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, Cortesé, Dando, Diquisto, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Chavez, LeZotte (excused)
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider case of Ruffo, et al. v. City of San José, et al.; (B) for the purpose of conducting Public Employment/Public Employee Appointment, Director of General Services, pursuant to Government Code Section 54957: (C) for the purpose of conducting Public Employee Performance Evaluation, City Clerk, pursuant to Government Code Section 54957.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: LeZotte (excused)
The Reverend Dave Bridgen, San José Police Chaplain, delivered the invocation. (District 9)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Orders of the Day, with the addition of Item 2.7 deferred to October 9, 2001, and the Amended Agenda were approved. Vote: 10-0-1-0.
City Manager Del D. Borgsdorf announced the appointment of José Obregon as the new Director of General Services, effective October 15, 2001, and commended Francis B. McVey for his exemplary performance as Acting Director of General Services.
1.1 Presentation of a proclamation declaring October 2001 as Employment of People with Disabilities Awareness Month. (Equality Assurance)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium was Disability Advisory Commission Co-Chair Jay Anne Benton and Commissioners Sandra Gouevia, Sally McCleod, Karl Vidt, Harold Cole, and Murrie Zlotziver. Commissioner Gouevia accepted the proclamation on behalf of the Disabled Community-At-Large.
1.2 Presentation of the 2000-01 Community Service Award to the Department of Parks, Recreation and Neighborhood Services from the Berryessa Union School District.
(City Manager’s Office)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Reed, City Manager Borgsdorf and Director of Parks, Recreation and Neighborhood Services Mark Linder, who introduced Berryessa Union School District Superintendent Geraldine Harge, Deputy Director of Recreation and Community Services Jim Norman, Recreation Superintendent Art Rosales, and Community Services Supervisor Barbara Santos-George. On behalf of the Department of Parks, Recreation and Neighborhood Services, Director Mark Linder accepted the Certificate of Recognition of Partnership, which was presented by Geraldine Harge, in recognition of the outstanding service provided students of the Berryessa School District. In addition, Superintendent Harge exhibited the perpetual plaque on which the recipient’s name is inscribed and displayed in the District Office.
1.3 Presentation of a proclamation for Domestic Violence Awareness Month. (Dando)
(Rules Committee referral 9/26/01)
Documents Filed: None.
Discussion/Action: Council Member Dando joined Mayor Gonzales at the Podium and introduced Judge L. Edwards, Chair, and Lisa Green-Strickland, Vice-Chair of the County Council on Domestic Violence, and Mayor Gonzales presented the proclamation. Council Member Dando displayed campaign posters, signs and banners, which will be strategically placed throughout the City, discouraging domestic violence and promoting awareness of programs that will stop domestic violence. She introduced members of the Domestic Violence Task Force, thanked them for their hard work, and asked them to stand and be recognized. She stated the City of San José’s Family/Domestic Violence Prevention Task Force is a sponsor of the 4th Annual Elected and Public Officials Walk to End Domestic Violence and, in addition to a number of other organizations and sponsors that include Ronnie Lott’s Allstars Helping Kids, City Year, the County of Santa Clara, the CyberRays, the San José Earthquakes, Santa Clara Cities Association, and the Valley Transportation Agency, invited all to participate in the 2-mile trek on Fri., Oct. 19th, 8:30 a.m. to Noon, starting at City Hall and ending at the San José Police Officers Association Hall on Fourth Street.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: LeZotte.
(a) Regular meeting of June 5, 2001
Documents Filed: Minutes of the regular meeting of June 5, 2001.
Discussion/Action: The Minutes of June 5, 2001 were approved. Vote: 10-0-1-0. Absent: LeZotte.
(b) Joint Council/Redevelopment meeting of June 5, 2001
Documents Filed: Minutes of the City Council/Redevelopment Agency Board meeting of June 5, 2001.
Discussion/Action: The Minutes of June 5, 2001 Joint meeting were approved. Vote: 10-0-1-0. Absent: LeZotte.
(c) Public Hearing on FY2001-2002 Budget Modifications – June 11, 2001
Documents Filed: Minutes of the Budget Modifications Public Hearing of June 11, 2001.
Discussion/Action: The Minutes of the June 11, 2001 Budget Modification Public Hearing were approved. Vote: 10-0-1-0. Absent: LeZotte.
(d) Regular
meeting of June 12, 2001
Documents Filed: Minutes of the regular meeting of June 12, 2001.
Discussion/Action: The Minutes of June 12, 2001 were approved. Vote: 10-0-1-0. Absent: LeZotte.
2.3 Adoption of a resolution authorizing the reorganization of territory designated as Evergreen No. 185, which involves the annexation to the City of San José of 2.51 gross acres of land, located at the east side of Ruby Avenue, approximately 52 feet northerly of Murillo Avenue, and the detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area. CEQA: Negative Declaration. Council District 8.
(Planning,
Building, and Code Enforcement)
Documents Filed: None.
Discussion/Action: This Item was deferred to December 4, 2001.
2.4 Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Phelan Avenue Infrastructure Improvements with a net impact to the fund of $33,000 and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements.
(City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated September 11, 2001, recommending Council adopt said Appropriation Ordinance and Funding Source Resolution amendments.
Discussion/Action: Ordinance No. 26486, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26415 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $33,000 for the Phelan Avenue Infrastructure Improvements; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70630, 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 Redevelopment Capital Projects Fund” and Resolution No. 70631, entitled: “Resolution of the Council of the City of San Jose Making Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds for Certain Public Improvements Adjacent to the Monterey Corridor Redevelopment Project Area”, were adopted. Vote: 10-0-1-0. Absent: LeZotte.
2.5 (a) Approval of Change Order No. 4 with Rushford Construction, Incorporated for the
construction project entitled “San José/Santa Clara Water Pollution Control
Plant, FY 1997/1998 Capital Improvement Program, Railcar Platforms and Cover
Project,” in an amount of $68,526; and
(b) Increasing
the project contingency by $92,000 and thereby increasing the total contract
amount from $242,089 to $334,089; and
(c) Extending
the completion date to December 15, 2001.
CEQA: Exempt.
(Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 12, 2001, recommending Council approve said Change Order. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated September 13, 2001, recommending approval of said Change Order.
Discussion/Action: William J. Garbett spoke against the proposed action. Change Order No. 4 with Rushford Construction, Incorporated was approved with the contingency and the extension of the completion date, and execution of the Change Order authorized. Vote: 10-0-1-0. Absent: LeZotte.
2.6 Report on bids and award the purchase to
the low bidder, Nutech Industries, Inc., for electrical extensions with
connections at a total cost of $152,991.36, including tax, and authorization
for the Director of General Services to execute the purchase order for the:
(a) Immediate
purchase of electrical connections with extensions, and
(b) Subsequent
purchase of additional items at the same bid price without further Council
action other than the appropriation of necessary funds.
(General
Services)
Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated September 12, 2001, recommending acceptance of the bid report and award of said contract to the low bidder and authorization for the Director of General Services to execute the purchase order.
Discussion/Action: The report on bids was accepted and award of purchase to Nutech Industries, Inc., the low bidder was approved and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: LeZotte.
2.7 Report on the East Side Union High School District’s intent to dispose of a 13.08 acre of surplus property located at the southwest corner of Quimby Road and Arcade Avenue, and adoption of a resolution declaring interest in the acquisition of a portion of that property, and authorizing the City Manager to negotiate the acquisition. (Planning, Building and Code Enforcement)
(District 8)
Documents Filed: None.
Discussion/Action: This Item was deferred to October 9, 2001.
2.8 Report on bids and award of contract for the Central Service Yard Emergency Generator Project to the low bidder, Steiny and Co., Inc., in the amount of $270,620, and approval of a contingency in the amount of $30,000. CEQA: Negative Declaration. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated September 12, 2001, recommending award of contract to the low bidder and approve contingency amount.
Discussion/Action: The report on bids was accepted and award of contract to Steiny and Co. Inc., the low bidder was approved with the contingency and execution of the contract authorized. Vote: 11-0-0-0. Absent: LeZotte.
3.2 Report of the Rules Committee – September 19, 2001
Documents Filed: Rules Committee Report of the meeting on September 19, 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 2, 2001 Draft Agenda
The Committee approved the October 2, 2001 City Council Agenda.
(2) Add New Items to September 25, 2001 Amended Agenda
The Committee recommended four additions to the September 25, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environmental Committee
(c) Education, Neighborhoods, Youth and Seniors Committee
None Presented.
(d) Meeting Schedules
The Committee expressed great concern that staff reports for important study sessions and other issues are not being distributed to Council in a timely manner.
(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated September 13, 2001, listing the items transmitted to the Administration for the period September 5-11, 2001.
The Committee noted and filed the Public Record for the period September 5-11, 2001 and requested the Administration forward Item (a), a letter from the VEP Community Association, to the Economic Development and Environmental Committee.
(f) Boards, Commissions and Committees
None Presented.
(g) Council Referrals for Assignment to Appropriate Committee, Administration or Council Appointee. Attachments: (1) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 31, 2001, recommending the Rules Committee refer this referral to the Policy Priority Setting Session. (2) Memorandum from City Clerk Patricia L. O’Hearn, dated September 14, 2001, recommending approval of amended timeline for November 26, 2001 Employee Election.
(1) Request to refer to the Policy Priority Setting Session the issue of providing discounted parking rates in regional parks for seniors and disabled.
The Committee directed the Administration to return to Rules Committee at the September 26, 2001 meeting with a workload assessment to provide discounted parking rates in regional parks for Veterans, seniors, and individuals with disabilities.
(2) Request to adjust timelines leading to Employee Election to be held on Monday, November 26, 2001.
The Committee approved the amended timeline for the November 26, 2001 Employee Election and directed the City Clerk to distribute instructions with the Employee Election ballot which clearly state the election is advisory.
(h) Administrative Reviews and Approval. Attachments: (1) Memorandum from Council Member Linda J. LeZotte submitting an authorization for travel to Boston, MA. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated September 14, 2001, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.
(1) Request to use Council General funds by Council Member Linda J. LeZotte to attend the Urban Land Institute meeting in Boston, MA, October 2-5, 2001.
The Committee approved the use of Council General funds by Council Member LeZotte to attend the Urban Land Institute meeting in Boston, MA, October 2-5, 2001.
(i) Oral Communications
None Presented.
(j) Adjournment
The meeting was adjourned at 2:30 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee Report and actions of September 19, 2001 were accepted. Vote: 10-0-1-0. Absent: LeZotte.
3.4 (a) Adoption of a resolution providing supplemental salary and benefits for thirteen pay periods for those employees who are called to active duty because of the terrorist attacks on September 11, 2001, with an end date for eligibility for salary and benefits of December 31, 2002.
(b) That,
as a part of the resolution, the City Council delegate authority to the City
Manager or designee to sign agreements detailing the repayment requirements of
the supplementary benefits with affected employees.
(City Manager’s Office)
(Rules Committee referral 9/26/01)
Documents Filed: Memorandum from Director of Employee Relations, Alex Gurza, dated September 25, 2001, noting reason for addendum and recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70632, entitled: “A Resolution of the Council of the City of San Jose Approving Military Reservist Benefits for those Employees who are Called to Active Duty Because of the Terrorist Attacks on September 11, 2001”, was adopted. Council approved the Staff’s recommendation with the directive to submit a report on appropriateness of extending life insurance benefits to affected employees and to provide Council with a comparative analysis of current versus proposed benefits extended to employees called to active military duty. Vote: 10-0-1-0. Absent: LeZotte.
3.5 Direction to the Administration to review the California Public Utilities Commission’s (CPUC) proposal to shift at least $500 million in California Department of Water Resources power costs to PG&E customers and submit a letter to the CPUC expressing the City of San José’s strong opposition to the proposal.
(Dando, Reed)
(Rules Committee referral 9/26/01)
Documents Filed: Memorandum from Council Members Dando and Reed dated September 25, 2001, recommending the Administration review the California Public Commission’s proposal.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Reed and unanimously carried, the Administration was directed to review the California Public Utilities Commission’s proposal and to submit a letter to the CPUC expressing the City’s strong opposition to the proposal. Vote: 10-0-1-0. Absent: LeZotte.
4.2 PUBLIC HEARING on and adoption of resolutions regarding the designation of the following properties as landmarks of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature:
(a) Center for the Performing Arts, 241-271
Park Avenue
(b) Commercial Building, 28 N. First Street
(c) Knights of Columbus Building, 34-40 N.
First Street
(d) Farmer’s Union Building, 151 W. Santa
Clara Street
(e) Realty Building, 19 N. Second Street
(f) Masson Building, 161 W. Santa Clara
Street
(g) Porter Stock Building, 83-91 S. First
Street
(h) Sainte Claire Building, 301 S. First
Street
(i) Rucker House, 418 S. Third Street
(j) Twohy Building, 200-210 S. First Street
(k) Anglo-California National Bank
(Now named San José National
Bank),
101 W. Santa Clara Street
(l) Pratt/Brackett House, 469 S. Third
Street
(m) Stern/Fischer House, 132 Pierce Street
(n) W. Prussia Building, 371 S. First Street
(o) Wright/Bailey House, 312-314 S. Third
Street
(p) Pritchard/Renzel House, 524 S. Almaden
Avenue
(q) Sunol Building, 127-145 Post Street
(r) Costa & Miller Building, 520 S.
First Street
Documents Filed: Memorandum from Historic Landmarks Commission Secretary Joseph A. Horwedel, dated September 19, 2001, recommending Council (1) adopt a resolution designating thirteen properties as Historical Landmarks, and (2) adopt resolutions designating the following as Historic Landmarks: HL01-122, HL01-123, HL01-126, HL01-127, HL01-129, HL01-130, HL01-131, HL01-132, HL01-133, HL01-134, HL01-135, HL01-136, and HL01-140.
Discussion/Action: Mayor Gonzales opened the public hearing to consider the subject properties as historic landmarks. Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, stated five of the 18 properties are recommended for deferral, pending action by the Historic Landmarks Commission, and that the Historic Landmarks Commission has recommended the remaining designations for approval. In response to Council Member Chavez’ request for an update on the survey conducted to identify existing historic resources within the Downtown Core Area, Joe Horwedel stated 281 properties were surveyed and 143 were found to be potentially eligible for the San José Inventory.
Noting specific concerns regarding the historic landmarks process, Council Member Chavez asked City/Redevelopment Agency Staff to provide Council with a jointly prepared report on all the historic landmark activities occurring with the Landmarks Commission and the designation process; to include in the report to Council on December 4, 2001 a map identifying existing historic landmarks and properties for which historic landmark designations are pending and to incorporate in that report potential City Landmarks and historic districts in neighborhoods, and include an accounting of the funding resources for each. She asked Staff to submit to Council, prior to December 4, 2001, the workplan and projected timeline for each candidate landmark. Council Member Reed asked Staff to identify distinguishing factors that qualify the Center For the Performing Arts as a historic landmark in comparison to other structures in the vicinity and throughout the City, and to include the comparison in the December 4, 2001 report to Council.
In response to Council Member Cortesé’s request for criteria used by consultants Dill Design Group to qualify properties as historic landmarks, Joseph Horwedel stated the criteria and survey findings would be included in the report on December 4, 2001, when the CPA designation is presented to Council for consideration. Steve Cohen, representing the applicant, spoke in opposition to the proposed designation of the property located at 469/470 South Third Street; and Ardith Meyer, representing the Rucker Mansion at 418 South Third Street, addressed Council on the designation.
Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, and the recommendation to defer to December 4, 2001 Item 4.2(a), Center For the Performing Arts located at 241-271 Park Avenue; Item 4.2(d), Farmer’s Union Building at 151 West Santa Clara Street; Item 4.2(f), Masson Building located at 161 West Santa Clara Street; Item 4.2(o), Wright/Bailey House located at 312-314 South Third Street; and Item 4.2(r), Costa & Miller Building located at 520 South First Street, was approved; Resolution No. 70633, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Commercial Building, Located at 28 N. First Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 70634, entitled “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Knights of Columbus Building, Located at 34-40 N. First Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 70635, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Realty Building, Located at 19 N. Second Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No.70636, entitled: Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Porter Stock Building, Located at 83-91 S. First Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 70637, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Sainte Claire building, Located at 301 S. First Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest of Value of a Historic Nature”; Resolution No. 70638, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Rucker House Located at 418 S. Third Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature” and Resolution No. 70639, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Twohy Building Located at 200-210 S. First Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 70640, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the San Jose National Bank, Located at 101 W. Santa Clara Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 70641, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Pratt Brackett House, Located at 469 S. Third Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 70642, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Stern Fischer House, Located at 132 Pierce Avenue, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 70643, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the W. Prussia Building, Located at 371 S. First Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 70644, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Pritchard Renzel House, Located at 524 S. Almaden Avenue, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; and Resolution No. 70645, entitled: “Resolution of the Council of the City of San Jose Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, the Sunol Building, Located at 127-145 Post Street, as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, were adopted with Staff directed to (1) prepare a map identifying current historic landmarks and locations and those properties for which a historic landmark designation is pending; (2) prepare a report on all projects in partnership with the Historic Landmarks Commission; (3) provide criteria used by the design group that surveyed the properties; (4) when the Center For the Performing Arts is brought to Council for consideration, to include in the report criteria used to qualify modern buildings and how they compete for historic landmark status, and (5) include in the report a workplan and timeline. Vote: 10-0-1-0. Absent: LeZotte.
4.3 (a) Adoption of a resolution:
(1) Expressing its intent to issue up to $11,000,000 in multifamily tax-exempt revenue bonds to finance the construction of the 76-unit Betty Anne Gardens family rental housing project located at 945 & 955 North King Road.
(2) Authorizing the Director of Housing to file
an application with CDLAC for an allocation of up to $11,000,000 in private
activity bonds.
(3) Authorizing the Director of Housing to
negotiate and execute a Deposit and Escrow Agreement with First Community
Housing, a California nonprofit corporation, or its designated partnership, an
affiliate First Community Housing, for the CDLAC Application for the
Development.
Council District 4. (Housing)
(Deferred from 9/25/01 – Item 4.8)
(b) Adoption
of a resolution:
(1) Approving an increase to the existing
acquisition/predevelopment loan by $100,000, from $2,491,630 to $2,591,630 to
First Community Housing, or its designated partnership, for the development of
the 76-unit Betty Anne Gardens Family Apartments on a 4.11-acre site located at
945 and 955 North King Road.
(c) Adoption of a resolution:
(2) Approving business terms for a
construction/permanent loan of up to $5,129,744 to First Community Housing, or
its designated partnership, for the development of the Betty Anne Gardens
Family Apartments.
Council
District 4. (Housing)
Documents Filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslie Corsiglia, dated September 24, 2001, noting reason for supplemental report and recommending Council adopt said resolution. (2) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslie Corsiglia, dated September 5, 2001, recommending Council take proposed actions regarding the Betty Anne Gardens Apartment Housing Development. (3) Memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 20, 2001, noting the reason for supplemental report and recommending Council adopt said resolution. (4) Memorandum from Acting Director of Housing Leslie Corsiglia, dated September 12, 2001, recommending Council adopt said resolution. (5) Notice of Public Hearing on the intent of the City Council to issue tax-exempt multi-family housing revenue bonds for the acquisition, construction or rehabilitation of the subject housing projects, dated August 31, 2001, and Proof of Publication of the Notice of Public Hearing dated September 10, 2001, submitted by the City Clerk. (6) Affidavit of Posting of the Public Hearing Notice to consider the issuance of tax-exempt multi-family housing revenue bonds, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Williams and unanimously carried, Resolution No. 70646 entitled: “A Resolution of the City of San Jose Expressing its Intent to Issue Tax Exempt Debt for the Acquisition, Construction and Development of Multifamily Housing and Taking Related Actions (The Betty Anne Garden Apartments)” and Resolution No. 70647, entitled: “A Resolution of the Council of the City of San Jose: (i) Approving an Increase in the Acquisition/Predevelopment Loan From $2,491,630 to $2,591,63 and (ii) Approving Business Terms for a Construction/Permanent Loan of up to $5,129,744 for First Community Housing, or its Designated Partnership, for the Development of the 76-Unit Betty Anne Gardens Family Apartments Located at 945 and 955 North King Road and Authorizing the Director of Housing to Execute all Necessary Documents on Behalf of the City”, were adopted. Vote: 10-0-1-0. Absent: LeZotte.
4.4 Adoption of a resolution approving
business terms for a construction/permanent loan of up to $3,600,000 to ROEM
Development Corporation, or its designated partnership, for the development of
a 55-unit senior housing development with 54 units affordable to senior
households and one unrestricted manager’s unit on a 1.07-acre site located on
the north side of Alum Rock Avenue, on the block bounded by Highway 680 and
Alexander Avenue. Council District 5. (Housing)
Documents Filed: (1) Supplemental memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 27, 2001, noting the reason for the supplemental report and recommending that this item be dropped from the October 2, 2001 City Council Agenda. (2) Memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 12, 2001, recommending Council adopt said resolution. (3) Notice of Public Hearing on the intent of the City Council to issue tax-exempt multi-family housing revenue bonds for the acquisition, construction or rehabilitation of the subject housing projects, dated August 31, 2001, and Proof of Publication of the Notice of Public Hearing dated September 10, 2001, submitted by the City Clerk. (4) Affidavit of Posting of the Public Hearing Notice to consider the issuance of tax-exempt multi-family housing revenue bonds, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: This Item was dropped.
4.5 Adoption of a resolution approving business terms for a construction/permanent loan of up to $4,019,475 to First Community Housing, or its designated partnership, for the development of a 98-unit studios development affordable to low-, very low- and extremely low-income households on approximately .50-acre site located at the easterly corner of Hamilton and Campbell Avenues. Council District 1. (Housing)
Documents Filed: (1) Memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 12, 2001, recommending Council adopt said resolution. (2) Notice of Public Hearing on the intent of the City Council to issue tax-exempt multi-family housing revenue bonds for the acquisition, construction or rehabilitation of the subject housing projects, dated August 31, 2001, and Proof of Publication of the Notice of Public Hearing dated September 10, 2001, submitted by the City Clerk. (4) Affidavit of Posting of the Public Hearing Notice to consider the issuance of tax-exempt multi-family housing revenue bonds, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70648, entitled: “A Resolution of the Council of the City of San Jose Approving Business Terms for a Construction Loan of $3,877,448 and Permanent Loan of $4,019,475 to First Community Housing or its Designated Partnership for the Development of a 98-Unit Rental Housing Project Affordable to Low, Very-Low, and Extremely Low-Income Persons and Families, and Authorizing the Director of Housing to Negotiate and Execute all Necessary Documents Necessary to Carry out the Purposes of this Resolution on Behalf of the City” was adopted. Vote: 10-0-1-0. Absent: LeZotte.
4.6 Public Hearing and adoption of a resolution:
(a) Approving a Disposition and Development
Agreement between the City of San José and Emergency Housing Consortium, Inc.,
or its designated affiliate, including business terms for a conditional grant
of up to $1,000,000 of 20% Housing Funds for the acquisition of 0.3 acres of
City-owned property located at 937-943 Locust Street, minor repairs to the
triplex, and the rehabilitation the Single Room Occupancy building to provide
emergency housing for up to 20 persons who are victims of fires or other
disasters.
(b) Finding that the use of 20% Housing
Funds for development of the subject development is a benefit to the City’s
Redevelopment Areas.
Council District 3. SNI: Washington-Guadalupe. (Housing)
Documents Filed: Memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 12, 2001, recommending Council hold a public hearing and adopt said resolution.
Discussion/Action: Mayor Gonzales opened the public hearing to consider the DDA and related use of 20% housing funds for the subject development. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, and Resolution No. 70649, entitled: “A Resolution of the Council of the City of San Jose (i) Approving a Disposition and Development Agreement Between the City of San Jose and Emergency Housing Consortium, Inc., or its Designated Affiliate, Including Business Terms for a Conditional Grant of up to $1,000,000 of 20% Housing Funds for the Acquisition of .3 Acres of City-Owned Property Located at 937-943 Locust Street, Minor Repairs to the Triplex, and the Rehabilitation of the Single Room Occupancy Building to Provide Emergency Housing and (ii) Finding that the Use of 20% Housing Funds for Development of the Subject Property is a Benefit to the City’s Redevelopment Areas”, was adopted. Vote: 10-0-1-0. Absent: LeZotte.
4.7 Adoption of a resolution approving business terms for a construction loan of up to $3,763,000 and a permanent loan of to $3,923,000 to ROEM Development Corporation, and/or its designated partnership, for the development of a 49-unit senior housing development with 48 units affordable to senior households and one unrestricted manager’s unit on a 1.24-acre site located on the west side of South Capitol Avenue, north of Lombard Avenue. Council District 5. SNI: 680 East Valley Communities. (Housing)
Documents Filed: (1) Memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 12, 2001, recommending Council adopt said resolution. (2) Notice of Public Hearing on the intent of the City Council to issue tax-exempt multi-family housing revenue bonds for the acquisition, construction or rehabilitation of the subject housing project, dated August 31, 2001, and Proof of Publication of the Notice of Public Hearing dated September 10, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Public Hearing Notice to consider the issuance of tax-exempt multi-family housing revenue bonds, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Chavez and unanimously carried, Resolution No. 70650, entitled: “A Resolution of the Council of the City of San Jose Approving Business Terms for a Construction Loan of up to $3,763,000.00 and a Permanent Loan of up to $3,923,000 to Roem Development Corporation, and/or its Designated Partnership, for the Development of the 49-Unit Senior Housing Project with 48 Units Affordable to Very Low-Income Persons with one Unrestricted Manager’s Unit, on a 1.24 Acre Site Located on the West Side of South Capitol Avenue, North of Lombard Avenue”, was adopted. Vote: 10-0-1-0. Absent: LeZotte.
4.8 Adoption of a resolution approving business terms for a construction loan of up to $4,149,000 and a permanent loan of to $4,633,000 to ROEM Development Corporation, or its designated partnership, for the development of a 66-unit senior housing development with 65 units affordable to senior households and one unrestricted manager’s unit on a 1.35-acre site located at 3071 Rose Avenue between Capitol Avenue and South White Road. Council District 5. SNI: 680 East Valley Communities. (Housing)
Documents Filed: (1) Supplemental memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 27, 2001, noting the reason for the supplemental report and recommending that this item be dropped from the October 2, 2001 City Council Agenda. (2) Memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 12, 2001, recommending Council adopt said resolution. (3) Notice of Public Hearing on the intent of the City Council to issue tax-exempt multi-family housing revenue bonds for the acquisition, construction or rehabilitation of the subject housing project, dated August 31, 2001, and Proof of Publication of the Notice of Public Hearing dated September 10, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Public Hearing Notice to consider the issuance of tax-exempt multi-family housing revenue bonds, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: This Item was dropped.
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – September 17, 2001
Documents Filed: Report on the Education, Neighborhoods, Youth, and Seniors Committee.
(a) Youth Commission Monthly Report. Attachment: Memorandum from San José Youth Commission Chairperson Jennifer Leung, dated September 5, 2001, submitting the monthly report on Youth Commission activities.
The report was accepted with two (2) members present.
(b) San José BEST Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 5, 2001, submitting an update on the truancy reduction efforts.
The Committee accepted the report with the directive to Staff to provide a report for each Council District with the following truancy information:
· Raw Numbers, along with percentages
· Number of truants by age and how many have learning disabilities, drug problems and/or mental health problems
· Student profiles, by school
· Types of programs offered
· Amount of money lost by School Districts
· What are best practices
· Income levels of families
(c) Skate Park Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 5, 2001, reporting on the activities of the Skate Park Focus Group.
The Committee accepted the Staff Report.
(d) Oral Petitions
None Presented.
(e) Adjournment
The meeting was adjourned at 2:45 p.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, the Education, Neighborhoods Youth and Seniors Committee Report and actions of September 17, 2001 were accepted. Vote: 10-0-1-0. Absent: LeZotte.
5.3 Approval of the Bernal Park Master Plan Amendment.
CEQA: Mitigated Negative Declaration. Council District 3. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated September 12, 2001, recommending Council approve the Bernal Park Master Plan Amendment.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the amendment to the Bernal Park Master Plan was approved. Vote: 10-0-1-0. Absent: LeZotte.
5.4 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)
Documents Filed: Supplemental memorandum from Acting Director of Public Works Rajeev Batra, dated September 28, 2001, recommending deferral of this item to October 16, 2001 City Council meeting.
Discussion/Action: This Item was deferred to October 16, 2001.
10.1 (a) Adoption of resolutions by City Council and Agency Board approving the first amendment to the cooperation agreement between the City and Agency relative to the Civic Center Project providing for the repayment of the Agency by the City for the Civic Center site and Civic Center garage site; and
(b) Adoption of a resolution by the Agency Board approving the reduction of $5,850,000 to the Adopted FY 2001-2002 Capital Budget Civic Center Plaza – Infrastructure project line in the Civic Plaza Redevelopment Area; and
(c) Adoption of a resolution by the Agency
Board amending the FY 2001-2002 Agency appropriations resolution to reflect the
reduction of the $5,850,000.
(City
Attorney’s Office)
(Deferred from 9/25/01 – Item 10.1)
Documents Filed: None.
Discussion/Action: This Item was deferred to October 9, 2001.
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:
9352 N/s Hillsdale Ave., at Vistapark Dr., 7, KB Home South Bay, 127 units SFAR and MFAR Approve
9369 W/s of Keeble Ave., 380 feet E/o Race St. 6, Regis Homes, 20 units, SFAR Approve
9372 N/s of Berryessa Rd. 4. Borelli Investments, 8 lots, Industrial, Approve
Pete Campbell suggested the acquisition of the River Corporate Center for a new City Hall to consolidate government offices.
Following Open Forum, Council recessed at 2:50 p.m. and reconvened at 7:05 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: LeZotte (excused)
City Clerk, Patricia L. O’Hearn read the requests for continuances of applications and other actions as recommended. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the below noted continuances and other actions were granted. Vote: 10-0-1-0. Absent: LeZotte.
11.1 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.
PDC
00-08-069 - District 9
(Continued from 8/14/01 – Item 11.10 and 9/4/01 – Item 11.3)
Documents Filed: None.
Discussion/Action: This Item was continued to October 16, 2001.
11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT PREZONING of the property located at the east side of Ruby Avenue, approximately 50 feet northerly of Murillo Avenue, from County to A(PD) Planned Development Zoning District, to allow up to 22,570 square feet for a new church sanctuary and associated classrooms on 2.61 gross acres. (Young Nak Presbyterian Church c/o K.B. Chung, Owner/Developer). CEQA: Negative Declaration.
PDC
00-04-024 - District 8
(Continued from 8/14/01 – Item 11.9 and 9/4/01 – Item 11.2)
Documents Filed: None.
Discussion/Action: This Item was continued to December 4, 2001.
11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Broadway Avenue, approximately 190 feet northeasterly of Ramona Avenue, from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow the subdivision of one lot into two lots for construction of an additional single-family residence on 0.4 gross acre. (Emily Chen, Owner/Developer). CEQA: Negative Declaration.
PDC
00-02-014 - District 6
(Continued
from 8/21/01 – Item 11.1)
Documents Filed: (1) Supplemental Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated September 26, 2001, stating the applicant has requested that the application be withdrawn. (2) Public Hearing Notice to consider a change in zoning for PDC 00-02-014, dated July 13, 2001, and Proof of Publication executed on July 27, 2001, submitted by the City Clerk.
Discussion/Action: This item was dropped.
11.6 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.
PDC 00-06-055 - District 9
Documents Filed: None.
Discussion/Action: This Item was continued to October 16, 2001.
5.2 Acceptance of the Alum Rock Park Status Report.
(Parks, Recreation and
Neighborhood Services)
(Deferred from 9/18/01 – Item 5.2)
Documents Filed: (1) Memoranda from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 27, 2001 and August 31, 2001, respectively, providing a status report on the improvements to Alum Rock Park related to the closure of Alum Rock Avenue and the opening of Penitencia Creek Road within Alum Rock Park, and recommending Council accept the staff recommendations. (2) Hard copies of the staff presentation on the Alum Rock Park Improvements. (3) Electronic mail from Patricia and Michael Benham, dated October 1, 2001, asking repairs to be made to Crothers Road.
Discussion/Action: Director of Parks,
Recreation and Neighborhood Services Mark Linder, introduced the members of the
Team responsible for compliance with established goals and for today’s multi-departmental
presentation on the Alum Rock Park improvements and the actions and results
derived from traffic calming efforts, safety, park, development of Capital
programs for the Park, and efforts to revisit the Crothers Road complex: Deputy
Director of Transportation Jim Helmer; Chief of Police William M. Lansdowne; Fire Chief Manuel P. Alarcon, Director of
Emergency Services Frances E. Winslow, Deputy Director Public Works Jim Foley,
and City Attorney, J. Richard Doyle. He stated City Staff has maintained active
dialogue with outside agencies that have contributed to the report, including
the Santa Clara County Department of Roads and Airports, Santa Clara County
Sheriff’s Office, and the California Highway Patrol. He stated Norfleet
Consultant Dr. Figuers would conclude the presentation with advice on repair
options for the hillside and roadways and solutions for the Crothers Road
landslide complex area of Alum Rock, and the recommended bioengineer repairs or
bioremediation for the creek bank restoration.
With the use of a PowerPoint presentation, Mark Linder summarized background information on and pointed out the damages to Alum Rock Park, resulting from severe winter storms in 1998, and the ultimate closing of the Park to the public from February to August 1998. He summarized the results of the positive actions taken, as a result of Council direction, which resulted in the reopening of the Penitencia Creek Park entrance in September 2000, with on-going Capital Improvement Program projects in position to address storm creek repairs. Speaking in favor of the Park improvements were Allan W. Thompson and Judy Thompson, representing P.A.R.C – S.O.S. Bob Newby and William J. Garbett spoke against the proposed action. Council Member Reed urged Staff to first repair the toe buttress of the slope, after which, install additional signs in the Park, and expressed his appreciation for the work done by Staff within the last year. Upon motion by Council Member Reed, seconded by Council Member Williams and unanimously carried, the staff report and recommendations were accepted with direction to Staff to develop a Capital Improvement Program project to restore the Penitencia Creek channel and landscape and refer the project improvements to the Fiscal Year 2002-2003 CIP process. Vote: 10-0-1-0. Absent: LeZotte.
5.5 Approval of the Selma Olinder Park Master Plan.
CEQA: Negative Declaration. Council District 3. SNI:
Brookwood Terrace.
(Public Works/Parks, Recreation
and Neighborhood Services)
(Rules Committee
referral 9/26/01)
Documents Filed: (1) Supplemental memorandum from Acting Director of Public Works Rajeev Batra, dated September 27, 2001, stating reason for supplemental memorandum. (2) Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, and Acting Director of Public Works Rajeev Batra, dated September 25, 2001, noting the reason for addendum and recommending Council approve the Selma Olinder Park Master Plan.
Discussion/Action: Director of Parks, Recreation and Neighborhood Services, Mark Linder, stated the project was previously scheduled for Council approval in May 2001, but was delayed for the resolution of environmental concerns and results of the investigation of flood protection issues. With those issues resolved, he requested Council approve the Master Plan so that Selma Olinder Park can be considered for upcoming grant opportunities. The following individuals spoke in favor of the proposed Master Plan: Joan Rivas-Cosby; Maria Mustonen; and Phil Reynolds, President, Olinder Neighborhood Association. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Selma Olinder Park Master Plan was approved. Vote: 10-0-1-0. Absent: LeZotte.
11.4 PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve a Conditional Use Permit for a project located at the northwest corner of Potrero Drive and Custer Drive, on a 0.82 gross acre site in the R-1-8 Residence Zoning District, to allow the installation of up to 6 wireless communications antennas atop an existing PG&E tower and the installation of an equipment shelter. (Pacific Gas and Electric, Owner; Verizon Wireless, Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
CP
01-03-021 - District 9
(Continued from 9/18/01 – Item 11.3)
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated August 27, 2001, recommending Council uphold the decision of the Planning Commission. (2) Public Hearing Notice to consider a change in Zoning for CP 01-03-021 dated August 22, 2001, and Proof of Publication executed on September 7, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the appeal of the Planning Commission’s decision on the Conditional Use Permit for the subject project. As the contact person for the appellant, Michael Walsh appealed the condition on the approval of the project, citing the reasons filed in the Notice of Permit Appeal, and asked to have the fence replaced as part of the project, and that Council direct Staff (a) to work with the neighbors to modify landscaping designs for the project, and (b) to site the antennas lower on the PG&E tower. Stacey Nelson and William J. Garbett spoke against the proposed action. In response to Council Member Diquisto’s request for clarification of the points made by the speakers, Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel stated additional site landscaping is proposed as part of the subject project; that the security fence could be conditioned with the CUP to replace the chain link fence on the property; that appropriate screening would be provided for the property in the rear of the towers, and PG&E would work with City Staff on the equipment shelter; that the carriers can chose to place the antennas as high as possible, in accordance with the City’s Policy for Wireless Communications Antennas; and with respect to the building directly under the tower, it will be located within the metal structure. Upon motion by Council Member Diquisto, seconded by Council Member Cortesé and unanimously carried, the public hearing was closed, the appeal of the Planning Commission’s decision was denied, and Resolution No. 70651, entitled: “Resolution of the City Council of the City of San Jose Granting, Subject to Conditions, a Conditional Use Permit to Use Certain Real Property Described Herein for the Purpose of the Installation of up to 6 Wireless Communications Antennas Atop an Existing PG&G Tower and the Installation of an Equipment Shelter on 0.82 Gross Acres”, was adopted with direction to the applicant to include the cyclone fence and improved landscaping to be worked out with the homeowners. Vote: 10-0-1-0. Absent: LeZotte.
Council Members Diquisto and Yeager left Chambers during discussion of Item 11.5
11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Balbach Street, 200 feet westerly of Market Street, from C-3 Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 12 attached dwelling units on 0.40 gross acre. (Des Nolan, Owner/Developer). CEQA: Resolution No. 68839. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC
00-05-043 - District 3
(Continued from 6/5/01 – Item 11.8 et al., and 9/18/01 – Item 11.4)
Documents Filed: (1) Memorandum from Council Member Chavez dated October 2, 2001, recommending Council approve the Rezoning Ordinance with conditions outlined in said memo. (2) Memorandum from Secretary Planning, Building and Code Enforcement, James R. Derryberry, dated May 14, 2001, recommending Council adopt an ordinance rezoning the subject site as proposed by the applicant. (3) Public Hearing Notice to consider a change in Zoning for PDC 00-05-043, dated April 19, 2001, and Proof of Publication executed on April 27, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Council Member Chavez recommended approval of the proposed rezoning with the conditions as enumerated in the October 2, 2001 memorandum to (a) continue to develop modified “craftsman” architectural details during the PD Permit phase of the project; (b) continue the articulations and design detail that breaks up the northern elevation on the southern elevation; (c) insure privacy for southern neighbors through window placement, tree type and location, and fence design; (d) modify the garage ventilation system to insure minimal impact upon rear yards and southern neighbors; and (e) continue to explore lowering the podium at PD Permit phase, provided it does not reduce the rear setbacks of the project. As the project progresses through the PD Permit phase, she urged Staff to ensure continued development of the “craftsman” architectural details are compatible with the neighborhood and include (a) utilization of double-hung windows; (b) roofing materials that replicate wood shingles; (c) use of quality materials along the columns that are environmentally sensitive and emulate river stones; (d) replacement of the canvas awnings with wood overhangs or other features more consistent with the craftsman style; and (e) garage gate design that integrates with the “craftsman style” building. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved with the conditions submitted by Council Member Chavez; and Ordinance No. 26487, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated North Side of Balbach Street, 200 Feet Westerly of South Market Street”, was passed for publication.
Vote: 8-0-3-0. Absent: Diquisto, LeZotte, Yeager.
Council Member Yeager returned to Chambers at this point in the meeting.
11.7 PUBLIC HEARING ON CONFORMING REZONING of the property located at the southwest side of North Capitol Avenue, approximately 240 feet northerly of Berryessa Road (1155 North Capitol Avenue), from A(PD) Planned Development Zoning District to CG-Commercial General Zoning District, to allow commercial uses on 9.32 gross acres. (SYUFY Enterprises, Owner/Developer). Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required. CEQA: Resolution No. 65459
C
01-01-003 - District 4
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C01-01-003 dated September 12, 2001, recommending Council adopt an ordinance rezoning the subject site. (2) Public Hearing Notice to consider a change in rezoning for Project C01 01-003 dated September 12, 2001, and Proof of Publication executed on September 19, 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 Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed and Ordinance No. 26488, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated on the Southwest Side of North Capitol Avenue Approximately 240 Feet Northerly of Berryessa Road (1155 N. Capitol Avenue) passed for publication. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.
Walter Phillips spoke in opposition to the proposed City Hall location, dimensions, and design.
The Council of the City of San José adjourned at 8:50 p.m. in memory of Murphy Sabatino, Sr., a community advocate, role model, and hero to many Italian-Americans.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK