MINUTES OF THE CITY COUNCIL
SAN JOSE, CALIFORNIA
The Council of the City of San Jose convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - None.
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) Ruffo, et al. v. City of San José, et al.; (2) Hi-Voltage Wire Works, Inc. v. City of San José, et al.; and (3) Broussard, et al. v. City of San José, et al.; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation and one matter regarding the initiation of litigation; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Mark Nelson; Employee Organizations: San José Police Officers’ Association and International Association of Firefighters.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1:33 p.m. in the Council Chambers.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - None.
INVOCATION
Pastor Dennis Henderson, First Baptist Church of San
José, delivered the Invocation. (District 6)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Fiscalini, seconded by Council Member Woody, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-2-0. Absent: Diaz, Matthews.
CONSENT CALENDAR
Upon motion by Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 9-0-2-0. Absent: Diaz, Matthews.
Minutes for Approval
6a(1) Regular Meeting of May 4, 1999
Documents filed: Minutes of May 4, 1999.
Discussion/Action: The minutes were approved. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6a(2) Joint City Council/Redevelopment Agency Meeting of May 4, 1999
Documents filed: Minutes of May 4, 1999 Joint Session.
Discussion/Action: The minutes were approved. Vote: 9-0-2-0. Absent: Diaz, Matthews.
Ordinances for Final Adoption
6b(1) ORD. NO. 25870 – Amends Section 1.15.030 of Chapter 1.15 of Title 1 of the San José Municipal Code to clarify the information to be included in an administrative citation.
Documents filed: Proof of publication of title of Ordinance No. 25870, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25870 was adopted. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6b(2) ORD. NO. 25873 – Adopts salaries for the Mayor and Council Members recommended by the Council Salary Setting Commission pursuant to City Charter Section 407.
Documents filed: Proof of publication of title of Ordinance No. 25873, submitted by the City Clerk.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Ordinance No. 25873 was adopted. Vote: 9-0-2-0. Absent: Diaz, Matthews.
Plans and Specifications
6d(1) TRACT NO. 9133 – Naglee Avenue – Cupertino Development Corporation (Developer) – 6 single family detached residential units. Adoption of resolutions approving the plans, final map, and contract for Tract No. 9133. CEQA: ND. District 6. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 28, 1999, recommending adoption of said resolutions.
Discussion/Action: Resolution No. 68892, 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. 9133”; Resolution No. 68893, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9133”, and Resolution No. 68894, 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. 9133”, were adopted. Vote: 9-0-2-0. Absent: Diaz, Matthews.
Contracts/Agreements
6e(1) Approval of a consultant agreement with Kolano Design Inc. for the development of a comprehensive signage program for the San José International Airport, in an amount not to exceed $100,000. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated May 19, 1999, recommending approval of said agreement with Kolano Design Inc.
Discussion/Action: The agreement with Kolano Design Inc. was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6e(2) Approval of a tenth amendment to the lease agreement with Chevron U.S.A., Inc. for the lease of Airport Lot 8 for storage and distribution of aviation petroleum products, extending the term of the agreement by four (4) years, from July 1, 1999 to June 30, 2003. CEQA: Resolution No. 67380. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated May 19, 1999, recommending approval of a tenth amendment to said lease agreement with Chevron U.S.A., Inc.
Discussion/Action: This item was dropped from the Agenda.
6e(3) (a) Adoption of appropriation ordinance and funding sources resolution amendments in the General fund to provide $300,000 for the San José Achieve Project.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with Achieve in the amount of $300,000 to defray the costs of the purchase of a building in East San José.
(City Manager’s Office/Equality Assurance)
Documents filed: Director of Equality Assurance, Nina S. Grayson, and from Budget Director Larry D. Lisenbee, dated May 25, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Ordinance No. 25881, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the General Fund in the Amount of $300,000 to Establish an Appropriation for the San José Archieve Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, Resolution No. 68895, entitled, “A Resolution of the City of San José Amending Resolution No. 68256 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1998-99 to Adjust Revenues in the General Fund”; Resolution No. 68896, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Grant Agreement with Achieve to Defray the Costs of the Purchase of a Building in East San José in an Amount not to Exceed $300,000”, were adopted. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6e(4) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 34, 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 May 19, 1999, recommending approval of open purchase order List 34.
Discussion/Action: Open Purchase Order List No.
34 was approved and the Director of General Services authorized to execute the
purchase orders. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6e(5) Approval of award of purchase of eight (8) solo, high performance motorcycles for the Police Department to the low bidder, Burbank Kawasaki (Burbank, CA), at a total cost of $75,259.34, including tax, and authorization for the Director of General Services to:
(a) Execute the purchase order for the immediate purchase of eight (8) solo high-performance motorcycles.
(b) Execute a purchase order for additional motorcycles pursuant to the option motorcycles at the same bid price for one (1) year, appropriation only after sufficient funds have been appropriated.
(General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated May 19, 1999, recommending approval of said purchase to the low bidder, Burbank Kawasaki (Burbank, CA).
Discussion/Action: The award of said purchase to the low bidder, Burbank Kawasaki (Burbank, CA) was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6e(6) Approval of a first amendment to the
agreement with Next Door, Solutions to Domestic Violence, for the continuation
of the a pilot project for a Domestic Violence Response Team (DVRT), extending
the term of the agreement by six (6) months, from July 1, 1999 to December 31,
1999, at no additional cost to the City.
(Police)
Documents filed: Memorandum from Chief of Police, William M. Lansdowne, dated May 19, 1999, recommending approval of a first amendment to the agreement with Next Door, Solutions to Domestic Violence.
Discussion/Action: The first amendment to the agreement with Next Door, Solutions to Domestic Violence, was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6e(7) (a) Adoption
of a resolution authorizing the City Manager to negotiate and execute an
agreement with Peace Officer Standards and Training (P.O.S.T.) for the period
May 1, 1999, to June 30, 2000.
(b) Adoption
of proposed related amendments to the annual appropriation ordinance and
funding sources resolution in the General Fund in the total amount of
$462,000, to increase the Police
Department’s non-personal expenses appropriation for expenses related to a
POST-reimbursed Law Enforcement Driver Training and Force Options Simulators
Project.
(Police/City Manager’s Office)
Documents filed: Memorandum from Chief of Police, William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated May 19, 1999, recommending approval of a resolution authorizing the City Manager to negotiate and execute an agreement with Peace Officer Standards and Training, and adoption of appropriation ordinance and related revenue resolution amendments.
Discussion/Action:
Resolution No. 68897, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute an Agreement with
the State of California Commission on Peace Officer Standards and Training for
the Law Enforcement Driver Training and Force Options Simulators Pilot
Project”, Ordinance No. 25882, entitled: “An Ordinance of the City of San José
Amending Ordinance No. 25633 to Appropriate Moneys in the General Fund in the
Amount of $462,000 for Law Enforcement Driver Training and Force Options
Simulators Pilot Project; and Providing That This Ordinance Shall Become
Effective Immediately Upon Adoption”; and Resolution No. 68898, entitled, “A
Resolution of the City of San José Amending Resolution No. 68256 Setting Forth
the Estimated Sources of Funds for the Fiscal Year 1998-99 to Adjust Revenues
in the General Fund”, were adopted. Vote:
9-0-2-0. Absent: Diaz, Matthews.
6e(8) Report on bids and award of contract for
the Coleman Road Landscape Improvements Project between Almaden Expressway and
Maracaibo Drive to the low bidder, Blossom Valley Construction, Inc.,
for the Base bid in the amount of $89,930 and approval of a contingency in the
amount of $10,000. CEQA:
Exempt. (Public Works)
Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated May 19 and 27, 1999, recommending award of said contract to the low bidder, Blossom Valley Construction, Inc.
Discussion/Action: The award of said contract to the low bidder, Blossom Valley Construction, Inc., with said contingency, was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6e(9) Report on bids for the Wool Creek
Mini-Park Landscape Improvements, approval to reject the low bid of The
Gardeners as nonresponsive, and award the contract to the lowest responsive
bidder, Lone Star Landscape, Inc., in the amount of $204,990. CEQA: ND.
(Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 19, 1999, recommending approval to reject the low bid as nonresponsive and award said contract to the lowest responsive bidder, Lone Star Landscape, Inc.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. The rejection of the low bid as nonresponsive and award to the lowest responsive bidder, Lone Star Landscape, Inc., was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6e(10) Approval of Contract Change Order No. 58
for the Women's Residential Center Project for a non-cost construction contract
time extension of an additional 88 calendar days for a total contract duration
of 378 calendar days. CEQA: ND.
(Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 19, 1999, recommending approval of Contract Change Order No. 58 to said contract with McCrary Construction.
Discussion/Action: Contract Change Order No. 58 to said contract with McCrary Construction for the Women's Residential Center Project was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diaz, Matthews.
Routine Legislation
6f(1) Approval of an ordinance amending Section 11.38.200 of Chapter 11.38 of Title 11 of the San José Municipal Code to prohibit solicitations of employment, business, or contributions of money to or from vehicles on public driveways within designated No Vehicle Solicitation Zones and on private property when the solicitation impedes traffic on a public right of way within a designated No Vehicle Solicitation Zone. (City Attorney’s Office)
Documents filed: Memorandum from City Attorney Joan R. Gallo, dated May 27, 1999, recommending approval of said ordinance.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Ordinance No. 25883, entitled: “An Ordinance of the City of San José Amending Section 11.38.200 of Part 2 of Chapter 11.38 of Title 11 of the San José Municipal Code to Clarify that the Prohibition Contained Therein Applies to the Driver or Occupant of a Vehicle Traveling Anywhere Within the Public Right-of-Way and to Expand the Prohibition to Include Private Property Where the Solicitation Impedes the Flow of Traffic on the Public Right-of-Way within a No Vehicle Solicitation Zone”, was passed for publication. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6f(2) Adoption of appropriation ordinance and funding sources resolution amendments to various Capital Funds. (City Manager’s Office)
Documents filed: None.
Discussion/Action: This item was dropped from the agenda.
6f(3) Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the donation of one (1) surplused fire brush patrol vehicle with an estimated value of $8,500 to the village of San Felipe, Mexico. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated May 19, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68899, entitled: “A Resolution of the Council of the City of San José Approving the Donation of One Fire Brush Patrol Vehicle to the Village of San Felipe, Mexico”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6f(4) Approval of an ordinance amending Section 10.12.010 of Chapter 10.12 of the San José Municipal Code to prohibit drinking in parking facilities and off-street parking establishments and on adjacent walkways and landscaped areas. (Police)
Documents filed: Memorandum from Chief of Police, William M. Lansdowne, dated June 3, 1999, recommending approval of said ordinance.
Discussion/Action: Ordinance No. 25884, entitled: “An Ordinance of the City of San José Amending Section 10.12.010 of Chapter 10.12 of Title 10 of the San José Municipal Code to Prohibit Drinking in Parking Facilities and Off-Street parking Establishments and on Adjacent Walkways and Landscaped Areas”, was passed for publication. Vote: 9-0-2-0. Absent: Diaz, Matthews.
6f(5) Approval of Council Member Charlotte Powers’ travel to Washington, D.C., June 8-9, 1999, to be a panelist at the National League of Cities Building Better Communities Forum, composed of Civil Rights Groups and League of Cities participants and Nonprofit Group Home advocates. Funding: Council General. (Powers) (Rules/Agency Rules Committee referral 6/2/99)
Documents filed: None.
Discussion/Action: The travel of Council Member Powers’ to Washington, D.C. on June 8-9, 1999 was approved. Vote: 9-0-2-0. Absent: Diaz, Matthews.
END OF CONSENT CALENDAR
GENERAL GOVERNMENT
9a (1) Approval of the City of San José Living Wage Policy Six Month Evaluation Report.
(2) Adoption of a resolution amending Resolution No. 68554 making technical changes to the City of San José Living Wage Policy.
(Office of Equality Assurance)
(Deferred from 5/25/99 – Item 9d)
Documents filed: Memorandum from Director of Equality Assurance, Nina S. Grayson, dated May 6, 1999, transmitting a report entitled: City of San José Living Wage Policy, Six-Month Evaluation Report, and recommending adoption of a resolution to make technical changes to the City of San José Living Wage Policy.
Discussion/Action: Equality Assurance Director Nina Grayson made the following verbal modifications to the Staff report: (1) the recreation services category includes only contracting out for the operation, maintenance and programming of community centers, youth centers, senior centers and recreation related facilities, buildings or centers, and (2) that City Administration develop a procedure to ensure that employers who are qualified for the $9.50 per hour wage rate actually provide a bona fide basic health benefit to those workers working on City contracts. She stated the procedure could consist of a checklist which ascertains the coverage areas, the deductables, or other methods the City Administration deems appropriate. She noted that since there have only been five contracts awarded under the living wage policy, it is too early to assess the costs, impacts or possible trends prior to the year end report due out in November, 1999. Vice Mayor Fiscalini expressed concerns that the employee retention provision could affect the bidding process by restricting employers from bidding on certain contract because they do not want to lose their own employees in order to accept City work. Upon motion by Council Member Powers, seconded by Council Member Chavez, and unanimously carried, the report was approved and Staff recommendations dated May 6, 1999, with the verbal modifications by Director Grayson, were approved, and Resolution No. 68900, entitled: “A Resolution of the Council of the City of San José Adopting Revisions to the Living Wage Policy”, was adopted. Vote: 11-0-0-0.
9b Adoption of a resolution setting population limits for purpose of calculating the Voluntary Expenditure Limits for the Year 2000 Municipal Election Cycle. (City Clerk)
Documents filed: None.
Discussion/Action: This item was deferred to August 3, 1999.
9e Report on bids and award of contract for the San José
Police Administration Building Annex HVAC Retrofit Project to the low bidder,
Newcomb Mechanical, in the amount of $331,950, and a contingency in the amount
of $33,050. CEQA: Exempt.
(Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 19, 1999, recommending award of said contract to low bidder, Newcomb Mechanical was approved and its execution authorized. Vote: 11-0-0-0.
Discussion/Action: Cathy Brandhorst spoke in opposition. Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the award of said contract to the low bidder, Newcomb Mechanical, with said contingency, was approved and its execution authorized. Vote: 11-0-0-0.
9c Approval of an agreement with Malcolm Pirnie, Inc. for consulting services for a Plant Reliability and Hydraulic Capacity Study, in an amount not to exceed $670,000, and for additional services in an amount not to exceed $100,000, for the period July 1, 1999 to December 31, 2000. (Environmental Services)
Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 25, 1999, recommending approval of said agreement with Malcolm Pirnie, Inc.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the agreement with Malcolm Pirnie, Inc. was approved and its execution authorized. Vote: 11-0-0-0.
9d Report on bids and award of contract for the Kirk
Community Center Electrical and HVAC Improvements Project to the low bidder and
approval of a contingency of ten percent.
CEQA: Exempt. (Public Works)
Documents filed: None.
Discussion/Action: This item was deferred to June 15, 1999.
9f Approval of an agreement with Carollo Engineers, Inc., for
consultant design services for the Monterey-Riverside Sanitary Sewer
Improvements in the amount of $445,500, and additional services in the amount
of $120,000. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 19, 1999, recommending approval of said agreement with Carollo Engineers, Inc.
Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, the agreement with Carollo Engineers, Inc. was approved and its execution authorized. Vote: 11-0-0-0.
9g (1) Report on
bids and award of contract for the 60-inch Brick and 84-inch RCP Interceptor
Rehabilitation Phase IIIB and IVB Project to the low bidder, Insituform
Technologies, Inc., in the amount of $9,544,780. CEQA: Exempt. (Public Works)
(2) Adoption
of appropriation ordinance amendments in the Sewer Service and use Charge
Capital Improvement Fund to provide additional funding in the amount of
$7,150,000 for the 60 inch Brick
Interceptor Project. (City Manager’s
Office)
Documents filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 19, 1999, recommending award of said contract to low bidder, Insituform Technologies, Inc. (2) Memorandum from Budget Director Larry D. Lisenbee, dated May 26, 1999, recommending approval of said appropriation ordinance amendments.
Discussion/Action: Upon motion by Council Member Matthews, seconded by Council Member Powers, and unanimously carried, the award of contract to low bidder, Insituform Technologies, Inc. was approved, its execution authorized, and Ordinance No. 25885, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Sewer Service and Use Charges Capital Improve-ment Fund in the Amount of $7,150,000, for the 60 inch brick interceptor project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.
9h Adoption of a resolution authorizing the City Manager to
negotiate and execute an agreement with Skyhawks Sports Academy, Inc. for
summer sports camp programs at various City facilities for the period June 14,
1999 to December 31, 1999, in the amount of $497,165, at no net cost to the
City. (Parks, Recreation and
Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 19, 1999, recommending adoption of said resolution.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 68901, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Skyhawks Sports Academy, Inc., for summer camp programs”, was adopted. Vote: 11-0-0-0.
9i Adoption of a resolution authorizing the City
Manager to negotiate and execute an agreement with the Grace Baptist Church to
lease the Church’s property at 484 East San Fernando Street and 146 South Tenth
Street, for the period June 1, 1999 to June 30,2002, for a total amount of rent
not to exceed $583,667. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 19, 1999, recommending adoption of said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz, and unanimously carried, Resolution No. 68902, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Grace Baptist Church to Lease Property for the Period of June 1, 1999 through June 30, 2002, in an Amount Not to Exceed $583,667”, was adopted. Vote: 11-0-0-0.
9j (1) Approval
of an agreement with CH2M Hill, Inc. to provide preliminary engineering
consultant services for the widening of King Road between Berryessa and McKee
Road in an amount not to exceed $304,800.
(Public Works)
(2) Approval
of a consultant agreement with Creegan + D’Angelo for structural engineering
services for the replacement and widening of the King Road Bridge at Penitencia
Creek in an amount not to exceed $288,900.
(Public Works)
Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated May 19, 1999, recommending approval of said agreements with CH2M Hill, Inc. and with Creegan + D’Angelo for said projects.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Matthews, and unanimously carried, the agreements with CH2M Hill, Inc. and Creegan + D’Angelo were approved and their execution authorized. Vote: 11-0-0-0.
9k Report on bids, approval to reject the low bid by The
Gardeners as non-responsive, and award the contract for the construction of the
Coyote Creek/River Oaks Levee Trail Project to the lowest responsive bidder,
Grade Tech., Inc., in the amount of $353,800, and a contingency in the amount
of $18,000. CEQA: Exempt. (Public Works)
Documents
filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr.,
dated May 19, 1999, recommending approval to reject the low bid by The
Gardeners as non-responsive and award the contract to the lowest responsive bidder, Grade Tech., Inc.
Discussion/Action:
William J. Garbett addressed the Council in opposition to the proposal. Upon
motion by Council Member Matthews, seconded by Council Member Fiscalini, and
unanimously carried, approval to reject the low bid and award said contract to
the lowest responsive bidder, Grade Tech.,
Inc., with said contingency, was approved and its execution authorized. Vote:
11-0-0-0.
9l Acceptance of the Southside Community Center Master Plan Update. CEQA: ND. (Public Works/Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., and Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 19, 1999, recommending acceptance of the Southside Community Center Master Plan Update.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the Southside Community Center Master Plan Update was accepted. Vote: 11-0-0-0.
FISCAL AFFAIRS
10a PUBLIC HEARING and adoption of a resolution approving the levy of assessments for Fiscal Year 1999-2000 for the Downtown Business Improvement District and the Downtown BID Budget Report for Fiscal Year 1999-2000, as filed or as modified by Council. CEQA: Exempt. (Conventions, Arts & Entertainment)
Documents
filed: (1) Memorandum from Jim McBride, Acting Director of the Department
of Conventions, Arts and Entertainment, dated May 19, 1999, recom-mending
approval of the 1999-2000 Budget Report and adoption of said resolution. (2)
Proof of Publication of Notice of Public Hearing submitted by the City Clerk.
(3) Affidavit of Posting of Notice of Hearing submitted by the City Clerk.
Discussion/Action: The public hearing was opened and Todd Elliott, San José Downtown Association, spoke in support of the proposal. Upon motion by Council Member Diaz, seconded by Council Member Chavez, and unanimously carried, the public hearing was closed and Resolution No. 68903, entitled: “A Resolution of the Council of the City of San José Approving the Budget Report of the Downtown Business Improvement District for Fiscal Year 1999-2000 and Levying Assessments in the District for Fiscal Year 1999-2000”, was adopted. Vote: 11-0-0-0.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS
The Council of the City of San José convened the Redevelopment Agency Board at 1:36 p.m. to consider Item 11a in a joint session.
11a Adoption of resolutions by the City Council and the Redevelopment Agency Board finding and determining the public interest and necessity for acquiring by condemnation certain real property described as 48 South 4th Street, 58 South 4th Street, 64 South 4th Street, 78 South 4th Street, and an unaddressed parcel (APN #467-23-008, 007, 005, 072, & 006), and authorizing the acquisition of these properties by eminent domain. CEQA: Resolution No. 64273 and 68839. (Redevelopment Agency/City Manager’s Office)
(Deferred from 5/25/99 – Item 11a)
Documents filed: Memorandum from Assistant City Manager, Debra J. Figone, and Redevelopment Agency Executive Director, Frank M. Taylor, dated May 12, 1999, recommending adoption of said resolutions.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Fiscalini, seconded by Council Member Shirakawa, Jr., and unanimously carried, Resolution No 68904, entitled: “A Resolution of Necessity of the Council of the City of San José Making Certain Findings and Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil Procedure for the Following Projects: Fourth Street Public Garage Project; Authorizing and Empowering the City Attorney to Bring an Action in Eminent Domain to Acquire Certain Property for Said Project and to Apply for an Order of Possession Before Judgment and to Prosecute Said Action to Final Judgment; Authorizing the City Manager to Negotiate a Cooperation Agreement with the Redevelopment Agency of the City of San José (“Agency”) to provide for Transfer of Agency Funds to Acquire Such Properties; and Authorizing and Empowering the Deposit of Money in Court for Possession of Said Real Property from the Funds Lawfully Available Therefore”, and Redevelopment Agency Resolution No. 4705, were adopted. Vote: 11-0-0-0.
ORAL COMMUNICATIONS
Cathy Brandhorst spoke on societal issues.
The Redevelopment Agency
Board portion of the meeting was adjourned at 1:38 p.m.
CLOSED SESSION
City Attorney Gallo disclosed the following Closed Session actions of June 8, 1999:
A. Authority to Participate Or Intervene in Litigation:
The City Attorney was granted authority to participate or intervene in an administrative proceeding before the Department of Transportation filed by United Airlines.
Council Vote: Ayes: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Gonzales.
Noes: None.
Absent: None.
Abstain: Woody.
B. Authority to Seek Review by The California Supreme Court in a Litigation Case.
Case Name: Hi-Voltage Wire Works, Inc., et al. v. City of San José, et al.
Adverse party or parties: Hi-Voltage Wire Works, Inc., et al.
Substance of litigation: This is an action challenging the City’s “Nondis-crimination/Nonpreferential Treatment Program” applicable to construction contracts in excess of $50,000.
Council Vote: Ayes: Chavez, Diaz, Diquisto, LeZotte, Matthews, Powers, Woody.
Noes: Dando, Fiscalini, Shirakawa; Gonzales.
Absent: None.
Abstain: None.
RECESS/RECONVENE
Following Oral Communications, Council recessed at
2:03 p.m. and reconvened at 7:04 p.m., Council Chambers, City Hall.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - None.
RECESS/RECONVENE
(Cont’d.)
City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications and other actions as recommended. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the below noted continuances and other actions were granted. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Presentation of a commendation to the members of the Civic Center Relocation Task Force. (Fiscalini)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined at the podium by Vice Mayor Fiscalini, who commended Troy Brown, Sue Cam, Kris Cunningham, Melody Floyd, Dennis Fong, Angelo Garcia, Abi Maghamfar, Kathy Meier, John Neece, Janet Redding, Katherine Strehl, Cora Tomalinas, Richard Zlatunich, and Tommy Fulcher for their services on the Civic Center Relocation Task Force.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS
The Council of the City of San José convened the Redevelopment Agency Board at 7:04 p.m. to consider Item Nos. 15a, 15b, 15c, 15d, 15e, and 15f in a joint session. Items 15a-f were heard together.
PUBLIC HEARINGS
15a PUBLIC HEARING ON APPEAL OF THE CERTIFICATION by the Planning Commission of the Final Environmental Impact Report for the adoption of the Civic Plaza Redevelopment Plan and Project Area (PP 98-03-072) to implement a program associated with the redevelopment, rehabilitation, revitalization, and removal of blight within the Redevelopment Plan Area. The project will include a variety of public and private redevelopment projects. The proposed near-term redevelopment projects include a new San José City Hall/Municipal Services Building complex, one or more performing arts theaters, a child care center, a new City library, retail space, a public plaza, and off-site parking facilities. Far-term redevelopment projects may include a general office building and mixed use commercial/residential shopping center. District 3. Planning Staff recommends upholding the decision of the Planning Commission.
(Continued from 6/1/99 – Item 11a)
Documents
filed: (1) Memorandum from City Attorney Joan R. Gallo, dated June 4, 1999,
advising the Council and Redevelopment Board of actions necessary to establish
the Civic Center Redevelopment Project Area and adopt the Proposed Plan. (2)
Memorandum from Assistant City Manager Debra J. Figone, and Redevelopment
Agency Executive Director Frank Taylor, dated May 27, 1999, recommending the
formation of the Civic Plaza Redevelopment Project Area and approval of the new
Downtown City Hall. (3) Memorandum from Agency Executive Director, Frank M.
Taylor, dated May 28, 1999, providing replacement pages 21-23 to Exhibit C of
the Report Accompanying the Proposed
Civic Plaza Redevelopment Plan and Merger into the San José Merged Area
Redevelopment Project, filed in the May 5, 1999 Committee of the Whole
Report. (4) Proof of Publication of
Public Hearing Renotice of
PP98-03-072, submitted by the City Clerk. (5) Hard copies of the slide
presentation made by City and Redevelopment Agency Administration. (6)
Correspondence from County Executive Richard Wittenberg, County of Santa Clara,
dated June 7, 1999, presenting the County’s objections to the proposed adoption
of the Civic Plaza Redevelopment Plan, amended Redevelopment Plan for the East
Santa Clara Street Project Area, and merger of the Civic Plaza Redevelopment
Project with the San José Merged Redevelopment Project Area. (7) Letter from
the Affordable Housing Network, dated May 26, 1999, regarding the expected loss
of low income housing from the proposed project. (8) Letters from John Messina,
dated May 31and June 8, 1999, expressing opposition to the proposal. (9)
Petitions opposing the proposed project submitted by Ross Signorino and signed
by approximately 102 individuals. (10) Letter from Albert J. Ruffo, dated June
8, 1999, opposing relocation of City Hall to the downtown.
Discussion/Action:
Mayor Gonzales opened the public hearing on the appeal of the certification by
the Planning Commission of the Final Environmental Impact Report (EIR) for
adoption of the Civic Plaza Redevelopment Plan and Project Area, thanked
members of the Civic Center Relocation Task Force and the Administration for
their work, and introduced Acting City Manager Debra Figone for opening
comments. Acting City Manager Figone stated the decisions before the Council
are truly historic issues which few public officials have the opportunity to
consider, i.e., where should the heart of the City be located. She noted the
current location of City Hall has been the seat of City Government since 1957
and the City Hall building which has served the City well has long since been
outgrown, and the City currently rents far more space than it owns, which is
what has led to tonight’s decision. She stated the decisions fall into two areas,
i.e., the creation of a new Civic Plaza Redevelopment Project Area and the
building of a new City Hall, and if approved tonight, Council will be
committing the City to a downtown City Hall on the South Side of Santa Clara
Street between 4th and 6th Streets. To aid Council in
those decisions, she stated Staff will provide background information on the
project and walk through the issues surrounding each of the key decisions.
Redevelopment Agency Executive Director Frank Taylor stated a central principle
in the development of the downtown over past decades has been a series of
public places surrounded by major public/private investment: First was the
historic
Chavez Plaza, anchored by the public commitment of the Convention Center and
surrounded by the development of the Fairmont Hotel, the Tech, the
rehabilitated Saint Joseph’s Cathedral, the Repertory Theater, the Saint Clare
Hotel and major office development. Next was the development of the Guadalupe
River, anchored by the public commitment of the Arena, and which includes the
Adobe Headquarters, major office developments, the Children’s Discovery Museum,
open space, numerous trails and numerous amenities for all ages. Now the
opportunity is before Council to consider the third major gathering place
anchored by public commitment, to consist of a new City Hall and Civic Plaza
Redevelopment Area that will include a future library, a future symphony, a new
church, a new school and open space, and will revitalize an historic downtown
neighborhood. He stated the project area was selected for its expansion
opportunities, its location next to San José State University, and because the
area has had little public or private investment for generations. He stated the
site will be designed for the celebration of government, with concern for
children and the elderly, and where great connecting corridors connect to each
of these major gathering places: Santa Clara Street, First and Second Streets,
and the Paseo. He stated the coordination between City and Agency staff has
been outstanding and he thanked resident groups for their leadership and the
City Manager and Staff for their expertise and shared enthusiasm. Acting City
Manager Figone thanked members of the Civic Center Relocation Task Force and
the public who participated in the various stages of the public input process,
acknowledged Vice Mayor Fiscalini and Mayor’s Budget and Public Policy Director
Guerra for leadership and support from the Mayor and City Council Offices,
Darrell Dearborn and Tom Manheim from the Manager’s Office, Ralph Qualls and
Gary Thompson from Public Works, Jim Derryberry and Planning Staff, John
Guthrie and Julia Cooper from Finance, Bill Hughes and Patty Deignan from the
Attorney’s Office, and from the Redevelopment Agency, Special Projects Director
Bill Ekern, Special Projects Assistant Manager Peter Larko, and Principal
Architect Jeff Oberdorfer, all of whom put in an extraordinary amount of time
on the project. Public Works Director Qualls stated the presentation will consist
of four parts as indicated on the agenda and detailed in the slide
presentation, concluding with a summary of the community issues, the
architectural design and program, and ending with the Staff recommendation. He
stated the project has reached this important milestone from prior events,
beginning with the original Ballot Measure in 1968, the Civic Center Operations
Plan Study brought to Council in June 1994, followed by Measure I in November
1996, site selection in June 1997, financial review and other steps in
September 1998, and a Committee of the Whole meeting in June 1999. Planning
Director Jim Derryberry stated a full Environmental Impact Report for the Civic
Center Plaza Project was noticed to all property owners and residents within
the proposed Redevelopment Project Area and to those outside within a range of
500 feet, noticed numerous times in the San José Mercury News, and circulated
the standard 45 days through the end of January 1999. He stated the EIR
addresses four alternatives to the project, i.e., (1) a smaller project on the
proposed site, (2) rebuilding the existing City Hall, (3) an alternate site on
the Mitchell block downtown on West Santa Clara Street, and (4) the No Project
alternative. He stated the significant unavoidable impacts
that were
identified by the EIR are land use compatibility, shade and shadow,
construction, freeway traffic, visual and historic impacts. He reported that
following a hearing on April 21, 1999, the Planning Commission certified the
Final EIR as adequate and complete under the California Environmental Quality
Act (CEQA), and the Commission’s decision to certify the EIR was appealed on
the 26th of April on the basis of traffic and parking concerns,
particularly in the area of the Horace Mann school. He stated the Staff report
explains why those impacts are not deemed to be significant according to the
City’s environmental thresholds, and later in this presentation Public Works
Director Qualls will comment on recommendations to address neighborhood
concerns pertaining to parking and traffic issues. He stated the three General
Plan amendments for Council’s consideration were deferred from the 1998 General
Plan Annual Review to allow for completion of the EIR, Amendment GP98-3-8
designates the sites proposed for the City Hall/Municipal Services Building and
the Symphony Hall and changing the Land Use/Transportation Diagram to
Public/Quasi-Public will facilitate the concentration of public uses on both
sides of Santa Clara Street between 4th and 6th Streets,
will promote the identity and image of the downtown as the heart of San José,
and is consistent with the San José 2020 General Plan and the Downtown Strategy
Plan. He stated Amendment GP98-3-9 to change the Land Use/Transportation
Diagram on two small parcels on 6th Street, which are planned for
general commercial development, is proposed as a mixed use commercial and
residential project and will encourage more intense pedestrian-oriented uses in
support of both the Downtown Frame Special Strategy Area and the East Santa
Clara Street Intensification Corridor in the San José 2020 General Plan; and
Amendment GP98-T-8 applies only to the area proposed for the City
Hall/Municipal Services Building and would increase the allowable height limit
from 120 feet to 230 feet to give the architects maximum flexibility in
designing the San José City Hall/Municipal Services complex. Redevelopment
Special Projects Director Bill Ekern stated the proposed actions would reduce
the East Santa Clara Street Redevelopment Plan to eliminate the overlap with
the proposed Project Area, and establish the Civic Plaza Redevelopment Plan and
Project Area and its merger into the San José Merged Project Area. He stated
the intent of establishing the Civic Plaza Redevelopment Project Area is to
eliminate blight and strengthen the economic base, maximize urban design
opportunities and attract private investment, facilitate development and allow
for rehab/replacement of substandard public improvements, retain and enhance
existing historic buildings, provide recreation, cultural facilities and
parking, encourage seismic strengthening of commercial buildings, and enable
the clean up of hazardous problems in the area. He summarized public outreach efforts on the project and stated
the Civic Plaza Redevelopment Project Area Committee, comprised of residents,
property and business owners in the project area, voted 16-1 to recommend the
Civic Plaza Redevelopment Project Area be formed and the proposed plan adopted.
He enumerated various components comprising the Civic Plaza Redevelopment Plan,
and stated that during public testimony three recurring themes were addressed,
i.e., construction management to address impacts to the neighborhood, parking
capacity during and after construction, and the impacts of increased traffic.
He stated relocation plans addressing
the City Hall
and Symphony Hall projects were reviewed by Last Resort Housing Committees
comprised of potential residential displacees and housing advocacy groups and
chaired by the Real Estate Division of Public Works, that the 30-day public
review period is completed for the City Hall Relocation plan and will be
completed for the Symphony Hall at the end of June 1999 and could be adopted on
August 3, 1999. Finance Director John Guthrie introduced Glenn Williams, a Real
Estate Economist with PCR Kotin, who joined him to answer Council’s questions.
Director Guthrie made a presentation on the Financing Plan, beginning with the
financial model which explains how the plan would meet the constraints of
Measure I, followed by review of the sensitivity analysis run by the consultant
to test the assumptions in the Measure I test. He stated an analysis of Measure
I determined two tests must be met; first, an economic test to determine
whether the project makes financial sense over time and, secondly, the budget
test which asks whether the project can be undertaken without increasing taxes
or taking away from other City services. He stated both tests have been met in
the detailed financial model developed by PCR Kotin and composed of two
scenarios which compare the costs over 50 years of continuing to lease
buildings for City staff growth with the cost to house employees if the City
builds downtown. He stated both scenarios include reasonable, logical and
probable assumptions about what will happen in the future, and the economic
test clearly showed Measure I is satisfied with the updated assumptions and the
budget test is easily met by the financial model. He explained the key assumptions
that have changed and the financial model’s capacity to be rerun to reflect
changing variables, and stated numerous sensitivity analyses were run to gain a
greater comfort in the viability of the model and, based on the Measure I test
itself and the comfort afforded by the sensitivity tests, Staff is recommending
Council certify that the Downtown City Hall project conforms to Measure I.
Public Works Director Qualls reported on community issues which were addressed
by the Project Area Committee (PAC) and stated the formation of a traffic and
parking oversight committee is recommended to examine a variety of issues and
solutions to meet neighborhood concerns relating to traffic and parking issues.
He presented responses to Council’s questions at the May 6, 1999 Committee of
the Whole meeting regarding growth projections and stated Staff will report to
Council on June 15, 1999 with design scope decisions addressing components to
be incorporated into the conceptual and schematic design, and will present critical
decisions with respect to the design and scope of the building budget dealing
with the site layout, parking development and the expansion component. He
stated the benefits of building a new City Hall in a downtown location will
yield a significant savings over leasing by meeting the space needs for City
Administrative functions and decreasing leased office space requirements. He
stated the project is financially feasible and meets the Measure I test and
Staff recommends Council certify the Civic Plaza EIR, approve the Civic Plaza
Redevelopment Area Plan, approve the financing plan, and approve the Relocation
and Last Resort Housing Plan and the formation of a Civic Center Traffic and
Parking Committee. Council Member LeZotte questioned whether projected growth
rates are too low and if so, asked how that would affect the 50 year estimated
life of the new City Hall. Finance Director Guthrie stated that 50 years is the
projected
economic life
of the building based upon the economic value of the structure, for example,
the current building still has an economic value of ten years, although it
could be closer to four years because of the major renovation needed, and in
terms of the building grades and modern building codes, he stated the current
building is substandard to the planned new City Hall building. Mayor Gonzales
called for public testimony and the following individuals addressed Council on
the proposed plan: Dave Pitman, Chair of the PAC, A. Berkley Driessel, Santa
Clara County Association for Good Government, Kevin Kittili, Rev. Larry
Burrough, First Presbyterian Church of San José, Ross Signorino, Ken Podgorsek,
Vice-Chair of PAC, PAC member Chris Block, Debra L. Cauble, County of Santa
Clara, Charles Huang, East Santa Clara Street Business Association and PAC
member, John Messina, Esther Rechenmacher, Carol Savoy, Michael Reedy, Jack
Greer, PAC; April Halberstadt, Jim Crawford, San José First United Methodist
Church and PAC member, Sue Cam, Horace Mann Neighborhood Association and PAC
member, Robert Trifilo, San José Downtown Residents’ Association, Walter
Phillips, Jennie Larson, Julian/Saint James Neighborhood Association, Adam
Escoto, Father Tim Kidney, Saint Patrick’s Parish, Lenora Porcella, Joe
Pambianco, Julian/Saint James Neighborhood Association, Patti Phillips, Horace Mann
Neighborhood Association, Judy Stabile, San José Downtown Association, Saul
Wachter, Affordable Housing Network, William J. Garbett, Albert J. Ruffo,
Silvia Mejia, John Neece, Santa Clara Building Trades Council, Mark Abinante,
Keith Alan Watt, Trianon Theater and PAC member, Richard Upton, Ellen Garboske,
Preservation Action Council of San José, Vincent Bartning, Project Area
Residential Committee, Shirley Lewis, San José Symphony, and Andy Diaz. Mayor Gonzales
closed the public testimony. Vice Mayor Fiscalini acknowledged the
cooperative efforts of Acting City Manager Figone and Redevelopment Executive
Director Taylor, thanked his staff and fellow Council Members for progress on
the project that he termed the most significant any of them would probably ever
address, and stated what is proposed is truly a building by the people, of the
people and for the people. He stated the need for a new building has been well
documented and the people’s house should be in the heart of the City, where it
once was and should now be returned, and this is a place in time for the
appropriate opportunity to accomplish that goal. He stated for the last fifteen
years he has been involved in the redevelopment of the core of the City and as
he watched the heart of the City come together, the missing piece is the Civic
Center, and once those elements are put in place, San José will truly return to
its glory. He stated the project represents fiscal responsibility, that public
outreach has been more than ample and those who participated in the outreach
programs should be commended. He stated the design of the building will be
dictated by the business to be conducted there, it will be a sustainable
building, responsive to technology, welcoming to its people, a place of pride,
a safe environment and a wonderful addition to the downtown community. Vice
Mayor Fiscalini moved to find that the EIR is complete and conforms to the
requirements of CEQA and that therefore, the appeal is denied and the
Commission’s certification of the Final EIR is upheld; that the EIR identified
land use, construction, freeway traffic, air quality, visual and historic
impacts as significant and unavoidable; the Civic Plaza Redevelopment Plan will
promote revitalization on the
east side of Downtown, allow consolidation of the City’s services, revitalizing and providing a catalyst to redevelopment, will create a significant public open space and provide improved cultural facilities for the City; the Plan promotes the General Plan policies of Downtown Redevelopment, and these benefits outweigh the significant unavoidable environmental impacts. Council Member Powers seconded the motion. On a call for the question, the motion carried, the public hearing was closed, the appeal was denied and the decision of the Planning Commission to certify the Final Environmental Impact Report was upheld; Resolution No. 68905, entitled: “Resolution of the City Council of the City of San José Making Certain Findings Required by the California Environmental Quality Act in Connection with the Adoption of the Civic Plaza Redevelopment Project Area for which an Environmental Impact Report has been Prepared”; and Redevelopment Agency Resolution No. 4716, pertaining to findings that the EIR is complete and conforms to the requirements of CEQA, the denial of the appeal and upholding the Planning Commission’s certification of the Final EIR, were adopted. Vote: 9-2-0-0. Noes: Chavez, Woody.
15b PUBLIC HEARING on proposed General Plan Amendments:
(1) GP98-3-8: General Plan Amendment to change the Land Use/Trans-portation Diagram for property located on both sides of East Santa Clara Street between South Fourth and South Fifth Streets and the south side of East Santa Clara Street between South Fifth and South Sixth Streets, from Medium High Density Residential (12-25 DU/AC) (2.2 acres), Residential Support for the Core (25+ DU/AC) (2.2 acres), and General Commercial (2.6 acres) to Public/Quasi-Public on 7 acres. (Redevelopment Agency). CEQA: Resolution No. 68905. Planning Staff recommends Public/Quasi-Public on 7 acres. Planning Commission recommends Public/Quasi-Public on 7 acres (6-0-1).
(2) GP98-3-9: General Plan Amendment to change the Land Use/Trans-portation Diagram for property located on the east side of South Sixth Street, 320 feet south of East Santa Clara Street, from Medium High Density Residential (12-25 DU/AC) to General Commercial on 0.3 acres. (Redevelopment Agency) CEQA: Resolution No. 68905. Planning Staff recommends General Commercial on 0.3 acres. Planning Commission recommends General Commercial on 0.3 acres (6-0-1).
(3) GP98-T-8: General Plan Text
Amendment to modify the Urban Design Policies to allow for building heights up
to 230 feet for the proposed City Hall/Municipal Services Building(s). (Redevelopment Agency) CEQA: Resolution No. 68905. Planning Staff
recommends adoption of the proposed Text Amendment. Planning Commission recommends adoption of the proposed Text
Amendment as modified by staff on April 21, 1999
6-0-1).
(Continued from 6/1/99 – Item 11b)
Documents filed: (1) Memorandum from the Planning Commission, dated May 14, 1999, recommending approval of two General Plan Amendments and the General Plan Text Amendment for the subject project. (2) Proofs of Publication of Notices of Public Hearing, submitted by the City Clerk. (3) Letter from Joseph Thanh Nguyen and Linda Kim Nguyen, dated May 18, 1999, opposing the proposed amendment and requesting their property at 193-197 East Santa Clara Street remain General Commercial and be excluded from the development plan.
Discussion/Action: The three General Plan Amendments comprising Agenda Item 15b were voted on individually. On Amendment GP98-3-8, Vice Mayor Fiscalini moved approval of the recommendation of the Planning Commission and the Staff recommendation. Council Member Powers seconded the motion. On a call for the question, the motion carried, and the recommendation of the Staff and Planning Commission for Public/Quasi Public on 7 acres was approved. Vote: 8-3-0-0. Noes. Chavez, LeZotte, Woody. On Amendment GP98-3-9, Vice Mayor Fiscalini moved approval of the recommendation of the Planning Commission and the Staff recommendation. Council Member Powers seconded the motion. On a call for the question, the motion carried unanimously and the recommendation of the Staff and Planning Commission for General Commercial on 0.3 acres was approved. Vote: 11-0-0-0. On Amendment GP98-T-8, Vice Mayor Fiscalini moved approval of the recommendation of the Planning Commission and the Staff recommendation. Council Member Powers seconded the motion. On a call for the question, the motion carried, and the recommendation of the Staff and Planning Commission for adoption of the proposed Text Amendment as modified by Staff on April 21, 1999, was approved. Vote: 8-3-0-0. Noes: Chavez, LeZotte, Woody. Pursuant to Council’s action on Items 15b(1), 15b(2) and 15b(3), Resolution No. 68906, entitled: “A Resolution of the Council of the City of San José Adopting, Pursuant to Title 18 of the San José Municipal Code, Amendments to the San José 2020 General Plan, San José, California, making Text and Land use/Transportation Diagram Changes Relating to the Civic Center Redevelopment Area”, was adopted. Vote: 8-3-0-0. Noes: Chavez, LeZotte, Woody.
15c Actions by the City Council and Agency Board related to Redevelopment Plan adoption:
(1) Adoption of resolutions by the City Council and Agency Board approving the Report Accompanying the Twelfth Amendment to the East Santa Clara Street Redevelopment Plan; and
(2) Adoption of resolutions by the City Council and Agency Board approving the Report Accompanying the Proposed Civic Plaza Redevelopment Plan; and
(3) Approval of an ordinance by the City Council adopting the Twelfth Amendment to the East Santa Clara Street Redevelopment Plan; and
(4) Approval of an ordinance by the City Council adopting the Civic Plaza Redevelopment Plan; and
(5) Approval of an ordinance by the City Council approving the merger of the Civic Plaza Redevelopment Plan into the San José Merged Area; and
(6) Adoption of a resolution by the City Council making certain determinations pursuant to the Health and Safety Code, Section 33445 regarding construction of public improvements in the Project Area.
(Redevelopment Agency)
(Deferred from 6/1/99 – Item 11c)
Documents filed: (1) Memorandum from the Planning Commission, dated May 14, 1999, stating the Planning Commission voted 6-1 to recommend Council adopt the Civic Plaza Redevelopment Plan and approve the merger of the proposed Civic Plaza Plan into the San José Merged Area. (2) Memorandum from Agency Executive Director, Frank M. Taylor, dated May 24, 1999, recommending the Council and Agency Board approve the proposed Civic Plaza Redevelopment Plan, the Twelfth Amendment to the East Santa Clara Street Redevelopment Plan, the report accompanying the Civic Plaza Plan, the report accompanying the East Santa Clara Street Plan Amendment, and the merger of the Civic Plaza Redevelopment Plan into the existing San José Merged Area Redevelopment Project, and make certain determination required by Community Redevelopment Law for Agency funding of public improvements.
Discussion/Action:
Vice Mayor Fiscalini moved approval of the necessary actions by the City
Council and the Agency Board related to the adoption of the Redevelopment Plan,
including amendments to the East Santa Clara Street Plan, and the merger of the
Civic Center project Area into the Merged Area, as recommended by City Attorney
Gallo in her memorandum dated June 4, 1999. Council Member Powers seconded the
motion. On a call for the question, the motion carried unanimously, Resolution
No. 68907, entitled: “Resolution of the Council of the City of San José
Approving the Report Accompanying the Twelfth Amended Redevelopment Plan for
the East Santa Clara Street Redevelopment Project Area”; Resolution No. 68908,
entitled: “Resolution of the Council of the City of San José Approving the
Report Accompanying the Proposed Civic Plaza Redevelopment Plan”; Resolution
No. 68909, entitled: “Resolution of the Council of the City of San José Making
Certain Determinations in Compliance with Health and Safety Code Section 33445
Regarding the Payment of Costs by the Redevelopment Agency of the City of San
José for Construction of Certain Public Improvements in the Civic Plaza
Redevelopment Project Area”; Ordinance No. 25886, entitled: “An Ordinance of
the City of San José Approving and Adopting the Twelfth Amended East Santa
Clara Street Redevelopment Project Area to Reduce the Plan Boundaries and
Making Certain Findings”; Ordinance No. 25887, entitled: “An Ordinance of the
City of San José Adopting the Civic Plaza Redevelop-ment Plan and Making
Certain Findings”; Ordinance No. 25888, entitled: “An Ordinance of the City of
San José Amending 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 and the Civic Plaza Redevelopment Plan to Effect the Merger of Said Redevelopment Project Areas and Making Certain Findings”; and Redevelopment Agency Resolution No. 4714 approving the report accompanying the Twelfth Amendment to the East Santa Clara Street Redevelopment Plan and Redevelopment Agency Resolution No. 4715, approving the report accompanying the Proposed Civic Plaza Redevelopment Plan, were adopted. Vote: 11-0-0-0.
15d Adoption of a resolution by the City Council approving the proposed new Downtown Civic Center Project, located on the south side of Santa Clara Street between Fourth and Sixth Streets, certifying that the Project meets the parameters of Measure I, approving the Plan of Finance for the Project, and declaring the City’s intent to reimburse itself from bond proceeds for expenditures incurred prior to the issuance of bonds.
(Redevelopment Agency)
(Deferred from 6/1/99 – Item 11d)
Documents filed: (1) Memorandum from Finance Director John Guthrie, dated May 28, 1999, recommending Council certify that the proposed new Downtown City Hall conforms to Measure I, approve the Downtown City Hall project, approve the Financing Plan, and declare the City’s intention to reimburse from bond proceeds qualified project costs. (2) Memorandum from City Attorney Joan R. Gallo, dated May 25, 1999, providing an analysis of Measure I.
Discussion/Action: Vice Mayor Fiscalini moved approval of the Staff recommendation to approve the Downtown Civic Center Project and Plan of Finance and certify that the project meets the parameters of Measure I. Council Member Powers seconded the motion. Mayor Gonzales requested the City Attorney to address issues raised by speaker Al Ruffo regarding the Measure I test. City Attorney Gallo stated that as advised in her memorandum dated May 25, 1999, the City has met Measure I tests, as indicated by the sensitivity analysis presented by the Director of Finance, and Council can certify the project as consistent with Measure I. On a call for the question, the motion carried, and Resolution No. 68910, entitled: “A Resolution of the Council of the City of San José Certifying that the Proposed New Downtown Civic Center Project Meets the parameters of Measure I and Approving the Project and its Financing Plan and Other Related Actions”, was adopted. Vote: 8-3-0-0. Noes: Chavez, LeZotte, Woody.
15e Approval by the City Council of the Relocation and Last Resort Housing Plan for the Civic Center site. (Redevelopment Agency)
(Deferred from 6/1/99 – Item 11e)
Documents filed: Memorandum from Agency Executive Director, Frank M. Taylor, dated May 19, 1999, recommending approval of a Relocation Plan for the Civic Plaza project.
Discussion/Action: Vice Mayor Fiscalini moved approval of the Relocation and Last Resort Housing Plan for the Civic Center site. Council Member Powers seconded the motion. On a call for the question, the motion carried, and the Relocation and Last Resort Housing Plan for the Civic Center site was approved. Vote: 9-2-0-0. Noes: LeZotte, Woody.
15f Approval by the City Council of formation of a new Civic Center Traffic and Parking Committee. (Redevelopment Agency )
(Deferred from 6/1/99 – Item 11f)
Documents filed: Memorandum from Vice Mayor Fiscalini and Council Member Chavez, dated June 8, 1999, recommending the following items be referred to staff for consideration and development of work plans for implementation to be presented to Council within ninety days: (1) Implement a Council-initiated rezoning project, (2) Provide Permit Parking in impacted residential neighborhoods, (3) Create a Public Safety Plan for the area, and (4) Report to Council on PAC’s recommendations.
Discussion/Action:
Vice Mayor Fiscalini moved approval of the formation of a new Civic Center
Traffic and Parking Committee and direct Staff to develop a description of the
Committee’s responsibility for Council approval at a later date, and that the
memorandum from Vice Mayor Fiscalini and Council Member Chavez dated June 8,
1999, be included in the motion. Council Member Powers seconded the motion.
Commenting on suggestions made by several speakers, Council Member Dando
requested review of the feasibility of undergrounding utility lines in the
area, relocation of the historic homes within the general area of the
neighborhood if possible, and investigation of alleged drug activities in the
area, be included in the motion. Vice Mayor Fiscalini, the maker of the motion,
and the second, Council Member Powers, agreed to include those referrals to
Staff in the motion. A suggestion by Council Member Matthews that the Symphony
be represented on the traffic and parking committee was agreed to by Vice Mayor
Fiscalini and Council Member Powers, who added a request that the Valley
Transportation Authority (VTA) be represented on the committee, and both
requests were added to the motion. On a call for the question, the motion
carried unanimously, and Council (1)
Approved the formation of a new Civic Center Traffic and Parking Committee, to
include VTA and Symphony representatives, and directed Staff to develop a
description of the Committee’s responsibilities for Council approval at a
future date, (2) Approved the recommendations by Vice Mayor Fiscalini and
Council Member Chavez dated June 8, 1999, and (3) Directed Staff to
review the
feasibility of undergrounding utility lines, relocate historic homes in the
general area of the neighborhood, if possible, and investigate allegations of
drug activity in the proposed Redevelopment area. Vote: 11-0-0-0. Vice Mayor Fiscalini stated that pursuant to the
Mayor’s State of the City Address, he is confident that with the Mayor’s
leadership, Council will make significant progress toward the goal of moving
light rail in a direction that serves both the City Hall and the University.
Council Member Woody stated she appreciates the work of Staff and believes
there needs to be a revitalization project in the area, but disagrees that City
Hall needs to be the economic engine to make that work; agrees that either a
new City Hall or revitalization of the current facility is needed, but
disagrees that it needs to be in the downtown. She stated she had voted against
placing Measure I on the ballot because she thought Measure I tests are too
easy to meet, and expressed concerns about whether the new facility could
handle future growth and how issues relating to parking, transit and
accessibility will be addressed. She stated she supports the Civic Plaza
Project, with the Symphony Hall, arts and other venues to revitalize the downtown,
but expressed disappointment in how the project has progressed toward building
a new City Hall in the downtown, which is the reason she is voting against most
of the recommendations. Council Member LeZotte stated she is not opposed to
forming the Redevelopment area but opposes moving City Hall from its current
location as City Hall is already located at the seat of government and moving
away from the County, Police and Fire and other government offices would
inconvenience residents. She expressed concerns about accessibility, traffic
and parking, and whether the new City Hall would soon be outgrown, and if the
assumptions used are accurate. She stated using Redevelopment funds violates
the spirit, if not the substance, of Measure I, and that retaining City Hall at
it current location avoids the significant unavoidable impacts and, for those
reasons, she is opposed to moving City Hall. Council Member Chavez stated she
had similar reasons for voting against moving City Hall downtown because the
current cluster of public services has worked well and she is not convinced
that City Hall will have a positive economic benefit for the downtown area.
However, given the support on the Council for the relocation, she stated her
interest now is to increase participation in the process among the broader
neighborhood that will be affected, working together to ensure the project is
the best possible, and stated the project provides an opportunity to develop a
seven day per week active and interactive building, and anything less would
contribute to the lack of safety and lack of community for the area. She stated
she is committed to that outcome and looks forward to working with all
stakeholders on the next steps of the project. Council Member Diaz stated his
concerns about meeting Measure I were answered by the financial analysis and
even with the worst case scenario, he thought Measure I tests would be met. He
stressed the need for sensitivity to neighborhood issues, expressed concern
about the loss of affordable housing. Mayor Gonzales stated regarding the
process, that there have been only two major projects in San José that were put
before the voters, the Arena and the City Hall, and stated the option of
building at the current location was not what the voters approved and Council
has no authority to take that course of action. He stated traffic and
transportation issues are major concerns, expressed support for the
recommendations by Vice Mayor Fiscalini and Council Member Chavez, and noted that good suggestions were made at the May 6, 1999 Committee of the Whole on the subject. He stated the project will afford an opportunity for the City to leverage from this investment to find ways to connect all parts of the City with the downtown and that Staff has been requested to present ideas to the Transportation and Environment Committee as soon as possible in light of the quick decisions that will be made at the County level about the use of Measure A/B funds. In conclusion, he stated this is an historic vote affecting the future of the city, that it is a good investment which will over the long term save money, create efficiencies, and make an important contribution to the downtown. He thanked all parties involved in the project on behalf of the City, beginning with Vice Mayor Fiscalini for the