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, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 (A) to confer with real property designated representatives Darrell Dearborn for the City of San José, Dan Shugart for FMC Corporation, and Cornish & Carey, pursuant to Government Code Section 54956.8, for direction concerning purchase, price, and terms of payment for properties located at 1125 Coleman Avenue and 2121 North First Street, San José, California; (B) to confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the case of Ruffo, et al. v. City of San José, et al.; (C) to confer with Legal Counsel involving anticipated litigation and the initiation of litigation in a matter pursuant to subsection (c) of Section 54956.9 of the Government Code; (D) for the purpose of conducting Public Employee Performance Evaluation, City Manager, pursuant to Government Code Section 54957; and (E) to consult with San José Police Department, Chief of Police, regarding threat to public services or facilities.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:55 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager (entered Chambers at 2:00 p.m.); Gonzales
Absent: Council Members: None.
INVOCATION
Father Paul Weisbeck, Holy Spirit Church, delivered the invocation. (District 10)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Shirakawa, Jr., 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: Yeager.
CEREMONIAL ITEMS
1.2 Presentation of a commendation to The Children’s Discovery Museum of San José on receiving the National Award for Museum and Library Service, and for their dedication to the community. (Chavez)
(Orders of the Day)
Documents Filed: None.
Discussion/Action: Council Member Chavez joined Mayor Gonzales at the Podium and introduced Marilee Gandelman, Acting Director of the Children’s Discovery Museum, who acknowledged the efforts of Tom Lindsay-Director of Exhibits, Debbie McKenzie-Development Manager, Linda Fischetti-Education Program Manager, Sharon Blightman-Group Reservationist, Rusty Gaechter-Graphic Artist, former Council Member and Museum Board President emeritus Frank Fiscalini, and Cathy Fisher-Marketing Manager. Mayor Gonzales presented the commendation to the Director, congratulated the Museum for receiving the prestigious award – as the first Museum in California to achieve national recognition for extraordinary services to the community – and applauded the Museum for its dedication to the growth and success of all children.
Joining Mayor Gonzales in a special introduction of the “Reunite With Friends/Reconnect With San José” campaign were Council Member Chavez, Director of Conventions, Arts and Entertainment Nancy Johnson, and Dan Fenton of the San José Silicon Valley Chamber of Commerce. Council Member Chavez displayed the portfolio containing a calendar of events in English, Spanish and Vietnamese, for November and December 2001, described the program, identified some of the attractions occurring in Downtown San Jose, and invited families, friends, neighbors and businesses to participate in and support the campaign to rediscover the San José community and display the civic pride and community spirit that is unique to San José.
CONSENT CALENDAR
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 taken as indicated. Vote: 10-0-1-0. Absent: Yeager.
2.2 Final adoption of Ordinance No. 26500 – Rezones certain real property situated at the northeast corner of North Capitol Avenue and McKee Road. C 01-09-092
Documents Filed: None.
Discussion/Action: Ordinance No. 26500 was adopted. Vote: 10-0-1-0. Absent: Yeager.
2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #11, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Director of General Services, José Obregon, dated October 17, 2001, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 11 for Fiscal Year 2001-2002 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Yeager.
2.4 Approval of reallocation of existing project resources for the first amendment to the consulting services agreement with Acuent, Inc. for the upgrade of the Human Resources/Payroll System to increase compensation by $54,000, for a total contract amount not to exceed $951,200; the amendment will result in reallocating funds from an existing consultant agreement and other project resources with no increase to the total project budget.
(Finance/Human Resources/Information Technology)
Documents Filed: Supplemental memorandum from Director of Finance, Scott P. Johnson, dated November 5, 2001, requesting deferral of Council action on the subject amendment to the November 13, 2001 City Council Agenda.
Discussion/Action: This item was deferred to November 13, 2001.
2.5 Adoption of a resolution of intention to vacate the roadway easement along Silver Creek Road between Yerba Buena Road and Silver Creek Valley Road, reserving a public service easement over the area, and setting a public hearing on November 27, 2001 at 1:30 p.m. Council District: 8. CEQA: Resolution No. 61784.
(Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 17, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70694, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate Silver Creek Road, Between Yerba Buena Road and Silver Creek Valley Road”, was adopted. Vote: 10-0-1-0. Absent: Yeager.
2.6 (a) Report on bids and award of contract for the Municipal Rose Garden West Irrigation Renovation Project to the low bidder, Boulder Rock Landscape Construction, Inc., in the amount of $198,656, and approval of a contingency in the amount of $20,000.
2.6 (b) Adoption of the following appropriation ordinance amendments in the:
(1) Council District 6 Construction Tax and Property Conveyance Tax Fund to increase the Rose Garden Irrigation - West project by $69,000, and decrease the Ending Fund Balance by $69,000; and
(2) Citywide Construction Tax and Property Conveyance Tax Fund to increase the Rose Garden Irrigation - West Plans and Specs project by $21,000, and decrease the Ending Fund Balance by $21,000.
Council District: 6. CEQA: Exempt. (Public Works/City Manager’s Office)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, and Budget Director Larry D. Lisenbee, dated October 17, 2001, recommending Council take appropriate actions on said amendment.
Discussion/Action: The report on bids was accepted and award of contract to Boulder Rock Landscape Construction, Inc., the low bidder was approved with the contingency and execution of the contract authorized; and Ordinance No. 26507, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 Which Appropriates Moneys in the District 6 Construction Tax and Property Conveyance Tax Fund and the Citywide Construction Tax and Property Conveyance Tax Fund in a Total Amount of $90,000, for the Municipal Rose Garden West Irrigation Renovation Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Yeager.
2.7 Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor)
(Deferred from 10/30/01 – Item 2.11)
Documents Filed: None.
Discussion/Action: This item was deferred to November 13, 2001.
Council Member Yeager entered Chambers during discussion of Item 3.2.
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – Meeting of October 24, 2001
Documents Filed: Rules Committee Report of October 24, 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 November 6, 2001 Draft Agenda
The Committee approved the November 6, 2001 City Council Agenda with one addition.
(2) Add New Items to October 30, 2001 Amended Agenda
The Committee recommended five additions to the October 30, 2001 City Council Agenda.
(3) Review November 6, 2001 General Plan Agenda
The Committee approved the November 6, 2001 General Plan Agenda.
(4) Review November 5, 2001 City Council Study Session Agenda
The Committee approved the November 5, 2001 City Council Study Session 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 Presented.
(d) Meeting Schedules
(2) Proposed 2002-2003 City and Redevelopment Agency Budget Calendar. Attachments: (1) Memorandum from Budget Director Larry D. Lisenbee, and Redevelopment Agency Finance and Administration Director David Baum, dated October 12, 2001, recommending the Finance and Infrastructure Committee and the City Council adopt the proposed 2002-2003 City and Redevelopment Agency Budget Calendar as presented.
(3) Memorandum from Mayor Gonzales and Council Members Chavez, Williams and Yeager, dated November 5, 2001, recommending the City Council approve the proposed Budget Calendar for the preparation of the Fiscal Year 2002-2003 Budget as recommended by the Rules Committee, and that Council ensure compliance with City Charter Section 1204 by directing the City Manager to develop a brief and broad budget request, which will provide revenue forecasts and base budget projects in advance of the March Budget Message. (3) Informational memorandum from Budget Director, Larry D. Lisenbee, dated November 5, 2001, responding to Council Member Reed’s comments related to the Budget process and schedule. (4) Memorandum from Council Member Reed, dated October 22, 2001, submitting suggestions for the 2001-2002 budget process and schedule.
The Committee [a] recommended approval of the Proposed 2002-2003 City and Redevelopment Agency Budget Calendar and directed Budget Director Lisenbee to submit a written response to Council Member Reed’s suggestions; and [b] directed a full Council discussion on November 6, 2001 of memoranda from Council Member Reed and Budget Director Lisenbee.
(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated October 18, 2001, listing the items transmitted to the Administration and the items filed for the Public Record for the period September 26-October 16, 2001.
The Committee noted and filed the Public Record for the period.
(f) Boards, Commissions and Committees
None Presented.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(h) Administrative Reviews and Approval
None Presented.
(i) Oral Communications
None Presented.
(j) Adjournment
The meeting was adjourned at 2:20 p.m.
Discussion/Action: Referencing Item 3.2(d), Council Member Reed acknowledged receipt of Staff’s responses to his suggestions for the 2001-2002 budget process and schedule, qualified his support for the Mayor’s Budget Calendar for the preparation of the Fiscal Year 2002-2003 budget as recommended by the Rules Committee, and requested similar information from Redevelopment Agency Executive Director Susan F. Shick, regarding the Redevelopment Agency Budget process. Former Council Member Frank Fiscalini spoke to changes to Measure J and the implementation process. Council Member Dando reviewed the comments contained in the November 5, 2001 memorandum from Mayor Gonzales and Council Members Chavez, Williams, and Yeager, which recommended approval of the proposed Budget Calendar for the preparation of the Fiscal Year 2002-2003 Budget, and that the City Council ensure compliance with City Charter Section 1204 by directing the City Manager to develop a brief and broad budget request which will provide revenue forecasts and base budget projections in advance of the March Budget Message. Upon motion by Council Member Dando, seconded by Council Member Cortesé and unanimously carried, the Rules Committee Report and actions of October 24, 2001 were accepted to include additional recommendation on Item 3.2(d)(1) as contained in the November 5, 2001 memorandum from Mayor Gonzales and Council Members Chavez, Williams, and Yeager. Vote: 11-0-0-0.
3.2 Report of the Rules Committee – Meeting
of October 31, 2001 – (Partial)
Documents Filed: Partial Rules Committee Report of October 31, 2001.
(d) Meeting Schedules. Attachment: Memorandum from Assistant to the City Manager, Deanna J. Santana, dated October 31, 2001, recommending approval of an evening Council Meeting on November 13, 2001 at 7:00 p.m.
The Committee approved a City Council meeting for November 13, 2001 at 7:00 p.m., for the purpose of approving various actions related to the Airport Improvement Program.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortesé and unanimously carried, the Rules Committee Report (Partial) and actions of October 31, 2001 were accepted. Vote: 11-0-0-0.
3.3 Report of
the Finance and Infrastructure Committee – October 24, 2001
Documents Filed: Finance and Infrastructure Committee Report of October 24, 2001.
(a) Consent Items. Attachments: (1) Memorandum from City Auditor, Gerald A. Silva, dated October 16, 2001, submitting a written report of the Office of the City Auditor’s activities for the period September 16 through October 15, 2001, including the schedule of audit costs for September 2001. (2) Memorandum from City Auditor, Gerald A. Silva, dated October 10, 2001, submitting the Independent Accountant’s findings concerning Bay 101 stock transfer.
(1) September Monthly Report
(2) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending June 2001
The Committee approved the Consent Items.
(b) Semi-annual Recommendation Follow-up for Six Months. Attachment: Memorandum from City Auditor, Gerald A. Silva, dated October 15, 2001, transmitting the Semi-Annual Recommendation Follow-Up Report on all Outstanding Audit Recommendations for the Six Months Ended June 30, 2001.
The Committee accepted the report.
(c) Annual Debt Report. Attachment: Memorandum from Director of Finance, Scott P. Johnson, dated October 15, 2001, recommending that the Finance & Infrastructure Committee accept the 10th Annual Debt Report for Fiscal Year 2002-2001.
The Committee accepted the report.
Discussion/Action: See Item 3.4 for Council action taken.
(d) Unfunded Projects Appropriation Report. Attachment: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 12, 2001, attaching the report on unfunded capital project costs for the period July 1 through September 30, 2001.
The Committee accepted the report.
(e) Annual Capital Project Status Report.
The Committee deferred the status report to the November 14, 2001 Committee meeting.
(f) Fire Department Strategic Plan Audit. Attachment: Audit of the City of San José Fire Department’s Strategic Plan regarding proposed fire stations, dated October 2001, submitted by the Office of the City Auditor, specifying opportunities existing for the San José Fire Department to improve upon its response times for emergency calls and its use of equipment and other resources.
The Committee accepted the report with the directive to Staff for additional information on recommendation #4 regarding the conversion to Quint Companies.
(g) Monthly Financial Statement for Agency
(h) Capital Cost Report for Agency
(i) Cash Flow Projection for Agency
(j) Proposed Tax Allocation Bond Sale for Agency
Redevelopment Agency Items 3.3g-3.3j to be reported out at Redevelopment Agency meeting.
(k) Oral petitions
Ross Signorino spoke in the Utility Billing System and the Sewage tax.
(l) Adjournment
The Committee was adjourned at 5:30 p.m.
Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Finance and Infrastructure Committee Report and actions of October 24, 2001 were accepted with Council action on Item 3.3(c) taken at Item 3.4. Vote: 11-0-0-0.
3.4 Presentation on the Annual Debt Report. (Finance)
[Finance and Infrastructure Committee referral 10/24/01 – Item 3.3(c)]
Documents Filed: (1) Memorandum from Assistant to the City Manager, Deanna J. Santana, dated November 2, 2001, attaching the staff presentation to the Finance & Infrastructure Committee regarding the Annual Debt Report. (2) Hard copies of the graphs and table presentation on Debt Management.
Discussion/Action: Beginning with the City’s General Obligation Bond Rating of Aa1/AA+/AA+ from Moody’s Standard & Poor’s and Fitch, respectively, which is the highest rating of any City with a population greater than 300,000 in the State of California, Director of Finance Scott P. Johnson and Deputy Director of Finance Julia H. Cooper presented comprehensive summaries of the Annual Report’s ten subsections. They discussed the selection of debt financing teams, legislative and regulatory issues to be monitored, and current and anticipated market conditions; and summarized the analysis of the City’s diverse debt portfolio by type and amount of debt outstanding, debt management issues, and discussed credit considerations in the debt issuance process. Using graphs and charts, the Directors identified the debt issued by the City and related agencies in Fiscal Year 2000-2001, including outstanding variable rate debt by all agencies as of September 1, 2001 and taxable and tax-exempt rates and refunding opportunities, and described debt projects completed and in progress for Fiscal Year 2001-2002. Regarding credit issues and consideration, Scott Johnson stated the credit analysis process involves four key factors – fiscal, economic, debt, and administration/management – to manage the City’s funds, and involves considerations of the legal debt margin of $10.79 billion for General Obligation debt. In accordance with Moody’s Standard & Poor’s rating, he stated the City falls well below medians in all areas except gross lease debt and that the net lease debt is below Moody’s medians. He stated Fiscal Year 2000-2001 was an extremely active year for debt issuance and Fiscal Year 2001-2002 is anticipated to be active, particularly with multi-family housing programs. He stated the monitoring of debt database and management systems will continue, as will the exploration of creative and innovative financing vehicles to reduce cost of borrowing to the City. He acknowledged the hard work of Deputy Director of Finance Julia H. Cooper and Financial Analyst Dariush Asfari, with special assistance from Michael Ryder-Principal Accountant, Ken Arimura-Senior Accountant, Bonnie Kobayashi-Treasury Manager, May Kwong-Accountant II, Carrie-Murphy, Analyst II, and clerical assistance provided by Melba Griffin, Administrative Assistant, and expressed appreciation for special assistance from City Departments and Offices – San José International Airport, City Attorney’s Office, Redevelopment Agency, Housing Department, and Environmental Services Department. Upon motion by Council Member Dando, seconded by Council Member LeZotte and unanimously carried, the presentation on the Annual Debt Report was accepted. Vote: 11-0-0-0.
Council Members Diquisto and Yeager left Chambers during discussion of Item 4.2.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.2 (a) Initiate proceedings to consider 1645 The Alameda, 1146 Randol Street, and 99 Notre Dame Avenue as landmarks of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.
(b) Setting a public hearing on January 22, 2002, at 1:30 p.m.
(c) Refer the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report and recommendation.
Council Districts 3 and 6.
(Planning, Building and Code Enforcement)
Documents Filed: (1) Memorandum from Historic Landmarks Commission Secretary Joseph A. Horwedel, dated October 17, 2001, recommending Council adopt a resolution approving actions related to the nomination of the subject historical landmark. (2) Undated document entitled “Remarks in support of initiation of process to make 99 Notre Dame a City Landmark”, submitted by Al Hoagland.
Discussion/Action: Al Hoagland of Magnetic Disk Heritage Center, and Bill Bernard spoke in support of the designation. Upon motion by Council Member Williams, seconded by Council Member Cortesé and unanimously carried, Resolution No. 70695, entitled: “Resolution of the Council of the City of San José Initiating Proceedings On Its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, to Designate Three Resources Identified in This Resolution as City Landmarks of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, Yeager.
Council Members Diquisto and Yeager returned to Chambers at this point in the meeting.
Council Member Dando left Chambers during discussion of Item 5.3.
RECREATION & CULTURAL SERVICES
5.3 Council direction on either option:
(a) Adoption of a resolution amending Resolution No. 70419 to:
(1) Reduce parking fees charged at the City’s regional parks for seniors, veterans, and qualified people with disabilities at four specific regional parks: Almaden Lake Park, Alum Rock Park, Kelley Park, and Lake Cunningham Park.
(2) Set a rate of $2.00 per vehicle and establish a reduced fee for the same qualified individuals for the purchase of 10-visit and annual passes, $15.00 and $30.00 respectively, effective November 11, 2001.
(b) Adoption of a resolution amending Resolution No. 70419 to:
(1) Provide for free parking at the City’s regional parks for seniors, veterans, and qualified people with disabilities on a trial basis, for November 11 and 18, 2001, at four specific regional parks: Almaden Lake Park, Alum Rock Park, Kelley Park, and Lake Cunningham Park.
(2) Refer the matter back to the Parks and Recreation Commission and the Disability Advisory Commission for its consideration at a public hearing, report and recommendation.
(3) Direction to staff to report back to Council on November 20, 2001 with feedback from the Parks and Recreation Commission and the Disability Advisory Commission and information on the trial basis program.
(Parks, Recreation and Neighborhood Services)
Documents Filed: (1) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 19, 2001, requesting Council direction on either option for the collection of discounted parking fees. (2) Memorandum from Parks and Recreation Commission Chair John Guisto, dated October 18, 2001, supporting the recommendation to implement discounted parking rates for senior citizens, veterans and persons with disabilities at four of the City’s Regional Parks.
Discussion/Action: Council Member Chavez recommended Council approve the action recommended in Item 5.3(a)(1) and (2) with direction to Staff to reduce the $2.00 rate to “no fee” and return to Council with a report on the impacts, and with no Council action required on Item 5.3(b)(1), (2) and (3). Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, Resolution No. 70696, entitled: “A Resolution of the Council of the City of San José Setting the Schedule of Fees for the Use of Parks and Recreational Facilities and Repealing Resolution No. 70419”, was adopted. Vote: 10-0-1-0. Absent: Dando.
Council Member Dando returned to Chambers during consideration of Item 6.1.
TRANSPORTATION SERVICES
6.1 Report on bids and award of contract for the Hope Street Improvement Project to the low bidder, bidder, RGW Construction, Inc., in the amount of $578,074, and approval of a contingency in the amount of $87,000. Council District: 4. CEQA: Exempt. (Public Works)
Documents Filed: (1) Supplemental memorandum from Acting Director of Public Works Rajeev Batra, dated November 2, 2001, providing additional information subsequent to the receipt of bids, and recommending Council accept the bid report and approve the award of contract and contingency to the lowest responsive bidder, RGW Construction, Inc. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated October 17, 2001, recommending Council accept the bid report and approves award and contingency of said contract to the low bidder.
Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Chavez and unanimously carried, the report on bids was accepted and award of contract to RGW Construction, Inc., the low bidder and the contingency amount were approved and execution of the contract authorized. Vote: 11-0-0-0.
AVIATION SERVICES
8.1 Acceptance of the Airport Commission's response on renaming the San José International Airport to honor Norman Y. Mineta and Council action on either option:
(a) Forming a task force, as recommended by the Airport Commission, to study how to appropriately honor Mr. Mineta in some fashion at the Airport; or
(b) Direction to staff to proceed with considering the renaming of the Airport the “Norman Y. Mineta San José International Airport.” (Airport)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Members Campos, Chavez, Cortesé, and Diquisto, dated November 6, 2001, recommending Council rename San José International Airport as the Norman Y. Mineta San José International Airport, and direct Staff to follow up with the necessary actions to accomplish same. (2) Memorandum from Director of Aviation, Ralph G. Tonseth, dated October 17, 2001, submitting the report on the process for naming City-owned lands and facilities, with no recommendation from Airport Staff. (3) Letter from Congressman Michael M. Honda, dated November 6, 2001, endorsing the renaming of the San José International Airport in honor of Norman Y. Mineta. (4) Electronic mail messages from Santa Clara County residents conveying their opinions on the renaming of the San José International Airport.
Discussion/Action: The following individuals spoke in support of the proposed renaming of the Airport: Richard Konda, Asian Law Alliance; Sharon Sweeney, former chair of the Airport Commission; Victor Martinez, representing Congressman Mike Honda, read a letter from the Congressman endorsing the proposal; Jim Cunneen, President & CEO San José Silicon Valley Chamber of Commerce; Ken Kamei, Senior Vice President and General Counsel for Asian Americans for Community Involvement; Naomi Nakano-Matsumoto; and Steven Nakano, Japanese-American Chamber of Commerce of Silicon Valley. Pete Campbell and Ross Signorino spoke in opposition to the proposal. Council Member Reed stated he would not support the recommendation because City Policy is not to change existing names. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and carried, the Airport Commission's response on renaming the San José International Airport to honor Norman Y. Mineta was accepted and the renaming of San José International Airport as the “Norman Y. Mineta San José International Airport”, was approved. Vote: 10-1-0-0. Noes: Reed.
Council Member Dando left Chambers during discussion of Item 10.1.
JOINT COUNCIL/REDEVELOPMENT AGENCY
The Redevelopment Agency Board convened at 3:25 p.m. to consider Items 10.1 and 10.2 in a joint session.
10.1 (a) Adoption of resolutions by the City Council and Redevelopment Agency Board approving fiscal actions relative to the Civic Center Plaza Project:
(1) 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.
(2) Adoption of a resolution by the Agency Board approving the following adjustments to the Agency’s Five Year CIP:
(a) Approving the shift of $4,000,000 from Civic Plaza - Land Acquisition project line to the Capital Reserve; and,
(b) Approving the shift of $5,850,000 from
Adopted FY2001-2002 Capital Budget for the Civic Plaza Infrastructure project
line in the Civic Plaza Redevelopment area to the Capital Reserve; and
(c) Approving the shift of $3,320,000 from
Adopted Five Year CIP FY2002-2003 for the Civic Plaza Infrastructure project
line in the Civic Plaza Redevelopment area to the Capital Reserve; and,
(d) Approving the shift of $3,320,000 from
Adopted Five Year CIP FY2003-2004 for the Civic Plaza Infrastructure project
line in the Civic Plaza Redevelopment area to the Capital Reserve.
(3) Adoption of a resolution by the Agency Board amending the FY 2001-2002 Agency appropriations resolution to reflect the above adjustments.
(City Attorney’s Office)
(Deferred from 9/25/01 – Item 10.1 et al., and 10/30/01 – Item 10.1)
(b) Adoption of a resolution recertifying
that the proposed new Downtown City Hall conforms to Measure I as approved by
the voters on November 5, 1996.
Documents Filed: (1) Memorandum from City Attorney and General Counsel, J. Richard Doyle dated November 1, 2001, recommending City Council/Agency Board adopt said resolutions related to the Civic Plaza Redevelopment Area. (2) Memorandum from Director of Finance, Scott P. Johnson, dated November 1, 2001, recommending Council adopt a resolution certifying that the proposed new Downtown City Hall conforms to Measure I as approved by the voters on November 5, 1996. (3) Hard copies of the Staff presentation on the Updated Measure I Analysis.
Discussion/Action: To clarify Council action required on the various items, City Attorney Richard Doyle stated Item 10.1(a) and (b) involve an amendment to the Cooperation Agreement between the City and the Redevelopment Agency requiring the City to reimburse the Redevelopment Agency for the site acquisition costs for the new City Hall, if and when the City takes title to the Downtown site, and includes a number of budget adjustments related to the Agreement to execute provisions in the terms of repayment, and requires Council to recertify that the Downtown City Hall conforms to Measure I provisions. Using charts and graphs, Director of Finance Scott P. Johnson provided historical information on the current location of City Hall; cited studies undertaken by the City regarding space needs; and discussed appointment and role of the Civic Center relocation Task Force which among other things was to review and recommend the financial strategy and other project features including site requirements, building size and structural characteristics which will abide by the economic restrictions provided for in the language approved by the voters in November 1996. In reviewing the results of the preliminary Measure I analysis, Scott Johnson stated both tests – Economic and Budget – were met in 1999 through application of a detailed financial model and certified by the City Council in June 1999. He described the “Lease” and “Build” scenarios and assumptions common to both, and provided an update on the financial feasibility analysis and history of the litigation challenging the relocation of the City Hall to the Downtown. He summarized the updated Measure I analysis of the proposed construction of a new Downtown City Hall, resulting from the Appeals Court decision that found the use of Redevelopment Agency funds for the land acquisition costs was not permitted; reviewed the update of the 1999 Financial Model which included financing the cost of the land purchased by the Redevelopment Agency for the new City Hall; and described the 2001 Financial Model in which all of the variables and assumptions in the original 1999 model were reexamined and information updated as appropriate. He stated the Downtown Civic Center project is financially feasible under both the 1999 Financial Model Update and the 2001 Financial Model Update. He stated the updated analysis confirms that the City would continue to receive long-term economic benefits by relocating City Hall Downtown rather than continuing to lease existing City Hall, and that the analysis shows the City meets the Measure I requirements as the relocation of the City to the Downtown can be accomplished without raising taxes or taking funds from other City programs.
Ross Signorino spoke in
opposition to the proposal. Vice Mayor Shirakawa, Jr. recommended approval of
the action proposed by Staff, with clarifications suggested by the City
Attorney. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member
Cortesé and unanimously carried, Resolution No. 70697, entitled: “Resolution of
the Council of the City of San José Approving the Amended and Restated
Cooperation Agreement Between the City of San José and the Redevelopment Agency
Regarding the Civic Plaza Redevelopment Project Area Providing for the Terms of
Payment to the Agency by the City for the Civic Center Site and Civic Center
Garage Site”; Redevelopment Agency Board Resolution No. 5226 approving the
first amendment to the cooperation agreement and providing for the repayment of
the Agency by the City for the Civic Center site and Civic Center garage site;
Redevelopment Agency Board Resolution No. 5227 approving the adjustments to the
Agency’s Five Year CIP; Redevelopment Agency Board Resolution No. 5228 amending
the FY 2001-2002 Agency appropriations resolution to reflect the adjustments;
and Resolution No. 70698, entitled: “A Resolution of the Council of the City of
San José Recertifying That the Downtown Civic Center Project Meets the
Parameters of Measure I”, were adopted. Vote:
10-0-1-0. Absent: Dando.
10.2 Approval of the City and Agency positions on the Open Space Authority ballot measure. (Mayor)
(Deferred from 10/23/01 – Item 3.5 and 10/30/01 – Item 10.2)
Documents Filed: See City Council Minutes of October 30, 2001, Item 3.7.
Discussion/Action: Upon motion by Vice Mayor
Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, the
position of “support” was approved for the Santa Clara County Open Space
Authority/Open Space Preservation Assessment District that would increase
resources for its open space and agricultural land acquisition program and
authorize the City Clerk and Agency Executive Director to vote in favor of the
Assessment District on behalf of the City and Redevelopment Agency. Vote: 10-0-1-0. Absent: Dando.
The Redevelopment Agency Board of the City of San José
adjourned at 4:04 p.m.
CLOSED SESSION REPORT
Disclosure of Closed Session Action of November 6, 2001 submitted by City Attorney, J. Richard Doyle:
A. Authority to Enter Litigation Cases as Amicus Curiae:
1. Case Name: City of Columbus v. Ours Garage and Wrecker Service, Inc., et al.
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Adverse Party or Parties: |
Ours Garage and Wrecker Service, Inc., et al. |
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Substance of Litigation: |
Challenge to validity of municipal tow truck regulations. |
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Council Vote: Ayes: |
Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales. |
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Noes: |
None. |
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Absent: |
None. |
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Disqualified: |
None. |
RECESS/RECONVENE
The City Council recessed at 4:05 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Dando (excused)
City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications as recommended. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the below noted continuances were granted. Vote: 10-0-1-0. Absent: Dando.
PUBLIC HEARINGS
11.1 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).
PDC 01-03-043 - District 6
(Continued from 10/16/01 – Item 11.6)
Documents Filed: None.
Discussion/Action: This item was continued to November 20, 2001.
11.2 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.
PDC 01-01-001 - District 7
(Continued from 10/16/01 – Item 11.7)
Documents Filed: None.
Discussion/Action: This item was continued to November 20, 2001.
11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Coastland Avenue, approximately 80 feet south of Lincoln Court (2166 Coastland Avenue), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to five single-family detached residential units on 1.02 gross acres. (Mike Chen, Coastland Villa LLC, Owner/Developer) CEQA: Negative Declaration.
PDC 00-12-127 - District 6
Documents Filed: None.
Discussion/Action: This item was continued to November 20, 2001.
11.8 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Jackson Street and North 7th Street, from the LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow 166 single-family attached dwelling units on 8.2 gross acres. (Mariani Packing Partners, Owner; Pulte Home Corporation, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 01-03-049 - District 3
Documents Filed: None.
Discussion/Action: This item was continued to November 20, 2001.
CEREMONIAL ITEM
1.1 Presentation of a commendation to the Sikh Gurdwara of San José for raising over $150,000 to assist families and victims of the terrorist attacks on September 11, 2001. (Cortese/Reed)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium was Council Members Cortesé and Reed who introduced the members of the Sikh Gurdwara and acknowledged their extraordinary contribution. On behalf of the City of San José, Mayor Gonzales presented the commendation to and expressed appreciation for the Gurdwara’s gift and willingness to respond to the needs of those affected by the terrorist attacks.
Council Member Williams left Chambers during discussion of Item 5.2.
RECREATION & CULTURAL SERVICES
5.2 (a) Approval of an ordinance amending Chapters 14.25 (Park Impact Ordinance) and 19.38 (Parkland Dedication Ordinance) of the San Jose Municipal Code in order to eliminate the exemption for the Downtown Core Area.
5.2 (b) Adoption of a resolution establishing a transition period for residential projects in the Downtown Core Area subject to the Park Impact Ordinance.
Council District 3. SNI: St. James Square/Washington. CEQA: Exempt.
(Parks, Recreation and Neighborhood Services)
Documents Filed: (1) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 19, 2001, recommending Council adopt said ordinance and resolution. (2) Public Hearing Notices to consider a change in the Park Impact Ordinance and the Park Dedication Ordinance, both dated October 23, 2001, and Proofs of Publication executed on November 2, 2001 and November 5, 2001, respectively, submitted by the City Clerk.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Ordinance No. 26508, entitled: “An Ordinance of the City of San José Repealing Section 14.25.500 of Chapter 14.25 of Title 14 of the San José Municipal Code and Repealing Section 19.38.500 of Chapter 19.38 of Title 19 to Eliminate the Downtown Core Area Exemption”, was passed for publication; and Resolution No. 70699, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68207 to Amend Fees Imposed Under the Park Impact and Parkland Dedication Ordinances in Order to Establish a Fee for Projects in the Downtown Core Area and to Establish a Transition Period for Residential Projects in the Downtown Core Area Subject to the Park Impact Ordinance”, was adopted. Vote: 9-0-2-0. Absent: Dando, Williams.
PUBLIC HEARINGS
11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at east side of Cypress Avenue, approximately 100 feet northerly of Judro Way, from R-M Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to seven single-family attached residential units on 0.5 gross acre. (E & H 1st FLP, Owner; Emily Chen, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 99-06-052 - District 1
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated October 18, 2001, recommending the City Council adopt an ordinance to approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for project PDC 99-06-052 dated September 25, 2001, and Proof of Publication executed on September 28, 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 LeZotte, seconded by Council Member Cortesé and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26509, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the East Side of South Cypress Avenue Approximately 140 Feet Northerly of Adra Avenue (412 South Cypress Avenue)”, was passed for publication. Vote: 9-0-2-0. Absent: Dando, Williams.
11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of South King and Virginia Place (415 South King Road), from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow the construction of a 2,100 square foot drive-through restaurant and related site improvements (including the demolition of an existing 1,210 square foot drive-through restaurant and a single-family residence) on 0.70 gross acre. (Ampelio and Maria Meza, Owner/James Ikeda, Developer). CEQA: Exempt. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 00-09-085 - District 5
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated October 17, 2001, recommending the City Council adopt an ordinance to approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for project PDC 00-09-085 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. Pedro Caceres and Jim Ideda addressed Council on the rezoning. Council Member Campos requested the Developer to continue to work with the San José Police Department and the Planning Department during the PD Permit stage to identify sites for additional lighting in the area and the creation of signage in the rear elevation of the building. Upon motion by Council Member Campos, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved with direction to the Developer, and Ordinance No. 26510, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southwest Corner of South King Road and Virginia Place”, was passed for publication. Vote: 9-0-2-0. Absent: Dando, Williams.
Council Member Williams returned to Chambers at this point in the meeting.
11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of Avalani Avenue, at the westerly terminus of Luby Drive, from R-M Residence Zoning District to A(PD) Planned Development Zoning District, to allow five single-family detached residences (court homes) on 0.373 gross acre. (Discount Realty, Owner/Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 01-03-042 - District 5
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated October 17, 2001, recommending the City Council adopt an ordinance to approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for project PDC 01-03-042 dated September 17, 2001, and Proof of Publication executed on September 26, 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 Campos, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26511, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of Avalani Avenue at the Westerly Terminus of Luby Drive”, was passed for publication. Vote: 10-0-1-0. Absent: Dando.
11.7 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Cypress Avenue, approximately 300 feet northerly of Adra Avenue, from R-M Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to three single-family detached residential units on 0.2 gross acre. (Tony Motamedi, Owner/Developer). CEQA: Exempt. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 01-04-057 - District 1
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated October 18, 2001, recommending the City Council adopt an ordinance to approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for project PDC 01-04-057 dated September 25, 2001, and Proof of Publication executed on September 28, 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 LeZotte, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved with the Planning Director’s recommendation of condition that the applicant be required to submit revised plans that include several minor revisions to the satisfaction of the Director of Planning, and Ordinance No. 26512, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the East Side of South Cypress Avenue Approximately 300 Feet Northerly of Adra Avenue (402 South Cypress Avenue)”, was passed for publication. Vote: 10-0-1-0. Absent: Dando.
11.9 PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the west side of North First Street and both sides of Component Drive, from IP(PD) Zoning District to A(PD) Planned Development Zoning District, to allow a height increase from 90 to 105 feet for research and development uses on 40.92 gross acres. (BEA Systems, Inc., Owner/Developer). CEQA: Resolution No. 60197. Director of Planning, Building, and Code Enforcement recommends approval.
PDC 01-08-083 - District 4
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 01-08-083, dated October 17, 2001, recommending approval of the proposed Conforming Rezoning. (2) Public Hearing Notice to consider a change in Zoning for project PDC 01-08-083 dated October 16, 2001, and Proof of Publication executed on October 23, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Reed, seconded by Council Member Chavez and unanimously carried, the public hearing was closed, the Staff recommendation approved, and Ordinance No. 26513, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the West Side of North First Street, Both sides of Component Drive”, passed for publication. Vote: 10-0-1-0. Absent: Dando.
ADJOURNMENT
The Council of the City of San José recessed at 7:19 p.m. and reconvened the Public Hearings on the 2001 Annual Review of the General Plan.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK