The Council of the City of San José convened in Regular Session at 9:30 a.m. in Council Chambers at City Hall.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:32 a.m. in Room 600 (A) to confer with Legal Counsel to discuss existing litigation pursuant to Government Code Section 54956.9 subsection (a) to consider the case of Horta, LLC v. City of San José; and (B) to confer with Legal Counsel to discuss anticipated litigation (1) pursuant to Subsection (b) of the Government Code Section 54956.9 in one (1) matter involving significant exposure to litigation; and (2) pursuant to Subsection (c) of the Government Code Section 54956.9 in one (1) matter regarding the initiation of litigation.
By unanimous consent, Council reconvened from Closed Session and recessed at 10:30 a.m. and reconvened in Special Session at 10:35 a.m. in Council Chambers, City Hall, for a Joint Meeting with the San José Redevelopment Agency Board, and the Santa Clara Valley Water District Board of Directors.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
Present: SCVWD Board - Directors Estremera, Kamei, Santos, Wilson, Zlotnick; Sanchez.
Absent: SCVWD Board - Director Judge.
JOINT CITY OF SAN JOSÉ/SANTA CLARA VALLEY
WATER DISTRICT MEETING.
10.1. Annual Status Report on cooperative efforts between the City of San José and the Santa Clara Valley Water District.
(a) Acceptance of the Annual Status Report on cooperative efforts between the City of San José (City) and the Santa Clara Valley Water District (District).
10.1 Annual Status Report on cooperative efforts between the City of San José and the Santa Clara Valley Water District. (Cont’d.)
(b) Acceptance of the recommendations of the South Bay Water Recycling (SBWR) Collaborative Effort and direct staff to provide a detailed analysis and present specific recommendations on the following proposals by December 2003:
(1) The needs, opportunities, and costs to enhance water quality to maximize the uses of recycled water in Santa Clara County:
(2) A framework and description of the institutional and financial requirements, and commitment requirements for the City and District for:
(a) A new, independent Joint Powers Authority that would own and operate the SBWR system, and
(b) A long-term comprehensive agreement between the Treatment Plant Joint Powers Authority (JPA) and the District related to operation of the SBWR system.
(3) Comparison of these two alternatives to the status quo clearly delineating advantages and disadvantages of each.
(c) Execute the Collaborative Action Plan and Agreement between the City of San José and the Santa Clara Valley Water District for the Development and Operation of Joint Trail Projects.
(d) Endorse the Use of a Master Maintenance Permit issued by the District to the City to allow the City to more efficiently plan, schedule, and implement its maintenance and other related work activities within or adjacent to the waterways.
(e) Approve continued participation in the Watershed Management Initiative and direct staff to report as necessary on any actions recommended by the WMI, including any budget implications associated with such actions.
(f) Direct staff to track the collaborative process that has been initiated for resolution of the issues related to the proposed Water Resources Protection Ordinance and to report back as necessary for direction on unresolved issues.
(g) Approval of the first amendment to the agreement between the Redevelopment Agency of the City of San Jose, the City of San Jose, and the Santa Clara Valley Water District for sharing of costs and other rights and obligations in connection with the construction of improvements by the US Army Corps of Engineers on the Guadalupe River, establishing the Agency’s total project contribution at $15,426,800 which includes previous payments of $5,126,800 towards its design and construction of recreational betterments, and clarifying the City’s responsibility for conveyance of easements required for the project and payment for associated hazardous waste clean up costs. (City Manager's Office/Redevelopment Agency)
CEQA: Not a Project. (City of San José/Santa Clara Valley Water District)
Documents Filed: See the
Minutes of the January 21, 2003 Joint City Council/ Santa Clara Valley Water
District Board meeting for the following documents filed: (1) Memorandum and
Status Report from City Manager Del Borgsdorf, and Chief Executive Officer Stanley
Williams of Santa Clara Valley Water District (SCVWD), dated December 20, 2002,
recommending acceptance of the Annual Status Report on cooperative efforts
between the City of San José and SCVWD and accept recommendations as specified
therein. (2) Memorandum from City Manager Del Borgsdorf and Redevelopment
Agency Executive Director Susan Shick, dated January 21, 2003, recommending
approval of the First Amendment to the agreement between the Redevelopment
Agency of the City of San Jose, the City of San Jose, and the Santa Clara
Valley Water District. (3) Memorandum and Status Report on cooperative efforts
between the City of San José and SCVWD from Director of Parks, Recreation and
Neighborhood Services Sara L. Hensley and Operating Officer of SCVWD Beau Goldie,
dated January 16, 2003, transmitting proposed agreements and exhibits in their
final form for review and approval and recommending approval of the proposed
Collaborative Action Plan and Agreement.
Discussion/Action: (For
full discussion, see the Minutes of the Joint City Council/Santa Clara Valley
Water District meeting of January 21, 2003). Mayor Gonzales stated this was the
second Joint Meeting of City of San José with the Santa Clara Valley Water
District (SCVWD), and introduced City Manager Del Borgsdorf for a Staff
presentation on the recommendations of the South Bay Water Recycling
Collaborative Effort and related directions to Staff.
Item 10.1(b) City Manager
Borgsdorf, aided by Chief Executive Officer Stan Williams for SCVWD made the
Staff presentation, and Assistant City Manager Mark Linder outlined joint
efforts on the recycled water project, the Guadalupe River project, and a water
shed initiative. District Assistant Operating Officer Melanie Richardson of the
Water Supply Management Division, and Division Manager Environmental Services
Mary Ellen Dick of City of San José gave a slide presentation of the South Bay
Recycling Collaborative effort, and responded to questions pertaining to the
two institutional arrangements suggested, such as forming a new official Joint
Powers Agreement, or entering into a long term operating agreement between the
two entities, a Joint Powers Operating Agreement and not a formal JPA, and
stated Staff is evaluating those against the status quo.
Mayor Gonzales suggested the City and the Water District take separate actions on each item, and supported the Staff recommendations to move forward with an analysis of both alternatives, and stated his preference would be for that to be accomplished in an expedited way, with Staff to come back at the first quarterly report, and determine how much time can be cut off the year long estimate. Chief Executive Officer Alan Gardner of Great Oaks Water Company addressed the City Council and the SCVWD Board and urged both entities to take the one-year investigation period as recommended by Staff.
Upon motion by Vice Mayor Dando, seconded by Council Member Yeager and unanimously carried, the recommendations of the SBWR collaborative effort were accepted, with Staff to report back within 3 to 4 months outlining a proposal on the steps to take beyond what has been outlined today. Vote: 11-0-0-0. Upon motion by Director Zlotnick, seconded by Director Estremera, and unanimously carried, the recommendations of the SBWR collaborative effort were accepted in concurrence with Vice Mayor Dando’s motion, including direction to SCVWD staff of the timeframe outlined in 3 to 4 months to bring back to the SCVWD Board the initial pros and cons of the JPA or Memorandum of Understanding (MOU), at which time the joint bodies make a decision of moving forward with one alternative and start with detailed discussions. Vote: 6-0-1-0. Absent: Judge.
Item 10.1(g) District Assistant Operating Officer Dave Chesterman of the Watershed Management Division gave a PowerPoint slide presentation updating the downtown Guadalupe River project, and Redevelopment Program Manager Dennis Korabiak stated that in the next few months, Council will be receiving the Urban Design Policies for development along the Guadalupe River, developed by the Guadalupe River Task Force, and recommended proceeding with the joint proposal of the Water District and the City to seek compatible development along the river. Upon motion by Director Estremera, seconded by Director Santos, and unanimously carried, the first amendment to the agreement between the San José Redevelopment Agency, the City of San José, and the Santa Clara Valley Water District, for sharing costs, and other rights and obligations associated with the Guadalupe River improvement project, was approved. Vote: 6-0-1-0. Absent: Judge. Upon motion by Council Member Chavez, seconded by Council Member Yeager, and unanimously carried, the first amendment to the agreement between the San José Redevelopment Agency, the City of San José, and the Santa Clara Valley Water District, for sharing costs, and other rights and obligations associated with the Guadalupe River improvement project, was approved. Vote: 11-0-0-0. Mayor Gonzales called for public testimony. Kathleen Muller presented the City Council and the Santa Clara Valley Water District Board Members with a book entitled “Life Along the Guadalupe River” by the Friends of Guadalupe River Park & Gardens to acknowledge the leadership on the flood protection project and the river park.
Item 10.1(e) Michael Stanley Jones of the Silicon Valley Toxic Coalition gave a slide presentation on the Watershed Management Initiative. Upon motion by Vice Mayor Dando, seconded by Council Member LeZotte, and unanimously carried, continued participation in the Watershed Management Initiative was approved, and Staff was directed to report back as necessary on any actions, including budget implications associated with such actions by the WMI. Vote: 11-0-0-0. Upon motion by Director Zlotnick, seconded by Director Kamei, and unanimously carried, continued participation in the Watershed Management Initiative was approved, and the above referenced Staff direction was approved. Vote: 6-0-1-0. Absent: Judge.
Item 10.1(c) Director of Parks, Recreation and Neighborhood Services Sara L. Hensley and, Assistant Operating Officer Beau Goldie of the SCVWD, gave a slide presentation on the status of the collaborative efforts between the City of San José and the SCVWD and on the proposed Collaborative Action Plan and Agreement between the City of San José and SCVWD for the development and operation of Joint Trails Projects. Referencing the list of possible trails in Exhibit B, Vice Mayor Dando stated there are a number of properties in San José where community members are using the trails in and around SCVWD or City property, and encouraged Staff to review those places to see what is needed to open those up within the next 30 to 60 days, and asked Staff to return with a list of those projects that can be opened within 60 days, to review those trail projects being developed with grants pending and develop an up-to-date list of projects that should be moved to the front of the list. Council Member Campos expressed concern about the criteria for the prioritization of trails. Director Hensley replied Parks, Recreation and Neighborhood Services will investigate equitable distribution of trails and how to provide a system wide program that will meet the needs of all residents of San José, and within the Santa Clara Valley Water District. Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Collaborative Action Plan and Joint Agreement for the development and operation of the Joint Trails Projects, was approved. Vote: 11-0-0-0. Upon motion by Director Santos, seconded by Director Kamei, and unanimously carried, the Collaborative Action Plan and Joint Agreement for the development and operation of the Joint Trails Projects, was approved. Vote: 6-0-1-0. Absent: Judge.
10.1(f) Director of Planning, Building and Code Enforcement Stephen M. Haase spoke about the collaboration process that has been initiated for resolution of the issues related to the proposed Water Resources Protection Ordinance with direction for Staff to report back as necessary for direction on unresolved issues. He requested a revision to the recommendation that Staff “participate” rather than to “track” the collaborative process, and with the agreement of the SCVWD, the City of San José be allowed to have two representatives in that process. Upon motion by Council Member Chavez, seconded by Council Member Cortese, and unanimously carried, Staff was directed to participate in the collaborative process that has been initiated for resolution of issues related to the proposed Water Resources Protection Ordinance and report back as necessary for direction on unresolved issues. Vote: 11-0-0-0. Upon motion by Director Zlotnick, seconded by Director Sanchez, and unanimously carried, the above referenced Staff direction was approved. Vote: 6-0-1-0. Absent: Judge.
10.1(a)&(d) Council Member Reed stated on the Annual Status Report on quarterly cooperative effort reports an item was left out. He stated he served on the Board of the Pollution Prevention Center which is a collaborative venture between the Santa Clara Valley Water District, City of San José, the County of Santa Clara, and industry and environmental groups funded by the City during the early years and by the SCVWD the last several years, and it is a piece of unfinished business between the Water District and the City that ought to be referred to this cooperative discussion. He cited several ways the funding can come in, such as operating budget or specific grants for work program items that are on the work plan, and stated the City and Santa Clara Valley Water District’s view is somewhat different about what should be done in this collaborative effort, and requested that the issue be referred for Staff to include in the cooperative effort. Upon motion by Vice Mayor Dando, seconded by Council Member LeZotte, and unanimously carried, the Annual Status Report on cooperative efforts between the City of San José and Santa Clara Valley Water District was accepted, and Staff directed to include in cooperative discussions, how to relate to the Pollution Prevention Center Board, and the use of a Master Maintenance Permit issued by the Santa Clara Valley Water District to the City of San José to more effectively plan, schedule, and implement its maintenance and other related work activities within or adjacent to the waterways. Vote: 11-0-0-0. Upon motion by Director Zlotnick, seconded by Director Estremera, and unanimously carried, the Annual Status Report was accepted, and the above referenced Staff direction was approved. Vote: 6-0-1-0. Absent: Judge
The Joint meeting of
the Council City of San José, the San José Redevelopment Agency and the Santa
Clara Valley Water District was adjourned at 12:25 p.m.
By unanimous consent, Council reconvened from Special Session and recessed at 12:25 p.m. and reconvened at 1:34 p.m. in Council Chambers, City Hall.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
Invocation
Reverend Art Lum of the Chinese Church in Christ, accompanied John Yuen
who sang an inspirational song both in English and Chinese. (District 1)
Pledge of Allegiance
Mayor Gonzales led the Pledge of Allegiance.
Orders of the Day
Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Orders of the Day, and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
1.1 Presentation of a commendation to
Jean La Duc for being recognized as “Member of the Year” by the California
Agricultural Production Consultants. (General Services)
Documents Filed: None.
Discussion/Action: Mayor Gonzales was
joined by Director of General Services Jose Obregon to present the California
Agricultural Production Consultants Association (CAPCA) “Member of the Year”
award, and a commendation from the City of San José to Jean La Duc. Her
husband, Larry La Duc was also recognized.
1.3 Presentation of plaque to Alex Stuart for 8 years 10 months service on the Campaign Finance Review and Ethics Board. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented
a plaque to Alex Stuart for 8 years and 10 months of service on the Board and
for his many years as its Chair. Mr. Stuart recommended changing the name of Campaign
Finance Review and Ethics Board to “Elections Board.”
CONSENT CALENDAR
Upon motion by Council Member Chavez, seconded by Council Member Yeager, and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 11-0-0-0.
2.3 Approval of a first amendment to the Memorandum of Understanding (MOU) between the City of San José and San José Unified School District regarding the recreational use of certain property in the South Almaden Urban Reserve, extending the term of the MOU to January 22, 2004. (City Attorney’s Office)
Documents Filed: Memorandum
from City Attorney Richard Doyle, dated January 14, 2003, recommending approval
of the first amendment to the Memorandum of Understanding between the City of
San José and San José Unified School District, regarding the recreational use
of certain property in the South Almaden Urban Reserve, extending the term of
the MOU to January 22, 2004.
Discussion/Action: The first amendment to Memorandum of Understanding between the City of San José and San José Unified School District was approved, extending the term of the MOU to January 22, 2004. Vote: 11-0-0-0.
2.4 Approval of award of the sole source purchase of 350 parking meters and 350 parking housings to Duncan Industries for a total cost of $180,385.50, including tax and delivery, and authorization for the Director of General Services to execute the purchase order. CEQA: Exempt, PP 03-01-001. (General Services)
Documents Filed: Memorandum
from Director of General Services Jose Obregon, dated December 11, 2002,
recommending award of said sole source purchase of 350 parking meters and 350
parking housings to Duncan Industries (Harrison, AR) and authorize the Director
of General Services to execute the purchase order.
Discussion/Action: Pursuant to Subsection 4.12.020 of the San José Municipal Code, the award of the sole source purchase to Duncan Industries (Harrison, AR) was approved, and the Director of General Services was authorized to execute the purchase order. Vote: 11-0-0-0.
2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #21, 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 December 11,
2002, recommending the award of open purchase orders for supplies, materials,
equipment and services for FY 2002-2003 #21 and authorization for the Director
of General Services to execute the purchase orders (2) Letter from the
Treatment Plant Advisory Committee, dated January 9, 2003, stating concurrence
with the Staff recommendation.
Discussion/Action: The award of open purchase orders List No. 21 for Fiscal Year 2002-2003 was approved, and the Director of General Services was authorized to execute the purchase orders. Vote: 11-0-0-0.
2.6 Adoption of a resolution authorizing the Director of General Services to:
(a) Negotiate and execute a one-year agreement for elevator and escalator preventive maintenance and repair services with Thyssenkrupp Elevator, at a total cost of $161,712 for the first year; and
(b) Approve a supplemental fund amount not to exceed $40,000 in amendments or change orders for the initial term of the agreement, to cover any unanticipated repairs not covered under the agreement; and
(c) Exercise four one-year options to renew the agreement without further Council action other than appropriation of funds.
CEQA: Not a Project. (General Services)
Documents Filed: (1)
Memorandum from Director of General Services Jose Obregon, dated December 11,
2002, recommending adoption of said resolution. (2) Letter from the Treatment
Plant Advisory Committee, dated January 9, 2003, stating concurrence with the
Staff recommendation.
Discussion/Action: Resolution No. 71389,
entitled: “A Resolution of the Council of the City of San José Authorizing the
Director of General Services to Negotiate and Execute an Agreement for Elevator
and Escalator Maintenance and Repair with Thyssenkrupp Elevator”, was adopted.
Vote: 11-0-0-0.
2.7 Adoption of a resolution authorizing the City Manager to:
(a) Negotiate and execute an agreement with Law Enforcement Psychological Services, Inc. to administer psychological testing services for the period October 1, 2002 to September 30, 2003, in an amount not to exceed $147,685; and
(b) Exercise up to four one-year options to extend the term of the agreement with Law Enforcement Psychological Testing Services, Inc. in which compensation for psychological testing and professional services shall be increased in each subsequent year by the percentage increase in the Consumer Price Index from June of the prior year to June of the current year. The rate for Personal History Questionnaires will not be increased during the option year periods.
CEQA: Not a Project. (Police)
Documents Filed: Memorandum
from Chief of Police William Lansdowne, dated December 11, 2002, recommending
adoption of said resolution.
Discussion/Action: Resolution No. 71390, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Law Enforcement Psychological Services in the Area of Hiring Police Recruit, Reserve, and Dispatcher Applicants”, was adopted. Vote: 11-0-0-0.
2.8 Report on bids and approval to reject all bids received for the Norman Y. Mineta San José International Airport - Modular Parking Office Project, and authorization for the Director of Public Works to re-advertise and re-bid the project. CEQA: Resolution No. 67380, PP 02-05-106. (Public Works)
(Deferred from 12/17/02 – Item 2.17 and 1/14/03 – Item 2.3)
Documents Filed: (1)
Memorandum from Director of Public Works Katy Allen, dated November 25, 2002,
recommending approval of award of said purchase, with related contingency, to
the low bidder, Design Space Modular Buildings, Inc. (2) Supplemental
memorandum from Director of Public Works Katy Allen, dated January 14, 2003,
recommending approval to reject all bids for the Norman Y. Mineta San José
International Airport, and authorize the Director of Public Works to
re-advertise and re-bid the project.
Discussion/Action: The rejection of all
bids for the Norman Y. Mineta San José International Airport was approved, and
Director of Public Works was authorized to re-advertise and re-bid the project.
Vote: 11-0-0-0.
2.9 Approval to ratify the appointment of Pat Dando as Vice Mayor. (Mayor) (Rules Committee referral 1/15/03)
Documents Filed: None
Discussion/Action: The appointment of Pat Dando as Vice Mayor of the City of San José was approved. Vote: 11-0-0-0.
2.10 Adoption of a resolution authorizing the City Manager to negotiate and execute a fund transfer agreement with the State of California’s Department of Transportation (Caltrans) for the receipt of grant funding to study a section of the Coyote Creek Trail between Selma Olinder Park and Kelley Park, including a trail connection to the Spartan/Keyes Neighborhood, in an amount not to exceed $144,042, and approve the minimum ten percent match required of $14,042. CEQA: Exempt, PP03-01-002. Council District 3. SNI: Spartan/Keyes. (Parks, Recreation and Neighborhood Services)
(Orders of the Day)
Documents Filed: Memorandum
from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley,
dated January 8, 2003, recommending adoption of said resolution.
Discussion/Action: Council Member Chavez questioned what Staff’s goal was in relation to the process of encumbering grant funding, and Director of Parks, Recreation and Neighborhood Services Sara L. Hensley replied that the department was currently working on a process to capitalize on the opportunity for money that can be obtained, or matched in order to move forward on a facility, trail, or park effort. She stated the goal is to set timelines that would reflect a more timely generation of paperwork, as well as the planning, design and trails development. She stated Staff is scrutinizing all grants that each department is applying for in order to avoid duplication, departmentally attach a key person to be responsible for the timelines, and to monitor the proper channels for approvals and matching funds, and this schedule should be presented to the Council February 2003. Resolution No. 71391, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Fund Transfer Agreement and All Necessary Related Documents with the State of California’s Department of Transportation (CALTRANS) for the Receipt of Grant Funding through the Environmental Justice Program to Perform Planning Study on a Section of the Coyote Creek Trail Between Selma Olinder Park and Kelley Park, in an Amount Not To Exceed $144,042, and Approve the Required Minimum Ten Percent Match for the Grant Funding in an Amount Not To Exceed $14,042”, was adopted. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
STRATEGIC SUPPORT SERVICES
3.1 Report of the Study Session – May 22, 2002
Mayor Gonzales, Chair
(a) Proposed
2002-2003 Operating Budget
Documents Filed: Report of
the City Council Study Session of May 22, 2002, on the Proposed 2002-2003
Operating Budget.
Discussion/Action: Upon
motion by Council Member Chavez, seconded by Vice Mayor Dando, and unanimously
carried, the Report of the City Council Study Session of May 22, 2002, on the
Proposed 2002-2003 Operating Budget, was accepted. Vote: 11-0-0-0.
3.4 Approval of a continuation agreement providing a six-month extension to June 30, 2003 of the existing agreement, at no additional cost, with Miller & Van Eaton for consulting services associated with the renewal of the cable franchise agreement. CEQA: Not a Project. (City Manager's Office)
Documents Filed: None.
Discussion/Action: This item
was dropped from the agenda.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.2 Approval of an ordinance amending Chapter 13.28 of Title 13 of the San José Municipal Code to allow licensed contractors to trim, prune, or cut street trees and to allow residents to trim, cut, or prune street trees in emergency situations without the necessity of obtaining a permit and imposing certain notification obligations on a selling or transferring property owner to the purchaser or transferee regarding the condition and existence of street trees on the residential property. (Transportation)
[Economic Development & Environment Committee referral 12/2/02 – Item 4.1(e)]
(Deferred from 12/17/02 – Item 4.8)
Documents Filed: None.
Discussion/Action: This item
was deferred to February 4, 2003.
4.3 PUBLIC HEARING and adoption of a resolution vacating a portion of the street and an existing public service easement on Union Avenue between Woodard Road and Stratford Avenue, and reserving a public service easement. CEQA: Negative Declaration. Council District 9. (Public Works)
Documents Filed: (1)
Memorandum from Director of Public Works Katy Allen, dated December 11, 2002,
recommending conduction a public hearing and adoption of said resolution. (2)
Proof of Publication of the title of Resolution No. 71345, executed on January
10, 2003, submitted by the City Clerk.
Discussion/Action: Upon
motion by Council Member Chirco, seconded by Council Member Chavez, and
unanimously carried, Resolution No. 71392, entitled: “A Resolution of the
Council of the City of San José Vacating a Portion of the Street on Union
Avenue and Reserving a Public Service Easement (PSE), and Vacating a Portion of
a PSE on Union Avenue Between Woodard Road and Stratford Avenue”, was adopted. Vote:
11-0-0-0.
4.4 Adoption of a resolution:
(a) Rescinding the current Council Policy 9-3 prohibiting the installation of community identification signs other than those of a historical nature; and
(b) Adopting a replacement policy based on the proposed guidelines and criteria for allowing community identification signs and architectural/gateway monuments within the public right-of-ways outside the Greater Downtown Area.
(Planning, Building and Code Enforcement)
[Economic Development & Environment Committee referral 12/2/02 – Item 4.1(b)]
(Deferred from 12/17/03
– Item 4.6 and 1/14/03 – Item 4.3)
Documents Filed: None.
Discussion/Action: This item
was deferred to January 28, 2003.
TRANSPORTATION SERVICES
6.1 Report on bids and award of contract for the Smart Intersections Program Communications System 2002 (Phase 1, Package B Project) to the low bidder, Prism Engineering, Inc., in the amount of $707,317 for the base bid, and approval of a contingency in the amount of $70,730. CEQA: Exempt, PP 02-04-092. SNI: Tully/Senter. (Public Works)
(Deferred from 12/17/02 – Item 6.1)
Documents Filed: None.
Discussion/Action: Council Member Campos asked why installation of the signal lights listed as Items 3 and 10 of the report dated November 25, 2002, are not scheduled to move forward, and Director of Public Works Katy Allen stated there were insufficient funds to award add alternates for the work along Moorpark and Story Road (items 3 and 10), and those projects would be awarded at a future date in another program; the next time funds are available, those streets will be considered along with the other intersections that are scheduled. Council Member Campos requested that these two streets be considered with a higher priority than the other intersections in that program when funding becomes available, and Mayor Gonzales replied he had no problem with that recommendation with the understanding that there are times when conditions come to the Staff’s attention that are recognized at a higher priority, than one that is currently listed. Council Member Campos stated the Staff report states that 545 of the traffic signals are connected to the Traffic Management Center and requested a copy of that list, and Director Allen replied she would work with the Department of Transportation to provide that information.
Council Member Campos expressed concern that Prism Engineering, the low bidder, had been previously awarded two construction contracts but had issues on paying prevailing wage on both contracts. Director Allen confirmed that Prism Engineering has made restitution for the back wages on the two current projects, and stated Staff is working closely with them in order to guarantee that prevailing wages are being paid, and in this particular case, the contractor is aware that if the City has problems with this contract, Staff would recommend Council begin a debarment hearing process.
Council Member Campos expressed concern that Council would be unaware if a recommended contractor had a history of not paying prevailing wage and questioned how many other contracts are coming before Council that are not paying prevailing wage. Director Allen replied that Staff is diligently interviewing contractors and their employees, and reviewing certified payrolls to guarantee that prevailing wages are being paid, and stated Staff produces quarterly and bi-monthly reports to the City Manager’s office as to the efforts of the Office of Equality Assurance to ensure compliance with prevailing, and living wage provisions, which are provided to Council as annual performance measures. Council Member Campos stated she would like to have that quarterly report provided to the Council Members for review, and Director Allen replied she would collaborate with the City Manager and provide a report to Council through the City Manager’s office. City Attorney Richard Doyle stated the Request For Proposal specifications make it clear that contractors are required to pay prevailing wage, and contractors are on notice that Staff would commence a debarment process if they fail to pay prevailing wage under this contract. Council Member Gregory requested, referring to the traffic signals section of the staff report, a list of the signal lights that are not connected to the Traffic Management Center.
Council Member Chavez expressed concern that in reading this proposal, she would not have known that Prism Engineering was having problems paying prevailing wage, irrespective of how it happened, that information should have been presented to Council, and she was not in support of the recommendation. She requested a copy of the City’s prevailing wage, procedures and policies be distributed to Council, and Equality Assurance Director Nina Grayon replied that her office would provide that ordinance. Council Member Chavez suggested listing the signal lights according to the Strong Neighborhood Initiative (SNI) area in the Staff report, which would be helpful when Council is considering future decisions regarding the SNI program, particularly during the current budget crisis. Council Member Reed requested a list of names of contractors that were not meeting City of San José specifications and asked when previously requested recommendations for a prevailing and living wage enforcement program would come to Council, and City Attorney Doyle stated enforcement recommendations would come back to Council through the appropriate committee. Council Member Cortese requested if possible, Staff require that contractors with previous compliance problems provide wage breakdowns as part of the bid process.
Council Member Cortese moved that Council defer this item for one week to give the contractor an opportunity to report back on the contractor’s wage/trade breakdown for the Office of Equality Assurance to review for prevailing wage compliance. Council Member Gregory seconded the motion. Council Member Williams stated Council should consider in the future requiring contractors to confirm they are paying a living wage before submitting a Request For Proposal to the City of San José. Council Member LeZotte requested that Staff respond in a week as to the status of the signal lights that are being deferred the next phase, especially the Moorpark section that runs from Cypress to 880, and through the intersection of Moorpark and Winchester, specifically why the signal light installation was not coordinated with the reconfiguration of the intersection currently underway. Mayor Gonzales concurred with her comments, and suggested Staff try to coordinate signal light installations with other projects.
On a call for the question, the
motion carried unanimously, and this item was deferred to January 28, 2003,
with Staff directed to: (1) Report back on the contractor’s wage/trade
breakdown for review of prevailing wage compliance; (2) Provide quarterly
reports on prevailing wage compliance by City contractors, provide debarment
regulations, report to Council through the appropriate committee on
recommendations for an enforcement program for prevailing and living wage
requirements, and include in future Staff reports any previous noncompliance on
the part of a contractor; (3) Maintain Items 3 and 10 of Phase I at a high
priority on the list of the next phase, provide the status of the 802 traffic
signal intersections indicating which communicate with City’s Traffic
Management Center and which do not, include SNI areas on the list, and (4)
Report back on coordination of Item 3, Moorpark Avenue from Cypress Avenue to
Thornton Avenue, traffic signal with the current reconfiguration in process.
Vote: 11-0-0-0.
6.2 Approval of an ordinance amending Section 11.48.100 of Chapter 11.48 of Title 11 of the San José Municipal Code for the addition of the 300 block of Saint John Street into the Arena Permit Parking Area, which includes the following segments:
(a) The north side of Saint John Street from a point fifty-two feet east of North River Street to a point two hundred twenty-one feet east of North River Street;
(b) The south side of Saint John Street from a point thirty-four feet east of North River Street to a point one hundred fifty-two feet east of North River Street.
CEQA: Exempt, PP02-11-358. Council District 3. (Transportation)
(Deferred from 12/17/02 – Item 6.2)
Documents Filed: Memorandum
from Acting Director of Transportation James R. Helmer, dated November 25,
2002, recommending approval of said ordinance.
Discussion/Action: Upon
motion by Council Member Chavez, seconded by Vice Mayor Dando, and unanimously
carried, Ordinance No. 26813, entitled: “An Ordinance of the City of San José
Amending Section 11.48.100 of Chapter 11.48 of Title 11 of the San José
Municipal Code to Add the 300 Block of Saint John Street to the Arena
Residential Permit Parking Area”, was passed for publication. Vote: 10-0-1-0.
Absent: Reed.
6.3 Adoption of a resolution to amend the Master Parking Rate Schedule to revise the Downtown Cinema Validation Program through the following actions:
(a) Add parking facilities that accept Downtown Cinema Validations;
(b) Provide a maximum of three and one-half hours of free parking to patrons of regularly scheduled movies in Cinemas in the Downtown Area; and
(c) Grant the authority to the Director of Transportation to add or delete parking facilities, as appropriate, to the Downtown Cinema Validation Program.
CEQA: Not a Project. Council District 3. (Transportation)
Documents Filed: None.
Discussion/Action: This item
was deferred to January 28, 2003.
ENVIRONMENTAL & UTILITY SERVICES
7.1 PUBLIC HEARING and approval of an ordinance establishing Rule 20A Underground Utility District bounded by Interstate 880, Route 87, and Coleman Avenue. CEQA: Exempt, PP02-10-306. Council District 3. (Public Works)
Documents Filed: (1)
Memorandum from Director of Public Works Katy Allen, dated January 7, 2003,
recommending conducting a public hearing and approval of an ordinance
establishing a Rule 20A Underground Utility District bounded by Interstate 880,
Route 87 and Coleman Avenue. (2) Certificate of Mailing of Notice of Public
Hearing, executed December 13, 2002, filed by the Department of Public Works.
Discussion/Action: Mayor
Gonzales opened the public hearing. Kathleen Muller, and William Garbett spoke
on the issue. Upon motion by Council Member Chavez, seconded by Vice Mayor
Dando, and unanimously carried, the public hearing was closed, and Ordinance
No. 26814, entitled: “An Ordinance of the City of San José Establishing an
Underground Utility District Bounded by Interstate 880, Route 87 and Coleman
Avenue”, was passed for publication. Vote: 10-0-1-0. Absent: Reed.
AVIATION SERVICES
8.1 Adoption of a resolution authorizing the City Manager to submit an application to the Federal Aviation Administration (FAA) to amend the scope of the City’s authority to collect and expend Passenger Facility Charges for the Green Island Bridge and Interim Air Cargo Ramp Expansion projects. CEQA: Exempt, PP02-12-375. (Airport)
Documents Filed: Memorandum
from Director of Aviation Ralph G. Tonseth, dated December 11, 2002,
recommending adoption of said resolution.
Discussion/Action: Upon
motion by Council Member Williams, seconded by Council Member Cortese, and
unanimously carried, Resolution No.
71393, entitled: “A Resolution of the Council of the City of San José
Authorizing the City Manager to Submit an Application to the Federal Aviation
Administration to Amend the Scope of the City’s Authority to Collect and Expend
Passenger Facility Charges for the Green Island Bridge and Interim Air Cargo
Ramp Expansion Projects”, was adopted. Vote:
10-0-1-0. Absent: Reed.
8.2 Adoption of a resolution extending the moratorium on authorizations granted under Article X(B)2 of the Airport Noise Control Program (Resolution No. 57211) to operate during the curfew hours of 11:30 p.m. to 6:30 a.m. at the Norman Y. Mineta San José International Airport, for an additional period of one hundred eighty (180) days, pending further investigation and study of requests to operate during such period, the potential effects of such requests, and a study of alternatives for restructuring the Airport Noise Control Program. (City Attorney’s Office)
(Rules Committee referral 1/15/03)
Documents Filed: Memorandum
from City Attorney Richard Doyle, dated January 16, 2003, recommending adoption
of a resolution extending the moratorium on granting authorizations to operate
during the curfew period at the Airport pursuant to Article X (B)(2) of the
Airport Noise Control Program.
Discussion/Action: Upon
motion by Council Member Chavez, seconded by Council Member Cortese, and
unanimously carried, Resolution No. 71394, entitled: “A Resolution of the
Council of the City of San José Extending the Moratorium on Granting
Authorizations to Operate during the Curfew Period at the Norman Y. Mineta San
José International Airport Pursuant to Article X(B)(2) of the Airport Noise
Control Program for a Period of One Hundred Eighty Days”, was adopted. Vote:
10-0-1-0. Absent: Reed.
Open forum
(1) William Garbett spoke on the cable television franchise.
(2) Gregory Colburn spoke on the City of San José’s budget.
RECESS/RECONVENE
The City Council recessed at 2:35 p.m. and reconvened at 7:04 p.m. in the Council Chambers, City Hall.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
CEREMONIAL ITEMS
1.2 Presentation of a commendation to members of the Evergreen Youth Advisory Council for their contribution to the 2002 Day in the Park, a Multicultural Festival. (Cortese)
Documents Filed: None.
Discussion/Action: Mayor Gonzales was
joined by Council Member Cortese for presentation of commendations to Evergreen
Youth Advisory Council members, Ngoc-Anh Nguyen, Ngoc-Lan Nguyen and Lily
Tavassoli for their contribution to the 2002 Day in the Park by creating,
planning and organizing the “Hair Drive”.
1.4 Presentation of a plaque from the United Neighborhoods of Santa Clara County to the Mayor and City Council commemorating the partnership between the UNSCC, San José neighborhood associations, and the City of San José. (Mayor)
(Rules Committee referral 1/15/03)
Documents Filed: None.
Discussion/Action: A plaque was presented
to Mayor Gonzales and the City Council by Scott Shultz, the new Chairman of
United Neighborhoods of Santa Clara County, commemorating City Watch Day,
January 21, 2003.
Mayor Gonzales called for public
testimony. The following individuals spoke on United Neighborhood partnerships:
Bill Hughes, Linda Ray Hermann, and Loraine Wallace Rowe.
1.5 Presentation of a commendation to members of the Presentation High School Varsity Volleyball Team for winning the State Championship in Division III. (Yeager) (Orders of the Day)
Documents Filed: None.
Discussion/Action: Mayor
Gonzales and Council Member Yeager commended Presentation High School’s Women
Varsity Volleyball Team, the Panthers, in recognition of their achievements.
Mayor Gonzales presented a plaque to the Panther’s coach, Stephen Santonastaso,
and tee shirts were presented to Mayor Gonzales and Council Member Yeager as a
token of the Panthers’ appreciation.
1.6 Presentation of a commendation to Melissa Grelli, member of the Presentation High School Varsity Cross-Country Team for winning the Division III State Championship.
(Yeager) (Orders of the Day)
Documents Filed: None.
Discussion/Action: Mayor Gonzales and
Council Member Yeager commended Melissa Grelli for her outstanding first place
achievement in the Cross Country division, running a 5K in 17 minutes and 59
seconds. Mayor Gonzales presented a plaque to Coach Chris Kozort.
PUBLIC HEARINGS
Assistant City Clerk Nancy Alford read the requests for continuance of the applications. Upon motion by Council Member Chavez, seconded by Council Member Cortese, and unanimously carried, the below noted continuances were granted. Vote: 11-0-0-0.
11.1 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwestern corner of Northrup Street and Interstate 280, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow a maximum of 14 single-family attached residential units on 0.72 gross acre. (Blackwell Brothers Development Company, Owner/Developer). CEQA: Draft Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend denial (5-1-1)
PDC 02-058 - District 6
(Continued from 12/17/02 – Item 11.5)
Documents Filed: (1)
Memorandum from Council Member Yeager, dated January 17, 2003, recommending
approval of the proposed Planning Development Rezoning with the following
conditions: (a) Increase the side setbacks to the northern property line to
allow for heavy landscaping to further reduce the noise impact of the adjacent
freeway; (b) Increase the front setback of the five units facing Northrup
Street to improve the street interface; (c) Increase the landscaping setbacks
along the southern boundary; (d) Reorient the windows along the northern
boundary to lessen the visual impact of the adjacent sound wall; (e) Increase
the size of the private open space to meet the minimum standards of 300 sq
ft/unit; (f) Remove the trash enclosure and provide individual household bin
pickup; (g) The applicant should submit a revised plan set to Planning Staff
noting these changes prior to the second reading of this PD Zoning; (h) The
applicant should work with Planning Staff to develop the appropriate
development standards for the revised site plan. (2) Memorandum from Secretary
of Planning Commission Stephen M. Haase, dated November 25, 2002, recommending
approval to deny subject Planned Development Rezoning. (3) Report of the Staff
of the Department of Planning, Building and Code Enforcement, dated November
13, 2002, recommending approval to deny subject rezoning Project File No.
PDC-02-058. (4) Proof of Publication of Notice of Public Hearing, executed on
November 6, 2002, submitted by the City Clerk.
Discussion/Action: Mayor
Gonzales opened the public hearing on the Planned Development Rezoning of the
subject property. Jerry Strangis spoke for the applicant, Blackwell Brothers
Development Company. Upon motion by Council Member Yeager, seconded by Council
Member Chavez, and unanimously carried, the public hearing was closed, the
memorandum from Council Member Yeager, dated January 17, 2003, recommending
approval of the subject Planned Development Rezoning, with the conditions
specified therein, was approved, and Ordinance No. 26815, entitled: “An
Ordinance of the City of San José Rezoning Certain Real Property Situated at
the Southwestern Corner of Interstate 280 and Northrup Street”, was passed for
publication. Vote: 11-0-0-0.
11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Winchester Boulevard and Neal Avenue (890 S. Winchester Blvd.), from CN Neighborhood Commercial District to A(PD) Planned Development Zoning District, to allow single-family attached residential uses (21 townhomes) on a 1.1 gross acre site. (Delta I LLC, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 02-071- District 6
Documents Filed: None.
Discussion/Action: This item was continued to March 4, 2003.
11.3 PUBLIC HEARING ON CONFORMING REZONING of the property located at the south side of West Virginia Street, approximately 150 feet westerly of South First Street (30 West Virginia Street), from LI Light Industrial Zoning District to RM Multi-Family Residential Zoning District, to allow residential use on 0.16 gross acre. (Ngoc V. Tran, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 02-079 - District 3
Documents Filed: (1) Report
of the Staff of Department of Planning, Building and Code Enforcement on
Project File No. C-02-079, dated December 17, 2002, recommending approval of
the subject rezoning. (2) Proof of Publication of Notice of Public Hearing,
executed on January 7, 2003, submitted by the City Clerk.
Discussion/Action: Mayor
Gonzales opened the public hearing on the Conforming Rezoning of the subject
property, and there was no discussion from the floor. Upon motion by Council
Member Chavez, seconded by Vice Mayor Dando, and unanimously carried, the
public hearing was closed, the recommendation of the Planning Director was
approved, and Ordinance No. 26816, entitled: “An Ordinance of the City of San
José Rezoning Certain Real Property Situated at the South Side of West Virginia
Street Approximately 150 Feet Westerly of South First Street (30 West Virginia
Street) From LI – Light Industrial Zoning District to RM – Multi-Family
Residential Zoning District”, was passed for publication. Vote: 11-0-0-0.
11.4 PUBLIC HEARING ON CONFORMING REZONING of the property located on the block bounded by North First, East Taylor, Miller, and Asbury Streets, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow an increase of up to 18,000 square feet of groundfloor commercial uses to a previously approved mixed-use project with up to 400 attached dwelling units, and 7,000 square feet of commercial space including live-work uses on 2.8 gross acres. (Green Valley Corp, Owner; Barry Swenson Builder, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforce- ment recommends approval. No Planning Commission action required.
PDC 02-089 - District 3
Documents Filed (1) Report of
the Staff of the Department of Planning, Building and Code Enforcement on
Project File No. PDC-02-089, dated December 17, 2002, recommending approval of
the subject rezoning. (2) Proof of Publication of Notice of Public Hearing,
executed on January 7, 2003, submitted by the City Clerk.
Discussion/Action: Mayor
Gonzales opened the public hearing on the Conforming Rezoning of the subject property.
Council Member Chavez asked for clarification that approval of this amendment
would not change any of the conditions that were originally attached to the
development on this site. Director of Planning, Building and Code Enforcement
Stephen M. Haase replied that this is a use issue for the first floor that also
allows commercial uses.
Marc Boyd spoke against the proposed rezoning. Council Member Chavez asked if there were changes in height to any of these buildings, and Director Haase replied that this proposal does not change the height of the building or the site plan, it changes the use that is allowed on the first floor of the building to also allow commercial and mixed use. He stated that currently it is permitted or zoned for residential, so there is no change in any of those items, and the parking is adequate based upon Council’s approval last year. To Council Member Chavez’s question as to why commercial is being considered on the ground floor, he stated restrictions of a building permit do not allow residential on ground floor use as this area is in a flood plane. He stated flood control projects to remedy the situation are years away and until those maps can be revised, this applicant is unable to use the first floor as residential based on the City’s enforcement of Federal Emergency
Management Agency (FEMA)
requirements, therefore, he explained, the builder requested, and Staff
concurred with their request to allow commercial on the ground floor in order
to use that space. Upon motion by Council Member Chavez, seconded by Vice Mayor
Dando, and unanimously carried, the public hearing was closed, and Ordinance
No. 26817, entitled: “An Ordinance of the City of San José Rezoning Certain
Real Property Situated on the Block Bounded by North First, Taylor, Miller, and
Asbury Streets”, was passed for publication. Vote: 11-0-0-0.
11.5 PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of Bascom Avenue, approximately 150 southerly of Forest Avenue, from A(PD) Planned Development Zoning District to CP Pedestrian Commercial Zoning District, to allow commercial uses on a 0.62 gross acre site. (Barry Mirkin, Owner/Developer). CEQA: Resolution No. 64589. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 02-076 - District 6
Documents Filed: (1) Report
of the Staff of the Department of Planning, Building and Code Enforcement on
Project File No. C02-076, dated December 18, 2002, recommending approval of the
subject rezoning. (2) Proof of Publication of Notice of Public Hearing,
executed on January 7, 2003, submitted by the City Clerk.
Discussion/Action: Mayor
Gonzales opened the public hearing on the Conforming Rezoning of the subject
property, and there was no discussion from the floor. Upon motion by Council
Member Yeager, seconded by Council Member Chavez, and unanimously carried, the
public hearing was closed, and Ordinance No. 26818, entitled: “An Ordinance of
the City of San José Rezoning Certain Real Property Situated the West Side of
Bascom Avenue, Approximately 150 Feet Southerly of Forest Avenue to CP
Pedestrian Commercial 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 Dow Drive, approximately 250 feet northerly of Farm Drive (3080 Dow Drive), from A (PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow 16 single-family detached residences on 4.3 gross acres (Pinn Brothers, Inc., Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
PDC 02-100 - District 6
Documents Filed: (1) Report
of the Staff of the Department of Planning, Building and Code Enforcement on
Project File No. PDC02-100 dated December 17, 2002, recommending Council
approve the subject. (2) Proof of Publication of Notice of Public Hearing,
executed on January 7, 2003, submitted by the City Clerk.
Discussion/Action: Mayor
Gonzales opened the public hearing on the Conforming Planned Development
Rezoning of the subject property, and there was no discussion from the floor.
Upon motion by Council Member Yeager, seconded by Council Member Chavez, and
unanimously carried, the public hearing was closed, and Ordinance No. 26819,
entitled: “An Ordinance of the City of San José Rezoning Certain Real Property
Situated at the East Side of Dow Drive Approximately 250 Feet Northerly of Farm
Drive (3080 Dow Drive) to A(PD) Planned Development Zoning District”, was
passed for publication. Vote: 11-0-0-0.
Open Forum
Daniel Garza spoke regarding issues of Plata Arroyo Park.
A petition signed by thirty two residents of Casa del Pueblo requesting
the City of San José set up a “No Parking” sign in front of the Fairmont Hotel,
and paint the curb blue, was filed.
Adjournment
The Council of the City of San José adjourned in memory of Tamara K.
Seebach, the only daughter of Florence Seebach, Secretary to the Federated
Retirement Board.
The Council of the City of San José adjourned at 7:47 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK