MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
OCTOBER 24, 2000
The Council of the City of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: None.
Vacant: District 4
Upon motion unanimously adopted, the City Council
recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with real
property designated representatives Darrell Dearborn for the City of San José
and Donald Gralnek for the Arena Management Corporation, pursuant to Government
Code Section 54956.8, to negotiate the terms regarding price and conditions of
payment for amendment of lease for the San José Arena property; (B) confer with
Legal Counsel regarding existing litigation pursuant to Government Code Section
54956.9 Subsection (a) to consider cases of (1) In re Iverson; (2) Goode, et
al. v. City of San José, et al.; (3) Baccarat Fremont Developers, Inc., v. City
of San José; and (4) Daniels v. City of San José; and (C) to confer with Legal
Counsel regarding anticipated litigation of a matter where there is significant
exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government
Code, and the initiation of litigation in one matter pursuant to Subsection (c)
of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: None.
Vacant: District 4
Pastor Ray Ellis, Willow Vale Community Church, delivered the invocation. (District 9)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-0-0-1. Vacant: District 4.
CEREMONIAL ITEMS
5a Presentation of commendation and award
of the Outstanding Employee Recognition Award to Don Zonic, Senior Maintenance
Worker, Department of General Services.
(City Manager’s Office)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were City Manager Del D. Borgsdorf, Director of General Services Steve S. Yoshino, and honoree Don Zonic who was recognized for exemplary work ethics in the General Services Department and at the Water Pollution Control Plant. City Manager Borgsdorf presented a plaque and monetary award to the employee, and Mayor Gonzales presented the commendation recognizing Don’s outstanding contributions to the City of San José. He invited the employee’s family to stand and be recognized. Don Zonic acknowledged the hard work of co-workers Trinidad Sanchez and Chris Flores, and retired City employee Ramiro Fernandez.
5b Recognition of the San José/Santa Clara
Water Pollution Control Plant’s national award of excellence for operations and
maintenance from the U.S. Environmental Protection Agency. (Environmental
Services)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Director of Environmental Services Carl W. Mosher, and Tom Huetteman, Chief Water Compliance Officer for Region Nine, U.S. Environmental Protection Agency, who presented EPA’s National Waste Water Management Excellence Award to the San José/Santa Clara Pollution Control Plant for the Plant’s outstanding technological achievements through commitment to excellence and innovative practices in waste water treatment, comprehensive and holistic approach to improving water quality embodied in its Clean Bay Strategy. Carl Mosher accepted the plaque and related certificate that were presented during the Water Federation Conference held in Anaheim, CA., on Monday, October 16, 2000, by the U.S. EPA Representative from Washington, D.C. Carl Mosher introduced staff members of the Water Pollution Control Plant and Watershed Division, and asked them to stand and be recognized.
CONSENT CALENDAR
Upon motion
by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously
carried, the Consent Calendar was approved and the below listed actions were
taken as indicated. Vote: 10-0-0-0-1. Vacant: District 4.
6a(1) Regular Meeting of September 5, 2000
Documents Filed: Minutes of the regular meeting of September 5, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.
6a(2) City Council/Redevelopment Agency Meeting of
September 5, 2000
Documents Filed: Minutes of the joint meeting of September 5, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.
6a(3) Regular Meeting of September 12, 2000
Documents Filed: Minutes of the regular meeting of September 12, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.
6a(4) Joint City Council/San José Financing
Authority Meeting of September 12, 2000
Documents Filed: Minutes of the joint meeting of September 12, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.
6a(5) Joint City Council/Redevelopment Agency
Meeting of September 12, 2000
Documents Filed: Minutes of the joint meeting of September 12, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.
Ordinances
for Final Adoption
6b(1) ORD. NO. 26196 – Adopts the
Neighborhood Business Clusters Redevelopment Plan and makes certain findings.
[Deferred
from 9/19/00 – Item 6b(4) et al., and 10/10/00 – Item 6b(1)]
Documents Filed: None.
Discussion/Action: This item was deferred to November 21, 2000.
6b(2) ORD. NO. 26197 – Amends the
Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San
Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan,
the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the
Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan,
the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan,
the East Santa Clara Street Redevelopment Plan, the Almaden Gateway
Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda
Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the
Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the
Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the
Neighborhood Business Clusters Redevelopment Plan to effect the merger of said
Redevelopment Project Areas and making certain findings.
[Deferred from 9/19/00 – Item 6b(5) et al., and 10/10/00 – Item 6b(2)]
Documents Filed: None.
Discussion/Action: This item was deferred to November 21, 2000.
Contracts/Agreements
6e(1) Adoption
of a resolution authorizing the City Manager to execute a third amendment to the license agreement for the
placement of a loading bridge on the Ramp at Gate C-9 at the San José
International Airport to Delta Air Lines, Inc. with a month-to-month term from
November 1, 2000, not to extend beyond November 30, 2007, with annual revenue
to the City in the amount of $1,789.
CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 2, 2000, recommending Council approve the third amendment to license agreement with Delta Air Lines, Inc.
Discussion/Action: Resolution No. 69944, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute the Third Amendment to the Agreement With Delta Air lines, Inc., Granting a License for the Placement of a Loading Bridge on the Ramp at Gate C-9 at San José International Airport Extending the Term to November 30, 2007 With Annual Revenue to the City in the Amount of $1,789”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
6e(2) Approval
of a consultant services agreement with Chabin Concepts, Inc. for preparing an
application to the California Trade and Commerce Agency (CTCA) requesting an
extension to San José’s Enterprise Zone for an additional five (5) years, in an
amount not to exceed $115,000.
(Economic Development)
Documents Filed: Memorandum from Director of Economic Development, Leslie S. Parks, dated October 2, 2000, recommending Council approve said consultant services agreement.
Discussion/Action: Council Member Chavez asked Staff to provide Council with a map delineating the area of the Enterprise Zone to be expanded. The consultant services agreement with Chabin Concepts, Inc., was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 4.
6e(3) Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 2000-2001 #15, 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 October 2, 2000, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 15 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-0-0-1.
6e(4) Adoption
of a resolution authorizing the Director of General Services to:
(a) Execute
an amendment extending the term of the agreement for Maintenance Oversight with
AZTEC/MCE Corporation for a one-year term from November 1, 2000 to October 31, 2001;
add additional facilities where service is provided to include the Mexican
Heritage Plaza and the Tech Museum of Innovation; increase compensation by
$114,390, from $89,890 to a total amount not to exceed $204,280; and add an
option provision to allow the contract to be extended for an additional year
after October 31, 2001.
(b) Execute
the one (1) additional one-year option without further Council approval other
than the appropriation of funding.
General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated October 2, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69945, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Amendment to the Agreement for Maintenance Oversight With AZTEC/MCE”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
6e(5) Adoption
of a resolution authorizing the Director of General Services to execute all
necessary documents to add thirteen (13) midsize sedans to the Master Equipment
Lease agreement with PB Municipal Funding Inc., as outlined in Resolution No.
69574, for:
(a) Ten
(10) replacement vehicles for inspectors in the Department of Planning,
Building and Code Enforcement’s Multiple Housing Program.
(b) Three
(3) fleet additions for the Department of Planning, Building and Code
Enforcement’s Neighborhood Cleanup Program and Multiple Housing Program.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 27, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69946, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute All Necessary Documents to Add 13 Vehicles to the Master Equipment Lease Agreement With PB Municipal Funding, Inc”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
6e(6) Approval
of a consultant agreement with Hargis & Associates for test development
services for Fire and Police Department promotional examinations, for a total
amount not to exceed $83,300. (Human
Resources)
Documents Filed: Memorandum from Director of Human Resources, Nona Tobin, dated October 2, 2000, recommending Council approve said agreement.
Discussion/Action: The consultant services agreement with Hargis & Associates was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 4.
6e(7) Approval
of a three (3) year lease agreement with CBBS Investments for 1,176 useable
square feet of office space on the first floor of their building located at 595
Park Avenue for Our City Forest, at a rental rate of $2,940 per month during the entire term of the lease, commencing
retroactively on October 1, 2000.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated October 2, 2000, recommending Council approve said three-year lease agreement.
Discussion/Action: Council Member Shirakawa, Jr. noted the “Budget Reference” contained in the staff report and queried Staff on the inclusion of the proposed lease amount in the budget allocation to Our City Forest, and whether the rental rate amount is an addition to the grant funding to the nonprofit group. Predicated on the Staff response that the rental rate was included in the cost analysis and not proposed in the grant agreement, Council Member Shirakawa, Jr. expressed opposition to the proposed agreement. The three-year lease agreement with CBBS Investments was approved and execution of the agreement authorized. Vote: 9-1-0-0-1. Noes: Shirakawa, Jr. Vacant: District 4.
6e(8) Approval
of an agreement for consultant services with Kimley-Horn Associates to prepare
engineering plans, specifications, and costs estimates for a Downtown Parking
Guidance System in an amount not to exceed $367,117, for the period October 24,
2000 to October 24, 2001. (Streets and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated October 2, 2000, recommending Council approve said consultant services agreement.
Discussion/Action: Council Member Chavez requested Staff coordinate the project elements with Redevelopment Agency staff to ensure a unified system of Downtown signage is utilized, to inform all stakeholders including the Downtown Parking Board, the San José Downtown Task Force, the Convention and Visitors Bureau, the Valley Transportation Authority, San José University, and a Downtown Events Group, and to present status reports to the Transportation and Environment Committee. The consultant services agreement with Kimley-Horn Associates was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 4.
COMMISSION, COMMITTEE, AND STANDING
REPORTS
7b Report of the Rules Committee – October
11, 2000
Documents Filed: Rules Committee Report of October 11, 2000.
(1) Review October 24, 2000 Draft Agenda
The Committee approved the October 24, 2000 City Council Agenda with two changes.
(2) Add New Items to October 17, 2000 Amended Agenda
The Committee recommended one addition to the October 17, 2000 City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated October 5, 2000, listing items transmitted to the Administration and filed for the Public Record for the period September 27 – October 3, 2000.
The Committee noted and filed the Public Record for the period September 27-October 3, 2000.
(5) Request to use Council General Funds to attend the National League of Cities Congress of Cities Conference, December 4-10, 2000 in Boston, MA (Dando, Powers). Attachments: (1) Memorandum from Council Member Dando, dated September 13, 2000, submitting request to use Council General Funds to attend the National League of Cities Congress of Cities Conference in Boston, MA. (2) Memorandum from Council Member Powers, dated October 4, 2000, submitting request to travel to Boston, MA, to attend the NLC Congress of Cities and Exposition. (3) Memorandum from City Clerk, Patricia L. O’Hearn, dated October 5, 2000, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.
The Committee approved the use of Council General funds by Council Members Dando and Powers to attend the National League of Cities’ Conference of Cities Conference in Boston, MA, December 4-10, 2000.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(7) Oral communications
None Presented.
(8) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, the Rules Committee Report and actions of October 11, 2000 were accepted. Vote: 10-0-0-0-1. Vacant: District 4.
7c Report of the Finance and Technology
Committee – October 11, 2000
Documents Filed: Finance and Technology Committee Report of October 11, 2000.
(1) Consent Items. Attachments: (1) Memorandum from Acting Director of Finance, Mark Burton, dated September 22, 2000, transmitting the August 2000 Investment Report. (2) Memorandum from Acting Director of Finance, Mark Burton, dated October 2, 2000, transmitting the minutes of the Investment Committee Meeting of September 14, 2000. (3) Memorandum from City Auditor, Gerald A. Silva, dated September 20, 2000, submitting the finding reports from Kafoury, Armstrong & Company, LLP, relating to the Bay 101 conditional approval of stock transfer.
(a) Monthly Investment Report for August 2000
(b) Investment Committee Meeting Minutes of 9/14/00
(c) Finding Reports on Bay 101 Conditional Approval of Stock Transfer: Bay 101
The Committee recommended approval of the Consent Items.
(2) Annual Debt Report
This item heard by Council on October 17, 2000.
(3) Report on Union Bank of California Banking Services Agreement. Attachment: Memorandum from Acting Director of Finance, Mark Burton, dated October 2, 2000, recommending the Finance and Technology Committee and the City Council approve the agreement and the option of the City to extend the agreement for an additional two years with Union Bank of California.
The Committee recommended acceptance of the staff report.
Discussion/Action: See Item 9a for Council action taken.
(4) Monthly Financial Report for August 2000. Attachment: Memorandum from Budget Director, Larry D. Lisenbee, dated October 2, 2000, transmitting the monthly financial report for August jointly prepared by the City Manager’s Budget Office and the Finance Department.
The Committee recommended acceptance of the staff report.
(5) Police Sworn Staffing Report. Attachment: Memorandum from Chief of Police William M. Lansdowne, dated September 20, 2000, recommending that the Police Department Sworn Recruitment and Training program Report for Fiscal Year 1999-2000 be accepted.
The Committee recommended acceptance of the staff report with the direction to provide Committee Members with statistics on hiring trend information and that the City Manager’s Office develop a proposal that extends the Mayor’s Housing Plan for teachers to public safety officers.
(6) Update on Police Automated Information System In-Field Reporting Component. Attachment: Memorandum from Chief of Police William M. Lansdowne, dated October 4, 2000, submitting an update on the Automated Information System (AIS) In-Field Reporting component.
The Committee recommended acceptance of the status report.
Discussion/Action: See Item 9b for Council action taken.
(7) Request from City Auditor to Amend the Workplan. Attachment: Memorandum from City Auditor, Gerald A. Silva, dated September 11, 2000, submitting adjustments to the City Auditor’s Workplan to include the financial audit of the State and Local Transportation Partnership Program.
The Committee recommended approval of the amendment to the workplan and directed Staff to initiate the change to the City’s Administrative Manual.
(8) Audit Report of the City of San José’s Building Related Fees and Taxes. Attachment: City Auditor’s Executive Summary and the City Administration’s response to An Audit of the City of San José’s Building-Related Fees and Taxes.
The Committee recommended acceptance of the staff report.
(9) Oral Status Report of the San José Municipal Water System RFP
The Committee accepted the status report.
(10) Oral petitions
Cathy Brandhorst spoke on violence in California.
(11) Adjournment
The Committee was adjourned at 11:50 a.m.
Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member LeZotte and unanimously carried, the Finance and Technology Committee Report and actions of October 11, 2000 were accepted with Item 7c(3) acted upon at Item 9a and Item 7c(6) acted upon at Item 9b. Vote: 10-0-0-0-1. Vacant: District 4.
7e Report of the Transportation and
Environment Committee – October 12, 2000
Documents Filed: Transportation and Environment Committee Report of October 12, 2000.
(1) Consent Calendar. Attachments: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 28, 2000, transmitting the Clean Bay Strategy Status Report. (2) Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 5, 2000, providing an update on the County Master Plan Process.
(a) First Quarter Report on South Bay Water Recycling System
(b) Monthly Report on County Airport Master Plan Process
The Committee accepted the reports with no action necessary on the Consent Calendar.
(2) Traffic Calming Initiative. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated October 2, 2000, recommending Council accept the report on the Traffic Calming Initiative.
The Committee recommended acceptance of the status report.
(3) Report on Green Power Options. Attachments: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 28, 2000, recommending Council (a) adopt the guiding principles energy and green power; (b) approve the issuance of the Request for Proposals for green power; (c) direct the Administration to return in April 2001 with an analysis and recommendations for aggressive energy efficiency capital improvement activities for municipal
(3) Report on Green Power Options –
operations; and (d) direct the Administration to develop an Energy Policy Framework for the City of San José and return in the Spring of 2001. (2) Memorandum from Deputy Director of General Services, Fran McVey, dated September 28, 2000, submitting a list of the City’s top 12 consuming electric accounts chart and detailing the average annual consumption and cost for those
The Committee recommended approval of the report and recommendations on the Green Power Options, with the added recommendation that the City pursue conservation education.
(4) Oral petitions
None Presented.
(5) Adjournment
The meeting was adjourned at 3:40 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the Transportation and Environment Committee Report and actions of October 12, 2000 were accepted. Vote: 10-0-0-0-1. Vacant: District 4.
LAND
USE AND DEVELOPMENT
8a PUBLIC HEARING ON PETITION FOR TENTATIVE
CANCELLATION OF LAND CONSERVATION CONTRACT for property consisting of
approximately 13 acres located on the southerly side of Piercy Road,
approximately 1,200 feet easterly of Silver Creek Valley Road. (Mission West
Properties, L.P., Owner). CEQA: Resolution No. 69699.
Contract
No. 72-218 - District 2
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 17, 2000, recommending Council adopt a resolution granting tentative approval of the cancellation of said contract. (2) Public Hearing Notice to consider the Petition for Tentative Cancellation of Land Conservation Contract No. 72-218 dated October 3, 2000, and Proof of Publication executed on October 13, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the petition for tentative cancellation of the land conservation contract for the subject property. There was no discussion from the Floor. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the public hearing was closed, and Resolution No. 69947, entitled: “A Resolution of the Council of the City of San José Certifying to the County Auditor of Santa Clara County the Amount of Cancellation Fee to Be Paid Upon Cancellation of a Land Conservation Contract, Giving Tentative Approval to Such Cancellation, Prescribing the Conditions Under Which This Resolution Will Be Effective, Directing the Director of Planning to Record a Certificate Relating to Such Cancellation, Requiring Satisfaction of Such Conditions Prior to the Cancellation Becoming Effective, and Prescribing Conditions in Connection Therewith, and Disestablishing the Agricultural Preserve Within Which the Land is Located”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
8b PUBLIC HEARING ON PETITION FOR TENTATIVE
CANCELLATION OF LAND CONSERVATION CONTRACT, for property consisting of
approximately 10 acres located on the southerly side of Piercy Road,
approximately 1,200 feet easterly of Silver Creek Valley Road. (Mission West Properties, L.P., Owner). CEQA:
Resolution No. 69699.
Contract
No. 78-004 - District 2
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 17, 2000, recommending Council adopt a resolution granting tentative approval of the cancellation of said contract. (2) Public Hearing Notice to consider the Petition for Tentative Cancellation of Land Conservation Contract No. 78-004 dated October 3, 2000, and Proof of Publication executed on October 13, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the petition for tentative cancellation of the land conservation contract for the subject property. William J. Garbett spoke against the proposed action. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the public hearing was closed, and Resolution No. 69948, entitled: “A Resolution of the Council of the City of San José Certifying to the County Auditor of Santa Clara County the Amount of Cancellation Fee to Be Paid Upon Cancellation of a Land Conservation Contract, Giving Tentative Approval to Such Cancellation, Prescribing the Conditions Under Which This Resolution Will Be Effective, Directing the Director of Planning to Record a Certificate Relating to Such Cancellation, Requiring Satisfaction of Such Conditions Prior to the Cancellation Becoming Effective, and Prescribing Conditions in Connection Therewith, and Disestablishing the Agricultural Preserve Within Which the Land is Located”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
8c 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
(Deferred from 10/17/00 – Item 15e)
Documents Filed: Memorandum from Council Member Chavez, dated October 24, 2000, recommending deferral of the action to afternoon session of October 31, 2000.
Discussion/Action: Council Member Chavez stated the design and traffic issues have not been resolved; therefore, the applicant, working with City Staff and the District 3 Office, has requested additional time to complete the modifications. Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr. and unanimously carried, this item was deferred to October 31, 2000. Vote: 10-0-0-0-1. Vacant: District 4.
GENERAL GOVERNMENT
9a (1) Approval of a
general banking services agreement with Union Bank of California for the period
of October 25, 2000 through June 30, 2003, with a maximum compensation each
year of $500,000.
(2) Adoption of appropriation ordinance and
funding sources resolution amendments in the general fund to support the
agreement with Union Bank of California for banking services.
(Finance/City
Manager’s Office)
[Finance
and Technology Committee referral 10/11/00 – Item 7c(3)]
Documents Filed: (1) Memorandum from Deputy City Manager, Kay Winer, dated October 11, 2000, recommending approval of the general banking services agreement with Union Bank of the California. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated October 2, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Woody and unanimously carried, the general banking services agreement with Union Bank of California was approved and execution of the agreement authorized; Ordinance No. 26218, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $500,000 for Banking Services With Union Bank of California; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69949, 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 the General Fund”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.
9b (1) Adoption of a resolution authorizing the City Manager to
execute a second amendment to the agreement with Tiburon, Inc., for maintenance
and warranty services for mobile data and automated report system software and
related maintenance and warranty services for the Police Department’s Automated
Information System, at an additional cost not to exceed $680,000, including
tax, for a total cost not to exceed $1,066,583.
(2) Adoption
of a resolution authorizing the City Manager to execute a second amendment to
the agreement with TRW, Inc., for the purchase and installation of a Police
Automated Information System extending the term of the agreement from December
31, 2000 to June 30, 2001, at no additional cost.
[Finance and Technology Committee referral
10/11/00 – Item 7c(6)]
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated October 12, 2000, recommending Council adopt said resolutions.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Woody and unanimously carried, Resolution No. 69950, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a Second Amendment to the Agreement With Tiburon, Inc.”; and Resolution No. 69951, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a Second Amendment to the Agreement With TRW, Inc.”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.
9c Adoption
of a resolution:
(1) Approving
amended business terms for a construction loan of $650,000 to Green Valley
Corporation for Phase II of the Siena Court Ownership Housing Project located
on the south side of Martha Street, between South 11th Street and
South 12th Street.
(2) Approving
amendments to the business terms for up to $650,000 of the City’s construction
loan repayment amount for second mortgages for up to 20 units in the subject
project.
(Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated October 11, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council member Chavez, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69952, entitled: “A Resolution of the Council of the City of San José (I) Approving Amended Business Terms for a Construction Loan of Up to $650,000 to Green Valley Corporation for Phase II of the Siena Court Ownership Housing Project Located on the South Side of Martha Street, Between South 11th Street and South 12th Street and (II) Approving Amendments to the Business Terms For Up to $650,000 of the City’s Construction Loan Repayment Amount for Second Mortgages for Up to 20 Units in the Subject Project”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
9d Adoption of a resolution:
(1) Approving
business terms for loans aggregating up to $1,000,000 to Neighborhood Housing
Services Silicon Valley to assist in the acquisition, rehabilitation, and
resale of properties in connection with the Mayfair Neighborhood
Acquisition/Rehabilitation Pilot Program.
(2) Approving
business terms for converting up to $1,000,000 of the loan to NHSSV to finance
second mortgages for qualified moderate-income households.
(3) Authorizing
the Director of Housing to negotiate and execute a contract with NHSSV for
acquisition and loan financing services, for a contract amount not to exceed
$100,000.
(4) Authorizing
the Director of Housing to approve loans resulting in a combined loan to value
ratio of up to 120% of after rehabilitation value.
(5) Authorizing
as an exception to current policy, incomes of up to 120% of area median income,
by household size, as qualifying for home-purchase assistance in conjunction
with the Pilot Program.
(6) Finding
that the use of 20% Housing Funds to capitalize the Mayfair Acquisition
Rehabilitation Pilot Program and to underwrite expenses by NHSSV to administer
the program are a benefit to redevelopment project areas in San Jose.
(7) Authorizing
the Director of Housing to negotiate and execute all necessary documents on
behalf of the City.
(Housing)
Documents Filed: None.
Discussion/Action: This
item was deferred to October 3l, 2000.
9e Adoption of a resolution amending the
City’s Pay Plan to create new job classifications, revising salary ranges and
authorizing the City Manager to establish compensation rates for new
classifications. (Human Resources)
Documents Filed: None.
Discussion/Action: This
item was deferred to October 31, 2000.
9f (1) Approval of the consultant’s final report entitled “City of
San José, California, Tow Company Rate Study” dated May 24, 2000.
(2) Direction
to staff to prepare the analysis for a Request for Proposal (RFP) which would include:
(a) Revision
of two (2) zones.
(b) Revised
rate structure including a proportionate model based on a fixed return to the
City and the City’s revenue requirements.
(c) An
updated survey of comparable cities’ rates and services provided.
(Planning, Building and Code Enforcement)
Documents Filed: None.
Discussion/Action: This item was deferred to October 31, 2000.
9g Approval
of a third amendment to the consultant services agreement with Parsons
Transportation Group, Inc. relating to the Route 87 Freeway Project, extending
the term of the agreement from December 31, 2000 to December 31, 2001, and
increasing the total amount of compensation by $903,000, to a total amount not
to exceed $2,853,000. CEQA: Resolution No. 65071. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated October 2, 2000, recommending Council approve the third amendment to said consultant services agreement.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the third amendment to the consultant services agreement with Parsons Transportation Group, Inc., was approved and execution of the amendment authorized. Vote: 10-0-0-0-1. Vacant: District 4.
9j (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 and 10/17/00 –
Item 9a)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 6, 2000, recommending Council approve said ordinance and adopt said resolution establishing the C&D Program categories and rates.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, Ordinance No. 26219, entitled: “An Ordinance of the City of San José Amending Chapter 9.10 of Title 9 of the San José Municipal Code to Establish the Construction and Demolition Diversion Deposit Program”, was passed for publication; and Resolution No. 69953, entitled: “Resolution of the City of San José Establishing a Diversion Deposit for Construction, Demolition and Alteration Projects, Effective July 1, 2001”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
9k Adoption
of a resolution:
(1) Approving
business terms for conditional grant of up to $4,866,000 to CORE Development,
Inc., or its designated partnership, for the development of a 157-unit Single
Room Occupancy affordable to extremely low-income households on approximately
1.46 acres of a 2.92-acre site located at 2030 and 2150 Monterey Road north of
Tully Road; and
(2) Approving
an additional reservation of HOME federal funding of up to $2,559,294 for
construction financing for the project.
(3) Adoption
of appropriation ordinance and funding sources resolution amendments in the
HOME Investment Partnership Program Fund (Fund 445) to do the following:
(a) Increase
the Earned Revenue estimate by $11,449,144 from $5,161,736 to $16,610,880.
(b) Increase
the HOME Loans and Grants appropriation to the Housing Department estimate by
$11,449,144 from $3,896,000 to $15,345,144.
(Housing/City Manager’s Office)
(Rules Committee referral 10/18/00)
Documents Filed: (1) Memorandum from Director of Housing, Alex Sanchez, dated October
19, 2000, noting the reason for supplemental report and recommending Council
approve staff recommendation for the transfer of restrictions. (2) Memorandum
from Director of Housing Alex Sanchez, and Budget Director Larry D. Lisenbee,
dated October 17, 2000, noting the reason for addendum and recommending Council
approve staff recommendation for the commitment of City financing for the
proposed project.
Discussion/Action: William J. Garbett spoke against the proposed
action. Upon motion by Council Member Shirakawa, Jr., seconded by Vice Mayor
Fiscalini and unanimously carried, Resolution No. 69954 entitled: “A Resolution
of the Council of the City of San José (i) Approving Up to $4,866,000 for an
Acquisition and Predevelopment Grant and a $2,559,294 Fund Reservation to Core
Development Inc., or Their Designated Limited Partnership for the Development
of 157-Unit Rental Housing Project Affordable to Extremely Low Income Persons
and Families, (ii) Authorizing the Director of Housing to Negotiate and Execute
All Necessary Documents Evidencing Such Loans on Behalf of the City”; Ordinance
No. 26220, entitled: “An Ordinance of the City of San José Amending Ordinance
No. 26141 to Appropriate Moneys in the Home Investment Partnership Program Fund
in the Amount of $11,449,144 for Low-Income Development at 2030 and 2150
Monterey Road North of Tully Road; and Providing That This Ordinance Shall
Become Effective Immediately Upon Adoption”; and Resolution No. 69955,
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 the Home Investment Partnership
Program Fund”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.
9l Adoption
of a resolution:
(1) Approving
business terms for conditional grant of up to $3,781,000 to CORE Development,
Inc., or its designated partnership, for the development of a 148-unit Single
Room Occupancy affordable to extremely low-income households on approximately
1.46 acres of a 2.92-acre site located at 2030 and 2150 Monterey Road north of
Tully Road.
(2) Approving
an additional reservation of HOME federal funding of up to $2,559,295 for
construction financing for the project.
(Housing)
(Rules Committee referral 10/18/00)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated October 17, 2000, noting the reason for addendum and recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Shirakawa, Jr., seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69956, entitled: “A Resolution of the Council of the City of San José (i) Approving Up to $3,781,000 For an Acquisition and Predevelopment Grant and a $2,559,295 Fund Reservation to Core Development Inc., or Their Designated Limited Partnership for the Development of 148-Unit Rental Housing Project Affordable to Extremely Low Income Persons and Families, (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loans on Behalf of the City”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.
11a (1) Adoption by the
City Council of a response to written objections from property owners and
taxing entities to the adoption of the Neighborhood Business Clusters
Redevelopment Plan and the merger of the Neighborhood Business Clusters
Redevelopment Plan into the San Jose Merged Area Redevelopment Plan.
(2) Final adoption of ORDINANCE NO. 26196
– Adopts the Neighborhood Business Clusters Redevelopment Plan and makes
certain findings.
(3) Final adoption of ORDINANCE NO. 26197
– Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment
Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros
Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale
Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market
Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum
Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan,
the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The
Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the
Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the
Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the
Neighborhood Business Clusters Redevelopment Plan to effect the merger of said
Redevelopment Project Areas and making certain findings.
(Deferred from 9/19/00 – Item 11a et al., and 10/10/00 – Item 11a)
Documents Filed: None.
Discussion/Action: This item was deferred to November 21, 2000.
Ross Signorino spoke in support of saving San José Hospital. William J. Garbett spoke on public accountability involving the renaming of the San José Arena.
CLOSED SESSION REPORT
City Attorney, J. Richard Doyle, stated negotiations on proposed lease amendments relating to price and conditions of payment for the San José Arena property are progressing with involvement of real property designated representatives for the City of San José and for the Arena Management Corporation.
Following Oral Communications, Council recessed at 2:15 p.m. and reconvened at 7:05 p.m., Council Chambers in City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: None.
Vacant: District 4
City Clerk, Patricia L. O’Hearn read the request to drop and renotice the appeal of the Planning Commission’s decision on the Conditional Use Permit for one project. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the below noted action was granted. Vote: 10-0-0-0-1. Vacant: District 4.
PUBLIC HEARINGS
15e PUBLIC HEARING ON APPEAL OF THE PLANNING
COMMISSION’S DECISION to approve a Conditional Use Permit for a project located
at the south side of Moorpark Avenue, on a 3.15 gross acre site in the R-1
Residence Zoning District, for the demolition of a portion of an existing
church, an addition resulting in a net increase of 48,910 square feet and other
site improvements with a condition limiting total building occupancy to 868
people.
Crossroads
Bible Church, Owner/Developer). CEQA:
Negative Declaration.
CP
98-12-062 - District 6
Documents Filed: None.
Discussion/Action: This item was dropped and the action will be renoticed.
Items 15a, 15b, 15c, and 15d were
considered in conjunction with Items 9h and 9i.
15a PUBLIC
HEARING ON THE APPEAL OF THE CERTIFICATION by the Planning Commission of the
COYOTE VALLEY RESEARCH PARK FINAL ENVIRONMENTAL IMPACT REPORT for a Planned
Development Rezoning to allow the development of approximately 689-gross-acre
site located west of U. S. Highway 101 and Coyote Creek and immediately south
of Tulare Hill. The rezoning would
allow development of 6.6 million square feet of building space on approximately
388 acres. The remaining acreage will
be used for infrastructure to serve the project including a 269-acre flood
detention basin and an electric power substation.
PDCSH 99-06-053 - District 2
15b PUBLIC HEARING ON NORTH COYOTE VALLEY
CAMPUS INDUSTRIAL AREA MASTER DEVELOPMENT PLAN for properties within the North
Coyote Valley to allow revisions to a previously approved Master Development
Plan on approximately 1,440 acres. (Various Owners). CEQA: Resolution No. 69957 adopted.
District
2
15c PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING for the property located on both sides of Santa Teresa Boulevard
southerly of Tulare Hill and northerly of Bailey Avenue, from A(PD) Planned
Development Zoning District to A(PD) Planned Development Zoning District, to
allow approximately 6.6 million square feet of Campus Industrial uses on
approximately 689 gross acres. (Coyote
Valley Research Park, LLC, and Robert Weyhe, Owner; Coyote Valley Research
Park, LLC, Developer). CEQA: Resolution No.
69957 adopted.
PDCSH
99-06-053 District 2
15d PUBLIC HEARING and approval of an
ordinance granting the DEVELOPMENT AGREEMENT FOR PLANNED DEVELOPMENT REZONING
PDCSH 99-06-053 for the property located on both sides of Santa Teresa
Boulevard southerly of Tulare Hill and northerly of Bailey Avenue, from A(PD)
Planned Development Zoning District to A(PD) Planned Development Zoning
District, to allow approximately 6.6 million square feet of Campus Industrial
uses on approximately 689 gross acres.
(Coyote Valley Research Park, LLC, and Robert Weyhe, Owner; Coyote
Valley Research Park, LLC, Developer). CEQA:
Resolution No. 69957 adopted.
PDCSH
99-06-053 District 2
9