SAN JOSE, CALIFORNIA TUESDAY, AUGUST 15, 2000
The Council of the City of San José 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 1:30 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa Jr., Woody
Absent: Council Members: Diaz; Gonzales (both excused)
Vacant: District 4
Stephanie Anna Plascencia, a seven-year-old student at Slonaker Elementary School, sang and performed to the lyrics of La Situation and El Herradero. (District 7)
Vice Mayor Fiscalini led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Powers, seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
CEREMONIAL ITEMS
5a Presentation of plaque to Louis (Bud) Towner for 4 years
7 months service on the Child Care Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Vice Mayor Fiscalini presented the plaque to Bud Towner and expressed the City’s appreciation for the educator’s care and concern for today’s youth.
5b Recognition of the San José International Airport’s award for excellence in financial reporting for fiscal year ending 1999 from the Governmental Finance Officers Association (GFOA). (Woody)
Documents Filed: None.
Discussion/Action: Joining Vice Mayor Fiscalini at the Podium, Council Member Woody introduced Director of Aviation Ralph G. Tonseth, Anita Ong, and Deputy Director Terri Gomes who accepted the commendation recognizing the prestigious award presented to the City of San José’s Airport Finance Division for excellence in financial reporting presented by the Government Finance Officers Association. Terri Gomes introduced Airport Finance Division employees and thanked them for their hard work and continued commitment to excellence.
CONSENT CALENDAR
Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
Minutes for Approval
6a(1) Regular Meeting of June 6, 2000
Documents Filed: Minutes of the regular meeting of June 6, 2000.
Discussion/Action: The Minutes were approved. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6a(2) Joint City Council/Redevelopment Agency Meeting of June 6, 2000
Documents Filed: Minutes of the joint meeting of June 6, 2000.
Discussion/Action: The Minutes were approved. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
Ordinances for Final Adoption
6b(1) ORD. NO. 26163 – Rezones certain real property situated on
the southwest corner of Redmond Avenue and El Paseo Drive. C 00-05-040
Documents Filed: Proof of publication of the title of Ordinance No. 26163 executed on August 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26163 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6b(2) ORD. NO. 26164 - Rezones certain real property situated at
the terminus of Frost Drive at the intersection of Hostetter Road. PDC 00-03-017
Documents Filed: Proof of publication of the title of Ordinance No. 26164 executed on August 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26164 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6b(3) ORD. NO. 26165 - Rezones certain real property situated on
the west side of Silver Creek Valley Road, 700 feet northerly of Beaumont
Canyon Drive.
PDC 99-07-067
Documents Filed: Proof of publication of the title of Ordinance No. 26165 executed on August 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26165 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6b(4) ORD. NO. 26166 - Rezones certain real property situated in
the area bounded by North First Street, Bassett Street, Ryland Street, and
State Route 87
(Guadalupe Parkway). C 00-04-026
Documents Filed: Proof of publication of the title of Ordinance No. 26166 executed on August 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26166 was adopted Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6b(5) ORD. NO. 26167 - Rezones certain real property situated on
the south side of the Alameda, approximately 100 feet easterly of Sunol
Street. C 00-04-028
Documents Filed: Proof of publication of the title of Ordinance No. 26167 executed on August 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26167 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6b(6) ORD. NO. 26168 - Rezones certain real property situated on
the east side of Almaden Expressway, approximately 650 feet north of Winfield
Boulevard.
Documents Filed: Proof of publication of the title of Ordinance No. 26168 executed on August 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26168 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6b(7) ORD. NO. 26169 - Rezones certain real property situated on
the northwest corner of The Villages Parkway and Ashley Way. PDC 00-02-011
Documents Filed: Proof of publication of the title of Ordinance No. 26169 executed on August 8, 2000, submitted by the City Clerk.
Discussion/Action: San José resident C. M. Zimmerman opposed the rezoning and the administrative process. Ordinance No. 26169 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6b(8) ORD. NO. 26170 - Rezones certain real property situated on
the southeast corner of Delta Road and San Felipe Road. C 00-05-034
Documents Filed: Proof of publication of the title of Ordinance No. 26170 executed on August 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26170 was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
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 08/1/00 – Item 6c(1)]
Documents Filed: None.
Discussion/Action: This item was continued to October 17, 2000.
6c(2) Adoption of a resolution initiating proceedings for an
ordinance of the City of San José to consider a comprehensive rewrite and
update of Title 20, the Zoning Code; setting a public hearing on October 17,
2000 at 7:00 p.m.; and referring the ordinance to the Planning Commission
for its recommendation and comments.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated July 26, 2000, recommending the placement of said action on the Consent Calendar of the August 15, 2000 City Council Agenda.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69829, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings to Amend Title 20 of the San José Municipal Code in Order to Comprehensively Rewrite and Update That Entire Title of the Municipal Code, and Setting a Public Hearing On October 17, 2000 at 7:00 p.m. and Referring Said Ordinance to the Planning Commission for Its Recommendation and Comments”, was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
Plans and Specifications
6d(1) TRACT NO. 9279 – Blossom Hill Road near Cahalan
Avenue – Kaufman and Broad South Bay, Inc. (Developer) – 51 single family
detached residential units. Approval of
a parkland agreement and adoption of resolutions approving the plans, final
map, and contract for Tract No. 9279.
CEQA: ND. District 10.
(Public
Works)
[Deferred
from 8/8/00 – Item 6d(1)]
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated August 1, 2000, recommending Council approve the parkland agreement and adopt said resolutions for Tract No. 9279.
Discussion/Action: The parkland agreement was approved and its execution authorized; and Resolution No. 69830, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9279”; Resolution No. 69831, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans For Tract No. 9279”; and Resolution No. 69832, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9279”, were adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
Contracts/Agreements
6e(1) Approval of a
continuation agreement with Emergency Consulting & Research Center for
development of the Fire Department Strategic Plan, and extending the agreement
term from June 30, 2000 to December 30, 2000. (Fire)
Documents Filed: Memorandum from Fire Chief Manuel P. Alarcon, dated July 26, 2000, recommending Council approve said agreement.
Discussion/Action: In response to Council Member Chavez’ inquiry regarding the completion of the Strategic Plan and its presentation to Council, Daniel Farnsworth of the Fire Department stated the final draft from the consultant will be submitted to the City Manager’s Office within two to four weeks with the objective to report to Council by October 2000. Council Member Woody requested that the report be submitted to the Finance and Technology Committee as early as possible to be reported to the City Council prior to yearend 2000. City Manager Del D. Borgsdorf stated the City needs definitive procedures specifying when issues are referred to Committee or forwarded directly to Council. He asked for Council direction to the Administration to develop appropriate criteria to better manage referrals. The continuation agreement with Emergency Consulting & Research Center was approved and its execution authorized, and the Administration directed to submit the consultant’s final draft to Council via the Finance and Technology Committee within 2 to 4 weeks with the completed Strategic Plan due prior to December 2000, and directed the City Manager to define more clearly criteria for determining when an issue is sent to Council Committee or directly to Council. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(2) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 # 5, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents
Filed: (1) Memorandum from Director of General Services, Steve S. Yoshino,
dated July 26, 2000, recommending Council approve said open purchase orders
list, and authorize the Director of General Services to execute the purchase
orders.
(2) Supplemental report from San José/Santa Clara Water Pollution Control
Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated
August 11, 2000, recommending approval of said open purchase order.
Discussion/Action: The award of open purchase orders List No. 5 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(3) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 # 6, 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 July 26, 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. 6 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(4) Approval of an option to purchase one additional asphalt
paving machine from Great Western Equipment (San José) for the Department of
Streets and Traffic at the same bid price, at a total cost of $45,588.41,
including tax, and authorization for the Director of General Services to
execute the purchase order for the:
(a) Immediate purchase of one (1) asphalt
paving machine.
(b) Subsequent purchase of the additional
units until September 14, 2000 at the same bid price, without further Council
action other than the appropriation of necessary funds.
(General
Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 26, 2000, recommending Council approve said option and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The option to purchase from Great Western Equipment was approved and execution of the purchase order authorized. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(5) Adoption of a resolution authorizing the Director of General Services to execute a sole source purchase agreement with Megadata Corporation, for the purchase of a long-range aircraft radar system (PASSUR) for the Department of Aviation, in the amount of $237,462.50, including sales tax, installation, and twelve month maintenance. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 26, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69833, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Agreement With Megadata Corporation for the Purchase of a Long-Range Aircraft Radar System”, was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(6) (a) Adoption of a resolution authorizing the
City Manager to negotiate and execute an agreement with The David and Lucile
Packard Foundation for the implementation of the Family Care Small Business
Assistance Program (FCSBA) in an amount not to exceed $98,080, for the period
July 1, 2000 to June 30, 2001.
(b) Adoption of an appropriation ordinance
and funding sources resolution amendments in the General Fund in the amount of
$98,080.
(Parks,
Recreation and Neighborhood Services/City Manager’s Office)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, and Budget Director Larry D. Lisenbee, dated July 26, 2000, recommending Council adopt said resolution and approve said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Resolution No. 69834, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With the David and Lucile Packard Foundation for the Implementation of the Family Care Small Business Assistance Program For the Period July 1, 2000 to June 30, 2001 in an Amount Not to Exceed $98,080”; Ordinance No. 26173, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $98,080 for the Family Care Small Business Assistance Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69835, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(7) Approval of the
first amendment to the agreement with Enviroscience, Inc., for consultant
services for the Airport Asbestos Removal Project to extend the term of the
agreement from September 28, 2000 to December 30, 2001, and increase
compensation by $198,000, from $162,000 to $360,000. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated July 26, 2000, recommending Council approve the first amendment to said consultant services agreement.
Discussion/Action:
The first amendment to the consultant services agreement with Enviroscience,
Inc., was approved and execution of the amendment authorized.
Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(8) Adoption of a resolution authorizing
the City Attorney to execute the first amendment to the agreement with
McCutchen Doyle Brown & Enersen for legal services in connection with the
real estate portfolio for the Boards of Administration of the Federated City
Employees’ Retirement System and the Police and Fire Department Retirement
Plan, to increase the compensation by $150,000, for a total amount not to
exceed $325,000.
(Board of
Administration for the Police & Fire Department Retirement Plan)
Documents Filed: Memorandum from Director of Retirement Services, Edward F. Overton, for the Board of Administration of the Police & Fire Department Retirement Plan, dated July 26, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69836, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Execute the First Amendment to the Agreement With McCutchen, Doyle, Brown & Enersen LLP for Legal Services in Connection With the Real Estate Portfolios of the Retirement Boards”, was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(9) Approval of a joint-jurisdiction agreement between the
City of San José and the Town of Los Gatos for traffic signal maintenance at:
(a) Blossom Hill Road and Harwood Road;
(b) Blossom Hill Road and Leigh Avenue; and,
(c) South Bascom Avenue and Los Gatos
Boulevard and Samaritan Drive.
CEQA: Exempt.
(Streets and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated July 26, 2000, recommending Council approve said agreement.
Discussion/Action: The maintenance agreement between the City of San José and the Town of Los Gatos was approved and its execution authorized. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(10) Approval of an
agreement with Outdoor Systems, Inc. for the purchase of two (2) permanent
easements on a portion of a property located at the southeast intersection
quadrant of Willow Street and Minnesota Avenue, in the amount of $3,100, and
authorization for the City Manager to execute the necessary documents to complete
the transaction. CEQA: Exempt. (Public Works)
(Rules Committee referral 8/9/00)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated August 8, 2000, noting the reason for addendum and recommending Council adopt a resolution approving said agreement and authorizing the City Manager to execute the necessary documents to complete the transaction.
Discussion/Action: The agreement with Outdoor Systems, Inc., was approved and its execution authorized. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6e(11) Approval of a Subordination, Attornment, and
Non-Disturbance Agreement with Heller Financial covering the City’s leasehold
interests in property located at 777 North First Street, owned by La Familia,
L.P., a California Limited Partnership. (Public Works)
(Orders of
the Day 4a)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated August 10, 2000, noting the reason for addendum and recommending Council approve said agreement.
Discussion/Action: The subordination, attornment and non-disturbance agreement with Heller Financial was approved and its execution authorized. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
Routine Legislation
6f(1) Approval of the Fiscal Years 1998-1999 and 1999-2000 San
José Arena Management Normal Capital Repairs and Replacements and Parking
Capital Repairs and Replacements Budgets.
(San José Arena Authority)
[Deferred
from 6/13/00 – Item 6f(5) et al., and 8/1/00 – Item 6f(3)]
Documents Filed: Memoranda from the San José Arena Authority Board of Directors, Chair Karen Danna, dated August 10, 2000, and San José Arena Authority Board of Directors, Chair Bert Bonanno, dated May 22, 2000, both conveying the Board’s recommendation that Council approve said repairs and replacements.
Discussion/Action: The budgets for normal and parking capital repairs and replacements were approved. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6f(2) Approval of appropriation ordinance and funding source
resolution amendments increasing the Library Department’s grants appropriation
by $47,000 for family literacy programs.
(City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated July 26, 2000, recommending Council approve said appropriation ordinance and funding source resolution amendments in the General Fund.
Discussion/Action: Ordinance No. 26174, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $47,000 to Increase the Library Grants Appropriation to the Library Department; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69837, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6f(3) (a) Adoption
of a resolution to accept an award for an Office of Criminal Justice Planning
(OCJP) "Anti-Drug Abuse" (ADA) Grant in the amount of $127,662.
(b) Adoption
of appropriation ordinance and funding sources resolution amendments in the
General Fund to increase the Police Department's personal services and
non-personal expenses appropriations for expenses related to the grant.
(City
Manager’s Office/Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated July 26, 2000, recommending Council adopt said resolution and appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action:
Resolution No. 69838, entitled: “A Resolution of the Council of the City of San
José Accepting an Anti-Drug Abuse Grant From the Office of Criminal Justice
Planning in an Amount Not to exceed $127,662 to be Used to Address the
Substance Abuse Problem in Santa Clara County During Fiscal Year 2000-2001”;
Ordinance No. 26175, entitled: “An Ordinance of the City of San José Amending
Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of
$127,662 For Expenses Relating to an Award for an Office of Criminal Justice
Planning ‘Anti-Drug Abuse’ Grant; and Providing That This Ordinance Shall
Become Effective Immediately Upon Adoption”; and Resolution No. 69839,
entitled: “A Resolution of the Council of the City of San José Amending
Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the
Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted.
Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant:
District 4.
6f(4) Adoption of appropriation ordinance and funding sources
resolution amendments in the Services for Redevelopment Capital Projects Fund
with a net impact to the fund of $231,000. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated July 26, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the City-side Redevelopment Fund.
Discussion/Action: Ordinance No. 26176, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $231,000 for the San José Museum of Art HVAC Improvements Project and the Communities Facilities District in Old Edenvale Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69840, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6f(5) Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund and the development enhancement fund to coordinate administration of the Revolving Loan Fund Program. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated July 26, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund and the Development Enhancement Fund.
Discussion/Action: Regarding the Revolving Loan Fund Program and a potential reporting mechanism, Council Member Dando requested that the Administration schedule periodic updates on some of the investments made during the past two years, and to present that report to the appropriate Standing Council Committee. Ordinance No. 26177, entitled: “An Ordinance of the City of San José amending Ordinance No. 26141 to Appropriate Moneys in the General Fund and the Development Enhancement Fund in the Amount of $235,000 to Coordinate Administration of the Revolving Loan Fund Program; and Providing That This Ordinance shall Become Effective Immediately Upon Adoption”; and Resolution No. 69841, 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 Development Enhancement Fund”, were adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6f(6) Approval of City Manager Del Borgsdorf’s travel to
Cincinnati, Ohio, from September 17-20, 2000, to attend the International
City/County Management Association (ICMA) 86th Annual
Conference. (City Manager’s Office)
Documents Filed: Memorandum from City Manager, Del D. Borgsdorf, dated August 1, 2000, requesting an authorization to travel.
Discussion/Action:
The travel for City Manager Del D. Borgsdorf to attend the International
City/Council Management Association 86th Annual Conference in
Cincinnati, OH, was approved. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant:
District 4.
6f(7) Adoption of a resolution declaring a
638 square foot portion of the parcel of City-owned land, located at 1771 Via
Cinco de Mayo, surplus to the needs of the City, and authorizing its sale to
the Santa Clara Valley Transportation Authority.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated July 26, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69842, entitled: “A Resolution of the Council of the City of San José Declaring a Parcel of City-Owned Property Surplus to the Needs of the City and Approving an Agreement to Sell Such Property to the Santa Clara Valley Transportation Authority”, was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6f(8) Approval of the appointment of a representative to the
Downtown Parking Board. (Mayor)
(Rules Committee referral 8/9/00)
Documents Filed: Memorandum from Mayor Gonzales, dated August 14, 2000, recommending Council approve the appointment to the Downtown Parking Board.
Discussion/Action: The appointment of Jason Clark to serve on the Downtown Parking Board as a Parking Facility Owner Representative was approved. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
6f(9) Approval of Council Member Chavez’s travel to Tanzania
and Uganda, Africa, from August 23 through September 7, 2000, as a delegate
with The American Council of Young Political Leaders (ACYPL). Funding: ACYPL
and personal. (Chavez)
(Rules Committee referral 8/9/00)
Documents Filed: None.
Discussion/Action: The travel for Council Member Chavez to attend The American Council of Young Political Leaders in Tanzania and Uganda, Africa, was approved. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND
STANDING REPORTS
7b Report of the Rules Committee -Meeting of August 2, 2000
Documents Filed: Rules Committee Report of August 2, 2000.
(1) Review August 15, 2000 Draft Agenda
The Committee approved the August 15, 2000 City Council Agenda with two additions.
(2) Add New Items to August 8, 2000 Amended Agenda
The Committee recommended six additions to the August 8, 2000 City Council Agenda.
(3) Meeting Schedules. Attachment: Memorandum from Council Liaison, Deanna J. Santana, dated August 2, 2000, recommending approval of the proposed date for a Special Economic and Community Development Committee meeting.
The Committee approved the following date for a special Economic and Community Development Committee meeting to review the proposed changes in the signage regulation: Monday, August 14, 2000, 1:30 p.m. in Room 106.
(4) The Public Record. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated July 13, 2000, listing the items transmitted to the Administration and the items filed for the Public Record for the period June 21 through July 11, 2000. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated July 27, 2000, listing the items transmitted to the Administration and the items filed for the Public Record for the period July 12-25, 2000. (3) Memoranda from Deputy City Manager, Jesus Nava, both dated August 1, 2000, noting the disposition of those items transmitted to the Administration and those items filed for the Public Record for the periods June 21 through July 11, 2000 and July 12-25, 2000.
The Committee noted and filed the Public Records for the periods June 21 through July 11, 2000 and July 12-25, 2000.
(5) Request to use Council General funds to
attend League of California Cities Annual Conference in Anaheim, CA, September
6-9, 2000. Attachments:
(1) Memorandum from Council Member Dando, dated July 24, 2000, requesting
authorization to use Council General Funds to travel to Anaheim, CA, to attend
the League of California Cities Annual Conference. (2) Memorandum from Council
Member Woody, dated July 21, 2000, requesting authorization to use Council
General Funds to travel to Anaheim, CA, to attend the League of California
Cities Annual Conference. (3) Memorandum from City Clerk, Patricia L. O’Hearn,
dated July 28, 2000, complying with City Council Policy 9-5 requirement when
requests to use Council General Funds are considered by the Rules Committee.
The Committee approved the use of Council General funds by Council Members Dando and Woody to attend the League of California Cities’ Annual Conference in Anaheim, CA, September 6-9, 2000.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated August 2, 2000, responding to the recommendation to grant an exception to the one-term provision of Project Diversity
(a) Report back on Parks and Recreation Commission request to change Commission terms from one four-year term to two three-to-four year terms. Attachment: Letter from the Parks and Recreation Commission, Fred Begun, Chair, dated May 16, 2000, requesting consideration be given to replacing the one four-year term with two three-to-four-year terms.
Discussion/Action: See Item 9d for Council action taken.
(b) Report back on Senior Citizens Commission request to change Commission terms from one four-year term to two three-to-four year terms. Attachment: Letter from the Senior Citizens Commission, Patricia Brown Moriarty, Chairperson, dated May 4, 2000, recommending that the City Council change terms of Office for City Commissioners back to two three-year terms.
Discussion/Action: See Item 9e for Council action taken.
The Committee referred Items 6a and 6b to Council for general discussion at the August 15th meeting, and directed the City Clerk to prepare a memorandum for Council giving additional information and history on the City’s Board and Commission term lengths.
(c) Report back on request to begin process to add a retiree to the Federated Retirement Board. Attachment: Memorandum from Director of Employee Relations, Alex Gurza, dated July 28, 2000, submitting a status report on the request to add a retiree representative to the Federated retirement Board.
The Committee accepted the status report and requested the Administration return to the Rules Committee in 30 days with an update on the request to add a retiree representative to the Federated Retirement Board.
(7) Oral communications
None Presented.
(8) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Rules Committee Report and actions of August 2, 2000 were accepted with action on Item 7b(6)(a) taken at Item 9d and Item 7b(6)(b) acted upon at Item 9e. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
7b Report of the Rules Committee - Meeting of August 9, 2000 – (Partial)
Documents Filed: Rules Committee Report of August 9, 2000.
(6) Approve appointment of 2000 League of California Cities voting delegate and alternate at the Annual Business Meeting. Attachment: Memorandum from Director of Intergovernmental Relations, Betsy Shotwell, dated August 8, 2000, recommending approval of the proposed designation of Council Member Woody as the voting delegate at the September 9, 2000 Annual Business Meeting of the League of California Cities, and the proposed designation of Council Member Shirakawa, Jr. as the alternate voting delegate.
The Committee recommended Council Member Woody to be designated as the voting delegate, and Council Member Shirakawa, Jr., as the alternate voting delegate, to the September 9, 2000 Annual Business Meeting for the League of California Cities.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the partial Rules Committee Report and actions of August 9, 2000 were accepted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
LAND USE AND DEVELOPMENT
8a PUBLIC HEARING on Historic District amendment to expand
the River Street City Landmark Historic District to include eight additional
properties located west of N. Almaden Street on both sides of W. St. John
Street, and adoption of a resolution approving or disapproving the proposed
expansion. (Vellequette-Winninger Investors and Green Valley Corporation,
Owners). CEQA: Resolution No. 64273.
Historic Landmarks Commission recommends approval (7-0-0).
HD
97-107 – District 3
(Continued
from 8/1/00 – Item 8a)
Documents Filed: None.
Discussion/Action:
Vice Mayor Fiscalini opened the public hearing on the proposed expansion of the
River Street City Landmark Historic District. Director of Planning, Building
and Code Enforcement, James R. Derryberry, reviewed the recommendations from
City Staff and the Landmarks Commission for the addition of the eight
properties and buildings to the River Street Historic District, which would
provide unique opportunities to expand the existing district boundaries and
create economic development possibilities for adaptive reuse of the structures.
He stated the designation of these properties does not change the
industrial/commercial zoning for the area; therefore, the policy decision
before Council will determine whether the historic resources represented by the
8 properties is worth the effort to save and incorporate into the Historic
District. With Council’s approval of the staff recommendation, he stated City
Administration and the Redevelopment Agency would proceed with the development
of an implementation strategy for the entire Historic District. Beth Wyman,
representing Preservation Action Council, spoke in support of the proposed
expansion. Representing seven of the eight property owners of the proposed
expansion area, attorney Kirsten Powell of the Law Offices of Robert J. Logan,
spoke in opposition to the expansion, referencing the
August 1, 2000 letter to the Historic Landmarks Commission explaining why the
property owners were not supportive of the expansion. She asked that the City
either acquire the properties from her clients or do not include the
Partnerships in the District, because the Partnerships neither have adequate
capital or incentive to renovate these properties, nor have they been able to
sell the properties due to the restrictions placed on the properties by the
City. Given the number of concerns expressed, the absence of definitive plans
to include the properties in the existing expansion, and a recommendation to
defer the item until additional information is available, Council directed the
Administration to provide information on adaptive reuses of the structures and
the City’s intentions for the existing/expansion area; whether the subject
properties will be included with those of the Santa Clara County Water District
and the Guadalupe River Flood Control Projects; delineate the area and identify
the properties to be included in the Historic District; clarify the existence
of final project designs, implementation plans and timelines for completion of
Historic District expansion and restorations; specify the lead agency
responsible for the project; and report on the status of the City’s interest in
acquiring the properties. Upon motion unanimously adopted, the public hearing
was continued to August 29, 2000. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales.
Vacant:
District 4.
GENERAL GOVERNMENT
9a Adoption of a
resolution authorizing the Director of Aviation to:
(1) Exercise
the fourth one-year option of the Terminal A Taxicab Concession Agreement with
Yellow Checker Cab Company, Inc., extending the term from October 1, 2000 to
September 30, 2001.
(2) Exercise
the fourth one-year option of the Terminal C Taxicab Concession Agreement with
United Taxicab Corporation, extending the term from October 1, 2000 to
September 30, 2001.
CEQA:
Resolution No. 67380. (Airport)
Documents
Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated
July 26, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Dando and unanimously carried, Resolution No. 69843, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Aviation to Exercise the Fourth One-Year Option of the Terminal A Taxicab Concession Agreement With Yellow Checker Cab Company, Inc. and to Exercise the Fourth One-Year Option of the Terminal C Taxicab Concession Agreement With United Taxicab Corporation”, was adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
9b Direction to
staff:
(1) To
issue a follow-up report on the Stormwater NPDES Permit after the Regional
Water Quality Control Board issues the Draft Permit Order, now scheduled for
release in September 2000.
(2) To
provide City Council with the Efficiency Study on the Urban Runoff Program
after the impacts of any new regulations are analyzed and in time for
discussion early in the FY 2001-02 budget process.
(Environmental Services)
Documents Filed: None.
Discussion/Action: This item was deferred to August 22, 2000.
9c Approval of an agreement with
Gensler Architects for master architectural services for the San José
International Airport for the period July 5, 2000 to July 4, 2003, in an amount
not to exceed $4,500,000. (Public
Works/Airport)
Documents Filed: Memorandum from Director of Public Works Ralph A. Qualls Jr., and Director of Aviation Ralph G. Tonseth, dated July 26, 2000, recommending approval of said services agreement.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the master architectural services agreement was approved and its execution authorized. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
9d Discussion of changing Parks and Recreation Commission terms from one four-year term to two three-to-four year terms.
[Rules Committee referral 8/2/00 – Item 7b(6)(a)]
Documents Filed: None.
Discussion/Action: This item was deferred to August 22, 2000.
9e Discussion of changing Senior Citizens Commission terms from one four-year term to two three-to-four year terms.
[Rules Committee referral 8/2/00 – Item 7b(6)(b)]
Documents Filed: None.
Discussion/Action: This item was deferred to August 22, 2000.
9f (1) Approval
of an amendment to the City loan documents modifying the $1,144,000 City loan
for The YWCA Villa Nueva Project.
(2) Authorize the Director of Housing to
execute the required documents.
(Housing)
(Rules Committee referral 8/9/00)
Documents Filed: None.
Discussion/Action: This item was dropped
FISCAL
AFFAIRS
10a (1) PUBLIC
HEARING on Improvement District (ID) No. 99-218SJ
(Hellyer-Piercy).
(2) Order
tabulation of the property owner ballots.
(3) Depending
on the outcome of the balloting, adopt resolutions:
(a) Approving the Engineer’s Report for ID No.
99-218SJ (Hellyer-Piercy), confirming the assessments, ordering the work and
acquisitions, and directing other actions.
(b) Expressing intent to reimburse the City and
Developer with proceeds of Bonds to be issued for the purpose of financing ID
No. 99-218SJ.
CEQA: Resolution No. 69699.
(Public Works)
Documents Filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated August 4, 2000, recommending Council take appropriate actions related to the formation of the Hellyer-Piercy Improvement District. (2) Affidavit of Mailing of the Notice of Public Hearing and Ballot Procedure for Improvement District No. 99-218SJ to persons whose names and addresses appear on the last equalized County property tax roll, mailed June 28, 2000. (3) Three Affidavits of Posting of the Notice of Public Hearing and Ballot Procedure, dated July 26, 2000, submitted by Public Works and the City Clerk. (4) Notice of Public Hearing And Ballot Procedure, dated June 28, 2000, and Proof of Publication executed on August 8, 2000, submitted by the City Clerk. (5) Official Ballot Results, tabulated by the Office of the City Clerk, on the formation of Improvement District 99-218SJ (Hellyer-Piercy), executed and sealed on August 15, 2000.
Discussion/Action: Vice Mayor Fiscalini opened the public hearing on the formation of the subject Improvement District. The following individuals spoke in opposition to the proposed assessments: Anne Kudsi; Bader S. Kudsi; and Cathy S. Brandhorst. Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the public hearing was closed, and no further ballots were accepted. Assistant City Clerk Nancy Alford reported the following results of the tabulation of the Property Owner Ballots: “Property Owners to be assessed in the amount of $24,410,686.36 have returned ballots in support of the Assessment. Property Owners to be assessed in the amount of $3,557,480.96 have returned ballots in opposition to the Assessment. Ballots submitted in support of the Assessment exceed ballots submitted in opposition to the Assessment; therefore, the City Council may vote on imposition of the Assessment”; and Resolution No. 69844, entitled: “Resolution Adopting Engineer’s Report, Confirming the Assessment, Ordering the Work and Acquisitions and Directing Actions With Respect Thereto – City of San José Improvement District No. 99-218SJ (Hellyer-Piercy)”; and Resolution No. 69845, entitled: “Resolution Declaring the Official Intent to Reimburse Expenditures From the Proceeds of Tax Exempt Securities to be Issued to Finance Improvements in the Hellyer-Piercy Improvement District”, were adopted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
11a Approval of Council
Policy 12-1 which establishes a consistent and uniform approach for estimating
and reporting construction project costs and establishing construction project
budgets. (City Manager’s
Office/Redevelopment Agency)
(Deferred
from 6/27/00 – Item 11a and 8/1/00 – Item 11a)
Documents Filed: None.
Discussion/Action: This item was deferred to August 22, 2000.
ORAL COMMUNICATIONS
Cathy S. Brandhorst spoke on world affairs and the condition of government agencies.
RECESS/RECONVENE
Following Oral Communications, the City Council recessed at 2:43 p.m. and reconvened at 7:00 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa Jr., Woody
Absent: Council Members: Diaz; Gonzales (both excused)
Vacant: District 4
City Clerk,
Patricia L. O’Hearn, read the requests for
continuances of applications and other actions as recommended. Upon motion by Council
Member Powers, seconded by Council Member Chavez and unanimously carried, the below noted continuances and other actions
were granted. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District
4.
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 6/20/00 – Item 15a)
Documents Filed: Resolution No. 68678 initiating reorganization proceedings for annexation and detachment of certain uninhabited territory, and giving notice of hearing on the proposed reorganization and written protests, and Proof of Publication executed on February 5, 1999, submitted by the City Clerk.
Discussion/Action: This item was dropped.
15b PUBLIC HEARING ON Approval of an ordinance amending
Section 20.44 of Title 20 of the San José Municipal Code related to
single-family house permits by revising 1) the level of discretion related to
permits required for houses on the historic inventory or 2) in a conservation
area to administrative, and minor technical changes within the procedures and
processes established in the ordinance.
CEQA: Exempt. Citywide
Documents Filed: None.
Discussion/Action: This item was continued to September 5, 2000.
15c PUBLIC HEARING ON UGB MODIFICATION. Determine whether the proposed request to modify
the Greenline/Urban Growth Boundary (UGB) by expanding it to include
approximately 1,817 acres of the Richmond/Young Ranches and other properties,
located approximately 2,500 feet southerly of the intersection of Silver Creek
and San Felipe Roads and adjacent to the southern boundary of the Silver Creek
Planned Residential Community, constitutes a Minor Modification of the
UGB and take appropriate action based on this determination. Planning
Commission makes the following recommendations: (1) Recommend that the City Council confirm the determination of
the Director of Planning, Building and Code Enforcement that the proposal to
expand the Greenline/Urban Growth Boundary (UGB) to include 1,814 acres of the
Richmond/Young Ranches does not constitute a minor modification of the UGB as
defined in Title 18 of the San Jose Municipal Code. (2) Recommend that the City Council find that the
Applicant’s proposal constitutes a significant modification to the UGB which
should only be considered during a comprehensive update of the General Plan and
advise the Applicant that he may resubmit this request at such time as the City
Council chooses to conduct a comprehensive update of the General Plan. (3)
Recommend that the City Council not undertake a comprehensive update of the
General Plan at this time.
Districts 2 & 8
Documents Filed: Memorandum from Patricia Sausedo of The Sausedo Company, dated August 15, 2000, requesting Council continue Item 15c to September 5, 2000.
Discussion/Action: This item was continued to September 5, 2000.
15e PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the
property located at the east side of Pleasant Knoll drive, approximately 300
feet westerly from the intersection of Silence Drive and Pleasant Crest Drive,
from A-Agricultural Zoning District to A(PD) Zoning District, to allow 12
single-family detached dwelling units on 3.9 gross acres. (Peter and Judith Felthousen,
Owner/Developer). CEQA: Negative Declaration. Director
of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval
(6-0-0-1).
PDC
99-05-045 - District 8
(Continued
from 8/1/00 – Item 15i)
Documents Filed: None.
Discussion/Action: This item was continued to September 5, 2000.
15h PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the
property located at the west side of King Road at the westerly terminus of
Commodore Drive, from A-Agricultural Zoning District to A(PD) Planned
Development Zoning District, to allow up to 80 multi-family attached
residential units on 4.49 gross acres.
(Warner LLC, Owner; First Community Housing, Developer). CEQA:
Negative Declaration. Director of Planning, Building and Code
Enforcement recommends approval.
Planning Commission recommends approval
(7-0-0).
PDCSH
00-03-022 - District 4
Documents Filed: None.
Discussion/Action: This item was continued to August 29, 2000.
15d PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the
property located at the east side of Cypress Avenue, 40 feet northerly of Olsen
Drive, from R-1:B-8 Residence Zoning District to A(PD) Planned Development
Zoning District, to allow two single-family detached residential units on 0.37
gross acre. (Daryoush Marhamat, Owner/Developer). CEQA: Negative Declaration.
Director of Planning, Building and Code Enforcement recommends approval with
conditions. Planning Commission recommends approval with the conditions that the minimum rear setback be at least 10 feet and
that the roof of the existing historic structure be replaced by the developer
if a flat roof is structurally feasible (4-3-0).
PDC
98-09-069 – District 1
(Continued
from 3/2/99 – Item 15d et al., and 8/1/00 – Item 15c)
Documents
Filed: (1) Memorandum from Planning Commission Secretary James R.
Derryberry, dated July 27, 2000, recommending Council adopt an ordinance
approving the subject rezoning with additional conditions. (2) Memorandum from
Council Member LeZotte, dated August 15, 2000, recommending Council approve the
subject rezoning subject to specified conditions. (3) Public Hearing Notice to
consider a change in Zoning for PDC 98-09-069, dated January 5, 2000, and Proof
of Publication executed on
January 15, 1999, submitted by the City Clerk.
Discussion/Action: Vice Mayor Fiscalini 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 Planning Commission recommendation for approval of the subject rezoning with two additional conditions that included the minimum rear setback dwelling unit to be 10 feet, and that the developer be required to replace the roof of the existing historic residence with a flat roof, if determined at the PD permit stage to be structurally feasible. Gerry de Young, representing the applicant, opposed the staff recommendation to replace the existing roof with a flat roof, and supported the recommendations for window replacements and restoration of the porch. Council Member LeZotte reviewed background information on the proposal to add a second dwelling unit to a parcel currently containing a house that is listed on the City’s Historic Resources Inventory. She stated the second unit has been designed to minimize its impact on the historic house, and with the restoration of the historic house, recommended Council approval of the proposed development with the following conditions: (1) That outstanding repair and maintenance, and any future changes to the historic residence shall meet the Secretary of Interior’s Standards to the satisfaction of the Director of Planning. (2) That renovation to the historic residence shall be addressed in the initial Planned Development Permit for the project and require that all such work shall be completed prior to recordation of a Parcel Map to subdivide the subject site, and shall include (a) replacement of existing hip roof with a flat roof consistent with the original house design; (b) renovation of the porch to the original design; and (c) replacement of the sliding window with the historically correct windows. (3) That the minimum rear setback of the rear dwelling unit be 10 feet. Upon motion by Council Member LeZotte, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, the planned development rezoning approved with the conditions proposed by Council Member LeZotte, and Ordinance No. 26178, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the East Side of Cypress Avenue, 40 Feet Northerly of Olsen Drive”, was passed for publication. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
15f PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the
property located at northwest corner of Almaden Expressway and Highway 85, from
A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning
District, to allow two commercial buildings totaling 140,314 square feet on
18.2 gross acres. (Giacomazzi, Owner; The Home Depot, Developer). CEQA:
Negative Declaration. Director of Planning,
Building and Code Enforcement recommends approval. Planning Commission
recommends approval (7-0-0).
PDCSH
99-11-092 - District 9
(Continued
from 8/1/00 – Item 15k)
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated August 10, 2000, recommending Council adopt an ordinance to approve the subject rezoning. (2) Memorandum from Planning Commission Secretary James R. Derryberry, dated August 3, 2000, transmitting revised design plans for the subject project. (3) Public Hearing Notice to consider a change in Zoning for PDCSH 99-11-092, dated July 5, 2000, and Proof of Publication executed on July 14, 2000, submitted by the City Clerk.
Discussion/Action: Vice Mayor Fiscalini opened the public hearing on the planned development rezoning of the subject property. Recommending approval of the proposed rezoning, Director of Planning, Building and Code Enforcement, James R. Derryberry summarized background information on the proposed development; discussed the six special conditions of approval for inclusion in the General Development Plan related to traffic mitigation and traffic improvement requirements for the project and identified by the County as part of their review of the project’s traffic report; and pointed out that the conditions supersede those identified in the original staff report. Upon motion by Council Member Diquisto, seconded by Council Member Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26179, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Northwest Corner of Almaden Expressway and Highway 85”, was passed for publication. Vote: 8-0-2-0-1. Absent: Diaz, Gonzales. Vacant: District 4.
15g PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at northwest corner of San Felipe Road and Keaton Loop, from A-Agricultural Zoning District to A(PD) Zoning District, to allow up to 9 single family detached residences on 1.6 gross acres. (Robert E. Lyter, Owner; Braddock & Logan, Developer). CEQA: