MINUTES OF THE CITY COUNCIL

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, NOVEMBER 14, 2000

The Council of the City of San José convened in regular session at 9:00 a.m. in City Council Chambers at City Hall.

Present: Council Members - Chavez, Dando, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales.

Absent: Council Members - Diaz (excused).

Vacant: District 4.

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to conduct public employee performance evaluation pursuant to Government Code Section 54957, for the titles of City Manager and City Clerk; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Alex Gurza, Employee Organization: International Association of Firefighters; and (2) City Negotiator: City Manager designee Alex Gurza, Employee Organization: Municipal Employees Federation.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

INVOCATION

Pastor David Sawkins, South Valley Community Church, delivered the Invocation.

(District 10)

PLEDGE OF ALLEGIANCE

Mayor Gonzales led the Pledge of Allegiance.

ORDERS OF THE DAY

Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Item 11c was deferred to 11/21/00 at the request of Council Member Chavez, and the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

CEREMONIAL ITEMS

5a Presentation of a commendation to the Mexican American Community Services Agency (MACSA) Youth Center’s three divisions of Eagle Warrior Athletics Soccer Teams. (Diaz)

Documents filed: None.

Discussion/Action: This item was deferred to November 21, 2000.

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 items taken as indicated. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

Minutes for Approval

6a(1) Regular Meeting of October 3, 2000

Documents filed: Minutes of October 3, 2000.

Discussion/Action: The Minutes were approved. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

Ordinances for Final Adoption

6b(1) ORD. NO. 26225 – Rezones certain real property situated at the southwest corner of Coleman Avenue and West Hedding Street. PDC 00-05-046

Documents filed: Proof of publication of title of Ordinance No. 26225, executed on November 7, 2000, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26225 was adopted. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

Public Hearings Set by Council

6c(1) Adoption of a resolution initiating proceedings and setting a date for Council consideration on December 12, 2000 for 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 11/7/00 – Item 6c(1)]

Documents filed: Memoranda from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated July 15, 1999 and November 8 and 14, 2000, recommending Council adopt a resolution setting December 12, 2000 for Council consideration of the reorganization of territory designated as Buena Vista No. 1.

Discussion/Action: Resolution No. 70001, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Inhabited Territory Designated as Buena Vista No. 1 and Described Herein, and Giving Notice of Hearing on the Proposed Reorganization and Written Protests”, was adopted. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

Contracts/Agreements

6e(1) Adoption of a resolution authorizing the City Attorney to execute the fourth amendment to the legal services agreement with Ogden, Gibson, White, and Broocks to increase the compensation by $150,000, for a total agreement amount not to exceed $400,000. (Board of Administration for the Police and Fire Department Retirement Plan)

Documents filed: Memorandum from the Board of Administration for the Police and Fire Department Retirement Plan, dated October 25, 2000, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70002, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Execute the Fourth Amendment to the Legal Services Agreement with Ogden, Gibson, White & Broocks to Increase the Compensation by $150,000 for a Total Not to Exceed $400,000”, was adopted. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(2) Approval of a continuation agreement with Moore, Iacofano, Goltsman, Inc. to provide facilitation services for the Santa Clara Basin Watershed Management Initiative, extending the term of the agreement from November 3, 2000 to June 30, 2001, at no additional cost to the City. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 6, 2000, recommending Council approve said agreement with Moore, Iacofano, Goltsman, Inc. (2) Letter from the Treatment Plant Advisory Committee, dated November 10, 2000, stating concurrence with the Staff recommendation.

Discussion/Action: The agreement with Moore, Iacofano, Goltsman, Inc. was approved and its execution authorized. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(3) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #18, 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 25, 2000, recommending Council approve said open purchase orders.

Discussion/Action: The award of open purchase orders List No. 18, was approved and the Director of General Services authorized to execute the purchase orders. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(4) Adoption of a resolution authorizing the Director of General Services to:

(a) Execute an agreement with Helen Streck, dba C&H Solutions, as consultant for the Records and Information Management Project - Phase II, for the period November 15, 2000 to June 30, 2001, in an amount not to exceed $145,500.

(b) Execute change orders in an amount not to exceed $34,500.

(General Services)

Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated October 25, 2000, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70003, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Agreement with Helen Streck, dba C&H Solutions, for the Records and Information Management Project – Phase II”, was adopted. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(5) Approval of request from A. P. Construction Company, Inc. to substitute T & L Landscaping in place of RMT Landscape Contractors, Inc. as subcontractor to perform the landscape and irrigation work for the Starbird Park Renovation Project. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Deputy Director of Public Works, Gordon Siebert, dated October 25, 2000, recommending Council approve said request to substitute T & L Landscaping in place of RMT Landscape Contractors, Inc., for subcontract work on said project.

Discussion/Action: The approval of the request from A. P. Construction Company, Inc., to substitute T & L Landscaping as subcontractor to perform the landscape and irrigation work for the Starbird Park Renovation Project, was approved. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(6) Approval of the first amendment to the master agreement with Amphion Environmental, Inc. for design and construction support for various park and recreational projects, to increase the maximum amount of compensation by an amount not to exceed $40,000, and for a total master agreement amount not to exceed $200,000. (Public Works)

Documents filed: Memorandum from Deputy Director of Public Works, Gordon Siebert, dated October 25, 2000, recommending Council approve a first amendment to said master agreement with Amphion Environmental, Inc.

Discussion/Action: Council Member Dando raised concerns over a City-wide issue involving the need to coordinate with the Santa Clara Water District or other entities, stated extra park funds have been required in her district when the Water District came in late with requirements and recommendations, and requested Staff pursue better coordination with the Santa Clara Valley Water District, or other entities, on this and similar projects throughout the City. The first amendment to said master agreement with Amphion Environmental, Inc., was approved and its execution authorized, and Staff was directed to review coordinate efforts with the Water District or other agencies involved in similar projects. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(7) Approval of Contract Change Order No. 3 for the Installation of Traffic Signal Unit 98B-1 Project with Freeway Electric Inc. in the amount of $26,135.25, for a total contract amount of $548,951.41, and an extension of five (5) working days, for a total contract time of 105 working days. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Deputy Director of Public Works, Gary Thompson, dated October 25, 2000, recommending Council approve Contract Change Order No. 3 for said contract with Freeway Electric, Inc.

Discussion/Action: Contract Change Order No. 3 with Freeway Electric, Inc., for said project, was approved and its execution authorized. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(8) Approval of a five (5) year lease agreement with J.R. Realty #1 and Bascom Equity Partners, LLC for 4,162 useable square feet of office space on the second floor of their building located at 1190 Bascom Avenue for the Department of Parks, Recreation and Neighborhood Services’ Office of Aging, for a monthly rent of $15,112.50 per month during the first year of the lease with annual increases of approximately 5% to a maximum rate of $18,367.50 per month during the fifth and final year of the lease. (Public Works)

Documents filed: Memorandum from Deputy Director of Public Works, James W. Foley, Jr., recommending Council approve said lease agreement with J.R. Realty #1 and Bascom Equity Partners, LLC.

Discussion/Action: The lease agreement with J.R. Realty #1 and Bascom Equity Partners, LLC, was approved and its execution authorized. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(9) Approval of three 5 year lease agreements with La Familia, LP for office space on the second, third, and seventh floors of 777 North First Street, for a combined monthly rent of $72,599.00 per month during the first year of the leases with annual increases of approximately 5% to a maximum rate of $84,939.36 per month during the fifth and final year of the leases. (Public Works)

Documents filed: Memorandum from Deputy Director of Public Works, James W. Foley, Jr., recommending Council approve said lease agreements with La Familia, LP.

Discussion/Action: The lease agreements with La Familia, LP, were approved and their execution was authorized. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(10) Approval of a five (5) year property use agreement, with one 5 year option, with Bay Area Cellular Telephone Company allowing for the construction, installation, maintenance, and operation of up to five (5) telecommunications antennas at 1661 and 2077 Airport Boulevard, at an annual fee of $60,000 per year, (with yearly increases at the greater of 4% or the rise in the Consumer Price Index) and permitting the addition of additional antennae at that site for a fee starting at an additional $12,000 each (which fee will also increase by the greater of 4% or the rise in the CPI). (Public Works/Airport)

Documents filed: Memorandum from Deputy Director of Public Works, Rajeev Batra, and Director of Aviation, Ralph G. Tonseth, recommending Council approve said 5 year agreement, with one 5 year option, with Bay Area Cellular Telephone Company.

Discussion/Action: The property use agreement, with said option, with Bay Area Cellular Telephone Company, was approved and its execution authorized. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(11) Approval of a five (5) year property use agreement, with one 5 year option, with Wayport Incorporated allowing for the construction, installation, maintenance, and operation of 16 telecommunications radio repeaters on City Airport property located at 1661 and 2077 Airport Boulevard at an annual rent of $45,000 per year, (with yearly increases of the greater of 4% or increases in the Consumer Price Index) and permitting Wayport to add additional repeaters for an annual fee starting at $2,640 each (which fee will also increase by the greater of 4% or the rise in the CPI). (Public Works/Airport)

Discussion/Action: The property use agreement, with said option, with Wayport Incorporated, was approved and its execution authorized. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6e(12) Approval of Contract Change Order (CCO) No. 2 with RGW Construction, Inc. for the Boulder Drive Sanitary Sewer Emergency Reconstruction Project in the amount of $59,958, for a total contract amount of $343,944, and a time extension of five (5) working days, for a total of fifty (50) working days. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Deputy Director of Public Works, James W. Foley, Jr., dated October 25, 2000, recommending Council approve said Contract Change Order No. 2 with RGW Construction, Inc.

Discussion/Action: Contract Change Order No. 2 with RGW Construction, Inc., was approved and its execution authorized. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

Routine Legislation

6f(1) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment fund) with a net impact to the fund of $483,000. (City Manager’s Office)

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated November 3, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: Ordinance No. 26228, 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 $483,000 for the East Santa Clara Street Pedestrian Lighting Project, the Alum Rock Streetscape Improvements Project, the West San Carlos Street Pedestrian Streetlight Project, the Monterey Corridor Median Improvement Project and the Route 87 at Branham Lane Overcrossing Trail and Landscaping Improvements Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70004, entitled, “A Resolution 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: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6f(2) Approval of an ordinance amending Chapter 3.36 of the San José Municipal Code to increase the retirement formula in the Police and Fire Retirement Plan to 4% per year of service for years 26-30 with a maximum benefit of 85% of final compensation. (City Manager’s Office)

Documents filed: Memorandum from Alex Gurza, Director of Employee Relations, dated October 30, 2000, recommending Council approve said ordinance.

Discussion/Action: Ordinance No. 26229, entitled: “An Ordinance of the City of San José Amending Chapter 3.36 of Title 3 of the San José Municipal Code to Increase the Benefit Accrual to 4% of Final Compensation for Years of Service in Excess of 25 and the Retirement Benefits Maximum to 85% of Final Compensation for Certain Members of the Police and Fire Department Retirement Plan Who Retire on or after February 4, 2000”, was passed for publication. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6f(3) Adoption of a resolution initiating proceedings and setting November 21, 2000 at 1:30 p.m. for council consideration of the reorganization of territory designated as Evergreen No. 186, which involves the annexation to the City of San José of 5.26 gross acres of land, located on the northeast corner of Murillo Avenue and Ruby Avenue, and detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area. CEQA: ND. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from James R. Derryberry, Director of Planning, Building and Code Enforcement, dated October 18, 2000 recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70005, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Evergreen No. 186 and Described Herein, and Setting the Date and Place for Council Consideration of Such Reorganization”, was adopted. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6f(4) Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund in a total amount of $274,898, to increase the Police Department’s personal services and non-personal expenses appropriations for expenses related to the Peace Officer Standards and Training (P.O.S.T.) Reimbursed Simulator Training Program. (Police/City Manager’s Office)

Documents filed: Memorandum from Chief of Police, William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated October 24, 2000, recommending Council approve said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: Ordinance No. 26230, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $274,898 for Expenses Related to the P.O.S.T Reimbursed Simulator Training Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70006, entitled, “A Resolution 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: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

6f(5) Adoption of a resolution declaring an 82,067 square foot parcel of City-owned land located at the northeast corner of Meridian Avenue and Coleman Road, surplus to the needs of the City, and authorizing its transfer to the adjoining property owner, Santa Clara Valley Water District. (Public Works)

Documents filed: Memorandum from Deputy Director of Public Works, James W. Foley, Jr., dated October 25, 2000, recommending Council adopt said resolution.

Discussion/Action: Council Member Dando stated this area is being revegetated by the Santa Clara Valley Water District as a result of work along the Guadalupe River Park, and the area contains perk ponds and a creek which are not open to the public, but which people access by climbing through the fences. She requested Staff work with the Water District to open up public spaces where appropriate to be more accessible and user friendly. Council Member Diquisto stated he has also observed public use of the area which borders his district and supports the direction for Staff review. Deputy City Manager Dearborn stated in some cases the Water District has a concern that the land they maintain as public land adjacent to waterways be retained and protected for mitigation of lands they have removed from habitat elsewhere along riverways and therefore prevents access by the public in order to preserve the vegetation. However, he stated he is not familiar with this particular parcel of land and Staff will follow-up with the Water District to open lands to the public to the extent possible and report back to Council. Resolution No. 70006.1, entitled: “A Resolution of the Council of the City of San José Declaring a Parcel of City-Owned Property Surplus to the Needs of the City and Approving an Agreement to Sell Such Property to the Santa Clara Valley Water District”, was adopted. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Woody. Vacant: District 4.

END OF CONSENT CALENDAR

Council Member Woody entered the Chambers at this point in the meeting.

COMMISSION, COMMITTEE, AND STANDING REPORTS

7b Report of the Rules Committee – November 1, 2000

Vice Mayor Fiscalini, Chair

Documents filed: Rules Committee report of November 1, 2000.

(1) Review November 14, 2000 Draft Agenda

The Committee approved the November 14, 2000, Redevelopment Agency agenda.

(2) Add New Items to November 7, 2000 Amended Agenda

The Committee recommended five additions to the November 7, 2000, City Council agenda.

(3) Meeting Schedules. Attachment: (1) Memorandum from Council Member LeZotte, dated October 20, 2000, requesting a schedule change for the City Council Study Session on Smart Growth. (2) Memorandum from Redevelopment Agency Executive Director Susan Shick, dated October 26, 2000, requesting a Study Session be scheduled.

The Committee recommended the following: Reschedule the City Council Study Session on Smart Growth from November 13, 2000 to the week of December 11, 2000; and schedule a Redevelopment Agency Board Study Session on Greater Downtown Development Strategy to be held Monday, November 13, 2000, 1:30-4:00 p.m. in the City Council Chambers.

(4) The Public Record. Attachment: Memorandum from City Clerk Patricia O’Hearn, dated October 26, 2000, listing items transmitted to the administration and filed for the Public Record for the period October 18-24, 2000.

The Committee noted and filed the Public Record.

(5) Council Referrals for Assignment to Appropriate Committee, Administration or Council Appointee

There were none.

(6) Oral Communications

Member Manny Diaz introduced State Assemblyman Tony Cardenas to the Committee.

(7) Adjournment

The meeting was adjourned at 2:05 p.m.

Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of November 1, 2000, were accepted. Vote: 8-0-2-0-1. Absent: Diaz, LeZotte. Vacant: District 4.

Council Member LeZotte arrived during discussion of Item 9a.

GENERAL GOVERNMENT

9a Approval of the second amendment to the agreement with Corlett, Skaer & DeVoto Architects for consultant services on Phase 6 of the Airport Acoustical Treatment (ACT) Program for 83 additional dwellings, increasing maximum compensation in an amount not to exceed $739,140, and extending the term for completion from December 31, 2000 to June 30, 2002. CEQA: Resolution 67380. (Airport)

Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated October 25, 2000, recommending Council approve a second amendment to said agreement with Corlett, Skaer & DeVoto Architects.

Discussion/Action: Responding to questions by Council Member Chavez and Vice Mayor Fiscalini regarding the timeline for completion and definition of the eligibility and geographical areas, Director of Aviation Ralph Tonseth stated this bid represents the final package for the ACT Program and consists of 83 homes scattered throughout the cities of San José and Santa Clara whose owners had originally elected not to apply during Phase 1 or who dropped out and have reapplied. He stated the original group of homes should be completed by Spring 2001, the 83 homes afterwards, with the only outstanding work being the completion of the schools. He explained the Category 1 eligibility comprises the area within the 65 dB Community Noise Equivalent Level (CNEL) noise contour, originally determined to be 1500 homes; Category 2 and 3 are homes outside the 65 dB CNEL that are being acoustically tested—Category 2 are homes which, although not in the 65 CNEL contour, are expected to receive an increase of more than 1-1/2 decibels of noise as a result of airport growth; those in Category 3 are homes that fell between 60 and 65 CNEL that were situated outside of the two previously defined categories. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, the amendment to said agreement with Corlett, Skaer and DeVote Architects for consultant services on Phase 6 of the Airport Acoustical Treatment Program was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

9b Recommendation of the Parks & Recreation Commission to name the new center at the corner of Azucar Avenue and Bendorf Drive as the “Edenvale Youth and Family Center.” (City Clerk)

Documents filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated November 13, 2000, recommending Council consider the recommendation of the parks and Recreation Commission to name the new Center at 285 Azucar, at the corner of Bendorf Drive, the “Edenvale Youth and Family Center.”

Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, the recommendation of the Parks & Recreation Commission to name the new center at the corner of Azucar Avenue and Bendorf Drive the “Edenvale Youth and Family Center,” was approved. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

9c Adoption of a resolution:

(1) Authorizing the issuance of three (3) series of tax-exempt multifamily housing revenue bonds in the aggregate principal amount not to exceed $11,715,000.

(2) Approving a loan of bond proceeds to Bascom HACSC Associates, L.P., a California limited partnership created by the Housing Authority of the County of Santa Clara for financing the construction of the El Parador Apartments Project.

(3) Approving in substantially final form the Bonds, Indentures, Loan Agreements, Regulatory Agreement and Declaration of Restrictive Covenants, Bond Purchase Agreement, Preliminary Official Statements and Intercreditor Agreement.

(4) Authorizing the Acting Director of Finance and Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

(5) Approving an exception to the City’s Investment Policy to allow the proceeds of the Bonds and loan repayments to be invested in one or more investment agreements with an institution(s) whose participation in the financing will not adversely affect the expected rating on the Bonds, as approved by the Acting Director of Finance.

(6) Authorizing the City Attorney to enter into an agreement with Orrick, Herrington & Sutcliffe LLP for bond counsel services in the amount of $75,000 plus expenses.

(Finance/Housing)

Documents filed: (1) Memorandum from Acting Director of Finance, Mark Burton, and Director of Housing, Alex Sanchez, dated October 25, 2000, recommending Council adopt said resolution pertaining to the El Parador Apartments project. (2) Supplemental memorandum from Acting Director of Finance, Mark Burton, dated November 7, 2000, providing the Preliminary Official Statements for the City of San José Multifamily Housing Revenue Bonds for the El Parador Senior Housing Apartments project.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, Resolution No. 70007, entitled: “A Resolution of the Council of the City of San José, California, Authorizing the Issuance, Sale and Delivery of Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not to Exceed $11,715,000 for the Purpose of Making a Loan to Provide Financing for a Multifamily Rental Housing Project Known as El Parador Apartments, Determining and Prescribing Certain Matters Relating Thereto, and Approving and Authorizing Related Actions and the Execution and Delivery of Related Documents”, was adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

9d Public Hearing and adoption of a resolution approving a Disposition and Development Agreement (DDA) with Concern for the Poor, Inc., or its designated affiliate, including business terms for a conditional grant of up to $5,832,500 and bridge loan of up to $5,232,500 for the acquisition of 2.2 acres of City-owned property and the construction and permanent financing of 51 units of transitional rental housing for extremely low-income families at the southeast corner of Las Plumas Avenue and Nipper Avenue. CEQA: ND. (Housing)

Documents filed: None.

Discussion/Action: This item was deferred to December 12, 2000.

9e Adoption of resolutions by the City Council and Redevelopment Agency Board:

(1) Approving the transfer of the Redevelopment Agency-owned property located at 937-943 Locust Street to the Housing Department to provide transitional housing for fire victims and others displaced through no fault of their own;

(2) Authorizing the expenditure of up to $500,000 in 20% Low and Moderate Income Housing Funds to make necessary repairs to the SRO building;

(3) Authorizing the City Manager to select a provider to own and manage the property and to negotiate the terms of occupancy; and

(4) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San Jose.

(Fire/Housing)

(Deferred from 11/7/00 – Item 9c)

(Renumbered to Item 11c)

Documents filed: None.

Discussion/Action: This item was renumbered to Item 11c, and deferred to November 21, 2000.

9f Acceptance of the follow-up report for the 2002 Recycle Plus Program, which forecasts that existing garbage rates can be maintained until FY 2005-06 with the service enhancements contained in the proposals previously approved by Council, and report on labor peace issues related to the Request for Proposals. (Environmental Services)

(Deferred from 10/31/00 – Item 9d and 11/7/00 – Item 9i)

Documents filed: None.

Discussion/Action: This item was deferred to November 28, 2000.

9g Adoption of a resolution:

(1) Approving a $1,000,000 grant to Neighborhood Housing Services Silicon Valley to establish a revolving loan fund that will 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 grant 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 advances of grant funds resulting in an amount 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)

(Deferred from 10/24/00 – Item 9d et al., and 11/7/00 – Item 9j)

Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated November 9, 2000, recommending Council approve said agreements with the Neighborhood Housing Services Silicon Valley (NHSSV) for the Mayfair Neighborhood Acquisition/Rehabilitation Pilot Program.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 70008, entitled: “A Resolution of the Council of the City of San José (I) Approving a $1,000,000 Grant to Neighborhood Housing Services Silicon Valley to Assist in the Acquisition, Rehabilitation and Resale of Properties in Connection with the Mayfair Neighborhood Pilot Program, (II) Approving Business Terms for Converting up to $1,000,000 of the Loan to NHSSV to Finance Second Mortgages for Qualified Moderate-Income Households, (III) 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, (IV) Authorizing the Director of Housing to Approve Loans Resulting in a Combined Loan to Value Ratio of Up to 120% of After Rehabilitation Value, (V) Authorizing, as an Exception to Current Policy, Incomes of Up to 120% of ARA Median Income, by Household Size, as Qualifying for Home-Purchase Assistance in Conjunction with the Pilot Program, (VI), 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 Pilot Program are a Benefit to Redevelopment Project Areas in San José and, (VII) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents on Behalf of the City”, was adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

9h (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 issue 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.

(Planning, Building and Code Enforcement)

(Deferred from 10/24/00 – Item 9f et al., and 11/7/00 – Item 9k)

Documents filed: (1) Memorandum from Mayor Gonzales, Vice Mayor Fiscalini, and Council Members Powers and Chavez, dated November 13, 2000, recommending Council accept the consultant’s final report entitled, City of San José, California, Tow Company Rate Study, dated May 24, 2000, and Staff recommendations, with the following additions: (a) Increase Tow Storage Fee $3.00 per day immediately, and an additional $4.00 per day when a contract extension is signed in 2001; and (b) Refer City Staff’s recommendations for a new Request for Proposal to the appropriate committee for further Council review before developing a new town contract RFP. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 25, 2000, recommending Council approve the consultant’s recommendations contained in the final report, City of San José, California, Tow Company Rate Study, dated May 24, 2000, and direct staff to include the consultant’s’ recommendations in a Request for Proposal (RFP) incorporating the following: revision of two zones; revised rate structure including a proportionate model based on a fixed return to the City and the City’s revenue requirements; and an updated survey of comparable cities’ rates and services provided; and bringing the RFP back to the City Council in 2001. (3) Report entitled, City of San José, California, Tow Company Rate Study, Revised Final Report, dated May 24, 2000, prepared by DMG Maximus, Inc.

Discussion/Action: James B. Derryberry, Director of Planning, Building and Code Enforcement, stated a substantial body of work has been completed on this assignment, and introduced Steve Emslie, Deputy Director, Code Enforcement, to present the final report. In opening comments, Deputy Director Emslie stated when the tow contracts were before Council in November, 1999, Staff was directed to prepare an analysis of the rates and the financial condition of each of the tow companies providing service to the City of San José. He stated DMG Maximus was commissioned to do the study and have prepared their final report, that the Staff report is based on those findings, and he introduced Brian Foster of DMG Maximus to present the results of their report. Brian Foster provided an overview of San José’s current vehicle towing model, the history of vehicle towing in San José, and how it evolved into the current contract and towing rates. He stated the City’s towing zone model employs six different zones throughout the City, which are exclusive to each of the six towing operators in the sense that a tow generated in one area must be performed by that particular towing company. Recapping the history of towing in San José, he stated the Housing and Community Services Committee in October, 1995, directed a study of alternative towing structures and after considering various models of centralized and decentralized options, selected the decentralized model with six zoned operators at privately owned lots and requested the City Auditor to conduct a review of the tow operators. He stated current contracts with the tow companies were executed in April, 1996, as three-year agreements with four 1-year contract renewal options, which if fully extended, would take the contracts through March 31, 2003. He stated San José’s current towing rate of $90 and basic storage rate of $25 for standard vehicles are higher than the median and large vehicle tows which comprise a small portion of the business, are among the highest of the cities surveyed. He stated the study found that the six tow company operators are generating small profits and executive salaries and compensation packages are higher than average, and concludes that return to owners, including profits, retained earnings and executive salaries, are reasonable. He stated DMG Maximus recommends not increasing the rate for storage fees as requested by the tow operators for reasons that the operators are contractually bound by the current agreement through 2003, rates are in the top tiers among those surveyed, the standard towing fees were increased in November, 1999, and the public is paying more and the companies are generating total compensation higher than industry norms. He stated DMG Maximus recommends decoupling from the revenue stream only the towing fees, which the City can control, as opposed to the storage fee, and relinquishing all storage and scrap revenue to the tow company operators—this would match the revenue to the activity which the City can control. According to that recommendation, the City would increase its $15 per vehicle towing fee to $46, leaving $44 for the operators and the tow company would retain all storage, lien sale and scrap revenues, which would provide greater incentive for the tow companies to maximize revenues from vehicle sales. He stated the report found there was business and revenue disparity among the various operators with respect to their zoned areas, and City Staff is recommending tow zones be revised reflective of that fact, adopt a proportionate rate model based on a fixed return to the City and the City’s revenue requirements, update the rate and services survey to ensure the City is still in line with the rest of cities in the area, and bring a new services Request for Proposal to Council in 2002 for tow operations. Member LeZotte stated concerns that decoupling the tow rates and relinquishing the City control over storage rates would diminish the City’s ability to ensure customer satisfaction. Mr. Foster stated the City could continue to regulate storage rates even if not sharing in those revenues. Jim Alves, Owner and General Manager, Delta Towing, and Ken Carvalho, President, City Tow, Inc., spoke in support of an increase in the storage rates. Vice Mayor Fiscalini stated he takes issue with the report’s discounting property values in light of the area’s high property values and stated he would prefer the City not become involved in the profits of private enterprise. Council Member Powers stated the tow operators’ request for increased storage fees is legitimate and moved to accept the report and increase storage fees $3.00 per day immediately, with an additional $4.00 per day when contract extension are signed in 2001, as recommended in the November 13, 2000, memorandum she co-authored with Mayor Gonzales, Vice Mayor Fiscalini, and Council Member Chavez. Council Member Dando seconded the motion. Council Member LeZotte stated she will support the motion because there has not been a storage fee increase for several years and there could be increased land costs. However, she stated the alleged lack of profit margin does not concern her and should not be the rationale for increasing rates because small businesses usually take profits out of the company in the form of compensation and bonuses, which appears to be the case with these companies, and noted it is important to realize the small profit margins are for that reason likely to be highly deflated. City Attorney Richard Doyle stated if the proposed rate increases are approved, Staff will bring the resolution and contract amendments back to Council by November 28, 2000. Director Derryberry asked if Council has direction for Staff on the first two Staff recommendations pertaining to revising tow zones and adopting a proportionate model rate structure. Council Member Powers stated rather than Council deciding on those issues today, they should be part of the Committee discussion on what should be in the RFP and whether changes should be made. On a call for the question, the motion carried unanimously, Council accepted the consultant’s final report and the Staff recommendations, with the additions dated November 13, 2000, by Mayor Gonzales, Vice Mayor Fiscalini, Council Member Powers and Council Member Chavez, to: (1) Increase Tow Storage Fee $3.00 per day immediately, and an additional $4.00 per day when a contract extension is signed in 2001; and (2) Refer Staff’s recommendations for a new RFP to the appropriate committee for further Council review before developing a new tow contract RFP. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

9i (1) Adoption of a resolution authorizing the City Manager to:

(a) Negotiate and execute an agreement with Suncoast Scientific Incorporated, in an amount not to exceed $289,614, for customer service software and implementation services for the Call Center, for the term of November 2000 through September 30, 2001; and,

(b) Execute change orders to the agreement in an amount not to exceed $60,000.

(2) Adoption of the following appropriation ordinance amendments in the General Fund:

(a) Increase the Customer Service Call Center appropriation by $220,000;

(b) Decrease the General Fund Contingency Reserve appropriation by $220,000.

(City Manager’s Office)

(Deferred from 11/7/00 – Item 9m)

Documents filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated November 9, 2000, recommending Council adopt a resolution authorizing the City Manager to negotiate and execute said agreement and change orders with Suncoast Scientific Incorporated and adopt related appropriation ordinance amendments.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 70009, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Suncoast Scientific Incorporated for Customer Service Software and Implementation Services for the Call Center”, and Ordinance No. 26231, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $289,614, for Customer Service Software and Implementation Services for the Customer Service Call Center; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

9j Approval of the Lincoln Glen Park Master Plan Amendment. CEQA: Exempt. (Public Works/Parks, Recreation and Neighborhood Services)

(Rules Committee referral 11/8/00)

Documents filed: (1) Memorandum from Director of Parks, Recreation and Neighbor-hood Services, Mark Linder, and Deputy Director of Public Works, Rajeev Batra, dated November 7, 2000, recommending Council approve the Lincoln Glen Park Master Plan amendment. (2) Letter from the Parks & Recreation Commission, dated November 1, 2000, stating the Commission voted to approve the amendment to the Lincoln Glen Park Master Plan, which will allow construction of the Play-for-All project, with the caveat that the Commission’s concerns regarding the impact of the project on future expansion of the Senior Center be brought to the Council’s attention.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Lincoln Glen Park Master Plan Amendment was approved. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

9k Appointment of Council Member-Elect Chuck Reed to serve as Council Member in District 4, for the term expiring December 31, 2000. (Mayor)

(Rules Committee referral 11/8/00)

Documents filed: Memorandum from Mayor Gonzales, dated November 13, 2000, recommending Council appoint Council Member-Elect Chuck Reed to serve as Council Member in District 4 for the unexpired term ending December 31, 2000.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Council Member-Elect Chuck Reed was appointed Council Member, District 4, to serve an unexpired term ending December 31, 2000. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

9l Adoption of a resolution calling for a Special Municipal Election to fill a vacancy in Council District 5 for the term expiring December 31, 2002. (Mayor)

(Rules Committee referral 11/8/00)

Documents filed: None.

Discussion/Action: This item was deferred to November 21, 2000.

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS

The Council of the City of San José convened the San José Redevelopment Agency Board at 2:30 p.m. to consider items 11a, 11b, and 11c in a Joint Session

11a (1) Acceptance of the Industrial Development Study report of Chabin Concepts, Inc., analyzing the economic impacts from the loss of heavy and light industrial property.

(2) Direction to staff to develop recommendations that strengthen San José’s remaining heavy and light industrial land and bring them forward in the FY 2001-2002 General Plan Process.

(City Manager’s Office/Redevelopment Agency)

Documents filed: (1) Memorandum from City Manager Del D. Borgsdorf and Redevelopment Agency Executive Director Susan F. Shick, dated October 25, 2000, recommending Council accept the Industrial Development Study report of Chabin Concepts, Inc., and direct Staff to develop recommendations to strengthen San José remaining heavy and light industrial land as part of the FY 2001-2002 General Plan process. (2) Hard copy of the slide presentation given by Leslie S. Parks, Director of Economic Development.

Discussion/Action: In making the Staff presentation, Director of Economic Development, Leslie S. Parks, used slides to present a report prepared by the Office of Economic Development, the Redevelopment Agency, and Planning, Building and Code Enforcement which highlights the findings of the Chabin Concepts report entitled: Maintaining a Strong Economic Base: Analysis of High-Tech Trends, Projections, Primary Industries and Supplier Linkage in the City of San José. She described the factors that make Silicon Valley work, i.e., the synergy between suppliers and end users, infrastructure and time to market issues, and explored what constitutes an industrial supplier and who are their customers. Commenting on the concentrations of land designated for industrial use within the City, she stated suppliers face the challenge of increased competition and dwindling vacant sites and available space, and stated the study explored the relationship between supplier industries and the base high-tech economy and impacts to them of the continued loss of heavy and light industrial land. In light of the study’s findings that since 1980 there has been a 32% loss of available land, that not enough land remains to meet demand growth because over the next ten years an estimated 289 acres will be required, whereas only 170 vacant acres remain. She commented on the findings pertaining to reductions of low and medium skilled job opportunities, average annual wages top in job producing categories, and stated the study found that high tech companies indicated proximity to supplier companies is critical to their business, and noted the study warns about the negative impact of residential or commercial uses encroaching into industrial areas. Vice Mayor Fiscalini moved approval of the Staff recommendation. Council Member Powers seconded the motion. Council Member Chavez stated she would be interested in seeing a policy roadmap which Council could approve and, while not suggesting a policy be developed, suggested that a report first go to a Council Study Session and through an appropriate Council Committee review process before this issue comes back to Council in the form of a General plan amendment. On a call for the question, the motion carried unanimously, the Staff recommendation dated October 25, 2000, to accept the Industrial Development Study report of Chabin Concepts, Inc., was approved, and Staff was directed to develop recommendations that strengthen San José’s remaining heavy and light industrial land, and to report the issue back to a City Council Study Session and an appropriate Council Committee prior to bringing them forward in the FY 2001-2002 General Plan Process. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

11b (1) Adoption of a resolution by the Agency Board:

(a) Authorizing the sale of the Redevelopment Agency of the City of San Jose Merged Area Redevelopment Project Housing Set-Aside Taxable Tax Allocation Bonds, Series 2000F in the aggregate principal amount not to exceed $49,000,000, (the “Bonds”), at an interest rate not to exceed 9.5%;

(b) Approving in substantially final form and authorizing the Executive Director, or her designee, to execute the Fifth Supplemental Agreement with U.S. Bank, as successor Fiscal Agent; Continuing Disclosure Agreement with the Fiscal Agent;

(c) Approving the form of and authorizing the distribution of the Preliminary Official Statement, Official Notice of Sale and Bid Form, and authorizing the Executive Director or her designee to execute and deliver the Official Statement;

(d) Authorizing the Executive Director and the Director of Finance and Administration to take all necessary actions in connection with the issuance of the Bonds.

(2) Adoption of a resolution by the City Council:

(a) Approving the issuance of the Bonds by the Redevelopment Agency; making a finding pursuant to Redevelopment law that the Merged Area will benefit from the projects funded by the Bonds that are located outside of the Merged Area;

(b) Authorizing certain City officials to take all necessary actions in connection with issuance of the Bonds, which include the hiring of bond counsel and financial advisor.

(City Manager’s Office/Redevelopment Agency)

(Rules Committee referral 11/8/00)

Documents filed: Memorandum from City Manager Del D. Borgsdorf and Redevelopment Agency Executive Director Susan F. Shick, dated November 7, 2000, recommending adoption of said resolutions by the San José Redevelopment Agency Board and City Council.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 70010, entitled: “Resolution of the Council of the City of San José Approving Issuance by the Redevelopment Agency of the City of San José of its Merged Area Redevelopment Project Housing Set-Aside Taxable Tax Allocation Bonds, Series 2000F in an Aggregate Principal Amount Not to Exceed $49,000,000”, and Redevelopment Agency Resolution No. 5041, were adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

11c Adoption of resolutions by the City Council and Redevelopment Agency Board:

(2) Authorizing the expenditure of up to $500,000 in 20% Low and Moderate Income Housing Funds to make necessary repairs to the SRO building;

(3) Authorizing the City Manager to select a provider to own and manage the property and to negotiate the terms of occupancy; and

(4) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San Jose.

(Fire/Housing)

(Deferred from 11/7/00 – Item 9c)

(Renumbered from 9e)

Documents filed: None.

Discussion/Action: This item was deferred to November 21, 2000, at the request of Council Member Chavez.

The San José Redevelopment Agency Board was adjourned at 2:54 p.m.

ORAL COMMUNICATIONS

Susie Wilson presented information on a holiday program at Vasona Park called Fantasy of Lights, which will run from November 23 through January 1, from 6-10 p.m.

RECESS/RECONVENE

The City Council recessed at 2:54 p.m. and reconvened at 7:03 p.m., in the Council Chambers, City Hall.

Present: Council Members - Chavez, Dando, Diquisto, Fiscalini, LeZotte, Powers, Reed, Shirakawa, Jr., Woody; Gonzales.

Newly-appointed Council Member-Elect Chuck Reed, District 4, attended the evening session of Council.

Absent: Council Members - Diaz (excused).

City Clerk Patricia L. O’Hearn read the requests for continuances of applications and other actions as recommended. Upon motion by Council Member Powers, seconded by Council Member Chavez, and unanimously carried, the below noted continuances were granted.

PUBLIC HEARINGS

15a PUBLIC HEARING and approval of an ordinance to comprehensively rewrite and update Title 20, the Zoning Code. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1). (Planning, Building, and Code Enforcement)

(Continued from 10/17/00 – Item 15a)

Documents filed: None.

Discussion/Action: This item was continued to November 28, 2000, in the afternoon.

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 et al., and 10/17/00 – Item 15b)

Documents filed: None.

Discussion/Action: This item was continued to November 21, 2000.

15c PUBLIC HEARING ON CONDITIONAL USE PERMIT 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 building occupancy to 868 people. (Crossroads Bible Church, Owner/Developer). CEQA: Negative Declaration.

CP 98-12-062 - District 6

Documents filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 25, 2000, recommending Council approve the above-referenced Conditional Use Permit for an addition to the existing Crossroads Bible Church facility without the condition added by the Planning Commission restricting occupancy of the facility and include in its resolution the findings and conditions contained in the resolution attached thereto. (2) Declaration of Mailing of a Notice of Public Hearing, dated October 30, 2000, submitted by the Director of Planning.

Discussion/Action: Planning Director James Derryberry stated this situation is unusual in that there is an appeal on the approval of this use permit by the Planning Commission related to a specific condition which was added by the Planning Commission and which is not supported by Staff. Therefore, Staff is recommending Council uphold the appeal by the appellant to have the Conditional Use Permit approved without the condition limiting building occupancy to 868 people. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr., and unanimously approved, the appeal was upheld and the Staff recommendation for the proposed Conditional Use Permit on CP 98-12-062 was approved, and Resolution No. 70012, entitled: “Resolution of the City Council of the City of San José Granting, Subject to Conditions, a Conditional Use permit to Use Certain Real Property Described Herein for the Purpose of Allowing an Addition of 48,910 Square-Feet to the Existing Crossroads Bible Church Facility”, was adopted. Vote: 10-0-1-0-0. Absent: Diaz.

15d PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest side of Capitol Expressway and Quimby Road, from C-3 Zoning District to A(PD) Planned Development Zoning District, to allow a 40,184 square foot combined industrial/commercial building on 2.98 gross acres. (Lion Venture Group, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1).

PDC 00-06-053 - District 8

Documents filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 31, 2000, transmitting the Staff Report of the Department of Planning, Building and Code Enforcement, dated October 27, 2000, recommending approval of the Planned Development Rezoning of PDC-00-06-053 to A(PD) Planned Development Zoning District. (2) Memorandum from James R. Derryberry, Secretary to the San José Planning Commission, dated November 3, 2000, advising that the Planning Commission voted 7-0-1 to recommend approval of the proposed rezoning. (3) Notice of Public Hearing on PDC-00-06-053, dated October 2, 2000, and Proof of Publication executed on October 20, 2000, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member LeZotte, and unanimously carried, Ordinance No. 26232, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of Capitol Expressway, 150 Feet Northerly of Quimby Road”, was passed for publication. Vote: 10-0-1-0-0. Absent: Diaz.

15e PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of South Third Street, 50 feet northerly of East William Street (480 South Third Street), from R-4 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 20 multi-family attached dwelling units on 0.24 gross acres. (480 South Third Street Partners, Owner/Developer). CEQA: Resolution No. 68839.

PDC 00-05-045 - District 3

Documents filed: None.

Discussion/Action: This item was continued to November 21, 2000.

15f PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of North Fourth and East Washington Streets, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow two duplexes and two single-family dwellings on 0.50 gross acres. Four historic structures displaced by the Civic Center Project are proposed for relocation to this site, two proposed for use as duplexes, two as single-family dwellings. The four structures are currently located at 26-28, 36-38, 44, and 47 South Fifth Street, respectively. (Redevelopment Agency of the City of San José, Owner/Developer). CEQA: Resolution No. 68905. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1).

PDC 00-09-090 - District 3

Documents filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 31, 2000, transmitting the Planning Staff’s Report, dated October 26, 2000, recommending approval of the Planned Development Rezoning of PDC-00-09-090 to A(PD) Planned Development Zoning District. (2) Memorandum from James R. Derryberry, Secretary to the San José Planning Commission, dated November 3, 2000, advising that the Planning Commission voted 6-0-1 to recommend approval of the proposed rezoning. (3) Notice of Public Hearing on PDC-00-09-090, dated October 13, 2000, and Proof of Publication executed on October 20, 2000, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr., and unanimously carried, Ordinance No. 26233, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southeast Corner of North Fourth and East Washington Streets”, was passed for publication. Vote: 10-0-1-0-0. Absent: Diaz.

15g PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Las Plumas and Nipper Avenues, from M-1 Manufacturing to A(PD) Planned Development Zoning District, to allow 51 multiple family attached transitional housing units and associated office, services, and childcare facilities, and a job training center in an existing warehouse on 6 gross acres. (Santa Clara County Housing Authority/Developer; City of San José/Owner). CEQA: Negative Declaration.

PDC 00-08-066 - District 5

Documents filed: None.

Discussion/Action: This item was continued to November 21, 2000.

15h PUBLIC HEARING ON CONVENTIONAL 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, Owner; Cha Cha Enterprises, Developer). CEQA: Resolution No. 62615. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (4-2-1).

C 00-08-073 - District 5

Documents filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 31, 2000, transmitting the Planning Staff’s Report, dated October 26, 2000, recommending approval of the Planned Development Rezoning of C-00-08-073 to C-2 Commercial Zoning District. (2) Memorandum from James R. Derryberry, Secretary to the San José Planning Commission, dated November 3, 2000, advising that the Planning Commission voted 4-2-1 to recommend approval of the proposed rezoning. (3) Notice of Public Hearing on C-00-08-073, dated October 13, 2000, Declaration of Mailing dated October 16, 2000, submitted by the Planning Director, and Proof of Publication executed on October 20, 2000, submitted by the City Clerk.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Ordinance No. 26234, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on North Side of Story Road, Approximately 200 Feet Easterly of South King Road”, was passed for publication. Vote: 10-0-1-0-0. Absent: Diaz.

ADJOURNMENT

The Council of the City of San José adjourned at 7:08 p.m. in memory of Adelina Rebolledo, a member of the Disability Advisory Commission.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK