MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
FEBRUARY 1, 2000
The Council of the City of San Jose was scheduled to convene in Closed Session at 9:30 a.m., in Room 600. The Closed Session was cancelled and the City Council convened in Regular Session at 1:35 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, Matthews, Powers, Shirakawa Jr.; Gonzales
Absent: Council Members: LeZotte (excused), Woody (excused).
Pastor Dave Sawkins, South Valley Christian Church, delivered the invocation.
District 2)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-2-0. Absent: LeZotte, Woody.
CEREMONIAL ITEMS
5b Presentation of plaques
to Jon F. Larson for 4 years service on the Senior Citizens Commission and to
Surendra Amin for 1 and ½ years service on the Traffic Appeals Commission. (Mayor)
Documents Filed: None.
Discussion/Action: The plaques will be mailed, as the honorees were unable to attend the meeting.
5c Presentation of a
commendation to the San José Fire Department Wellness Program for receiving the
C. Everett Koop National Health Award.
(Diquisto)
(Rules Committee referral 1/26/00)
Documents Filed: Letter from United States Senator Barbara Boxer, dated November 5, 1999, congratulating the San José Fire Department on winning the “C. Everett Koop National Health Award” for 1999.
Discussion/Action: Joining Mayor Gonzales and Council Member Diquisto at the Podium, Acting Fire Chief William B. Staples, Fire Captains Clifford G. Hubbard and Thomas P. Scully, and Safety Officer David R. Armstrong accepted the commendation; and Mayor Gonzales acknowledged the outstanding achievement of the Department and invited all participants of the Program to stand to be recognized.
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: 9-0-2-0. Absent: LeZotte, Woody.
Ordinances for Final Adoption
6b(1) ORD. NO. 26024 –
Amends chapter 12.06 of Title 12 of the San José Municipal Code by adding a new
Section 12.06.815 to amend the City’s voluntary expenditure program.
Documents Filed: Proof of publication of the title of Ordinance No. 26024 executed on January 25, 2000, submitted by the City Clerk.
Discussion/Action: Bill Chew commented on the contents of a letter from the City Clerk regarding the March 2000 Primary Election. William J. Garbett spoke against the proposed action. Ordinance No. 26024 was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6b(2) ORD. NO. 26026 –
Rezones certain real property situated on the south side of Vermont Street, 350
feet westerly of Myrtle Street.
Documents Filed: Proof of publication of the title of Ordinance No. 26026 executed on January 25, 2000 submitted by the City Clerk.
Discussion/Action: Ordinance No. 26026 was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6b(3) ORD. NO. 26027 -
Rezones certain real property situated on the northeasterly corner of Bernal
Road and San Ignacio Avenue.
Documents Filed: Proof of publication of the title of Ordinance No. 26027 executed on January 25, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26027 was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6b(4) ORD. NO. 26028 -
Rezones certain real property situated on the northerly side of San Ignacio
Avenue, 360 feet southeasterly of Great Oaks Boulevard.
Documents Filed: Proof of publication of the title of Ordinance No. 26028 executed on January 25, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26028 was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6b(5) ORD. NO. 26029 -
Rezones certain real property situated on the east side of Paseo Tranquillo,
250 feet southerly of Branham Lane.
Documents Filed: Proof of publication of the title of Ordinance No. 26029 executed on January 25, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26029 was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6b(6) ORD. NO. 26030 -
Rezones certain real property situated on the southwest corner of McKee Road
and North 34th Street.
PDC 99-07-064
Documents Filed: Proof of publication of the title of Ordinance No. 26030 executed on January 25, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26030 was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6b(7) ORD. NO. 26031 -
Rezones certain real property situated on the northeast corner of South Bascom
Avenue and Elden Drive.
Documents Filed: Proof of publication of the title of Ordinance No. 26031 executed on January 25, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26031 was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6b(8) ORD. NO. 26032 -
Rezones certain real property situated on the West side of Ringwood Avenue, 70
feet southerly of McKay Drive.
Documents Filed: Proof of publication of the title of Ordinance No. 26032 executed on January 25, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26032 was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
Public Hearings Set by Council
6c(1) Adoption of a resolution
initiating proceedings and setting a date for Council consideration of the
reorganization of territory designated as Buena Vista No. 1 which involves the
annexation to the City of San José of 38.0 acres of land, bounded by West San
Carlos Avenue, Scott Street, Chiechi Avenue, Meridian Avenue, and both sides of
Buena Vista Avenue and the detachment of the same from the Sunol Sanitary
District, Burbank Sanitary District, County Lighting District, and Central Fire
District. CEQA: Resolution No. 65459.
(Planning, Building and Code Enforcement)
[Deferred from 8/3/99 – Item 6c(1) et al.,
and 12/7/99 – Item 6c(1)]
Documents Filed: None.
Discussion/Action: This item was deferred to April 11, 2000.
Public Hearings Set by Council
6c(2) Adoption of a resolution
initiating proceedings and setting March 7, 2000 at 1:30 p.m. as the
date for council consideration of the reorganization of territory designated as
Berryessa No. 66 which involves the annexation to the City of San José of 14.11
acres of land, located on the west side of North King Road, at the terminus of
Commodore Drive, and the detachment of the same from the Central Fire
Protection District and the County Service Area No. 1 (Library Services). CEQA: Resolution No. 65459. District 4.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 10, 2000, recommending the placement of said action on the Consent Calendar of the February 1, 2000 City Council Agenda.
Discussion/Action: Resolution No. 69349, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings on the Reorganization of Territory Designated as Berryessa No. 66, Which Involves the Annexation of 14.11 Acres of Land to the City of San José, Located on the West Side of North King Road, at the Terminus of Commodore Drive, and the Detachment of Same From the Central Fire Protection District and the County Service Area No. 1, and Setting a Public Hearing for March 7, 2000 at 1:30 p.m. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendation”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
Contracts/Agreements
6e(1) (a) Adoption of resolutions:
(1) Authorizing
the City Manager to negotiate and execute an agreement with VeriSign Inc. in an
amount not to exceed $126,000, for digital signature software and
implementation services for the On-Line Permit/E-commerce Pilot Project, for
the term of January 11, 2000 through December 30, 2000.
(2) Amending
the annual Fee Resolution to set forth a flat fee of $93 for residential
building re-roof permits and a flat fee of $120 for commercial building re-roof
permits.
(b) Adoption
of appropriation ordinance and funding sources resolution amendments in the
General Fund to fund the On-Line Permit/E-commerce Pilot Project in the amount
of $215,000.
(City Manager’s Office)
[Deferred from 1/11/00 – Item 6e(10)]
Documents Filed: None.
Discussion/Action: This item was deferred to February 22, 2000.
6e(2) Approval of a seventh
amendment to the Federal Inspection Services Facility Lease Agreement at the
San José International Airport with Williams-Scotsman, extending the lease term
from February 1, 2000 to January 31, 2002, at a total annual cost not to exceed
$179,132.16, and authorizing the City Manager to exercise one (1) option to extend
the term up to twenty-four (24) additional months at the sole discretion of the
City, contingent upon appropriation of funds each year. CEQA:
Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 10, 2000, recommending Council approve the seventh amendment to said agreement, and authorize the City Manager to exercise said option, contingent upon appropriation of funds.
Discussion/Action: The seventh amendment to the Federal Inspection Services Facility Lease Agreement with Williams-Scotsman was approved and its execution authorized, and the City Manager authorized to exercise the option, contingent upon appropriation of funds annually. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6e(3) Approval of a
continuation agreement with Anderson Brule Architects, Inc. (ABA) for
consultant services related to Phase 4 of the Acoustical Treatment (ACT)
Program, to extend the time for completion from December 31, 1999 to December
31, 2000, with no increase in total compensation. CEQA: Resolution No.
67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 10, 2000, recommending Council approve said agreement.
Discussion/Action: The continuation agreement with Anderson Brule Architects, Inc. was approved and execution of the consultant services agreement authorized. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6e(4) Approval of award of open
purchase orders for supplies, materials, equipment, and services for FY
1999-2000 # 22, 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 January 10, 2000, recommending Council approve said open purchase orders
list, and authorize the Director of General Services to execute the purchase
orders.
Discussion/Action: The award of open purchase orders List No. 22 for FY 1999-2000 was approved and execution of the purchase orders authorized. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6e(5) (a) Approval
of the annual agreement with the Federal Drug Enforcement Administration for
the continuation of the South Bay High Intensity Drug Trafficking Area Task
Force.
(b) Adoption
of related appropriation ordinance and funding sources resolution amendments in
the General Fund for Fiscal Year 1999-2000 in the amount of $76,592
(Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated January 10, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: The annual agreement with the DEA for the continuation of the HIDTA was approved and execution of the agreement authorized; Ordinance No. 26036, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Amount of $76,592 for the Continuation of the South Bay High Intensity Drug Trafficking Area Task Force; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69350, entitled: “A Resolution of the Council of the City of San Joe Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the General Fund”, were adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6e(6) Approval of an agreement
with the City of Santa Clara for the modification of the traffic signal at the
intersection of North Winchester Boulevard and Newhall Street in the amount of
$60,000. CEQA: Exempt.
(Streets and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 10, 2000, recommending Council approve said agreement.
Discussion/Action: The agreement with the City of Santa Clara was approved and its execution authorized. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6e(7) Approval of a
continuation agreement with Next Door Solutions for Battered Women, in an
amount not to exceed $70,000, for the period January 1, 2000 to June 30, 2000.
(Police)
(Rules/Agency Rules Committee referral
1/26/00)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated January 27, 2000, noting the reason for the addendum and recommending Council approve said continuation agreement.
Discussion/Action: The continuation agreement with Next Door Solutions for Battered Women was approved and its execution authorized. Vote: 9-0-2-0. Absent: LeZotte, Woody.
Routine Legislation
6f(1) (a) Approval
of the appointments of the San José Beautiful Steering Committee members to two
(2) year terms effective January 2000.
(1) Weslie
Brandon.
(2) Ginny
Snyder.
(b) Reappointment
of the currently active Steering Committee members to two (2) year terms
effective January 2000:
(1) Nancy
Cardinet.
(2) Bonita
Gibson.
(3) Ed
Goto.
(4) Kristin
Sulpizio.
(5) Emiuly
Yue.
(c) Acknowledge
the conscientious efforts of outgoing Steering Committee members:
(1) Lydia
Angulo.
(2) Barbara
Robinson.
(Parks, Recreation and Neighborhood
Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated January 10, 2000, recommending Council approve said appointments and reappointments and acknowledge the efforts of outgoing members.
Discussion/Action: The two appointments to two year terms and the five reappointments of currently active members to serve on the San José Beautiful Steering Committee were approved and the conscientious efforts of outgoing Steering Committee members acknowledged. Vote: 9-0-2-0. Absent: LeZotte, Woody.
6f(2) Adoption of three (3)
resolutions of intention to form new zones in Maintenance District 15 (Silver
Creek Valley):
(a) Zone
G (Southeast – Central Area).
(b) Zone
F (Central Area).
(c) Zone
H (Northerly Neiman Boulevard).
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 19, 2000, recommending Council adopt said resolutions.
Discussion/Action: Resolution No. 69351, entitled: “A Resolution of the Council of the City of San José of the Intention to Form Zone G (Southeast-Central Area) in Maintenance District 15 (Silver Creek Valley) and Directing the Director of Public Works to Prepare and File An Engineer’s Report”; Resolution No. 69352, entitled: “A Resolution of the Council of the City of San José of the Intention to Form Zone F (Northerly Neiman Boulevard) in Maintenance District 15 (Silver Creek Valley) and Directing the Director of Public Works to Prepare and File An Engineer’s Report”; and Resolution No. 69353, entitled: “A Resolution of the Council of the City of San José of the Intention to Form Zone H (Central Area) in Maintenance District 15 (Silver Creek Valley) and Directing the Director of Public Works to Prepare and File An Engineer’s Report”; were adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules
Committee – January 19, 2000
Documents Filed: Rules Committee Report of January 19, 2000.
(1) Review February 1, 2000 Draft Agenda
The Committee approved the February 1, 2000 City Council Agenda with one addition.
(2) Add New Items to January 25, 2000 Amended Agenda
The Committee recommended five additions to the January 25, 2000 City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record
No Public Record Filed.
(5) Approve City positions on March 2000 State ballot propositions
Council heard this item on January 25, 2000.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee.
(a) Acceptance of the report regarding the referral to the Administration of the Human Rights Commission’s recommendation to adopt resolutions in support of (1) a new trial for Mumia Abu-Jamal and (2) organic and fair trade coffee products
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee.
(a) Acceptance of the report.
The Committee took no action on this item.
Discussion/Action: This item was removed from the report and acted upon separately. (See later entry for Council action taken on this item.)
(7) Oral communications
William Garbett commented on the City’s Revolving Door Policy.
(8) Adjournment
The meeting was adjourned at 2:30 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, the Rules Committee Report and actions of January 19, 2000 were accepted with Item 7b(6)(a) removed from the Report and acted upon separately. Vote: 9-0-2-0. Absent: LeZotte, Woody.
7b Report of the Rules
Committee – January 19, 2000
(6)
Council Referrals
for Assignment to Appropriate Committee, Administration, or Council Appointee.
(a) Acceptance
of the report regarding the referral to the Administration of the Human Rights
Commission’s recommendation to adopt resolutions in support of (1) a new trial
for Mumia Abu-Jamal and (2) organic and fair trade coffee products
Documents Filed: Memorandum from Senior Executive Assistant, Interim Council Liaison, Deanna J. Santana, dated January 19, 2000, recommending Council review the issues raised in the report, prior to directing Staff to prepare the resolutions for adoption.
Discussion/Action: Representing the San José Peace Officers’ Association, James J. Tomaino and Donald O. De Mers spoke against the adoption of the resolution supporting a new trial for Mumia Abu-Jamal. Betsy Wolf-Graves, representing South Bay Mobilization & Amnesty International, asked Council to support the resolution. As Council Liaison to the Human Rights Commission, Council Member Chavez stated the intent of the Commission’s discussion was procedural, and not intended as disrespectful action against any law enforcement agency. She suggested the POA and the Human Rights Commission meet and discuss the issues which led to the recommendation. As a point of clarification, Mayor Gonzales stated the issue for deliberation is whether Council will approve the Rules Committee Report of no action on this item. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, the Rules Committee Report of NO ACTION on the request to adopt resolutions in support of (1) a new trial for Mumia Abu-Jamal and (2) organic and fair trade coffee products, was approved. Vote: 9-0-2-0. Absent: LeZotte, Woody.
GENERAL GOVERNMENT
9a Adoption of a
resolution:
(1) Approving
business terms for an acquisition and predevelopment loan of up to $2,616,400
to Mexican American Community Services Agency, Inc. (MACSA), or its designated
partnership, for the development of a for-sale housing development, affordable
to very low and moderate-income households, on a 2.89-acre site located on the
northeast corner of East Alum Rock Avenue and Jose Figueres Avenue.
(2) Authorizing
the Director of Housing to negotiate and execute all necessary documents on
behalf of the City.
(Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated January 10, 2000, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69354, entitled: “A Resolution of the Council of the City of San José (i) Approving Up to $2,616,400 for an Acquisition and Predevelopment Loan to Mexican American Community Services Agency, Inc., or its Assignee, for the Development of a For Sale Housing Project Affordable to Very Low and Moderate Income Persons and Families, and (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loan On Behalf of the City”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
9d Approval of the proposed
process for completing the federally-required 2000-2005 Consolidated Plan and
the 2000 Annual Action Plan. (Housing/Parks, Recreation and Neighborhood
Services)
(Rules Committee
referral 1/26/00)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, and Director of Parks, Recreation and Neighborhood Services Mark Linder, dated January 25, 2000, noting the reason for the addendum and recommending Council approval of the proposed process.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, the proposed process for completing the federally-required 2000-2005 Consolidated Plan and the 2000 Annual Action Plan was approved. Vote: 9-0-2-0. Absent: LeZotte, Woody.
9e Adoption of appropriation
amendments in the General Fund to provide $103,000 for the Workforce Investment
Act (WIA) Program from the Contingency Reserve and an update on implementation
of the Workforce Investment Act Program.
(Economic Development)
(Rules Committee referral
1/26/00)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated January 31, 2000, recommending Council approve staff recommendations regarding the Workforce Investment Act. (2) Memorandum from Director of Economic Development Leslie S. Parks, and Budget Director Larry D. Lisenbee, dated January 25, 2000, recommending Council approve the request for the three positions and adopt said appropriation ordinance amendments in the General Fund.
Discussion/Action: In response to Council Member Chavez’ question regarding the number of Workforce Investment Area Programs and Investment Boards, Director of Economic Development Leslie S. Parks stated additional information has become available to Staff since the preparation of the staff report to Council. She stated County staff on January 25, 2000 recommended to the Santa Clara County Board of Supervisors that the County withdraw its application to serve South County and the unincorporated areas of the County, minus the City of San José; without taking action, the Board of Supervisors tabled its discussion and decision on the issue. She stated City Staff submitted a second application to the State Workforce Investment Board, and on January 28, 2000 the State Board approved San José’s application to serve San José only, and granted the County the right to serve the remaining cities in South County and the unincorporated areas. She stated County and City Staffs, during the January State Board meeting, clarified to the Board that the County Board of Supervisors at its meeting on February 15, 2000 would take appropriate action to rescind its application; after which, both agencies would submit letters to the State Workforce Investment Board designating San José the administrator for South County, thereby, enabling San José and the NOVA Program to completely service North and South County areas. With respect to the nomination process for the Workforce Investment Board, Mayor Gonzales stated an important component of the new Workforce Investment Act is the Workforce Investment Board (WIB), whose purpose is not to allocate funds but to determine what agencies can be recipients of the vouchers given to trainees. He stated his primary concerns relate to a nominee’s ability to have knowledge of the local community and the training and hiring needs of employers and job seekers and the capacity of the candidate pool to evaluate and train participants in needed skills. He suggested City Staff add “needs assessment” criteria to the profile sheet for Program candidates. Referencing unresolved elements of the process, Leslie Parks stated the terms and conditions of a Memorandum of Understanding between the City and the County, which will cover the transition period, would be completed and distributed to Council for consideration prior to February 29, 2000, and requires one reserve seat on the Workforce Investment Board for CalWorks, as mandated by the State. She stated the Draft local plan has been completed and following two public hearings scheduled for February 10th and 17th, the Plan will be submitted to the State of California on or before March 1, 2000. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, Ordinance No. 26037, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 Which Appropriates Moneys in the General Fund in the Amount of $103,000 for the Workforce Investment Act Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
9f (1) Adoption of resolutions authorizing the
City of San José and MBIA- MuniServices Company to have access to State Board
of Equalization Sales and Use Tax Records, and
(2) Adoption of a resolution authorizing the
City Manager to negotiate and execute a consultant agreement with
MBIA-MuniServices Company for various auditing services through June 30, 2000
in an amount not to exceed $500,000. (Finance)
(Deferred from 1/18/00
– Item 9g and 1/25/00 – Item 9g)
Documents Filed: None.
Discussion/Action: This item was deferred to February 22, 2000.
(1) Ross Signorino commented on a recent San José Mercury News article regarding handguns.
(2) William Garbett commended the City Council on VTA participation.
Following Oral Communications, Council recessed at 2:30 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, Matthews, Powers, Shirakawa Jr.; Gonzales
Absent: Council Members: LeZotte (excused), Woody (excused).
City
Clerk, Patricia L. O’Hearn, read the requests for continuances of applications
and other actions as recommended. Upon motion by Vice Mayor Fiscalini, seconded by Council Member
Powers and
unanimously carried, the below noted continuances and other actions were
granted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
PUBLIC HEARINGS
15a PUBLIC HEARING and
adoption of a resolution authorizing the reorganization of territory designated
as Monterey Park #103, which involves the annexation to the City of San José of
60.55 acres of land, located on the south side of Curtner Avenue, opposite
Stone Avenue, and the detachment of the same from the Central Fire Protection
District, Santa Clara County Library Service District, and the Santa Clara
Valley Water District. CEQA: Resolution No. 65459. (Planning, Building, and Code Enforcement)
(Continued from
2/16/99 – Item 15b et al., and 12/7/99 – Item 15a)
Documents Filed: None.
Discussion/Action: This item was continued to April 4, 2000.
15b PUBLIC HEARING and
approval of an ordinance amending Section 20.44.070 of Chapter 20.44 of Title
20 of the San José Municipal Code to allow for the placement of 4-foot by
8-foot public notice signs. (Planning,
Building, and Code Enforcement)
(Continued from
1/18/00 – Item 15a)
Documents Filed: None.
Discussion/Action: This item was continued to February 15, 2000.
15d PUBLIC HEARING ON
CONFORMING REZONING of the property located on both sides of Ruby Avenue and
the north side of Cortona Drive, from A(PD) Zoning District to A(PD) Zoning
District, to allow the relocation of the high-density residential land use
designation and the decrease in size of the lake in Village Center Area on 5.6
gross acres. (Shapell & Kaufman and
Broad, Owner/Developer). CEQA: Resolution No. 63179. Director of Planning, Building, and Code
Enforcement recommends approval. No
Planning Commission action required.
PDC 99-04-031 -
District 8
(Continued from
1/18/00 – Item 15n)
Documents Filed: None.
Discussion/Action: This item was continued to February 15, 2000.
15e PUBLIC HEARING ON
CONFORMING PLANNED DEVELOPMENT REZONING of the property located on the west
side of Old Oakland Road at Rock Avenue, from I-Industrial Zoning District to
A(PD) Planned Development Zoning District, to allow construction of four
industrial buildings totaling 47,500 square feet on 5.11 gross acres. (Ernest
E. Pestana, Owner/Developer). CEQA: Negative Declaration.
PDC 99-05-038 -
District 4
(Continued from
1/18/00 – Item 15o)
Documents Filed: None.
Discussion/Action: This item was continued to February 15, 2000.
15g PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the northeast corner of
Southwest Expressway and Fruitdale Avenue, from C-2 Commercial Zoning District
to A(PD) Planned Development Zoning District, to allow up to 96 multi-family
attached residential units on 1.88 gross acres. (Dan Hudson, Owner; Hudson Properties, Developer). CEQA:
Negative Declaration.
PDC 99-03-026 -
District 6
Documents Filed: None.
Discussion/Action: This item was continued to March 7, 2000.
15j PUBLIC HEARING ON CITY
COUNCIL-INITIATED CONFORMING REZONING of certain real properties situated on
the east side of Lincoln Avenue, approximately 500 feet southerly of Willow
Street, from C-3 Commercial Zoning District to C-2 Commercial Zoning
District. (Joseph Ziegler, R & S
Properties, Inc., Owner; City of San José, Developer). CEQA:
Exempt.
CC 99-10-085 –
District 6
Documents Filed: None.
Discussion/Action: This item was continued to February 15, 2000.
The Council of the City of San José reconvened the 1999 Annual Review of the General Plan to consider the following items:
15m Appeal of Planning
Commission decision to certify the Recirculated Draft EIR for the
Greenline/Urban Growth Boundary (UGB) for the City of San José and the adoption
of related policies by Santa Clara County.
The proposed UGB would identify the long-term limit for urban
development and extension of urban services within the City of San José. Staff recommends upholding Planning
Commission certification of RDEIR.
Documents Filed: None.
Discussion/Action: This item was continued to March 21, 2000.
15n GP96-UGB: General Plan Amendment to
change the Land Use/Transportation Diagram to create a long-term
Greenline/Urban Growth Boundary delineating the extent of urban
development. CEQA: Recirculated Draft Environmental Impact
Report. Staff recommends approval. Planning Commission recommends approval.
Documents Filed: None.
Discussion/Action: This item was continued to March 21, 2000.
15o GP96-T-03: General Plan Text Amendment to describe and support the Greenline/Urban
Growth Boundary. CEQA: Recirculated Draft Environmental Impact Report. Staff recommends approval. Planning Commission recommends approval.
Documents Filed: None.
Discussion/Action: This item was continued to March 21, 2000.
15p Adoption of a Joint City/County Policy Statement regarding the
Greenline/Urban Growth Boundary.
CEQA: Recirculated Draft
Environmental Impact Report. Staff
recommends approval. Planning
Commission recommends approval.
Documents Filed: None.
Discussion/Action: This item was continued to March 21, 2000.
15q Approval of an ordinance adding a new Chapter 18.30 to Title 18 of the San
José Municipal Code to establish a process
for amendments to the Greenline/Urban Growth Boundary established by the San
José General Plan. CEQA:
Recirculated Draft Environmental Impact Report. Staff recommends approval. Planning Commission recommends approval.
Documents Filed: None.
Discussion/Action: This item was continued to March 21, 2000.
15r GP99-8-2: General Plan Amendment to change
the Land Use/Transportation Diagram for property located at the northeasterly
side of Murillo Avenue, opposite Groesbeck Hill Drive, from Non-Urban Hillside,
Outside the Urban Service Area, and Outside the Greenline/Urban Growth Boundary
to Public/Quasi-Public, Inclusion in the Urban Service Area, and Minor
Modification to the Greenline/Urban Growth Boundary on 7.95 acres. (MacKay & Somps). CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends
approval.
District 8
Documents Filed: None.
Discussion/Action: This item was continued to March 21, 2000.
CEREMONIAL ITEMS
5a Presentation of a
commendation to Mr. Batista Sequeira Vieira and Mrs. Dolores Marie Machado
Vieira for their contributions to the Portuguese-American community. (Diaz)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Diaz introduced the guests of honor and presented the commendation to Mr. & Mrs. Vieira in recognition of their contributions to the City of San José.
9b Report back on traffic
signal at Camden and Ewer/Lencar.
[Rules Committee
referral 11/24/99, Council Agenda 12/7/99 – 7b(5)]
Documents Filed: (1) Memorandum from Council Member Diquisto, dated February 1, 2000, requesting that the Department of Streets and Traffic continue to work with residents in the subject area to mitigate any potential impacts of a traffic signal at the proposed location. (2) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated November 18, 1999, recommending Council approval to proceed with construction of said traffic signal and soliciting Council input on traffic signals being considered for construction prior to development of the Annual Traffic Capital Improvement Program. (3) Copy of electronic mail from Mayor Gonzales, dated February 1, 2000, attaching correspondence and petitions of individuals against installation of the subject traffic signal.
Discussion/Action: The following individuals spoke in favor of the proposed traffic signal: Fred Pisturino, Camden-Lencar Neighborhood Association; Mike Kolito, Donna D’Arcy, and Maw Kidwiler. Upon motion by Council Member Diquisto, seconded by Vice Mayor Fiscalini and unanimously carried, the Staff Report was accepted and the recommendation for the installation of a traffic signal at Camden and Ewer/Lencar approved, and Staff directed to continue to work with residents in the area to mitigate any potential impacts of a traffic signal at said location. Vote: 9-0-2-0. Absent: LeZotte, Woody.
9c Discussion of the City’s
position on March 2000 state ballot Proposition 21 (Juvenile Crime).
[Continued from
1/25/00 – Item 7b(5), Rules Committee meeting of 1/19/00)
Documents Filed: None.
Discussion/Action: Mayor Gonzales stated the City Council would accept public testimony on the March 2000 Ballot Proposition 21 and postpone any Council action to February 8, 2000. Intergovernmental Relations Director Betsy Shotwell presented the synopsis, analysis and summarized the Staff recommendation of the Proposition which makes various changes to laws specifically related to the treatment of juvenile offenders, adults who are gang-related offenders, and those who commit violent and serious crimes. The following individuals spoke in opposition to the Proposition: Representing San José Youth Commission, Erica Garcia, Chair, and Jennifer Leung, Justin Imamura; Joe Clinkenbeard, Henluen Wang, and Elizabeth Solis. By unanimous consent, this item was continued to February 8, 2000 for Council discussion and action. Vote: 9-0-2-0. Absent: LeZotte, Woody.
15h PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the north side of Story Road,
725 feet easterly of Meadow Lane, from A(PD) Planned Development Zoning
District to A(PD) Planned Development Zoning District, to allow the
construction of 14 single-family detached residences on 3.27 gross acres.
(Mahesh Patel, Owner; Pinn Brothers, Developer). CEQA: Negative Declaration. Director of Planning,
Building, and Code Enforcement recommends approval. Planning Commission recommends approval (7-0-0).
PDC 99-09-075 –
District 5
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 27, 2000, recommending Council adopt an ordinance approving the subject rezoning. (2) Memorandum from Director of Planning, Building and Code Enforcement, Planning Commission Secretary James R. Derryberry, dated January 20, 2000, transmitting to Council the Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 99-09-075, dated January 19, 2000, recommending approval of the proposed rezoning. (3) Public Hearing Notice to consider a change in Zoning for PDC 99-09-075 dated January 5, 2000, and Proof of Publication executed on January 14, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26038, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the North Side of Story Road, 725 Feet Easterly of Meadow Lane”, was passed for publication. Vote: 9-0-2-0. Absent: LeZotte, Woody.
15k PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located on the west side of South Capitol
Avenue, 150 feet northerly of Lombard Avenue, from C-3 Commercial Zoning
District to A(PD) Planned Development Zoning District, to allow 49 multi-family
attached senior housing units and a park and ride lot on 1.54 gross acres.
(Tyson and Roem Development, Owner; Roem Development, Developer). CEQA:
Negative Declaration. Director of Planning, Building, and Code Enforcement
recommends approval.
Planning Commission recommends approval
(7-0-0).
PDC 99-11-087 –
District 5
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 27, 2000, recommending Council adopt an ordinance approving the subject rezoning. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 20, 2000, transmitting to Council the Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 99-11-087, dated January 19, 2000, recommending approval of the proposed rezoning. (3) Public Hearing Notice to consider a change in Zoning for PDC 99-11-087 dated January 5, 2000, and Proof of Publication executed on January 14, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Diaz, seconded by Council Member Matthews and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26039 entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of South Capitol Avenue, 150 Feet Northerly of Lombard Avenue”, was passed for publication. Vote: 9-0-2-0. Absent: LeZotte, Woody.
15c PUBLIC HEARING ON THE CITY COUNCIL-INITIATED CONVENTIONAL REZONING of
certain properties consisting of approximately 15.4 gross acres generally bounded
by West Hedding Street, The Alameda, Vermont Street, Elm Street, and the Union
Pacific Railroad, from M-1 Manufacturing to A-Agriculture and R-1 Residence;
C-Commercial to R-1 Residence; and R-2 Residence to R-1 Residence to reflect
existing uses and the adopted General Plan designations for the area. (Various
Owners). CEQA: Resolution No. 65459. Director of Planning, Building, and
Code Enforcement recommends approval. Planning Commission recommends approval
(6-0-1).
CC
99-10-080 – District 6
(Continued from
1/18/00 – Item 15e)
Documents Filed: (1) Memorandum from the Planning Commission, dated January 12, 2000, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for CC 99-10-080 dated December 15, 1999, and Proof of Publication executed on December 29, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the City Council-initiated conventional rezoning of the subject property. There was no discussion from the Floor. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26040, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Generally Bounded by West Hedding Street, The Alameda, Vermont Street, Elm Street, and The Union Pacific Railroad”, was passed for publication. Vote: 9-0-2-0. Absent: LeZotte, Woody.
15f PUBLIC HEARING ON
PLANNED DEVELOPMENT REZONING of the property located at the south side of The
Alameda opposite Stockton Avenue, from M-1 Manufacturing Zoning District to
A(PD) Planned Development Zoning District, to allow up to 460 multi-family
attached dwelling units, including the adaptive reuse of the historic Del Monte
Plant 51 Building, approximately 2.1 acres of public parkland, and the adaptive
reuse of the historic District Manager’s Office for approximately 2,000 square
feet of commercial uses on 10.6 gross acres. (Cahill Associates, L.P.,
Owner/Developer). CEQA: Resolution to be adopted. Director of Planning,
Building, and Code Enforcement recommends approval. Planning Commission
recommends approval (7-0-0).
PDC 98-03-027 -
District 6
Documents Filed: (1) Memorandum from Vice Mayor Fiscalini, dated February 1, 2000, recommending Council approve the Planning Commission recommendation for the subject project, with specified additions. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 26, 2000, recommending Council approve the proposed rezoning as proposed by the applicant. (3) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 20, 2000, transmitting to Council the Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 98-03-027, dated January 19, 2000, recommending approval of the proposed rezoning with conditions. (4) Public Hearing Notice to consider a change in Zoning for PDC 98-03-027 dated January 6, 2000, and Proof of Publication executed on January 14, 2000, submitted by the City Clerk. (5) Letter from John Olson, President, Preservation Action Council of San José, dated February 1, 2000, supporting the plans for the reuse of the historic Del Monte Plant #51 site as residential units.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Director of Planning, Building and Code Enforcement, James R. Derryberry, reviewed the Staff report and the recommendation for approval of the development as proposed by the applicant. Representing The Castle Group Cahill Associates, Jim Pollart presented a comprehensive description of the proposed project and identified major components of the development using aerial photographs, site plans, and architectural imagery of Buildings A, B, C and the Site District Managers’ Office. He described how the project’s use, density, and design conforms to the Midtown Specific Plan, and that it’s intent is to offer the units in the adaptive reuse portion of the project as for-sale units in keeping with the MSP. He described significant steps the applicant took to meet with and involve the community in the planning and design of the project. Referencing his February 1, 2000 memorandum on the subject rezoning, Vice Mayor Fiscalini recommended Council approve the Planning Commission’s recommendation with added conditions (1) to waive City fees (in conformance with previous City waivers for Historic Landmark and Unreinforced Masonry buildings), excluding park and school fees, for the portion of the Cahill Station project containing historic Plant #51 and District Manager’s Office buildings, with the requirement that the Developer go through the historic landmark process when the development is completed; (2) that the Redevelopment Agency provide up to $500,000 from funds for development incentives in The Alameda NBD for sidewalks, storm inlets, and other infrastructure improvements in the Cahill Station project area; (3) that District Six Parks Fund allocate $200,000 in fiscal year 2000-2001 for park improvements, should such funds be required to complete park improvements; and (4) that parking spaces on White Street, currently an unimproved public street, become available to residents of the Cahill Station and to the retail space at Cahill Station as shown in the plans. While the environmental impacts of this project are addressed in the Cahill Station Residential Redevelopment EIR, he read the following statement of overriding considerations: “The EIR identified loss of historical resources, historic district, cumulative air quality and resource impacts as significant and unavoidable. This project promotes the adaptive reuse of historic resources consistent with the General Plan. It also enhances the vitality of a transitional neighborhood under the direction of the General Plan and the Midtown Specific Plan, and adds more compatible uses to the neighborhood by providing high density residential and commercial uses oriented to transit and promotes public transit use and strengthens The Alameda Neighborhood Business District. These benefits outweigh the significant unavoidable environmental impacts”. He asked Council to refer the historic landmark issues to the City Attorney’s Office for appropriate response. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, Vice Mayor Fiscalini’s recommendations and conditions contained in February 1, 2000 memorandum, was approved; Ordinance No. 26041, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the South Side of The Alameda Opposite Stockton Avenue”, was passed for publication; and Resolution No. 69355, entitled: “A Resolution of the Council of the City of San José Making Certain Findings Concerning Mitigation Measures, Adopting a Mitigation Monitoring and Reporting Program, Making Findings Concerning Alternatives and Adopting a Statement of Overriding Considerations in Accordance With the California Environmental Quality Act for the Cahill Station Residential Redevelopment Project For Which an Environmental Impact Report has Been Prepared”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Woody.
15i PUBLIC HEARING ON
PLANNED DEVELOPMENT REZONING of the property located at the north side of
Blossom Hill Road, between Santa Teresa and Winfield Boulevards, from A(PD)
Planned Development Zoning District to A(PD) Planned Development Zoning
District, to allow an expansion of 296,400 square feet including a parking
garage to an existing shopping center containing 954,389 square feet on 56.6
gross acres. (Martin, Eager, Malone, (Trustees), Owner; Westfield Corporation,
Inc., Developer). CEQA: Resolution No. 92-60. Director of Planning, Building,
and Code Enforcement recommends approval. Planning Commission recommends
approval (7-0-0).
PDC 99-10-081 –
District 10
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 26, 2000, recommending Council approve the proposed rezoning as proposed by the applicant. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 20, 2000, transmitting to Council the Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 99-10-081, dated January 19, 2000, recommending approval of the proposed project. (3) Public Hearing Notice to consider a change in Zoning for PDC 99-10-081 dated January 7, 2000, and Proof of Publication executed on January 14, 2000, submitted by the City Clerk. (4) Correspondence from David Fadness, dated January 31, 2000, opposing the expansion; from Greg West, President, VEP Homeowners’ Association, dated February 4, 2000; and from William J. Garbett, dated February 1, 200, asking for a new EIR for the subject project.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Director of Planning, Building and Code Enforcement, James R. Derryberry, summarized background information on the project and recommended Council approval of the proposed rezoning. The following individuals spoke in support of the planned development: Michael T. Avila, Ed Sanchez, Clay Stern of Stern’s Luggage, and Larry Green representing Westfield Corporation, Inc. William J. Garbett spoke in opposition to the proposed development and submitted a written request for a new EIR on the subject project. Upon motion by Council Member Dando, seconded by Vice Mayor Fiscalini and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26042, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the North Side of Blossom Hill Road Between Santa Teresa Boulevard and Winfield Boulevard”, was passed for publication. Vote: 9-0-2-0. Absent: LeZotte, Woody.
15l PUBLIC HEARING ON
PLANNED DEVELOPMENT REZONING of the property located at the north side of Lenn
Drive, approximately 300 feet easterly of Meridian Avenue, from C-1 Commercial
Zoning District to A(PD) Planned Development District, to allow 34
single-family detached residential units on 5.0 gross acres. (Safeway, Inc.,
Owner; Greenbriar Land Company, Developer). CEQA: Negative Declaration.
Director of Planning, Building, and Code Enforcement recommends approval.
Planning Commission recommends approval (7-0-0).
PDC 99-11-090 –
District 6
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 26, 2000, recommending Council approve the proposed rezoning as proposed by the applicant. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 20, 2000, transmitting to Council the Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 99-11-090, dated January 18, 2000, recommending approval of the proposed Planned Development Rezoning. (3) Public Hearing Notice to consider a change in Zoning for PDC 99-11-090 dated January 5, 2000, and Proof of Publication executed on January 14, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Todd Nelson and Kathy Royer spoke in support of the planned development. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando, and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26043, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the North Side of Lenn Drive, Approximately 300 Feet Easterly of Meridian Avenue”, was passed for publication. Vote: 9-0-2-0. Absent: LeZotte, Woody.
Eight individuals representing the Coalition For Better Community submitted requests to address Council on the AAA Crematorium operations. They were advised that the City Attorney and the City Manager were working on the issues and that correspondence would be sent to them clarifying the current status of AAA’s operation.
The Council of the City of San José adjourned at 8:40 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK