MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY, OCTOBER 3, 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, Diquisto, Fiscalini, LeZotte, Powers, Woody; Gonzales
Absent: Council Members: Diaz, Shirakawa, Jr. (both excused)
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 pursuant to Government Code Section 54956.8 for lease, sale and/or use agreements of all or part of Parcel APN 015-31-045, approximately 119 acres of property located at Eastside Zanker Road, North of SR 237, with Designated Representatives Darrell Dearborn for the City of San José, and Dave Kraska for Pacific Gas & Electric Company; (B) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Rockwell and Richmond v. Kielock, et al.; and D.W. Young Construction Company, Inc. v. City of San José; (C) confer with Legal Counsel regarding anticipated litigation and the consideration of a matter pertaining to the initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code; and (D) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Alex Gurza, and the San José Police Officers’ Association and the International Association of Firefighters Employee Organizations.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:37 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
The Reverend Harrison Chang, Chinese Baptist Church, delivered the invocation. (District 9)
Mayor Gonzales led in the Pledge of Allegiance.
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 with the recommended deferral of Item 6e(4) rejected with Council discussing the issue and continuing it to October 10, 2000. Vote: 10-0-0-0-1. Vacant: District 4.
CEREMONIAL
ITEMS
5c Presentation of plaque
to Tommy Fulcher III for 1 year 11 months service on the Youth Commission.
(Mayor)
Documents Filed: None.
Discussion/Action: Tommy Fulcher was unable to attend the meeting; therefore, the plaque will be mailed to the Commissioner with a letter of appreciation for his service to the City of San José.
The City Council joined Council Member Shirakawa, Jr. in welcoming special guests from Santa Teresa High School’s Honors History Class, which were accompanied by teachers and parents and asked to stand and be recognized.
CONSENT CALENDAR
Upon motion by Vice Myor 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.
Minutes
for Approval
6a(1) Regular Meeting of June 27, 2000
Documents Filed: Minutes of the regular meeting of June 27, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.
6a(2) Joint City Council/Financing Authority
Meeting of June 27, 2000
Documents Filed: Minutes of the joint meeting of June 27, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.
6a(3) Joint City Council/Redevelopment Agency
Meeting of June 27, 2000
Documents Filed: Minutes of the joint meeting of June 27, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.
6a(4) Regular Meeting of
August 1, 2000
Documents Filed: Minutes of the regular meeting of August 1, 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)]
Documents Filed: None.
Discussion/Action: See Item 11a(2) for Council action taken.
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)]
Documents Filed: None.
Discussion/Action: See Item 11a(3) for Council action taken.
6b(3) ORD. NO. 26206 – Rezones certain real
property situated on the west side of Boynton Avenue, approximately 250 feet
northerly of Akron Way (499 Boynton Avenue).
PDC 00-04-027
Documents Filed: Proof of publication of the title of Ordinance No. 26206 executed on September 26, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26206 was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
6b(4) ORD. NO. 26207 – Rezones certain real
property situated on the south side of Lenzen Avenue, 210 feet westerly of
Stockton Avenue. PDC 00-05-042
Documents Filed: Proof of publication of the title of Ordinance No. 26207 executed on September 26, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26207 was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
Contracts/Agreements
6e(1) Approval
of a continuation agreement with DEKKER, LTD., to implement an Activity Based
Costing and Management (ABC/M) System at the San José International Airport,
to:
(a) Extend
the term of the agreement from September 30, 2000 to December 31, 2000, at no
increase in total compensation.
(b) Change
the payment schedule for consulting services from time and materials to
performance milestone payment.
CEQA:
Exempt. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated September
13, 2000, recommending Council approve said continuation agreement.
Discussion/Action: The continuation agreement with DEKKER, LTD. was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 4.
6e(2) (a) Adoption of a resolution
authorizing the City Manager to negotiate and execute an agreement with
Strategic Advisory Group LLP, to conduct an expanded marketing and economic
analysis on the proposed expansion of the San José McEnery Convention Center,
in an amount not to exceed $60,000. (Conventions, Arts and Entertainment)
(b) Adoption
of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital
Projects Fund with a net impact to the fund of $30,000. (City Manager’s Office)
Documents Filed: (1) Director of Conventions,
Arts and Entertainment, Nancy Johnson, dated September 13, 2000, recommending
Council adopt said resolution. (2) Memorandum from Budget Director, Larry D.
Lisenbee, dated September 21, 2000, recommending Council adopt said
appropriation ordinance and funding sources resolution amendments in the
City-side Redevelopment Fund.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69915, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With Strategic Advisory Group LLC for Consulting Services Related to An Expanded Marketing and Economic Analysis of the Proposed Expansion of the San José McEnery Convention Center, In An Amount Not to Exceed $60,000”; Ordinance No. 26209, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $30,000 for the Convention Center Expansion Study Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69916, 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 Services for Redevelopment Capital Projects Fund”, were adopted. 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 # 12,
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 September 13, 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. 12 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-0-0-1. Vacant: District 4.
6e(4) Adoption of a resolution authorizing
the City Manager to negotiate and execute group dental agreements with Delta
Dental and Dental Benefit Providers (DBP) insurance plans for the period
January 1, 2001 to December 31, 2004.
(Human
Resources)
Documents Filed: None.
Discussion/Action: Council Member Diquisto stated retired employees of the City were neither notified of contract negotiations for the proposed agreement, nor have they been included under the extended benefit proposal for the group dental benefit. Referencing correspondence from Tom Webster, Retirement Services, he advised Staff to resolve the communications problem between the City and the retirees, and to include the group in the coverage population for the extended benefits; and that until the issues are positively resolved, Council action on the dental insurance proposal should be deferred. Director of Human Resources Nona Tobin stated the issues would be resolved within one week, so as to not adversely affect the mid-October mailing of the November Open Enrollment notices to all active and retired employees. President of San José Retired Employees Association, Joe Bass, concurred with Council Member Diquisto’s suggestion to include retired employees in future noticing of benefit items and any other issues affecting their retirement benefits, and conveyed the Association’s request for clarification on the effective dates for active City employee benefits compared to that of retirees, and whether the dates should be identical. Council Member Chavez asked the City Manager to provide Council with definitive information on the formal methods used by the City to communicate with retirees regarding benefits and any other contractual negotiations, and the context within which that communication occurs. Council Member Dando suggested the Administration establish a major activity calendar and provide retirees with dates and occurrences related to benefit changes, and to convey to retirees the impact, if any, Open Enrollment will have on their benefits. Upon motion by Council Member Diquisto, seconded by Council Member Dando and unanimously carried, Council Members were requested to submit their concerns to the City Manager for responses, including but not limited to (a) formal methods of communication between the City and retirees; (b) future notifications of contract negotiations, proposed benefit changes, and timelines by which responses from retirees are due to City Staff or Retirement Services Department; (c) consideration of single effective date for benefits for both retirees and active City employees; and (d) what impact, if any, will Open Enrollment have on retirees in the case of the proposed group benefit package. This item was deferred to October 10, 2000.
6e(5) (a) Approval
of an agreement with Next Door Solutions to Domestic Violence (Next Door) to
administer an after-care follow-up program for victims of domestic violence for
the period October 1, 2000 to September 30, 2001, at a cost not to exceed
$109,000. (Police)
(b) Adoption
of a resolution authorizing the City Manager to exercise three (3) one-year
options to extend the term of the agreement with Next Door at a rate not to
exceed $114,450 in the first option year, at a rate not to exceed $120,173 in
the second option year, and at a rate not to exceed $126,181 in the third
option year, without further City Council action other than the appropriation
of funding. (Police)
Documents Filed: Memorandum from Chief of Police
William M. Lansdowne, dated September 13, 2000, recommending Council approve said agreement
and adopt said resolution regarding Next Door Solutions to Domestic Violence.
Discussion/Action: The agreement with Next Door Solutions to Domestic Violence was approved and execution of the agreement authorized; and Resolution No. 69917, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Exercise Three (3) One Year Options to Extend the Term of the Next Door Solutions to Domestic Violence Agreement to Administer an After-Care Follow-Up Program for Victims of Domestic Violence”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
6e(6) Approval
of a cost-sharing agreement with the County of Santa Clara for the improvement
of Scott Street between Raymond Avenue and Buena Vista Avenue with the City’s
contribution not to exceed $145,000, and the County’s contribution not to
exceed $83,000. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated September 13, 2000, recommending Council approve said agreement with the County of Santa Clara.
Discussion/Action: The cost-sharing agreement with the County of Santa Clara was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 4.
6e(7) Adoption
of a resolution:
(a) Authorizing
the City Manager to negotiate and execute an agreement with Safe Moves, a California non-profit corporation, for school pedestrian and bicycle
safety education services, for the period of October 7, 2000 to August 31,
2001, in an amount not to exceed $69,250.
(b) Authorizing
the City Manager to exercise two (2) one-year options to extend the term of the
agreement with Safe Moves, a California non-profit corporation, at an
adjustment rate equal to the Consumer Price Index for the San Francisco-Oakland-San
José area, not to exceed seven percent (7%) per year.
(Streets and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated
September 13, 2000, recommending Council adopt said resolution.
Discussion/Action: Representing the Department of Streets & Traffic, Deputy Director of Traffic Management Jim Helmer provided an overview of background information on the major component of the City’s traffic safety effort – the school pedestrian and bicycle education program. He stated the subject agreement would provide educational services every two years to all elementary and middle schools in San José, and recommended Council’s approval of Staff’s recommendation to exercise the available options. Council Member Dando expressed an interest in receiving the survey data compiled from school participation in the educational and training components and the type of information required by the schools to make them safer. She asked Staff to identify the Council District and the date on which pedestrian and bicycle training sessions will be conducted, and to convey that information to the City Council. In response to Council Member Powers’ request for the basis on which private and parochial schools were excluded from the program, Jim Helmer stated Staff would review the subject matter, compile the information, and report back to Council. Resolution No. 69918, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Safe Moves for School Pedestrian and Bicycle Safety Education Services, and Authorizing the City Manager to Exercise Two One-Year Options to Extend the Term of the Agreement”, was adopted with Staff directed to (a) distribute to Council any data compiled from the survey of schools that previously participated in the educational component of the Program, and the elements used to enhance pedestrian/bicycle safety at those schools; (b) include in the report the reasons private and parochial schools are excluded from the Program; and (c) include a timeline according to Council Districts of when safety training will be provided to elementary and middle schools in San José. Vote: 10-0-0-0-1. Vacant: District 4.
Routine
Legislation
6f(1) Adoption of appropriation ordinance
and funding sources resolution amendments increasing the Library Grants
appropriation for the Library Department by $110,000 for a grant received by
the Library Services Technology Act to conduct a feasibility study and design a
pilot project for a fee-base delivery service.
(City
Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated September 6, 2000, recommending Council adopt said appropriation ordinance.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26210, entitled: “A Ordnance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Library Department Fund in the Amount of $110,000 From the Library Services and Technology Act (LSTA) to Provide Funds for the Library to Conduct a Feasibility Study and Design a Pilot Project for a Fee-Based Delivery Service; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69919, 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 Library Department Fund”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.
6f(2) Adoption
of a resolution designating the City Manager as the final authority to
recommend that the California Department of Alcoholic Beverage Control place
conditions on Alcoholic Beverage Control (ABC) Licenses at the time of ABC
License transfer in order to mitigate identified problems at or in the immediate vicinity of the licensed premises,
as authorized in AB 1092.
