The Council of the City of San Jose convened in Adjourned Regular Session at 3:37 p.m., for a joint meeting with the Redevelopment Agency in Council Chambers at City Hall.
Present: Council Members: Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: Chavez (excused)
Vacant: District 4
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: 9-0-1-0-1. Absent: Chavez. Vacant: District 4.
8a Joint Public Hearing
by the City Council and Redevelopment Agency Board on the proposed Neighborhood
Business Clusters Redevelopment Plan and:
(1) Adoption of
resolutions by the City Council and Agency Board approving the Report
Accompanying the Neighborhood Business Clusters Redevelopment Plan.
(2) Approval of an
ordinance by the City Council adopting the proposed Neighborhood Business
Clusters Redevelopment Plan and making certain findings.
(3) Approval of an
ordinance by the City Council approving the merger of the Neighborhood Business
Clusters Redevelopment Plan into the San José Merged Area Redevelopment
Project, and making certain findings.
(4) Adoption of a
resolution by the City Council making certain determinations pursuant to the
Health and Safety Code, Section 33445 regarding construction of public
improvements in the proposed Neighborhood Business Clusters Redevelopment
project Area.
Documents Filed: (1) Memorandum from Mayor Gonzales, dated August 31, 2000, recommending that the Redevelopment Agency Board (a) approve the formation of the Neighborhood Business Clusters as recommended by Staff and (b) direct the Mayor to send a letter to the County Board of Supervisors requesting a meeting prior to the second reading of the ordinance. (2) Memorandum from Executive Director, Susan F. Shick, dated August 29, 2000 recommending that, after the City Council and Agency Board conduct a joint public hearing, appropriate actions be taken regarding the Neighborhood Business Clusters. (3) One-Volume Binder of the Executive Director’s Reports on the Neighborhood Business Clusters Redevelopment Plan and Merger and Related Actions. (4) Letter from County Counsel Ann Miller Ravel, and Deputy County Counsel David E. Kahn, dated September 5, 2000, submitting an addendum to objections to the proposed adoption of the Neighborhood Business Clusters Redevelopment Plan and merger of the Neighborhood Business Clusters Redevelopment Plan with the San José Merged Redevelopment Project Index. (5) Letter from County Counsel Ann Miller Ravel, and County Executive Richard Wittenberg, dated August 31, 2000, objecting to the proposed adoption of the Neighborhood Redevelopment Plan and merger of the Neighborhood Business Clusters Redevelopment Plan with the San José Merged Redevelopment Project Area. (6) Letter from Redevelopment Agency Development Officer Julie C. Schaer, dated August 30, 2000, responding to General Counsel Howard E. Heller’s letter dated August 24, 2000 relating to the proposed Neighborhood Business Clusters Redevelopment Plan. (7) Hard copies of photos of the blighted conditions of the proposed areas, submitted by Santa Clara County Counsel.
Discussion/Action: Mayor Gonzales opened the joint public hearing on the proposed Redevelopment Plan, referenced the August 31, 2000 letter from the Santa Clara County Counsel’s Office that was received earlier today, and asked the City Attorney to outline the procedure for responding to the objections contained therein. City Attorney J. Richard Doyle stated the City Council/Agency Board may proceed with approval of the Plan with the requirement to file written responses to the objections after 7 days, in accordance with redevelopment law. He stated for the record that County Administration and City Staff have had numerous discussions during the past several months regarding the concerns, and that the letter and the addendum do not disclose any new allegations. He stated City Staff would prepare a formal response to the County’s objections for submission to Council when the final adoption of the ordinances is scheduled. The following individuals spoke on various aspects of the proposed Plan: Lulu Teng, William J. Garbett, and Ross Signorino. Referencing the August 31, 2000 letter from the County Counsel and the County Executive objecting to the Neighborhoods Business Clusters, Deputy County Counsel David Kahn submitted an addendum to that letter for the public record. He stated the County’s position is predicated on the proposed project that does not meet the statutory definition of blight, which objection has not been previously considered with other issues related to the CEQA review of the project. He stated the County considers the project inconsistent with both the intent and the scope of the Redevelopment Act, and therefore, has filed the objection. For the record and as a point of clarification, Vice Mayor Fiscalini queried Deputy County Counsel Kahn on whether the Board of Supervisors had authorized Mr. Kahn’s appearance before the City Council in an official capacity to convey the Board of Supervisor’s objections to the Plan – to which Mr. Kahn responded in the affirmative. Council Member Powers noted the necessity for the merger and recommended support of the proposed Neighborhood Business Clusters Redevelopment Plan with the addition of the following overriding considerations: “The final EIR for this project identified project visual and traffic impacts and cumulative traffic and circulation impacts as significant and unavoidable; however, implementation of the Neighborhood Business Clusters Redevelopment Plan will generate substantial public benefits. The intent of the Plan is to create more job opportunities for existing residents and to encourage development of and attract private investment to the 6 retail clusters, thereby increasing tax revenue for the City of San José, which meets the goals of the City’s Economic Development Strategy and Goals. The Plan also seeks to reduce vehicle trips and associated noise, air pollution and traffic impacts by providing residential uses in proximity to planned public transit centers and developing more dense residential development near new commercial facilities. This is consistent with the City’s Sustainable Cities Strategy and Balanced Community Goals. The Plan consists solely of an infill development or renovation of existing development and high density residential and commercial uses are proposed adjacent to planned light rail stations. The Plan’s objectives of revitalizing visual enhancing and redeveloping existing and under-utilized sites meets the City’s goals for infill and transit-oriented development and urban design and are consistent with the General Plan. These benefits outweigh the significant unavoidable environmental impacts”. In response to the speaker’s comments regarding new tax increments, City Attorney Doyle stated the Agency is not proposing to take any tax increment from the six new areas, as the revitalization would be fully funded by existing tax increment the Redevelopment Agency has from existing project areas. Upon motion by Council Member Powers, seconded by Council Member Diquisto and unanimously carried, the joint public hearing was closed, Resolution No. 69885, entitled: “Resolution of the Council of the City of San José Approving the Report Accompanying the Proposed Neighborhood Business Clusters Redevelopment Plan”; and Redevelopment Agency Board Resolution No. 5007, approving the report accompanying the proposed Redevelopment Plan, were adopted; Ordinance No. 26196, entitled: “An Ordinance of the City of San José Approving and Adopting the Neighborhood Business Clusters Redevelopment Plan and Making Certain Findings”; and Ordinance No. 26197, entitled: “An Ordinance of the City of San José Amending the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan and the Neighborhood Business Clusters Redevelopment Plan to Effect the Merger of Said Redevelopment Project Areas and Making Certain Findings”, were passed for publication; Resolution No. 69886, entitled: “A Resolution of the City Council of the City of San José Making Certain Findings Concerning the Neighborhood Business Clusters Redevelopment Area Formation Project For Which An Environmental Impact Report Has Been Prepared, 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”; and Resolution No. 69887, entitled: “Resolution of the Council of the City of San José Making Certain Determinations Pursuant to the Health and Safety Code Section 33445 Construction of Public Improvements in the Proposed Neighborhood Business Clusters Redevelopment Project Area”, were adopted with the Mayor to send a letter to the County Board of Supervisors requesting a meeting prior to the second reading of the ordinances. Vote: 9-0-1-0-1. Absent: Chavez. Vacant: District 4.
The Council of the City of San José adjourned at 4:00 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK