SAN JOSE,
CALIFORNIA TUESDAY,
SEPTEMBER 2, 2003
The Council of the City of San Jose convened in Regular Session at 9:34 a.m. in Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases City of San José v. State of California 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 a 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 10:42 a.m. and reconvened at 1:36 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Willliams, Yeager; Gonzales.
Absent: Council Members: None.
Invocation (District 8)
Pastor Linda Boston of the
Grace Lutheran Church 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, the Orders of the Day and the Amended Agenda were approved.
CEREMONIAL ITEMS
1.1 Presentation of a commendation to Scott Hjeltness for his assistance to police in locating a fugitive in the Berryessa area. (Reed)
Documents Filed: None.
Discussion/Action: Mayor Gonzales was
joined by Council Member Reed at the podium to present a commendation to Scott
Hjeltness for assisting the Police in locating a fugitive in the Berryessa
area.
CONSENT CALENDAR
2.1 Approval of City Council Minutes for:
(a) Regular meeting of March 4, 2003
(b) Regular meeting of March 11, 2003
(c) Regular meeting of March 18, 2003
Documents Filed: (1) Regular meeting
minutes of March 4, 2003. (2) Regular meeting minutes of March 11, 2003. (3)
Regular meeting minutes of March 18, 2003.
Discussion/Action: The minutes of March 4, 2003, March 11, 2003, and March 18, 2003 were approved. Vote: 11-0-0-0.
2.2 Final adoption of ordinances:
(a) ORD. NO. 26955 – Prezones certain real property situated on the east side of North Bascom Avenue, approximately 160 feet southerly of Forest Avenue to CP Pedestrian Commercial Zoning District. C 03-051
Documents Filed: Proof of publication of
title of Ordinance No. 26955 executed on August 26, 2003, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26955 was
adopted. Vote: 11-0-0-0.
(b) ORD. NO. 26956 – Rezones certain real property situated on the northwest corner of Meridian Avenue and West San Carlos Street to CP Commercial Pedestrian Zoning District. C 03-052
Documents Filed: Proof of publication of
title of Ordinance No. 26956 executed on August 26, 2003, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26956 was
adopted. Vote: 11-0-0-0.
(c) ORD. NO. 26958 – Rezones certain real property situated on the west side of Coleman Avenue, between Newhall Street and Brokaw Road, to A(PD) Planned Development Zoning District. PDC 98-104
Documents Filed: Proof of publication of
title of Ordinance No. 26958 executed on August 26, 2003, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26958 was
adopted. Vote: 11-0-0-0.
(d) ORD. NO. 26959 – Rezones certain real property situated on the northwest corner of North First Street and Gish Road to A(PD) Planned Development Zoning District. PDC 01-103
Documents Filed: Proof of publication of
title of Ordinance No. 26959 executed on August 26, 2003, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26959 was
adopted. Vote: 11-0-0-0.
(e) ORD. NO. 26960 – Prezones certain real property situated on the southeastern corner of Garden Avenue and Southside Drive to R-1-8 Residence District. C 02-108
Documents Filed: Proof of publication of
title of Ordinance No. 26960 executed on August 26, 2003, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26960 was
adopted. Vote: 11-0-0-0.
2.3 Adoption of an ordinance amending the annual appropriation ordinance for Fiscal Year 2003-2004 in the General Fund to:
(a) Establish an appropriation in City-wide Expenses to the Fire Department in the amount of $1,000,000 for Computer-Aided Dispatch System Replacement: and
(b) Decrease the Reserve for Computer Aided Dispatch (CAD) System Replacement by the amount of $1,000,000.
CEQA: Not a Project. (Fire/City Manager’s Office)
Documents Filed: Memorandum
from Acting Fire Chief Dale Foster and Budget Director Larry D. Lisenbee, dated
August 13, 2003, recommending approval of said ordinance.
Discussion/Action: Ordinance No. 26966,
entitled: “An Ordinance of the City of San José Amending Ordinance No. 26916 to
Appropriate Moneys in the General Fund for the Fire/Police Computer Aided
Dispatch (CAD) System; and Providing That This Ordinance Shall Become Effective
Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.
2.4 Adoption of the following amendments to the annual appropriation ordinance and funding sources resolution in the General Fund for Fiscal Year 2003-2004 as follows:
(a) Establish an appropriation in the City-wide Expenses to the Police Department for the Fiscal Year 2003-2004 Alcohol Beverage Control Grant in the amount of $73,850; and
(b) Increase the Earned Revenue Estimate from the State of California by $73,850.
CEQA: Not a Project. (Police/City Manager’s Office)
Documents Filed: Memorandum from Acting
Chief of Police Thomas R. Wheatley and Budget Director Larry D. Lisenbee, dated
August 13, 2003, recommending the adoption of said amendments.
Discussion/Action: Ordinance No. 26967,
entitled: “An Ordinance of the City of San José Amending Ordinance No. 26916 to
Appropriate Moneys in the General Fund for the Alcohol Beverage Control Grant;
and Providing That This Ordinance Shall Become Effective Immediately Upon
Adoption” and Resolution No. 71728, entitled: “A Resolution of the Council of
the City of San José Amending Resolution No. 71608 Setting Forth the Estimated Source of Funds for the Fiscal
Year 2003-2004 to Adjust Revenues in the General Fund”, were adopted. Vote:
11-0-0-0.
2.5 Adoption of a resolution of intention to vacate a portion of a Public Service Easement (PSE) along the right-of-way of a private street (formerly Technology Drive) between Skyport Drive and Sonora Avenue, and setting a public hearing on September 30, 2003 at 1:30 pm. CEQA: Resolution No. 69421. Council District 3. (Public Works)
Documents Filed: Memorandum from Director
of Public Works Katy Allen, dated August 13, 2003, recommending the adoption of
said resolution.
Discussion/Action: Resolution No. 71729,
entitled: “A Resolution of the Council of the City of San José Setting a Public
Hearing to Consider Whether to Vacate a Portion of a Public Service Easement on
the Vacated Technology Drive”, was adopted. Vote: 11-0-0-0.
2.6 Acceptance of the Office of the City Auditor’s Report on Sales and Business Tax Audit Results for the Quarter Ended June 30, 2003. (City Auditor)
(Rules Committee referral 8/27/03)
Documents Filed: Sales and Business Tax
Audit Results from the Office of the City Auditor for the Quarter Ended June
30, 2003.
Discussion/Action: The Office of the City
Auditor Report was accepted. Vote: 11-0-0-0.
2.7 Approval of appointments to the City of San José Housing Trust Fund Board. (Mayor)
(Rules Committee referral 8/27/03)
Documents Filed: None.
Discussion/Action: This item was continued
to September 9, 2003.
END OF CONSENT CALENDAR
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – Meeting of August 20, 2003
Vice Mayor Dando, Chair
Documents Filed: The Report of the Rules
Committee for August 20, 2003.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
(b) City Council
(1)
Review September 2,
2003 Draft Agenda
The Committee directed the City Attorney to return to Rules Committee
with suggestions for a Council policy governing Council interviews for
board/commission vacancies. The Committee recommended approval of the September
2, 2003 City Council agenda with one addition.
(2)
Add New Items to
August 26, 2003 Amended Agenda
The Committee recommended five additions to the August 26, 2003 City
Council agenda.
·
Mayor and Council
Member Requests
·
City Manager Requests
·
City Attorney Requests
·
City Clerk Requests
(3)
List of Reports
Outstanding. Attachment: Report from the City Manager’s Office, dated August
19, 2003, listing three staff reports outstanding for the August 26, 2003
Council agenda.
The
Committee noted and filed the City Manager’s report listing three staff reports
outstanding for the August 26, 2003 Council agenda.
(c) Legislative Update
(1) State
(a) Acceptance of the August 13 State
Legislative Bill Matrix. Attachment: Memorandum from Director of
Intergovernmental Relations Betsy Shotwell, dated August 14, 2003, recommending
acceptance of the August 13th State Legislative Bill Matrix.
The
Committee recommended acceptance of the August 13 State Legislative Bill
Matrix.
(2) Federal – There was no report.
(d) Meeting Schedules.
The
Committee recommended approval to change the September 28, 2003 Study Session
to a Special Council Meeting to consider “Approval of recommendations related
to policy changes and initiatives related to business development and outcomes
from the ‘Getting Families Back to Work’ ” study sessions.
(e) The Public Record – There was no Public
Record filed.
(f) Appointments to Boards, Commissions and
Committees – There were none.
(g) Rules
Committee Reviews, Recommendations and Approvals. Attachment: Memoranda from
Vice Mayor Dando, dated August 13, 2003, requesting use of Council General
funds; and from City Clerk Patricia L. O’Hearn, dated August 14, 2003,
summarizing the use of Council General Travel Budget to date.
(1) Request
from Vice Mayor Dando to use Council General funds to attend the League of
California Cities Annual Conference and Board of Directors Meeting in
Sacramento, CA, September 7-10,2003
The
Committee approved the use of Council General funds by Vice Mayor Dando to
attend the League of California Cities’ Annual Conference and Board of
Directors Meeting in Sacramento, California, September 7-10, 2003.
(h) Oral communications – None were
presented.
(i) Adjournment
The meeting adjourned at
2:30 P.M.
Report of the Rules Committee – Meeting of August 27, 2003 (Partial)
Vice Mayor Dando, Chair
Documents Filed: The Report of the Rules
Committee of August 27, 2003.
(c) Legislative Update
(1) State. Attachment: Memorandum from
Director of Intergovernmental Relations Betsy Shotwell, dated August 20, 2003,
recommending designation of Vice Mayor Dando as the voting delegate at the
League of California Cities Annual Business Meeting.
(a) 2003 League of California Cities Voting
Delegate at the Annual Business Meeting
The
Committee recommended designation of Vice Mayor Pat Dando as the voting
delegate at the September 10, 2003 Annual Business Meeting of the League of
California Cities.
(b) 2003 League of Cities Resolutions.
Attachments: (1) Memorandum from Director of Intergovernmental Relations Betsy
Shotwell, dated August 21, 2003, recommending approval of City position for two
resolutions to be considered at the Annual League of California Cities Conference.
(2) Supplemental memorandum from Director of Intergovernmental Relations Betsy
Shotwell, dated August 29, 2003, recommending disapproval of the City’s
position for said resolutions.
The
Committee recommended the following City positions for two resolutions to be
considered at the Annual League of California Cities Conference to be held in
Sacramento, September 7-10, 2003:
(1)
Resolution amending bylaws of the League of
California Cities – No Position.
(2)
Resolution relating to proposed Federal legislation to
expand wilderness and wild and scenic river designations – Disapprove.
Discussion/Action: The Rules Committee
Report and actions of August 20 and August 27, 2003 were accepted. Vote:
11-0-0-0.
3.5 (a) Approval of the 2003-2004 General Fund Rebalancing Plan recommended in the memorandum and detailed in Attachments A and B of the report.
(b) Consistent with prior direction, unfreeze 26 of the 28 General Fund capital projects previously placed on hold pending resolution of the State budget as detailed in Attachment C, and approve the elimination of two of the frozen General Fund capital projects as part of the above-described rebalancing strategy.
(c) Direct staff to return with appropriation ordinance and funding sources resolution amendments and amendments to applicable fee resolutions necessary to implement the above actions.
(City Manager’s Office)
(Rules Committee referral 8/13/03)
Documents Filed: (1)
Memorandum from Mayor Gonzales, dated August 29, 2003, recommending: approval
of the 2003-2004 General Fund Rebalancing Plan submitted by the City Manager,
unfreezing of said General Fund capital projects and direction to staff,
deferral of Council action pertaining to the Redevelopment Agency budget
rebalancing proposal to the September 9, 2003 Public Hearing and direction to
the City Manager to present a brief review of resource availability from the Parking
Fund to implement policy items within the Parking Management Plan in the
adopted Redevelopment Agency budget; and approval of the Council Appointees
budget recommendations as presented in the previous transmittal memorandum
submitted to the City Council on August 15, 2003 with the following changes; to
deny the City Clerk’s recommendation to cut a full-time filled position of
Office Specialist II and to approve the reduction one full-time Legislative
Secretary to half-time; and approval of a reduction of $81,327 for the Mayor
and Council office budgets, consistent with the 1.5% additional reduction
proposed for non-Public Safety departments. (2) Memorandum from City Clerk
Patricia L. O’Hearn, dated September 2, 2003, recommending Council’s
reconsideration and approval of the City Clerk’s initial rebalance proposal,
i.e., to delete the Office Specialist II position as noted in the Mayor’s Memorandum
dated August 15, 2003, heard at the August 26, 2003 Council Meeting and not
reduce a Legislative Secretary’s position due to the impact on the conduct of
business in the City Clerk’s office.
Discussion/Action: Mayor Gonzales requested the proposed Redevelopment Agency item 5.1 be deferred to September 9, 2003 with the vote to be taken on September 16, 2003. Council Member Yeager expressed concern regarding the unfreezing of 26 of the 28 General Fund Capital Projects. He stated the City’s budget shortfall is $50 Million and the unfreezing of the 26 items would be unfreezing $9.3 Million and not knowing how the shortfall will affect jobs within the City, he felt it would be wise to continue freezing the projects until the budget is more detailed. City Manager Del D. Borgsdorf stated the purpose of unfreezing said projects is due to the rebalancing of the budget while waiting for more information from Sacramento and commented that the City is looking at $54 Million dollar shortfall for the next year and the advantage of moving forward with the items is the projects are fairly small and almost 2/3 of them have a limited budget. Mayor Gonzales stated he agreed with the City Manager’s comments and commented on the tremendous savings the City is experiencing due to getting bids out early, thus keeping people working. Council Member LeZotte stated her concern in spending $10 Million now and next year ending up with the possibility of people losing their jobs, and that she is uncomfortable spending this amount without knowing the State’s financial situation.
Vice Mayor Dando asked Staff for more information regarding the traveling maintenance crews and if the parks will be maintained every 7 to 10 days. Director of General Services Jose Obregon stated the strategy is to plan the park maintenance on an equal basis upon the total park inventory and once the items are prioritized, the safety and health services will be the first ones listed. Vice Mayor Dando moved approval of Mayor Gonzales’ memorandum, dated August 29, 2003, with said recommendation. Council Member Chavez seconded the motion. Council Member Reed asked Staff for a status update on the general budget update. Budget Director Larry D. Lisenbee stated there had not been any significant changes except the property taxes for the City projects are better than what was originally projected. Council Member Reed commented he feels the capital projects should be held off until the mid-year January budget report is completed. Council Member Chavez asked Staff as to what process will the budget go through prior to returning to Council and for Staff to clarify the bargaining unit process. City Manager Del D. Borgsdorf stated the budget process is handled within his office and is considered the highest priority and ensured Council the communication with the bargaining units would be handled through organized representatives. Council Member Chavez stated she would like Staff to ensure the community and workforce are included within the budgetary process as much as possible.
Council Member Chirco asked Staff to clarify the Office Specialist II position versus the Legislative Secretary position as mentioned in the Mayor’s memorandum. Mayor Gonzales stated the priorities needed to remain at the front counter of the City Clerk’s Office and stated Council’s concern pertaining to the impacts to Boards and Commission if the Office Specialist II position were eliminated. Budget and Policy Director Joe Guerra stated a half-time legislative secretary would be sufficient to provide the minutes. Mayor Gonzales requested Vice Mayor Dando include in her motion the direction for Staff to return to Council with a re-classification of the recommended half-time legislative secretary position. On a call for the question, the recommendation in the form of Mayor Gonzales’ memorandum, dated August 29, 2003, was approved with exception to those items subject to meet and confer and to be considered at the conclusion of the meet and confer process. Vote: 8-3-0-0. Noes: LeZotte, Reed, Yeager.
3.6 Report on Request for Proposal and adoption of a resolution authorizing the Director of General Services to:
(a) Negotiate and execute a one-year agreement with two, one-year options with Kinko's, Inc. to operate a copying and printing facility in the City Hall Area for a one-year term from the date of execution, with total first year compensation not to exceed $2,000,000; and
(2) Execute each of the options to renew without further City Council action other than the appropriation of necessary funding.
CEQA: Exempt, PP03-07-246. (General Services)
Documents Filed: (1) Supplemental
memorandum from Director of General Services Jose Obregon, dated August 28,
2003, providing additional information in response to questions and comments
regarding the reprographic services at City Hall. (2) Memorandum from Director
of General Services Jose Obregon, dated August 13, 2003, recommending the
adoption of said resolution.
Discussion/Action: Council Member Chavez asked Staff as to how the list of interested parties was initially developed. Director of General Services Jose Obregon stated the process involved two different outreach elements, posting on the bidline where anyone who has access could respond, in addition, the buyers maintain their own list as well and as a result, there were 15 interested vendors. Council Member Chirco asked if the $2 Million covered the Kinko’s equipment and if the need exceeds what is expected, would it be at an additional cost. Director Obregon stated they do not anticipate spending above the $2 Million.
Vice Mayor Dando requested Staff to provide information pertaining to whether Kinko’s would be utilizing local franchises as opposed to national franchises and the impacts it would have on the local community. Council Member Cortese asked Staff to provide a breakdown of printing services and costs and whether the manager’s competition policy was applied to the contract and the outcome. Council Member LeZotte asked Staff to provide information regarding how each of the contractor’s rated in compliance with the EPP program. Mayor Gonzales directed Staff to provide information on the final contractors who placed a bid for the contract and how they rated in comparison to Kinko’s, Inc. Council Member Williams requested Staff provide Council with an informational memorandum pertaining to a project status update.
On motion by Vice Mayor Dando, seconded by Council Member Chavez, Resolution No. 71730, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Agreement with Kinko’s, Inc. to Operate a Copying and Printing Facility in the City Hall Area”, was adopted with direction for Staff to provide information pertaining to whether Kinko’s will be utilizing local franchises as opposed to national and the impacts this will have on the local business community, to provide a breakdown of printing services and costs and to provide information stating if the Manager’s competition policy was applied to the contract, to provide compliance ratings in accordance with the EPP program for each of the bidding contractors, to provide an overview of the bidding contractors and how they were rated in comparison to Kinko’s, and for Staff to provide Council with an informational memorandum pertaining to status update of the project. Vote: 11-0-0-0.
3.7 Adoption of the Statement of Policy and City Council Questions related to the selection of a new Police Chief as described in the memo, in compliance with City Charter Section 411.1. (City Manager’s Office)
(Rules Committee referral 8/27/03)
Approved.
Documents Filed: (1)
Memorandum from Assistant to the City Manager Deanna J. Santana, dated
September 2, 2003, replacing the previous Statement of Policy with the
corrected version. (2) Memorandum from City Manager Del D. Borgsdorf, dated
August 27, 2003, recommending the adoption of the Statement of Policy and City
Council Questions related to the selection of a new Police Chief as described
therein in compliance with City Charter Section 411.1.
Discussion/Action: Council Member LeZotte requested Staff to include the word “play” in the departmental mission, to read as follows, “creates safe places to live, play, work and learn”. Council Member Cortese asked Staff to add the following questions, “Would you plan to increase minority recruitment and if so, please describe your plan for doing so”. Council Member Williams asked Staff to include the following question, “What is your opinion on an Independent Police Auditor?”. Council Member Chavez asked Staff to include in their questions the following, “How do you continue to improve and maintain the morale of your workforce?”. Council Member Chirco asked Staf to include the following question, “What would you bring to the table in regards to building trust and continuing to build trust within the City’s communities?”. Council Member Gregory requested Staff to include issues of policing strategies including the applicant’s opinions of community policing and to include a question regarding the applicant’s openness to community involvement and activism. No Council action was required.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.3 Discussion and direction to the Administration and the City Attorney’s Office regarding possible revision to the City’s current prohibition of the combined uses of gasoline service stations and the retail sale of food, grocery items, and alcoholic beverages contained at Section 20.80.550 of Title 20 of the San José Municipal Code. (City Attorney’s Office)
(Deferred from 6/17/03 – Item 4.9 and 8/26/03 – Item 4.3)
Documents Filed: None.
Discussion/Action: This item was continued
to September 16, 2003.
TRANSPORTATION SERVICES
6.2 Acceptance of the report on the Street Smarts public education campaign as it pertains to community awareness, campaign performance measures, and to the allocation of funding for this year’s campaign. CEQA: Not a Project. (Transportation)
Documents Filed: Memorandum from Director
of Transportation James R. Helmer and Acting Chief of Police Thomas R.
Wheatley, dated August 6, 2003, recommending the acceptance of the Street
Smarts public education campaign report.
Discussion/Action: Brian Chapman spoke on the
issue. Director of Transportation Jim Helmer presented an overview of the Street
Smarts public education campaign. Council Member Gregory asked Staff if the 219
responses received in their survey could be considered statistically relevant.
Director Helmer stated the amount of respondents presented would rate at a 95%
confidence level. Mayor Gonzales stressed his concern pertaining to the amount
of respondents to the survey and whether that number could accurately be used
to represent the average citizens of San José. Council Member Gregory asked if
there was any other way to get further information for the survey. Director
Helmer stated the questions used for this survey would be used again in the
City survey given every two years. Council Member Campos directed Staff to
provide Council with a listing of schools involved with the Street Smarts
program. Council Member Reed stated the success of the program in having
reduced the number of crashes and deaths on San José streets and this type of
program has has meaningful value to the City. Council Member Cortese suggested
that since further work and changes are anticipated for this program that Staff
consider bringing their status updates back to the Building Better
Transportation committee for any further evaluation. Upon motion by Vice Mayor
Dando, seconded by Council Member Chavez, and carried unanimously, the Street
Smarts public education campaign report was accepted with direction for Staff
to provide Council with a listing of schools involved with the Street Smarts
program. Vote: 11-0-0-0.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Authorization for the submittal of the 2002-2003 Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board in conformance with the City’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (NPDES) permit requirements, pursuant to the federal Clean Water Act. CEQA: Resolution No. 65459, PP03-08-260. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services Carl Mosher, dated August 15, 2003, transmitting the City of San José Urban Runoff Management Plan Annual Report of 2002-2003 from the Santa Clara Valley Urban Runoff Pollution Prevention Program.
Discussion/Action: William Garbett spoke on the issue. Council Member LeZotte requested
Staff to clarify if planned modification to Tier 2 of the Storm Drain System
Operation and Maintenance program is a substantial or fiscal modification and
and to provide a status update as to how the Pest Management program plans to
handle pest management activities in City parks. Council Member Williams
requested Staff to provide Council with a report pertaining to storm drain
cleaning of City development sites. Upon motion by Vice Mayor Dando, seconded
by Council Member Cortese, and unanimously carried, the authorization for the
submittal of the 2002-2003 Urban Runoff Management Plan Annual Report and said
certification was approved with direction for Staff to clarify if planned
modification to Tier 2 of the Storm Drain System Operation and Maintenance
program is a substantial or fiscal modification and to provide a status update
as to how the Pest Management program plans to handle pest management
activities in City parks, and to provide Council with a report pertaining to
storm drain cleaning of City development sites. Vote: 10-0-1-0. Absent: Chavez.
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 et al., and 8/19/03 – Item 3.5)
Documents Filed: Memorandum from City
Clerk Patricia L. O’Hearn, dated August 22, 2003, recommending the interview of
the following applicants to the Campaign Finance Review and Ethics Board for
appointments to two four-year terms ending March 1, 2007: Charles R. Blackmore,
Raymond Gordon Lockley, Tom Mertens (Incumbent), Jesus Valencia, Jr., and
Vernon M. Williams.
Discussion/Action: Council interviewed Charles Blackmore and Tom Mertens. The remaining applicants to be interviewed on September 9, 2003. No Council action was required.
PUBLIC SAFETY SERVICES
9.1 Report on bids and award of contract for the Fire Station No. 13 Upgrade Project to the low bidder, D & K Painting Company, Inc., for the base bid and Add Alternate No. 1 in the amount of $803,876, and approval of a contingency in an amount of $120,581. CEQA: Exempt, PP02-12-390. Council District 9. (Public Works/Fire)
Documents Filed: (1) Supplemental memorandum from Director of Public Works Katy Allen and Acting Fire Chief Dale Foster, dated August 26, 2003, providing additional information after the bids were opened. (2) Memorandum from Director of Public Works Katy Allen and Acting Fire Chief Dale Foster, dated August 13, 2003, recommending the appropriate actions be taken based on the evaluation of bids for the Fire Station No. 13 Upgrade Project and the approval of a 15 percent contingency.
Discussion/Action:
Upon motion by Council Member Chirco, seconded by Council Member Williams, and
unanimously carried, the report on bids and the award of contract to the low
bidder, D & K Painting Company, Inc were approved with said contingency.
Vote: 10-0-1-0. Absent: Chavez.
Closed Session Report
Notice of City Engineer’s Pending Decision on Final Maps
|
Tract |
Location |
Council District |
Developer |
Lots/ Units |
Type |
Proposed Decision |
|
9378 |
Southwest corner of North First Street and East Julian Avenue |
3 |
Park Townsend LLC |
98 units |
SFA |
Approve |
In accordance with Sec.
19.16.140d of the San Jose Municipal Code, this is notice of the City
Engineer's receipt of the following Final Maps for review:
None.
Open Forum
Jeff
Dennison spoke on neighborhood safety issues.
RECESS/RECONVENE
The City Council recessed at 3:52 p.m. and reconvened at 7.03 p.m. Council Chambers, City Hall.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
City Clerk Patricia L. O’Hearn,
read the requests for continuances of applications and other actions as
recommended. Upon motion by Council Member Chavez, seconded by Vice Mayor
Dando, and unanimously carried, the below noted continuances were granted.
Vote: 11-0-0-0.
CEREMONIAL ITEMS
1.2 Presentation of a commendation to The Northern California Offices of AAA for donating their time and resources in assisting the City of San José’s “Street Smart” Program. (Dando, Yeager)
(Rules Committee referral 8/27/03)
Documents Filed: None.
Discussion/Action: Vice Mayor Dando and
Council Member Yeager joined Mayor Gonzales to present a commendation to the
Northern California Offices of AAA for donating their time and resources to the
City of San José’s “Street Smart” Program. Regional Director of AAA Randy
Watkins accepted the commendation and thanked the Mayor, Council and the City of
San José for their continuous support and the honor of the commendation.
PUBLIC HEARINGS
11.1 PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve, with standard and special conditions, a Conditional Use Permit to allow an addition to an existing public utility facility (San José Water Company) located on the northwest corner of San Tomas Expressway and Williams Road in the R-1-8 Residence Zoning District on a 17 acre site. The proposed addition consists of two settling ponds and three storage bins for temporary storage of excavated soil, asphalt, concrete, and base rock. (San José Water Company, Owner/Developer). CEQA: Exempt, CP03-009. Director of Planning, Building and Code Enforcement recommends upholding the decision of the Planning Commission to approve.
CP 03-009 - District 1
(Continued from 6/17/03 – Item 11.3 and 8/19/03 – Item 11.3)
Documents Filed: None.
Discussion/Action: This item was continued to September 30, 2003.
11.2 PUBLIC HEARING ON STREET RENAMING of a segment of San Fernando Street (located between Bush Street and Laurel Grove Lane) to Laurel Grove Lane. (Cahill South LLC, Developer). SNI: Burbank/Del Monte. CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (5-0-2).
ST 03-007 - District 6
Documents Filed: Memorandum
from Director of Planning, Building & Code Enforcement Stephen
Haase, dated August 14, 2003, recommending approval of the renaming of said
street renaming.
Discussion/Action: Mayor Gonzales opened the public hearing. There were no speakers and the public hearing was closed. Upon motion by Council Member Yeager, seconded by Council Member Chavez, and unanimously carried, Resolution No. 71731, entitled: “A Resolution of the City Council of the City of San José Renaming a Segment of San Fernando Street, Located Between Bush Street and Laurel Grove Lane, to Laurel Grove Lane”, was adopted. Vote: 11-0-0-0.
11.3 PUBLIC
HEARING ON APPEAL OF AN ENVIRONMENTAL
IMPACT REPORT of the Planning Commission's decision to certify the
Environmental Impact Report for the Civic
Plaza Parking Garage consisting of a three-bay parking structure, containing
1,250 parking spaces on a 1.22-acre site, located between North Fourth and
North Fifth Streets approximately 225 feet north of East Santa Clara
Street. The proposed parking structure
will be a total of nine stories, with two stories below grade and seven stories
above grade, for an above-ground building height of approximately 70 feet. The main access to the proposed parking
structure would be from North Fourth Street, with secondary access located on
North Fifth Street. Planning Commission certified the Environmental Impact
Report (5-0-2). CEQA: Resolution to be adopted. Director
of Planning, Building and Code Enforcement recommends upholding the Planning
Commission certification of the EIR. PP03-03-088 - District 3
Documents Filed: (1)
Memorandum from Director of Planning, Building & Code Enforcement
Stephen Haase, dated August 25, 2003, recommending the certification of the
Environmental Impact Report for the Civic Plaza Parking Garage. (2) Letter
correspondence from Preservation Action Council of San José, dated September 2,
2003, regarding the Civic Plaza Garage EIR Appeal.
Discussion/Action: Mayor Gonzales opened
the public hearing. Tom Simon spoke on the issue. The public hearing was
closed. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and
unanimously carried, Resolution No. 71732, entitled: “A Resolution of the City
Council of the City of San José Finding a Final Environmental Impact Report for
a Project Described in Application No. PP03-03-88 Has Been Completed in
Compliance With the California Environmental Quality Act”, was adopted. Vote:
11-0-0-0.
11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southside of Trade Zone Boulevard, approximately 840 feet westerly of North Capitol Avenue (2440 Trade Zone Boulevard), from IP Industrial Park District to A(PD) Planned Development Zoning District, to allow up to 18 single-family detached residences on a 1.84 gross acre site. (Moghaddam Reza aka Ray Mogadam, Owner). CEQA: Mitigated Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend denial (5-0-2).
PDC 03-025 - District 4
(Continued from 8/19/03 – Item 11.12)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Member Reed, dated August 20, 2003, recommending the approval of the rezoning of the property at 2440 Trade Zone Blvd. as proposed by the applicant in PDC 03-025. (2) Memorandum from Secretary of the Planning Commission Stephen Haase, dated August 21, 2003, recommending the denial of the Planned Development Rezoning. (3) Department of Planning, Building, and Code Enforcement Staff Report on Project File Number C03-025, dated July 31, 2003, recommending denial of the subject rezoning. (4) Proofs of publication of Notice of Public Hearing, executed on July 8, 2003 and August 10, 2003, submitted by the City Clerk. (5) Letter correspondence from Sean E. Morley of Morley Bros. LLC, dated August 27, 2003, proposing item 11.4 at 2440 Trade Zone Blvd. Planned Development Rezoning (PDC 03-025).
Discussion/Action: Mayor Gonzales opened the public hearing. There were no speakers and the public hearing was closed. Council Member Reed moved approval of his memorandum, dated August 20, 2003 and stated although the development site is a difficult one, the project would allow for development of much needed housing. Council Member Campos seconded the motion. Council Member LeZotte stated she would not be supporting the motion due to her belief the project site is not a safe property to place housing property on, considering the danger of the overhead power lines within the area.
On a call for the motion, Mayor Gonzales and Council Member Reed’s memorandum, dated August 20, 2003 was approved, and Ordinance No. 26968, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the South Side of Trade Zone Boulevard, Approximately 840 Feet Westerly of North Capitol Avenue (2440 Trade Zone Boulevard) to A(PD) Planned Development Zoning District”, was passed for publication. Vote: 10-1-0-0. Noes: LeZotte.
11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Flickinger Avenue, approximately 600 feet southerly of Hostetter Road, from A Agriculture Zoning District to A(PD) Planned Development Zoning District, to allow up to 84 single-family detached residences on a 9.17 gross acre site. (Berryessa Union School District, Geraldine Harge, Owner; Pulte Homes, Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (5-0-2).
PDC 03-038 - District 4
Documents Filed: (1) Memorandum from
Secretary of the Planning Commission Stephen Haase, dated August 14, 2003,
recommending approval of the Planned Development Rezoning. (2) Department of
Planning, Building, and Code Enforcement Staff Report on Project File Number
C03-038, dated August 7, 2003, recommending approval of the subject rezoning.
(3) Proof of publication of Notice of Public Hearing, executed on July 30,
2003, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing. Eric Schoennauer spoke on the issue. The public hearing was closed. Upon motion by Council Member Reed, seconded by Council Member Williams, and unanimously carried, Ordinance No. 26969, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the East Side of Flickinger Avenue Approximately 600 Feet Southerly of Hostetter Road to (A) PD Planned Zoning Development District”, was passed for publication. Vote: 11-0-0-0.
11.6 PUBLIC HEARING ON REZONING of the property located at the west side of South 1st Street, approximately 60 feet southeasterly of Union Street (745 S. 1st Street, Unit 6), from LI Light Industrial Zoning District to CN Commercial, to allow commercial uses on a 0.16 gross acre site. (Castro, Ross and Carol Y., Owner). SNI: Washington. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval to CP Commercial Pedestrian (5-0-2).
C 03-041 - District 3
Documents Filed: (1) Memorandum from
Secretary of the Planning Commission Stephen Haase, dated August 14, 2003,
recommending the acceptance of the staff’s recommendation and rezoning of the
property to CP Commercial Pedestrian. (2) Proofs of publication of Notice of
Public Hearing, executed on August 1, 2003 and August 10, 2003, submitted by
the City Clerk.
Discussion/Action: The Mayor opened the public hearing and no one spoke on the issue. The public hearing was closed. Upon motion by Council Member Chavez, seconded by Council Member Cortese, and unanimously carried, Ordinance No. 26970, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of South 1st Street Approximately 60 Feet Southeasterly of Union Street to CP Commercial Pedestrian Zoning District”, was passed for publication. Vote:11-0-0-0.
11.7 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the westerly side of Gold Street, approximately 150 feet southerly of the Guadalupe River, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow 32,022 square feet for industrial design uses on a 2.248 gross acre site. (Makai Graphics, Owner; San José/Alviso Youth Foundation Mr. Tom Jodry, Developer). CEQA: Resolution No. 67684. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 03-007 - District 4
Documents Filed: (1) Memorandum from
Secretary of the Planning Commission Stephen Haase, dated August 28, 2003,
recommending the approval of the subject Planned Development Rezoning. (2)
Memorandum from Secretary of the Planning Commission Stephen Haase transmitting
the Department of Planning, Building, and Code Enforcement Staff Report on
Project File Number C03-007, dated August 20, 2003, recommending approval of
the planned development rezoning. (3) Proof of publication of Notice of Public
Hearing, executed on August 13, 200 and August 24, 2003, submitted by the City
Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing. There were no speakers and the public hearing was closed. Upon motion by Council Member Reed, seconded by Council Member Cortese, and unanimously carried, Ordinance No. 26971, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Southwest Corner of Gold Street and Guadalupe River in Alviso to A(PD) Planned Development Zoning District”, was passed for publication. Vote: 11-0-0-0.
11.8 PUBLIC HEARING ON CONFORMING REZONING of the property located at the east side of South 1st Street, approximately 150 feet northerly of Virginia Street (780 S. 1st Street), from LI Light Industrial Zoning District to CP Commercial Pedestrian Zoning District, to allow commercial uses on a 0.1 gross acre site. (Clark Robert F. and Mildred L., Owner). SNI: Spartan/Keyes. CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.
C 03-039 - District 3
Documents Filed: (1) Department of
Planning, Building, and Code Enforcement Staff Report on Project File Number
C03-039, dated August 13, 2003, recommending approval of the conforming
rezoning. (2) Proofs of publication of Notice of Public Hearing, executed on
August 20, 2003 and August 24, 2003, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing. There were no speakers and the public hearing was closed. Council Member Chavez requested Staff to provide a report to Council regarding the parking management plan for the project and to ensure Staff is working with the current owners on the site. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and unanimously carried, Ordinance No. 26972, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the East Side of South 1st Street Approximately 150 Feet Northerly of Virginia Street (780 S. First St.) to CP Commercial Pedestrian Zoning District”, was passed for publication. Vote: 11-0-0-0.
11.9 PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of South 24th Street, approximately 210 feet northerly of San Antonio Street (175 S. 24th Street), from CP Pedestrian Commercial Zoning District to R-2 Two-Family Residence District, to allow a duplex on a 0.12 gross acre site. (Martin Velazquez, Owner). SNI: Five Wounds/Brookwood Terrace. CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.
C 03-049 - District 3
Documents Filed: (1) Department of
Planning, Building, and Code Enforcement Staff Report on Project File Number
C03-049, dated August 13, 2003, recommending approval of the conforming
rezoning. (2) Proofs of publication of Notice of Public Hearing, executed on
August 20, 2003 and August 24, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing. There were no speakers and the public hearing was closed. Upon motion by Council Member Chavez, seconded by Council Member Yeager, and unanimously carried, Ordinance No. 26973, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of South 24th Street Approximately 210 Feet Northerly of San Antonio Street (175 S. 27th St.) to R-2 Two Family Residence Zoning District”, was passed for publication. Vote: 11-0-0-0.
11.10 PUBLIC HEARING ON CONFORMING REZONING of the property located at the northeast corner of Winfield Boulevard and Blossom Hill Road (971 Blossom Hill Rd.), from HI Heavy Industrial Zoning District to CG Commercial General Zoning District, to allow commercial uses on a 1.39 gross acre site. (Bank of America National Trust & Savings Association, Owner). SNI: None. CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.
C 03-062 - District 10
Documents Filed: (1) Department of
Planning, Building, and Code Enforcement Staff Report on Project File Number
C03-062, dated August 13, 2003, recommending approval of the subject
rezoning.(2) Proofs of publication of Notice of Public Hearing, executed on
August 20, 2003 and August 24, 2003, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing. William Garbett spoke on the issue. The public hearing was closed. Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, Ordinance No. 26974, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Northeast Corner of Winfield Boulevard and Blossom Hill Road”, was passed for publication. Vote: 11-0-0-0.
Open Forum
Danny Garza spoke on City neighborhood
issues.
Adjournment
The Council of the City of San José adjourned at 7:31 P.M.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK