The Council of the City of San Jose convened in Regular Session at 9:30 a.m. in Council Chambers at City Hall.
Present Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent Council Members: Shirakawa, Jr. (Excused)
Upon motion unanimously adopted, the City Council
recessed to Closed Session at 9:31 a.m. in Room 600 (A) to confer with Legal
Counsel pertaining to existing litigation pursuant to Government Code Section
54956.9 Subsection (a) to consider the following cases: (1) Wilcox v City of
San Jose; and (2) San Jose Original Sports Bar v City of San Jose, et al.; (B) for the purpose of conducting Public Employee
Performance Evaluation, City Attorney, pursuant to Government Code Section
54957; and (C) to confer with Labor Negotiator pursuant to Government Code
Section 54957.6 involving City Negotiator–City Manager designee Alex Gurza, and
(1) The Association of Building and Mechanical and Electrical Inspectors, (2)
the San José Police Officers’ Association, and (3) International Association of
Firefighters Employee Organizations.
By unanimous consent, Council reconvened from Closed Session and Recessed at 11:30 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent Council Members: Shirakawa, Jr. (Excused)
Rabbi Leslye Alexander, Jewish Community Chaplain, Jewish Federation of San José, delivered the Invocation. (District 9)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Council Member Dando, seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
1.1 Presentation of the Client Achievement Award from the American Institute of Architects to Jane Light, City Librarian. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium was City Librarian Jane Light who accepted the award that was presented by Pamela Anderson Brule.
1.2 Presentation of plaques to Alexandrina Esparza for 2 years 1 month service on the CDBG Steering Committee and to Gerald Grudzen, Jr. for 2 years 1 month service on the Disadvantaged Business Development Commission.
Documents Filed: None
Discussion/Action: The plaques will be mailed, as the Commissioners were unable to attend the meeting.
1.6 Presentation of a City of San José flag and gifts to Commander Scott W. Bailey of the U.S.N.S. San José. (Mayor)
(Orders of the Day)
Documents Filed: None
Discussion/Action: Joining Mayor Gonzales at the Podium was Commander Scott W. Bailey, EM1 Nelson Habon and MM2 Long Nguyen. Mayor Gonzales presented to Commander Bailey the flags of the City of San Jose and the San Jose Sharks.
Council Member Dando was joined at the podium by Mayor Gonzalez to announce that October is Domestic Violence Awareness Month and that new signage will be placed on VTA Public Transportation, at Light Rail Stations, and all City Council Districts displaying the messages “Need a Time Out, Hurt a Loved One, Go to Jail” and “Hurt a Loved one, Go to Jail”.
Upon motion by Council Member Chavez., seconded by Council Member Williams and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.2 (a) Final adoption of Ordinance No. 26487 – Rezones certain real property situated on the north side of Balbach Street, 200 feet westerly of South Market Street. PDC 00-05-043.
Documents Filed: Proof of publication of the title of Ordinance No. 26487 executed on October 9, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26487 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(b) Final adoption of Ordinance No. 26488 - Rezones certain real property situated on the southwest side of North Capitol Avenue, approximately 240 feet northerly of Berryessa Road (1155 N. Capitol Avenue). C 01-01-003.
Documents Filed: (1) Supplemental memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated September 26, 2001, submitting a revised legal description and revised plat map for the project. (2) Proof of publication of the title of Ordinance No.26488 executed on October 9, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26488 was
adopted. Vote: 10-0-1-0. Absent: Shirakawa,
Jr.
2.3 Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund to provide for additional netting at the Rancho del Pueblo Golf Course. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated October 9, 2001, recommending Council drop the item from the agenda.
Discussion/Action: This item was dropped.
2.4 Approval of the first amendment to
the consultant agreement with PSOMAS to increase compensation by $65,000, from $135,000
to a total contract amount not to exceed $200,000, to provide assistance to San
José Municipal Water System staff in the preparation of a Water Utility
Management Plan. Council Districts 2,
4, 7, and 8. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 26, 2001, recommending Council approve the first amendment to said agreement.
Discussion/Action: The first amendment to the consultant agreement with PSOMAS was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
3.2 Report of the Rules Committee – October 3, 2001
Documents Filed: Rules Committee Report of the meeting on October 3, 2001.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
The Redevelopment Agency items to be reported out at Redevelopment Agency Board meeting.
(b) City Council
(1) Review October 16, 2001 Draft Agenda
The Committee approved the October 16, 2001 City Council Agenda with two additions.
(2) Add New Items to October 9, 2001 Amended Agenda
The Committee recommended three additions to the October 9, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
None Filed.
(d) Meeting Schedules
None Presented.
(e) The Public Record. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated September 27, 2001, listing the items transmitted to the Administration for the period September 19-25, 2001.
The Committee noted and filed the Public Record for the period September 19-25, 2001.
(f) Boards, Commissions and Committees
None Presented.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee. Attachments: (1) Memorandum from Council Member Dando, dated May 31, 2001
submitting authorization for use of Council General Funds. (2) Memorandum from
City Clerk, Patricia L. O’Hearn, dated September 28, 2001, complying with
Council Policy 9-5 regarding requests to use Council General Funds. (3) Memorandum from Assistant to the City
Manager, Deanna J. Santana, dated September 27, 2001, recommending acceptance
of staff’s report on the status of Council Referrals.
(1) Request to use Council General funds by Council Member Pat Dando to attend the National League of Cities Congress of Cities Exposition in Atlanta, GA, December 3-9, 2001.
The Committee recommended approval for Council Member Dando to use Council General funds to attend the National League of Cities Congress of Cities and Exposition in Atlanta, GA, December 3-9, 2001.
Status Report on Council Referrals for the period April-June 2001.
The Committee accepted the staff report on the status of Council Referrals for the period April-June 2001.
(h) Administrative Reviews and Approval
None Presented.
(i) Oral communications
William Garbett commented on fiscal actions relative to the Civic Center Plaza Project.
(j) Adjournment
The meeting adjourned at 2:05 P.M.
Discussion/Action: Upon motion by Council Member Dando, second by Council Member Chavez and unanimously carried, the Rules Committee Report and actions of October 3, 2001 were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
3.2 Report of the Rules Committee – October 10, 2001 (Partial)
Documents Filed: Rules Committee Report of the meeting on October 10, 2001 (Partial).
(h) Administrative Reviews and Approval. Attachment: Memorandum from Director of Intergovernmental Relations, Betsy Shotwell, dated October 3, 2001 recommending approval of the proposed designation of Council Member Dando as the voting delegate at the Annual Business Meeting for the National League of Cities.
(1) Approve voting delegate for 2001 National League of Cities Annual Business Meeting.
The Committee recommended designation of Council Member Pat Dando as the voting delegate at the December 8, 2001 Annual Business Meeting for the National League of Cities.
Discussion/Action: Upon motion by Council Member Dando, second by Council Member Chavez and unanimously carried, the Rules Committee Report and actions of October 10, 2001 were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
3.4 (a) Acceptance of the 2000-2001 City Manager’s Annual Report of the Finances and Administrative Activities of the City of San José, pursuant to the City Charter Section 701(f).
(b) Adoption of appropriation ordinance and funding sources resolution amendments in various operating and capital funds to implement 2000-2001 Annual Report recommendations and provide for appropriate technical adjustments.
(City Manager’s Office)
Documents Filed: (1) Memorandum from Budget Director, Larry D. Lisenbee, dated October 15, 2001, attaching a hard copy of staff’s PowerPoint presentation on the 2000-2001 Annual Report. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated October 15, 2001 noting the reason for replacement information. (3) Memorandum from Budget Director, Larry D. Lisenbee, dated October 9, 2001 recommending Council approve the appropriation ordinance and funding sources resolution amendments in various funds.
Discussion/Action: Budget Director, Larry D. Lisenbee, presented a comprehensive overview of the financial status of the City, including the overall and General Fund performance and comparison of estimated with actuals, beginning and available ending fund balances, additional expenditures and transfer savings, and high performing revenues from property taxes, sales taxes, Transient Occupancy Taxes, and Utility Taxes. With respect to the historic growth in the General Fund, he stated the total average growth of 6% extended through the 1990s and into 2001 with an average growth of 3.7% in the first half and 7.7% in the second half of the 1990s in Construction and Conveyance Taxes and Construction Tax Revenues. He identified the appropriate immediate steps taken by the Administration to mitigate anticipated economic downturn, since September 11 events, and pointed out the best posture available to the City involves caution, aggressive monitoring, and delay on future commitments. Referencing the General Fund Appropriation Adjustment Actions, e-Government Reserves, Council Member Reed stated due diligence would be completed prior to release of the $2 million set aside in reserves in the Fiscal Years 2001-2002 budget, therefore consideration of the $800,000 should be scheduled for Mid-Year Budget process. Upon motion by Council Member Reed, seconded by Council Member Williams and unanimously carried, the City Manager’s Annual report was accepted with the exception of the $800,000 for e-Government, which will be considered at Mid-year Budget Review; and Ordinance No. 26492, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26415 to Appropriate Moneys in Various Operating and Capital Funds; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption” and Resolution No. 70664, entitled: “A Resolution of the Council of the City of San Jose Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in Various Operating and Capital Funds” was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
3.5 Approval of proposed Supplemental Retiree Benefit Reserve and referral to City Administration for implementation. (Board of Administration for the Police & Fire Department Retirement Plan)
Documents Filed: None.
Discussion/Action: This item was deferred to October 30, 2001.
3.6 Approval of the City Council responses to the following Grand Jury Reports:
(a) Inquiry into the City of San José Police Department “Use-of-Force” Training Procedures.
(b) Inquiry into Alleged Improprieties by Mayor, Including Misuse of City of San José Funds.
(c) Review of the City of San José’s Use of Redevelopment Agency’s 20% Low and Moderate Income Housing Fund.
(d) Inquiry into the City of San José Fire Department Transfer and Assignment Policy.
(City Attorney’s Office)
(Rules Committee referral 10/10/01)
Documents Filed: (1) Memorandum from City Attorney Richard Doyle dated October 11, 2001 transmitting to the City Council copies of the Grand Jury Reports. (2) Memorandum from Chief of Police William M. Lansdowne, dated September 26, 2001, recommending Council accept the San Jose Police Department’s response to the 2000-2001 Grand Jury’s Report. (3) Memorandum from City Attorney J. Richard Doyle dated October 11, 2001 recommending Council accept the response to the 2000-2001 Grand Jury Final Report. (4) Memorandum from Acting Director of Housing, Leslye Corsiglia, dated September 19, 2001 recommending Council accept the Housing Department’s response to the 2000-2001 Grand Jury Report. (5) Memorandum from Director of Employee Relations, Alex Gurza, dated October 11, 2001, recommending Council accept the San Jose Fire Department’s response to the 2000-2001 Grand Jury report.
Discussion/Action: Regarding the element of supervision, Council Member Reed suggested Staff combine into one policy the personal relationship policy and the provisions contained in the policy governing anti-nepotism. Upon motion by Council Member Reed, seconded by Council Member Dando and unanimously carried the responses to the Grand Jury Reports were approved with the directive to staff to combine into the San Jose Municipal Code said personnel and nepotism policies. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
4.1 Report of the Economic Development & Environment Committee – October 1, 2001
Documents Filed: (1) Economic Development & Environment Committee Report of the meeting of October 1, 2001. (2) Memorandum from Mayor Gonzales and Council Members Campos, Chavez, Williams, and Yeager dated October 15, 2001, recommending Council approve the Economic Development and Environment Committee recommendation to refer the issue of “just-cause evictions” to the Mayor’s Rental Issues Task Force for its review of an upcoming consultant report on this subject. (3) Correspondence, petitions and electronic mail from individuals expressing their concern for the ‘just’ cause eviction controls.
(a) Workforce Investment Act Program Fourth Quarter Performance Report. Attachment: Memorandum from the Director of the San Jose Silicon Valley Workforce Investment Board, Blake Konczal dated September 21, 2001 recommending acceptance of the report for Fiscal Year 2001-2002.
The Committee Accepted the Staff Report.
(b) Status Report on the Mayor’s Housing Production Team Referrals. Attachment: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated September 21, 2001 addressing the recommendations of the Housing Production Team (HPT).
The Committee Accepted the Staff Report.
(c) Update on Rental Housing Action Item: Outreach, Mediation, and Evictions. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, and Acting Director of Housing, Leslye Corsiglia, dated September 24, 2001, recommending Council (1) approve the proposed public outreach and education program described in this report, including the detailed use of $100,000 in one-time funding appropriated in the FY 2001-02 Adopted Budget; and (2) refer the issues of landlord-tenant mediation and just cause eviction to the Rental Housing Task Force.
The Committee Accepted the Staff Report.
(d) Monthly Report on Affordable Housing Production. Attachment: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated September 20, 2001, attaching the Housing Department’s Monthly Housing Report.
The Committee Accepted the Staff Report.
(e) Oral petitions
Approximately 20 Individuals Spoke on Item 4.1(c).
(f) Adjournment
The Committee was adjourned at 3:36 P.M.
Discussion/Action: Recommending approval of the Committee report of October 1, 2001, Council Member Williams noted the modification to Item 4.1c, made by Council Member Cortese, regarding the request that the Housing Task Force Report be returned to Council via the Economic Development and Environment Committee. He stated the Committee approved staff’s referral of the “Just Cause” eviction and mediation to the Rental Housing Task Force. Mayor Gonzales endorsed the recommendation of the Committee to refer the Cotton, Bridges and Associate report on “Just Cause” eviction policies to the Mayor’s Rental Housing Task Force for review, discussion and recommendations. He stated the first priority of the task force is to find creative, effective, and practical solutions to meet the tangible challenges facing San Jose tenants and landlords. Due to the importance of these rental issues, he stated the Task Force should forward any recommendations to the Mayor’s Office within six months, which approach will allow the Task Force to proceed quickly. Noting the City’s awareness of allegations that landlords are unjustly evicting tenants, he asked that any San Jose tenant who has experienced or has information regarding such evictions, should contact the Mayor’s Office for investigation. He asked City Administration and San Jose residents to focus on the shared goal of safe and affordable housing, stable families and strong neighborhoods, and that the strategy be based on facts and relevant data. The following individuals spoke on “Just Cause” committee recommendation: Sandy Adams; Nick Chow; Jeanette Tucker; Anabel Ibanez; Rebecca Gallardo; Jim Cunneen, San Jose Silicon Valley Chamber; Michael Fitzgerald; Patricia Garcia; Kathy Thibodeaux; Saul Wachter; Sandy Perry; Yvonne Vazquez; John Doherty; Ken Eoff; Rusty Lutz; Rachel Nguyen; Jose Mendoza; Doris Frank-Liu; and Bill Ellington. During Council discussion of the issue of “Just Cause Evictions”, staff was directed to develop a process that would address the prevention of fraud, discrimination, retaliation and harassment by landlords; that the recommendations from the Task Force be returned to Council as the information is finalized; that the task force assume this responsibility as a top priority and report to Council with an analysis and data regarding the scope of the problem. Upon motion by Council Member Williams, seconded by Council Member Chavez and unanimously carried, the Economic Development and Environment Committee Report and actions of October 1, 2001 were accepted (1) with the correction that the Housing Task Force report will be brought back to Council through the Economic Development and Environment Committee; (2) the recommendation submitted by Mayor Gonzales and Council Members Chavez, Campos, Williams, and Yeager to refer the issues of “Just Cause” evictions to the Mayor’s Rental Issues Task Force for it’s review of an upcoming consultant report on this subject was accepted, (3) the Task Force directed to take up the “Just Cause” issue early and get it back to Council with analysis and data regarding the scope of the problem. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
4.2 Approval of the Chief Local Elected Official’s new appointments to the Workforce Investment Board and the Youth Council. (Economic Development)
Documents Filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated September 26, 2001, recommending Council approve new appointments.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Chavez and unanimously carried, the new appointments to the Workforce Investment Board - Glenn Fishler, Tina Tovar and Matthew W. Schuyler – and the Youth Council – Clyde Ortiz and Tammy Rojas – were approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
4.3 Adoption of a resolution acknowledging a TEFRA Hearing for the issuance of up to $11,000,000 in tax-exempt multifamily housing revenue bonds for the Betty Anne Gardens Apartments Housing Development located at 945 & 955 North King Road. Council District 4. (Housing/Finance)
Documents Filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing, Leslye Corsiglia, dated September 26, 2001, recommending Council hold the hearing for the issuance of said tax-exempt bonds, and adopt said resolution. (2) Notice of Public Hearing on the issuance of tax exempt and multi housing revenue bonds for the Betty Anne Gardens Project, dated September 21, 2001, submitted by the City Clerk. (3) Renotice of Public Hearing on the issuance of tax exempt and multi housing revenue bonds for the Betty Anne Gardens Project, dated September 21, 2001, and Proof of Publication executed on October 2, 2001, and submitted by the City Clerk. (4) Affidavit of Posting of the notice of Public Hearing, dated October 2, 2001, and submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the TEFRA hearing for
the issuance of tax-exempt multi-family housing revenue bonds. There was no
discussion from the Floor. Upon motion by Council Member Dando, seconded by
Council Member Reed and unanimously carried, the public hearing was closed, and
Resolution No. 70665, entitled: “A Resolution of the City of San Jose Holding a
TEFRA Hearing and Authorizing the Issuance of Tax Exempt Debt for the
Acquisition, Construction and Development of Multifamily Housing (The Betty Ann
Garden Apartments Affordable Housing Project)”, was adopted. Vote:
10-0-1-0. Absent: Shirakawa, Jr.
4.4 Adoption of a resolution acknowledging a TEFRA Hearing for the issuance of up to $35,000,000 in tax-exempt multifamily housing revenue bonds by the California Statewide Community Development Authority for the acquisition and rehabilitation of a 354-unit Valley Palms Apartments Housing Development located at 2155 to 2245 Lanai Avenue. Council District 7. SNI: West Evergreen. (Housing/Finance)
Documents Filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslye Corsiglia, dated September 26, 2001, recommending Council take appropriate actions regarding the Valley Palms Apartments Housing Development. (2) Affidavit of Posting of the Notice of Public Hearing to consider approval of the issuance of tax-exempt revenue bonds, dated October 2, 2001 submitted by the City Clerk. (3) Notice of Public Hearing on the California Statewide Communities Development Authority’s intent to issue tax-exempt revenue bonds, dated September 21, 2001, and Proof of Publication of the corrected notice of the Public Hearing executed on October 1, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the TEFRA hearing for the issuance of tax-exempt multi-family housing revenue bonds. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, the public hearing was closed, and Resolution No. 70666, entitled: “A Resolution of the City Council of the City of San Jose, California, Approving the Issuance of Multifamily Housing Revenue Bonds by the California Statewide Communities Development Authority for the Valley Palms Apartments” was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
4.5 (a) Adoption of a resolution accepting a $500,000 CalHome Program grant from the California Department of Housing and Community Development for funding the rehabilitation of owner-occupied homes and authorizing the Director of Housing to execute the grant agreement and any amendments or other documents necessary to implement the Program.
(b) Adoption of appropriation ordinance and funding sources resolution amendments in the Home Investment Partnership Program Fund in the amount of $500,000.
(Housing/City Manager’s Office)
Documents Filed: Memorandum from Acting Director of Housing Leslye Corsiglia, and Budget Director Larry D. Lisenbee, dated September 26, 2001, recommending Council adopt said resolution and appropriation ordinance and funding source resolution amendments in the Home Investment Partnership Program Fund.
Discussion/Action: Upon motion by Council Member
Dando, seconded by Council Member Reed and unanimously carried, Resolution No. 70667,
entitled: “A Resolution of the Council of the City of San Jose Accepting a
$500,000 CalHome Program Grant From the California Department of Housing and
Community Development for Funding the Rehabilitation of Owner-Occupied Homes
and Authorizing the Director of Housing to Execute the Grant Agreement and Any
Amendments or Other Documents Necessary to Implement the Program”; Ordinance
No. 26493, entitled: “An Ordinance of the City of San Jose Amending Ordinance
No. 26415 to Appropriate Moneys in the Home Investment Partnership Program Fund
in the Amount of $500,000 for Rehabilitation of Owner-Occupied Homes; and
Providing That This Ordinance Shall Become Effective Immediately Upon
Adoption”; and Resolution No. 70668, entitled: “A Resolution of the Council of
The City of San Jose Amending Resolution No. 70438 Setting Forth the Estimated
Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Home
Investment Partnership Program Fund, were adopted. Vote: 10-0-1-0.
4.6 Adoption of a resolution:
(a) Approving business terms for a construction loan
of up to $2,012,347 and a permanent loan of up to $1,910,823 to Shiraz Senior
Housing, L. P., or its affiliate, for the development of the Shiraz Senior
Housing Apartments, a 61-unit housing development affordable to very low-income
senior households secured by a leasehold interest in a 1.55 acre site located
at 1275 McLaughlin Avenue, south of Owsley Avenue.
(b) Approving business terms for a permanent loan of
up to $1,882,653 to ROEM Development Corporation secured by the underlying fee
title of the 1.55-acre site located at 1275 McLaughlin Avenue, south of Owsley
Avenue.
Council District 7. SNI: Tully/Senter. (Housing)
Documents Filed: (1)
Supplemental memorandum from Acting Director of Housing, Leslye Corsiglia,
dated October 11, 2001, noting the reason for replacement supplemental report
and recommending Council adopt said resolution. (2) Supplemental Memorandum
from Acting Director of Housing, Leslye Corsiglia, dated October 9, 2001,
noting the reason for supplemental report and recommending Council approve
business terms for construction of the senior housing apartments project. (3)
Memorandum from Acting Director of Housing, Leslye Corsiglia, dated September
26, 2001, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Dando., seconded by Council Member Reed and unanimously carried, Resolution No. 70669, entitled: “A Resolution of the Council of the City of San Jose (i) Approving Business Terms for a Construction Loan of Up to $2,021,347.00 and a Permanent Loan of Up to $1,667,861 to Shiraz Senior Housing, L.P., or its Affiliate, for the Development of the Shiraz Senior Housing Apartments, a 61-Unit Housing Development Affordable to Very Low-Income Senior Households Secured by a Leasehold Interest in a 1.55 Acre Site Located at 1275 McLaughlin Avenue, south of Owsley Avenue and (ii) Approving Businesses Terms for a Permanent Loan of Up to $1,910,823 to Roem Development Corporation Secured by the Underlying Fee Title of the 1.55 Acre Site Located at 1275 McLaughlin Avenue, South of Owsley.”, were adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
5.2 Report on bids and award of contract for the construction of the West Valley Branch Library Project to the low bidder, in an amount not to exceed $5,650,000. CEQA: Negative Declaration. Council District 1. (Public Works)
(Deferred from 10/2/01 – Item 5.4)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 11, 2001 noting the reason for supplemental and recommending a two week deferral.
Discussion/Action: This item was deferred to October 30, 2001.
5.4 Approval of the following actions:
(a) Report on bids and award of contract for the
Brigadoon Park Renovation Project to the low bidder, HRB Construction, Inc., in
the amount of $526,510 to include the base bid and Add Alternate No. 1, and
approval of a contingency in the amount of $50,000. CEQA: Exempt.
(b) Adoption of appropriation ordinance amendments in
the Council District 8 Construction and Conveyance Tax Fund in the amount of
$70,000.
CEQA: Exempt. Council District 8. SNI: West Evergreen.
(Public Works/City Manager’s Office)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, and Budget Director, Larry D. Lisenbee, dated September 26, 2001 recommending Council accept the bid report, award the contract to the low bidder, and adopt the appropriation ordinance amendments.
Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Dando and unanimously carried, the report on bids was accepted and award of contract to HRB Construction, Inc., the low bidder, and the contingency amount were approved, and execution of the contract authorized; and Ordinance No. 26494, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26415 to Appropriate Moneys in the Construction Tax and Property Conveyance Tax Fund in the Amount of $70,000 for Brigadoon Park Re-bid Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption” was adopted. Vote: 10-0-1-0.
7.1 Adoption of a resolution:
(a) Approving an amendment to the
Cooperation Agreement between the City of San José and Calpine/Bechtel to allow
a 30" pipeline in the Silver Creek Alignment and appropriate financial
responsibilities of the parties.
(b) Approving the financing plan for the
South Bay Water Recycling Silver Creek Alignment to provide recycled water to
Metcalf Energy Center and other potential users along the new alignment; and
authorizing the City Manager to negotiate and execute agreements with the City
of Santa Clara, the Treatment Plant Tributary Agencies, Calpine/Bechtel and
associated entities, and the Santa Clara Valley Water District to implement the
financing plan.
CEQA: Resolution No. 64667. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 12, 2001, recommending Council approve an amendment to the said agreement. (2) Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 3, 2001, recommending Council adopt said resolution. (3) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated October 11, 2001 recommending adoption of said resolution. (4) Correspondence from San Jose Silicon Valley Chamber of Commerce President and CEO, Jim Cunneen, dated October 16, 2001 supporting Staff’s recommendation.
Discussion/Action: During Council deliberation of the financing plan, Council Members Dando and LeZotte expressed their desire for provisions to be included in the agreement that would condition the City’s consent to a stipulation that Calpine pay incremental or additional construction costs and that those costs be specified in a cost-sharing agreement. Indicating their support for the City Attorney’s proposal regarding the conditional payment of expenses and conditional intent of expansion, they declined to support the recommended action between the City and Calpine. The following individuals spoke in support of the proposed amendments and financing plan: Margaret Bruce, Silicon Valley Manufacturing Group; Ken Abreu, Development Manager of Calpine/Bechtel Center; Neil Struthers, CEO of the Building Trades Council; Jim Cunneen, CEO of San Jose Silicon Valley Chamber of Commerce; Tony Estremera, Board Chair Santa Clara Valley Water District. William J. Garbett spoke against the proposed action. Upon motion by Council Member Williams, seconded by Council Member Diquisto and carried, Resolution No. 70670, entitled: “A Resolution of the Council of the City of San Jose Approving Amendment of the Cooperation Agreement With Calpine/Bechtel in Connection With the Proposed Metcalf Energy Center Power Plant, Approving the Financing Plan for the South Bay Water Recycling Silver Creek Alignment to Serve Metcalf Energy Center and Authorizing the City Manager to Negotiate and Execute Related Documents”, was adopted. Vote: 8-2-1-0. Noes: Dando, LeZotte. Absent: Shirakawa, Jr.
7.2 Acceptance of the report and authorization to transmit formal comments to the Regional Water Quality Control Board related to the third draft of the Tentative Order for the Stormwater NPDES Permit including the proposed New Development and Redevelopment provisions. (Environmental Services)
Documents Filed: (1) Informational Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 2, 2001, submitting a status of the Stormwater NPDES Permit. (2) Memorandum from Director of Environmental Services Carl W. Mosher, Acting Director of Planning, Building and Code Enforcement Joseph A. Horwedel, Director of Transportation Wayne K. Tanda, and Acting Director of Public Works Rajeev Batra, dated October 15, 2001, recommending Council accept the report and authorize it’s transmittance to the Regional Water Quality Control Board.
Discussion/Action: Carl Mosher stated that the City Council authorized submittal of comments on the revised Tentative Order related to the New Development and Redevelopment provisions of the Stormwater NPDES Permit and provided direction for the next round of negotiations. He stated City staff met with the Regional Board and other co-permittees on September 28, 2001 to discuss the proposed language and to develop a schedule for the next steps. He stated the Regional Board public hearing will occur in Oakland, California, on October 17, 2001 for the purpose of receiving testimony and determining appropriate action. The following individuals commented on the staff analysis: Patrick Ferraro, Silicon Valley Pollution Prevention Center; Amy Glad, Home Builders Association of Northern California; Margaret Bruce, Silicon Valley Manufacturing Group; Loretta Barsamian, Executive Officer California Regional Water Quality Control Board; Stanley M. Williams, CEO Santa Clara Valley Water District.
Upon motion by Council Member Diquisto, seconded by Council Member Chavez and unanimously carried, the report was accepted and comments related to the Tentative Order for the Stormwater NPDES Permit were authorized to be submitted to the Regional Water Quality Control Board. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
8.1 Approval of standards for customer service, assurance of labor peace and driver due process for Yellow Checker Cab Co., Inc. and United Taxicab Corporation for the On-demand Taxicab Services Concession Agreements at the San José International Airport. (Airport)
[Deferred from 9/18/01 – Item 8.2 and 9/25/01 - Item 8.2(a)]
Documents Filed: (1) Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 10, 2001, recommending Council approve standards for customer service for the On-demand Taxicab Services Concession Agreements. (2) Correspondence from Tracy A. Verdugo, Commercial Lines Department of Placer Insurance Agency, dated September 21, 2001 stating Tejinder Singh is being excluded from Auto Policy due to unacceptable company guidelines.
Discussion/Action: Airport Operations Manager Bob Lockhart reviewed background information relative to San José International Airport’s on-demand taxicab concession and Council’s actions taken to date; reviewed the information requested on the benchmark standards for customer service, assurance of labor peace, and driver due process prior to the final negotiation of the new concession agreements; and requested Council approval of the Staff recommendation, including a sixth-month report that would address actual performance in meeting proposed customer service standards, compliance with due process, and remedies taken to resolve performance issues. With respect to the Taxicab Advisory Team and its mission, he stated a work plan for the 20-member group would be developed and distributed to the City Council; that service enhancements and recommendations addressed by the Advisory Team would be incorporated in the standards for the taxicab industry in the City of San José; and that the Task Force would add to the work plan the issue of mediation and whether the process addresses the needs of company owners as well as taxicab drivers. The following individuals addressed Council on the Taxi Cab Concession: Margee Jansen, United Cab; Rolenda Pannell, Alpha Cab; Mekonnen Woldajbial, Alpha Cab; Zora Sing Mangat, Alpha Cab; Mola Gebeye, Golden Star Cab; Larry Silva, Yellow Cab Company; Tejinder Singh; Seyoum Asrat; Daniel Dockin, United Cab; Ron Lind, UFCW. Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, the staff recommendation to approve standards for customer service and assurance of labor peace for Yellow Checker Cab Co. Inc. and United Taxicab Corporation, was approved with the discussion of driver due process referred to the Task Force for appropriate revisions. Vote: 11-0-1-0. Absent: Shirakawa, Jr.
8.2 Approval to award the sole-source purchase of Commute-a-Walk, Airport Covered Walkways, to Infra-Structures Inc., for a total cost of $1,749,592, including tax, delivery, and installation, and authorization for the Director of General Services to execute the purchase order. CEQA: Resolution No. 67380. (General Services)
Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated September 26, 2001, recommending Council award said purchase to Infra-Structures, Inc. as a sole source, and authorize the Director of General Services to execute the purchase order.
Discussion/Action: Upon motion by Council Member Chavez., seconded by Council Member Dando and unanimously carried, the award of sole-source purchase to Infra-Structures, Inc. was approved and execution of the purchase order authorized.
Vote: 10-0-1-0. Absent: Shirakawa, Jr.
9.1 Report on bids and award of contract for the Police Administration Building Seismic Upgrade Project to the low bidder, CSB Construction, for the base bid and Add Alternate No. 1 in the amount of $1,761,033, and approval of a contingency in the amount of $150,000. CEQA: Exempt. (Public Works)
Documents Filed:: Memorandum from Acting Director of Public Works Rajeev Batra, dated September 26, 2001 recommending Council accept the bid report and award said contract and approve the contingency amount.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Chavez and unanimously carried, the report on bids was accepted, the award of contract to CSB Construction, the low bidder and the contingency amount were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
9.2 Status Reports on Emergency Preparedness. (Reed)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Member Cortese, dated October 16, 2001 with recommendations on security assessments. (2) Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 11, 2001, providing an informational update on the actions taken at the Airport since the September 11, 2001 events, and providing an overview of the current status of the airport and anticipated actions, regulations, or changes that may occur. (3) Memorandum from Director of Emergency Services, Frances Edwards Winslow, dated October 11, 2001, recommending Council accept the status report on emergency preparedness.
Discussion/Action: Frances Edwards-Winslow, Ph. D., CEM Director, Office of Emergency Services, and Chief of Police William M. Lansdowne, presented a comprehensive summary of the Emergency Preparedness Program for the City of San Jose. They defined Emergency planning, beginning in 1990 regarding Community Risk Assessment, Emergency Operations Plan, Planning for medical response needs, and Involvement of Amateur radio operators partnered with San Jose Prepared! With the use of a PowerPoint presentation, they discussed the City’s inclusion in the Federal Governments Domestic Preparedness Program, which was implemented in April, 1997 in San Jose and other California cities, and discussed the Metropolitan Medical Task Force and Medical Response System components of the response plan. They identified the six Federal Partner Agencies - Department of Defense, Department of Health and Human Services/Public Health Service, and the Department of Justice/Federal Bureau of Investigation – and explained consequence management involving Federal Emergency Management Agency, Environmental Protection Agency and the Department of Energy. Director of Aviation, Ralph G. Tonseth described security measures set forth at the San Jose International Airport and provided an overview of the current status of the Airport and anticipated actions, regulations or changes that may occur. Dr. Edwards-Winslow suggested all residence prepare to care for themselves and their families for a minimum of 72 hours, in the event of a disaster. Council Member Reed asked the City Manager to use Channel 37A system to broadcast Dr. Winslow’s presentation in it’s entirety and to communicate this information to the general public. Referencing his memorandum co-authored by Mayor Gonzalez, Council Member Cortese urged Council to approve the suggested actions and that the City Attorney prepares a report to be received in closed session. Upon motion by Council Member Cortese, seconded by Council Member Reed and unanimously carried, the status report was accepted and the recommendation contained in the October 16, 2001 memorandum that (1) directed the City Manger to coordinate with the appropriate departments, including the Auditor and Attorney’s office, to conduct an immediate analysis of security issues with respect to the vulnerability of City facilities and systems; (2) directed the Administration to return to Council on October 23, 2001 with a report containing additional immediate steps which can be taken (or have been taken) to reduce our vulnerability along with a plan with timelines for a long-term vulnerability assessment, which would address those issues requiring a more sustained effort to correct; (3) directed the Administration to create a City of San Jose Emergency Preparedness Task Force at the direction of the Mayor’s Office that will continue to monitor, make recommendations, and refer issues pertinent to security to the Mayor and City Council for action and approval; and (4) directed the Administration to explore ways to publicize emergency preparedness information to the general public, was approved. Vote: 11-0-10-0. Absent: Shirakawa, Jr.
Notice of City Engineer’s Pending Decision on Final Maps. In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:
|
Tract |
Location |
Council District |
Developer |
Units |
Type |
Decision |
|
9281 |
S/s of Yerba Buena Rd. E/o U.S. 101 |
8 |
Ponderosa Homes |
38 lots |
SFDR |
Approve |
|
9357 |
Silver Creek Valley Rd. |
8 |
Pacific |
14 lots |
SFDR |
Approve |
In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:
|
Tract |
Location |
Council District |
Developer |
Units |
Type |
Decision |
|
9380 |
S/s of Yerba Buena Rd. E/o U.S. 101 |
8 |
Ponderosa Homes |
38 lots |
SFDR |
Approve |
Robert Fleckenstein, Operating Engineers Local 3, commented on BFI’s recycling campaign and the rights of employees to organize. City Manager’s Office to meet with speaker.
Following Open Forum, Council recessed at 6:00 p.m. and reconvened 7:05 p.m. in Council Chambers, City Hall.
Present Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent Council Members: Shirakawa, Jr. (excused)
Assistant City Clerk, Nancy Alford, read the requests for continuances of the applications. Upon motion by Council Member Cortese, seconded by Council Member Reed and unanimously carried, the below noted continuances were granted.
Vote: 10-0-1-0. Absent: Shirakawa, Jr.
11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Bascom and Moorpark Avenues, from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow an office/classroom building up to a maximum of 80,000 square feet on 1.55 gross acres. (The Rajkovich 1992 Revocable Trust, The Martin Rajkovich 1992 Revocable Trust, Owner; Green Valley Corporation, Developer).
PDC01-03-043 - District 6
Documents Filed: None.
Discussion/Action: This item was continued to November 6, 2001.
11.7 PUBLIC HEARING ON CONFORMING PREZONING of the property located on the south side of Curtner Avenue approximately 750 feet easterly of Highway 87, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 535 single-family and multi-family attached dwelling units on 60.2 gross acres. (MTA Properties, Owner; Summerhill Homes, Developer). CEQA: Negative Declaration.
PDC01-01-001 - District 7
Documents Filed: None.
Discussion/Action: This item was continued to November 6, 2001.
4.1 Report of the Economic Development & Environment Committee – October 1, 2001
(c) Update on Rental Housing Action Item: Outreach, Mediation, and Evictions.
Discussion/Action: Acknowledging receipt of several Request To Speak cards from citizens interested in affordable housing, Mayor Gonzales stated the City of San Jose and the City Council are committed to rental housing actions, safe homes and fairness for renters in the City of San Jose. He stated this Administration is committed to continuing to prove that the City of San Jose is the Bay Area leader insuring housing that is affordable at all income levels. He stated the City’s rent control ordinance in the County covers 2/3 of all rental homes in San Jose; and that San Jose has an extensive mediation services program to help tenant and landlord disputes along with aggressively cracking down on slumlords and handing out punishment for violations and fixing unsafe conditions. He stated the City is committed to continuing these efforts and expanding outreach to help renters know these services are available to them and to help them understand their rights. He acknowledged the Councils approval of the recommendations will further assist tenants to continue to live in safe and affordable housing in San Jose which actions include: (1) Looking at developing additional penalties for landlords who evict tenants for the sole purpose of raising rents. (2) Aggressively targeting and prosecuting slumlords to improve housing conditions and safety for San Jose families. (3) Launching a comprehensive public education and outreach program to insure all renters and landlords know their rights under San Jose’s rent control ordinance. (4) Working to prevent the conversion of Federal Section 8 housing units or rent vouchers to market rate units when ever feasible, which will help protect the existing supply of affordable housing in the San Jose community. He stated the recent naming of the Mayor’s Rental Housing Task Force is to study issues effecting renters with the goal being to protect the stability of families, preserve existing affordable housing and strengthen neighborhoods. Mayor Gonzalez continued by stating the first priority of the Rental Housing Task Force must be to find creative, practical and effective solutions to meet the real challenges facing San Jose tenants and landlords. With his support, he stated the City Council will be referring the issue of Just Cause Eviction to the Rental Housing Task Force for review, discussion and recommendations, which was approved by the City Council during today’s afternoon session, within the 6 month time frame; and that the Task Force will help the City Council examine all sides of the issue; it’s impact and include the entire community during its deliberations.
Stating his awareness of allegations that some landlords are unjustly evicting tenants in order to raise their rents, Mayor Gonzales asked for the Communities help requesting that they contact the Mayor’s office to work with city staff to investigate the allegations with documented facts to help the Council develop the right tools to help San Jose Renters and tenants who believe they are being or have recently been unjustly evicted. The City Council must base the policy decision on facts and relevant data, not emotion. Involving all stakeholders in the community as much as possible and focusing on solutions, not rhetoric, we can achieve results that work for San Jose families. Because Council action on this item was taken during the afternoon session, Item 4.1, no further action is necessary; however, Mayor Gonzales acknowledged the following five individuals who spoke to the issue of “Just Cause Evictions”: Jane Herman Patricia Garcia, Father Bill Ellington, Lilia Halencia, and John Doherty.
5.3 Consideration of Parks and Recreation Commission recommendation to name a proposed plaza area between Oak and Edward Streets in District 3 the “Brenda Lopez Memorial Plaza.” (Parks and Recreation Commission/City Clerk)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated October 5, 2001, recommending Council consider the recommendation of the Parks and Recreation Commission to name a small plaza between Oak and Edward Streets “Brenda Lopez Memorial Park.”
Discussion/Action: The following individuals spoke in favor of the recommendation: Omar
Torres; Miguel Nava, Washington Volunteer Group; Mark Lopez, Washington
School/Community; Julian Garcia, Brenda Lopez Folklorico Group; Magda
Candelario, Brenda Lopez Folklorico Group. Upon motion by Council Member
Chavez, seconded by Council Member Dando and unanimously carried, Council approved
the Parks and Recreation Commission recommendation. Vote: 10-0-1-0. Absent:
Shirakawa, Jr.
1.3 Presentation of a commendation to Bret Harte Middle School for raising funds to send teddy bears to young children who attended San José Day Nursery in New York City. (Dando)
(Rules Committee referral 10/10/01)
Documents Filed: None
Discussion/Action: Council Member Dando joined Mayor Gonzales at the Podium and introduced Bret Harte Middle School Principal Elaine Farace, Vice Principal Bonnie Kay Calder, Leadership Director Erin Lee, Student Body President Ashley Chang, and Leadership 2K Director Richard Wellington. Mayor Gonzales presented the commendation to Bret Harte and congratulated the students for their concern for the children affected by the September 11th tragic event.
1.4 Presentation of a commendation from Council Member Dando and the Red Cross to the Federation of Vietnamese-Americans of Northern California for raising over $100,000 for the Red Cross to assist the victims and families of the September 11, 2001 tragic event. (Dando)
(Rules Committee referral 10/10/01)
Documents Filed: None
Discussion/Action: Council Member Dando joined Mayor Gonzales at the Podium and introduced Hy Nguyen, Spokesperson for the Federation of Vietnamese-Americans of Northern California, and Scott Windor, CEO of The American Red Cross who thanked the Federation for their generous contribution.
1.5 Presentation of a commendation to the Services for Brain Injury (SBI) for Brain Injury Month. (Dando)
(Rules Committee referral 10/10/01)
Documents Filed: None
Discussion/Action: Council Member Dando joined Mayor Gonzales at the Podium and introduced The Mayor of Monte Serreno, Barbara Nesbet, Maruice Webb, Past Chair of the Brain Injury Board, and Dr. David Messucci, who introduced two Touchstone participants Matt Whinfrey and Catherine Puckett.
11.1 PUBLIC HEARING and approval of an ordinance amending several sections of Title 20 of the San Jose Municipal Code to do all the following: modify the parking requirements for certain industrial land uses; revise provisions pertaining to public eating establishments in industrial zoning districts; include provisions pertaining to setbacks for mechanical equipment in planned development districts; and modify provisions pertaining to social service uses. CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2). (Citywide).
(Continued from 9/18/01 – Item 11.1)
Documents Filed: (1) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 5, 2001 recommending Council approve the proposed ordinance. (2) Renotice of the Public Hearing on an ordinance to amend the Zoning Code of the City of San Jose, dated September 31, 2001, and Proof of Publication of the Renotice executed on September 21, 2001, submitted by the City Clerk. (3) Notice of the Public Hearing on an ordinance to amend the Zoning Code of the City of San Jose, dated August 28, 2001, and Proof of Publication of the Notice executed on August 31, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the amendment to the San Jose Municipal Code. The following individuals spoke in support of the staff recommendation: Jim Black, Sobrato Development; and Pat Sausedo, Executive Director, NAIOP, Silicon Valley. Upon motion by Council Member LeZotte, seconded by Council Member Dando and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26495, entitled: “An Ordinance of the City of San Jose Amending Various Chapters of Title 20 of the San Jose Municipal Code by Amending Sections 20.90.060, 20.50.100, and 20.100.910, and by Adding Sections 20.60.080, 20.200.415, 20.200.1162 and 20.200.1163 to Modify the Parking Requirements for Certain Industrial Land Uses, to Revise Provisions Pertaining to Public Eating Establishments and Social Service Agencies in Industrial Zoning Districts, and to Establish Provisions Related to Setbacks for Certain Equipment in Planned Development Districts”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
11.2 PUBLIC HEARING ON STREET NAMING to allow the naming of two public streets at the northerly terminus of Great Oaks Boulevard, westerly of Monterey Highway and northerly of State Route 85 “Great Oaks Court” and “Exchange Way.” (1-Star San José, LLC, Owner/Developer). CEQA: Resolution No. 70021. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).
District 2
(Continued from 9/18/01 – Item 11.2)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 4, 2001, recommending Council approve the proposed Street Naming.
Discussion/Action: Mayor Gonzales opened the public hearing on
the proposed street naming. There was no discussion from the Floor. Upon motion
by Council Member Williams, seconded by Council Member Reed and unanimously
carried, the public hearing was closed, the Planning Commission recommendation
approved, and Resolution No. 70671, entitled: “Resolution of the City Council
of the City of San Jose Naming of Two Public Streets Adjacent to a Previously
Approved Communications Service Exchange Facility Located at the Northerly
Terminus of Great Oaks Boulevard, Westerly of Monterey Highway and Northerly of
State Route 85, to Great Oaks Court and Exchange Way”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Meridian Avenue and Branham Lane, from CP-Commercial Zoning District to A(PD) Planned Development Zoning District, to allow the addition of a carwash facility at an existing gas station site on 0.53 gross acre. (Mehdi Medhipour/Chevron, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).
PDC 00-08-069 - District 9
(Continued from 8/14/01 – Item 11.10 et al., and 10/2/01 – Item 11.1)
Documents Filed: (1) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 4, 2001, recommending Council approve the subject rezoning. (2) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated September 26, 2001, transmitting the Staff report on PDC 00-08-069 and recommending approval of the proposed rezoning.
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 Diquisto, seconded by Council Member Dando and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26496, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated at the Southwest Corner of Meridian Avenue and Branham Lane from CP-Commercial Zoning District to A(PD) Planned Development Zoning District”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeastern corner of U.S. Highway 101 and Silver Creek Valley Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow a hotel, athletic club, and office uses on 10.48 gross acres. (Steve Sund, McCandless Companies, Owner/Developer). CEQA: Resolution No. 67245. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (4-1-2).
PDC 00-10-109 - District 2
(Continued from 9/18/01 – Item 11.6)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Member Williams, dated October 12, 2001, recommending uphold the Planning Staff’s recommendation and proposed conditions. (2) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 4, 2001, recommending Council approve the proposed rezoning. (3) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated September 6, 2001, transmitting the Staff report on PDC 00-10-109 and recommending approval of the subject Planned Development Rezoning. (4) Public Hearing Renotice to consider a change in Zoning for PDC00-10-109 dated September 12, 2001, and Proof of Publication executed on September 18, 2001, submitted by the City Clerk. (5) Public Hearing Notice to consider a change in Zoning for PDC00-10-109 dated July 30, 2001, and Proof of Publication executed on August 10, 2001, 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 Williams, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26497, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated at the Southeasterly Corner of U.S. Highway 101 and Silver Creek Valley Road to A (PD) Planned Development Zoning District”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at northeast corner of Bascom Avenue and Samaritan Drive, from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow up to 70,500 square feet of medical offices and a five level, 525 space parking structure on 5.4 gross acres. (Samaritan Medical Center, c/o David Henderson, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-1-0).
PDC 00-06-055 - District 9
(Continued from 10/2/01 – Item 11.6)
Documents Filed: (1) Memorandum from Acting Director of
Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 11,
2001, recommending Council approve the proposed rezoning with staff
recommendations. (2) Memorandum from Acting Director of Planning, Building and
Code Enforcement, Joseph A. Horwedel, dated October 5, 2001, transmitting the
Staff reports on PDC 00-06-055 and recommending approval of the subject Planned
Development Rezoning. (3) Public Hearing Notice to consider a changer in zoning
for PDC00-06-055 dated August 22, 2001, and proof of publication executed on
August 31, 2001, submitted by the City Clerk. (4) Public Hearing Renotice to
consider a change in zoning for PDC00-06-055 dated September 17, 2001, and
Proof of Publication executed on September 21, 2001, submitted by the City
Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Dave Henderson, Samaritan Medical Center, spoke in support of the rezoning. The following individuals spoke in opposition to the proposed development: Lynn Yu, Lost Oaks Home Owners Assoc.; Diane Johnsen, Lost Oaks Homeowners Association; Linda Schultz; George Stuckert; Carolyn Norris, Cambrian Community Council. Upon motion by Council Member Diquisto, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved with the condition that the land use plan be revised to reflect finalization of traffic-calming issues prior to the issuance of the PD Permit, and Ordinance No. 26498, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated at the Northeast Corner of South Bascom Avenue and Samaritan Drive from CP-Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
11.8 PUBLIC HEARING ON CONFORMING REZONING of the property located at the east side of Morrill Avenue, approximately 112 feet northerly of Tobin Drive, from A Agricultural Zoning District to R-1-8 Residential Zoning District, to allow residential uses on 0.382 gross acre. (Yoshito and Aiko Ouchida, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval.
C 01-07-069 - District 4
Documents
Filed: (1) Department of
Planning, Building and Code Enforcement Staff Report on Project File Number C01-07-069,
dated September 26, 2001, recommending approval of the proposed conforming
rezoning. (2) Public Hearing Notice to consider a change in Zoning for
C01-07-069, dated September 27, 2001, and Proof of Publication executed on
October 5, 2001, submitted by the City Clerk. (3) Public Hearing Renotice to
consider a change in Zoning for PDC00-08-069 dated September 17, 2001 and Proof
of Publication of the Renotice executed on September 21, 2001, submitted by the
City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Reed, seconded by Council Member Dando and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26499, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated on the East Side of Morrill Avenue, Approximately 112 Feet Northerly of Tobin Drive”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
11.9 PUBLIC HEARING ON CONFORMING REZONING of the property located at the northeast corner of North Capitol Avenue and McKee Road, from CP (PD) Planned Development Zoning District to CG General Commercial Zoning District, to allow commercial uses on 30.03 gross acres. (Capitol Square Partners, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval.
C 01-09-092 - District 5
Documents
Filed: (1) Department of
Planning, Building and Code Enforcement Staff Report on Project File Number
C01-09-092, dated September 26, 2001, recommending approval of the proposed
conforming rezoning. (2) Public Hearing Notice to consider a change in Zoning
for C01-09-092, dated September 27, 2001, and Proof of Publication executed on
October 5, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. John Warren, Applicant, spoke in support of the rezoning. Upon motion by Council Member Campos, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26500, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated at the Northeast Corner of North Capitol Avenue and McKee Road”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
The Council of the City of San Jose adjourned at 8:55 p.m. to reconvene on Thursday, October 18, 2001, 8:00 a.m., Room 106, for a Council meeting on Input on Hiring of Director of Planning, Building, and Code Enforcement.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN,
CITY CLERK