MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY JANUARY 9, 2001
The Council of the City of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Vacant: District 5
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of City of San José v. Ngo, Thomas, et al.; and City of San José v. Sabankaya, et al.; and (B) to confer with Legal Counsel regarding anticipated litigation of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code, and the initiation of litigation in a matter pursuant to subsection (c) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Vacant: District 5
Representing Troop #400, Boy Scouts Richard Lam, John Lin, Daniel McCue, Jeremiah McCullough-Matt, Aditya Rudrashki, Marcel Stieber, James Tao, Miles Ward, accompanied by Scout Master Gary McCue, conducted the Flag Ceremony. (District 1)
Boy Scout Marcel Stieber led in the Pledge of
Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-0-0-1. Vacant: District 5.
1.1 Presentation of a commendation to the San
José Firefighters Burn Foundation for its dedication and commitment to the
residents of the City of San José by helping residents who have been displaced
by fires in our community. (Fire)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Diquisto with Fire Chief Manuel P. Alarcon, Fire Engineer Mitchell Wisinski, Battalion Chief Thomas Afflixio, Firefighter Thomas Conry, Fire Investigator Ray Storms, Firefighter Anthony Ojeda, and Captain Cheryl Faltersack who accepted the commendation, acknowledged the volunteers and family members of the San José Firefighters, and expressed the Department’s appreciation for the support of the City Council. Mayor Gonzales thanked the Firefighters for their dedication and commitment to the residents of the City of San José, and asked the guests to stand and be recognized.
1.2 Presentation of plaque to Camille
Acayan for 1 year 6 months service on the Library Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented the plaque to Camille Acayan and expressed appreciation for Ms. Acayan’s participation in the development of the San José Library Master Plan and the passage of Measure O, San José’s Neighborhood Bond Initiative on the November 2000 ballot.
1.3 Presentation of a commendation to
the fire agencies that contained and suppressed the Berryessa foothills fire on
October 22, 2000. (Reed)
Documents Filed: None.
Discussion/Action: Council Member Reed and Fire Chief Manuel P. Alarcon joined Mayor Gonzales at the Podium, along with representatives from Fire Departments of the City of San José, the City of Sunnyvale, Santa Clara County, the City of Santa Clara, Moffett Field, the City of Milpitas, the City of Gilroy, and the California Division of Forestry. Fire Chief Alarcon expressed appreciation to all 145 men and women of these Fire Departments for their heroism and valor in the line of duty in effectively fighting the fire in the Berryessa Foothills, and for responding to San José’s call for help in assisting in saving the life and property of the City’s residents. On behalf of the City Council, Mayor Gonzales presented commendations to each Fire Department representative and reiterated the City’s gratitude and appreciation.
Mayor Gonzales and the City Council joined Council Member LeZotte in welcoming Scout Master Gary McCue and Boy Scouts Troop #400 from West San José. Boy Scout Marcel Stieber introduced the 6th graders, who attend Miller Middle School, John Muir Elementary School, and Santa Clara Christian School, and thanked the City Council for inviting the Troop to participate in today’s legislative session.
CONSENT CALENDAR
Upon motion
by Council Member Shirakawa, Jr., seconded by Council Member Diquisto and
unanimously carried, the Consent Calendar was approved and the below listed
actions were taken as indicated. Vote: 10-0-0-0-1. Vacant: District 5.
2.1 Final adoption of Ordinance No. 26196 –
Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain
findings.
[Deferred
from 9/19/00 – Item 6b(4) et al., and 12/19/00 – Item 6b(1)]
Documents Filed: None.
Discussion/Action:
This item was deferred to January 16,
2001.
2.2 Final adoption of Ordinance No. 26197 –
Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan,
the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment
Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the
Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan,
the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan,
the East Santa Clara Street Redevelopment Plan, the Almaden Gateway
Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda
Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the
Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the
Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the
Neighborhood Business Clusters Redevelopment Plan to effect the merger of said
Redevelopment Project Areas and making certain findings.
[Deferred
from 9/19/00 – Item 6b(5) et al., and 12/19/00 – Item 6b(2)]
Documents Filed: None.
Discussion/Action: This item was deferred to January 16, 2001.
2.3
Authorization for the City Manager to travel to San
Antonio, Texas, January 18 through January 20, 2001, to attend the Large Cities
Executive Forum.
(City
Manager’s Office)
Documents Filed: Memorandum from City Manager, Del D. Borgsdorf, dated December 12, 2000, recommending Council approve said travel request.
Discussion/Action: The travel for the City Manager was approved. Vote: 10-0-0-0-1. Vacant: District 5.
2.4 Approval of award of open purchase
orders for supplies, materials, equipment, and services for FY 2000-2001 #24,
and authorization for the Director of General Services to execute the purchase
orders. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated December 6, 2000, recommending Council approve said award of open purchase orders list, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 24 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.5 Adoption of a resolution authorizing
the City Manager to negotiate and execute a consultant agreement with Steven T.
Frederick Development Company to advise the City regarding its grant of funds
for the development of San José Smart Start program sites, for a period
beginning upon execution and ending on August 31, 2001, in an amount not to
exceed $100,000.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated December 6, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70101, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With the Steven T. Frederick Development Company to Provide Consultant Services Related to the Granting of San José Smart Start Program Funds for the Period Beginning Upon Execution of the Agreement and Ending on August 31, 2001 in An Amount Not to Exceed $100,000”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.6 Adoption of an appropriation
ordinance and funding sources resolution amendments in the General Fund to
provide financial support for one-time transition grant for the Workforce
Investment Act Youth Community Outreach and Recruitment, in the amount of
$250,000, and adoption of a resolution authorizing the City Manager to
negotiate and execute grant agreements with grant recipients in a total amount
not to exceed $250,000. (City Manager's Office)
Documents Filed: None.
Discussion/Action:
This item was dropped.
2.7 Approval
of an agreement with The Planning Collaborative for consultant services for the
Bellevue Park master plan and plans and specifications for a base fee amount of
$165,000, and $10,000 for additional services, for a total agreement amount not
to exceed $175,000. (Public Works)
Documents Filed: (1) Supplemental memorandum from Deputy Director of Public Works, Gordon Siebert, dated December 21, 2000, providing budget information obtained after the Project Service Memorandum was approved by the City Council on December 19, 2000, and recommending Council approve said consultant services agreement. (2) Memorandum from Deputy Director of Public Works, Gordon Siebert, dated December 21, 2000, recommending Council approve said consultant services agreement.
Discussion/Action: The consultant services agreement with The Planning Collaborative was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.8 Adoption
of a resolution authorizing the City Manager to negotiate and execute a
five-year lease agreement with Barnard Living Trust, Ronald and Michelle Lewis
for 10,459 useable square feet of office space for the Department of Parks,
Recreation and Neighborhood Services’ Gang Intervention Section consisting of a
two story office building located at 2695 Moorpark Avenue for a monthly rent of
$45,496.65 per month during the first year of the lease with annual increases
of approximately 4% to a maximum rate of $54,484.20 per month during the fifth
and final year of the lease. (Public
Works)
Documents
Filed: Memorandum from Deputy Director
of Public Works, James W. Foley, dated December 22, 2000, recommending Council
approve a five-year lease agreement with Barnard Living Trust, et al., for said
office space.
Discussion/Action: Resolution No. 70102, entitled: “A Resolution of the Council of the City of San José Delegating Authority to the City Manager to Negotiate and Execute a Five Year Lease With the Barnard Living Trust, Ronald and Michelle Lewis, et al., for 10,459 Useable Square Feet of Office Space Located at 2695 Moorpark Avenue”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.9 Final adoption of Ordinance No. 26273 –
Amends Section 23.02.800 of Chapter 23.02 and Sections 23.04.120, 23.04.310,
and 23.04.610 of Chapter 23.04, of the San José Municipal Code, to implement
certain recommendations of the Signage Advisory Committee and to allow
additional signage on large buildings in the Downtown Area.
Documents Filed: Proof of publication of the title of Ordinance No. 26273 executed on December 27, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26273 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.10 TRACT NO. 9311 - Southwest corner of
Stokes Street and Southwest Expressway - Stokes Development Company, LLC, A
California Limited Liability Company (Developer) - 93 single family attached
residential units. Approval of a parkland agreement and adoption of resolutions
approving the plans, final map, and contract for Tract No. 9311. CEQA: Negative
Declaration. (Public Works)
Documents Filed: Memorandum from Chief Deputy Director Rajeev Batra, dated January 9, 2001, recommending Council approve the parkland agreement and adopt said resolutions for Tract No. 9311.
Discussion/Action: The parkland agreement with Stokes Development Company, LLC, was approved and execution of the agreement authorized; Resolution No. 70103, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans For Tract No. 9311”; Resolution No. 70104, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9311”, and Resolution No. 70105, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9311”, were adopted. Vote: 10-0-0-0-1. Vacant: District 5.
STRATEGIC SUPPORT
3.3 Report of the Finance and Technology Committee – December 13,
2000
Documents Filed: Finance and Technology Committee Report of December 13, 2000.
(a) Consent Items.
Attachments: (1) Memorandum from Acting
Director of Finance, Mark Burton, dated November 21, 2000, transmitting the
Monthly Investment Report for October 2000. (2) Memorandum from City Auditor,
Gerald A. Silva, dated December 6, 2000, transmitting the written report of the
Office of the City Auditor’s activities for the month of October 15, 2000
through November 15, 2000 and schedule of audit costs for October.
(1) Monthly Investment Report for October 2000
(2) October Monthly Report
The Committee accepted the reports and approved the Consent Items.
(b) Monthly Financial Report for October 2000. Attachment: Memorandum from Budget Director, Larry D. Lisenbee, dated December 5, 2000, submitting the Monthly Financial Report for October 2000.
The Committee accepted the staff report and recommended that a review of the Transient Occupancy Tax distribution be added to the Finance and Technology Committee Workplan for 2001.
(c) Environmental Services Department Staff Report on Industrial and Commercial Inspection Program Audit Follow-Up. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated December 1, 2000, recommending Council accept the status report on the Industrial and Commercial Inspection Program audit.
The Committee accepted the status report.
(d) Finance and Technology Committee Workplan for January through June 2001. Attachment: Finance and Technology Committee Workplan for January through June 2001.
The Committee accepted the staff report.
(e) Proposed Lease and Construction Agreement for Phase III Expansion of Hayes Conference Center
This Item was reported to Council on December 19, 2000.
(f) Oral petitions
Bill Garbett spoke on Hayes Mansion and Edenvale Garden Park.
(g) Adjournment
The Committee adjourned at 11:05 a.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member LeZotte and unanimously carried, the Finance and Technology Committee Report and actions of December 13, 2000 were accepted. Vote: 10-0-0-0-1. Vacant: District 5.
3.5 Adoption of a resolution amending
Council Resolution No. 69517 to reflect changes to clarify the Council’s Order
of Business. (Mayor)
Documents Filed: Memorandum from Mayor Gonzales, dated January 4, 2001, recommending Council amend said resolution to reflect changes to Council’s “Order of Business”.
Discussion/Action: Referencing his January 4, 2001 memorandum on the revision of the agenda format to correspond with the City’s Service Areas, Mayor Gonzales stated the modifications proposed therein would be changed predicated on the new Council Committee structure and policy areas. This item was tabled and acted upon later in the meeting. [See Item 10.2 for adoption of the resolution, which includes changes approved at Item 3.5.]
ECONOMIC & NEIGHBORHOOD
DEVELOPMENT
4.2
PUBLIC HEARING ON CONFORMING
REZONING for the property located approximately 950 feet north of Oakland and
Brokaw Roads, from A-Agricultural Zoning District to I-Industrial Zoning
District, to allow commercial and retail use on a 0.75 gross acre site.
(Jaswont S. Gillon, Owner/Developer). CEQA: Resolution No. 60197. Director of
Planning, Building, and Code Enforcement recommends approval.
C 00-08-072 - District 4
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C00-08-072, dated December 15, 2000, recommending approval of the proposed Conforming Rezoning. (2) Public Hearing Notice to consider a change in Zoning for C00-08-072, dated December 4, 2000, and Proof of Publication executed on December 29, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning for the subject property. There was no discussion from the Floor. Upon motion by Council Member Reed, seconded by Council Member Shirakawa, Jr. and unanimously carried, the public hearing was closed and Ordinance No. 26278, entitled: “Ordinance of the City of San José Rezoning Certain Real property situated Approximately 950 Feet North of Oakland and Brokaw Roads”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.
4.3 PUBLIC HEARING ON CONFORMING PLANNED
DEVELOPMENT REZONING of the property located at the southeast corner of North
First Street and Baypointe Drive, from A(PD) Planned Development Zoning
District to A(PD) Planned Development Zoning District, to allow a new street
alignment and changes to building setback along Zanker Road, with no other
changes to existing Planned Development Zoning designation on a 61.9 gross acre
site. (Irvine Company, Owner/Developer). CEQA: Resolution No. 68667. Director
of Planning, Building, and Code Enforcement recommends approval. PDC 00-08-080
- District 4
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 00-08-080, dated December 14, 2000, recommending Council approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 00-08-080, dated November 20, 2000, and Proof of Publication executed on December 29, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming planned development 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. 26279, entitled: “Ordinance of the City of San José Rezoning Certain Real property Situated at the Southeast Corner of North First Street and Baypointe Drive”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.
4.4 Review and consideration of
opportunities to increase housing production in San José. (Mayor)
(Deferred from 12/19/00 – Item 9f)
Documents Filed: None.
Discussion/Action: This item was deferred to January 16, 2001.
4.5 Adoption of a resolution approving a
development waiver to allow a greater maximum floor area (FAR), number of
stories and height to accommodate three high-rise towers totaling approximately
860,000 net square feet of office space, with a maximum height of 280 feet
above grade (18 floors), at the northwest corner of Woz Way and Almaden
Boulevard on a 3.66 gross acre site in the C-3 zoning district. CEQA:
Resolution No. 68839.
(Redevelopment Agency)
Documents Filed: (1) Memorandum from Executive Director, Susan F. Shick, dated January 9, 2001, requesting that the City Council, pursuant to the exception set forth in the Zoning ordinance, authorize Boston Properties to exceed the maximum floor area, number of stories, and height development standards of the C-3 Zoning District. (2) Hard copies of the photo rendering of the Boston Properties’ development.
Discussion/Action: Council Members Chavez and Dando expressed their perspectives on the necessity for child-care programs and facilities and for bicycle access and pedestrian paths to the project, and asked Staff to work with the Developer to achieve the amenities and identify options for enhanced lighting. William J. Garbett spoke against the proposed action. Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr. and unanimously carried, Resolution No. 70106, entitled: “Resolution of the Council of the City of San José Approving a Development Waiver to Allow for a Greater Maximum Floor Area, Number of Stories and Height to Accommodate Three High-Rise Towers Totaling Approximately 860,000 Net Square Feet of Office Space, With a Maximum Height of 280 Feet Above Grade (18 Floors) at the Northwest Corner of Woz Way and Almaden Boulevard on a 3.66 Gross-Acre Site in the C-3 Zoning District”, was adopted and Staff directed to continue working with the Developer on issues related to childcare, widening of the pedestrian/bike paths, and options for enhanced lighting, and to return to Council with a status report on each. Vote: 10-0-0-0-1. Vacant: District 5.
TRANSPORTATION SERVICES
5.1 Report of the Transportation and Environment Committee – December
14, 2000
Documents Filed: Transportation and Environment Committee Report of December 14, 2000.
(a) Consent Calendar. Attachments: (1) Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 30, 2000, recommending acceptance of the Airport Acoustical Treatment (ACT) Program Quarterly Report No. 10 to be forwarded to the City Council for the meeting on January 9, 2001. (2) Memo-randum from Director of Environmental Services, Carl W. Mosher, dated November 30, 2000, recommending acceptance of the Second and Third quarter 2000 Status Reports for South Bay Water Recycling (SBWR).
(1) ACT Program Quarterly Report No. 10
(2) Second and Third Quarter 2000 Status Reports for South Bay Water Recycling
The Committee accepted the reports and approved the Consent Calendar.
(b) Continued Discussion of Taxi Cab Report
The City Council heard this Item on December 19, 2000.
(c) Status Report on Energy Efficiency Partnership with Pacific Gas and Electric Company Using Public Benefits Funds and Implementation Agreements. Attach-ment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 30, 2000, recommending acceptance of the status report on the Targeting Energy Efficiency Measures at Under-Served Populations (TEEM-UP) Project.
The Committee accepted the report.
Discussion/Action: See Item 7.1 for Council action taken.
(d) Cool Community: Report and Recommendations. Attachments: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 30, 2000, requesting authorization for the City Manager to negotiate an agreement with Pacific Gas and Electric Company under which the City would receive up to $502,000 in Public Goods Funds to conduct a program to encourage the upgrade to “Cool Roofs” in commercial/industrial buildings, and for City Staff to prepare a work plan and resource allocation plan for the cool Communities Program as part of the Green Building Program. (2) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated December 5, 2000, providing information pertaining to the City’s current street maintenance program and its affects on the Cool Community objectives. (3) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated December 5, 2000, recommending approval, in concept, of the establishment of a Working Group to examine current policies relating to the creation and preservation of San José’s tree canopy, with Staff to provide a scope of work and work group composition within 90 days.
(1) Pavement Maintenance and Cool Community Initiative
(2) Creation and Preservation of San José’s Street Tree Canopy
The Committee recommended approval of all recommendations included within the two reports.
(e) Status Report on 1996 Measure A+B Light Rail and Highway Projects. Attach- ment: Memorandum from Chief Deputy Director Rajeev Batra, dated November 30, 2000, providing the Committee with a status report on the light rail transit and highway projects that are within the City of San José and included in the 1996 Measure A+B Transportation Improvement program.
The Committee accepted the status report with no action required.
(f) Riparian Restoration Action Plan. Attachment: Memorandum from Planning, Building and Code Enforcement Director James R. Derryberry, dated November 30, 2000, recommending approval of the proposed Riparian Restoration Action Plan and Council’s adoption of the Plan.
The Committee accepted the report.
(g) Approval of the Transportation and Environment Committee Draft Workplan for January 2001-June 2001
The Committee deferred this item to the next regularly scheduled Committee meeting.
(h) Oral petitions
None Presented.
(i) Adjournment
The meeting was adjourned at 4:05 p.m.
Discussion/Action: Jennifer Peritz, representing Santa Clara Valley Audubon Society, spoke in favor of the Riparian Restoration Action Plan as recommended in Item 5.1(f). Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Transportation and Environment Committee Report and actions of December 14, 2000 were accepted with Item 5.1(c) acted upon at Item 7.1. Vote: 10-0-0-0-1. Vacant: District 5.
ECONOMIC
& NEIGHBORHOOD DEVELOPMENT
4.6 Approval of an ordinance authorizing
a one-time transfer of $600,000 from the Healthy Neighborhoods Venture Fund’s
anti-tobacco category to the education/health category for Cycle 2 (2001-2002)
under Ordinance No. 26140.
(City Attorney’s Office)
Documents Filed: Memorandum from Assistant to the City Manager, Deanna J. Santana, dated January 9, 2001, transmitting a copy of the staff report presented to the City Council on December 12, 2000 regarding the Healthy Neighborhoods Venture Fund.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, Ordinance No. 26280, entitled: “An Ordinance of the City of San José Authorizing a One-Time Transfer of $600,000 From the Anti-Tobacco Master Settlement Agreement Revenue Fund’s Anti-Tobacco Category to the Education Category For Cycle 2 (2001-2002) Under Ordinance No. 26140”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.
ENVIRONMENTAL & UTILITY
SERVICES
7.1 Adoption of a resolution authorizing
the City Manager to negotiate an agreement with PG&E to accept $502,000 in
Public Goods Funds for the establishment of a program to encourage the upgrade
to “cool roofs” in commercial/industrial buildings.
[Transportation
and Environment Committee referral 12/14/00 – Item 5.1(c)]
Documents Filed: Memorandum from Assistant to the City Manager, Deanna J. Santana, dated, January 9, 2001, transmitting a copy of the staff report presented to the Transportation and Environment Committee on December 14, 2000.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member LeZotte and unanimously carried, Resolution No. 70107, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Pacific Gas and Electric Company for the City to Receive Public Goods Funds in an Amount Not to Exceed $502,000 to Conduct a Program to Encourage Cool Roofs Upgrades in Commercial and Industrial Buildings”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
AVIATION SERVICES
8.1 Adoption of a resolution authorizing
the City Manager to execute two amendments to the Federal Aviation
Administration grant agreements as follows:
(a) Increase the grant
amount by $148,436, from $989,572 to $1,138,008, for Airport Improvement
Program Number 3-06-0226-34 for the reconstruction of Taxiway A.
(b) Increase
the grant amount by $231,164, from $3,158,711 to $3,389,875, for Airport
Improvement Program Number 3-06-0226-35 for the reconstruction of Taxiway Z.
CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated December 22, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, Resolution No. 70108, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute Two Amendments to Grant Agreements For AIP 34 and AIP 35 With the Federal Aviation Administration for Reconstruction of Taxiway A and Taxiway Z, Increasing the Amount of Grant AIP 34 By $146,436 to a Total of $1,138,008 and Increasing AIP 35 By $231,164 to a Total of $3,389,875, and to Accept the Grant Increases”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
Council Member LeZotte left Chambers at this point in the meeting.
JOINT COUNCIL/REDEVELOPMENT
AGENCY
The Redevelopment Agency Board
convened at 2:25 p.m. to consider items 10.1 and 10.2 in a joint session with
the City Council.
10.1 (a) Adoption by the City Council of a
response to written objections from property owners and taxing entities to the
adoption of the Neighborhood Business Clusters Redevelopment Plan and the
merger of the Neighborhood Business Clusters Redevelopment Plan into the San
Jose Merged Area Redevelopment Plan.
(b) Final
adoption of ORDINANCE NO. 26196 – Adopts the Neighborhood Business
Clusters Redevelopment Plan and makes certain findings.
(c) Final adoption of ORDINANCE
NO. 26197 – Amends the Julian-Stockton Redevelopment Plan, the Olinder
Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los
Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale
Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market
Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum
Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan,
the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The
Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the
Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the
Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the
Neighborhood Business Clusters Redevelopment Plan to effect the merger of said
Redevelopment Project Areas and making certain findings
(Deferred
from 9/19/00 – Item 11a et al., and 12/19/00 – Item 11d)
Documents Filed: None.
Discussion/Action: This item was deferred to January 16, 2001.
10.2 Discussion and approval of the
Redevelopment Agency and City Council Committee restructuring and appointments,
adoption of a City Council resolution amending the Council Rules Resolution,
and adoption of an Agency Board resolution amending the Agency bylaws. (Mayor)
(Rules in
Lieu referral 1/3/01)
Documents Filed: Memorandum from Mayor Gonzales, dated January 9, 2001, recommending Council approve the appointments for one year and the necessary changes to the Rules Resolution regarding committee structure for the City Council and the Redevelopment Agency.
Discussion/Action: With respect to Council Member Reed’s question regarding the Urban Design Review Board and the revisions recommended in Item #5 of Mayor Gonzales’ memorandum, City Attorney, J. Richard Doyle stated the revisions would be incorporated in an ordinance amendment and submitted to Council for consideration in February 2001. In addition, Mayor Gonzales asked Executive Director Susan F. Shick to provide the City Council and Redevelopment Agency Board with logistics to procedurally facilitate the transition of responsibilities from the Urban Design Review Board to the Redevelopment Agency Staff, thereby allowing for a comprehensive, consistent and non-duplicative review of Downtown projects. In response to Council Member Williams’ concern regarding the past achievements and the future role of the Urban Design Review Board, Susan Shick discussed four areas that distinguish the work of the Redevelopment Agency Staff from that of the Urban Design Review Board: (1) An Urban Review process that is carefully coordinated with the Planning Department. (2) Existence of the Urban Design Guidelines that is a component of the Downtown Strategic Plan. (3) Active involvement of a highly qualified urban design architect, representing a private firm. (4) Critical public review process, which in the Downtown includes the height and bulk waivers, site development permit appeals and Conditional Use permit Approvals. Mayor Gonzales suggested the Redevelopment Agency Staff monitor the process to ensure easy transition of those responsibilities. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, Resolution No. 70109, entitled: “A Resolution of the Council of the City of San José Amending the Rules for the Conduct of Its Meetings, and Superseding Resolution No. 69517”; and Redevelopment Agency Board Resolution approving the restructuring of the committees, were adopted. Vote: 9-0-1-0-1. Absent: LeZotte. Vacant: District 5.
The Redevelopment Agency Board
adjourned at 2:35 p.m.
Council Member LeZotte returned to Chambers during consideration of Item 3.4.
STRATEGIC SUPPORT
3.4 Interview applicants to fill three
vacancies on the San José Appeals Hearing Board for terms ending 12/31/04, with
one position designated for an attorney. (City Clerk)
(Deferred
from 12/12/00 – Item 9f and 12/19/00 – Item 9k)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated December 5, 2000, recommending Council interview four applicants to the San José Appeals Hearing Board to fill three positions, one position reserved for an attorney-at-law licensed to practice in the State of California.
Discussion/Action: The City Council interviewed four applicants for the three positions on the San José Appeals Hearing Board – Peter Constant, Cynthia Cobb, José Hernandez, and Janet Thompson – and on the first ballot cast, appointed Janet Thompson, attorney, and Peter Constant and Cynthia Cobb to fill three four-year terms ending December 31, 2004.
Ross Signorino commented on Measure I and the results of the September 1998 Mercury News survey related to the building of a new downtown City Hall.
The Council of the City of San José adjourned at 3:10 p.m. in memory of Senator Alan Cranston.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK