Memo 2.1d, Nov. 18, 2003

MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, AUGUST 12, 2003

The Council of the City of San Jose convened in Regular Session at 9:30 a.m. in Council Chambers at City Hall.

Present: Council Members: Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.

Absent: Council Members: None.

Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:34 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 City of San José v. Realtec Properties, Villarruel v. Sumner, et al, Conley v. City of San José, People of the State of California, et al. v. Duong Family Investment, LLC; California Waste Solutions, Inc., 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 number of matters to be discussed: One.

By unanimous consent, Council reconvened from Closed Session and recessed at 10:40 a.m. and reconvened at 1:34 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 7)

Dr. Tony Williams, Sr., Founder and Senior Pastor of Maranatha Christian Center delivered the invocation.

Pledge of Allegiance

Mayor Gonzales led the Pledge of Allegiance.

Orders of the Day

Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.

CEREMONIAL ITEMS

Item 1.1 and 1.3 were heard together:

1.1 Presentation of a commendation for the volunteers of the Nor Cal Hershey State. (Dando)

1.3 Presentation of a commendation to Judith M. Baxter for receipt of the Jack W. Rose Memorial Award for outstanding work on the Northern California Hershey State Track Meet. (Parks, Recreation and Neighborhood Services)

Documents Filed: None.

Discussion/Action: Mayor Gonzales was joined at the podium by Vice Mayor Dando, and Director of Parks, Recreation and Neighborhood Services Sara Hensley to present Judith M. Baxter with a commendation for her hard work and dedication to the Nor Cal Hershey State Track Meet. Her efforts have encouraged young athletes to pursue higher education and scholarship opportunities for their athletic achievements. Judith M. Baxter thanked the Mayor and Staff for the commendation and their efforts in helping to support the program. Vice Mayor Dando joined Mayor Gonzales in presenting commendations to the volunteers of the Nor Cal Hershey State Track Meet for their participation and efforts in keeping the program a continued success.

1.2 Presentation of plaques to Mike Ellzey for 6 years service on the Downtown Parking Board; to Melissa Shih for 3 years service on the Youth Commission; to Surendra Amin for 3 years 6 months service on the Advisory Commission on Rents; to Sunil Baliga for 4 years service on the Arts Commission; to Stephen Belkin for 3 years service on the Arts Commission; and to Edna Sewill for 4 years service on the Library Commission. (Mayor)

Documents Filed: None.

Discussion/Action: Mayor Gonzales presented plaques to Melissa Shih, Surendra Amin, Sunil Baliga, and Edna Sewill for their years of service and dedication to City Commissions. Plaques will be sent to Mike Ellzey and Stephen Belkin, who were unable to be present.

1.4 Presentation of a commendation to the Fil-Am Veterans Rondalla for contributions to the community. (Reed)

(Rules in Lieu referral 8/6/03)

Documents Filed: None.

Discussion/Action: Council Member Reed joined Mayor Gonzales at the podium to present members of the Fil-Am Veterans Rondolla with a commendation for their contributions to maintain cultural enrichment within their communities. Members thanked the Mayor and Council for the commendation and thanked the military veterans of the community for their continued support.

CONSENT CALENDAR

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

2.1 Approval of City Council Minutes for:

(a) Regular meeting of November 19, 2002

(b) Regular meeting of November 26, 2002

(d) General Plan meeting of December 3, 2002

(e) Joint Council/Redevelopment Agency Board/Santa Clara County Board of Supervisors meeting of December 9, 2002

(f) Regular meeting of December 10, 2002

(g) Joint Council/Redevelopment Agency Board meeting of December 10, 2002

Documents Filed: (1) The Regular meeting minutes of November 19, 2002. (2) The Regular meeting minutes of November 26, 2002. (3) The Regular meeting minutes of December 3, 2002. (4) The General Plan meeting minutes of December 3, 2002. (5) The Joint Council/Redevelopment Agency Board/Santa Clara County Board of Supervisors meeting minutes of December 9, 2002. (6) The Regular meeting minutes of December 10, 2002. (7) The Joint City Council/Redevelopment Agency Board meeting minutes of December 10, 2002.

Discussion/Action: The minutes were approved. Vote: 11-0-0-0.

2.2 Final adoption of ordinances:

(a) ORD. NO. 26937 – Amends Section 25.16.030 of Chapter 25.16 of Title 25 of the San José Municipal Code to authorize towing of vehicles parked in violation of airport parking prohibitions or parked at any portion of the airport parking facilities which is restricted or otherwise prohibited pursuant to applicable federal law or regulations.

Documents Filed: Proof of publication of title of Ordinance No. 26937 executed on July 29, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26937 was adopted. Vote: 11-0-0-0.

(b) ORD. NO. 26942 – Adds a new Section 23.02.1220 to Chapter 23.02 of Title 23 of the San José Municipal Code and amends Sections 23.04.010, 23.04.020, and 23.04.030 of Part 1 of Chapter 23.04 of Title 23 to establish signage regulations for the Capitol Expressway Auto Mall Signage Area.

Documents Filed: Proof of publication of title of Ordinance No. 26942 executed on July 29, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26942 was adopted. Vote: 11-0-0-0.

2.3 Report on bids and take appropriate action based on the evaluation of bids for the Alum Rock Park Entrance Project. CEQA: Exempt, PP02-08-213. Council Districts 4 and 5. (Public Works)

(Deferred from 6/24/03 – Item 2.42)

Documents Filed: None.

Discussion/Action: This item was deferred to August 26, 2003.

2.4 Approval to reject all bids for the Evergreen Community Center Expansion Project, and authorization for the Director of Public Works to re-advertise and re-bid the project. CEQA: Exempt, PP 02-05-103. Council District 8. (Public Works)

(Deferred from 6/24/03 – Item 2.45)

Documents Filed: (1) Supplemental memorandum from Director of Public Works Katy Allen, dated July 23, 2003, providing additional information after bids were opened. (2) Memorandum from Director of Public Works Katy Allen, dated June 2, 2003, recommending the report on bids and to take appropriate action based on the evaluation of bids for the Evergreen Community Center Expansion Project.

Discussion/Action: The rejection of all bids for the Evergreen Community Center Expansion Project and the authorization of the Director of Public Works to re-advertise and re-bid the project were authorized. Vote: 11-0-0-0.

2.5 (a) Acceptance of the finding reports from Kafoury, Armstrong, & Company, LLP, for the quarter ending December 30, 2002, relating to the Bay 101 Conditional Approval of Stock Transfer.

(b) Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through June 15, 2003.

(City Auditor)

Documents Filed: (1) Memorandum from City Auditor Gerald Silva, dated June 24, 2003, submitting the finding reports from Kafoury, Armstrong and Company, LLP relating to the Bay 101 Conditional Approval of Stock Transfer. (2) Report of Activities and Findings through June 15, 2003 from the Office of the City Auditor.

Discussion/Action: Council Member Campos directed Staff to provide Council with a timeline pertaining to the completion of an audit related to school crossing guards. The Reports from the Office of the City Auditor were accepted. Vote: 11-0-0-0.

2.6 Adoption of a resolution setting population figures to calculate the Voluntary Expenditure Limits for the 2004 Municipal Election Cycle. (City Clerk)

Documents Filed: Memorandum from City Clerk Patricia L. O’Hearn, dated August 12, 2003, recommending the adoption of said resolution.

Discussion/Action: Resolution No. 71697, entitled: “A Resolution of the Council of the City of San José Setting Population Limits for Purposes of Calculating the Voluntary Expenditure Limits for the 2004 Municipal Election Cycle”, was adopted. Vote: 11-0-0-0.

2.7 Adoption of a resolution authorizing the City Manager to augment approved FY 2003-2004 Operating Grants, Project & Program Grants, and Festival, Parade and Celebration Grants with proportional increases from the Arts Venture Fund, in a total amount not to exceed $234,412. CEQA: Not a project. (Conventions, Arts and Entertainment)

Documents Filed: Memorandum from Acting Director of Conventions, Arts & Entertainment Jim McBride, dated July 23, 2003, recommending the adoption of said resolution.

Discussion/Action: Resolution No. 71698, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Augment Approved Fiscal Year 2003-2004 Operating Grants, Project & Program Grants, and Festival Parade and Celebration Grants with Proportional Increases From the Arts Venture Fund, in a Total Amount Not to Exceed $234,412”, was adopted. Vote: 11-0-0-0.

2.8 Adoption of a resolution: (1) declaring thirteen (13) parcels of City-owned property located in Council Districts 3, 4, 5, 6, 9, and 10, respectively, surplus to the needs of the City; and (2) setting the time and date for the opening of sealed bids and a verbal auction of the thirteen properties on October 20, 2003 at 7:00 p.m. Council Districts 3, 4, 5, 6, 9, and 10. CEQA: Exempt, PP00-02-023. (General Services)

Documents Filed: None.

Discussion/Action: This item was deferred to August 19, 2003.

2.9 Approval of an agreement in the amount of $611,733, with Stephanie J. Mattos, Surviving Trustee of the David W. Mattos Living Trust created July 19, 2002, and John R. Mattos, II and Inez M. Mattos, Trustees of the John R. Mattos, II and Inez M. Mattos Revocable Living Trust Agreement dated April 10, 2002, for the purchase of a portion of property located at 1495 Stone Creek Drive together with the purchase of two temporary construction easements on adjacent portions and authorization for the Director of Public Works to execute the necessary documents to complete the transaction. CEQA: Negative Declaration, PP87-05-128. Council District 4. (Public Works)

Documents Filed: (1) Supplemental memorandum from Director of Public Works Katy Allen, dated August 8, 2003, stating the property owners accepted the previous offer made by the City by executing a purchase agreement and delivering it to the City staff on August 8, 2003 and Staff requested the approval of the purchase agreement instead of adopting a resolution of public use and necessity authorizing the City Attorney to initiate condemnation proceedings to acquire the subject land. (2) Memorandum from Director of Public Works Katy Allen, dated July 23, 2003, recommending the adoption of a resolution determining that public use and necessity require the acquisition of (a) fee title to a portion of the property located at 1495 Stone Creek Drive, owned by Stephanie J. Mattos, Trustee, and John R. Mattos II and Inez M. Mattos, Trustees; (b) a twelve-month temporary construction easement on a portion of the adjoining property; and (c) a one-month temporary construction easement to a different portion of adjoining property. (II) finding that; the property is to be taken, and is necessary for the completion of Hostetter Road as an arterial street, the proposed project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; City staff established an amount of compensation not less than its approved appraisal of the fair market value and made an offer to the owners full appraised amount; and the proposed taking and use are authorized by law; (III) directing the City Attorney to file an eminent domain action to acquire these property interests.

Discussion/Action: The said agreement with Stephanie J. Mattos, Surviving Trustee of the David W. Mattos Living Trust created July 19, 2002, and John R. Mattos, II and Inez M. Mattos, Trustees of the John R. Mattos, II and Inez M. Mattos Revocable Living Trust Agreement dated April 10, 2002, for said purchase was approved. Vote: 11-0-0-0.

2.10 (a) Report on bids and award of bid for the Gleason Avenue Mini Park Project to the second lowest bidder, Beacon Construction, Inc., in the amount of $106,243, and approval of a contingency in the amount of $5,000.

(b) Adoption of the following appropriation ordinance and funding source resolution amendments in the Council District 1 Construction and Conveyance Tax Fund:

(1) Increase the appropriation to the Parks, Recreation and Neighborhood Services Department for the Gleason Avenue Streetscape Project by $87,000.

(2) Increase the Beginning Fund Balance estimate by $87,000.

CEQA: Exempt, PP02-06-143. Council District 1. SNI: Blackford. (Public Works/City Manager's Office)

Documents Filed: Memorandum from Director of Public Works Katy Allen and Budget Director Larry D. Lisenbee, dated July 23, 2003, recommending the approval of said award to the second lowest bidder, Beacon Construction, Inc. with related contingency and the adoption of said appropriation ordinance and funding source resolution.

Discussion/Action: The report on bids were accepted and the said award of bid to the second lowest bidder, Beacon Construction, Inc. with related contingency was approved and Ordinance No. 26951, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26916 to Appropriate Moneys in the Council District 1 Construction and Conveyance Tax Fund for the Gleason Avenue Streetscape; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 71699, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71608 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2003-2004 to Adjust Revenues in the Council District 1 Construction and Conveyance Tax Fund”, were adopted. Vote: 11-0-0-0.

2.11 Report on bids and award of contract for the Glenview Park Play Lot Renovation Project to the low bidder, Lone Star Landscape, Inc., in the amount of $116,000, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP03-05-170. Council District 10. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated July 23, 2003, recommending the award of said contract to the low bidder, Lone Star Landscape, Inc. with approval of related contingency.

Discussion/Action: The award of said contract with low bidder, Lone Star Landscape, Inc. with related contingency was approved. Vote: 11-0-0-0.

2.12 Report on bids and award of contract for the Willow Glen & Rose Garden Area Sanitary Sewer Rehabilitation Project to the low bidder, Gelco Services, Inc., in the amount of $323,260, and approval of a contingency in the amount of $32,000. CEQA: Exempt, PP03-04-118. Council District 6. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated July 23, 2003, recommending the award of said contract with the low bidder, Gelco Services, Inc. with approval of related contingency.

Discussion/Action: The award of said contract to the low bidder, Gelco Services, Inc. with related contingency was approved. Vote: 11-0-0-0.

2.13 Approval of Contract Change Order No. 17 with Dennis J. Amoroso Construction for the Animal Care Center - Building and Site Improvements Revised in the amount of $235,000 for a total contract amount of $10,609,560. CEQA: Negative Declaration, H01-01-003. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated July 23, 2003, recommending approval of Contract Change Order No. 17 with Dennis J. Amoroso Construction for the Animal Care Center.

Discussion/Action: Council Member Williams asked Staff if the amount projected to complete the project was enough for it to be completed by November. Director of Public Works Katy Allen stated November 7, 2003 was slated for the completion date, but due to the contractor’s delay, the project was behind 10 to 20 days and the amount requested was enough for the needed changes to the contract for kennels and steel cabinetry. Council Member Williams asked if Staff was still on course to complete the project. Director Allen stated the project was 75% complete. Council Member Gregory asked if there were any penalty fees to the contractor, if they were unable to meet the contracted schedule. Director Allen stated the City does have penalty fees of $6000 of liquidated damages per day on failure to bring the project back to schedule, although 40 days were added to the contract due to rainy days the construction sites couldn’t work, as for liquidated damages, the contractors would be put on notice that they are 10 to 20 days behind schedule and penalty fees will be accrued. Council Member Gregory directed Staff to keep Council informed regarding the development status of the Animal Care

Center. Upon motion by Council Member Williams, seconded by Council Member Cortese, and unanimously carried, the approval of contract change order No. 17 with Dennis J. Amoroso Construction for the Animal Care Center was approved with direction for Staff to keep Council informed of the development status of the Animal Care Center. Vote: 11-0-0-0.

2.14 Approval of an agreement with San Jose Water Company for relocation of existing water facilities for the Norman Y. Mineta San José International Airport - Cargo Ramp Security and Taxiway Improvements Project for a total amount not to exceed $321,090. CEQA: Resolution Nos. 67380 and 71451, PP 03-04-136. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated July 23, 2003, recommending approval of said agreement with San José Water Company.

Discussion/Action: The said agreement with San José Water Company was approved. Vote: 11-0-0-0.

2.15 Approval of a 90-day extension of a $250,000 promissory note due to the City of San José from Mr. Jay Marcus, through November 10, 2003. (Redevelopment Agency)

Documents Filed: Memorandum from the Executive Director of Redevelopment Agency Susan F. Shick, dated July 30, 2003, recommending the extension of the said Promissory Note.

Discussion/Action: The recommendation of extension of the said Promissory Note was approved. Vote: 11-0-0-0.

2.16 Adoption of a resolution authorizing the City Manager to negotiate and execute a Distribution Service and Extension Agreement with Pacific Gas and Electric for utility coordination for the Guadalupe River Bridge at Almaden Lake Project, for a total agreement amount of $218,018. CEQA: Mitigated Negative Declaration, PP03-04-110. Council District 10. (Public Works)

(Orders of the Day)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated August 7, 2003, recommending approval of said resolution.

Discussion/Action: Resolution No. 71700, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Distribution Service and Extension Agreement with Pacific Gas and Electric for Utility Coordination for the Guadalupe River Bridge at Almaden Lake Project in an Amount Not to Exceed $218,018”, was adopted. Vote: 11-0-0-0.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules in Lieu Committee – July 30, 2003

Vice Mayor Dando, Chair

Documents Filed: The Rules in-lieu Committee Report of July 30, 2003.

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

(b) City Council

(1) Review August 12, 2003 Draft Agenda

Action was taken to recommend approval of the August 12, 2003 City Council agenda.

(2) Add New Items to August 12, 2003 Agenda

Action was taken to recommend the following additions to the August 12, 2003 City Council agenda:

(a) Presentation of plaques to Mike Ellzey for 6 years service on the Downtown Parking Board; to Melissa Shih for 3 years service on the Youth Commission; to Surendra Amin for 3 years, 6 months service on the Advisory Commission on Rents; to Sunil Baliga for 4 years service on the Arts Commission; to Stephen Belkin for 3 years service on the Arts Comission; and to Edna Sewill for 4 years on the Library Commission. (Mayor)

(b) Presentation of a commendation for the volunteers of the Nor Cal Hershey State. (Dando)

(3) Staff Reports Outstanding

There were none.

(1) State

There was no report.

(2) Federal

There was no report.

(d) Meeting Schedules

There were none.

(e) The Public Record

There was no Public Record.

(f) Boards, Commissions and Committees

There were none.

(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 11:15 A.M.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Rules In-Lieu Committee Report and actions of July 30, 2003 were accepted. Vote: 11-0-0-0.

3.4 Interview applicants to the Campaign Finance Review and Ethics Board for two four-year terms ending March 1, 2007. (City Clerk)

(Continued from 5/27/03 – Item 3.4)

Documents Filed: None.

Discussion/Action: This item was deferred to August 19, 2003, to be heard last in the afternoon.

3.5 Adoption of a resolution establishing the FY 2003-04 property tax levy for all taxable property for general obligation bonded indebtedness. CEQA: Not a project. (Finance)

Documents Filed: Memorandum from Finance Director Scott Johnson, dated July 29, 2003, recommending the adoption of said resolution.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Reed, and unanimously carried, Resolution No. 71701, entitled: “A Resolution of the Council of the City of San José Establishing the Fiscal Year 2003-2004 Property Tax Levy for the City’s General Obligation Bond Indebtness”, was adopted. Vote: 11-0-0-0.

3.6 PUBLIC HEARING and adoption of a resolution establishing the Fiscal Year 2003-2004 Annual Sanitary Sewer Service and Use Charge and Storm Sewer Service charges report filed with the City Clerk’s Office to hear any protest thereon, and approve the placement, with modifications Council may make, of Sanitary Sewer and Use charges and Storm Sewer Service charges on the 2003/2004 tax roll. CEQA: Not a project. (Finance)

Documents Filed: (1) Memorandum from Finance Director Scott Johnson, dated July 23, 2003, recommending the Public Hearing be held and adoption of said resolution. (2) Proof of publication of Notice of Public Hearing, executed on July 18 and 25, 2003, submitted by the City Clerk.

Discussion/Action: Vice Mayor Dando stated in order to be consistent with her previous votes on the matter, she would not be supporting the motion. Upon motion by Council Member Williams, seconded by Council Member Cortese, and unanimously carried, the Fiscal Year 2003-2004 Annual Sanitary Sewer Service and Use Charge and Storm Sewer Service Charge Reports were accepted and Resolution No. 71702, entitled: “A Resolution of the Council of the City of San José Approving the Annual Report for Fiscal Year 2003-2004 of the Director of Finance on Sewer Service and Use Charges and Storm Sewer Service Charge and Approving the Placement of Charges as Set Forth Therein on the 2003-2004 Tax Roll”, was adopted. Vote: 10-1-0-0. Noes: Dando.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Report of the Driving a Strong Economy Committee – June 23, 2003

Council Member Williams, Chair

Documents Filed: The Driving a Strong Economy Committee report of June 23, 2003.

(a) Policy Review of the Secondary Units Programs

The Committee unanimously accepted staff’s request for deferral.

(b) Review and Discussion of Housing Production in San José. Attachment: Memorandum from Director of Housing, Leslye Corsiglia and Director of Planning, Building & Code Enforcement Stephen Haase, dated June 6, 2003, providing information pertaining to the review and discussion of housing production in San José.

The Committee unanimously accepted the staff report.

The Committee unanimously accepted staff’s request for deferral.

(d) Habitat Conservation Plan. Attachment: Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated June 13, 2003, recommending the acceptance of the status report on the Habitat Conservation Plan (HCP/Natural Community Conservation Plan (NCCP).

The Committee unanimously accepted the staff report.

(e) Oral petitions

Phyllis Ward on Secondary Units and Housing Production.

(f) Adjournment

The meeting was adjourned at 3:35 P.M.

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Cortese, the Driving and Strong Economy Committee Report and actions of June 23, 2003 were accepted. Vote: 11-0-0-0.

4.3 Review and discussion of the prioritization process of Trails. (Parks, Recreation and Neighborhood Services)

[Building Strong Neighborhoods Committee referral 6/16/03 – Item 4.1(d)]

(Deferred from 6/24/03 – Item 4.9)

Documents Filed: None.

Discussion/Action: This item was deferred to August 26, 2003.

4.4 PUBLIC HEARING and adoption of a resolution conditionally vacating a portion of Mill Street west of Hope Street, reserving a public service easement and an ingress and egress easement over the vacated area on the condition that the County of Santa Clara accepts a quitclaim deed for the easement for ingress and egress and maintenance thereof. CEQA: Exempt, PP03-02-044. Council District 4. (Public Works)

Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated July 23, 2003, recommending the Public Hearing and the adoption of said resolution. (2) Proof of publication of title of Resolution No. 71619 executed on July 18 and 25, 2003, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member LeZotte, and unanimously carried, the Public Hearing was held and Resolution No. 71703, entitled: “A Resolution of the Council of the City of San José Conditionally Vacating a Portion of Mill Street West of Hope Street”, was adopted. Vote: 11-0-0-0.

ENVIRONMENTAL & UTILITY SERVICES

7.1 PUBLIC HEARING on the Commercial Solid Waste and Recyclables Collection Franchise application of Recycling and Waste Services, Inc., and approval of an ordinance granting the franchise, and approval of a Commercial Solid Waste and Recyclables Collection Franchise agreement with Recycling and Waste Services, Inc. CEQA: Not a project. (Environmental Services)

(Council referral 6/24/03 – Item 7.1)

Documents Filed: (1) Memorandum from Director of Environmental Services, Carl Mosher, dated July 28, 2003, recommending approval of said ordinance. (2) Proof of publication of Notice of Public Hearing, executed on July 25, 2003, submitted by the City Clerk.

Discussion/Action: Council Member Williams directed Staff to report back to Council with a progress update on the project. Upon motion by Vice Mayor Dando, seconded by Council Member Cortese, and unanimously carried, the Public Hearing was held and Ordinance No. 26952, entitled: “An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Recycling and Waste Services, Inc.”, was passed for publication. Vote: 11-0-0-0.

7.2 PUBLIC HEARING on the Commercial Solid Waste and Recyclables Collection Franchise application of Sonrise Consolidated, Inc., approval of an ordinance granting the franchise, and approval of Commercial Solid Waste and Recyclables Collection Franchise agreement with Sonrise Consolidated, Inc. (Environmental Services)

Documents Filed: Memorandum from Director of Environmental Services Carl Mosher, dated July 23, 2003, recommending approval of said ordinance.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Public Hearing was held and Ordinance No. 26953, entitled: “An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Sonrise Consolidated Inc.” was passed for publication. Vote: 11-0-0-0.

7.3 Adoption of a resolution authorizing the Director of Environmental Services to:

(a) Include industrial and dual plumb uses of recycled water (including cooling towers) in the previously authorized South Bay Water Recycling (SBWR) mid size group bid retrofit program, so long as the amount of each retrofit does not exceed $2,000 per acre-foot of estimated annual water usage, and a total of $200,000 per site; and,

(b) Negotiate and execute agreements with property owners to allow the retrofit construction to be done at City and Tributary Agency expense, provided that the property owner(s) agrees to assume full responsibility for operation and maintenance of improvements once constructed, and to continue to use recycled water for a period of at least five (5) years.

CEQA: Resolution No. 64667, PP03-05-150. (Environmental Services)

Documents Filed: None.

Discussion/Action: This item was deferred to August 19, 2003.

Notice of City Engineer’s Pending Decision on Final Maps

In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:

Tract	Location	Council District	Developer	Lots/ Units	Type	Proposed Decision
9166	US 101 (E/S) 1000’ N/of Hellyer Ave	8	William Lyon Homes Inc.	53 lots/44 units	SFA	Approve
9167	US 101 (E/S) 1000’ N/of Hellyer Ave	8	William Lyon Homes Inc	81 lots/74 units	SFD	Approve
9168	US 101 (E/S) 1000’ N/of Hellyer Ave	8	William Lyon Homes Inc	58 lots/50 units	SFD	Approve

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 receipt of the following Final Maps for review:

Tract	Location	Council District	Developer	Lots/Units	Type
9495	E/S Northrup Ave. 200’ n/o Paula Street	6	Blackwell Brothers Development Co.	14 units	Multi-Family
9520	S/E corner Jackson St & N. Eighth St.	3	Pulte Home Corp.	6 units	Multi-Family

Adjournment

The Council of the City of San José adjourned at 2:14 P.M., to reconvene on Wednesday, August 13, 2003 for a Special Meeting at 9:30 a.m. for an Informational Public Art Walking Tour beginning at the site of “Five Skaters” located in Arena Green across from the HP Pavilion on Autumn Street near Santa Clara.

The Council of City of San José adjourned in memory of Glenna M. Brambill, a former administrative assistant to the Redevelopment Agency Executive Director; and in memory of Jacob Erber Steinberg, a well-liked college student, and talented musician and writer.

RON GONZALES, MAYOR

ATTEST:

NANCY ALFORD, ASSISTANT CITY CLERK