MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, SEPTEMBER 17, 2002

The Council of the City of San José convened in Regular Session at 9:00 a.m. in Council Chambers at City Hall.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Yeager; Gonzales.

Absent: Council Members - Williams (Excused).

Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:02 a.m. in Room 600 to (A) discuss public employee evaluation pursuant to Government Code Section 54957 for the Independent Police Auditor; and (B) to confer with Legal Council to discuss existing litigation pursuant to Government Code Section 54956.9(a) to consider the cases of Gonzales v. City of San José, et al., Pham v. City of San José, et al., City v. Talx Corp., et al., and Wing & A Prayer v. City of San José; and (C) to confer with Legal Counsel to discuss anticipated litigation pertaining to the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code in two (2) matters.

By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams (entered at 1:40 p.m.), Yeager; Gonzales.

Absent: Council Members - None.

Invocation (District 8)

Father Martin Rock, Pastor, St. Mary’s Church, Ogden, Utah, delivered the invocation.

Pledge of Allegiance

Mayor Gonzales led in the Pledge of Allegiance.

Orders of the Day

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Williams.

CEREMONIAL ITEMS

1.1 Recognition to the City of San José for first time recipient of the Certification of Excellence in Investment Policy from the Association of Public Treasurers of the United States & Canada (APT). (Finance)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Dando, as Chair of the Finance and Infrastructure Committee, introduced Director of Finance Scott P. Johnson, Deputy Director of Finance Andrew E. Heath, Treasury Manager Bonnie T, Kobayashi, Analyst Carrie Murphy, and Attorney Karin Murabito, and acknowledged the outstanding achievements of the Finance Department’s success in developing and following a comprehensive investment policy for the City that meets the criteria set forth by the Association’s Investment Policy program. On behalf of the Finance and Infrastructure Committee, she commended the Finance Department as the recipient of the prestigious award, from the United States and Canada Association of Public Treasurers, which certifies their excellence. Director Johnson accepted the commendation presented by Mayor Gonzales.

1.2 Presentation of a commendation to Dave McPherson of the City Auditor’s Office for assisting the City in saving 11 million dollars. (Reed)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were Council Members Dando and Reed who recognized, commended and expressed appreciation to Dave McPherson for his professional accomplishments and deep commitment to help ensure the City of San José continues to provide high quality services to the residents and businesses of the community. Mayor Gonzales presented the commendation to the honoree.

1.3 Cub Scouts from Pack 274, Almaden Valley Welcomed to the City Council Meeting

Documents Filed: None.

Discussion/Action: The City Council joined Council Member Dando in welcoming Cub Scouts from Pack 274, Almaden Valley: Will, Anthony, Nick, Brian, Greg, Justin, Kris, and Greg, and Den Leaders Ron Westerhouser and Jeff Greene, who were asked to stand and be recognized.

CONSENT CALENDAR

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

2.2 Final adoption of ordinances:

(a) ORD. NO. 26709 – Amends Section 23.04.020 of Chapter 23.04 of Title 23 of the San José Municipal Code to include regulations of skyline signs and roof signs within the area bounded by US Highway 101, Interstates 237 and 880, and the Guadalupe River and to make additional minor modifications.

[Deferred from 9/3/02 – Item 2.2(a)]

Documents Filed: None

Discussion/Action: This item was deferred to September 24, 2002.

(b) ORD. NO. 26728 – Rezones certain real property situated on the northeast corner of Cypress Avenue and Adra Avenue (3475 Adra Avenue). PDC 02-039

Documents Filed: Proof of Publication of the title of Ordinance No. 25728 executed on September 6, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26728 was adopted. Vote: 11-0-0-0.

2.3 (a) Adoption of a resolution approving the Freeway Maintenance Agreement with the State of California providing for the maintenance of the proposed Bailey Avenue/Route 101 Interchange. CEQA: Resolution No. 68705. Council District 2. (Public Works)

(Deferred from 8/13/02 – Item 2.9 et al., 9/3/02 – Item 2.11)

(b) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Valley Transportation Authority providing for the project management of the proposed Bailey Avenue/Route 101 Interchange. CEQA: Resolution No. 68705. Council District 2 (Public Works)

Documents Filed: Memoranda from Director of Public Works Katy Allen, dated July 24 and September 10, 2002, recommending: (a) Approval of the Freeway Maintenance Agreement with the State of California providing for the maintenance of the proposed Bailey Avenue/Route 101 Interchange. (b) Adoption of said resolution authorizing the City Manager to negotiate and execute said agreement with the Valley Transportation Authority.

Discussion/Action: Council Member Williams requested an explanation of the reductions in size and scope of the project and asked if it was crucial to approve the project at this time. Director of Public Works Katy Allen explained that the agreement would entail a modified design to include full access from Route 101 onto Bailey Avenue, that the project is time sensitive and needs to be under construction by the first part of March to secure State funding. Council Member Williams asked what would be the impact of the changes, and Director Allen responded that Staff would provide that information; and when construction is done for this design, it will be a fully utilized improvement at Bailey. Council approved the various actions related to the proposed interchange with direction to Staff to provide Council with information regarding possible impacts
anticipated by the modified design of the interchange and extension project, and Resolution No. 71208, entitled: “A Resolution of the Council of the City of San José Approving the Freeway Maintenance Agreement with the State of California for the Proposed Bailey Avenue/Route 101 Interchange”; and Resolution No. 71209, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with the Valley Transportation Authority for Project Management of the Proposed Bailey Avenue/Route 101 Interchange”, were adopted. Vote: 11-0-0-0.

2.4 Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the agreement with AvAirPros, Inc. for consulting services related to security issues at Norman Y. Mineta San José International Airport, increasing the compensation by $100,000, from $50,000 for a total agreement amount not to exceed $150,000, and extending the term of the agreement to June 30, 2003. CEQA: Not a Project. (Airport)

Documents Filed: Memorandum from Director of Aviation Ralph G. Tonseth, dated
August 26, 2002, recommending approval of the first amendment to said agreement with AvAirPros, Inc. for consulting services related to security issues at Norman Y. Mineta San José International Airport.

Discussion/Action: Resolution No. 71210, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a First Amendment to the Agreement with AvAirPros, Inc. for Consulting Services for the Norman Y. Mineta San José International Airport”, was adopted. Vote: 11-0-0-0.

2.5 Approval of City Manager Del Borgsdorf’s travel to Philadelphia, Pennsylvania, from September 29 – October 2, 2002, to participate in a panel entitled Rising Expectations, to discuss the reallocation of resources to public safety and strategies to balance other public service needs. CEQA: Not a Project.

(City Manager’s Office)

Documents Filed: Memorandum from City Manager Del D. Borgsdorf, dated August 26, 2002, requesting approval to travel to Philadelphia, Pennsylvania.

Discussion/Action: The requested travel for City Manager Del Borgsdorf was approved.
Vote: 11-0-0-0.

2.6 Adoption of appropriation ordinance and funding sources resolution amendments in the services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund) for Anti-Graffiti Services and Strong Neighborhoods Initiative Program, with a net impact to the fund of $180,000. CEQA: Not a Project.

(City Manager’s Office)

Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, dated
August 27, 2002, recommending adoption of said appropriation ordinance and funding sources resolution amendments in the services for Redevelopment Capital Projects Fund.

Discussion/Action: Ordinance No. 26731, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Services for Redevelop-ment Capital Projects Fund for the Blight Abatement Additional Contingency Service Project and for the Strong Neighborhoods Initiative Program; and Providing that this Ordinance shall become Effective Immediately Upon Adoption”; and Resolution No. 71211, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71072 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2002-2003 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 11-0-0-0.

2.7 Approval of the second amendment to the Line of Credit Agreement between the City of San José and Across the Bridge Foundation, Inc. to provide for the third $150,000 installment of a multi-year no-interest gap financing line of credit, increasing the line of credit amount to $450,000, for the operation of Downtown College Prep Charter School. CEQA: Not a Project. Council District 3. SNI: University. (City Manager’s Office)

Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, dated
August 30, 2002, recommending approval of the second amendment to said Line of Credit Agreement between the City of San José and Across the Bridge Foundation, Inc.

Discussion/Action: The second amendment to said agreement with Bridge Foundation, Inc. was approved and its execution authorized. Vote: 11-0-0-0.

2.8 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the Department of Energy to conduct education, research, and data collection to encourage solar energy installations, to accept a grant in an amount not to exceed $50,000, for a total program cost not to exceed $106,200, including the value of in-kind services to be provided by other agencies, for the term retroactive to August 1, 2002 through July 31, 2003. CEQA: Not a Project.

(b) Adoption of the following appropriation ordinance and funding source resolution amendments in the General Fund: CEQA: Not a Project.

(1) Increase the estimate in the General Fund for Revenue from the Federal Government by $50,000.

(2) Increase the Environmental Services Department’s Personal Services appropriation by $34,500.

(3) Increase the Environmental Services Department’s Non-Personal/Equipment appropriation by $15,500.

(Environmental Services/City Manager’s Office)

Documents Filed: (1) Memorandum from Director of Environmental Services Carl Mosher, and Budget Director Larry D. Lisenbee, dated August 26, 2002, recommending (a) approval of said resolution authorizing the City Manager to negotiate and execute a grant agreement with the Department of Energy, (b) adoption of said appropriation ordinance and funding source resolution amendments in the General Fund. (2) Resolution from the Silicon Valley Toxics Coalition, adopted September 11, 2002 at the meeting of the Board of Directors, in support of the City Council’s approval of Item 2.8.

Discussion/Action: Ordinance No. 26732, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the General Fund for Purposes Related to the Renewable Energy and Green Building Education program; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 71213, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71072 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2002-2003 to Adjust Revenues in the General Fund”, were adopted.
Vote: 11-0-0-0.

2.9 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Willis Insurance Services of California, Inc. to provide broker services for an Owner Controlled Insurance Program for the Civic Center Project. (Finance)

Documents Filed: None.

Discussion/Action: This item was deferred to September 24, 2002.

2.10 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #6, and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project. (General Services)

Documents Filed: (1) Memorandum from Director of General Services Jose Obregon, dated August 26, 2002, recommending approval of said open purchase orders list #6. (2) Letter from the Treatment Plant Advisory Committee dated September 12, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: The award of open purchase orders List #6 was approved and the Director of General Services was authorized to execute to the purchase orders. Vote:
11-0-0-0.

2.11 Approval of Independent Police Auditor’s, Teresa Guerrero-Daley, travel:

(a) To Mexico City, Mexico, September 29 – October 6, 2002, to attend the “Senior Fellows Seminar on Mexico. Funding: Scholarship from the Mexican and American Solidarity Foundation.

(Item Continued on Next Page)

2.11 Approval of Independent Police Auditor’s, Teresa Guerrero-Daley, travel (Cont’d.)

(b) To Cambridge, Massachusetts, October 30 – November 4, 2002, to attend the National Association of Civilian Oversight of Law Enforcement (NACLOE). Funding: Independent Police Auditor General Funds.

(Independent Police Auditor)

Documents Filed: Memoranda from Independent Police Auditor Teresa Guerrero-Daley, dated August 30, 2002, requesting approval to travel to Mexico City, Mexico, and Cambridge, Massachusetts.

Discussion/Action: The requests for Independent police Auditor Teresa Guerrero-Daley to travel to Mexico City, Mexico, and Cambridge, Massachusetts, were approved.
Vote: 11-0-0-0.

2.12 Approval of an ordinance amending Chapter 11.40 of Title 11 of the San José Municipal Code to eliminate parking Meter Zones and establish Parking Meter Districts in Downtown and in certain Neighborhood Business Districts. Council District 3. CEQA: Exempt, PP02-08-219. (Transportation)

Documents Filed: Memorandum from Acting Director of Transportation James R. Helmer, dated august 26, 2002, recommending approval of said ordinance amending Chapter 11.40 of Title 11 of the San José Municipal Code.

Discussion/Action: Council Member LeZotte referred to Page 7 of the ordinance, noting that there is a disabled person’s exemption and a veteran’s exemption, and asked why they are separate. Deputy Director of Transportation Jim Ortbal responded that this portion of the ordinance is not being proposed for change, however Staff will review the section to determine if the disabled person’s placard would also be appropriate for veterans. Ordinance No. 26733, entitled: An Ordinance of the City of San José Amending Chapter 11.40 of Title 11 of the San José Municipal Code to Establish Parking Meter Districts”, was passed for publication. Vote: 11-0-0-0.

2.13 Approval of Council Member Forrest Williams’ travel to Las Vegas, NV, September 21-26, 2002, to attend the American Public Transportation Agency Conference. Funding: Santa Clara Valley Transportation Agency. (Williams)

(Rules Committee referral 9/11/02)

Documents Filed: Memorandum from Council Member Williams, dated September 9, 2002, requesting approval to travel to Las Vegas, Nevada.

Discussion/Action: The request for Council Member Williams to travel to Las Vegas, Nevada, was approved. Vote: 11-0-0-0.

2.14 Approval of Council Member Ken Yeager’s travel to Washington, D.C.,
October 2-6, 2002, to attend the Washington Metropolitan Conference on Transit and Livability (Rail-Volution). Funding: Valley Transportation Authority Funds. (Yeager) (Rules Committee referral 9/11/02)

Documents Filed: Memorandum from Council Member Yeager, dated September 10, 2002, requesting approval to travel to Washington, D.C.

Discussion/Action: The request for Council Member Yeager to travel to Washington, D.C., was approved. Vote: 11-0-0-0.

2.15 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Almaden Youth Association to engage qualified consultants to prepare and provide preliminary planning reports related to a proposed sports fields complex in the Almaden Valley Urban Reserve, in an amount not to exceed $50,000.

(b) Adoption of the following appropriation ordinance amendments in the Council District 10 Construction and Conveyance Tax Fund:

(1) Establish an Almaden Winery Center Conversion Project for $515,000.

(2) Decrease the Reserve: Park Acquisition and Development Project by $515,000.

(c) Adoption of the following appropriation ordinance amendments in the General Fund:

(1) Establish a McKean Road Sports Complex Project for $550,000.

(2) Decrease the Almaden Winery Center Conversion Project by $515,000.

(3) Decrease the General Fund Contingency Reserve by $35,000.

Council District 10. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services/Budget Office)

(Deferred from 9/10/02 – Item 2.5)

Documents Filed: None

Discussion/Action: This item was deferred to September 24, 2002.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – Meeting of September 4, 2002

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: Rules Committee Report of September 4, 2002.

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

(b) City Council

(1) Review September 17, 2002 Draft Agenda

The Committee recommended approval of the September 17, 2002 Council Agenda with one addition.

(2) Add New Items to September 10, 2002 Amended Agenda

The Committee recommended two additions to the September 10, 2002 Council Agenda.

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

(c) Education, Neighborhoods, Youth, and Seniors Committee

None Filed.

(d) Meeting Schedules - None Presented.

(e) The Public Record - None Filed.

(f) Boards, Commissions and Committees - None Presented.

(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee - None Presented.

(h) Administrative Reviews and Approval

(1) Workload assessment to modify the Municipal Code in regard to posting notice of tree removal. [06/12/02 Rules Committee Report, Item 3.2(g)(l) (Deferred from 08.28.02). Attachment: Memorandum from James Helmer, Acting Director of Transportation, dated August 30, 2002, recommending that the Rules Committee add an item to the September 9, 2002, Economic Development and Environment Committee agenda regarding notification procedures for street tree removal.

(h) Administrative Reviews and Approval)

(1) Workload assessment to modify the Municipal Code in regard to posting notice of tree removal.

The Committee directed the Administration to add the following item to the September 9, 2002 Economic Development & Environment

Committee Agenda: “Proposed amendment to the Municipal Code to direct the City Arborist’s Office to notify adjacent property owners on both sides of the street for a distance of 150 feet of a street tree proposed for removal.”

(2) Request from Council Member Campos to use Council General funds to attend the League of California Cities Annual Conference October 2-5, 2002, Long Beach, CA. Attachment: Memoranda from Council Member Nora Campos, dated August 26, 2002, requesting use of Council General funds; and from City Clerk Patricia L. O’Hearn, dated August 29, 2002, summarizing use of Council General Travel Budget to date.

The Committee approved Council Member Campos’ request to use Council General funds to attend the League of California Cities’ Annual Conference, October 2-5, 2002, in Long Beach, California.

(i) Oral Communications - None Presented.

(j) Adjournment - The meeting was adjourned at 2:15 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, the Rules Committee Report and actions of September 4, 2002, were accepted. Vote: 11-0-0-0.

3.2 Report of the Rules Committee –Meeting of September 11, 2002 – (Partial)

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: Partial Rules Committee Report of September 11, 2002.

(d) Meeting Schedules. Attachment: Memorandum from Gary Miskimon, Redevelop-ment Agency Liaison, dated September 9, 2002, requesting approval of a Redevelopment Agency Board Study Session.

The Committee recommended approval of a Redevelopment Agency Board Study Session on Downtown Retail on September 23, 2002, 1:30-5:00 p.m., in Council Chambers at City Hall.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, the Partial Rules Committee Report and actions of September 11, 2002, were accepted.

4.2 Approval of Report on reasonable accommodation with recommendation to take the following actions:

(a) Direct that the reasonable accommodation process continue to consider the business aspects of proposed uses on a case-by-case basis focusing on the impacts of those aspects in the zoning district.

(b) Direct that the reasonable accommodation process continue to consider the appropriate number of residents for each proposed use on a case-by-case basis.

(c) Direct the Administration to discuss with Santa Clara County the possibility of setting minimum operational standards, which may include limiting the number of residents at facilities and obtain City input on facilities under contract with the County or subject to County certification.

(d) Direct the City Attorney and the Administration to draft amendments to the Zoning Code to make the changes in procedure as follows:

(1) Eliminate an initial notice that has not undergone any analysis

(2) Refine what must be included in the application.

(3) Expand the noticing requirement to 300 feet, with direction to go to a greater noticing radius (500 or 1000 feet) to ensure that a sufficient number of adjacent property owners receive notice.

(4) Request a meeting with staff to go over the application and request a meeting for neighbors to attend.

(5) Issue the proposed decision stating that there will be an informal conference on site with staff and interested neighbors to discuss what is going on.

(6) At the Director's hearing the focus should summarize the issues discussed and resolved.

(7) Director's decision becomes effective 15 days after issuance if there is no appeal filed.

(8) If on Appeal to the Planning Commission, the Planning Commission cannot come to a decision, then the Director's decision stands.

(e) Direct the Administration to thoroughly keep records of the location of all residential facilities by licensing, certification, type, number of residents, date of establishment, zoning district, Council district; and to amend the reasonable accommodation guidelines to consider other residential care and service facilities and other reasonable accommodations granted within 300 feet of a proposed facility.

(f) Direct the City Manager to appoint a central person or system as a clearinghouse of all complaints to determine whether or not they have been resolved.

[Economic Development and Environment Committee 6/3/02 – Item 4.1(a)]

(Deferred from 6/18/02 – Item 4.2 et al., and 8/20/02 – Item 4.2)

Documents Filed: None.

Discussion/Action: This item was deferred to October 1, 2002 to be heard in the evening.

4.3 PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Title 19 of the San José Municipal Code to modify the current Parcel Map process by eliminating the Tentative Map requirement for most parcel maps. CEQA: Exempt, PP02-07-204. (Planning, Building and Code Enforcement) Citywide

(Continued from 8/20/02 – Item 4.4)

Documents Filed: (1) Memorandum from Planning, Building & Code Enforcement Department Director Stephen M. Haase, dated September 5, 2002, recommending approval of said ordinance amending Title 19 of the San José Municipal Code. (2) Proof of Publication of Public Hearing Notice, dated July 30, 2002, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Ordinance No. 26734, entitled: “An Ordinance of the City of San José Amending Sections 19.12.010 of Chapter 19.12; 19.16.010, 19.16.180, and 19.16.190 of Chapter 19.16; and 19.38.300 of Chapter 19.38, all of Title 19 of the San José Municipal Code, to Amend the Parcel Map Process Under the Subdivision Map Act”, was passed for publication. Vote: 11-0-0-0.

4.4 PUBLIC HEARING ON PETITION FOR TENTATIVE PARTIAL CANCEL-LATION OF LAND CONSERVATION CONTRACT (Williamson Act), for property consisting of 3.5 acres located on the northeast corner of Fleming Avenue and Warner Drive (Rolando Loera, Owner). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.

Contract No. 71-234 - District 5

(Continued from 8/20/02 – Item 11.3 and 8/27/02 – Item 4.3)

Documents Filed: None.

Discussion/Action: This item was deferred to October 15, 2002.

4.5 PUBLIC HEARING and adoption of a resolution vacating a portion of a public service easement lying within Lot 6 of Tract No. 9380 on the easterly side of Sunol Street, northerly of Park Avenue. CEQA: Negative Declaration, PDC00-11-116. Council District 6. SNI: Burbank/Del Monte. (Public Works)

Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated August 28, 2002, recommending public hearing and adoption of said resolution. (1) Proof of Publication of Resolution No. 71177, setting the Public Hearing to consider said vacation of a portion of public service easement, executed September 10, 2002, submitted by the City Clerk.

Discussion/Action: Upon Motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Resolution No. 71214, entitled: “Resolution of the Council of the City of San José Vacating a Portion of an Existing Public Service Easement (PSE) Within Lot 6, Tract No. 9380 on the Easterly side of Sunol Street, Northerly of Park Avenue”, was adopted. Vote: 11-0-0-0.

TRANSPORTATION SERVICES

6.1 Approval of the report from the San José Taxicab Advisory Team (“Team”) and:

(a) Direction to the City Manager and San José Redevelopment Agency Director to work with the Team to identify the funding needed to support the marketing and customer evaluation components of their recommendations;

(b) Direction to the Chief of Police to approve the proposed pilot temporarily suspending the issuance of permits to additional taxicab companies not licensed as of July 1, 2002; and,

(c) Amend the Taxicab Rate, Fares and Tariffs Resolution to increase the current per mile rate of $2.25 per mile (.25 per 1/9 mile) to $2.50 (.25 per 1/10), amending the flag drop from $2.00 (including 1/9 mile) to $2.00 per 1/10 mile), and maintain the same wait time calculation of $.20/36 seconds ($20 hour).

(City Manager’s Office/San José Taxicab Advisory Team)

(Deferred from 6/18/02 – Item 6.4 et al., and 8/27/02 – Item 6.1)

Documents Filed: None.

Discussion/Action: This item was deferred to October 15, 2002.

AVIATION SERVICES

8.1 Adoption of a resolution authorizing the City Manager to:

(a) Negotiate and execute a reimbursable agreement with the Federal Aviation Administration (FAA) for design and inspection services for navigational and visual aids for the Norman Y. Mineta San José International Airport 12R/30L Reconstruction and Extension Projects, for a period not to exceed three years, from the date of execution by the FAA, in an amount to be paid by the City not to exceed $930,029.

(b) Negotiate and execute an Equipment Transfer Agreement with the FAA for the transfer of ownership to the FAA of navigational and visual aid equipment purchased by the City in an amount of $600,000, for the Norman Y. Mineta San José International Airport 12R/30L Reconstruction and Extension Projects, at no cost to the FAA.

(c) Negotiate and execute a lease with the FAA for the navigational and visual aids for the Norman Y. Mineta San José International Airport 12R/30L Reconstruction and Extension Projects, for a year-to-year term not to exceed twenty years, at no cost to the FAA.

CEQA: Resolution No. 67380, PP 02-08-229. (Airport)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated August 26, 2002, recommending adoption of said resolution authorizing the City Manager to negotiate and execute said agreements and lease with the FAA.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortese, and unanimously carried, Resolution No. 71215, entitled: “A Resolu-tion of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Reimbursement Agreement, an Equipment Transfer Agreement and a Lease with the Federal Aviation Administration for Design and Inspection Services for Navigational and Visual Aids”, was adopted. Vote: 11-0-0-0.

PUBLIC SAFETY SERVICES

9.1 Approval of an ordinance amending Chapter 17.12 of the San José Municipal Code to adopt the 2001 California Fire Code with local amendments:

(a) To continue existing administrative provisions and local requirements related to fire prevention permitting, site access, storage, handling, and use of hazardous materials;

(b) To adopt new standards for access control devices;

(c) To adopt standards for Class I standpipe hose connection locations;

(d) To adopt additional safeguards for battery rooms;

(e) To adopt more restrictive requirements relating to Class I and Class II aboveground liquid storage tank;

(f) To adopt more restrictive requirements for fire protection systems at work stations and exhaust ducts.

CEQA: Exempt, PP02-09-244. (Fire)

(Rules Committee referral 9/11/02)

Documents Filed: Memorandum from Fire Chief Alarcon, dated September 12, 2002, recommending approval of said ordinance.

Discussion/Action: Council Member Williams commented that he did not see a reference to a helicopter for fighting fire. Mayor Gonzales noted that this would not be part of the Fire Code, but rather a budget item. Council Member Campos requested an explanation of the change in standpipe locations. Fire Chief Manny Alarcon explained that firefighters had requested that standpipes be placed in a more central location for easier access. Council Member Campos asked what is the timeframe for Staff reporting back to the Council on what other cities are doing regarding fire protection. Chief Alarcon responded that Staff would provide information to the Council in approximately sixty days. Upon motion by Council Member Yeager, seconded by Council Member Diquisto, and unanimously carried, Ordinance No. 26735, entitled: “An Ordinance of the City of San José Amending Chapter 17.12 of the San José Municipal Code to Adopt the 2001 California Fire Code with Local Amendments to Codify Existing Policies and Practices with Respect to Fire Prevention and Storage, Use and Handling of Hazardous Materials, and to Adopt Additional Requirements for Fire Department Overrides for Access Control Devices, Additional Requirement for Standpipe Outlet Connections at Specified Locations, Additional Safeguards for Battery Rooms, More Restrictive Requirements for Locations and Sizes of Aboveground Tanks Containing Flammable and Combustible Liquids, Additional Fire Suppression Requirements for Workstations and Exhaust Ducts, and to Make Express Findings of Fact that Such Local Amendments are Needed Because of Local Conditions”, was passed for publication. Vote: 11-0-0-0.

JOINT COUNCIL/REDEVELOPMENT AGENCY

The Redevelopment Agency Board convened at 2:00 p.m. to consider Item 10.1 in a joint session with the City Council

10.1 Approval of a settlement agreement among the Redevelopment Agency, the City, the Tech Museum of Innovation, and JB & DB, INC. dba Café Primavera at the Tech, to compensate the Museum and the Cafe in a combined amount of $313,604, for lost revenue caused by the closure of the building due to the Redevelopment Agency’s reconstruction of the acoustic ceiling. CEQA: Not a Project. (City Attorney’s Office/General Counsel)

(Rules Committee referral 9/11/02)

Documents Filed: Memorandum from City Attorney Richard Doyle, dated September 13, 2002, recommending approval of said settlement agreement.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams, and unanimously carried, the said agreement with JB & DB, Inc. was approved and its execution authorized. Vote: 11-0-0-0.

The Redevelopment Agency Board portion of the meeting was adjourned at 2:01 p.m.

CLOSED SESSION REPORT

Disclosure of Closed Session Action of September 17, 2002 Submitted by City Attorney, J. Richard Doyle:

A. Authority to File An Appeal in Litigation:

Case Name: Gonzales v. City of San José, et al.

Adverse Party or Parties: Gonzales, Huang, and Quin

Disclosure of Closed Session Action of September 17, 2002 Submitted by City Attorney, J. Richard Doyle: (Cont’d.)

A. Authority to File An Appeal in Litigation:

Case Name: Gonzales v. City of San José, et al. (Cont’d.)

Substance of Litigation: Trip-and-fall case where an individual is seeking damages against the City of San José. Summary Judgment granted to Huang and Quin.

Council Vote: Ayes: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Yeager; Gonzales.

Noes: None.

Absent: Williams

Disqualified: None.

B. Authority to Initiate Litigation Case As Amicus Curiae:

Case Name: Teter v. City of Newport Beach

Adverse Party or Parties: Teter

Substance of Litigation: Action seeking damages by an individual against the City of Newport Beach who was injured while in a detoxification facility. The person was injured by a third party.

Council Vote: Ayes: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Yeager; Gonzales.

Noes: None.

Absent: Williams

Disqualified: None.

C. Authority to Initiate Litigation Case As Amicus Curiae:

Case Name: Eastburn v. Regional Fire Protection Agency

Adverse Party or Parties: Eastburn

Substance of Litigation: This is an action by an individual who was injured in a home accident and seeks damages against a Fire Protection Authority that provided 911 dispatcher service.

Disclosure of Closed Session Action of September 17, 2002 Submitted by City Attorney, J. Richard Doyle: (Cont’d.)

C. Authority to Initiate Litigation Case As Amicus Curiae:

Case Name: Eastburn v. Regional Fire Protection Agency (Cont’d.)

Council Vote: Ayes: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Yeager; Gonzales.

Noes: None.

Absent: Williams

Disqualified: None.

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
9390	NE corner of Park Ave & Naglee Ave	6	Classic Communities Inc	26 SFR	13 SFD, 13 SFA	Approve
9336	NW corner of Aborn Rd & Murillo Ave	8	Summerhill Homes	72 SFR	72 SFD	Approve

RECESS/RECONVENE

The City Council recessed at 2:05 p.m. and reconvened at 7:05 p.m. in the Council Chambers, City Hall.

Present Council Members: Campos, Chavez, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr. Williams, Yeager; Gonzales.

Absent Council Members: Cortese (excused).

Assistant City Clerk Nancy Alford read the requests for continuance of the applications. Upon motion by Council Member Williams, seconded by Council Member Chavez, and unanimously carried, the below noted continuances were granted. Vote: 10-0-1-0. Absent: Cortese.

PUBLIC HEARINGS

11.1 PUBLIC HEARING ON STREET RENAMING of a proposed frontage road running parallel to the east of State Highway 87, between the northerly line of West Hedding Street and southerly line of Coleman Avenue to Guadalupe Road. CEQA: Exempt. Historical Landmarks Commission and Director of Planning, Building and Code Enforcement recommend renaming to El Pueblo Viejo. Planning Commission recommends renaming to Guadalupe Parkway Frontage Road (7-0-0).

District 3

(Continued from 12/4/01 – Item 11.1 et al., and 9/3/02 – Item 11.1)

Documents Filed: None.

Discussion/Action: This item was continued to October 1, 2002.

11.2 PUBLIC HEARING ON APPROVAL OF AN ORDINANCE AMENDING A DEVELOPMENT AGREEMENT WITH PALM CORPORATION for property located at the south side of State Route 237, between Zanker Road and North First Street, on 72.16 gross acres in the IP-Industrial Park Zoning District, to allow implementation of the Development Agreement by a time extension for development to construct and occupy at least 200,000 square feet by June 1, 2006 and to similarly construct and occupy an additional 300,000 square feet by December 31, 2008 (Palm, Inc., Owner/Developer). CEQA: Resolution No. 67510. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-1-1)

DA-3COM – District 4

(Continued from 8/20/02 – Item 11.2)

Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated August 30, 2002, transmitting the recommendation of the Planning Commission for adoption of an amendment to the 3Com Development Agreement between the City of San José and Palm, Inc. Corporation as proposed by the applicant. (2) Planning, Building & Code Enforcement Department Staff Report on Project File No. DA-3COM dated August 21, 2002, recommending approval of development agreement amendment. (3) Proof of Publication of Public Hearing Notice executed July 12, 2002, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing of the subject property. There was no discussion from the floor. Upon motion by Council Member Reed, seconded by Council Member Williams, and unanimously carried, the public hearing was closed, and Ordinance No. 26736, entitled: “An Ordinance of the City of San José Approving the Second Amendment to Development Agreement with Palm, Inc. (Formerly 3COM Corporation) Relative to the Development of Property in North San José”, was passed for publication. Vote: 10-0-1-0. Absent: Cortese.

11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of North First Street and East Gish Road, from CN Commercial Neighborhood Zoning District to PD Planned Development Zoning District, to allow a mixed use development of 3,230 square feet of ground floor commercial use and 22 multi-family attached residential units on 0.5 gross acre. (The Southland Corporation, Owner; BEC, Inc., Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 02-014 - District 3

(Continued from 6/18/02 – Item 11.13 et al., and 8/20/02 – Item 11.7)

Documents Filed: None.

Discussion/Action: This item was continued to October 1, 2002.

11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Almaden Expressway and McAbee Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow the addition of a drive-through lane and pick-up window to an existing fast food restaurant on 5.31 gross acres. (Moitozo, Owner; Henley/McDonald’s, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommend approval of a staff alternative design. Planning Commission recommends denial (4-3-0).

PDC 00-06-049 - District 10

(Continued from 8/6/02 – Item 11.4 and 8/20/02 – Item 11.8)

Documents Filed: None.

Discussion/Action: This item was continued to October 15, 2002.

11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of South Bascom Avenue, approximately 690 feet southerly of Curtner Avenue, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 9 single-family attached and 1 single-family detached residences on 0.63 gross acre. (James A. Cusato, Owner/Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 02-01-003 - District 9

Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated August 29, 2002, transmitting the recommendation of the Planning Commission for approval of the proposed rezoning. (2) Planning, Building & Code Enforcement Department Staff Report on Project File No. PDC02-01-003, dated
August 21, 2002, recommending approval of the proposed rezoning. (3) Proof of Publication of Public Hearing Notice executed August 16, 2002, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing of the subject property. There was no discussion from the floor. Upon motion by Council Member Diquisto, seconded by Council Member Dando, and unanimously carried, the public hearing was closed, and Ordinance No. 26737, entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of South Bascom Avenue Approximately 690 Feet Southerly of Curtner Avenue”, was passed for publication. Vote: 10-0-1-0. Absent: Cortese.

11.7 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of San Pedro Street, approximately 130 feet north of W. Saint James Street, from CG General Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 124 multi-family attached residential units on 0.77 gross acre. (Barry Swenson, Builder, Owner/Developer). CEQA: Resolution No. 64273. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 01-100 - District 3

Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated August 30, 2002, transmitting the recommendation of the Planning Commission for approval of the proposed rezoning. (2) Planning, Building & Code Enforcement Department Staff Report on Project File No. PDC01-11-100, dated August 22, 2002, recommending approval of the proposed rezoning. (3) Proof of Publication of Public Hearing Notice executed on August 16, 2002, submitted by the City Clerk.

Discussion/Action: Council Member Chavez directed Staff to work with the Redevelopment Agency to ensure as the next phase for the PD Permit that stronger materials are used for connections at stoops to the sidewalk. Mayor Gonzales opened the public hearing of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, and the public hearing was closed, and Ordinance No. 26738, entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated on the West Side of San Pedro Street Approximately 130 Feet Northerly of West Saint James Street”, was passed for publication. Vote: 10-0-1-0. Absent: Cortese.

11.3 PUBLIC HEARING ON CONFORMING REZONING of the property located north of East Taylor Street on the southeast side of 23^rd Street, from R-1-8 Residence Zoning District to R-M Residence Zoning District, to allow multi-family residential uses on 0.69 gross acres. (John Licking, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.

C 02-01-006 - District 3

(Continued from 3/19/02 – Item 11.10 et al., and 8/20/02 – Item 11.6)

Documents Filed: (1) Memorandum from Council Member Chavez dated September 16, 2002, recommending Council deny the proposed rezoning. (2) Planning, Building & Code Enforcement Department Staff Report on Project C02-01-006, dated February 27, 2002, recommending approval of the proposed rezoning. (3) Proof of Publication of Public Hearing Notice, executed on March 5, 2002, submitted by the City Clerk. (4) Approximately 1,526 petition signatures opposing re-zoning the site of 23^rd Street and Taylor Street for the purpose of building a drug and alcohol rehabilitation center, per San José C02-01-006.

Discussion/Action: Mayor Gonzales opened the public hearing. Council Member Chavez moved to deny the proposed rezoning as recommended in her memorandum of September 16, 2002; seconded by Council Member Dando. The following individuals spoke about the issue: Richard Scharaca, Peter Davis, Anna Cisneros presented the petition mentioned above Manuela Viamontes, Margie Garcia, Selda Sigala-Aguilar, Don Gagliasti, Northside Neighborhood Association, Mike Engelhardt, Lori Tawde, Gil Villagran, Kris Gregory, Ray Cisneros, David Wileg, Rafles Warnars. Richard Franco, representing the applicant, spoke in favor of the rezoning. Council Member Chavez thanked Mr. Franco and applicant John Licking and stated that she believes this is a land use issue and the Council needs to be thoughtful about the implications for the Route 101 interchange, BART, and Watson Park. She added that it is premature to rezone this property given the questions that need to be answered by the community. Council Member Yeager agreed that this is a land use issue and it is appropriate for the Council to debate the best use of the property until the implications are determined on the surrounding area. Council Member Reed stated that because of the Route 101 interchange and future BART station, which will not work well without the interchange, he would be supporting the motion. Council Member Dando stated that she believes this is a land use item that has implications for several Master Plan issues, and will be supporting the motion. Council Member Williams agreed that this is a land use decision and believes denying the rezoning is the right thing to do at this time. On a call for the question, the motion carried unanimously, the public hearing was closed, and City Council denied the proposed rezoning, as recommended in the memorandum from Council Member Chavez, dated September 16, 2002.

11.8 PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the south side of Curtner Avenue, approximately 700 feet easterly of Highway 87, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 425 single-family and multi-family residential units on a 60.2 gross acre site. (MTA Properties, Owner; Summerhill Homes, Developer). CEQA: Mitigated Negative Declaration.

PDC 02-042 - District 7

Documents Filed: Proof of Publication of Public Hearing Notice executed on September 6, 2002, submitted by the City Clerk.

Discussion/Action: This item was continued to October 1, 2002.

Open Forum

Eight individuals addressed Council regarding employment at Garden City and Bay 101 Cardclubs: Tran Nga, Theodore E. Davis, Connie Couts-Bay 101, Jason Jones-Garden City & Bay 101, Jeanette Cantu-Garden City, Seyla Van, Sandra Marquez-Garden City, and Gregory Colburn.

Adjournment

The Council of the City of San José adjourned in memory of Lark Chastain, dedicated wife, mother, and successful businesswomen who owned and operated her own employment agency in San José.

The Council of the City of San José adjourned at 7:55 p.m.

RON GONZALES, MAYOR

ATTEST:

NANCY ALFORD, ASSISTANT CITY CLERK