MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
OCTOBER 17, 2000
The Council of the City of San Jose was scheduled to convene in Closed Session at 9:30 a.m., in Room 600. The Closed Session was cancelled and the City Council convened in Regular Session at 1:38 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz (entered Chambers at 1:55 p.m.), Diquisto, LeZotte, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: Fiscalini (excused)
Vacant: District 4
INVOCATION
PLEDGE OF ALLEGIANCE
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
CEREMONIAL
ITEM
5a Presentation of a
commendation to Southwest Airlines for their support of youth and literacy
programs in the City of San José and award of the Summer Reading Club’s grand
prize ticket to the winners Bronte Hendron and her parents, Mike and Julia
Hendron. (Library)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Assistant
City Librarian Paul Underwood spoke briefly about the role San José Public
Library Partners in Reading play in community literacy. He stated more than
20,000 youth participated in this year’s reading program, and among the
finishers was Bronte Hendron - this year’s winner. He introduced Southwest
Airlines Representative Kim Delevett who expressed the Airlines’ general
support for community programs involving youth and literacy, presented the
Summer Reading Club grand prize to 1½-year-old Bronte, and commended her
parents, Mike and Julia Hendron, for giving their child the all-important early
exposure to literature. Mayor Gonzales stressed the importance of widespread
community literacy, the essential role of library programs to meet the goal,
and the role of community partnerships in those programs. He presented the
commendation to the honorees and, on behalf of the City Council and residents
of the City of San José, expressed appreciation to Southwest Airlines for their
generous support for literacy in the community.
CONSENT CALENDAR
Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
Minutes for Approval
6a(1) Regular Meeting of August 22, 2000
Documents Filed: Minutes of the regular meeting of August 22, 2000.
Discussion/Action: The Minutes were approved. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6a(2) Adjourned Regular Meeting of August 22, 2000
Documents Filed: Minutes of the adjourned regular meeting of August 22, 2000.
Discussion/Action: The Minutes were approved. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6a(3) Adjourned Regular Meeting of August 26, 2000
Documents Filed: Minutes of the adjourned regular meeting of August 26, 2000.
Discussion/Action: The Minutes were approved. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
Ordinances for Final Adoption
6b(1) ORD. NO. 26211 – Rezones certain real property situated at
the northwest corner of Stockton Avenue and The Alameda. C 00-05-044
Documents Filed: Proof of publication of the title of Ordinance No. 26211 executed on October 10, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26211 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6b(2) ORD. NO. 26212 – Rezones certain real property situated on
the north side of Curtner Avenue approximately 210 feet west of Celestine
Avenue. PDC 00-07-060
Documents Filed: Proof of publication of the title of Ordinance No. 26212 executed on October 10, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26212 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
Public
Hearings Set by Council
6c(1) Adoption of a resolution initiating proceedings and setting a
date for Council consideration of the reorganization of territory designated as
Buena Vista No. 1 which involves the annexation to the City of San José of 38.0
acres of land, bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue,
Meridian Avenue, and both sides of Buena Vista Avenue, and the detachment of
the same from the Sunol Sanitary District, Burbank Sanitary District, County
Lighting District, and Central Fire District.
CEQA: Resolution No. 65459.
(Planning,
Building and Code Enforcement)
[Deferred
from 8/3/99 – Item 6c(1) et al., and 08/15/00 – Item 6c(1)]
Documents Filed: None.
Discussion/Action: This item was deferred to October 13, 2000.
Plans and Specifications
6d(1) TRACT NO. 9274 - North side of Story Road, 725 feet easterly of
Meadow Lane - Pfeiffer Ranch Investors, Inc. (Developer) - 15 single family
detached residential units. Approval of
a parkland agreement and adoption of resolutions approving the plans, final
map, and contract for Tract No. 9274.
CEQA: ND. District 5.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated October 4, 2000, recommending Council approve said agreement and adopt said resolutions for Tract No. 9274.
Discussion/Action: The parkland agreement with Pfeiffer Ranch Investors, Inc., the Developer, was approved and execution of the agreement authorized; and Resolution No. 69933, 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. 9274”; Resolution No. 69934, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9274”; and Resolution No. 69935, 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. 9274”, were adopted. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6d(2) TRACT NO. 9293 -
Southeast corner of N. First Street and Grand Blvd. - Blackwell Village, LLC, A
Delaware Limited Liability Company (Developer) - 59 single family detached
residential units. Approval of a parkland agreement and adoption of resolutions
approving the plans, final map, contract, and water main extension for Tract
No. 9293. CEQA: ND.
District 4. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated October 10, 2000, recommending Council approve said agreement and adopt said resolutions for Tract No. 9293.
Discussion/Action: The parkland agreement with Blackwell Village, the Developer, was approved and execution of the agreement authorized; and Resolution No. 69936, 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. 9293”; Resolution No. 69937, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9293”; Resolution No. 69938, 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. 9293”; and Resolution No. 69939, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract No. 9293”, were adopted. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
Contracts/Agreements
6e(1) Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 2000-2001 #13, and
authorization for the Director of General Services to execute the purchase
orders. (General Services)
Documents Filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated September 27, 2000 recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated October 13, 2000, recommending approval of said award.
Discussion/Action: The award of open purchase orders List No. 13 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6e(2) Approval of award of the purchase of spare
parts for ABB Variable Frequency Drives to ABB Automation, Inc., as a sole
source purchase, for the total cost of $105,002.50, including tax, and
authorization for the Director of General Services to execute the purchase
order. (General Services)
Documents Filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated September 27, 2000, recommending Council award said purchase to ABB Automation, Inc., as a sole source purchase pursuant to Section 4.12.020.D of the San José Municipal Code, and authorize the Director of General Services to execute the purchase order. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated October 13, 2000, recommending Council award said purchase.
Discussion/Action: The award of purchase to ABB Automation, Inc., as a sole source purchase, was approved and execution of the purchase order authorized. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6e(3) Report
on bids and award of the purchase of one (1) 750-kilowatt stationary generator,
for the Department of Environmental Services, to the lowest responsive bidder,
Cummins West, in the amount of $171,038.86, including tax and delivery, and
authorization for the Director of General Services to execute the purchase
order for the:
(a) Immediate purchase of one (1) unit.
(b) Subsequent
purchase of additional units at the same bid price, for one (1) year, without
further Council action other than the appropriation of necessary funds.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 27, 2000, recommending Council accept the bid report and award said purchase to the lowest responsive bidder, and authorize the Director of General Services to execute the purchase order.
Discussion/Action: William J. Garbett spoke against the proposed action. The report on bids was accepted and award of purchase to Cummins West, the lowest responsive bidder, was approved and execution of the purchase order authorized. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6e(4) Report on bids and award of the purchase of
two (2) 11,000-pound trucks with flatbed type bodies, for the Department of
Streets and Traffic, to the low bidder, Carl Chevrolet, at a total cost of
$86,234.89, including tax, and authorization for the Director of General
Services to execute the purchase order for the:
(a) Immediate purchase of two (2) units.
(b) Subsequent
purchase of additional units at the same bid price, for one (1) year, without
further Council action other than the appropriation of necessary funds.
(General
Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 27, 2000, recommending Council accept the bid report and award said purchase to the low bidder, and authorize the Director of General Services to execute the purchase order for the immediate and subsequent purchases of said units.
Discussion/Action: The report on bids was accepted and award of purchase to Carl Chevrolet, the low bidder, was approved and execution of the purchase order authorized. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6e(5) Report on bids and award
the purchase of five (5) 11,000-pound cabs and chassis with leaf holding type
bodies, for the Department of General Services’ Park Maintenance Division, to
the low bidder, Melrose Ford, at a total cost of $214,816.96, including tax,
and authorization for the Director of General Services to execute the purchase
order for the:
(a) Immediate purchase of five (5) units.
(b) Subsequent
purchase of additional units at the same bid price, for one (1) year, without
further Council action other than the appropriation of necessary funds.
(General
Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 27, 2000, recommending Council accept the bid report and award said purchase to the low bidder, and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The report on bids was accepted and award of purchase to Melrose Ford, the low bidder, was approved and execution of the purchase order authorized. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6e(6) Approval
of a grant award agreement with the Police Amateur Athletic Foundation (PAAF)
to assist with expenses associated with hosting the 2001 California Police and
Fire Summer Games in the amount of $125,000 and for the period July 1, 2000 to
October 31, 2001. (Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated September 27, 2000, recommending Council approve said agreement.
Discussion/Action: The grant award agreement with the Police Amateur Athletic Foundation was approved and execution of the agreement authorized. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
6e(7) Report
on bids and award of contract for the Alum Rock Park Youth Lot Renovation
Project to the low bidder, Robert A. Bothman, Inc., in the amount of $236,230,
and approval of a contingency in the amount of $12,000. CEQA:
Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated September 27, 2000, recommending Council accept the report of bids and award said contract to the low bidder and approve said contingency.
Discussion/Action: The report on bids was accepted and award of contract to Robert A. Bothman, Inc., the low bidder, and the contingency amount, were approved and execution of the contract authorized. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
Routine
Legislation
6f(1) Adoption
of a resolution approving a Memorandum of Agreement with the San José Police
Officers’ Association (SJPOA), subject to ratification by the SJPOA
membership. (City Manager’s Office)
Documents Filed: Memorandum from Director of Employee Relations, Alex Gurza, dated October 3, 2000, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69940, entitled: “A Resolution of the Council of the City of San José Approving Memorandum of Agreement Between the City of San José and the San José Police Officers’ Association For the Period of July 1, 2000 Through June 30, 2001 Effective October 15, 2000”, was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report
of the Rules Committee – October 4, 2000
Documents Filed: Rules Committee report of October 4, 2000.
(1) Review October 17, 2000 Draft Agenda
The Committee approved the October 17, 2000 City Council Agenda.
(2) Add New Items to October 10, 2000 Amended Agenda
The Committee recommended three additions to the October 10, 2000 City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated September 28, 2000, listing the item transmitted to the Administration for the Public Record for the period September 20-26, 2000.
The Committee noted and filed the Public Record for the period September 20-26, 2000.
(5) Approve City positions on November 2000 Ballot Propositions
Council heard this Item on October 10, 2000.
(6) 2000 National League of Cities Voting Delegate and Alternates at the Annual Business Meeting
Council heard this Item on October 10, 2000.
(7) Direct the City Auditor to conduct a Financial Audit of the State and Local Transportation Partnership Program
Council heard this Item on October 10, 2000.
(8) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(9) Oral communications
None Presented.
(10) Adjournment
The meeting was adjourned at 2:20 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Rules Committee Report and actions of October 4, 2000 were accepted. Vote: 8-0-2-0-1. Absent: Diaz, Fiscalini. Vacant: District 4.
Council Member Diaz entered Chambers at 1:55 p.m.
Council Member LeZotte left Chambers during discussion of Item 7c.
7c Report
of the Finance and Technology Committee – October 11, 2000 (Partial)
Documents Filed: Finance and Technology Committee report of October 11, 2000.
(2) Annual Debt Report. Attachment: Memorandum from Acting Director of Finance, Mark Burton, dated October 2, 2000, recommending acceptance of the ninth Annual Debt Report for Fiscal Year 1999-2000.
The Committee recommended approval of the staff report with the recommendation to forward the Great Oaks-Route 85 CFD and the North Coyote Project (Cisco) land use issues to Council for consideration on October 24, 2000 and the financing mechanisms to be brought back to the Finance and Technology Committee prior to Council consideration; additionally, Staff was directed to submit status reports on the Finance Department Staffing Strategy and the Convention Center Expansion – both to be brought to Council at a future date.
Discussion/Action: Council Member Woody reviewed the Finance and Technology Committee’s report on the annual debt for fiscal year 1999-2000, including Committee consensus on separate handling of the financing mechanisms for the Cisco commitments, and the request for status reports on the Convention Center Expansion project and the Finance Department Staffing Strategy. She stated the Committee recommendation included approval of the Staff report with the land use issues to be forwarded to Council for consideration at the October 24, 2000 meeting, and the financial aspects of the Cisco commitment to be considered first by the Finance and Technology Committee and then forwarded to the full Council at a later date. Council Members Chavez, Dando and LeZotte expressed concern about the basic infrastructure and the co-op agreement with regard to Cisco and North Coyote, and expressed a preference to consider the financing mechanism separate from the land use issues. Acknowledging the concerns expressed by Council regarding insufficient time for review of the financing mechanisms, land use designations, the cooperation agreement and various other items pertaining to the North Coyote Valley project, Mayor Gonzales stated the structure of the October 24, 2000 public hearing will permit a Staff presentation on all the items, including the EIR, the cooperation agreement and financing mechanisms as part of the land use package, Council questions on and discussion of the staff presentation, applicant’s presentation and rebuttal, public testimony and responses to questions and concerns raised by the public, and Council discussion and action on the Cisco proposal; consistent with past practice, all the necessary actions will be scheduled together in order to meet the established timeline. He suggested Council Members document and submit their concerns to the City Manager for appropriate response prior to October 24, 2000. Upon motion by Council Member Woody, seconded by Council Member Shirakawa, Jr. and unanimously carried the Finance and Technology Committee partial report and actions of October 11, 2000 were accepted with direction to the Administration to respond to Council Member concerns on the process, and to present the financing mechanisms to the City Council on October 24, 2000 prior to the public hearing. Vote: 8-0-2-0-1. Absent: LeZotte, Fiscalini. Vacant: District 4.
7d Report
of the Economic and Community Development Committee – October 2, 2000
Documents Filed: Economic and Community Development Committee report of October 2, 2000.
(1) Continue Discussion on the Remaining Proposed Revisions to the Sign Ordinance
The Committee deferred this item to the November 6, 2000 Economic and Community Development Committee meeting in order to allow Staff additional time to respond to each of the recommendations that apply to the Sign Ordinance.
(2) Presentation of Activities and Semi-Annual Report. Attachment: Memorandum from Director of Economic Development, Leslie S. Parks, dated August 15, 2000, recommending acceptance of the activities report and its referral to the City Council for review.
The Committee recommended acceptance of the report and directed Staff to provide regular status reports on the WIA Program.
(3) Annual Report of Activities of the San José First Employment Program. Attachment: Memorandum from Director of Economic Development, Leslie S. Parks, dated August 15, 2000, recommending acceptance of the activities report.
The Committee recommended acceptance of the report.
(4) Receipt of and Presentation of “Silicon Valley Housing Leadership Council: Towards More Affordable Homes: Streamlining the Entitlement Process in Silicon Valley”. Attachment: The report from The Silicon Valley Housing Leadership Council, dated October 1999, analyzing the best practices in the land entitlement process and proposing mechanisms for streamlining the entitlement process in Silicon Valley.
The Committee recommended acceptance of the report and referred it for further review to the Mayor’s Advisory Task Force.
(5) Update on Traffic Issues in Edenvale Area
The Committee accepted the status report.
(6) Oral Petitions
Phyllis Ward, Affordable Housing Network, asked about the report on Secondary Housing Units and the date the Committee would discuss the report. Staff was directed to meet with Phyllis Ward and to answer her questions.
(7) Adjournment
The meeting was adjourned at 3:20 p.m.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Powers and unanimously carried, the Economic and Community Development Committee Report and actions of October 2, 2000 were accepted. Vote: 8-0-2-0-1. Absent: LeZotte, Fiscalini. Vacant: District 4.
GENERAL GOVERNMENT
9a (1) Approval
of an ordinance amending Chapter 9.10 of the San José Municipal Code to
establish the Construction and Demolition Diversion Deposit Program for
specified Construction & Demolition Project categories.
(2) Adoption
of a resolution establishing the deposit rates for the Construction and
Demolition Diversion Deposit Program.
CEQA: Resolution No. 65459. (Environmental Services)
(Deferred from
9/26/00 – Item 9c)
Documents Filed: None.
Discussion/Action: This item was deferred to October 24, 2000.
Council Member
LeZotte returned to Chambers during discussion of Item 9b.
9b (1) Acceptance
of the 1999-2000 City Manager’s Annual Report of the Finances and
Administrative Activities of the City of San José, pursuant to City Charter
Section 701(f).
(2) Adoption
of appropriation ordinance and funding sources resolution amendments in various
operating funds to implement 1999-2000 Annual Report recommendations,
provide for appropriate clean-up actions, and allocate additional funding of
$4.1 million made available from the State ($3.2 million) and disaster relief
funding ($.9 million).
(3) Adoption
of appropriation ordinance and funding sources resolution amendments in various
capital funds to implement the approved expendi-tures and to provide for
appropriate budgetary clean up actions.
(City Manager’s
Office)
Documents Filed: (1) Memorandum from Assistant
to the City Manager, Deanna J. Santana, dated October 5, 2000, attaching a copy
of the 1999-2000 Annual Report for consideration at the October 17, 2000 City
Council meeting. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated
October 10, 2000, recommending Council approve said appropriation ordinance and
funding sources resolution amendments in various funds. (3) Hard copies of the
Staff presentation on the 1999-2000 Annual Report dated October 17, 2000.
Discussion/Action: Budget Director Larry D. Lisenbee, presented a comprehensive summary of the financial performance of the City of San José for the preceding fiscal year. As the mandated elements of the report, he described the revenues received and expenditures incurred in the prior fiscal year and explained the material differences between the amounts and the amounts budgeted. He identified the City’s financial reserves, pointed out the allocation of available General Fund resources, and discussed by category the various components of the General Fund budget performance in 1999-2000. Regarding impacts on the 2000-2001 Adopted Budget, he stated the actual General Fund ending balance was above the budgeted estimated, and that these additional funds are now available for allocation to recommended uses. With the use of power point, he identified the resources available for allocation and the proposed allocation plan, the categories into which the funds would fall, and a detailed description of the proposed uses of the available funding. He stated the proposed allocation plan required current year adjustments in the New Animal Shelter Facility, the addition of funding for the City Attorney’s home loan, the new Fire Chief transition funding to allow the Chief to address the highest priority capital items once the needs and priorities reassessments were completed, elimination of the cardroom accountant position in the Finance Department, increased lease costs identified since the adoption of the budget in June 2000, and the Firefighter testing process, which was inadvertently omitted from the Adopted Budget. City Manager Del D. Borgsdorf stated the overall outlook for the City’s financial condition continues to be positive; however, the remarkable level of economic activity experienced over the last couple of years cannot be sustained indefinitely given the cyclical nature of the economy. He stated the Administration must maintain financial discipline and prepare for more modest economic growth, continue to closely monitor the financial status of the City’s funds in the months ahead, and report all significant issues to the Council in the Monthly Financial Reports and in the Mid-Year Operating and Capital Budget Reviews. Council Member Woody asked Staff to identify funding to correct the severe drainage problems near the Pavilion at Lake Cunningham. Upon motion by Council Member Powers, seconded by Council Member Woody and unanimously carried, the City Manager’s Annual Report was accepted; Ordinance No. 26213, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in Various Operating Funds; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69941, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in Various Operating Funds”; Ordinance No. 26214, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in Various Capital Funds; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69942, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in Various Capital Funds”, were adopted and the Administration directed to investigate and arrange funding to correct severe drainage problems at Lake Cunningham adjacent to White Road construction site. Vote: 9-0-1-0-1. Absent: Fiscalini. Vacant: District 4.
9c Adoption of appropriation ordinance
amendments in the low and moderate income Housing fund to increase the amount
of funds authorized for the Teacher Homebuyer Program, from $2 million to $4
million.
(Housing/City
Manager’s Office)
Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, and Director of Housing Alex Sanchez, dated October 3, 2000, recommending Council approve said appropriation ordinance amendments in the Low and Moderate Income Housing Fund.
Discussion/Action: Ross Signorino commented on the program. Upon motion by Council Member Diaz, seconded by Council Member Woody and unanimously carried, Ordinance No. 26215, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 Which Appropriates Moneys in the Low and Moderate Income Housing Fund in the Amount of $2,000,000, For the Teacher Homebuyer Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 9-0-1-0-1. Absent: Fiscalini. Vacant: District 4.
9d Adoption of a resolution modifying the
Teacher Homebuyer Program, as adopted by the City Council Resolution No. 69485
on April 4, 2000, as follows:
(1) Require repayment of a City Teacher
Homebuyer Loan, when required as a condition of the State of California’s Extra
Credit Teacher Home Purchase Program, if a teacher does not serve a minimum of
five years in a Low Performing School.
(Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated October 12, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Diaz and unanimously carried, Resolution No. 69943, entitled: “A Resolution of the Council of the City of San José Modifying the Teacher Homebuyer Program, as Adopted By City Council Resolution No. 69485 on April 4, 2000 to Require Repayment of a City Teacher Homebuyer Loan, When Required as a Condition of the State of California’s Extra Credit Teacher Home Purchase Program, If a Teacher Does Not Serve a Minimum of Five Years in a Low performing School”, was adopted. Vote: 9-0-1-0-1. Absent: Fiscalini. Vacant: District 4.
9e Approval
of a consultant agreement with Kimley-Horn and Associates, Inc. for design
services for the Runway 30L Reconstruction Project at the San José
International Airport in an amount not to exceed $3,000,000, for the period
October 1, 2000 to December 31, 2001.
CEQA: Resolution No. 67380.
(Public Works/Airport)
Documents Filed: Memorandum from Director of Public Works Ralph A. Qualls Jr., and Director of Aviation Ralph G. Tonseth, dated September 27, 2000, recommending Council approve said consultant services agreement.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Diaz and unanimously carried, the consultant services agreement with Kimley-Horn and Associates, Inc., was approved and execution of the agreement authorized. Vote: 9-0-1-0-1. Absent: Fiscalini. Vacant: District 4.
9f Approval
of a modification of the CDBG Subordination Policy to allow subordination of a
CDBG lien to another lender if specified conditions are met.
(Parks,
Recreation and Neighborhood Services)
(Orders of the Day 4a)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Member Shirakawa, Jr. dated October 16, 2000, recommending Council approve CDBG recommendation to modify the CDBG Subordination Policy to allow subordination of a CDBG lien to another lender. (2) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 13, 2000, noting the reason for addendum and recommending Council approve said modification.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Diaz and unanimously carried, the modification of the CDBG Subordination Policy was approved with Staff directed to work with InnVision on ADA accessibility to their current site. Vote: 9-0-1-0-1. Absent: Fiscalini. Vacant: District 4.
ORAL COMMUNICATIONS
Ross Signorino commended Council Member Woody on the success of the City’s Annual Public and Elected Officials Walk to End Domestic Violence, and expressed appreciation to the POA for the excellent reception following the walk.
RECESS/RECONVENE
Following Oral Communications, Council recessed at 2:28 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando (entered Chambers at 7:20 p.m.), Diquisto, LeZotte, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: Diaz, Fiscalini, Powers (all excused)
Vacant: District 4
City Clerk, Patricia L. O’Hearn read the requests
for continuances of applications. Upon
motion by Council Member Shirakawa, Jr., seconded
by Council Member Chavez and unanimously
carried, the below noted continuances were granted. Vote: 6-0-4-0-1.
Absent: Dando, Diaz, Fiscalini, Powers. Vacant: District 4.
PUBLIC HEARINGS
15a PUBLIC HEARING and approval of an
ordinance to consider a comprehensive rewrite and update of Title 20, the
Zoning Code.
(Planning,
Building, and Code Enforcement)
Documents Filed: None.
Discussion/Action: This item was continued to November 14, 2000.
15b PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the south side of Payne Avenue between
Essex Way and Lexington Drive, from R-4 Residence Zoning District to A(PD)
Planned Development Zoning District, to allow up to 16 single-family attached
residences on a 0.98 gross acre site.
(Pfeiffer Ranch Investors, Inc. and Madeline Mestice, Owners; Pinn
Brothers Fine Homes, Developer).
CEQA: Negative Declaration.
PDC 00-05-038 - District 1
(Continued from 9/5/00 – Item 15h and 9/19/00 – Item
15b)
Documents Filed: None.
Discussion/Action: This item was continued to November 14, 2000..
15e PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the south west corner of Coleman Avenue and
West Hedding Street, from C-1 Commercial Zoning District to A(PD) Planned
Development Zoning District, to allow a four-story, 51 room hotel on 0.46 gross
acre. (George Nijmeh, Owner; Pinn Bros.
Construction, Inc., Developer).
CEQA: Negative Declaration. Director of Planning, Building and Code
Enforcement recommends approval.
Planning Commission recommends approval (7-0-0).
PDC 00-05-046 - District 3
Documents Filed: Memorandum from Council Member Chavez, dated October 17, 2000, recommending Council receive public testimony on the subject matter and defer Council action to the afternoon City Council Session of October 24, 2000.
Discussion/Action: This item was continued to October 24, 2000.
5b Presentation of the Community
Beautification Awards.
(Parks,
Recreation and Neighborhood Services)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Chavez introduced the Chair of the Community Beautification Awards Committee, Rebecca Elliot who gave background information of the awards and announced the winners for the Fall 2000 Community Beautification Award cycle in each of the following categories: Nominate Your Neighbor: 3rd Place – Richard Melendez, District 4; 2nd Place – Frank Watanabe, District 10; and 1st Place – Jack & Sandy Woodward, District 7. Landscape Improvement: 3rd Place – Helen & Ted Johnson, District 5; 2nd Place – Guy Canha, District 10; and 1st Place – Linda Buis, District 3. Structural Improvement: 2nd Place- Cornel & Amy Walewski, District 6; and 1st Place – Don Ho, District 3. Historic Structure Improvement: 3rd Place – Mary Tucker, District 3; 2nd Place – Mike Tutor, District 3; and 1st Place – Mark & Laurie Woodward, District 6. Mayor Gonzales presented the awards to the winners and congratulated the participants on their contributions to the San José community-at-large.
PUBLIC HEARINGS
15c PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the west side of Boynton Avenue,
approximately 100 feet northerly of Akron Way (525 Boynton Avenue), from
R-1:B-2 Residence Zoning District to A(PD) Planned Development Zoning District,
to allow up to five single-family attached residences on a 0.32 gross acre site
(Shabnam Mahzoon, et al., Owner/Developer).
CEQA: Negative Declaration. Director of Planning, Building and Code
Enforcement recommends approval.
Planning Commission recommends approval (7-0-0).
PDC 00-05-037 - District 1
(Continued from 9/19/00 – Item 15c)
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated October 6, 2000, transmitting the Planning, Building and Code Enforcement Staff report on PDC 00-05-037 dated September 21, 2000, and recommending Council adopt an ordinance to approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 00-05-037 dated August 23, 2000, and Proof of Publication executed on September 1, 2000, 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 LeZotte, seconded by Council Member Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26216, entitled: “Ordinance of the City of San José Rezoning Certain Real property situated on the West Side of Boynton Avenue Approximately 100 Feet Northerly of Akron Way”, was passed for publication. Vote: 6-0-4-0-1. Absent: Dando, Diaz, Fiscalini, Powers. Vacant: District 4.
15d PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the west side of San Felipe Road,
approximately 1000 feet south from the terminus of Yerba Buena and San Felipe
Road, from A-Agricultural Zoning District to A(PD) Planned Development Zoning
District, to allow up to 32 single-family detached residential units on a 9.6
gross acres. (George Ernest Nieman,
Owner; Daniel J. Carroll, Developer).
CEQA: Negative Declaration. Director of Planning, Building and Code
Enforcement recommends approval.
Planning Commission recommends approval (7-0-0).
PDC 00-05-036 - District 8
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated October 12, 2000, transmitting the Planning, Building and Code Enforcement Staff Report on PDC 00-05-036 dated October 5, 2000, and recommending Council adopt an ordinance to approve the subject rezoning with the special condition identified by Staff in the original report. (2) Public Hearing Notice to consider a change in Zoning for PDC 00-05-036 dated September 27, 2000, and Proof of Publication executed on September 29, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. In recommending approval of the proposed rezoning, Council Member Woody stated the special condition would require that the Developer limit the height of the perimeter retaining wall along the northerly property line, which is visible from San Felipe Road, to no more than two feet in height. Pointing out the Applicant’s agreement to appropriately modify the plan, she asked Staff to incorporate the specific language in the ordinance for consideration by Council during the second reading. Upon motion by Council Member Woody, seconded by Council Member Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26217, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Westerly Side of San Felipe Road, Approximately 1000 Feet Southerly of Yerba Buena Road”, was passed for publication with Staff directed to incorporate the special conditions in the ordinance for final adoption on October 31, 2000. Vote: 6-0-4-0-1. Absent: Dando, Diaz, Fiscalini, Powers. Vacant: District 4.
Council Member Dando entered Chambers at this point in the meeting.
ORAL COMMUNICATIONS
The following individuals spoke on the Association of Community Organizations for Reform Now (A.C.O.R.N.) housing projects and allegations of police harassment: Lilia Valencia, Ezequicl Rodriguez, and Ezekiel Aguilar, representing the A.C.O.R.N. Organization; Everardo Torres, Jeanetta de Rosa, Committee de Defensa del Barrio; Raul Curly Estremera, Chair of Pueblo Unido; Matthew Willis, African Peoples Solidarity Committee; Bakari Olatunji, National People’s Democratic Uharu Movement. A.C.O.R.N. representative Lilia Valencia requested to submit the organization’s requests to the Mayor’s Office for consideration.
ADJOURNMENT
The Council of the City of San José adjourned at 7:50 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK