MINUTES OF THE CITY COUNCIL
SAN JOSÉ,
CALIFORNIA TUESDAY,
AUGUST 21, 2001
The
Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members - Campos, Chavez,
Cortesé, Dando, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - Shirakawa,
Jr. (excused)
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of: (1) City of San José; (2) Morgan v. Hicks; (c) Royal Insurance Company v. City of San José; (4) City of San José v. Morgan Hill Unified School District, et al.; and to discuss anticipated litigation in one (1) matter pursuant to Subsection (c) Government Code Section 54956.9.
By
unanimous consent, Council reconvened from the Closed Session and recessed at 10:55
a.m. and reconvened at 1:33 p.m. in the Council Chambers.
Present: Council Members - Campos, Chavez,
Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - None.
Invocation
Under the leadership of Cipriano
Galindo, Director, and Michelle Avila, Instructor, Groupo Folkloric Dancers
Felicia Landeros, Sylvia Barrientos, Elaine Nieto, Ashley Traylor, Candice
Guillen, Corina Nieto, and JuliAnn Valerio from the Alma Community Center,
performed as the Alika del Nayar de San José. (District 7)
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, Item 1.4 was rescheduled to the evening session, and the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
1.1 Presentation of plaque to David Marshall for 2 years service on the Airport Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented the plaque to David Marshall and thanked the volunteer for the service to the City of San José.
1.2 Presentation of commendations from the Home Builders Association and the Chamber of Commerce to the Department of Public Works’ Development Services Division and Ron Conn, Division Manager for 30 years of service.
(City Manager’s Office)
Documents Filed: None.
Discussion/Action: Mayor Gonzalez, City Manager Del Borgsdorf, and Acting Director of Public Works Rajeev Batra were joined at the Podium by Tom Armstrong from the Home Builders Association, Jim Cunneen from the San José-Silicon Valley Chamber of Commerce, and Jerry deYoung from Development Engineers who congratulated Ron Conn on his retirement and his 30 years of outstanding public service to the City of San José. Jim Cunneen presented a plaque to Ron in recognition of the Division Manager’s goal-oriented leadership and dedicated commitment to the implementation of recommendations, which were developed from the 1992 Business Climate Study, and continued improvement of customer communications and the streamlining of the development review process. Jim, Jerry and Tom presented commendations to Ron in recognition of the consistent efforts of the Development Services Division to work effectively with its customers; and on behalf of the City Council, Mayor Gonzales presented a special award to the honoree in appreciation of the many years of outstanding service as a City employee. City Manager Del Borgsdorf and Acting Director of Public Works Rajeev Batra acknowledged Ron for his extraordinary achievements in the development community and the City of San José.
1.3 Presentation of a commendation to San José RACES for donating volunteer services to the City. (Emergency Services)
Documents Filed: Memorandum from Dr. Frances Edwards-Winslow, Director, Office of Emergency Services, dated August 1, 2001, recommending Council present said commendation to San José RACES.
Discussion/Action: Joining Mayor Gonzales at the Podium were Radio Amateur Civil Emergency Service (R.A.C.E.S.) volunteers Dave Pratt, Chief Radio Operator, John Amos, Coordinator, and Sr. Communications. On behalf of the 140-member organization, Trish and Dave accepted the commendation that was presented by Mayor Gonzales, who commended San José R.A.C.E.S. for their continuing service to the community, and urged all citizens to familiarize themselves with the value of alternative communications systems during a disaster.
1.5 Presentation
of a commendation to Fernando Mendoza for his life saving efforts to rescue a
fellow citizen. (Mayor)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium was Fernando Mendoza who accepted the commendation in recognition for the bravery and quick thinking that saved the life of a San José resident.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams, and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 11-0-0-0.
2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #4, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Francis B. McVey, Acting Director, General Services Department, dated August 1, 2001, recommending Council approve Open Purchase Order list #4 for FY 2001-2002 and authorize the Director of General Service to execute the purchase orders.
Discussion/Action: The award of open purchases orders for FY 2001-2201 List #4 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.
2.4 Approval of the appointment of Council Member Cortese to the Revolving Loan Fund. (Mayor)
Documents Filed: Memorandum from Mayor Ron Gonzales, dated August 6, 2001, recommending the appointment of Council Member Cortese to the Revolving Loan Fund.
Discussion/Action: The appointment of Council Member Cortese as Council liaison to the Revolving Loan Fund was approved. Vote: 11-0-0-0.
2.5 Adoption
of a resolution authorizing the City Manager to negotiate and execute a site
lease agreement for communications antenna placement and corresponding rack
space from Pinnacle Towers, Inc. at their Mount Chual facility, for an initial
term of 60 months, with three automatic 60-month renewal options, for a total
term of 240 months, at a rental rate of $1,339.80 per month during the first
year with annual increases of 4 percent throughout the lease term. (Public Works)
Documents Filed: Memorandum from Rajeev Batra, Acting Director, Public Works Department, dated August 1, 2001, recommending Council authorize the City Manager to negotiate and execute said site lease agreement and corresponding rack space from pinnacle Towers, Inc.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 70582, entitled, “Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Antenna Site Lease Agreement with Pinnacle Towers, Inc., was adopted. Vote: 11-0-0-0.
2.6 (a) Approval of an agreement with Bellecci & Associates, Inc. for consultant services including project design and preparation of construction documents for the new Monterey Road Streetscape Improvement Project - Keyes Street/Curtner Avenue, for the period August 21, 2001 to September 30, 2003, in the amount of $391,000. Council Districts 3 and 7. SNI: Spartan/Keyes and Washington.
(Public Works)
(b) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund) for the Monterey Corridor Median Improvement Project with a net impact to the fund of $226,000, and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements.
(City Manager’s Office)
Documents Filed: (1) Memorandum from Rajeev Batra, Acting Director, Public Works Department, dated August 1, 2001, recommending Council approve said agreement with Bellecci & Associates. (2) Memorandum from Larry D. Lisenbee, Budget Director, dated August 7, 2001, recommending Council adopt said appropriation and related revenue resolution amendments, and adopt a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements.
Discussion/Action:
William J. Garbett spoke in opposition to the proposal. Ordinance No. 26463,
entitled, “Ordinance of the City of San José
Amending Ordinance No. 26141 to Appropriate Moneys in the Services for
Redevelopment Capital Projects Fund in the Amount of $226,000 for the Monterey
Corridor Median Improvement Project; and Providing that this Ordinance shall
become Effective Immediately upon adoption”; Resolution No. 70583, entitled,
“Resolution of the Council of the City of San José Amending Resolution No. 70438 Setting Forth
the Estimated Sources of Funds for the Fiscal Year 2001-2001 to Adjust Revenues
in the Services for Redevelopment
Capital Projects Fund”; and Resolution No. 70584, entitled, “Resolution of the
Council of the City of San José making
Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds
on Certain Public Improvements in the Monterey Corridor Redevelopment Project
Area”, were adopted. Vote: 11-0-0-0.
2.7 Approval of a Parking Lot Lease Agreement between the City of San José and Michael G. Akatiff and Christy D. Akatiff in the amount of $120,000 for the first year, with annual cost of living adjustments using the Consumer Price Index for the term of the agreement for the period September 1, 2001 to August 31, 2006. Council District 3. (Transportation)
Documents Filed: Memorandum from Wayne K. Tanda, Director, Department of Transportation, dated August 1, 2001, recommending Council approve said agreement.
Discussion/Action: The Parking Lot Lease Agreement between the City of San José and Michael G. Akatiff and Christy D. Akatiff was approved and its execution authorized. Vote: 11-0-0-0.
2.8 Appointment of the Independent Police Auditor to a four-year term, and approval of an employment agreement with Teresa Guerrero-Daley to provide services as Independent Police Auditor. (Mayor)
(Rules Committee referral 8/15/01)
Documents Filed: None.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. The appointment of the Independent Police Auditor to a four-year term, and an employment agreement with Teresa Guerrero-Daley to provide services as Independent Police Auditor, were approved. Vote: 11-0-0-0.
2.9 Report on bids and award of contract for the Central Service Yard Emergency Generator Project to the low bidder, Steiny and Co., Inc., in the amount of $270,620, and approval of a contingency in the amount of $30,000. CEQA: ND.
(Public Works)
(Deferred from 6/5/01 – Item 2.14 et al., and 8/14/01 – Item 2.15)
Documents Filed: (1) Memorandum from Rajeev Batra, Acting Director, Public Works Department, dated May 21, 2001, recommending Council award said contract to the low bidder, Steiny and Co., Inc. (2) Supplemental memorandum from Francis B. McVey, Acting Director, General Services Department, and from Rajeev Batra, Acting Director, Public Works Department, dated August 8, 2001, presenting the proposed usage of the emergency electrical generator.
Discussion/Action: This item was dropped from the agenda.
END OF CONSENT
CALENDAR
(a) May 10, 2001- Proposed FY 2001-02 Capital Budget, FY 2002-06 Capital Improvement Program, and FY 2001-02 Operating Budget.
(b) May 11, 2001 – Proposed FY 2001-02 Operating Budget.
Documents Filed: (1) Report of the May 10, 2001 Study Session
on the Proposed 2001-2002 Capital and 2002-06 Capital Improvement Program Budgets, and the
Proposed 2001-2002 Operating Budget. (2) Memorandum from Larry D. Lisenbee,
dated May 8, 2001, Budget Director, transmitting the 2001-2002 Budget Study
Session Agendas (32)
Hard copies of slide presentations given by Staff on the 2001-2001 Capital and 2002-2006 Capital Improvement Program budgets for (a) City Facilities and
Equipment, and (b)r Environmental and Utility Services; the 2001-2002 Proposed Operating Budget, and 2001-2001 Budget
for Recreation and Cultural Services. (4) Report of the May 11, 2001 Study Session on the FY2001-02
Operating Budget.
(5) Agenda of the May
11, 2001 Study Session. (6) Hard copies of the slide presentations given by Staff.
Discussion/Action: The City Council accepted presentations organized
around the City Service Areas developed to review the budget based on services
provided rather than by City
Department. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council
Member Chavez and unanimously carried, the detailed presentations on Proposed
Budgets for City Service Areas of Support Services, Environmental Services, and
Aviation Services, and the Reports
and actions of the May 10 and May 11, 2001 Budget Study Sessions were
accepted. Vote: 11-0-0-0.
Documents Filed: Rules Committee report of August 8, 2001.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
The
Redevelopment Agency items to be reported out at Redevelopment Agency Board
meeting.
(b) City Council
(1) Review August 21, 2001 Draft Agenda
The
Committee approved the August 21, 2001 General Plan Agenda and the City Council
Agenda with one addition to the Council Agenda.
(2) Add New Items to August 14, 2001 Amended
Agenda. Attachments: Memorandum from Senior Deputy City Manager Darrell
Dearborn, dated July 30, 2001, requesting approval of reports to be included in
future Economic Development and Environment Committee agendas.
The Committee directed the City Clerk to place the following item on
the August 15, 2001 Rules Committee Agenda: “Discussion of whether or not there
should be a City-owned full service cafeteria in or near the main City Hall
building (LeZotte)”. The Committee recommended one addition to the August 14,
2001 City 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.
(2) Approve additions to Economic
Development and Environmental Committee Workplan for the period July – December
2001
The Committee recommended approval of the following reports to be
included in future Economic Development Environmental Committee Agendas:
Status Report on the Mayor’s Housing Production Team
Referrals (Housing)
·
September 10, 2001
·
October 1, 2001
·
November 5, 2001
·
December 3, 2001
Quarterly
Report on the Project Development Program (Housing)
Quarterly
Report on the Housing Rehabilitation Program (Housing)
Quarterly
Report on the Housing and Homeless Fund (Housing)
·
November 5, 2001
Status Report on the Implementation of the 1999-04
Five-Year Spending and Operations Plan For Affordable Housing (Housing)
·
September 10, 2001
·
October 1, 2001
·
November 5, 2001
·
December 3, 2001
(d)
Meeting Schedules
None
Presented.
(e) The Public Record. Attachment:
Memorandum from City Clerk Patricia L. O’Hearn, dated August 2, 2001, listing
items transmitted to the Administration and filed for the Public Record for the
period June 13 to July 31, 2001.
The
Committee noted and filed the Public Record for the period June 13, 2001
through July 31, 2001
(f) Boards, Commissions and Committees
(1) Historic Landmarks Commission. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated August 3, 2001, forwarding a list of qualified applicants for the Historic Landmarks Commission. (2) Memorandum from City Attorney Richard Doyle dated August 1, 2001, reviewing all commission applicants for conflict of interest. (3) Memorandum from Council Member LeZotte dated August 8, 2001, recommending appointments to the Commission.
The Committee recommended appointment of Sandra Paim, Stephen Polcyn,
and Michael Youmans to the Historic Landmarks Commission to serve unexpired
terms ending June 30, 2005.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee
(1) Referral to Administration to determine
feasibility of locating Council offices on a single floor in the New City Hall.
The Committee deferred this item to the August 15, 2001 Rules Committee
meeting.
(h) Administrative Reviews and Approval
(1) Approve City Auditor’s Workplan for 2001-2002. Attachments: Memorandum from City Auditor Gerald A. Silva, dated July 27, 2001, requesting approval of his 2001-02 Audit Workplan.
The
Committee recommended approval of the City Auditor’s finalized 2001-02 Audit
Workplan.
(2) Donation Policy – Approve the Director
of General Services’ recommendation for disposition of surplus property.
Attachment: Memorandum from Francis B. McVey, Acting Director, General Services
Department, dated July 9, 2001, giving notice of surplus patrol cars and
associated equipment.
The
Committee recommended approval of the Acting Director of General Services’
notice that four former Police patrol Chevrolet sedans and four former Police
patrol Ford sedans are eligible for sale or donation to an eligible
organization.
(3) League of California Cities - Appoint
voting delegate and alternate for the 2001 Annual Business Meeting
This
item was reported to Council on August 14, 2001.
(4) Request to use Council General Funds:
(a) By Council Members Dando and LeZotte to
attend League of California Cities’ Transportation, Communications & Public
Works Committee Meeting in Los Angeles, CA, July 19-20, 2001. Attachments: (1)
Memoranda from Council Member Dando dated May 31, 2001, and from Council Member
LeZotte, dated July 1, 2001, requesting authorization to use Council General
funds. (2) Memorandum from City Clerk Patricia L. O’Hearn dated August 3, 2001,
summarizing Council General Travel Budget to date.
The
Committee recommended approval for Council Members Dando and LeZotte to use
Council General funds to attend the League of California Cities’ Transportation,
Communications & Public Works Committee Meeting in Los Angeles, CA,
July
19-20, 2001.
(b) By Council Member Yeager to attend
League of California Cities’ Mayors and Council Members Executive Forum in
Monterey, CA, July 25-27, 2001. Attachments: Memorandum from Council Member
Yeager, dated June 19, 2001, requesting authorization to use Council General
funds.
The
Committee recommended approval for Council Member Yeager to use Council General
funds to attend the League of California Cities’ Mayors and Council Members
Executive Forum in Monterey, CA, July 25-27, 2001.
(c) By Council Members Campos, Dando, and Yeager to attend League of California Cities’ Annual Conference in Sacramento, CA, September 12-15, 2001. Attachments: Memoranda from Council Member Campos dated August 2, 2001; from Council Member Dando dated May 31, 2001; and from Council Member Yeager dated August 1, 2001, requesting use of Council General funds.
The
Committee recommended approval for Council Members Campos, Dando, and Yeager to
use Council General funds to attend League of California Cities’ Annual
Conference in Sacramento, CA, September 12-15, 2001.
(i) Oral Communications
None
Presented.
(j) Adjournment
The
meeting was adjourned at 2:25 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Rules Committee report and actions of August 8, 2001 were accepted. Vote: 11-0-0-0.
Report of the Rules Committee - Meeting of August 15, 2001 – (Partial)
Documents Filed: Partial Rules Committee Report of the meeting on August 15, 2001.
(d) Meeting
Schedules
(1) Request to Schedule Various City Council Meetings/Study Sessions. Attachments: (1) Memorandum from Assistant to the City Manager Deanna J. Santana dated August 13, 2001, requesting approval to add five meetings to the City Council meeting schedule through October 2001 with attached detail sheets outlining the purpose and outcome of each meeting. (2) Memorandum from City Manager Del D. Borgsdorf dated August 15, 2001, presenting supplemental information on the Fire Master Plan and requesting Staff transmit to Council in September 2001 the documentation for the Fire Master Plan Study Session, and that the Study Session for the Plan be set for October 30, 2001. (3) Memorandum from Assistant to the City Manager Deanna J. Santana, dated August 15, 2001, requesting an evening Council meeting be scheduled for August 28, 2001, at 7:00 p.m. to accommodate scheduling the number of items now planned for August 21, should the Council wish to defer some items to the August 28,, 2001 Council session.
The Committee recommended approval of the
following additions to the City Council Meeting schedule through October 2001:
·
August 28, 2001 – Evening Session – 7:00 p.m.
·
September 11, 2001 – Evening Session – 7:00 p.m.
Airport Improvement Program Session #1
·
September 12, 2001 – Evening Session – 7:00 p.m.
Airport Improvement Program Session #2
·
September 20, 2001 – 8:00
a.m. – 12:00 p.m.
Recycle Plus! Program Transition
·
October 9, 2001 – Evening Session – 7:00 p.m.
Smart Growth, Land Use and Transportation
Policies & Strategies
·
October 30, 2001 – Immediately Following 1:30 p.m. Council Meeting
Fire Strategic & Master Plan Session
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Partial Rules Committee report and actions of August 15, 2001 were accepted. Vote: 11-0-0-0.
3.4 Adoption of an ordinance ratifying final expenditures in various appropriations for FY 2000-2001. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: This item was deferred to August 28, 2001.
3.6 Adoption of an urgency ordinance amending Chapter 3.36 of the San José Municipal Code to permit members of the Police and Fire Department Retirement Plan to purchase service credit for eligible prior military service, and stating the reasons for the urgency. (City Manager’s Office)
(Rules Committee referral 8/15/01)
Documents Filed: Memorandum from Alex Gurza, Director of Employee Relations, dated August 20, 2001, recommending Council adopt said urgency ordinance.
Discussion/Action: Upon motion by Council Member Cortesé, seconded by Council Member Diquisto, and unanimously carried, Ordinance No. 26464, entitled, “An Urgency Ordinance of the City of San José Amending Chapter 3.36 of Title 3 of the San José Municipal Code to Provide for the Purchase of Service Credit in the Police and Fire Department Retirement Plan for Eligible Prior Military Service and Setting Forth the Statement of Facts Constituting the Urgency”, was adopted. Vote: 11-0-0-0.
4.1 Report of the Economic Development & Environment Committee – August 6, 2001
Documents Filed: Report of the Economic Development & Environment Committee of August 6, 2001.
(a) Monthly Status Report on Housing
Production Team Action Items. Attachment: Memorandum from Leslye Corsiglia,
Acting Director, Department of Housing, and Joe Horwedel, Acting Director, Department
of Planning, Building and Code Enforcement, dated July 20, 2001, transmitting
the July 2001 Status Report on implementation of recommendations of the Housing
Production Team.
(b) Quarterly Report on Activity in the
Project Development Program. Attachment: Memorandum from Leslye Corsiglia,
Acting Director, Department of Housing, dated July 19, 2001, transmitting the
report of the Housing Project Development Program for the fourth quarter of FY
2000-01.
(c) Quarterly Report on the Housing Rehabilitation
Program, Fourth Quarter 2001. Attachment: Memorandum from Leslye Corsiglia,
Acting Director, Department of Housing, dated July 20, 2001, transmitting the
Housing Rehabilitation Report for the fourth quarter of FY 2000-01.
(d) Quarterly Report on the Housing and
Homeless Fund, Fourth Quarter. Attachment: Memorandum from Leslye Corsiglia,
Acting Director, Department of Housing, dated July 20, 2001, transmitting the
Housing and Homeless Fund report for the fourth quarter of FY 2000-01.
(e) Fourth Quarter Downtown Housing Report.
Attachment: Memorandum from Susan F. Shick, Executive Director, San José Redevelopment Agency, dated August 6, 2001,
transmitting the Downtown Housing Report for the fourth quarter of FY 2000-01.
(f) OED Semi Annual Report: January 1 to
June 30, 2001. Attachment: Memorandum from Darrell Dearborn, Senior Deputy City
Manager, dated July 20, 2001, transmitting the Office of Economic Development
Semi-Annual Report for FY 2000-01.
(g) Workforce Investment Act Program –
Fourth Quarter Performance Report. Attachment: Memorandum from Blake Konczal,
Deputy Director, Office of Economic Development, dated July 20, 2001,
transmitting the Workforce Investment Act Program Fourth Quarter Performance
Report.
(h) Update on Status of Rental Housing
Action Items, Including Outreach, Mediation, and Evictions. Attachment:
Memorandum from Mark Linder, Director, Department of Parks, Recreation and
Neighborhood Services, and from Leslye Corsiglia, Acting Director, Department
of Housing, dated July 20, 2001, transmitting the fourth quarter update on the
Status of Renting Housing Action Items.
The
Committee accepted the reports for Items 4.1(a) through (h).
(i) Proposed Ordinance for Suspending the
Collection of Taxes Associated with the Installation of Solar Energy
Technologies. Attachment: Memorandum from Carl W. Mosher, Director, Department
of Environmental Services, and from Joe Horwedel, Acting Director, Department
of Department of Planning, Building and Code Enforcement, dated July 20, 2001,
recommending Council approve the suspension of the collection of taxes
associated with the installation of solar energy technologies.
The
Committee accepted the report and recommended Council adopt the proposed
ordinance.
Discussion/Action:
See Item 4.2 for Council action taken.
(j) Oral petitions
Saul Wachter, Affordable Housing Network, asked how
many more units/goal for new ELI units are being projected with the new fiscal
budget.
(k) Adjournment
The
meeting was adjourned at 3:10 p.m.
Discussion/Action: Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the Economic Development & Environment Committee report and actions of the August 6, 2001 were accepted, with Item 4.1(i) acted upon at Item 4.2. Vote: 11-0-0-0.
4.2 Approval of an ordinance amending Chapters 4.46, 4.47, and 4.54 of Title 4 of the San José Municipal Code to add sections to suspend the collection of taxes imposed under such chapters for the construction of solar building service equipment. (Environmental Services/Planning, Building and Code Enforcement)
[Economic & Neighborhood Development referral 8/6/01 – Item 4.1(i)]
Documents Filed: (1) Memorandum from Deanna J. Santana, Assistant to the City Manager, dated August 10, 2001, advising Council of the actions of the Economic & Neighborhood Development on the proposed suspension of taxes. (2) Supplemental memorandum from Carl W. Mosher, Director, Department of Environmental Services, dated August 15, 2001, providing additional information related to public outreach for the proposed ordinance, and recommending Council approval of same.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Council Member Dando asked Staff to submit a progress report to the Economic & Neighborhood Development Committee detailing the success of the program and whether it should be continued or terminated. Should Council enact the suspension of the provision of the Municipal Code during today’s meeting, Acting Director of Public Works Rajeev Batra stated the approval would incorporate the proposed suspension sunset on December 31, 2006. He stated City Staff would submit annual reports to the City Council on the results of the suspension program, prior to the 2006 date, to determine if the suspension should be extended. Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Ordinance No. 26465, entitled, “An Ordinance of the City of San José Amending Chapters 4.46, 4.47 and 4.54 of Title 4 of the San José Municipal Code to Add Sections to Suspend the Collection of Taxes Imposed under Such Chapters for the Construction of Solar Building Service Equipment”, was passed for publication. Vote: 11-0-0-0.
4.3 Adoption of a resolution authorizing the City Manager to negotiate and execute a sign remediation agreement with Clear Channel (formerly Eller Media Company) to:
(a) Alter the height of billboards on the property located at the north side of State Highway 237, approximately 150 feet westerly of Gold Street, to allow two (2) existing billboard panels to be increased in height from approximately 34 feet to a maximum of 50 feet in height on 0.7 gross acre. CEQA: Negative Declaration.
BB 01-06-001 – District 5
(b) Alter the height of a billboard on the property located at the north side of Las Plumas Avenue, approximately 100 feet northeasterly of US Highway 101, to allow an existing billboard panel to be increased in height from approximately 28 feet to a maximum of 50 feet in height on 2.87 gross acres. CEQA: Negative Declaration.
BB 01-06-002 – District 4
(c) Remove five billboards billboards located on the west side of South 1st Street, 145 feet northerly of Edwards Avenue (APN 264-37-075), on the north side of Alum Rock, 310 feet easterly of Jose Figueres Avenue (APN 481-07-041), at the southeast corner of North 4th Street and Washington Street (APN 249-46-078), on the south side of The Alameda, 50 feet east of Morrison Avenue (APN 261-32-074), and on the northeast corner of Auzerais Avenue and Race Street (APN 264-14-121), all consistent with Council direction.
(Planning, Building, and Code Enforcement)
(Deferred from 8/7/01 – Item 4.3 and 8/14/01 – Item 4.3)
Documents Filed: None.
Discussion/Action: This item was deferred to August 28, 2001.
5.2 Acceptance of the staff report finding that a golf course on the San José/Santa Clara Water Pollution Control Plant Lands should not be permitted due to inconsistency with the October 2000 Council Policy for Use of Plant Lands.
(Environmental Services)
Documents Filed: Memorandum from Carl W. Mosher, Director, Department of Environmental Services, dated August 1, 2001, recommending Council accept the staff report finding that a golf course on the San José/Santa Clara Water Pollution Control Plant Lands should not be permitted due to inconsistency with the October 2000 Council Policy for Use of Plant Lands.
Discussion/Action: This item was dropped from the Agenda.
8.1 Adoption of a resolution authorizing the City Manager to negotiate and execute Taxicab Concession Agreements with:
(a) United
Taxicab Corporation (United Cab) for Terminal A on-demand taxicab services at
the San José International Airport, with estimated annual revenues to the City
of $471,755, for a term of two years, with five 1-year options to extend the
term for a total of up to seven years at the City’s sole discretion; and
(b) Friendly
Cab Co. Inc. dba Alpha Cab for Terminal C on-demand taxicab services at the San
José International Airport, with estimated annual revenues to the City of
$292,662, for a term of two years, with five 1-year options to extend the term
for a total of up to seven years at the City’s sole discretion.
(Airport)
(Continued from 8/14/01 – Item 8.1)
Documents Filed: None.
Discussion/Action: This item was deferred to August 28, 2001.
9.1 Approval of the San José Police Department's response to the 2000-2001 Santa Clara County Civil Grand Jury's report entitled "Inquiry into the City of San José Police Department's 'Use-of-Force' Training Procedures." (Police)
Documents Filed: Memorandum from William M. Lansdowne, Chief of Police, dated August 1, 2001, recommending Council accept the Police Department’s response to the 2000-2001 Santa Clara County Civil Grand Jury’s report entitled: "Inquiry into the City of San José Police Department's 'Use-of-Force' Training Procedures."
Discussion/Action: This item was dropped from the agenda.
9.2 Approval of staff’s recommendation to establish the Central Division Community Policing Center at the former Alviso Library, located at 1060 Taylor Street in Alviso. CEQA: Exempt. Council District 4. (Police)
Documents Filed: Memorandum from William M. Lansdowne, Chief of Police, dated August 1, 2001, recommending Council accept the San José Police Department’s report and approve Staff’s recommendation related to the former Alviso Library location.
Discussion/Action: Upon motion by Council Member Reed, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the recommendation to establish the Central Division Community Policing Center at the former Alviso Library, located at 1060 Taylor Street in Alviso, was approved. Vote: 11-0-0-0.
Open Forum
Linda Rae Hermann and William J. Garbett commented on the level of authority vested in the Redevelopment Agency.
RECESS/RECONVENE
Following Open Forum, Council recessed at 2:20 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members - Campos, Chavez, Cortese, Dando,
Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - None.
City Clerk Patricia L. O’Hearn read the request for continuance of the
application. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council
Member Chavez, and unanimously carried, the below noted continuance was
granted. Vote: 11-0-0-0.
11.1 PUBLIC
HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north
side of Broadway Avenue, approximately 190 feet northeasterly of Ramona Avenue,
from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning
District, to allow the subdivision of one lot into two lots for construction of
an additional single-family residence on 0.4 gross acre. (Emily Chen, Owner/Developer). CEQA:
Negative Declaration.
PDC 00-02-014 - District 6
Documents Filed: None.
Discussion/Action: This item was continued to October 2, 2001.
CEREMONIAL ITEMS
1.4 Presentation of a commendation to the First Graduating Class of San José Smart Start’s New Business Creation and Retention Services Programs.
(Williams, Mayor) (Rules Committee referral 8/15/01)
Documents Filed: None.
Discussion/Action: Council Member Williams joined Mayor Gonzales at the Podium and introduced Program Coordinators Diane Jackson, Deborah Simon, Angel Rios, Mark Linder, and Monica Kitchner who accepted the commendation that was presented by Mayor Gonzales. Council Member Williams introduced the first 39 graduates of the New Business Creation and Retention Service component of the Smart Start’s Program, and asked them to stand and be recognized.
3.5 (a) Second Public Hearing on Proposed Redistricting.
(City Clerk)
(b) Approval of an ordinance establishing and declaring the City of San José City Council Districts and their boundaries using 2000 Federal Census Data. (City Attorney’s Office)
(Continued from 8/14/01 – Item 3.5)
Documents Filed: (1) Memorandum from Joseph Horwedel, Acting Director, Department of Planning, Building and Code Enforcement, dated August 6, 2001, transmitting the report and recommendations from the Redistricting Advisory Commission concerning adoption of an ordinance to establish new Council District boundaries pursuant to City Charter. (2) Memorandum from Council Member Cortesé, dated August 21, 2001, recommending adjustments to the Commission’s recommendations as depicted in Redistricting Plan “Ten Percent No. 4.” (3) E-Mail correspondence received from Mary Lou Hughes, Janet Houde, Dagmar Effir, Margaret Forman and Edgar Lau, and Kathleen Rose, in support of moving the Rock Canyon Circle area to District 4.
Discussion/Action: Mayor Gonzales opened the second public hearing on
the proposed Redistricting Plan and related actions. There was no public testimony
presented. Council Member Chavez queried Staff on an outreach strategy; Vice
Mayor Shirakawa, Jr. stated community outreach should be conducted in more than
English; and Council Member Cortesé recommended approval of the proposed Plan
with the restoration of specific neighborhoods in Council Districts 8 and 5.
Upon motion by Council Member Chavez, seconded by Council Member Williams and
unanimously carried, the public hearing was closed, Ordinance No. 26466,
entitled, “An Ordinance of the City of San José
Establishing and Declaring the City of San José
City Council Districts and their Boundaries, Using 2000 Federal Census Data”,
was passed for publication with adjustments to (1) Restore Census Tract
5035.11, the Ocala Neighborhood north of Cunningham Avenue, west of White Road,
and east of Capitol Expressway, to District 8; and (2) Transfer part of Census
Tract 5035.09, defined as the remaining neighborhoods north of Marten Avenue
and continuing to the east end of Marten Avenue at the foothills to District 5,
and with direction to Staff to include media strategy that provides community
outreach in more than one language regarding the implementation of the changes,
and to submit status reports to Council. Vote: 11-0-0-0.
11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of East William Street, 65 feet easterly of Brookwood Avenue (835 East William Street), from R-2 Residence Zoning District to A(PD) Planned Development Zoning District, to allow four single-family attached dwelling units on 0.26 gross acre. (Emily Chen, Owner/Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC
00-07-057 – District 5.
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel, dated August 9, 2001, recommending the City Council approve the proposed rezoning. (2) Memorandum from Planning Commission Secretary Joseph A. Horwedel, dated August 3, 2001, transmitting the Staff report on PDC 00-07-057, dated July 31, 2001, recommending approval of the project. (3) Public Hearing Notice to consider a change in Zoning for PDC 00-07-057 dated July 16, 2001, and Proof of Publication executed July 27, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Campos, seconded by Council Member Reed and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26467, entitled, “Ordinance of the City of San José Rezoning Certain Real Property Situated at the North Side of East William Street, 65 Feet Easterly of Brookwood Terrace”, was passed for publication. Vote: 11-0-0-0.
Council Member Yeager left Chambers at this point in the meeting.
11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southerly terminus of Kentucky Place, from R-1-8 Residence and CG Commercial Zoning Districts to A(PD) Planned Development Zoning District, to allow 50 multiple family attached affordable senior housing units on 1.56 gross acres. (Mexican American Community Services Agency (MACSA), Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 00-12-129 - District 5
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel, dated August 9, 2001, recommending the City Council approve the proposed rezoning. (2) Memorandum from Planning Commission Secretary Joseph A. Horwedel, dated August 3, 2001, transmitting the Staff report on PDC 00-12-129, dated August 2, 2001, recommending approval of the project. (3) Public Hearing Notice to consider a change in Zoning for PDC 00-12-129 dated July 18, 2001, and Proof of Publication executed July 27, 2001, submitted by the City Clerk.
Discussion/Action:
Mayor Gonzales opened the public hearing on the planned development rezoning of
the subject property. Helen Garza, representing MACSA, spoke in support
of the project with the request for the addition of balconies to some of the
units. Upon motion by Council Member Campos, seconded by Vice Mayor Shirakawa,
Jr., and unanimously carried, the public hearing was closed, the Planning
Commission recommendation approved, and Ordinance
No. 26468, entitled, “Ordinance of the City of San José Rezoning Certain Real Property Situated at
the Terminus of Kentucky Place”, was passed for publication. Vote: 10-0-1-0.
Absent: Yeager.
11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at easterly terminus of Madden at Interstate 680, from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 32 attached housing units on a 1.32 gross acre site. (William Strohmeyer and Michael Waeiss, Owners; HMH, Inc., Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 01-01-004 - District 5
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel, dated August 9, 2001, recommending the City Council approve the proposed rezoning. (2) Memorandum from Planning Commission Secretary Joseph A. Horwedel, dated August 3, 2001, transmitting the Staff report on PDC 01-01-004, dated August 2, 2001, recommending approval of the project. (3) Proof of Publication of Notice of Hearing on PDC 01-01-004, executed July 27, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Campos, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26469 entitled, “Ordinance of the City of San José Rezoning Certain Real Property Situated on the South Side of Madden Avenue at the Terminus of Interstate 680”, was passed for publication. Vote: 10-0-1-0. Absent: Yeager.
11.5 PUBLIC HEARING ON APPEAL OF A CONDITIONAL USE PERMIT for a project located at the southwest corner of Moorpark Avenue and Mitty Avenue, on a 26.9 gross acre site in the R-1-8 Zoning District, for addition of two modular buildings for classroom use at the existing Queen of Apostles private school. (Roman Catholic Welfare Corp. of San José, Owner; Mission City Contractors, Inc., Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement upheld Planning Commission’s decision for conditional approval (4-2-1).
CP 01-03-022 - District 1
Documents Filed: (1) Memorandum from Council Member LeZotte, dated August 20, 2001, recommending Council approve the appeal of the applicant and grant a Conditional Use Permit to allow the addition of two modular buildings for classroom use at the existing Queen of Apostles private school, and direct the applicant to work with the Director of Planning to determine the appropriate height and building material and/or appropriate landscaping to create a visual screen of the modular buildings on Mitty Drive (2) Memorandum from Planning Commission Secretary Joseph A. Horwedel, dated August 1, 2001, recommending Council uphold the decision of the Planning Commission to conditionally approve the Conditional Use Permit to allow the addition of two modular buildings for classroom use at the existing Queen of Apostles private school, and make findings pursuant to the conditions listed therein.
Discussion/Action:
Mayor Gonzales opened the public hearing on the appeal of the Conditional Use
Permit for the subject project. Council Member LeZotte stated for the record
that the modulars were placed on the site in 1997, when the Parish began the
expansion project, to accommodate the rectory staff and Religious Education
staff until the rectory was completed. She stated the new modular classrooms
and the visual screen proposed by the applicant is aesthetically pleasing and
compatible with the park and the homes, that the asphalt will be replaced with
grass for a student play area, and that the picnic tables and benches and
additional landscaping around the modulars will provide additional play area.
Unlike modulars placed on public schools, which the City cannot regulate, she
stated modular classrooms on private school property are subject to a CUP; as
such, the applicant can benefit from the input of the planning staff. She
recommended Council approve the appeal of the applicant and grant a conditional
use permit to allow the addition of two modular buildings for classroom use at
the existing Queen of Apostles private school, and direct the applicant to work
with the Director of Planning to determine the appropriate height and building
material and/or appropriate landscaping to create a visual screen of the
modulars on Mitty Way. Upon motion by Council Member LeZotte, seconded by Vice
Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed,
the Planning Commission recommendation approved, and Resolution No. 70585, entitled, “Resolution of the Council of the City of
San José Granting, Subject to
Conditions, A Conditional Use Permit to use Certain Real Property Described
Herein to Allow Addition of Two Modular Buildings for Use as Classrooms at a
Private School”, was adopted. Vote: 10-0-1-0. Absent: Yeager.
Council Member Yeager returned to Chambers during discussion of Item 11.6.
11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Monterey Road and Stauffer Boulevard, from HI Heavy Industrial Zoning District to A(PD) Planned Development Zoning District, to allow commercial and health club uses on 6.8 gross acres. (Green Valley Corporation, Owner; 1887 Monterey Road Partners, Developer). CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 00-10-108 - District 7
(Continued from 8/14/01 – Item 11.8)
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel, dated July 25, 2001, recommending the City Council adopt an ordinance to approve the subject rezoning with an additional condition allowing the office and health club uses for a maximum of ten years. (2) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 00-10-108, dated June 20, 2001, recommending Council adopt an ordinance rezoning the subject site. (3) Public Hearing Notice to consider a change in Zoning for PDC 00-10-108, dated June 7, 2001, and Proof of Publication executed on June 15, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Vice Mayor Shirakawa, Jr. recommended approval of the proposed development without the 10-year restriction provision. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved with the additional condition modified to delete the “maximum of ten years” and allow the office, health club, and medical clinic uses at the existing building for the life of the building provided the footprint of the building is not altered, and Ordinance No. 26470, entitled, “An Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of Monterey Road Approximately 100 Feet Easterly of Stauffer Boulevard’, was passed for publication. Vote: 11-0-0-0.
11.7 PUBLIC HEARING ON CONFORMING PREZONING of the property located at the south side of Woodard Road, 110 feet easterly of Starview Drive (15710 Woodard Road), from County to R-1-8 Residence Zoning District, to allow residential uses on 0.76 gross acre. (Glen Geisinger, Owner/Developer). CEQA: Exempt.
C 01-03-034 - District 9
(Continued from 8/14/01 – Item 11.11)
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C01-03-034, dated August 9, 2001, recommending approval of the proposed conforming prezoning. (2) Public Hearing Notice to consider a change in Zoning for C01-03-034, dated June 22, 2001, and Proof of Publication executed on August 3, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming prezoning 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, Ordinance No. 26471, entitled, “An Ordinance of the City of San José Prezoning Certain Real Property Situated on the South Side of Woodard Road Approximately 110 Feet Easterly of Starview Drive”, was passed for publication. Vote: 11-0-0-0.
Adjournment
The Council of the City of San José adjourned at 7:34 p.m., in memory of Thelma M. Case, an active community member and a devoted sister, wife, mother, and grandmother, and convened the San José General Plan Hearings at 7:35 p.m., Council Chambers, City Hall.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK