MINUTES OF THE CITY COUNCIL

 

 

SAN JOSÉ, CALIFORNIA                                                              TUESDAY, JUNE 3, 2003

 

 

The Council of the City of San José convened in regular session at 9:30 a.m. in City 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, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (A) to discuss existing litigation in the cases of (1) California State Automobile Association v. City of San José. (2) Comcast of California II, L.L.C. v. City of San José; (B) To confer with Labor Negotiator pursuant to Government Code 54957.6, City Negotiation: City Manager designee Alex Gurza, and the following Employee Organizations: (1) San José Police Officers’ Association; (2) International Association of Firefighters; (3) Municipal Employees Federation; (4) Confidential Employees Organization; (5) City Association of Management Personnel; (6) Association of Maintenance Supervisory Personnel; (7) Operating Engineers, Local 3; (8) International Brotherhood of Electrical Workers; (9) Association of Building and Mechanical and Electrical Inspectors.

 

            By unanimous consent, Council reconvened from the Closed Session and recessed at 9:50 a.m. and reconvened at 1:31 p.m. in the Council Chambers.

 

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

 

            Absent:    Council Members -    None.

 

Invocation

 

The Women’s Rainbow Choir sang Stone Circles. (District 6)

 

Pledge of Allegiance

 

Mayor Gonzales led the Pledge of Allegiance.

 

Orders of the Day

 

            The San José Parking Authority will meet following the afternoon City Council session.

 

            Discussion/Action: 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

 

1.1       Presentation of a proclamation declaring the week of June 7-14, 2003, as National NeighborWorks® Week.  (Housing)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales was joined at the podium with Housing Director Leslye Corsiglia to present a proclamation declaring the week of June 7-14, 2003, as National Neighbor Works Week, and accepting the proclamation was Ed Mancrief with Neighborhood Housing Services Silicon Valley, a non-profit organization, whose mission is as a City partner to improve the living environment of low income families in the City of San José and an active player in the City’s SNI efforts providing programs and services which promote and support responsible home ownership as a means of revitalizing neighborhoods and creating a sense of community pride.

 

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.

 

Approval of Minutes.

 

2.1       Approval of City Council Minutes for:

            (a)        Regular meeting of October 1, 2002

 

            Documents Filed: Minutes of Regular Council meeting of October 1, 2002.

 

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

 

Final adoption of ordinances.

 

2.2       (a)        Final adoption of Ordinance No. 26896 amending Chapter 20.10 of Title 20 of the San José Municipal Code by adding a new Section 20.10.100 authorizing the establishment of cost recovery fees for planning services and processes.

                        RENUMBERED TO 4.5(b)

 

                        Documents Filed: Proof of Publication of the title of Ordinance No. 26896, executed on May 27, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26896 was adopted. Vote: 11-0-0-0.

 

            (b)        Final adoption of Ordinance No. 26897 adopting salaries for the Mayor and Council Members recommended by the Council Salary Setting Commission pursuant to City Charter Section 407 and defers implementation of the salary increase.

 

                        Documents Filed: Proof of Publication of the title of Ordinance No. 26897, executed on May 27, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Reed, and unanimously carried, Ordinance No. 26897 was adopted, accepting the recommendations of the Salary Setting Commission, and deferring the action of the car allowance increase until May 2004. Vote: 11-0-0-0.

 

            (c)        Final adoption of Ordinance No. 26899 rezoning certain real property situated on the north side of Quimby Road, approximately 300 feet easterly of Mission Greens Drive.  PDC 03-010

 

                        Documents Filed: Proof of Publication of the title of Ordinance No. 26899, executed on May 27, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26899 was adopted. Vote: 11-0-0-0.

 

            (d)        Final adoption of Ordinance No. 26900 rezoning certain real property situated on the south side of Story Lane at the terminus of Schramm Way.  PDC 02-020

 

                        Documents Filed: Proof of Publication of the title of Ordinance No. 26900, executed on May 27, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26900 was adopted. Vote: 11-0-0-0.

 

2.3       Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #33, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Exempt, PP03-04-139.  (General Services)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated May 12, 2003, recommending approval of award of open purchase orders.

 

            Discussion/Action: The award of open purchase orders for FY 2002-2003 #33 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.

 

2.4       Approval of a sole source purchase of 230 Motorola XTS3000 portable radios from Motorola C & E, Inc., (San Mateo, CA), for a total cost not to exceed $436,218.00, including tax and delivery, and authorization for the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated May 12, 2003, recommending approval of sole source purchase from Motorola C & E, Inc.

 

            Discussion/Action: Upon motion by Council Member purchase to Motorola C & E, Inc. pursuant to Subsection 4.12.020 of the San José Municipal Code, was approved and its execution authorized. Vote 11-0-0-0.

 

2.5       Adoption of the following appropriation ordinance amendments in the City-Wide Construction and Conveyance Tax Fund:

            (a)        Establish the Guadalupe River Trail Bridge at Almaden Lake Project for $25,000.

            (b)        Decrease the Ending Fund Balance by $25,000.

            CEQA:  Mitigated Negative Declaration, PP03-04-110.  Council Districts 9 and 10.  (Parks, Recreation and Neighborhood Services/City Manager’s Office)

 

            Documents Filed: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley and Budget Director Larry D. Lisenbee, dated May 13, 2003, recommending adoption of said appropriation ordinance amendments in the City-Wide Construction and Conveyance Tax Fund.

 

            Discussion/Action: Ordinance No. 26908, entitled: “An Ordinance of the City of San José Amending Ordinance No. 16674 to Appropriate Moneys in the Construction and Conveyance Tax Fund for the Guadalupe River Trail Bridge at Almaden Lake Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.

 

2.6       Adoption of a resolution initiating proceedings and setting June 17, 2003 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Amos No. 33, which involves the annexation to the City of San José of approximately 2.5 acres, located on the north side of Quimby Road, approximately 300 feet easterly of Mission Greens Drive, and the detachment of the same from Central Fire Protection, Santa Clara Valley County Water, and Santa Clara County Library Services.  CEQA:  Mitigated Negative Declaration, PDC03-010.  Council District 8.  (Planning, Building and Code Enforcement)

 

            Documents Filed: Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated May 12, 2003, recommending adoption of said resolution initiating proceedings and setting June 17, 2003 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Amos No. 33.

 

            Discussion/Action: Resolution No. 71585, entitled: “A Resolution of the Council of the City of San José Initiating Reorganization Proceedings for the Annexation and Detachment of Certain Uninhabited Territory Designated as Amos No. 33 and Described Herein, and Setting the Date and Place for Consideration of Such Reorganization”, was adopted. Vote: 11-0-0-0.

 

2.7       Adoption of a resolution authorizing the City Manager to execute amendments to the following Plan Check Consultant Contracts, to extend the term of the agreements from July 1, 2003 to June 30, 2004, and to amend the maximum compensation of all agreements such that the cumulative total will not exceed $390,000:

            (a)        The Phillips Group;

            (b)        Kutzmann & Associates;

            (c)        Linhart, Petersen, Powers Associates;

            (d)        R.K. Associates; and

            (e)        Esgil Corporation.

            CEQA:  Not a Project.  (Planning, Building and Code Enforcement)

 

            Documents Filed: Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated May 19, 2003, recommending adoption of said resolution.

 

            Discussion/Action: William Garbett spoke on the item. Resolution No. 71586, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute Amendments to Plan Check Consultant Agreements”, was adopted. Vote: 10-0-1-0. Absent: Yeager.

 

2.8       Approval of Contract Change Order No. 19 with Graniterock Company dba Pavex Construction Division for the Improvement District 99-218SJ (Hellyer-Piercy) Contract #1 Project, in the amount of $117,600, for a total contract amount of $16,649,037.44, and providing for an additional 14 working day time extension.  Council District 2.  (Public Works)

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to June 10, 2003.

 

2.9       (a)        Report on bids and award of contract for the Traffic Signal Installation at Fourth Street and Mission Street Project to the low bidder, Brown & Fesler, Inc., in the amount of $231,580, and approval of a contingency in the amount of $23,100.

            (b)        Adoption of the following appropriation ordinance amendments in the Building and Structure Construction Tax Fund:

                        (1)        Increase the appropriation to the Department of Transportation for the Traffic Signals Project by $231,580.

                        (2)        Decrease the Ending Fund Balance by $231,580.

            CEQA:  Exempt, PP01-11-193.  Council District 3.  (Public Works)

 

            Documents Filed: (1) Supplemental memorandum from Director of Public Works Katy Allen and Budget Director Larry D. Lisenbee, dated May 27, 2003, recommending award of said contract, with related contingency, to the low bidder, Brown & Fesler, Inc., adoption of said appropriation ordinance amendments in the Building and Structure Construction Tax Fund. (2) Memorandum from Public Works Director Katy Allen, dated May 12, 2003, recommending approval based on evaluation of bids for the Traffic Signal Installation at Fourth Street and Mission Street Project.

 

            Discussion/Action: Council Member Chavez acknowledged how quickly Staff has moved in dealing with this unsafe intersection and asked how does this particular intersection match with other work done along Mission street. Transportation Director James R. Helmer replied textured cross walk treatments were placed at Mission and 3rd, and the appropriate signage reminding motorists they are driving through school zone areas and need to slow down at these uncontrolled intersections. He stated the traffic signal will not be timed or programmed to provide green lights on Mission Street until it is called upon by a pedestrian or a motorist, therefore it will normally rest in the 4th Street mode. Director Helmer in answer to Council Member Chavez’ question about traffic signal hands being included in this intersection, replied currently it is designed with the State allowing traffic signal hands but this project does not include the count downs because those are still not fully authorized by the State of California. Council Member Chavez suggested treating 4th Street as an extension of the traffic calming already being done instead of as a signalized area. Upon motion by Council Member Chavez, seconded by Council Member LeZotte, and unanimously carried, the report on bids and award of contract for the Traffic Signal Installation at Fourth Street and Mission Street Project to the low bidder, Brown & Fesler, with contingency was approved and its execution authorized, and Ordinance No. 26909, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Building and Structure Construction Tax Fund for the Fourth Street and Mission Street Traffic Signal Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, with Staff directed to review appropriate tools for addressing traffic calming issues at that location, was adopted. Vote: 11-0-0-0.

 

2.10     Approval of a second amendment to the agreement with Parikh Consultants, Inc. for geotechnical services for various library projects, increasing the compensation by $100,000, for a total agreement amount not to exceed $200,000.  CEQA:  Not a Project.  (Public Works)

 

            Documents Filed: Memorandum from Director of Public Works Katy Allen, dated May 12, 2003, recommending approval of a second amendment to said agreement with Parikh Consultants, Inc.

 

            Discussion/Action: The second amendment to said agreement with Parikh Consultants, Inc., for various library projects was approved and its execution authorized. Vote: 11-0-0-0.

 

2.11     Report on bids and award of contract for the Biebrach Park Play Area Renovation and Restroom Replacement Rebid Project to the low bidder, JFC Construction, Inc., in the amount of $403,743, and approval of a contingency in the amount of $40,000. CEQA: Exempt, PP02-09-259.  Council District 3.  SNI:  Gardner.  (Public Works)

 

            Documents Filed: Memorandum from Director of Public Works Katy Allen, dated May 12, 2003, recommending award of said contract, with related contingency, to the low bidder, JFC Construction, Inc.

 

            Discussion/Action: The award of said contract, with related contingency, to the low bidder, JFC Construction, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

 

2.12     Acceptance of the Office of the City Auditor’s Report on Sales and Business Tax Audit Results for the Quarter Ended March 31, 2003. (City Auditor)

            (Rules Committee referral 5/28/03)

 

            Documents Filed: Letter from City Auditor Gerald A. Silva, dated May 21, 2003, transmitting said report.

 

            Discussion/Action: The City Auditor’s Report on Sales and Business Tax Audit Results for the Quarter Ended March 31, 2003, were accepted. Vote: 11-0-0-0.

 

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

            (Rules Committee referral 5/28/03)

 

            Documents Filed: Letter from City Auditor Gerald A. Silva, dated May 23, 2003, transmitting said report.

 

            Discussion/Action: The City Auditor’s Report of Activities and Findings Through May 15, 2003, were accepted. Vote: 11-0-0-0.

 

STRATEGIC SUPPORT SERVICES

 

3.2       Report of the Rules In Lieu Committee - Meeting of May 21, 2003

            Vice Mayor Dando, Chair

 

            Documents Filed: The Rules In Lieu Committee Report of May 21, 2003.

 

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

            (b)        City Council

                        (1)        Review June 3, 2003 Draft Agenda

 

The Committee recommended approval of the June 3, 2003 City Council agenda.

 

                        (2)        Add New Items to May 27, 2003 Amended Agenda

 

                                    The Committee recommended five additions to the May 27, 2003 City Council agenda.

 

                        (3)        List of Reports Outstanding. Attachment: Report from City Manager dated May 20, 2003 listing one staff report outstanding for the May 20, 2003 Council agenda.

 

                                    The Committee noted and filed the City Manger’s report listing one Staff report outstanding for the May 20, 2003 Council agenda.

 

            (c)        Legislative Update

                        (1)        State

 

                                    There was no report.

 

                        (2)        Federal

 

                                    There was no report.

 

            (d)        Meeting Schedule - 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 present.

 

            (j)         Adjournment

 

                        The meeting adjourned at 11:10 A.M.

 

            Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the In Lieu Rules Committee Report and actions of May 21, 2003 were accepted. Vote 11-0-0-0.

 

            Meeting of May 28, 2003 (Partial)

            (c)        Legislative Update

                        (1)        State

                                    (a)        SB 916 (Perata), Toll Bridge Revenues

 

                                    The Committee recommended that Council oppose Senate Bill 916 (Perata) unless amended to remove the requirement calling for another study of the Altamont Pass as a high-speed rail route.

 

            Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Partial Rules Committee Report and actions of May 28, 2003 were accepted. Vote 11-0-0-0.

 

3.4       Adoption of San José Schools and the City of San José Joint Legislative Statement (Resolution).  (Chirco/Gregory)

            (Rules Committee referral 5/28/03)

 

            Documents Filed: Memorandum from Assistant to the City Manager, Intergovernmental Relations, Betsy Shotwell and Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated May 29, 2003, recommending approval of Schools/City Joint Legislative Statement on the Proposed 2003 State Budget.

 

            Discussion/Action: Council Member Chirco introduced the School/City Collaborative Joint Legislative Statement on the proposed 2003 State budget for Council consideration. She stated this resolution is the product of an extensive effort by the school districts and the City to craft a statement to Sacramento which reflects the City’s concerns and desires for the proposed State budget and as a statement from the City of San José as well as the 19 school districts in San Jose, which collectively represent the third largest school district in California. Council Member Chirco moved approval of the Schools/City Joint Legislative Statement on the Proposed 2003 State Budget. Council Member Gregory seconded the motion. Council Member Gregory commented given the budget constraints, this legislative statement is meant to present a collective and cohesive voice to Sacramento regarding education, City, and neighborhood issues.

 

            On a call for the question, and carried unanimously, and Resolution No. 71587, entitled: “A Resolution of the Council of the City of San José Approving the San José Schools and the City of San José Joint Legislative Statement”, was adopted. Vote: 11-0-0-0.

 

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

 

4.1       Report of the Building Strong Neighborhoods Committee – May 19, 2003

            Council Member Chavez, Chair

 

            Documents Filed: The Building Strong Neighborhoods Committee Report of May 19, 2003.

 

            (a)        Community Preservation Ordinance Review. Attachment: Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated May 7, 2003, transmitting said report.

 

                        The Committee accepted the Community Preservation Ordinance Review Report, with direction to Staff to provide an update on “Community Preservation Ordinance” at the upcoming meeting. This presentation is to include:

·        Tri-County Apartment Association participation

·        Top 100

·        Education time frame

·        Volunteer Program Update

·        Mobile Home Update

·        Council District Information on 70 multi-housing properties

 

            (b)        Review of Anti-Graffiti & Pick Up San José Efforts. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated May 6, 2003, transmitting said report.

 

                        The Committee accepted the Anti-Graffiti & Pick Up San Jose report.

 

            (c)        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 used in the Staff presentation.

 

                        PRNS Staff will return with updated information to the Committee.

 

            (d)        Oral petitions - None.

 

            (e)        Adjournment

 

                        The meeting adjourned at 3:12 p.m.

 

            Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Cortese and unanimously carried, the Building Strong Neighborhoods Committee Report and actions of May 19, 2003 were accepted. Vote: 11-0-0-0.

 

4.3       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

            (Continued from 5/6/03 – Item 4.5)

 

            Documents Filed: None.

 

            Discussion/Action: This item was continued to June 10, 2003.

 

4.5       (a)        PUBLIC HEARING on an ordinance amending Chapter 20.10 of Title 20 of the San José Municipal Code by adding a new Section 20.10.100 authorizing the establishment of cost recovery fees for planning services and processes.  CEQA:  Not a Project.  (Planning, Building, and Code Enforcement)

            (b)        Final adoption of ORD. NO. 26896 – Amends Chapter 20.10 of Title 20 of the San José Municipal Code by adding a new Section 20.10.100 authorizing the establishment of cost recovery fees for planning services and processes.  CEQA:  Not a Project.

                        RENUMBERED FROM 2.2(a)

            Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

 

            Documents Filed: (1) Memorandum from City Attorney Richard Doyle, dated May 30, 2003, transmitting a copy of said proposed ordinance to amend Title 20 to provide for cost-recovery fees approved by Council. (2) Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated May 13, 2003, recommending actions pertaining to Chapter 20.10 of the San José Municipal Code. (3) Proof of publication of notice of public hearing, executed on May 16, 2003, submitted by the City Clerk.

 

            Discussion/Action: William Garbett spoke on the item. Upon motion by Council Member Cortese, seconded by Council Member Williams, and unanimously carried, and the public hearing on said ordinance was approved, and Ordinance No. 26896, entitled: “An Ordinance of the City of San José Amending Chapter 20.10 of Title 20 of the San José Municipal Code by Adding a New Section 209.10.100 Authorizing the Establishment of Cost Recovery Fees for Planning Services and Processes”, was adopted. Vote: 11-0-0-0.

 

RECREATION & CULTURAL SERVICES

 

6.2       Adoption of a resolution authorizing the City Manager to negotiate and execute the following agreements to support implementation of the Oakland Road Widening Project:

            (a)        An agreement with Union Pacific Railroad for the upgrade of the at-grade railroad crossing on Oakland Road at Wayne Avenue in the amount of $416,983.

            (b)        An agreement with Union Pacific Railroad for the upgrade of the at-grade railroad crossing on Oakland Road at Faulstich Court in the amount of $244,142.

            CEQA:  Exempt, PP02-12-386.  Council District 4.  (Transportation)

 

            Documents Filed: Memorandum from Transportation Director James R. Helmer, dated May 12, 2003, recommending approval of said agreements with Union Pacific Railroad to support implementation of the Oakland Road Widening Project.

 

            Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Chavez, and unanimously carried, Resolution No. 71588, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Agreements with Union Pacific Railroad Relating to the Oakland Road Widening Project”, was adopted. Vote: 11-0-0-0.

 

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

9434

West side of Avalani Ave at westerly terminus of Luby Dr.

5

Lam Investments, LLC.

5

SFD

Approve

9470

NE/C of 8th St. and Mission St.

3

Regis Homes of Northern California

66 units

Multi-Family

Approve

 

RECESS/RECONVENE

 

            The City Council recessed at 2:05 p.m. and reconvened at 7:05 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 Vice Mayor Dando, seconded by Council Member Chavez and unanimously carried, the below noted continuances were granted. Vote: 11-0-0-0.

 

PUBLIC HEARINGS

 

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)

            (Continued from 5/6/03 – Item 11.1 and 5/20/03 – Item 11.1)

 

            Documents Filed: (1) Memorandum from Planning, Building & Code Enforcement Director Stephen M. Haase, dated April 16, 2003, recommending adoption of said resolution authorizing the reorganization of territory designated as Franklin No. 49. (2) Proof of publication of notice of public hearing, executed on April 25, 2003, submitted by the City Clerk.

 

            Discussion/Action: City Attorney Richard Doyle stated for the record, this was a Proposition 218 issue and unanimous waivers from all property owners on the Proposition 218 issue, the annexation can move forward. Mayor Gonzales opened the public hearing on the reorganization of said subject territory designated as Franklin No. 49. There was no discussion from the floor. Upon motion by Council Member Gregory, seconded by Council Member LeZotte, and unanimously carried, the public hearing was closed, and Resolution No. 71589, entitled: “A Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Franklin No. 49 Subject to Liability for General Indebtedness of the City After Finding Protests Insufficient to Terminate Such Proceedings”, was adopted. Vote: 11-0-0-0.

 

11.2     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. Director of Planning, Building and Code Enforcement recommends to uphold the appeal of the Planning Commission’s decision to approve, with conditions requiring a masonry wall.

            CPA 95-037-01 - District 6

            (Continued from 5/6/03 – Item 11.5 and 5/20/03 – Item 11.2)

 

            Documents Filed: Memorandum from Planning, Building & Code Enforcement Director Stephen M. Haase, dated May 12, 2003, recommending City Council uphold the appeal of the Planning Commission’s decision to approve the Conditional Use Permit with Precedent Condition No. 2(a)(6) requiring construction of a masonry wall along the northerly property line, and to adopt a resolution with all of the findings and conditions approved by the planning commission, except precedent condition No. 2 which is recommended to be modified as indicated in the resolution attached thereto. (2) Letter from Matteoni Saxe & O’Laughlin Lawyers on behalf of Walgreens Company, dated June 2, 2003, requesting support for Walgreens’ appeal of a Planning Commission decision to impose additional conditions on Walgreens’ request to amend its use permit. (3) Proof of publication of notice of public hearing, executed on April 22, 2003, submitted by the City Clerk.

 

            Discussion/Action: Mayor Gonzales opened the public hearing and Gerry Houlihan representing the applicant, Walgreens, commented after much neighborhood input, a proposal to intensify the landscaping was developed. He commented just before the appeal came before the Planning Commission, the Planning Commission reinstated placing a masonry wall on the far boundary of the property, and from Walgreens standpoint, in lieu of the wall there was a negotiation to intensify landscape. He asked to have the conditional use permit issued without the condition of the masonry wall. Council Member Yeager commented he agrees with Mr. Houlihan, the masonry wall is not needed and moved approval supporting the applicant’s appeal of the Planning Commission decision. Council Member Cortese seconded the motion. On a call for the question, the public hearing was closed, the Staff and Planning Commission recommendations, with the conditions referenced above were approved, and Resolution No. 71590, entitled: “A Resolution of the Council of the City of San José Granting, Subject to Conditions, a Conditional Use Permit Amendment to Use Certain Real Property Described Herein for the Purpose of Allowing Twenty-four Hour Operation of a Retail Store and Drive-Through Pharmacy and associated Site Modifications”, was adopted. Vote: 11-0-0-0.

 

11.3     PUBLIC HEARING on approval of an ordinance amending Chapter 20.70 of Title 20 of the San José Municipal Code by modifying the provisions of the Downtown Zoning Regulations.  CEQA:  Resolution No. 65459, PP03-05-169.  (Planning, Building, and Code Enforcement)

 

            Documents Filed: None.

 

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

 

11.4     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 5/20/03 – Item 11.3)

 

            Documents Filed: None.

 

            Discussion/Action: This item was continued to August 5, 2003.

 

11.5     PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of South Cypress Avenue, approximately 100 feet northerly of Judro Way (412 South Cypress Avenue), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to six (6) single-family attached and detached residences on a 0.4 acre site.  (E & H Family Limited Partnership, Owner/Developer).  CEQA:  Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

            PDC 03-019 - District 1

 

            Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated May 27, 2003, transmitting the Report of the Staff of the Department of Planning, Building and Code Enforcement on Project File No. PDC 03-019, dated May 20, 2003, recommending approval of the Planned Development Rezoning. (2) Memorandum from Planning Commission Secretary Stephen M. Haase, dated May 29, 2003, transmitting the Planning Commission recommendation for approval of the proposed rezoning. (3) Proof of publication of notice of public hearing, executed on May 13, 2003, submitted by the City Clerk.

 

            Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the floor. Upon motion by Council Member LeZotte, seconded by Vice Mayor Dando, and unanimously carried, the public hearing was closed, and Ordinance No. 26910, entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated on the East Side of Cypress Avenue 110 Feet Northerly of Adra Avenue to Planned Development Zoning District”, was passed for publication. Vote: 11-0-0-0.

 

11.6     PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the east side of McKean Road, approximately 5,500 feet south of Bailey Avenue, from R-1-1 Residence District to A(PD) Planned Development Zoning District, to allow up to 2 single-family detached residences on a 88.98 gross acre site.  (North First Street Properties, Owner).  CEQA:  Mitigated Negative Declaration.

            PDC 02-107 - District 10

 

            Documents Filed: None.

 

            Discussion/Action: This item was continued to June 17, 2003.

 

11.7     PUBLIC HEARING ON CONFORMING REZONING of the property located at the north side of East Taylor Street, approximately 120 feet northeasterly of 3rd Street (131 E. Taylor St.), from R-M Multiple Residence District and CN Commercial Neighborhood District to CO Commercial Office District, to allow commercial use on a 0.26 gross acre site.  (Hiura Dorothy M Trustee), Owner).  CEQA:  Use of San José 2020 General Plan EIR Resolution No. 65459.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 03-014 - District 3

 

            Documents Filed: (1) Report of the Staff of the Department of Planning, Building and Code Enforcement on Project File No. C 03-014, recommending approval of the Conforming Rezoning. (2) Proof of publication of notice of public hearing, executed on May 23, 2003, submitted by the City Clerk.

 

            Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. There was no discussion from the floor. Upon motion by Council Member Chavez, seconded by Council Member LeZotte, and unanimously carried, the public hearing was closed, and Ordinance No. 26911, entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southwest Corner of South First and Sutter Streets to CO Commercial Office Zoning District”, was passed for publication. Vote: 11-0-0-0.

 

4.4       Approval of the Gateway East Strong Neighborhoods Initiative, Neighborhood Improvement Plan. CEQA: Resolution No. 65459, PP03-05-168. Council District 5. SNI: Gateway East. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). (Planning, Building and Code Enforcement)

            TO BE HEARD IN THE EVENING

 

            Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated May 12, 2003, transmitting the draft Gateway East Neighborhood Plan. (2) Memorandum from Planning Commission Secretary Stephen M. Haase, dated May 29, 2003, transmitting the planning Commission recommendation that the City Council: (a) approve the Strong Neighborhood Initiative Gateway East Neighborhoods Improvement Plan, (b) authorize the Administration to direct the City Departments and Agencies with implementation responsibilities to begin their respective activities; and (c) encourage the Gateway East property owners, residents and community members to dedicate their time, energy and resources to implement the recommendations of the Plan and continue their community building activities.

 

            Discussion/Action: Mayor Gonzales introduced Planning, Building and Code Enforcement Deputy Director Joe Hordewel who stated of the 19 Strong Neighborhood Initiative plans this is the last to be approved by the City Council. Three members of the Gateway East Neighborhood Advisory Committee Joe Nieto, Judy Sioto, and Eugenio Ramirez presented the plan. Using slide presentations Joe Nieto expressing pride living in San José and with the goal of attempting to improve the neighborhood area by making it more attractive and also improving the strengths of the parks and the community facilities. Eugenio Ramirez presented the SNI Gateway East Neighborhood Improvement Plan, dated May 12, 2003 listing the top 10 priorities. Judy Sieto presented the last 4 of the top 10 priorities and its plan for the improvement of the neighborhood, and community programs for the youth and elders residing there and she thanked the Mayor, Council Member Campos, City Manager, Planning, Building, Code Enforcement, Redevelopment, Parks and Recreation and a special thanks to the Technician of the Advisory Committee, NAC Members.

 

            Council Member Campos commented the various community groups within District 5 worked hard as one community and she acknowledged City Staff as a true partner with this SNI group and commended them for their hard work in moving forward a simple basic plan which looks at other resources not just the City. Council Member Campos moved approval of the Gateway East Neighborhood Improvement Plan, Strong Neighborhoods Initiative. Council Member Williams seconded the motion. Mayor Gonzales asked if there was as a map identifying the storm and sanitary sewer lines in need of repair, commented it is unacceptable not to have a storm drainage program that works or one that exists. Mayor Gonzales expressed pride of this community coming together, and sticking to a basic no frills plan of people coming to the process and willing to focus on their neighborhood needs. On a call for the question, the public hearing was closed, and the Staff and Planning Commission recommendation on the Gateway East Neighborhood Improvement Plan, Strong Neighborhoods Initiative was approved, with Staff directed to provide a map identifying storm and sanitary sewer lines needing repair. Vote: 11-0-0-0.

 

 

Open Forum

 

            Danny Garza commended the helpfulness of the Planning Department.

 

 

ADJOURNMENT

 

            The meeting was adjourned in memory of Mr. Bernard F. Quement who with his wife helped start the ALS Research Foundation in San Francisco, which has been in existence for the past 30 years.

 

            The Council of the City of San José adjourned at 7:29 p.m.

 

RON GONZALES, MAYOR

 

 

ATTEST:

 

 

PATRICIA L. O’HEARN

CITY CLERK