feel comfortable with the relocation of the Domestic Violence Unit to City Hall. Director of General Services Jose Obregon stated customer needs were top priority and agreed that a survey should be done. Chief of Police William M. Lansdowne stated his concerns regarding the relocation issues and stated they would ensure the unit has it’s own area and space completely separate from the other departments in City Hall. Vice Mayor Dando stated the Domestic Violence Task Force Advisory Board was highly concerned with the move since the current location is near the Police department and allows Police officers to be near or around the center, allowing the center to be successful and customers the ability to receive all the help they need within one area. She asked Staff to reconsider the new location for the Domestic Violence Unit and encouraged them to remain within the Domestic Violence Center instead of City Hall. Resolution No. 71542, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute an Agreement with Westlake Development Company, Inc. in an Amount not to Exceed $74,780 in the first Year, and not to Exceed $317,089 for the total of Four Years, Subject to Termination in the Succeeding Years”, was adopted. Vote: 11-0-0-0.
2.7 Adoption of a resolution initiating proceedings and setting May 27, 2003 at 1:30 p.m. as the date for Council consideration of the detachment from special District County Sanitation 2-3 of 16.25 acres of land, located on the south side of Tully Road approximately 500 feet easterly of 10th Street, and generally bounded by the City of San José Annexations Monterey Park No. 5, Franklin 31, Franklin 4, and Franklin 17. CEQA: Resolution No. 71359. Council District 7. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated April 16, 2003, recommending adoption of said resolution initiating proceedings and setting May 27, 2003 at 1:30 p.m. as the date for Council consideration of the detachment from special district County Sanitation 2-3 of 16.25 acres of land.
Discussion/Action: Resolution No. 71543 was adopted. Vote: 11-0-0-0.
2.8 Adoption of a resolution authorizing the Director of Public Works to execute an easement deed to Pacific Gas and Electric Company (PG&E) together with an acceptance of a quitclaim deed from PG&E for the relocation and underground installation of an electrical distribution line at Los Lagos Golf Course. CEQA: Exempt, PP03-04-101. Council District 7. (Public Works)
Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 16, 2003, recommending adoption of said resolution authorizing the Director of Public Works to execute an easement deed to Pacific Gas and Electric Company together with an acceptance of a quitclaim deed from PG&E.
Discussion/Action: Resolution No. 71544, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Public Works to Quitclaim an Easement to Pacific Gas and Electric Company (PG&E) in Exchange for a Quitclaim of an Old Easement From PG&E in Recognition of the Relocation and Underground Installation of an Electrical Distribution Line at Los Lagos Golf Course and to Execute Such Document Necessary to Effectuate This Transaction”, was adopted. Vote: 11-0-0-0.
2.9 Adoption of a resolution summarily vacating an excess portion of the south side of Hedding Street approximately 100 feet west of Park Avenue. CEQA: Negative Declaration, PDC00-107. Council District 6. (Public Works)
Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 16, 2003, recommending adoption of said resolution.
Discussion/Action: Resolution No. 71545, entitled: “A Resolution of the Council of the City of San José Summarily Vacating a Portion of the South Side of Hedding Street Approximately 100 Feet West of Park Avenue”, was adopted. Vote: 11-0-0-0.
2.10 Report on bids and take appropriate action based on the evaluation of bids for the Municipal Rose Garden Renovation Project. CEQA: Exempt, HP02-020. Council Districts 6 and Citywide. (Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred to May 20, 2003.
2.11 Approval of the third amendment to the agreement with Beals Alliance, Inc. for consultant services for various park and recreation projects, extending the agreement term from June 5, 2001 to December 31, 2004, and increasing compensation by $200,000, from $800,000 to $1,000,000. CEQA: Negative Declaration, PP 00-10-147. Council Districts 3 and Citywide. (Public Works)
Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 16, 2003, recommending approval of the third amendment to said agreement with Beals Alliance, Inc.
Discussion/Action: Council Member Chavez referred to Staff’s memorandum and asked if its focus was solely upon the Selma Olinder property and what was the specific work needed. Director of Public Works Katy Allen stated the Memorandum was not just for the Selma Olinder but was an extension of the master agreement on a consultant agreement for a variety of City parks, including some work on Phase 1 and 2 for the Selma Olinder property. The third amendment to said agreement was approved. Vote: 11-0-0-0.
2.12 Approval of City Attorney Richard Doyle's travel to Washington, D.C., to meet with the Federal Aviation Administration on May 4-5, 2003. Funding: Airport. (City Attorney's Office)
(Orders of the Day)
Documents Filed: None.
Discussion/Action: City Attorney Richard Doyle’s travel to Washington, D.C was approved. Vote: 11-0-0-0.
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – April 23, 2003
Vice Mayor Dando, Chair
Documents Filed: Rules Committee Report of April 23, 2003.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review May 6, 2003 Draft Agenda
The Committee recommended approval of the May 6, 2003 City Council agenda
with five additions.
(b) City
Council (Cont’d.)
(2) Add New Items to April 29, 2003 Agenda
The Committee recommended two additions to the April 29, 2003 City
Council agenda.
(3) List of Reports Outstanding. Attachment:
Report from City Manager dated April 15, 2003 listing three staff reports
outstanding for the April 29, 2003 council agenda.
The Committee noted and filed the City Manager’s report listing three
staff reports outstanding for the April 29, 2003 Council meeting.
(c) Legislative
Update
(1) State. Attachment: Memorandum from Director of
Intergovernmental Relations Betsy Shotwell dated April 16, 2003 regarding
approval of staff’s proposed recommendation on ACA 7 (Dutra) and SCA 2
(Torlakson).
(a) Approve staff’s proposed recommendation
on Assembly Constitutional Amendment 7 (Dutra) and Senate Constitutional
Amendment 2 (Torlakson) regarding local transportation taxes
The Committee approved
staff’s recommendation to support ACA 7 (Dutra), with the stipulation that City
of San José supports lowering the voter threshold for not only sales taxes but
also other taxes that relate to funding transportation. The Committee approved
the staff recommendation to support SCA 2 (Torlakson) if amended to delete the
“Smart Growth” element.
(2) Federal
Assistant City Manager Mark Linder informed the Committee that Mayor
Gonzales will testify before a Congressional Committee in May regarding BART
and other transportation issues. Mr. Linder also noted that the legislative
matrix will be updated on the City’s intranet site by the end of the week, with
a hard copy distributed to Council next Wednesday.
(d) Meeting
Schedules – There were none.
(e) The Public Record. Attachment: Memorandum from City Clerk Patricia O’Hearn dated April 17, 2003 transmitting items received for the Public Record for the period April 9-15, 2003.
The Committee noted and filed the Public Record.
(f) Boards,
Commissions and Committees
(1) Request to discuss the San José Arts
Commission’s recommendation to City Council on budget strategies as reflected
in the San José Arts Commission Position Paper on Support for the Arts.
Attachment: Memorandum from Jim McBride, Acting Director of Conventions, Arts
and Entertainment, dated April 17, 2003 transmitting a Position Paper on
Support for the Arts and recommending discussion by City Council on budget
strategies as reflected in the Position Paper.
The Committee noted and
filed the San José Arts and Commission Position Paper on Support for the Arts,
referred the document to the budget process, and directed Administration to
notify the Arts Commission when their budget hearing will be scheduled.
(g) Council
Referrals for Assignment to Administration or Council Appointee
There were none.
(h) Administrative
Reviews and Approval – There were none.
(i) Oral
communications – None were presented.
(j) Adjournment
The meeting adjourned at 2:25 P.M.
Discussion/Action:
Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and
unanimously carried, the Rules Committee and actions of April 23, 2003 were
accepted.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Building Strong Neighborhoods Committee – April 21, 2003
Council Member Chavez, Chair
Documents Filed: Building Strong Neighborhoods Committee Report of April 21, 2003.
(a) Review
of Driveway Team Policies. Attachment: Memorandum from Planning, Building and
Code Enforcement Director Stephen M. Haase, dated April 9, 2003, transmitting
said report.
The Committee accepted the
Driveway Team Policies report.
(b) Input
on PRNS Reorganization. Attachment: Memorandum from Parks, Recreation and Neighborhood Services
Director Sara L. Hensley, dated April 7, 2003, transmitting hard copies of the
overhead slides to be used in the Staff presentation
The Committee deferred
this item to the May 19, 2003 Committee meeting.
(c) Draft SNI Business Plan presentation. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 14, 2003, transmitting said report.
The Committee approved the draft SNI Business Plan report, with direction
to staff to update the Committee in June on the accomplishments in the SNI
areas.
(d) Update
on “Policy on Prioritization of Trail Projects”. Attachment: Memorandum from
Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated
April 8, 2003, transmitting said report.
The Committee accepted the
report, with the directive to staff to provide an update on the “Policy on
Prioritization of Trails Projects” at the June 19 Committee meeting. This
presentation is to include:
(1)
Project inventory;
(2)
Funding sources;
(3)
Near future deadlines; and
(4)
Projects that need further investigating.
(e) Oral
petitions – None.
(f)
Adjournment
The meeting adjourned at 2:32 p.m.
Discussion/Action: Upon motion by Council Member Yeager, seconded by Williams, and unanimously carried, the Building Strong Neighborhoods Committee Report and Actions for April 21, 2003 were accepted.
4.3 Public Hearing and adoption of the 2003-2004 Draft Consolidated Plan Annual Action Plan, including FY 2003-2004 proposed recommendations for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership Program (HOME), the Housing Opportunities for People with HIV/AIDS (HOPWA) Program, and the Emergency Shelter Grant (ESG) Program. CEQA: Not a Project. (Housing/Parks, Recreation and Neighborhood Services)
Documents Filed: (1) Memorandum from Housing Director Leslye Corsiglia and Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 16, 2003, recommending adoption of the 2003-2004 Draft Consolidated Plan Annual Action Plan, including FY 2003-2004 proposed recommendations for the Community Development Block Grant Program, the HOME Investment Partnership Program, the Housing
Opportunities for People with HIV/AIDS Program, and the Emergency Shelter Grant Program. (2) Supplemental memorandum from Housing Director Leslye Corsiglia and Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 29, 2003, recommending: (a) adoption of the Draft 2003-2004 Annual Action Plan of the City of San José 2000-2005 Consolidated Plan; (b) approval of the Emergency Shelter Grant Program funding recommendations; (c) authorizing the Director of Parks, Recreation and Neighborhood Services to negotiate and execute all agreements and amendments for the expenditure of CDBG funds on behalf of the City; and (d) authorizing the Director of Housing to negotiate and execute all agreements and contracts for the expenditure of ESG, HOME and Housing Opportunities for People with HIV/AIDS funds on behalf of the City.
Discussion/Action: Mayor Gonzales opened the Public Hearing and there were no speakers from the floor. The Public Hearing was closed. Council Member LeZotte asked Staff if a matrix was available providing information pertaining to the Healthy Neighborhood Venture Fund (HNVF) and Community Development Block Grant (CDBG) funding process. Director of Parks, Recreation & Neighborhood Services Sara Hensley stated a matrix was available providing that information and would be given to Council. Upon motion by Council Member Williams, seconded by Council Member Yeager, and unanimously carried, the adoption of the 2003-2004 Draft Consolidated Plan Annual Action Plan was approved. Vote: 11-0-0-0.
4.4 Adoption of a resolution:
(a) Rescinding the current Council Policy 9-3, prohibiting the installation of community identification signs other than those of a historical nature; and
(b) Approving a replacement policy based on the proposed guidelines and criteria, as amended from those set forth in the supplemental memo to City Council dated February 12, 2003, allowing community identification signs and architectural/gateway monuments (Community Signs) within the public right-of way.
CEQA: Exempt, PP02-06-137. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated April 16, 2003, recommending adoption of said resolution rescinding the current Council Policy 9-3, and approving a replacement policy based on the proposed guidelines and criteria.
Discussion/Action: Williams Garbett spoke on the issue. Council Member Reed asked Council to clarify the reasoning behind raising the identification signs and architectural/gateway monuments fee. Deputy Director of Planning Implementation Joe Horwedel stated the rise in fee was to cover the long term maintenance fee of the signs, including replacement of damaged signs. Vice Mayor Dando commented the City would not want to dissuade organizations and community groups from purchasing identification signs and the rise in fees would ensure that. Deputy Director Horwedel stated Staff wanted to keep the signs very general to allow the community and Council the flexibility of what type of signs were available. Vice Mayor Dando asked that the flexibility remain within the policy to allow organizations more options. Council Member Williams asked Staff if City-owned properties such as libraries and parks would use the same criteria as other community organizations in the purchasing of identification signs. Deputy Director Horwedel stated City architecture would vary depending on their building location and per individual project. Council Member Williams requested Staff return to Council with their first year progress report. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and unanimously carried, Resolution No. 71546, entitled: “A Resolution of the Council of the City of San José Rescinding Council policy 9-3 Prohibiting the Installation of Community Identification Signs Other Than Those of a Historic Nature and Adopting a Replacement Policy to Allow Architectural/Gateway Monuments and Community Identification Signs Citywide Based Upon Certain Guidelines and Criteria”, was adopted. Vote: 9-0-2-0. Absent: Cortese, Yeager.
4.5 PUBLIC HEARING on the designation of 128 Pierce Avenue as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature. CEQA: Exempt, PP03-03-074. SNI: Market/Almaden. (Planning, Building, and Code Enforcement)
HL 03-147 – District 3
Documents Filed: None.
Discussion/Action: This item was continued to June 3, 2003.
4.6 Approval of the release of $309,716 in Community Action Pride (CAP) Grant monies for Cycle 17 and $296,191 in Neighborhood Revitalization funds to be dispersed through the CAP process to Strong Neighborhoods Initiative (SNI) neighborhood groups. CEQA: Exempt, PP03-04-141. (Parks, Recreation and Neighborhood Services)
(Orders of the Day)
Documents Filed: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 29, 2003, recommending approving the release of Community Action Pride Grant monies for Cycle 17 and Neighborhood Revitalization funds dispersed through the CAP process to SNI neighborhood groups.
Discussion/Action: William Garbett and Brian Chapman spoke on the issue. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, the release of $309,716 of said monies for Cycle 17 and said funds to be dispersed through the CAP process to Strong Neighborhoods Initiative neighborhood groups was approved. Vote: 9-0-2-0. Absent: Cortese, Yeager.
RECREATION & CULTURAL SERVICES
TRANSPORTATION SERVICES
6.2 Discussion of the FY 2002-2003 Slurry Seal Projects by Council District. (Transportation)
(Council referral from 4/29/03 – Item 6.2)
Documents Filed: Memorandum from Assistant to the City Manager Deanna J. Santana, dated May 1, 2003, transmitting a copy of the Staff memorandum dated April 29, 2003 by Transportation Director James R. Helmer providing a list of streets for the Slurry Seal 2003 project requested by Council on April 29, 2003.
Discussion/Action: Mayor Gonzales stated no Council action was needed for this item and it would only include Council discussion. Council Member Williams asked Staff as to what types of technological improvements have there been within slurry seal capabilities and has it improved the longevity of the sealant. Director of Transportation Jim Helmer stated the current improvements are within the general overlaying and resurfacing of the sealant, street preparation and the overall equipment used. Vice Mayor Dando and Council Member Chavez requested Staff provide an assessment clarifying the prioritization process of Slurry Seal Projects.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Acceptance of the report on the status of the development of a Request for Proposal (RFP) for a Utility Billing System that integrates Customer Service and Hauler Contract Management for Recycle Plus and the Municipal Water System. CEQA: Not a Project. (Environmental Services/Finance/Information Technology)
Documents Filed: None.
Discussion/Action: This item was deferred to May 13, 2003.
7.2 (a) Acceptance of the Quarterly Status Report for the cooperative efforts between the City of San José (City) and the Santa Clara Valley Water District (District).
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement to extend the initial term of the agreement between the City of San José and the Santa Clara Valley Water District entitled, “South Bay Water Recycling Reimbursement Agreement for Development and Utilization of Nonpotable Recycled Water” to cover a continuous period of eight years, from July 1, 1997 through June 30, 2005.
CEQA: Not a Project. (Environmental Services/Parks, Recreation and Neighborhood Services/Planning, Building and Code Enforcement/Public Works/Transportation)
Documents Filed: None.
Discussion/Action: This item was deferred to May 20, 2003.
7.3 Authorize the City Manager to conduct a study of San José Municipal Water System rates and forward rate recommendations to the 2004-05 budget process. CEQA: Not a Project. (City Manager’s Office)
(Deferred from 3/18/03 – Item 7.1 et al., and 4/29/03 – Item 7.1)
Documents Filed: (1) Memorandum from Assistant City Manager Mark Linder, dated March 26, 2003, recommending authorizing the City Manager to proceed with a study of San José Municipal Water system rates and forward rate recommendations to the FY 2004-05 budget process. (2) Memorandum from Mayor Gonzales, Vice-Mayor Dando, and Council Member Campos, dated May 2, 2003, recommending Council: (a) Set a goal for the San José Municipal Water System (MWS) that its average residential water rates remain below the average of rates paid by other residential water consumers in San José; (b) Direct the City Attorney to do an independent rate study within 90 days and report back to council with his findings and recommendations related to rates and an appropriate Rate of Return (ROR) for the General Fund; (c) Direct the City Manager to delay Muni Water rate increases until the City Attorney’s rate evaluation is complete; (d) Direct the City Auditor to perform a management audit of MWS to include both management efficiencies and a review of overhead charges to the system to ensure that we are running MWS in the most cost-effective method possible; (e) Direct the City Manager and City Attorney to develop an appropriate model to determine water rates in the future. (3) Memorandum from Council Member Cortese, dated May 2, 2003, recommending Council: (a) Deny the request of the City Manager to proceed with a rate study of San José Municipal Water System at this point; (b) Direct the City Attorney to prepare an ordinance by May 27, 2003, for City Council approval prior to the approval of the 2003-04 budget limiting revenue transfers between the MWS and the General Fund, and regulating rate of return and the stabilization of water rates; as attached thereto; (c) Direct the City manager to retain an independent outside auditor to do an operational and financial audit of the MWS, establishing a list of performance measures for MWS to be presented to the City Manager and City Council every three years, including the auditor’s assessment of actual performance of MWS and compliance with all municipal policies and laws. (4) Memorandum from Council Member Yeager, dated May 6, 2003, recommending amending the memorandum presented by Council Member Cortese and item #2 in his memorandum that the City Council would instead: Direct the City Attorney to prepare an ordinance by May 27, 2003, for City Council approval, and as part of the 2003-04 budget process, adopt a progressive reduction in the rate of return (ROR) transfer from the Municipal Water System and the General Fund.
Discussion/Action: Council Member Cortese stated the idea that rate payers would have much higher rates if San José Water took over water rights is incorrect as a categorical statement. He stated the purpose of his proposal is to allow the City to continue to bring funds from water services into the General Fund at a rate of reasonable return, but also to continue keeping water rates lower than a private water company would charge. He stated his proposal would correct the problem of constant rate increases and would force the City to use Muni Water revenues first to fund reserves and pay for cost of operation and the City would take up to 5% of the remaining funds as point of return. He commented there is nothing written into the proposal preventing the City to borrow from the water fund in cases of budget emergencies in order to place those funds within the General
Fund. He asked the City Attorney to work on drafting an ordinance setting up the transfer of funds as a new form of accounting methodology and to return to Council on May 27, 2003 with the ordinance. Council Member Yeager expressed his concerns regarding the amount of money currently going to the General Fund from water services and stated his own memorandum would halt any changes to the amount of money going into the General Fund from Muni Water for this year and in 2004-2005 the City would have an 11% cap on the total transfer of charges to Muni Water plus the in-lieu fees including the overhead costs. In 2005-2006, the City would have an 8% cap on Muni Water transfer charges plus in-lieu fees, the 8% cap would then be an ongoing cap for the following years.
Vice Mayor Dando stated a memorandum was drafted up by Mayor Gonzales, Council Member Campos, and herself recommending a goal for Muni Water dictating the average water rates should remain lower than the average water rates paid by other residential water consumers in San José, and to direct the City Auditor to perform management audits of Muni Water to include both management efficiencies as well as a review of overhead charges, and to have this project return to Council within one year rather than 90 days with a project status report. She asked Staff to provide information regarding the original RFP for this project and if changing the water rates would cause further problems within that RFP and asked for a status update on discussions with Great Oaks Water Company regarding the City’s expansion of San José Muni Water into the Coyote Valley. City Manager Del D. Borgsdorf stated a report and review of the proposal from Great Oaks Water Company was received and was submitted to the City Attorney’s office. City Attorney Richard Doyle stated the report and proposal from Great Oaks Water Company would be brought back to Council within the next 30 days. Council Member LeZotte stated she does not support the idea of any possibility of releasing Muni Water. City Attorney Doyle stated the issue of releasing Muni Water was not an issue and would not be part of the recommendation. City Manager Borgsdorf stated the recommended 8% increase would expressly be to recover the costs of the product and would be based on the rates of the Santa Clara Water District.
Council Member Gregory asked Staff what was the rate of return the City of San José would be receiving from Muni Water and how was the recommended 20% water rate calculated. City Manager Borgsdorf stated the rate of return for 2001-2002 budget was 12.65%, the 2003 budget was 12.43%, and the proposed budget is 11.55%. and the 20% water rate proposed was calculated by using four specific figures, one the rate of return, the second the overhead rate to the General Fund which includes the departmental overhead and in-lieu fees, and when calculated the total was 17.95%. Vice Mayor Dando asked if Council’s recommendations go forward and a water rate is agreed upon allowing the independent rate study to be completed within a year, would that mean water consumers could expect to see their water rates raised or lowered. Council Member Cortese stated he would not include in his recommendation the issue of increased amount of water rates, he reminded Council that his recommendation would include no changes to water rates for the 2003-2004 year and an 8% locked in cap for future years. Council Member Reed stated he would not support the recommendation and felt any changes would cause damage to the existing competition policy and lower the confidence levels towards management’s proposals.
Linda Dittis spoke on the issue. Council Member Cortese asked that the timeframe of the management audit be determined by the Rules Committee. Upon motion by Council Member Cortese, seconded by Council Member Campos, the motion was carried with approval of the following changes to Staff’s recommendation: Direction to the City Auditor to do an independent rate study within 90 days and report back to Council, findings and recommendations related to rates and an appropriate Rate of Return (ROR) for the General Fund, Direction to the City Attorney to prepare an ordinance by May 27, 2003, for City Council approval, and as part of the 2003-2004 budget process, to adopt a progressive reduction in the rate of return (ROR) transfer from the Municipal Water System (MWS) and the General Fund, and regulating rate of return and the stabilization of water rates, as further described in Attachment A of the memorandum submitted by Council Member Cortese, dated May 2, 2003, except it will not be implemented until the 2003-2004 budget cycle and would cover a span of three years and progressively be reduced as follows: No change to current charges and transfers to the General Fund.11% cap on the total transfers and charges to the MWS, including in-lieu fees. 2005-2006, 8% cap on the total transfers and charges to the MWS, including in-lieu fees, Direction to the City Auditor to perform a management audit of MWS to include both management efficiencies and a review of overhead charges to the system to ensure the MWS is running in the most cost-effective method possible, For Staff to set a goal for the San José Municipal Water System (MWS) that its average residential water rates remain below the average of rates paid by other residential water consumers in San José. Vote: 10-1-0-0. Noes: Reed.
7.4 Approval of the following agreements with San José Water Company:
(a) Approval of a ten-year system-wide repairs agreement with San José Water Company, in a total amount not to exceed $250,000 per year with a guaranteed cost savings of at least 10% (percent) over the existing FY 2002-03 contract, and contingent upon the annual appropriation of funds. CEQA: Exempt, PP85-8-183 and PP91-07-173.
(b) Approval of a ten-year agreement for technical consulting services with San José Water Company from June 1, 2003 through May 31, 2013, in a total amount not to exceed $50,000 per year and contingent upon the annual appropriation of funds. CEQA: Not a Project. Council Districts 2, 4, 7, and 8.
(Environmental Services)
(Rules Committee referral 4/30/03)
Documents Filed: None.
Discussion/Action: This item was deferred to May 20, 2003.
7.5 Report on bids and award of contract for the construction project entitled, "San José/Santa Clara Water Pollution Control Plant (Plant), FY 2002/2003 Capital Improvement Program; East Primary Tanks Effluent Channel Repair Project," to the low bidder, Anderson Pacific Engineering Construction, Inc., in the amount of $613,600; and approval of a contingency in the amount of $92,000, for a total not to exceed amount of $705,600. CEQA: Exempt, PP01-03-052. (Environmental Services) (Deferred from 4/29/03 – Item 7.2)
Documents Filed: (1) Memorandum from Environmental Services Director Carl W. Mosher, dated April 3, 2003, recommending award of said contract, with related contingency, to the low bidder, Anderson Pacific Engineering Construction, Inc. (2) Supplemental memorandum from Environmental Services Director Carl W. Mosher, dated May 1, 2003, providing additional information concerning the proposed project as requested by the Treatment Plant Advisory Committee at its meeting of April 10, 2003. (3) Correspondence from the Treatment Plant Advisory Committee dated April 10, 2003, stating concurrence with the Staff recommendation.
Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Cortese, the motion carried unanimously. Vote: 11-0-0-0.
AVIATION SERVICES
JOINT COUNCIL/REDEVELOPMENT AGENCY
The
Redevelopment Agency Board convened at 3:44 P.M to consider Items 10.1 and 10.2
in a Joint Session.
10.1 (a) Adoption of a resolution by the City Council reporting to the County Auditor that the Redevelopment Agency intends to fund the Educational Revenue Augmentation Fund payment in the amount of $5,219,335; and,
(b) Approval of a loan agreement from the
City's Sewer Service and Use Charge Capital Improvement Fund to the
Agency in the amount of $5,219,335 for the purpose of paying the State-mandated
Educational Revenue Augmentation Fund.
(City Manager's Office/Redevelopment Agency)
(Rules Committee referral 4/30/03)
Documents Filed: Memorandum from City Manager Del Borgsdorf and Redevelopment Agency Executive Director Susan F. Shick, dated May 6, 2003, recommending (a) adoption of said resolution reporting to the County Auditor that the Redevelopment Agency intends to fund the Educational Revenue Augmentation Fund payment in the amount of $5,219,335; and (b) approval of said loan agreement from the City's Sewer Service and Use Charge Capital Improvement Fund to the Agency for the purpose of paying the State-mandated Educational Revenue Augmentation Fund.
Discussion/Action: William Garbett spoke on the issue. Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and carried unanimously, Resolution No.
71547, entitled: “A Resolution of the Council of the City of San José Reporting to the Auditor of the County of Santa Clara That the Redevelopment Agency of the City of San José Intends to Fund the Educational Revenue Augmentation Fund Payment in the Amount of $5,219,335 as Required by California Health and Safety Code Section 33681”, was adopted. Vote: 11-0-0-0.
10.2 Approval of a cooperation agreement specifying the terms and conditions of the loan and employment of an Agency Senior Project Manager to the City as a temporary employee. (City Manager's Office/Redevelopment Agency)
(Rules Committee referral 4/30/03)
Documents Filed: Memorandum from City Manager Del Borgsdorf and Redevelopment Agency Executive Director Susan F. Shick, dated May 1, 2003, recommending approval of said cooperation agreement specifying the terms and conditions of the loan and employment of an Agency Senior Project Manager to the City as a temporary employee.
Discussion/Action: William Garbett spoke on the issue. Upon motion by Vice Mayor Dando, seconded by Council Member Williams, the motion carried unanimously. Vote: 11-0-0-0.
The Redevelopment Agency Board portion of the
meeting was adjourned at 3:46 P.M.
Closed Session Report
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.
RECESS/RECONVENE
The City Council recessed at 2:03 p.m. and reconvened at 3.46 p.m. Council Chambers, City Hall.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Chirco, Gregory, LeZotte, Reed, Williams; Gonzales.
Absent: Council Members - None.
The
City Clerk, Patricia L. O’Hearn, read the requests for continuances of
applications and other actions as recommended. Upon motion by Vice Mayor Dando,
seconded by Council Member Chavez, and unanimously carried, the below noted
continuances were granted. Vote: 11-0-0-0.
CEREMONIAL ITEMS
1.5 Presentation of commendations to The California Quake Wheelchair Rugby Team for taking Third Place in the most prestigious National Wheelchair Rugby Tournament in the country. (LeZotte)
Documents Filed: None.
Discussion/Action: Mayor Gonzales was joined at the podium by Council Member LeZotte to present commendations to the California Quake Wheelchair Rugby Team for winning Third Place in the National Wheelchair Rugby Tournament held in Phoenix, Arizona, Assistant Coach Adam Elix, Team Manager Deanna Cho, and team members of the California Quake Wheelchair Rugby Team accepted the commendations.
1.6 Presentation of a commendation to Antioch Baptist Church and Dr. J. Alfred Smith Jr., in recognition of his recent appointment and installation as the Senior Pastor of this historic church. (Chavez, Gregory)
(Rules Committee referral 4/30/03)
Documents Filed: None.
Discussion/Action: Mayor Gonzales joined by Council Members Chavez and Gregory presented a commendation to Dr. J. Alfred Smith, Jr. of the Antioch Baptist Church in recognition of his appointment as Senior Pastor of the historical landmark. Dr. J. Alfred Smith, Jr. thanked the Mayor and Council for the honor of the commendation.
1.7 Presentation of a proclamation declaring May 2003, “Stroke Awareness Month.” (Dando)
(Rules Committee referral 4/30/03)
Documents Filed: None.
Discussion/Action: Mayor Gonzales and Vice Mayor Dando presented a proclamation declaring May 2003 as Stroke Awareness Month.
1.9 Presentation of a commendation to Eden Housing Inc. for receiving the 2002 Platinum Award for Best Smart Growth Community in the National Best in American Living Award Competition. (Dando)
(Orders of the Day)
Documents Filed: None.
Discussion/Action: Vice Mayor Dando joined Mayor Gonzales in presenting a commendation
to Eden Housing, Inc. for receiving the 2002 Platinum Award for Best Smart
Growth Community, Linda Makalini accepted the commendation and thanked the
Mayor and Council for their continued support and community encouragement.
PUBLIC HEARINGS
(Heard by the City Council at 7:07 p.m.)
11.1 PUBLIC HEARING and adoption of a resolution authorizing the reorganization of territory designated as Franklin No. 49, which involves the annexation to the City of San José of 3.8 gross acres of land, located at the southeast corner of Monterey Road and Fehren Drive, and the detachment of the same from the appropriate special districts including Santa Clara County Lighting Service Area, Central Fire Protection District, and County Service Area–1 (County Library Service Area). CEQA: Exempt, Franklin No. 49. Council District 7. (Planning, Building and Code Enforcement)
Documents Filed: None.
Discussion/Action: This item was deferred to May 20, 2003.
11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Winchester Boulevard and Neal Avenue (890 S. Winchester Blvd.), from CN Neighborhood Commercial District to A(PD) Planned Development Zoning District, to allow single-family attached residential uses (21 townhomes) on a 1.1 gross acre site. (Delta I LLC, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 02-071- District 6
(Continued from 1/21/03 – Item 11.2 et al., and 4/15/03 – Item 11.1)
Documents Filed: None.
Discussion/Action: This item was continued to May 20, 2003.
11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING located at/on the west side of South 11th Street, approximately 140 feet north of Margaret Street (671 S. 11th Street), from R-M Multiple Residence District to A(PD) Planned Development Zoning District, to allow the demolition of an existing single-family residence and construction of three townhomes on a 0.14 gross acre site. (Raymond Ruiz, Owner/Developer). CEQA: Exempt.
PDC 00-115 - District 3
(Continued from 3/18/03 – Item 11.9 and 4/15/03 – Item 11.2)
Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated February 26, 2003 transmitting the report of the Staff of Department of Planning, Building and Code Enforcement on Project File No. PDC 00-115, dated February 19, 2002, recommending denial of the Planned Development Rezoning. (2) Proof of Publication of public hearing notice, dated February 14, 2003, submitted by the City Clerk.
Discussion/Action: This item was dropped.
11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Madden Avenue and South Jackson Avenue, from R-1-8 Residential Zoning District and R-M Residential Zoning District to A(PD) Planned Development Zoning District, to allow up to 70 single-family attached residential units on a 0.94 gross acre site. (Falk Construction, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 02-078 - District 5 (Continued from 4/15/03 – Item 11.5)
Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 24, 2003 transmitting the Planning Commission recommendation for approval of the proposed rezoning. (2) Proof of Publication of public hearing notice, dated March 5, 2003 and the report of the Staff of the Department of Planning, Building and Code Enforcement on Project File No. PDC 02-078, dated April 17, 2003, submitted by the City Clerk.
Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Reed, and carried unanimously, Ordinance No. 26889, entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southeast Corner of Madden Avenue and South Jackson Avenue”, was passed for publication. Vote: 11-0-0-0.
11.5 PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve a Conditional Use Permit for a project located on the northeast corner of West San Carlos Street and Meridian Avenue on a 1.08 gross acre site in the CG General Commercial Zoning District, to allow twenty-four hour operation of a retail store and drive-through pharmacy and associated modifications to the site (Walgreens). (Alfred and Madelyn Benzo, Owner/Developer). CEQA: Exempt.
CPA 95-037-01 - District 6
Documents Filed: None.
Discussion/Action: This item was continued to May 20, 2003.
11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the easterly side of Monterey Highway, approximately 950 feet northerly of Blossom Hill Road (5350 Monterey Rd.), from LI Light Industrial District to A(PD) Planned Development Zoning District, to allow up to 15 affordable multi-family attached, residential units on a 0.45 gross acre site. (Ebrhim Kaabipour, Owners; Eden Housing, Inc., Christine Benguiat, Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 03-002 - District 2
Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 24, 2003 transmitting the Planning Commission recommendation for approval of the subject Planned Development Rezoning. (2) Proof of Publication of public hearing notice, dated April 20, 2003 and the report of the Staff of the Department of Planning, Building and Code Enforcement on Project File No PDC 03-002, dated April 17, 2003, submitted by the City Clerk.
Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Chavez, and carried unanimously, Ordinance No. 26890, entitled: “An Ordinance of the city of San José Rezoning Certain Real Property Situated on the Easterly Side of Monterey Highway, Approximately 950 Feet Northerly of Blossom Hill Road (5350 Monterey Highway)” was passed for publication. Vote: 11-0-0-0.
PUBLIC SAFETY SERVICES
9.1 (a) Presentation of the 2002 Independent Police Auditor’s Annual Report to City Council. (Independent Police Auditor)
(b) Response to the recommendations contained in the 2002 Independent Police Auditor’s Annual Report. (Police)
Documents Filed: (1) Letter from Independent Police Auditor Teresa Guerrero-Daley, dated April 30, 2003, transmitting said report. (2) Memorandum from Chief of Police William M. Lansdowne, dated April 16, 2002, transmitting the report in response to the recommendations contained in the 2002 Independent Police Auditor’s Annual Report. (3) Hard copies of the overhead slides used in the presentation by the Independent Police Auditor.
Discussion/Action: Independent Police Auditor, Teresa Guerrero presented an overview of the Independent Police Auditor’s 2002 Annual Report that entailed the 2002 mid-year report. In response to the Independent Police Auditor’s presentation, Chief of Police, William M. Lansdowne stated within a span of 10 years of being on the Police force he has seen a transformation of the City’s Police Department and of the community of San José and he felt it was due to the work and efforts of the San José Police Department which pays credit for their success to the Council of the City of San José and to Mayor Gonzales for their consistent support. Mayor Gonzales thanked Chief Landsdowne and Independent Police Auditor Guerrero for their outstanding work and stated the system of utilizing an Independent Police Auditor was installed by past Council actions and has turned out to be quite a success within the City and the system itself is a part of the overall solution of maintaining a successful Police department.
Vice Mayor Dando stated her support and need for the system of utilizing an Independent Police Auditor and cities throughout the United States have found the City’s system to be successful, in turn requesting further information as to how they could integrate the same program into their cities. Council Member Chavez asked for Staff to clarify the difference between the Early Warning System and the Disciplinary System used by the Police Department. Chief Landsdowne stated the Early Warning System was a non-disciplinary process that brings forth Police officers to help identify any issues or mistakes they have been experiencing and includes treatments of those issues by counseling, but the Disciplinary System investigates Police misconduct and among the 44 reported 9 chose to resign their positions than continue throughout the process. Council Member Chavez asked if Staff felt uncomfortable mixing the two systems. Chief Landsdowne stated the two systems were distinct and not to be mixed, although all information regarding any lawsuits are compiled together for data. Council Member Chavez asked the Independent Police Auditor as to why she disagreed with how the Police department handled these systems. Independent Police Auditor Guerrero stated the amount of formal complaints regarding Police officers, including the documentation and actual tracking of the officers have reduced each year and allowing the idea that most of the cases may have been handled informally and the officers themselves have not been formally tracked, and 50% of the complaints were labeled as inquiries, not warranting further investigation which leaves the product as a very small number. She stated more factors should be available to allow a larger picture of the situation, such as Civil complaints which could add to the number of resolved lawsuits against Police officers.
Council Member Yeager asked Staff if other factors apply to the results in the report pertaining to the training of Police recruits. Independent Police Auditor Guerrero stated the complaints compiled in producing the report allowed an opportunity to evaluate and study the existing system, she found the number of complaints were reduced and less resistance was found and much less of a polarization in how Police officers communicate with the public and also found Police officers to have a more relaxed attitude within their job positions, thus the community and residents of San José have been more hospitable and courteous to Police officers. Chief Landsdowne stated in regard to Police recruitment training, the department utilizes continuous and ongoing training procedures and implements a promotional process to ensure officers meet department standards and are rewarded for their commitments, in addition the City meets with 72 community groups in San José to clarify to the residents that the San José Police department and officers are committed to serve the community and continue treating residents with ongoing respect and understanding. The 2002 Independent Police Auditor’s report was accepted.
Open Forum
(1) Helen Garza spoke on issues related to Stroke Awareness Month