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, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members - Dando (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 pertaining to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the cases of Simpson v. City of San José, et al.; and People For Livable And Affordable Neighborhoods v. City of San José, et al.; (B) confer with Legal Counsel regarding anticipated litigation (1) involving a matter where there is significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code, and (2) involving the initiation of litigation in two matters pursuant to subsection (c) of Section 54956.9 of the Government Code; and (C) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Alex Gurza, and Employee Organization of the San José Police Officers’ Association.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members - Campos, Chavez, Cortesé, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members - Dando (excused)
INVOCATION
Twenty members of James Randol Elementary School Student Council, accompanied by Principal and Teachers, expressed sentiments of thanksgiving. (District 10)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led in the Pledge of Allegiance.
Mayor Gonzales and the City Council joined Council Member Cortesé in special recognition of Stacy Sundsbarm. While administering aid to the individual injured in an automobile accident on Highway 101, approaching Route 280, another vehicile careened into a light post, which struck and killed Mrs. Sundsbarm. Tor Sundsbarm, husband, Bradley, 12-year old son, and Heidi, 9-year old daughter were invited to stand to be recognized; and on behalf of the Sundsbarm family, Heidi accepted a letter signed by Mayor Gonzales and Council Member Cortesé and presented by City Clerk, Patricia L. O’Hearn, memorializing Mrs. Sundsbarm’s unselfish and courageous acts of humanitarianism.
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: Dando.
CEREMONIAL ITEMS
1.1 Presentation of a commendation to Westfield Shoppingtown. (Dando, Yeager)
(Orders of the Day)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Yeager introduced Sarah Vasquez–General Manager of Valley Fair, Phillip St. Pierre–General Manager of Oakridge Shopping Center, and Lynn Reise–Marketing Director for both shopping malls, and commended them for the “Westfield Works Wonders” shoppingtown festivities at Oakridge and Westfield Shopping Centers. Council Member Yeager presented the commendation to Westfield, which sponsors the fundraising activities for schools and non-profit organizations, and expressed appreciation for the organizations’ contributions to the City of San José.
CONSENT CALENDAR
Upon motion by Council Member
Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the
Consent Calendar was approved and the below listed actions taken as indicated. Vote: 10-0-1-0. Absent: Dando.
Final adoption of ordinances.
2.2 (a) Final adoption of Ordinance No., 26508 – Repeals 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.
Documents Filed: Proof of publication of the title of Ordinance No. 26508 executed on
November 13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26508 was
adopted. Vote: 10-0-1-0. Absent: Dando.
2.2 (b) Final adoption of Ordinance No. 26509 – Rezones certain real property situated at the east side of South Cypress Avenue, approximately 140 feet northerly of Adra Avenue (412 South Cypress Avenue). PDC 99-06-052
Documents Filed: Proof of publication of the title of Ordinance No. 26509 executed on November 13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26509 was
adopted. Vote: 10-0-1-0. Absent: Dando.
2.2(c) Final adoption of Ordinance No. 26510 – Rezones certain real property situated at the southwest corner of South King Road and Virginia Place. PDC 00-09-085
Documents Filed: Proof of publication of the title of Ordinance No. 26510 executed on
November 13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26510 was
adopted. Vote: 10-0-1-0. Absent: Dando.
2.2(d) Final adoption of Ordinance No. 26511 – Rezones certain real property situated at the west side of Avalani Avenue, at the westerly terminus of Luby Drive. PDC 01-03-042
Documents Filed: Proof of publication of the title of Ordinance No. 26511 executed on
November 13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26511 was
adopted. Vote: 10-0-1-0. Absent: Dando.
2.2(e) Final adoption of Ordinance No. 26512 – Rezones certain real property situated at the east side of South Cypress Avenue, approximately 300 feet northerly of Adra Avenue (402 South Cypress Avenue). PDC 01-04-057
Documents Filed: Proof of publication of the title of Ordinance No. 26512 executed on
November 13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26512 was
adopted. Vote: 10-0-1-0. Absent: Dando.
2.2(f) Final adoption of Ordinance No. 26513 – Rezones certain real property situated on the west side of North First Street, both sides of Component Drive. PDC 01-08-083
Documents Filed: Proof of publication of the title of Ordinance No. 26513 executed on
November 13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26513 was
adopted. Vote: 10-0-1-0. Absent: Dando.
2.3 Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Monterey/South First Street Tree Planting Project, the Repertory Theatre Modification Project, and the Union and Foxworthy Avenues Improvement Project, with a net impact to the fund of $144,000, and adoption of a resolution making certain determinations regarding the related expenditure of Redevelopment Agency funds for the Union/Foxworthy project and the Monterey/South First Street project. (Public Works/City Manager’s Office)
Documents Filed: Memorandum from Budget
Director Larry D. Lisenbee, and Acting
Director of Public Works Rajeev Batra, dated October 31, 2001, recommending
Council adopt said appropriation ordinance and funding sources resolution
amendments in the Services for Redevelopment Capital Projects Fund.
Discussion/Action: Ordinance No. 26517,
entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to
Appropriate Moneys in the Redevelopment Capital Projects Fund in the Amount of
$144,000 for Various Public Improvements in Redevelopment Project Areas; and
Providing That This Ordinance Shall Become Effective Immediately Upon
Adoption”; Resolution No. 70711, entitled: “A Resolution of the Council of the
City of San José 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. 70712, entitled: “Resolution of the
Council of the City of San José Making Certain Determinations Regarding the
Expenditure of Redevelopment Agency Funds for Certain Public Improvements in
the Neighborhood Business Clusters and Monterey Corridor Redevelopment Project
Areas”, were adopted. Vote: 10-0-1-0.
Absent: Dando.
2.4 Adoption of amendments to the annual appropriation ordinance and funding sources resolution in the State Drug Forfeiture Fund in the amount of $175,000. (Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated October 31, 2001, recommending Council adopt amendments to annual appropriation ordinance and funding sources resolution in the State Drug Forfeiture Fund.
Discussion/Action: Ordinance No. 26518,
entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to
Appropriate Moneys in the State Drug Forfeiture Fund in the Amount of $175,000,
for Police Department Equipment; and Providing That This Ordinance Shall Become
Effective Immediately Upon Adoption”; and Resolution No. 70713, entitled: “A
Resolution of the Council of the City of San José”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #13, 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 31, 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. 13 for Fiscal Year 2001-2002
was approved and execution of the purchase orders authorized. Vote: 10-0-1-0.
Absent: Dando.
2.6 Adoption of a resolution indicating the City’s interest in the acquisition of all or a portion of the surplus East Side Union High School District property, presently housing the District Office facility, located on the east side of Capitol Avenue, between Mabury Road and Penitencia Creek Road, and amending Table I of the City’s School Site Reuse Plan to reflect this interest. CEQA: Exempt. Council District 4. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 31, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70714,
entitled: “A Resolution of the Council of the City of San José Declaring an
Interest in Acquisition of the East Side Union High School District’s Surplus
Property Located on the East Side of Capitol Avenue Between Mabury Road and
Penitencia Creek Road and Commonly Known as 830 North Capitol Avenue and
Directing the Administration to Update Table I of the City’s School Site Reuse
Plan to Reflect This Interest”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.7 Adoption of a resolution initiating proceedings and setting December 4, 2001 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Parker No. 23 which involves the annexation to the City of San José of 1.24 gross acres, located at the south side of Woodard Avenue, approximately 110 feet easterly of Starview Drive, and the detachment of the same from the Central Fire Protection District and West Valley Sanitation District. CEQA: Resolution No. 65459. Council District 9. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 31, 2001, recommending the placement of said action on the Consent Calendar of the November 20, 2001 City Council Agenda.
Discussion/Action: Resolution No. 70715,
entitled: “Resolution of the Council of the City of San José Initiating
Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited
Territory Designated as Parker No. 23 and Described Herein, and Setting the
Date and Place for Council Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.8 Adoption of a resolution initiating proceedings and setting December 18, 2001 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Burbank No. 35 which involves the annexation to the City of San José of 0.13 acre of land, located on the east side of North Bascom Avenue, approximately 90 feet north of Olive Avenue and generally bounded by the City of San José Annexation #762 – Sunol No. 14, the City of San José Annexation #678 – Cory No. 6, and the City of San José Annexation #238 – Burbank No. 6-A, and the detachment of the same from the appropriate special districts including: Central Fire Protection District, County Library Service Area, and County Lighting Service. CEQA: Exempt. Council District 6. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 31, 2001, recommending the placement of said action on the Consent Calendar of the November 20, 2001 City Council Agenda.
Discussion/Action: Resolution No. 70716,
entitled: “Resolution of the Council of the City of San José Initiating
Reorganization proceedings for Annexation and Detachment of Certain Uninhabited
Territory Designated as Burbank No. 35 and Described Herein, and Setting the
Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.9 Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor)
(Deferred from 10/30/01 – Item 2.11 and 11/13/01 – Item 2.15)
Documents Filed: None.
Discussion/Action: This item was deferred to December 4, 2001.
STRATEGIC SUPPORT SERVICES
3.2 Report of
the Rules Committee – November 7, 2001
Documents Filed: Rules Committee Report of November 7, 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 20, 2001 Draft Agenda
The Committee approved the November 20, 2001 City Council Agenda with one change.
(2) Review November 20, 2001 General Plan Agenda
The Committee approved the November 20, 2001 General Plan Agenda.
(3) Add New Items to November 13, 2001 Amended Agenda
The Committee recommended four additions to the November 13, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
None Filed.
(d) Meeting Schedules
None Presented.
(e) The Public Record
No Public Record filed.
(f) Boards, Commissions and Committees
(1) Advisory Commission on Rents. Attachment: Memorandum from Council Member Campos, dated November 5, 2001, recommending the appointment of Steven Wincor to fill the vacant position on the Advisory Commission on Rents.
The Committee recommended appointment of Steven Wincor as the neutral representative for an unexpired term ending December 31, 2004.
(2) Airport Commission. Attachment: Memorandum from Council Member Diquisto, dated November 1, 2001, recommending the appointment of Steve Tedesco to fill the vacant position on the Airport Commission.
The Committee recommended appointment of Steven Tedesco to an unexpired term ending June 30, 2003.
(3) Child Care Commission. Attachment: Memorandum from Council Member Yeager, dated November 6, 2001, recommending the appointment of Alexandrina Esparza to fill the vacancy on the Child Care Commission.
The Committee recommended appointment of Alexandrina Esparza to an unexpired term ending June 30, 2005.
(4) CDBG Steering Committee. Attachments. (1) Memorandum from Council Member Reed, dated November 6, 2001, recommending the appointment of Hung Nguyen (District 7), Shahnawaz Wasi Saigal (District 5), and Steven Sosnowski (District 6) to the CDBG Steering Committee. (2) Memorandum from Vice Mayor Shirakawa, Jr., dated October 26, 2001, recommending Hung Nguyen to represent Council District 7 on the Community Development Block Grant Steering Committee.
The Committee recommended the following appointments: Shahnawaz Saigal as the District 5 representative for an unexpired term ending June 30, 2004; Steven Sosnowski as the District 6 representative for an unexpired term ending June 30, 2003; and Hung Nguyen as the District 7 representative for an unexpired term ending June 30, 2004.
(5) Disability Advisory Commission. Attachment: Memorandum from Council Member LeZotte, dated November 6, 2001, requesting the terms of Charlotte Howard and Lila Kraai to be extended for six months.
The Committee recommended extending the terms of Charlotte Howard (Incumbent) and Lila Kraai (Incumbent) until June 30, 2002 and directed the City Clerk to readvertise the two vacant positions.
(6) Disadvantaged Business Development Commission. Attachment: Memorandum from Council Member Reed, dated November 6, 2001, recommending the appointments of Brendan Nwachukwu (District 7), Raj S. Budwal (Distrist 3), Davlyn Jones (District 6), and Niduvadan Gopinathan (District 1) to fill the non-designed positions on the Disadvantaged Business Development Commission.
The Committee recommended the appointment of Davlyn Jones, Gopinathan Niduvadan and Brendan Nwachukwu to terms ending December 31, 2005 and Raj Budwal to an unexpired term ending December 31, 2002; and directed the City Clerk to readvertise for two designated positions.
(7) Housing Advisory Commission. Attachment: Memorandum from Council Member Cortesé, dated November 7, 2001, recommending the appointments of Steven Donahue (District 9), Lisa Gonzales (District 3), Katherine Bock (District 6), Tom Fink (District 3), Linda Morena (District 2), and Jeffrey Dennison (District 7) to the Housing Advisory Commission.
The Committee recommended the following appointments: Lisa Gonzales to an unexpired term ending December 31, 2003; Jeffrey Dennison and Tom Fink to unexpired terms ending December 31, 2004; and Katherine Bock, Steven Donahue and Linda Moreno to terms ending December 31, 2005.
(8) Human Rights Commission. Attachments: (1) Memorandum from Council Member Yeager, dated November 6, 2001, recommending the appointments of Paul Feci (District 8), Robert Bailey (District 5), Ashu Kalra (District 2), Soccoro Reyes-McCord (District 1), and Sal Esposito (District 6) to fill the vacancies on the Human Rights Commission. (2) Memorandum from Vice Mayor Shirakawa, Jr., dated October 26, 2001, recommending the appointment of Maria Christina Lopez to represent Council District 7 on the Human Rights Commission.
The Committee recommended appointment of Robert Bailey (Incumbent), Paul Feci (Incumbent), Ashu Kalra (Incumbent), Socorro Reyes-McCord (Incumbent), and Sal Esposito to terms ending December 31, 2005.
(9) Mobile Home Advisory Commission. Attachment: Memorandum from Vice Mayor Shirakawa, Jr., dated November 6, 2001, recommending (a) re-advertising of the Neutral Representative and the Landlord Representative positions to the Mobile Home Advisory Commission, and (b) the appointment of Ivan Klitgaard for a second term as the Resident Representative.
The Committee recommended appointment of Ivan Klitgaard (Incumbent) as the resident representative for a term ending December 31, 2005 and directed the City Clerk to readvertise the landlord and neutral positions.
(10) Senior Citizens Commission. Attachment: Memorandum from Council Member Dando, dated November 7, 2001, recommending Elissa Young to be appointed to the Senior Citizens Commission.
The Committee recommended appointment of Elissa Young for a term ending June 30, 2005.
(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 2:15 P.M.
Documents Filed: Upon motion by Vice Mayor
Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the
Rules Committee Report and actions of November 7, 2001 were accepted. Vote: 10-0-1-0. Absent: Dando.
3.4 Adoption of a resolution of support for the “Draft Compact for a Sustainable Bay Area sponsored by the Bay Area Council regarding smart growth. (Mayor)
(Rules Committee referral 11/14/01)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated November 16, 2001, recommending Council approve the resolution to endorse the Draft Compact for a Sustainable Bay Area. (2) Hard copies of the presentation on the Bay Area Alliance for Sustainable Development. (3) Letter from Mary Griffin, Governmental Liaison, Bay Area Alliance for Sustainable Development, dated November 24, 2001, enclosing a portfolio containing copies of the Draft Compact for Sustainability.
Discussion/Action: Referencing his memorandum of November 6, 2001, Mayor Gonzales reviewed background information on the Bay Area Alliance for Sustainable Development coalition and regional challenges and equitable distribution of the benefits and opportunities of the current economy. He stated the Alliance, comprised of nine Bay Area cities, has embraced the definition of sustainable development as the ability to meet the needs of the present without compromising the ability of future generations to meet their own needs, and is committed to taking actions to achieve the goal that integrate a prosperous economy, quality environment, and social equity. He stated the ten commitments are entirely consistent with the priorities, goals, and achievements of the City of San José and urged Council to endorse in concept the strategic commitments – (1) Enable a diversified, sustainable and competitive economy to continue to prosper and provide jobs in order to achieve a high quality of life for all Bay Area residents. (2) Accommodate sufficient housing affordable to all income levels within the Bay Area to match population increases and job generation. (3) Target transportation investment to achieve a world-class comprehensive, integrated and balanced multi-modal system that supports efficient land use and decreases dependency on single-occupancy vehicle trips. (4) Preserve and restore the region’s natural assets, including San Francisco Bay, farmland, open space, other habitats, and air and water quality. (5) Use resources efficiently, eliminate pollution, and significantly reduce waste. (6) Focus investment to preserve and revitalize neighborhoods. (7) Provide all residents with the opportunity for quality education and lifelong learning to help them meet their highest aspirations. (8) Promote healthy and safe communities. (9) Implement local government fiscal reforms and revenue sharing. (10) Stimulate civic engagement. Mary Griffin, Governmental Liaison, Bay Area Alliance for Sustainable Development, spoke in support of the proposed legislation. Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, Resolution No. 70717, entitled: “A Resolution of the Council of the City of San José Endorsing the Draft Compact for a Sustainable Bay Area and Supporting the Efforts of the Bay Area Alliance for Sustainable Development to Achieve Regional Consensus on Sustainable Development”, was adopted. Vote: 10-0-1-0. Absent: Dando.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee – November 5, 2001
Documents Filed: Economic Development & Environment Committee Report of November 5, 2001
(a) Annual Report of the First Source Employment Program
The Committee deferred this item to December 3, 2001.
(b) First Quarter Redevelopment Housing Report. Attachment: Memorandum from Redevelopment Agency Executive Director, Susan F. Shick, dated November 5, 2001, attaching the Redevelopment Agency’s report on housing development activities in the Greater Downtown Area and in the Neighborhood & Industrial project areas for the first quarter of the 2001-2002 Fiscal Year.
The Committee accepted Staff’s quarterly report.
(c) Parkland Ordinances Fee Adjustment Report
The Committee deferred this item to December 3, 2001.
(d) Monthly Status Report on Housing Production Team Action Items
The Committee deferred this item to December 3, 2001.
(e) Quarterly Report on Activity in the Project Development Program
The Committee deferred this item to December 3, 2001.
(f) Quarterly Report on Housing Rehabilitation Program
The Committee deferred this item to December 3, 2001.
(g) Quarterly Report on the Housing and Homeless Fund
The Committee deferred this item to December 3, 2001.
(h) Monthly Report on Affordable Housing Production
The Committee deferred this item to December 3, 2001.
(i) Reasonable Accommodation Policies and Process of Notification. Attachment: Memorandum from City Attorney, J. Richard Doyle dated November 2, 2001, stating the reasonable accommodations of the San José Group Home Ordinance are in compliance with Federal and State laws on discrimination, and that the notice and hearing procedures of the Ordinance provides both the applicant and the surrounding residents with the opportunity to assess and restrict impacts on the neighboring areas on a case-by-case basis.
The Committee accepted the Staff’s report.
Discussion/Action: See Item 4.4 for Council action taken.
(j) Oral petitions
None.
(k) Adjournment
The meeting, with two members present, was adjourned with specified items deferred to December 3, 2001.
Discussion/Action: Upon motion by Council
Member Williams, seconded by Council Member Reed and unanimously carried, the
Economic Development & Environment Committee Report and actions of November
5, 2001 were accepted with Item 4.1(i) acted upon at Item 4.4. Vote: 10-0-1-0. Absent: Dando.
4.2 Adoption of a resolution approving the following grants from the Mayor’s Homeless Families and Children’s Initiative Fund and authorizing the Director of Housing to negotiate and execute agreements with the grant recipients:
(a) Up to $16,350 to Community Technology Alliance (CTA) for the purpose of implementing Phase I of the HMIS system.
(b) Up to $43,250 to Concern for the Poor for the purpose of expanding services in the Moving Home Program at the San José Family Shelter.
(c) Up to $51,200 to the Emergency Housing Consortium (EHS) to provide new, intensive, daily individualized supportive services to homeless families at the SAFE Center.
(d) Up to $15,000 to InnVision to provide direct assistance to the women and children served at the Georgia Travis Center.
(e) Up to $15,000 to Loaves and Fishes for hotel/motel vouchers for homeless families.
(f) Up to $50,000 to Sacred Heart Community Service to increase staffing in the Housing Assistance Program and provide rental assistance.
(g) Up to $15,000 to St. Vincent de Paul Society for hotel/motel vouchers for homeless families.
(h) Up to $29,200 to San José First to expand outreach services and provide direct assistance to homeless families.
(i) Up to $40,000 to Unity Care Group to provide staffing of transitional housing for youth aging out of foster care.
(j) Up to $25,000 to Volunteers of America Bay Area to provide expanded hours at Brandon House, a shelter for women and children in San José.
(Housing)
Documents Filed: Memorandum from Acting Director of Housing, Leslie Corsiglia, dated October 31, 2001, recommending Council adopt said resolution.
Discussion/Action: Acting Director of Housing
Leslie Corsiglia, and Policy and Planning Administrator Vivian Felix-Hart,
summarized background information on the Mayor’s Homeless Families and
Children’s Program, presented an update on the progress of the Program
administered by the Department of Housing, and referenced various aspects of
the Homeless Five-Year Plan that is scheduled for presentation to Council in
February 2002. Mayor Gonzales acknowledged the hard work of City Staff and
recommended Council approve the proposed grants from the Mayor’s Homeless
Families and Children’s Initiative Fund, with the authorization for the
negotiation and execution of the agreements with the grant recipients. Upon
motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and
unanimously carried, Resolution No. 70718, entitled: “A Resolution of the
Council of the City of San José (1) Approving Grants to Community Technology
Alliance, Concern For The Poor, Emergency Housing Consortium, InnVision, Loaves
and Fishes, Sacred Heart Community Service, St. Vincent De Paul Society, San José
First, Unity Care Group, and Volunteers of America Bay Area From the Mayor’s
Homeless Families and Children’s Initiative Fund and (II) Authorizing the
Director of Housing to Enter Into Grant Agreements With These Organizations”,
was adopted. Vote: 10-0-1-0. Absent: Dando.
4.4 Staff presentation and discussion of reasonable accommodation policies and process of notification.
[Economic
Development & Environment Committee referral – Item 4.1(i)]
Documents Filed: None.
Discussion/Action: This item was deferred to December 4, 2001.
RECREATION & CULTURAL SERVICES
5.2(a) Acceptance of the fourth quarter report
summarizing the status of Community Development Block Grant (CDBG) projects,
recommending corrective actions, and acknowledging the return of funds to the
CDBG reserve.
5.2 (b) Extension of the funding term for six months from June 30, 2001 to December 31, 2001,
for the following projects:
(1) G06 Alleyways in San Jose - Department
of Public Works; and
(2) G32 University Neighborhoods Alley
Reconstruction - Department of Planning, Building, and Code Enforcement.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 31, 2001, recommending Council accept the quarterly report and extend the funding term.
Discussion/Action: Upon motion by Council
Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried,
the fourth quarter report summarizing the status of CDBG projects was accepted
and the extension of the funding term for six months for the two projects was
approved. Vote: 10-0-1-0. Absent: Dando.
5.3(a) Approving the reallocation of currently budgeted
funds in the amount of $506,000 from Neighborhood Revitalization Strategy to the
Community Action and Pride Grant Program for a one time “Special Emphasis”
grant targeting the Strong Neighborhoods Initiative areas; and
5.3(b) Authorizing the Director of Parks, Recreation and
Neighborhood Services to negotiate and execute an amendment to the agreement
with Community Foundation Silicon Valley for the CAP grant program to add funds
in the amount not to exceed $170,000.
(Parks, Recreation and Neighborhood Services)
(Rules Committee referral 11/14/01)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 5, 2001, recommending Council approve reallocation of currently budgeted funds, and authorize the Director of Parks, Recreation and Neighborhood Services to negotiate and execute an amendment to said agreement.
Discussion/Action: Upon motion by Council
Member LeZotte, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried,
Resolution No. 70719, entitled: “A Resolution of the Council of the City of San
José (I) Approving the Reallocation of Currently Budgeted Funds in the Amount
of $506,000 From the Neighborhood Revitalization Strategy to the Community
Action and Pride Grant Program for a One-Time Special Emphasis Grant Targeting
the Strong Neighborhoods Initiative and (II) Authorizing the Director of Parks,
Recreation and Neighborhood Services to Negotiate and Execute an Amendment to
the Agreement With Community Foundation Silicon Valley for the CAP Grant
Program to Add Funds in the Amount Not to Exceed $170,000”, was adopted. Vote: 10-0-1-0. Absent: Dando.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Approval of the re-appointment of Margaret V. Bruce, Environmental Programs Director of the Silicon Valley Manufacturing Group to the Board of Directors of The Silicon Valley Pollution Prevention Center as the Business/Industrial Representative for a term from January 1, 2002 through December 2004. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 31, 2001, recommending Council approve the reappointment to the Board.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the re-appointment of Margaret V. Bruce to the Board of Directors as the Business/Industrial Representative was approved. Vote: 11-0-0-0.
PUBLIC SAFETY SERVICES
9.1 Acceptance of the report related to the impact of cardroom gambling on crime in the City of San José for the period July 1, 2000 to June 30, 2001. (Police)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated November 19, 2001, recommending Council accept the annual review with specific directions contained therein. (2) Memorandum from Chief of Police William M. Lansdowne, dated November 1, 2001, recommending Council accept the report related to cardroom activities for the period July 1, 2000 through June 30, 2001. (3) Letter from Bay 101 Director of Public Affairs and Marketing, Jackie Rose, dated November 20, 2001, refuting allegations of misinforming the public regarding Bay 101’s daily logged incident reports. (4) Letter from Bay 101 General Manager, Ronald E. Werner, dated November 20, 2001, specifying statistics not included in the annual review by the Police. (5) Letter from Bay 101 General Manager, Ronald E. Werner, dated November 16, 2001, discussing analyses and statistics contained in the annual cardroom crime report for fiscal year 2000-2001. (6) Letter from Director of Security, Fred Abram, dated November 16, 2001, contesting allegations of Bay 101’s lack in reporting criminal activity to the San José Police Department. (7) Memorandum from Trustee in Bankruptcy, Garden City Inc., Frederick S. Wyle, dated November 15, 2001, commenting on the annual review. (8) Hard copy of the Annual Review of the Impact of Cardroom Gambling on Crime in the City of San José, presented by Chief of Police William M. Lansdowne.
Discussion/Action: Chief of Police William M. Lansdowne, presented a comprehensive overview of the report and discussed Council concerns regarding the appointment of Police Officers to each card club, the responsibility of each agency to provide information according to protocol, the development of new legislation governing card clubs, and statistical comparisons between current and proposed controls by law enforcement units involving violent criminal activity outside card clubs, thefts, alcoholism, child neglect, and social impacts on families as a result of underground gaming activities. The following individuals addressed Council on various aspects of the report: Representing Bay 101 – Fred Abram, Director of Security; Attorney Michelle Tidalgo; Jackie Rose, Director of Public Affairs and Marketing; and Ronald E. Werner, General Manager. Representing Garden City, Louis Pyle reviewed the contents of the Bankruptcy Trustee’s letter and submitted same for the public record. Ross Signorino addressed Council on the report.
Mayor Gonzales stated the
findings of the Police Chief’s report indicate serious criminal activities
occurring at cardrooms, and continuance of non-compliance with the City’s
Cardroom Ordinance; therefore, the recommendations contained in the November
19, 2001 memorandum intend to improve monitoring of criminal activity and
incidents at cardrooms to ensure compliance, and to reduce the negative impacts
of gambling on the community. In addition to continuing the monthly meetings
between the San José Police Department, the City Attorney’s Office and cardroom
personnel, he recommended that the City Attorney review the definition of “reportable
incidents” for further clarification to the reporting process; that Staff
compare cardroom operations in San José with cardrooms in other cities with
comparable populace; and that the Police Department investigate the number of
incidents involving children left in parked cars at cardroom facilities. Noting
their opposition to the closing of the cardrooms, Vice Mayor Shirakawa, Jr. and
Council Member Williams suggested the Administration provide Council with data
and statistics related to crimes not connected with cardrooms, and comparative
analysis of criminal activity at cardrooms and throughout the City as a whole.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member LeZotte
and unanimously carried, (1) the report on the annual review of the impact of
cardroom gambling on crime in San José was accepted; (2) the recommendations
contained in the November 19, 2001 memorandum from Mayor Gonzales that (a)
monthly meetings between the San José Police Department the City Attorney’s
Office, and cardroom personnel should continue – to the extent possible, these
meetings should take place more frequently than once a month to ensure that the
cardrooms comply with the requirements of the City’s ordinance – with
additional direction that the City Attorney review the definition of
“reportable incident” for further clarification to the annual reporting
process; (b) the San José Police Department should administer random checks of
cardroom security logs at both Garden City and Bay 101 to compare reported
incidents and calls for service with cardroom security log incident reports;
and (c) that the City Attorney’s Office should expedite the report, requested
on May 2, 2000, at Rules Committee, which was to report back to the City
Council with options to further restrict or close the cardrooms in San José,
were approved; and (3) the Administration directed to provide Council with (a)
recommendations/proposals with supporting facts which the Police Department
deems pertinent in the development of legislation that would better address
cardroom issues and the substance and frequency of meetings between the Police
Department and cardroom representatives; (b) statistical comparisons between
effectiveness of current and proposed controls by law enforcement relative to
violent criminal activity in the vicinity of card clubs, including thefts,
alcoholism, child neglect, and the scope of social impact on families as a
result of underground gaming activities; (c) analyses of impacts cardrooms have
on the City as a whole compared with crime statistics not related to cardroom
activity; (d) prepare per capita crime rate information, extent over time,
which reflects the increase or decrease in cardroom-related crimes; (e) a
report in response to then Vice Mayor Fiscalini’s request that the Police
Department track underground gambling activities; and (f) to include in the
next report a category which identifies criminal activity resulting from
gambling activities, such as home invasion robberies. Vote: 10-0-1-0. Absent: Dando.
Notice of City Engineer’s Pending Decision on Final Maps
In accordance with Sec. 19.16.140d of the San Jose
Municipal Code, this is notice of the City Engineer’s pending decision on the
following Final Maps:
|
Tract |
Location |
Council District |
Developer |
Lots/ Units |
Type |
Proposed Decision |
|
9361 |
Mission Street & 8th Street |
3 |
Regis Homes |
1 Lot/ 53 units |
Multi- Family |
Approve |
RECESS/RECONVENE
Council recessed at 3:25 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)
Mayor Gonzales and the City Council joined Council Member Cortesé in welcoming special guests Cub Scouts Pack 275, Den 6, in the Evergreen area of District 8, who was accompanied by Denmother Bea Blakely. The Cub Scouts were asked to stand to be recognized.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.3(a) Approval of the Winchester Strong Neighborhoods Improvement Plan as the shared vision for revitalization of the area. CEQA: Resolution No. 65459.
4.3(b) Approval of the West Evergreen Strong Neighborhoods Improvement Plan as the shared vision for revitalization of the area. CEQA: Resolution No. 65459. Council Districts 1, 6, 7, and 8.
(Planning, Building and Code Enforcement/Parks, Recreation and Neighborhood Services)
Documents Filed: (1) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 16, 2001, recommending Council approve the elements of the subject Plan for implementation. (2) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 14, 2001, providing an update on the Strong Neighborhoods Initiative. (3) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 8, 2001, submitting the report and back-up documentation on the Winchester Strong Neighborhoods Improvement Plan for Council review. (4) Document entitled “Winchester Neighborhood Improvement Plan”, developed as a partnership between residents, businesses, and the City of San José part of the Strong Neighborhoods Initiative. (5) Memorandum from Council Member Cortesé and Vice Mayor Shirakawa, Jr., dated November 20, 2001, recommending that upon approval of the subject Plan, the memorandum from MIG be incorporated as supplemental analysis in support of the Plan. (6) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 16, 2001, recommending Council approve the elements of the subject Plan for implementation. (7) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 8, 2001, submitting the report and back-up documentation on the West Evergreen Strong Neighborhoods Improvement Plan for Council review. (8) Document entitled “West Evergreen Neighborhood Improvement Plan”, developed as a partnership between residents, businesses, and the City of San José as part of the Strong Neighborhoods Initiative. (9) Notices of Public Hearings on the review and recommendation of the Winchester Strong Neighborhoods Improvement Plan and the West Evergreen Strong Neighborhoods Improvement Plan, and Proofs of Publications, executed on November 11 and 14, 2001, and submitted by the City Clerk.
Discussion/Action: As a preface to Council consideration of the proposed Plans, Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel stated representatives from each Neighborhood Advisory Committee (NAC) will present comprehensive summaries of the priorities developed by the community, using the goals to form the foundation from which more specific actions for neighborhood improvements are derived. Referencing the Winchester Strong Neighborhoods Improvement Plan, Item 4.3(a), Joseph Horwedel, reviewed the recommendation for Council approval, and introduced Neighborhood Advisory Committee members Rebekah Owen-David Rosemary Neighborhood Association; Cynthia Cobb, Pete Constant, and Martha Fisk-Lynhaven Neighborhood Association; Bob Crutchfield, Vicki Lorist, Barbara Morrey, and Ralph Woodman-West Side Property & Home Owners’ Association; Wayne and Mona Hall, Richard and Betty Kabanek-Eden Neighborhood Association; Bess Johnson and Gayl Leones-Monroe School; Lola David, Julie Borina Driscoll, Robert Hudson, and David Tabibian-Winchester Boulevard Business Association; Crystina Santos of the Hamann Park Neighborhood Association; and Allesandra Amman, Diana Benavides, and Mansol Gutierrez-West Side Community Action Team. (CAT)
The following Committee members summarized each of the top priority action items – Design and Implement Winchester Boulevard; Design/Install Permanent Traffic Calming Devices along Eden Avenue Between Moorpark Avenue and Hamilton Avenue; Seek Additional Funding for the Even Start Family Literacy Program; Initiate Cooperative Agreements for Joint-Use of School or Church Grounds for Community Parks and Recreational Use; Identity a Location for the West Side Branch Library; Develop a Street Tree Planting Plan for Residential Streets and Organize Neighborhood Plantings; Conduct Traffic Studies Focused on Reduction of Cut-Through Traffic and Speeding on Residential Streets, and Explore and Mitigate Neighborhood-Wide Impacts; Remove the Public Telephone Booth Outside F&W Liquor Store on Winchester Boulevard; Stencil House Numbers on Curbs in Residential Areas; Improve Neighborhood Clean-Up Efforts; Develop a Community Center/Sports Complex at Monroe Middle School or Primary Plus School in cooperation with Campbell Union School District or Moreland School District, respectively; Strengthen Code Enforcement for Substandard properties; Amend the General Plan and Zoning of Single-Family Residential Lots Along Winchester Boulevard to Allow Mixed Use for Commercial, Office, and/or Higher Density Residential Development Consistent With the Character of a Transit-Oriented Development Corridor; and Increase Police presence Throughout the Winchester Area – that evolved from the planning process for the Winchester Neighborhood: Wayne and Mona Hall; Robert Hudson; Rebekah Owen; Robert Crutchfield; Wada Nandiliaoa; Cynthia Cobb; Steven Pappas; Carl Shoemaker; Peter M. Constant; and Julie A.B. Driscoll. William J. Garbett spoke against the proposed action. Regarding Item 4.3(b), the West Evergreen Strong Neighborhoods Improvement Plan, Council Member Cortesé recommended approval of the Plan with the additions from MIG, Inc., to be incorporated in the support of the Plan. Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, introduced Neighborhood Advisory Committee members Kathy Antl, Lisa Artiga, Lisa Creps, Inez Creps, José Gonzalez, Steve Hanson, Ed Martinez, Patti Rivera, Lino Legaspi, Rick Miller, Khanh Nguyen, Phong Nguyen, Gary Quinn, Stan Smith, Juan Morales, Connie Mathis, Yolanda Vega, Patricia McGuire, Debbie Lopez, Leonard Brown, Patricia Martinez-Roach, Rich Terrio, and Ngoc-Ahn Nguyen. He stated the goals and approaches presented were extracted from the community’s vision for the West Evergreen neighborhood and provide the foundation from which more specific actions for neighborhood improvements are derived. The following individuals summarized the top priority action items – Work With the Owners of the Arcadia Property to Acquire Approximately 18 Acres of Vacant Land Adjacent to the Park that is Necessary for the Meadowfair Park Expansion; Build a New Community Center in Conjunction With the Meadowfair Park Expansion; Build New Sports Facilities Including Outdoor Fields for Activities Such as Soccer and a Skate Park Area in Conjunction with the Meadowfair Park Expansion; Increase the Number of Regularly Scheduled Neighborhood “Dumpster Days” and Increase the Number of Dumpsters at Each Event; Widen and Complete the Existing Path From LeyVa Middle School Along Barberry Lane to King Road; Improve the Intersection at King Road and Barberry Lane With Enhanced Sidewalks and Decorative Crosswalks; Pursue Options to Improve the Appearance of Lower Silver Creek Through Increased Water Flow and Improved Water Quality; Initiate a Traffic Calming Study or Studies Focused on the locations of Alvin Avenue; Ophelia Avenue, Othello Avenue, Chopin Avenue, Enesco Avenue, and Rigoletto Drive; Lanai Avenue, Seacliff/Seminole Way, and Waverly Avenue; and the Intersection of Silver Creek Road and Capitol Expressway; Complete Pedestrian Improvements on Aborn Road, Including New Crosswalks at Irwindale Drive and Atwood Drive With Chokers and Plantings as Traffic Calming Features; Increase Communication Between the City and the Community Through Existing and New Organizations, Workshops, Newsletters, and Informational Packets for Tenants; Negotiate With the Property Owners for Dedication of the Right-of-Way in Front of the KLOK Radio Station Transmission Towers Site on King Road Between Aborn Road and Barberry Lane, and Work With Property Owners to Participate in Funding Right-of-Way Improvements, and Acquire or Purchase the Necessary Right-of-Way; Complete the Right-of-Way Improvements in Front of the KLOK Radio Station Transmission Towers Site, Including Installing Additional Travel Lanes, Sidewalks and Park Strips; Encourage the Development of Vacant and Underutilized Sites in the Neighborhood Including the KLOK Radio Station Transmission Towers Site and the Vacant Site at the Northwest Corner of King Road and Lexann Avenue; Construct a New 5-6-Acre Neighborhood Park in the Southern Portion of the Neighborhood, Potentially at the Northwest Corner of King Road and Lexann Avenue or at the KLOK Radio Station Site on King Road; and Support the Completion of a Pedestrian Overpass Across Capitol Expressway as part of the Light Rail Transit Expansion – for the West Evergreen Neighborhood Improvement Plan: Khanh Nguyen; Miguel Navarez; Caroline Navarro; Inez Crepes; Griselda Heredia; Wayne Hall; Leonerd Brown; and Pattie Rivera. William J. Garbett spoke against the proposed action. Upon motion by Council Member LeZotte, seconded by Council Member Yeager and unanimously carried, the Winchester Strong Neighborhoods Improvement Plan and the West Evergreen Strong Neighborhoods Improvement Plan, both as shared visions for revitalization of the areas, were approved. Vote: 10-0-1-0. Absent: Dando.
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 Chavez and unanimously
carried, the below noted continuances and other actions 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 and 11/6/01 – Item 11.1)
Documents Filed: None.
Discussion/Action: This item was continued to December 4, 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 and 11/6/01 – Item 11.2)
Documents Filed: Public Hearing Notices to consider a change in Zoning for PDC 01-01-001, dated September 17, 2001 and September 25, 2001, and Proofs of Publications executed on September 21, 2001 and September 28, 2001, submitted by the City Clerk.
Discussion/Action: This item was dropped from the Agenda.
11.3 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. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC
00-12-127 - District 6
(Continued from 11/6/01 – Item 11.5)
Documents Filed: Letter from Ray Hashimoto, AICP, Planning Manager, HMH, Inc., dated November 20, 2001, requesting a two-week deferral of this item to the City Council meeting of December 4, 2001.
Discussion/Action: This item was continued to December 4, 2001.
11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Capitol Expressway and Vista Park Drive, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 355 single-family and multi-family attached residential units on 15 gross acres. (Capitol Vista Oaks LP, Owner; Pinn Brothers Fine Homes, Developer). CEQA: Mitigated Negative Declaration.
PDC
01-02-028 - District 7
Documents Filed: None.
Discussion/Action: This item was continued to December 18, 2001.
PUBLIC HEARINGS
11.4 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: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated October 18, 2001, recommending the City Council adopt an ordinance rezoning the subject site as proposed by the applicant. (2) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 01-03-049, dated October 10, 2001, recommending Council adopt an ordinance rezoning the subject site. (2) Public Hearing Notice to consider a change in Zoning, dated, and Proof of Publication submitted by the City Clerk (3) Public Hearing Notice to consider a change in Zoning for PDC 01-03-049 dated October 3, 2001, and Proof of Publication executed on October 9, 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 Chavez,
seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public
hearing was closed, the Planning Commission recommendation approved, and
Ordinance No. 26519, entitled: “Ordinance of the City of San José Rezoning
Certain Real Property Situated at the Southeast Corner of Jackson and North
Seventh Streets”, was passed for publication. Vote: 10-0-1-0. Absent: Dando.
11.5 PUBLIC HEARING ON CONVENTIONAL REZONING of the property located at the east side of North First Street, approximately 500 feet northerly of Brokaw Road (2108 and 2116 North First Street), from LI-Light Industrial Zoning District to CG-Commercial General Zoning District, to allow commercial uses on 4 gross acres. (Arthur B. and Anne W. Penniman and Leo W. Pursley, et al., Owner; Piercy Toyota, Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0)
C
00-11-111 - District 4
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated November 7, 2001, transmitting the Staff report on C00-11-111, dated November 6, 2001, recommending approval of the proposed rezoning. (2) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated November 15, 2001, recommending Council adopt an ordinance approving the subject rezoning. (3) Public Hearing Notice to consider a change in Zoning for C00-11-111 dated October 22, 2001, and Proof of Publication executed on November 2, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the
public hearing on the conventional 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, the Planning Commission recommendation approved, and Ordinance No.
26520, entitled: “Ordinance of the City of San José Rezoning Certain Real
Property situated on the East Side of North First Street Approximately 500 Feet
Northerly of Brokaw Road (2108 and 2116 North First Street)”, was passed for
publication. Vote: 10-0-1-0. Absent: Dando.
11.7 Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of Zanker Road, approximately 600 feet southerly of Tasman Drive, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow an addition of 300 multi-family residential attached units on 61.9 gross acres. (Irvine Apartment Communities, Owner/Developer). CEQA: Resolution No. 68667. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
PDC
01-04-053 - District 4
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 01-04-053 dated October 31, 2001, recommending Council approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 01-04-053 dated October 31, 2001, and Proof of Publication executed on November 6, 2001, submitted by the City Clerk
Discussion/Action: Mayor Gonzales opened the
public hearing on the conforming rezoning of the subject property. There was no
discussion from the Floor. Upon motion by Council Member Reed, seconded by
Council Member Chavez and unanimously carried, the public hearing was closed,
and Ordinance No. 26521, entitled: “Ordinance of the City of San José Rezoning
Certain Real Property situated at the West Side of Zanker Road, Approximately
600 Feet Southerly of Tasman Drive”, was passed for publication. Vote: 10-0-1-0. Absent: Dando.
CLOSED SESSION REPORT
Disclosure of Closed Session Action of November 20, 2001 submitted by City Attorney, J. Richard Doyle:
A. Authority to Enter Litigation Case as Amicus Curiae:
1. Case Name: Alford, et al. v. Superior Court
Adverse Party or Parties: Alford, et al.
Substance of Litigation: The case involves the disclosure of police personnel files in a criminal proceeding.
Council Vote: Ayes: Campos, Cortesé, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Noes: None.
Absent: Chavez, Dando.
Disqualified: None.
ADJOURNMENT
The Council of the City of San José recessed at 8:50 p.m. in memory of Stacy Sundsbarm, Stanford Hospital nurse and resident of Evergreen, and reconvened at 8:51 p.m. for the 2001 Annual Review of the General Plan.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN,
CITY CLERK