(City Manager's Office/Police)
Documents Filed: Memorandum from City Manager Del D. Borgsdorf, and Chief of Police William M. Lansdowne, dated September 20, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69920, entitled: “A Resolution of the Council of the City of San José Designating the City Manager as the Final Authority to Recommend That the California Department of Alcoholic Beverage Control (ABC) Place Conditions on ABC Licenses at the Time of Transfer in Order to Mitigate Identified Problems at or in the Immediate Vicinity of the Licensed Premises”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
6f(3) Approval
of City Attorney Richard Doyle’s travel to Savannah, Georgia, from September
27, 2000 through September 29, 2000, for Airport related litigation. (City Attorney’s Office)
(Rules
Committee referral 9/27/00)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated September 28, 2000, recommending Council approve said travel.
Discussion/Action: The City Attorney’s travel to Savannah, Georgia, was approved. Vote: 10-0-0-0-1. Vacant: District 4.
COMMISSION,
COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee –
September 20, 2000
Documents Filed: Rules Committee Report of September 20, 2000.
(1) Review October 3, 2000 Draft Agenda
The Committee approved the October 3, 2000 City Council Agenda.
(2) Add New Items to September 26, 2000 Amended Agenda
The Committee recommended two additions to the September 26, 2000 City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated September 14, 2000, listing the items transmitted to the Administration for the period September 6-12, 2000.
The Committee noted and filed the Public Record for the period September 6-12, 2000.
(5) Council Referrals for Assignment to Appropriate
Committee, Administration, or Council Appointee
None Presented.
(6) Oral Communications
None Presented.
(7) Adjournment
The meeting was adjourned at 2:05 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the Rules Committee Report and actions of September 20, 2000 were accepted. Vote: 10-0-0-0-1. Vacant: District 4.
GENERAL
GOVERNMENT
9a Approval of a resolution:
(1) Approving the sale of (3) City-Owned Properties
located at 5747 Via Monte Drive, 1360 Dubert Lane and 133-135 Fox Avenue to the
highest bidder.
(2) Authorizing the Director of Housing to sell the
properties to the subsequent highest bidders if the highest bidders are unable
to comply with the terms and conditions of sale.
(3) Authorizing the Director of Housing to grant
teacher housing program candidates preference in the continuing disposition
process for the 367 N. 14th Street property.
CEQA: Exempt.
(Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated September 13, 2000, recommending Council adopt said resolution approving the actions to dispose of City-owned properties.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69921, entitled: “A Resolution of the Council of the City of San José 1) Approving the Sale of 3 City-Owned Properties to the Highest Bidder, 2) Authorizing the Director of Housing to Sell the Properties to the Subsequent Highest Bidders if the Highest Bidders Are Unable to Comply With the Terms of the Sale, 3) Authorizing the Director of Housing to Provide a Preference to Teacher Candidates in the Sale of the Property at 367 No. 14th Street, and 4) Authorizing the Director of Housing to Negotiate and Execute An Agreement for Sale of Said Property and All Other Documents Necessary to Complete the Transaction”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
9b Adoption of a resolution approving
an amendment to the City loan documents modifying the $1,144,000 City loan for
the YWCA Housing Project. (Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated September 13,
2000, recommending Council approve an amendment to the City loan documents
modifying the loan for the YWCA Housing Project.
Discussion/Action: Council Member Chavez asked Staff to work with YWCA management in need of technical assistance to attain solvency and to develop a plan that will protect the City’s investment in future financial challenges. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69922, entitled: “A Resolution of the Council of the City of San José (i) Approving an Amendment to the City Loan Documents Modifying the $1,144,000 Loan to YWCA Third Street Inc., and (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Amendment on Behalf of the City”, was adopted with Staff directed to (1) provide YWCA management with technical assistance to become and maintain solvency, and (2) to develop mechanisms that would protect the City’s investments when considering financial challenges in the future. Vote: 10-0-0-0-1. Vacant: District 4.
9c Adoption of a resolution:
(1) Approving business terms for an
acquisition/predevelopment loan of up to $3,035,000 and a conditional loan of
up to $920,000 to Villages Parkway Associates, or its designated partnership,
for the development of a 79-unit housing project affordable to extremely low-,
very low- and low-income seniors on a 1.96-acre site located at the northeast
corner of The Villages Parkway and Ashley Way.
(2) Approving
an additional fund reservation of up to $1,099,000 for construction financing
for the project.
(3) Finding that the use of 20% Housing Funds for
the project is of benefit to the Redevelopment Project Areas in San José.
(Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated September 13, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Woody, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69923, entitled: “A Resolution of the Council of the City of San José (i) Approving Up to $3,035,000 For An Acquisition and Predevelopment Loan and a $920,000 Conditional to Village Parkway Associates or Their Designated Limited Partnership for the Development of a 79-Unit Rental Housing Project Affordable to Low, Very Low and 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, and (iii) Finding That the Use of 20% Housing Funds and Other Agency Funds for the Subject Project is a Benefit to the Redevelopment Project Areas in San José”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.
9d Adoption of a resolution supporting
Transportation Measure A on the November 2000 ballot. (Mayor)
(Rules
Committee referral 9/27/00)
Documents Filed: Memorandum from Mayor Gonzales and Council Members Chavez, LeZotte, Powers and Woody, dated September 28, 2000, recommending Council support Measure A on the November 7, 2000 ballot.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Powers, seconded by Council Member Woody and unanimously carried, Resolution No. 69924, entitled: “A Resolution of the Council of the City of San José in Support of Measure A By the Santa Clara Valley Transportation Authority Calling for Authorization of a One-Half Cent Sales Tax Which Shall Be Committed to Funding Specific Transit Projects in Santa Clara County”, was 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)
Documents Filed: None.
Discussion/Action: This item was deferred to October 10, 2000.
The City Council recessed at 2:12 p.m. and reconvened at 7:00 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: Diaz (excused)
Vacant: District 4
City Clerk, Patricia L. O’Hearn read the request
to drop the application for a rezoning. Upon motion by Vice Mayor Fiscalini,
seconded by Council Member Powers and unanimously carried, the below noted action was granted. Vote: 9-0-1-0-1. Absent: Diaz.
Vacant: District 4.
15c PUBLIC HEARING ON CONFORMING
REZONING of the property located at the north side of Story Road, approximately
300 feet easterly of King Road, from C-1 Commercial Zoning District to C-2
Commercial Zoning District, to allow retail uses on 4.29 gross acres. (Juvenal Chavez, Cha Cha Enterprises,
Owner/Developer). CEQA: Resolution No. 62615.
C
00-08-073 - District 5
Documents Filed: None.
Discussion/Action: This item was dropped.
CEREMONIAL
ITEMS
5a Presentation of a proclamation
declaring October 2000 as “Employment of Persons with Disabilities Month.” (Equality Assurance)
Documents Filed: Document entitled: “Resolution Concerning Employment of People With Disabilities Awareness Month, Presented on October 3, 2000 by the Silicon Valley Council of the Blind”, submitted by Sandra Gouveia.
Discussion/Action: Mayor Gonzales introduced Richard Patterson and Jay Anne Benton, Co-Chairs of the Disability Advisory Commission, and Commissioners Judith Moore, Aaron Morrow, Karl Vidt, and Sandra Gouveia. Mr. Patterson expressed the Commission’s appreciation for ADA accommodations in Council Chambers and accepted the proclamation; and Sandra Gouveia submitted for the public record the Braille Resolution Concerning Employment of People With Disabilities Awareness Month presented on October 3, 2000 by the Silicon Valley Council of the Blind. Mayor Gonzales stated the City of San José would continue its commitment to inclusion and equal opportunity for every member of the community-at-large.
5b Swearing in of Youth Commissioners
from Districts 3 and 7. (Mayor)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated September 25, 2000, submitting the names of the Youth Commissioners to be appointed and sworn in during the October 3, 2000 City Council meeting.
Discussion/Action: Council Member Shirakawa, Jr. acknowledged the absence of Erica B. Garcia, District 7 representative, and stated the swearing-in ceremony for the Youth Commissioner would be rescheduled. Joining Mayor Gonzales at the Podium, Council Member Chavez introduced Alex Berger, enthusiastic advocate for a skateboard park in the City of San José, and City Clerk Patricia L. O’Hearn administered the Oath of Office to Alex. Mayor Gonzales congratulated the Youth Commissioner on his academic achievements, and introduced Alex’ parents who were asked to stand and be recognized.
5d Presentation of a commendation to
the San Jose Police Bike Patrol for their assistance at the Breast Cancer Walk
from San Jose to San Francisco. (Mayor)
(Rules
Committee referral 9/27/00)
Documents Filed: None.
Discussion/Action: Approximately 50 volunteers from Avon, represented by David Ginsborg, and the San José Police Department joined Mayor Gonzales at the Podium, who presented the commendation to the San José Police Bike Patrol. Assistant Police Chief Tom Wheatley accepted the commendation on behalf of the 19-member Bike Patrol Squad from the San José Police Department, who volunteered more than 350 hours to ensure the safety of the Walk participants. Mayor Gonzales lauded the efforts of the 3,000 walkers and 500-volunteer crewmembers participating in the 60-mile, Avon Breast Cancer 3-Day fundraising walk from San José to San Francisco, which generated $6.2 million in net proceeds toward finding a cure for breast cancer. Assistant Police Chief Wheatly presented to Mayor Gonzales a proclamation expressing gratitude and appreciation to the San José Bicycle Police Officers for their enthusiasm and professionalism throughout the 3-day event, as well as the City of San José for supporting the volunteer contributions. Chief Wheatley presented proclamations and commemorative Tee-Shirts to each Council Member and Police Officer.
5e Presentation of a commendation to
San Jose State University Baseball team for their great season and for making
it to the College World Series. (Mayor)
(Rules
Committee referral 9/27/00)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were San José State University President Robert Caret and Baseball Team Head Coach Sam Piraro who accepted the commendation and introduced the Team, and presented a team baseball cap to Mayor Gonzales, who congratulated the Team for its great season and for making it to the College World Series. Mayor Gonzales joined University President Caret, Baseball Team Head Coach Piraro, and Team Members for a group picture.
5f Presentation of a proclamation
declaring October “Domestic Violence Awareness Month” and acknowledging the
City’s Annual “Public and Elected Officials Walk to End Domestic Violence” as
an event to raise awareness of domestic violence in the City of San José. (Woody)
(Rules
Committee referral 9/27/00)
Documents Filed: None.
Discussion/Action: Council Member Woody, joined by Mayor Gonzales, invited Family/Domestic Violence Prevention Task Force Members Wiggsy Sivertsen, Sara Lively, and Assistant Police Chief Tom Wheatley to the Podium. Wiggsy Sivertsen accepted the proclamation. Council Member Woody invited the public to participate in various events occurring in Santa Clara County throughout the month of October 2000, including the City’s Annual Public and Elected Officials Walk to End Domestic Violence, scheduled for Friday, October 13, 2000, as an event to raise awareness of domestic violence in the City of San José.
15a PUBLIC HEARING ON CONFORMING
REZONING of the property located at the northwest corner of Stockton Avenue and
The Alameda, from M-1 Manufacturing Zoning District to C-3 Commercial Zoning
District, to allow commercial uses on 2.17 gross acres. (Alameda/Stockton, LLC,
Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building
and Code Enforcement recommends approval.
C
00-05-044 - District 6
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C00-05-044 dated September 13, 2000, recommending approval of the proposed prezoning. (2) Public Hearing Notice to consider a change in Zoning for C00-05-044 dated September 12, 2000, and Proof of Publication executed on September 22, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. There was no discussion from the Floor. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the public hearing was closed and Ordinance No. 26211, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Northwest Corner of Stockton Avenue and The Alameda”, was passed for publication. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.
15b PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the north side of Curtner
Avenue, approximately 210 feet west of Celestine Avenue, from R-1 Residence
Zoning to A(PD) Planned Development Zoning District, to allow four
single-family detached courthomes on 0.43 gross acre. (Rose Tagami, Owner; DeMattei & Cullen Development, LLC,
Developer). CEQA: ND.
Director of Planning, Building and Code Enforcement recommends
approval. Planning Commission
recommends approval (7-0-0).
PDC
00-07-060 - District 6
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated September 28, 2000, transmitting the Staff report on PDC 00-07-060 dated September 20, 2000, and recommending approval of the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 00-07-060 dated September 12, 2000, and Proof of Publication executed on September 15, 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 Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26212, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated On the North Side of Curtner Avenue Approximately 210 Feet West of Celestine Avenue”, was passed for publication. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.
The City Council joined Mayor Gonzales in welcoming representatives from Cub Scouts Den #1, Pack 274, District 10, who attended the Council meeting to earn their Citizenship Activity Pen. Cubmaster Jeff Green and Denleader Eric Anderson accompanied the Cub Scouts; all the guests were asked to stand and be recognized.
15d PUBLIC HEARING ON APPEAL OF A
CONDITIONAL USE PERMIT for a project located at the northwest corner of Ardis
Avenue and Arcadia Drive, on a 0.24 gross acre site in the R-1 Residential
Zoning District, for the demolition of a single-family detached residence and
conversion to a parking lot to serve an existing used auto sales facility.
(Hooshang Homara, Owner/Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement recommends
denial. Planning Commission recommends
denial (5-0-2).
CP
99-12-073 - District 1
Documents Filed: (1) Memorandum from Council Member LeZotte, dated October 2, 2000, recommending Council uphold the decision of the Planning Commission to deny the project. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated September 15, 2000, recommending Council adopt a resolution to deny the CUP to allow the demolition of a single family residence. (3) Public Hearing Notice to consider an appeal of a conditional use permit for the subject project, dated September 18, 2000, and Proof of Publication executed on September 22, 2000, submitted by the City Clerk. (4) Correspondence from Larry & Carol Ellis, dated October 2, 2000, and Nicholas A. Speno, Managing Partner of Speno Properties, Speno Family Trust, dated October 3, 2000, both supporting the subject project.
Discussion/Action: Mayor Gonzales opened the public hearing on the appeal of the Conditional Use Permit for the subject property. The following individuals spoke in favor of the proposed conversion: Applicants Jeff Lawson and Hooshang Homara; Edwin Fitton, Manizheh Zand, Hopayoon Homaa, Phil Malyon, and Willie Wilkerson, Stevens Creek European; Abi Vahdatinia; Duncan Leeman. The following individuals spoke against the proposed conversion of the property to a parking lot: Dennis Delpier, Manuel A. Vieira, Mike Eshoff, Christina Moyle-Reed, and Ben Ochoa. Council Member LeZotte stated the neighborhoods that border on Stevens Creek are in danger of being overrun by automobile businesses on Stevens Creek Boulevard, which do not have room for expansion. She applauded the applicant’s efforts to resolve the parking problem caused by a lucrative business on Stevens Creek, however, the neighborhood should not be negatively impacted in the process. She stated the demolition of a neighborhood residence should not be allowed for the purpose of creating a parking lot, and recommended Council uphold the decision of the Planning Commission to deny the project. She invited the applicant to attend a previously scheduled meeting with Stevens Creek merchants in an attempt to address the parking problems created by the auto dealerships. Upon motion by Council Member LeZotte, seconded by Council Member Chavez and unanimously carried, the public hearing was closed, the appeal denied, the Planning Commission recommendation to deny the Conditional Use Permit upheld, and Ordinance No. 69925, entitled: “Resolution of the Council of the City of San José Denying a Conditional Use Permit to Use Certain Real Property Described Herein for the Purpose of Allowing the Demolition of a Single Family Detached Residence and Conversion of the Lot to an Off-Site Parking Lot for an Existing Auto Sales Dealership”, was passed for publication and the Applicant requested to join Council Member LeZotte and dealership representatives at 2:00 p.m. on October 4, 2000 at St. Claire Cadillac to discuss parking problems created by existing auto businesses on Stevens Creek Boulevard. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.
The Council of the City of San José adjourned at 8:10 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK