MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
NOVEMBER 21, 2000
The Council of the City of San Jose convened in Regular Session at 9:00 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Reed, Woody; Gonzales
Absent: Council Members: Shirakawa, Jr. (excused)
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:10 a.m. in Room 600 to (A) confer with real property designated representatives Tim Steele and Darrell Dearborn for the City of San José and Dave Kruska for Pacific Gas & Electric Company, pursuant to Government Code Section 54956.8 to negotiate a lease, sale and/or use agreements of all or part of APN 015-31-045, approximately 119 acres of property located at Eastside Zanker Road, North of SR 237; to (B) confer with Legal Counsel with respect to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the cases of Teffera v. City of San José, et al.; City of San José v. American G.I. Forum; and ElAfifi, et al. v. City of San José, et al.; and (C) for the purpose of conducting Public Employee Performance Evaluation, Independent Police Auditor and the City Attorney, pursuant to Government Code Section 54957.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Reed, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: None.
The Almaden Country School “ZOOM” Choir comprised of 5th through 8th grade students, under the direction of their teacher Julia Hatch, performed two selections entitled “In December” and “Light One Candle”. (District 10)
Mayor Gonzales led in the Pledge of Allegiance.
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)
(Deferred
from 11/14/00 – Item 5a)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales and Council Member Diaz at the Podium were Team Coaches Mario Gonzales, Gabby Toruno, Agustin Arreola, and Jacob Manai, with some of the team members. Mayor Gonzales presented the commendation to the First and Second Division Winners – under 10, under 12, and under 19 years of age competitions - and congratulated the team on its achievements. The parents and friends of the Team members were asked to stand and be recognized.
5b Presentation of a commendation to
Mervyn’s California for their Community Closet Program, which assists women who
are on welfare and entering the workforce by providing clothing. (Dando)
(Rules
Committee referral 11/15/00)
Documents Filed: None.
Discussion/Action: Joined by Mayor Gonzales at the Podium, Council Member Dando invited Janet Reilly, Public Administrative Manager of Mervyn’s California, Hugh Barnett, President and CEO of Goodwill Industries, and three of the 64 clients who participated in the shopping spree at the traveling clothing showroom – “Mobile Shopping Van” – stationed at Cesar Chavez Park on September 28-29, 2000. She expressed appreciation to Mervyn’s and the Goodwill of Santa Clara County’s Institute for Career Development, San José-Evergreen Community College District Workforce Initiative Network, and the Career Program Centers for West Valley Mission Community College and their District Network Program for Great Success, for their innovative contributions aimed at helping women make the transition into the workforce from Welfare or through educational programs. Mayor Gonzales presented the commendation to Ms. Reilly, who presented to the Mayor and Council Member Dando a replica of the 72-foot traveling van, and thanked the City of San José for its cooperation in making it possible for Mervyn’s California to secure the necessary permits and licenses to operate the showroom in the City.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 11-0-0-0.
Ordinances for
Final Adoption
6b(1) ORD. NO. 26196 – Adopts the
Neighborhood Business Clusters Redevelopment Plan and makes certain findings.
[Deferred from 9/19/00 – Item 6b(4)
et al., and 10/24/00 – Item 6b(1)]
Documents Filed: None.
Discussion/Action: This item was deferred to December 12, 2000.
6b(2) ORD. NO. 26197 – Amends the
Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San
Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan,
the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the
Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan,
the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan,
the East Santa Clara Street Redevelopment Plan, the Almaden Gateway
Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda
Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the
Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the
Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the
Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment
Project Areas and making certain findings.
[Deferred from 9/19/00 – Item 6b(5) et al., and 10/24/00 – Item 6b(2)]
Documents Filed: None.
Discussion/Action: This item was deferred to December 12, 2000.
Contracts/Agreements
6e(1) Approval
of a new lease agreement with American Airlines for hangar office and floor
space at 1277 Airport Boulevard, on a month-to-month term, from September 1,
1999 to August 31, 2004, with an annual rental revenue to the City in the
amount of $17,430. CEQA: Resolution No. 67380.
(Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 3, 2000, recommending Council approve said lease agreement.
Discussion/Action: The new lease agreement with American Airlines was approved and execution of the agreement authorized. Vote: 11-0-0-0.
6e(2) Approval
of a third amendment to the agreement with CDI Communication Consultants to
extend the term of the consultant agreement for preparation of the San José
International Airport's Information Technology Master Plan, from September 1,
2000 to January 31, 2001, at no additional cost to the City. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 30, 2000, recommending Council approve the third amendment to said agreement.
Discussion/Action: The third amendment to the consultant services agreement with CDI Communication Consultants was approved and execution of the amendment authorized. Vote: 11-0-0-0.
6e(3) Approval of an agreement with Across the
Bridge Foundation, Inc., for no interest gap financing for the operation of
Downtown College Preparatory Charter High School during FY 2000-01, in an
amount not to exceed $150,000.
(City
Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated October 30, 2000, recommending Council approve a line of credit agreement with Across the Bridge Foundation, Inc.
Discussion/Action: The agreement with Across the Bridge Foundation, Inc., was approved and execution of the agreement authorized. Vote: 11-0-0-0.
6e(4) Approval
of amendments to agreements for commercial food waste composting services with
the following contractors to extend the term to December 31, 2002, at no
additional cost to the City:
(a) Browning-Ferris
Industries, of California, Inc.
(b) Zanker
Road Resource Management, Ltd.
CEQA: Exempt. (Environmental Services)
Documents Filed: None.
Discussion/Action: This item was deferred to November 28, 2000.
6e(5) Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 2000-2001 #19, 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 30, 2000, recommending Council accept the report and 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. 19 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(6) Approval
of a continuation agreement with Palo Alto Medical Foundation for occupational
physician services and consultation in occupational medicine, in an amount not
to exceed $85,000, for the period July 1, 2000 to December 31, 2000. (Human
Resources)
Documents Filed: Memorandum from Director of Human Resources, Nona Tobin, dated October 30, 2000, recommending Council approve said continuation agreement.
Discussion/Action: The continuation agreement with Palo Alto Medical Foundation was approved and execution of the agreement authorized. Vote: 11-0-0-0.
6e(7) Approval
of an agreement with Asian Americans for Community Involvement for joint grant
partnership work on the Department of Justice, Community Oriented Policing
Services grant, for the period July 17, 2000 to June 30, 2001, at a cost not to
exceed $71,628. (Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated October 30, 2000, recommending Council approve said agreement.
Discussion/Action: The agreement with Asian Americans For Community Involvement (ACCI) was approved and execution of the agreement authorized. Vote: 11-0-0-0.
6e(8) Approval
of a 30-year lease agreement with San José Conservation Corps for the lease of
City owned property located at 2650-A Senter Road, for a monthly rent of $1
conditioned upon the Corps continued provision of community service.
(Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred to November 28, 2000.
Routine
Legislation
6f(1) Adoption
of appropriation ordinance and funding sources resolution amendments in the
Construction Excise Tax Fund for the Bailey Avenue/Highway 101 Interchange
project, with a net impact to the fund of $50,000.
(City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated October 30, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund.
Discussion/Action: Ordinance No. 26235, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Construction Excise Tax Fund in the Amount of $50,000 for the Cisco-Bailey Avenue/Highway 101 Interchange Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70013, 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 Construction Excise Tax Fund”, were adopted. Vote: 11-0-0-0.
6f(2) Adoption
of appropriation ordinance and funding sources resolution amendments in the
HOME Investment Partnership Program fund to amend and correct Ordinance No.
26220 and Resolution No. 69955 adopted by City Council on October 24, 2000
through Item 9k(3).
(City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated November 2, 2000, recommending Council adopt said funding sources resolution amendments and appropriation ordinance amendments in the HOME Investment Partnership Program Fund.
Discussion/Action: Ordinance No. 26236, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Home Investment Partnership Program Fund in the Amount of $1,222,589 to Amend and Correct Ordinance No. 26220 Adopted by City Council on October 24, 2000 as Item 9k(3); and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption; and Resolution No. 70014, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the Home Investment Partnership Program Fund and to Amend and Correct Resolution No. 69955 Adopted by City Council on October 24, 2000 as Item 9k(3)”, were adopted. Vote: 11-0-0-0.
6f(3) Adoption
of a resolution summarily vacating a portion of a public utility easement lying
within Lot 113 of Tract 1145, at 1551 Edgewood Way. (Public Works)
Documents Filed: Memorandum from Deputy Director of Public Works, Rajeev Batra, dated October 30, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70015, entitled: “Resolution of the Council of the City of San José Summarily Vacating a Portion of an Existing Public Utility Easement Lying Within Lot 113 of Tract No. 1145”, was adopted. Vote: 11-0-0-0.
6f(4) Adoption
of a resolution authorizing the reorganization of territory designated as
Evergreen No. 186, which involves the annexation to the City of San José of
5.26 acres of land, located on the northeast corner of Murillo Avenue and Ruby
Avenue, and the detachment of the same from the Central Fire Protection
District and the Santa Clara County Library Services Area. CEQA: Negative
Declaration. (Planning, Building, and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated November 2, 2000, stating that before approving the reorganization proposal, the City Council is required to make the following findings: [a] That the unincorporated territory is within the City’s Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO); [b] That the County Surveyor has determined the boundaries of the proposal to be definite and certain and in compliance with the LAFCO Annexation Policies; [c] That the proposal does not split lines of assessment or ownership; [d] That the proposal does not create islands or areas in which it would be difficult to provide municipal services; [e] That the proposal is consistent with the City’s adopted General Plan; [f] That the territory is contiguous to existing City limits; and [g] That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area.
Discussion/Action: Resolution No. 70016, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Evergreen No. 186 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0.
6f(5) Approval of an amendment to the agreement
with Macias, Gini and Company LLP for additional audit services assistance in
the conversion of the Federated and Police and Fire Retirement System Annual
Financial Statement Audit into a Comprehensive Annual Financial Report (CAFR)
format for a fee not to exceed $17,120, increasing the total contract amount
for the annual financial audit related to fiscal year ending June 30, 2000 from
$392,042 to $409,162.
(City
Auditor)
(Rules
Committee referral 11/15/00)
Documents Filed: Memorandum from City Auditor, Gerald A. Silva, dated November 14, 2000, recommending Council approve the amendment to said audit services agreement.
Discussion/Action: The amendment to the agreement with Macias, Gini and Company LLP, was approved and execution of the amendment authorized. Vote: 11-0-0-0.
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee – November
8, 2000
Documents Filed: Rules Committee Report of November 8, 2000.
(1) Review November 21, 2000 Draft Agenda
The Committee approved the November 21, 2000 City Council Agenda with one change.
(2) Add New Items to November 14, 2000 Amended Agenda
The Committee recommended five additions to the November 14, 2000 City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated November 2, 2000, listing the items transmitted to the Administration and the items filed for the Public Record for the period October 25-31, 2000.
The Committee noted and filed the Public Record for the period October 25-31, 2000.
(5) Request to use Council General Funds by Council Member Woody to attend the National League of Cities’ Congress of Cities and Exposition, December 5-10, 2000, in Boston, Massachusetts. Attachments: (1) Memorandum from Council Member Woody, dated September 5, 2000, submitting authorization for use of Council General fund to travel to Boston, MA, for the purpose of attending said conference. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated November 2, 2000, complying with Council Policy 9-5 regarding requests to use Council General Funds.
The Committee approved the use of Council General funds by Council Member Woody to attend the National League of Cities’ Congress of Cities and Expansion in Boston, Massachusetts, on December 4-10, 2000.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(a) Request for City Auditor Services to review the repayment terms and conditions of Development Agreements. Attachment: Memorandum from Mayor Gonzales, dated November 7, 2000, recommending the Rules Committee refer the request to the Finance and Technology Committee.
The Committee referred Mayor Gonzales’ request for City Auditor services to review repayment terms and conditions of development agreements to the Finance and Technology Committee.
(7) Oral communications
None Presented.
(8) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Rules Committee Report and actions of November 8, 2000 were accepted. Vote: 11-0-0-0.
7c Report of the Finance and Technology
Committee – November 8, 2000
Documents Filed: Finance and Technology Committee Report of November 8, 2000.
(1) Consent Items. Attachments: (1) Memorandum from Acting Director of Finance, Mark Burton, dated October 24, 2000, transmitting the September 2000 Investment Report. (2) Letter from City Auditor, Gerald A. Silva, dated October 31, 2000, transmitting the written report of the Office of the City Auditor’s activities for September 15, 2000 through October 15, 2000 and schedule of audit costs for September 2000. (3) Memorandum from Budget Director, Larry D. Lisenbee, dated October 26, 2000, transmitting the Monthly Financial Report for September 2000, jointly prepared by the City Manager’s Budget Office and the Finance Department. (4) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 11, 2000, reporting on Unfunded Capital project staff costs for the period July 1, 2000 through September 30, 2000. (5) Memorandum from Director of Public Works Ralph A. Qualls, Jr., Director of Conventions, Arts and Entertainment Nancy Johnson, and Director of Parks, Recreation and Neighborhood Services Mark Linder, dated October 11, 2000, submitting the second progress report regarding the timely delivery of Parks construction projects.
(a) Monthly Investment Report for September 2000
(b) September Monthly Report
(c) Monthly Financial Report for September 2000
(d) Unfunded Projects Appropriation Report as of September 30, 2000
(e) Parks Project Delivery
The Committee recommended approval of the Consent Items.
(2) Report on Parking Garage at 4th and San Fernando Street. Attachment: Memorandum from Acting Director of Finance Mark Burton, Director of Redevelopment Agency Finance David Baum, and Director of Streets and Traffic Wayne K. Tanda, dated October 17, 2000, recommending authorization for staff to imple-ment a plan of finance for the 4th and San Fernando Street Parking Garage whereby the City of San José Financing Authority would issue revenue bonds to finance the acquisition and construction of the Garage and certain other parking-related improvements and would secure those bonds with a pledge of (a) parking revenues from the City’s parking system and (b) payments by the Redevelopment Agency equal to annual debt service on the Bonds.
The Committee recommended acceptance of the report.
(3) Report on Hayes Mansion Phase III. Attachment: Memorandum from Senior Deputy City Manager Darrell Dearborn, dated October 23, 2000, submitting an update on negotiations regarding proposed expansion of Hayes Mansion Conference Center.
The Committee recommended acceptance of the staff report and recommended that Council request a workshop on the available financing and bond options be held after the new Council Members assume office.
(4) Fire Department Strategic Plan. Attachment: Memorandum from Fire Chief Manuel P. Alarcon, dated November 8, 2000, transmitting an overview and summary of the Fire Department Strategic Plan to the Finance & Technology Committee prior to the report going to the full Council.
The Committee recommended acceptance of the staff report with the direction that a fleet assessment component be added to the final report.
Discussion/Action: See Item 9a for Council action taken.
(5) Committee meeting schedule
The Committee recommended approval of the amended meeting schedule.
(6) Oral petitions
Bill Garbett spoke on 911 and response time.
(7) Adjournment
The meeting was adjourned at 12:20 p.m.
Discussion/Action: Upon motion by Council Member Woody, seconded by Vice Mayor Fiscalini and unanimously carried, the Finance and Technology Committee Report and actions were accepted with Item 7c(4) acted upon at Item 9a. Vote: 11-0-0-0.
7d Report of the Economic and Community
Development Committee – November 6, 2000
Documents Filed: Economic and Community Development Committee Report of November 6, 2000.
(1) Consent Calendar. Attachments: (1) Memorandum from Director of Housing, Alex Sanchez, dated October 27, 2000, attaching the report on activity during the first quarter of the 2000-2001 Fiscal Year in the Housing Rehabilitation Program, which endeavors to improve the substandard housing stock occupied by extremely low, low, very-low and median-income households. (2) Memorandum from Director of Housing, Alex Sanchez, dated October 30, 2000, transmitting a written report on the activity of the Housing Project Development Program for the first quarter of the 2000-2001 Fiscal Year. (3) Memorandum from Director of Economic Development, Leslie S. Parks, dated October 27, 2000, responding to the request for information on the impact of escalating rent costs and low vacancy rates involving San José businesses. (4) Memorandum from Director of Economic Development, Leslie S. Parks, dated September 25, 2000, providing additional information regarding the Revolving Loan Program.
(a) Quarterly Report on the Housing Rehabilitation Program
(b) Quarterly Report on the Project Development Program
(c) Quarterly Report on the Housing and Homeless Fund
(d) Response to Committee Questions Concerning Commercial Real Estate Vacancy Rates
(e) Response to Committee Questions on Revolving Loan Fund Program
The Committee recommended approval of the Consent Calendar Items. The Committee removed Items 1b and 1d from the Consent Calendar to be considered separately, after which, the reports were approved.
(2) Continue Discussion on the Remaining Proposed Revisions to the Sign Ordinance Attachments: (1) Memoranda from City Manager Del D. Borgsdorf, and Redevelopment Agency Executive Director Susan F. Shick, dated November 2, 2000 and August 11, 2000, recommending modifications to the Sign Ordinance and revisions to Council Policies and other related changes dealing with signage regulation. (2) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated August 2, 2000, attaching a memorandum from Mayor Gonzales and Council Member Chavez, requesting Staff review the proposed changes in the signage regulation to reflect recommendations of the Signage Advisory Committee.
The Committee recommended approval of the changes to the sign ordinance and directed that this item be forwarded to the full Council for consideration under General Government.
Discussion/Action: See Item 9b for Council action taken.
(3) Annual Report of Activities of the First Source Employment Program. Attach-ment: Memorandum from Executive Director, Susan F. Shick, dated November 6, 2000, recommending the Economic and Community Development Committee accept the San José Redevelopment Agency’s Annual Report of the First Source Employment Program for September 1, 1999 through August 31, 2000, and refer it to the City Council/Agency Board for acceptance.
The Committee recommended acceptance of the report with a recommendation to forward the report to the full Council for consideration.
(4) Receive and Accept the Residential Seismic Safety Program. Attachments: (1) Memorandum from Director of Housing, Alex Sanchez, dated October 27, 2000, recommending the Economic and Community Development Committee receive and file the report. (2) Memorandum from Director of Housing, Alex Sanchez, dated August 31, 2000, recommending the Economic and Community Development Committee receive and file the report.
The Committee recommended acceptance of the report.
(5) Oral petitions
In response to Phyllis Ward’s request for an update on secondary housing, Director of Housing Alex Sanchez stated the report is not complete. ECD Committee Secretary to confirm availability of the report by the December 4th Economic and Community Development Committee Agenda and notify Phyllis Ward.
(6) Adjournment
The meeting was adjourned at 4:10 p.m.
Discussion/Action: Joined by Mayor Gonzales at the Podium, Council Member Powers presented to Dr. Frances E. Winslow an award conferred on the City of San José by the Association of Bay Area Governments (ABAG) in recognition of the City’s work on the Residential Seismic Safety Program developed to provide helpful information by the use of generic blueprints and supplemental technical information to better understand the cost of retrofitting existing soft-story, or “tuck under” buildings in San José, and the impacts to structures similar to the damage that occurred during the Northridge earthquake. Upon motion by Council Member Diaz, seconded by Council Member Powers and unanimously carried, the Economic and Community Development Committee Report and actions of November 6, 2000 were accepted with Item 7d(2) acted upon at Item 9b. Vote: 11-0-0-0.
7e Report of the Transportation and
Environment Committee – November 9, 2000
Documents Filed: Transportation and Environment Committee Report of November 9, 2000
(1) Consent Calendar
No Consent Items.
(2) Report on Santa Clara Valley Urban Runoff Program Stormwater Permit [National Pollutant Discharge Elimination Systems (NPDES) Permit]. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 26, 2000, recommending acceptance of the report with Staff authorized to submit the formal comments to the San Francisco Bay Regional Water Quality Control Board concerning the draft Stormwater NPDES Permit.
The Committee recommended acceptance of the Staff recommendation and authorization to submit formal comments to the San Francisco Bay Regional Water Quality Control Board concerning the draft Stormwater NPDES Permit.
(3) Report on Fueling Recommendations for Airport Alternative Fuel Program. Attachment: Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 26, 2000, recommending acceptance of the report on fueling recommendations for San José International Airport’s Alternative Fueling Program.
The Committee recommended acceptance of the report.
(4) Oral petitions
None Presented.
(5) Adjournment
The meeting was adjourned at 2:35 p.m.
Discussion/Action: Referencing Item 7e(2), the Report on Santa Clara Valley Urban Runoff Program Stormwater Permit [National Pollutant Discharge Elimination Systems (NPDES) Permit], Director of Environmental Services, Carl W. Mosher, stated the Regional Board is making major revisions to the Storm Urban Runoff Permit in the area of new development. He stated the revisions will include key elements of the Los Angeles Regional Board’s “Standard Urban Stormwater Mitigation Plans”, and will be significant enough that a Revised Tentative Order will be renoticed. Since the Board will consider the Permit at its February 21, 2001 meeting, he stated the Office of Environmental Services recommends that the City Council affirm (a) that any new development provisions be linked to water quality impacts in the Santa Clara Basin; (b) that provisions not create an improper interference with local legislative discretion; (c) that adequate time be provided for comprehensive stakeholder review and local implementation of any new provisions; and (d) that Staff report back to the Transportation and Environment Committee after the Revised Tentative Order is renoticed. Upon motion by Council Member Powers, seconded by Council Member LeZotte and unanimously carried, the Transportation and Environment Committee Report and actions of November 11, 2000 were accepted. Vote: 11-0-0-0.
GENERAL
GOVERNMENT
9b Direction to the City Attorney to
prepare proposed revisions to the sign ordinance to amend the sign ordinance
policy provisions regarding the size of construction signs and the amount of
directional signs on large sites, as well as to allow additional signage on
large buildings Downtown.
(Redevelopment Agency/Planning, Building and Code Enforcement)
[Economic
and Community Development Committee referral 11/6/00 – item 7d(2)]
Documents Filed: None.
Discussion/Action: This item was deferred to December 12,
2000.
9c Adoption
of a resolution authorizing the Director of Aviation to submit two applications
to the Federal Aviation Administration to:
(1) Impose
and use Passenger Facility Charges (PFCs) at the $4.50 PFC level for capital
projects at the San José International Airport in the amount of $93,956,000,
inclusive of estimated financing cost; and
(2) Amend
existing PFC authority for eight previously approved capital projects to
authorize collection at the $4.50 PFC level.
CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 30, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 70017, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Aviation to Submit Two Applications to the Federal Aviation Administration (FAA) to: (1) Impose and Use Passenger Facility Charges (PFCs) for Two Capital Projects at the San José International Airport in an Amount Not to Exceed $93,956,000; and (2) to Amend Existing PFC Authority for Eight Previously Approved Capital Projects to Authorize Collection at the $4.50 PFC Level”, was adopted. Vote: 11-0-0-0.
9d Adoption
of a resolution:
(1) Authorizing
the issuance of tax-exempt multifamily housing revenue bonds in the aggregate
principal amount not to exceed $7,100,000.
(2) Approving
a loan of bond proceeds to Craig Gardens L.P., a California limited partnership
created by First Community Housing for financing the construction of the Craig
Gardens Apartments.
(3) Approving
in substantial form the Bonds, Indenture, Loan Agreement and Regulatory
Agreement, and Declaration of Restrictive Covenants.
(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.
(Finance/Housing)
Documents Filed: Memorandum from Acting Director of Finance Mark Burton, and Director of Housing Alex Sanchez, dated October 30, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Diquisto and unanimously carried, Resolution No. 70018, 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 $7,100,000 for the Purpose of Making a Loan to Provide Financing for a Multifamily Rental Housing Project Known as Craig Gardens 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: 11-0-0-0.
9e Adoption
of a resolution authorizing the Mayor to forward correspondence, on behalf of
the City of San José, to the United States Fish and Wildlife Service opposing
the designation of Communications Hill as Critical Habitat. (Mayor)
Documents Filed: Memoranda from Mayor Gonzales, dated November 15, 2000, and from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated November 14, 2000, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diquisto and unanimously carried, Resolution No. 70019, entitled: “A Resolution of the Council of the City of San José Authorizing the Mayor to Forward Correspondence on Behalf of the City of San José to the United States Fish and Wildlife Service Opposing the Designation of Communications Hill as Critical Habitat”, was adopted. Vote: 11-0-0-0.
9f (1) Adoption of a resolution calling for a
Special Municipal Election to fill a vacancy in Council District 5 for an
unexpired term ending December 31, 2002, and approval of an ordinance providing
authorization to conduct and take actions with regard to the holding of an election
to fill a vacancy in Council District 5. (Mayor)
(2) Adoption of an urgency ordinance and
approval of an ordinance amending Chapter 12.06 of Title 12 of the San José
Municipal Code by adding a new Part 9 to provide and clarify campaign
contribution rules and regulations for Special Municipal Elections. (City
Attorney’s Office)
(Deferred
from 11/14/00 – Item 9l)
Documents Filed: (1) Memorandum from Council Member Diaz, dated November 21, 2000, recommending Council adopt said resolution. (2) Memorandum from Mayor Gonzales, Vice Mayor Fiscalini, and Council Members Chavez and Powers, dated November 20, 2000, recommending Council adopt said resolution and ordinances. (3) Memorandum from City Attorney, J. Richard Doyle dated November 16, 2000, recommending Council approve the ordinance providing for the election to fill a vacancy in Council District 5. (4) Memorandum from City Attorney, J. Richard Doyle dated November 16, 2000, recommending Council adopt said ordinances. (5) Memorandum from City Attorney, J. Richard Doyle dated November 9, 2000, addressing the filling of the potential vacancy in Council District 5 following the November 7, 2000 General Election. (6) Electronic Message from Ed and Sarah Lopez, sent November 18, 2000, requesting a special election to be held to fill the vacancy created in District 5.
Discussion/Action: William J. Garbett spoke against the proposed action. Referencing the proposed actions and the recommendations contained in the November 20, 2000 memorandum co-authored by Vice Mayor Fiscalini and Council Members Chavez and Powers, Mayor Gonzales stated the setting of the special election on March 6, 2001 will allow for a runoff on April 17, 2001, if necessary. He stated the City’s campaign ordinance is ambiguous with respect to special elections, therefore, the proposed addition of a new section to the campaign ordinance intends to specifically address special municipal elections, thereby protecting the original intent of the Campaign Ordinance for maintaining the integrity of the election process. He stated the following changes will be included in a new section of the Campaign Contribution Ordinance in order to consolidate all provisions that apply to special municipal elections: (1) Transfers of Campaign Funds. (2) Establishing a Campaign Contribution Collection Period and Campaign Disclosure period. (3) Voluntary Participation in the Campaign Expenditure Limits Program for Special Elections. He stated Alex Stuart, the Chair of the Campaign Finance Review and Ethics Board, has requested the new provisions be applied only when the process of the primary special election and runoff do not exceed six months, otherwise, the existing Campaign Ordinance for a General Election would apply. He recommended Council adopt the Campaign Finance Ordinance as an urgency ordinance, in so doing the amendment to the San José Municipal Code will become effective immediately. Council Member Diaz concurred with the recommendations proposed by Mayor Gonzales, Vice Mayor Fiscalini, and Council Members Chavez and Powers in their November 20, 2000 memorandum calling for a Special Municipal Election to fill the vacancy in Council District 5 for the term expiring December 31, 2002, and underscored the necessity of expediting the process to ensure representation on the City Council for the residents of District 5. Upon motion by Council Member Diaz, seconded by Council Member Shirakawa, Jr., and unanimously carried, Resolution No. 70020, entitled: “A Resolution of the Council of the City of San José Calling for a Special Municipal Election to Be Held in Council District 5; Establishing the Dates for and the Procedures to Conduct and Take Actions With Regard to the Election; Requesting the Board of Supervisors of the County of Santa Clara to Canvass the Returns of Said Election and to Permit the County Registrar of Voters to Render Certain Services to the City of San José Relating to the Conduct of Said Election; Establishing Fees for Candidate Statements and for Filing Notices of Intent to Circulate Petitions; and Delegating to the City Clerk the Authority to Take Other Actions With Regard to the Election”, was adopted; and Ordinance No. 26237, entitled: “An Ordinance of the Council of the City of San José Providing Authorization to Conduct and Take Actions Withy Regard to the Holding of An Election to Fill a Vacancy in the Office of Council Member District 5”, was passed for publication; and Urgency Ordinance No. 26238, entitled: “An Urgency Ordinance of the City of San José Amending Chapter 12.06 of Title 12 of the San José Municipal Code by Adding a New Part 9 to Clarify and Provide Campaign Contribution Requirements and Rules for Special Municipal Elections and Setting Forth the Facts Constituting Such Urgency”, was adopted; and Ordinance No. 26239, entitled: “An Ordinance of the City of San José Amending Chapter 12.06 of Title 12 of the San José Municipal Code by Adding a New part 9 to Clarify and Provide Campaign Contribution Requirements and Rules for Special Municipal Elections”, was passed for publication. Vote: 11-0-0-0.
9a Presentation
on the Fire Department Strategic Plan.
[Finance and Technology Committee referral
11/8/00 – Item 7c(4)]
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Member Diquisto, dated
November 21, 2000, submitting additional recommendations intended to improve
the delivery of fire services and ensure that San José is an even safer city
for current residents and future generations. (2) Supplemental memorandum from Fire Chief Manuel P. Alarcon, dated November
20, 2000, providing Council with information regarding immediate, short-term,
and long-term implementation opportunities and solutions, without adding new
stations. (3) Memorandum from Deputy City Manager, Kay Winer, dated November 9,
2000, attaching a copy of the report that was presented to the Finance &
Technology Committee at the November 8, 2000 meeting.
Discussion/Action: Fire
Chief Manuel P. Alarcon introduced Consultants Ty Mayfield, President of
Emergency Consulting and Research Center; Geoff Cady, ECRC Partner and
Consultant; Chief Stewart Gary, ECRC Consultant and Fire Chief of the
Livermore/ Pleasanton Fire Department; Chief Gene Begnell, ECRC Consultant and
Battalion Chief with Orange County Fire Authority; and San José Fire Department
Program Manager Daniel R. Farnsworth. He stated the Strategic Plan is a
multifaceted document that has taken more than one year to compile and has
required extensive and detailed work by the consulting team as well as
substantial participation from Fire Department Staff; this is a far-reaching
organizational analysis that provides significant insight about the state of
the fire service as a whole, and most specifically in San José, and discloses
performance goals, current performance, and makes suggestions and recommendations.
He stated the comprehensive overview will include the purpose and scope of the
study, the methodologies used in the study, and will provide more in-depth
information about the details of the study process and specific information
related to the recommendations. He stated the Consultants have worked with the
San José Fire Department to develop a Strategic Plan that will produce a
template by which to measure and evaluate Fire Department services to the
community, identify the level of resources required to accomplish the mission
of the Fire Department, and provide the delivery of effective and efficient
emergency services considering the current environment and the anticipated
growth in the City of San José. He stated the Plan study evaluates factors that
impact present and future delivery of fire, rescue and emergency medical
services, and forecasts associated fire resources necessary to meet those
needs. Pointing out additional studies underway that will thoroughly review
other Departmental programs such as Fire Department Information Technology
Evaluation, Fire Training Master Plan, Fire Training Facilities Study, Fire
Apparatus Replacement Policy Review, and the City Auditor’s Study of Department
Overtime and Administrative and Support Staffing, he noted the existence of
support program needs that have yet to be defined by the Plan and are not
listed in the Strategic Plan document because the focus here is to identify the
resources necessary to implement the Strategic Plan Recommendations. He stated
the Fire Department is scheduled to return to Council with a plan for
integrating and identifying in order of priority the Strategic Plan
recommendations and the recommendations from other studies, along with an
implementation schedule that also will include budget proposals addressing the
needs that are not specific to the Strategic Plan. He stated most of the
consultant’s immediate and short-term recommendations are directed toward
support programs, and that the cost projections to implement those recommendations
in the Strategic Plan are not yet completed, but will be developed and included
with the budget proposals for both the mid-year and FY 2001-2002 budget
processes. With the use of PowerPoint and an outline of the contents of the
Overview and Summary of the Fire Department Strategic Plan, Daniel Farnsworth
and the ECRC Consultants presented a comprehensive summary of each component of
the Strategic Plan, reviewed previous and current planning efforts and expected
outcomes of comparisons to measures, targets, or expectations, discussed
performance benchmarking as an easily quantified measure, and explained the
“Standards of Cover”, as a “systems” approach to deployment and a plan for
determining the resources needed to accomplish the Fire Department mission and
meet performance objectives. They defined the RHAVE (Risk, Hazard and Value
Evaluation) process, which was utilized to determine the values exposed to
loss, the probability of an event occurring, and the consequence of such an
event on the community, and graphically articulated community performance
expectations and measurable objectives developed for each of the nine risk
types. Displaying maps and charts of citywide “total reflex time” performance
and individual station areas concentration performance for citywide initial
fighting force performance, the Team explained the distribution and
concentration of resources which focused on response time performance parity
among neighborhoods and how well multiple resources get to locations where
emergencies actually occur and the dilemma of staffing routine emergencies
while still prepared for the fire of maximum effort. Referencing the Summary of
Findings, the Consultants included sixteen areas exhibiting the need for a
level of protection that balances expectations, risks, and equitable
distribution of resources with the cost. The team organized the causes of unit
unavailability into four categories – Planned Response Capacity, Unplanned
Response Capacity, Planned Support, and Unplanned Support Capability – and
quantified the identifiable causes and activities adversely impacting the Fire
Department’s ability to attain performance objectives. Ty Mayfield stated the
Strategic Plan recommendations were divided into two major categories – (1)
Recommendations Not Requiring the Addition of New Fire Stations, and (2)
Recommendations and Solutions That Require the Construction and Staffing of
Additional Fire Stations – and discussed the opportunities and solutions
available to the City and scenarios for short-term implementation, 2000-2001,
to long-term implementation, 2000-FY 2003, with and without the addition of
Fire Stations. He completed the formal presentation by summarizing the
recommendations that provide general categories for improvement and address the
problems identified in the annotated summary of findings, and recommended that
the Fire Department (1) change support systems to improve unit availability to
respond by modifying maintenance procedures and reviewing training delivery
methods to maximize unit availability during peak demand periods, and by
providing additional fully equipped apparatus for training and maintenance
programs (2) expand traffic preemption systems to improve response performance;
(3) implement dispatch changes to execute in order of receipt calls for
service; (4) add support staff to improve data analysis and resource planning;
(5) increase public education efforts and implement public access
defibrillation program – PAD; (6) Review fire codes and consider changes such
as requiring sprinklers in residential developments; (7) utilize part-time
emergency response companies at peak demand periods and in areas of high
simultaneous calls for service; (8) redeploy some apparatus to improve overall
response capabilities by changing some engines to Quint-type apparatus for more
flexibility, and by considering CDF-type engines for brush patrol companies;
(9) consider safety training programs for large corporate campuses; (10) add
fire stations in new growth areas; and (11) add new fire stations in developed
areas when call volume or performance deterioration warrants; this may occur
when “part-time” companies can no longer adequately support the area. Mayor
Gonzales referenced the November 21, 2000 memorandum co-authored by Council
Member Diquisto and acknowledged that the Fire Department Strategic Plan does a
good job of assessing the actions the City must take to continue to deliver
efficient and effective fire and emergency services. As other studies of Fire
Department operations continue, he admonished Staff to work with the Mayor’s
Office to develop budget proposals during the Mid-Year and the June budget
processes to ensure that immediate and short-term priorities identified in the
Plan can be implemented as quickly as possible. He stated the Fire Department
should review and make the necessary administrative changes recommended in the
Plan that will increase the efficiency and effectiveness of fire and emergency
services and in conjunction with the Administration, develop a plan for financing
and implementing long-term goals of the Strategic Plan. He stated the financial
and implementation strategy should be submitted to the City Council for
consideration by June 2001. Ross Signorino commented on the Strategic
Plan. Following extensive deliberation
by the City Council, the Administration was directed (1) to compile a list of
technological advances which can be used to improve performance and outcomes
and enhance citizen and firefighter safety, and to submit the list to the City
Council for consideration; (2) to provide Council with additional information
on the deployment of “Quints”; (3) to include language in the Plan to the
effect that the Fire Department should continue to work on ALS (Advanced Life
Support) services; (4) to forward to the Mid-Year Budget process the hiring of
the 2 analysts; and (5) to present status reports to the Finance &
Technology Committee. Upon motion by Council Member Woody, seconded by Council
Member Powers and unanimously carried, the recommendation proposed in the
November 21, 2000 memorandum from Mayor Gonzales and Council Member Diquisto to
(1) accept the Fire Department Strategic Plan report; (2) direct City
Administration and the Mayor’s Office to develop and submit budget proposals to
the Mid-year and June 2001 budget processes for implementing immediate and
short-term priorities of the Strategic Plan, and (3) direct City Staff to
develop a strategy and submit it to the City Council before June 2001 on how
the long-term goals of the Strategic Plan and other Fire Department studies can
be financed and implemented, was approved with the Administration directed to
submit status reports on the Strategic Plan to the Finance and Technology
Committee. Vote: 11-0-0-0.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS
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 Redevelop-ment Plan, the Century Center Redevelopment Plan, the Alum
Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan,
the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The
Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the
Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the
Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the
Neighborhood Business Clusters Redevelopment Plan to effect the merger of said
Redevelopment Project Areas and making certain findings.
(Deferred from 9/19/00 – Item 11a et al., and 10/24/00 – Item 11a)
Documents Filed: None.
Discussion/Action: This item was deferred to December 12, 2000.
11b 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 and 11/14/00 – Item 11c)
Documents Filed: None.
Discussion/Action: This item was deferred to November 28, 2000.
ORAL
COMMUNICATIONS
Ross Signorino commented on the Fire Department Strategic Plan report.
RECESS/RECONVENE
Following Oral Communications, Council recessed at 3:30 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Reed (entered Chambers at 7:25 p.m.), Shirakawa Jr., Woody; Gonzales.
Absent: Council Members: None.
City Clerk, Patricia L. O’Hearn read the requests
for continuances of applications and other actions as recommended. Upon motion
by Council Member, seconded by Council Member and unanimously carried, the
below noted continuances and other actions were granted. Vote: 10-0-1-0.
Absent: Reed.
PUBLIC HEARINGS
15i PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located on the southeast corner of Southwest
Expressway and Fruitdale Avenue, from the C-1 Zoning District, to allow for a
mixed use development of up to a maximum of 500 dwelling units and a maximum of
30,000 square feet of retail uses on 10.7 gross acres. (De Anza Properties,
Owner/Developer). CEQA: Resolution No. 69886.
PDC
00-08-068 - District 6
Documents Filed: None.
Discussion/Action: This item was continued to December 12, 2000.
15k 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 11/14/00 – Item 15b)
Documents Filed: None.
Discussion/Action: This item was dropped, as it is a duplicate of Item 15e. See Item 15e for Council action on the subject rezoning.
15l 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
(Deferred
from 11/14/00 – Item 15e)
Documents Filed: None.
Discussion/Action: This item was continued to December 12, 2000.
15m 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
(Deferred
from 11/14/00 – Item 15g)
Documents Filed: None.
Discussion/Action: This item was continued to December 12, 2000.
15a PUBLIC HEARING ON FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT (SEIR) AND MODIFICATION TO THE EDENVALE AREA
DEVELOPMENT POLICY for the property located in the vicinity of Highway 101 and
State Route 85 interchanges, north of Santa Teresa Boulevard and east of Cottle
Road, to allow buildout of the Edenvale Redevelopment Area, which is projected
to include the construction of approximately 8 million square feet of
additional industrial uses. The SEIR analyzes the impacts from the following
specific modifications to the existing Area Development Policy that would be necessary
for the project to proceed: 1. An increase of 200,000 square feet of
development potential in Edenvale at buildout, from 4.8 million currently
identified in the Policy, to a total of 5.0 million, and 2. Modification of the
Policy to allow development of 5.0 million square feet to proceed ahead of area
transportation improvements by removing the “triggers” in the existing policy
currently required for new development beyond 2.4 million square feet. Director
of Planning, Building, and Code Enforcement and Planning Commission recommend
approval (6-0-1).
PP
00-07-107 - District 2
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated November 15, 2000, recommending Council approve the proposed modifications to the Edenvale Area Development Policy. (2) Public Hearing Notice to consider the Area Development Policy, dated October 27, 2000, and Proofs of Publication of the Final Supplemental Environmental Impact Report (SEIR), executed on November 3, 2000 and November 7, 2000, submitted by the Director of Planning.
Discussion/Action: Mayor Gonzales opened the public hearing on the Final Supplemental Environmental Impact Report and the modification to the Edenvale Area Development Policy for the subject property. There was no public testimony. Council Member Powers recommended approval of the proposed modifications to the Edenvale Area Development Policy, and read the following statement of overriding considerations: “The Final Supplemental Environmental Impact Report for this project identified traffic and air quality impacts as significant and unavoidable; however, implementation of the project will generate substantial public benefits and substantial employment and revenues for the City; it will contribute to both direct and indirect job growth in the area as well as provide for increased tax revenues to support the provision of City services for residents in the long term. The project is consistent with the City’s economic development strategy and economic development policies contained in the General Plan, which encourage industrial growth to create more equitable jobs/housing balance. The project also is consistent with various General Plan industrial land use and economic development goals and policies that promote the creation of a stronger municipal tax base by encouraging industrial development and promoting economic development and employment opportunities through the attraction of businesses suited to this area. These benefits outweigh the significant and unavoidable environmental impacts”. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Resolution No. 70021, entitled: “A Resolution of the Council of the City of San José Making Certain Findings Concerning Modifications to the Edenvale Redevelopment Project For Which an Environmental Impact Report Has Been Prepared, and Adopting a Statement of Overriding Considerations in Accordance With the California Environmental Quality Act”, was adopted. Vote: 10-0-1-0. Absent: Reed.
15b PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located on the northeasterly side of Diamond Heights
Drive, approximately 200 feet southeasterly of Senter Road, from A(PD) Planned
Development Zoning District to A(PD) Planned Development Zoning District, to
allow the construction of up to six single-family detached residences on 4.3
gross acres. (Mario Ambra, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code
Enforcement and Planning Commission recommend approval (6-0-1).
PDC
99-05-037 - District 2
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated November 16, 2000, recommending Council approve the proposed Planned Development Rezoning as recommended by Planning Staff. (2) Memorandum from Planning Commission Secretary James R. Derryberry, dated November 2, 2000, transmitting the Staff report on PDC 99-05-037 dated October 26, 2000 and recommending approval of the proposed rezoning with specific conditions. (3) Public Hearing Notice to consider a change in zoning for PDC 99-05-037, dated November 1, 2000, and Proof of Publication executed on November 3, 2000, submitted by the City Clerk. <