The Council of the City of San José convened in Regular Session at 9:35 a.m. in City Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members: None.
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to Closed Session in Room 600 (A) to confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9; under Subsection (a) to discuss the cases of (1) In re Dellamaggorie; (2) Kim, et al. v. City of San José, et al.; (3) Ruffo, et al. v. City of San José, et al.; and (4) Wing and A Prayer, Inc. v. City of San José, et al.; and (B) to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter regarding the initiation of litigation.
By unanimous consent, Council reconvened from the Closed Session, recessed at 10:50 a.m., and reconvened at 1:35 p.m. in Council Chambers.
Present: Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members: None.
Muhammed Chauhdhry and Wasim Malik, President of the San José Chapter of the Ahmadiyya Muslim community, delivered the invocation. (District 4)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Council Member, seconded by Council Member and unanimously carried, the Orders of the Day and the Amended Agenda were approved with one addition: Item 2.3 deferred to April 23, 2002. Vote: 11-0-0-0.
1.1 Presentation of a proclamation declaring April 16, 2002, as Equal Pay Day in the City of San José. (Chavez)
(Rules Committee referral 4/10/02)
Documents Filed: None.
Discussion/Action: Council Member Chavez joined Mayor Gonzales at the Podium and introduced Sharon Pardun-Vice President, MEF, and Linda Dittes-Business Agent, AFSCME. Mayor Gonzales presented the proclamation to the members of the Coalition for Equal Pay in Santa Clara County, who invited everyone to attend the April 16th Unhappy Hour at Eulipia Restaurant & Bar on First Street in San José, and the Coalition’s Wage Gap seminar, scheduled for 8:00 p.m. at the African American Community Service Center on 6th & Julian Streets in San José, featuring Dr. Marie Mesmer.
1.2 Presentation of a proclamation declaring the week of April 22, 2002 as Earth Week 2002, April 20, 2002 as Pick Up San José Day, and April 25, 2002, as Clean Your Files Day. (Environmental Services)
(Rules Committee referral 4/10/02)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Director of Environmental Services Carl W. Mosher, and Director of General Services José Obregon, who, on behalf of the Departments of Transportation, and Conventions, Arts and Entertainment, and Parks, Recreation and Neighborhood Services, accepted the proclamation and encouraged everyone to participate in the various Earth Day Celebration activities, including Pack Rat Day on April 25, 2002 for all City employees.
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: 11-0-0-0.
2.2 (a) Final adoption of Ordinance No. 26597 – Amends Section 23.04.020 of Chapter 23.04 of Title 23 of the San José Municipal Code to increase the maximum allowed height of an attached sign in Commercial and Industrial Zoning Districts and Neighborhood Business Districts to no higher than the finished floor elevation of the fourth floor of a building, establish a size allowance for these signs and prohibit signage for third-story occupancies in the Commercial Office (CO) Zoning District, and to allow skyline signs on buildings located in the Innovation Triangle.
Documents Filed: Proof of publication of title of Ordinance No. 26597, executed April 9, 2002, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Ordinance No. 26597 was adopted. Vote: 11-0-0-0.
(b) Final adoption of Ordinance No. 26598 – Amends Chapter 23.04 of Title 23 of the San José Municipal Code to add a new Part 2.5 to establish signage regulations for Urban Mixed-use Development Areas Sign Zones.
Documents Filed: Proof of publication of title of Ordinance No. 26598, executed d April 9, 2002, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Ordinance No. 26598 was adopted. Vote: 11-0-0-0.
(c) Final adoption of Ordinance No. 26599 - Rezones certain real property situated on the north side of Hillsdale Avenue, approximately 1,000 feet westerly of Vistapark Drive (508) Hillsdale Avenue). PDC 01-02-017
Documents Filed: Proof of publication of title of Ordinance No. 26599, executed April 9, 2002, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Ordinance No. 26599 was adopted. Vote: 11-0-0-0.
(d) Final adoption of Ordinance No. 26600 - Rezones certain real property situated on the northeast corner of East Santa Clara and North Fifth Streets. PDC 01-03-046
Documents Filed: Proof of publication of title of Ordinance No. 26600, executed April 9, 2002, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Ordinance No. 26600 was adopted. Vote: 11-0-0-0.
(e) Final adoption of Ordinance No. 26601 - Rezones certain real property situated at the west side of North First Street, between Sonora Avenue and Skyport Drive. PDC 01-017
Documents Filed: Proof of publication of title of Ordinance No. 26601, executed April 9, 2002, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Ordinance No. 26601 was adopted. Vote: 11-0-0-0.
(f) Final adoption of Ordinance No. 26602 – Rezones certain real property situated at the northerly terminus of East Court and West Court.
PDCSH 01-10-097
Documents Filed: Proof of publication of title of Ordinance No. 26602, executed April 12, 2002, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26602 was adopted. Vote: 11-0-0-0.
2.3 Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund in the amount of $298,000 to install improvements in the public right of way on Elden Drive. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: This item was deferred to April 23, 2002.
2.4 Adoption of a resolution authorizing the Director of the Environmental Services Department to submit a funding request to the California Department of Conservation, Division of Recycling, in the amount of $260,655 for the State’s 2001/2002 funding cycle, and $260,655 for its 2002/2003 funding cycle, to execute all documents related to the application, and to accept the funds on behalf of the City of San José, with a total payment to the City in the amount of $521,310. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 25, 2002, recommending the adoption of said resolution.
Discussion/Action: Resolution No. 70919, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Environmental Services Department to Submit a Funding Request to the California Department of Conservation, Division of Recycling, for Beverage Container Recycling and Litter Cleanup Activities and to Accept the Funding on Behalf of the City of San José”, was adopted. Vote: 11-0-0-0.
2.5 (a) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #28, and authorization for the Director of General Services to execute the purchase orders.
(b) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #29, and authorization for the Director of General Services to execute the purchase orders.
(General Services)
Documents Filed: Memoranda from Director of General Services, Jose Obregon, both dated March 25, 2002, 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 Nos. 28 and 29, Fiscal Year 2001-2002 were approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
2.6 Report on Request for Quotation for coating and rehabilitation of clarifier tanks and approval of award to the low bidder, Nunez Painting Inc., San José, CA for the total cost of $178,592, including tax and freight, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents Filed: (1) Memorandum from Director of General Services, Jose Obregon, dated March 25, 2002, recommending approval of said award to the low bidder, Nunez Painting Inc., and authorization for the Director of General Services to execute the purchase order. (2) Letter from the Treatment Plant Advisory Committee dated April 11, 2002, stating concurrence with the Staff recommendation.
Discussion/Action: The award of the purchase to Nunez Painting Inc., the low bidder, was approved and execution of the purchase order authorized. Vote: 11-0-0-0.
2.7 Approval of award for a sole source purchase of an ABB Variable Frequency Drive to ABB Automation, Inc., New Berlin, WI, for the total cost of $224,230, including tax and freight, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents Filed: (1) Memorandum from Director of General Services, Jose Obregon, dated March 25, 2002, recommending the award of said sole source purchase to ABB Automation, Inc., pursuant to Subsection 4.12.020.D of the San José Municipal Code, and authorization for the Director of General Services to issue the purchase order. (2) Letter from the Treatment Plant Advisory Committee dated April 11, 2002, concurring with the Staff recommendation.
Discussion/Action: The award of the sole source purchase to ABB Automation, Inc., was approved and execution of the purchase order authorized. Vote: 11-0-0-0.
2.8 Approval of award for a sole source purchase of 71 seating bases, 263 upholstered seats, and 45 tables, for the Norman Y. Mineta San Jose International Airport, to PHC Industries, Inc., Chalfont, PA, for a total cost of $120,811.31, including tax and delivery, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated March 25, 2002, recommending the award of said sole source purchase to PHC Industries, Inc., pursuant to Subsection 4.12.020.D of the San José Municipal Code, and authorization for the Director of General Services to issue the purchase order.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. The award of the sole source purchase to PHC Industries, Inc. was approved and execution of the purchase order authorized. Vote: 11-0-0-0.
2.9 Approval of a Parking Lot License Agreement with the County of Santa Clara for the use of 150 parking spaces in their parking facility located at 171 W. Hedding Street, retroactive to March 1, 2001, for a license fee of $4,500 per month throughout the entire three-year term of the agreement. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, dated March 25, 2002, recommending approval of said agreement with the County of Santa Clara.
Discussion/Action: The license agreement with the County of Santa Clara was approved and its execution authorized. Vote: 11-0-0-0.
2.10 Acceptance of the San José Arena Authority 2000-2001 Report.
(San José Arena Authority)
Documents Filed: (1) Memorandum from the San José Arena Authority, dated April 16, 2002, transmitting the San José Arena Authority 2000-2001 Annual Report. (2) Report entitled, San José Arena Authority Annual Report for FY 2000-2001, dated March 2002.
Discussion/Action: The San José Arena Authority 2000-2001 Report was accepted as recommended with Arena Authority Staff commended for their outstanding job. Vote: 11-0-0-0.
3.2 Report of the Rules Committee – April 3, 2002
Documents Filed: Rules Committee report of April 3, 2002.
(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 April 16, 2002 Draft Agenda
The Committee approved the April 16, 2002 City Council Agenda.
(2) Add New Items to April 9, 2002 Amended Agenda
The Committee recommended the two additions to the April 9, 2002 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee.
None Presented.
(b) Economic Development and Environment Committee
None Presented.
(c) Education, Neighborhoods, Youth, and Seniors Committee. Attachment: Agenda for special meeting to be held April 25, 2002.
The Committee recommended approval to hold a Special Meeting of Education, Neighborhoods, Youth, and Seniors Committee on April 25, 2002 to discuss Education Policy.
(d) Meeting Schedules.
None Presented.
(e) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated March 28, 2002, listing the items transmitted to the Administration and the items filed for the Public Record for the period March 6-26, 2002.
The Committee noted and filed the Public Record for the period March 6-26, 2002.
(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
Pete Campbell spoke about two issues: (1) How to get his letter, brought to Rules Committee March 20, 2002, placed on the Public Record; and (2) His contention that the language of commission resolutions or motions should not be altered when placed for consideration on a Council Agenda.
Regarding the process for the Public Record, City Attorney Rick Doyle explained that letters addressed to the Mayor and Council is sent to the Administration, which determines whether the issue should be placed on an Agenda. The letters are also placed on the Public Record for Rules Committee review.
Regarding Mr. Campbell’s issue of agenda language, in particular renaming the San José International Airport, Mr. Doyle stated that when this item went to Council, while the agenda language was not verbatim from the Airport commission recommendation, it was in full compliance with Brown Act regulations. He said the staff report that went to Council was very clear as to what the Commission had recommended and that staff reports are available to the public. Member Dando expressed concern that Rules Committee pay closer attention to wording agenda items that are of greater concern to the community.
Mr. Doyle told the Committee that when Mr. Campbell’s letter is placed on the Public Record; the Administration will report its recommendation to Rules Committee; and at that time, it would be appropriate to discuss the wording of agenda items.
(j) Adjournment
The meeting was adjourned at 2:25 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee report and actions of April 3, 2002, were accepted. Vote: 11-0-0-0.
3.4 (a) Approval of a first amendment to the agreement between the City of San José and the Institute For Business Performance - San Jose Evergreen Community College District to provide additional case management and training services to laid-off workers, increasing compensation by $1,977,853, from $968,434 to $2,946,287. (Economic Development)
(b) Approval of a first amendment to the agreement between the City of San José and the Occupational Training Institute - Foothill De Anza Community College District to provide additional case management and training services to laid-off workers, increasing compensation by $600,334, from $676,224 to $1,276,558. (Economic Development)
[Deferred from 4/9/02 –Items 3.5(c), (d)]
Documents Filed: (1) Memoranda from Director of Economic Development, Paul Krutko, dated March 20, 2002 and April 10, 2002, recommending Council approve said amendment to the agreement with the Institute For Business Performance – San Jose Evergreen Community College District. (2) Memoranda from Director of Economic Development, Paul Krutko, dated March 20, 2002 and April 10, 2002, recommending Council approve said first amendment to the agreement with the Occupational Training Institute – Foothill De Anza Community College District.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Diquisto and unanimously carried, the first amendments to the agreements between the City of San José and the Institute for Better Business Performance - San José Evergreen Community College District and the Occupational Training Institute – Foothill De Anza Community College District were approved and their executions authorized. Vote: 11-0-0-0.
Council Member Yeager left Chambers during discussion of Item 3.5.
3.5 (a) Banning the use of clopyralid by City departments and City-owned properties; and
(b) Directing the Mayor and City Council to communicate with state and federal agencies and the State Legislature about the need to ban the use of clopyralid.
(LeZotte)
(Rules Committee referral 4/10/02)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 16, 2002, recommending Council adopt said resolution. (2) Memorandum from Council Member LeZotte, dated April 16, 2002, recommending Council adopt said resolution.
Discussion/Action: Council Member LeZotte reviewed the contents of the proposed resolution, which is in response to research and field reports from Washington State indicating that compost containing only trace amounts of herbicides can damage vegetable gardens and agricultural crops, and recommended Council approve the proposed ban on the use of pesticides containing clopyralid. In addition to the recommendation proposed in her April 16, 2002 memorandum, she recommended Council direct Staff to report to the Economic Development and Environment Committee in August 2002 regarding the status of pending legislation and with confirming documentation that letters have been sent and received exploring the use of alternative herbicide/pesticide products. Council Member Williams asked Staff to prepare comparative analyses of the various products and submit the findings to the City Council during the Budget Review process. Upon motion by Council Member LeZotte, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70920, entitled: “A Resolution of the Council of the City of San José Directing City Staff to Cease Using Clopyralid in City Operations and on City Owned Property and Directing Staff to Prepare Letters for Signature by the Mayor on Behalf of the City Council Addressed to State and Federal Agencies and Legislators to Support Efforts to Control the Use of Clopyralid, Including Legislation Banning or Controlling the Use of Clopyralid”, was adopted with additional direction to Staff to report to the Economic Development and Environment Committee in August 2002 regarding (a) the status of pending legislation; (b) confirmation that communications have been exchanged between affected agencies; (c) the scope of use of clopyralid by City Departments; and (d) alternative herbicides/pesticides to be used by the City and analysis for each, the application rate, frequency, and the most cost-effective to use.. Vote: 10-0-1-0. Absent: Yeager.
4.2 Adoption of the following appropriation ordinance amendments in the Low and Moderate Income Housing Fund:
(a) Increase the Teacher Loan Program appropriation by $1,000,000.
(b) Decrease the Housing Loans, Grants, and Site Acquisitions appropriation by $1,000,000.
(Housing/City Manager’s Office)
Documents Filed: Memorandum from Director of Housing Leslye Corsiglia, and Budget Director Larry D. Lisenbee, dated March 25, 2002, recommending Council adopt said appropriation ordinance amendment.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Williams, seconded by Council Member Chavez and unanimously carried, Ordinance No. 26603, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Low and Moderate Income Housing Fund in the Amount of $1,000,000, to Increase the Teacher Homebuyer Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Yeager.
Council Member Yeager returned to Chambers at this point in the meeting.
4.5 (a) Report on bids
and award of contract for the 2001-02 Street Resurfacing Project Strong
Neighborhoods Initiative (SNI) Areas, to the low bidder, O’Grady Paving, Inc.,
in the amount of $2,960,850, utilizing RABA funds, and approval of a
contingency in the amount of $150,000. CEQA:
Exempt, PP02-01-009.
(b) Adoption of the following appropriation
ordinance and funding sources resolution amendments in the Construction Excise
Tax Fund:
(1) Establish an appropriation to the
Department of Transportation for the Street Maintenance - RABA Project in the
amount of $1,790,000.
(2) Increase the estimate for Earned Revenue by $1,790,000. Council District 2, 3, 5, 6, 7, and 8. SNI: Brookwood/Terrace, Burbank/Delmonte, Atlanta, Great Oaks/Edenvale, Mayfair II, Tully/Senter, Washington/Guadalupe, Whaley, and Winchester. (Public Works/City Manager's Office)
Documents Filed: Memorandum from Director of Public Works Katy Allen, and Budget Director Larry D. Lisenbee, dated March 25, 2002, recommending award of said contract, with related contingency, to the low bidder, O’Grady Paving, Inc., and the adoption of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. As a point of clarification, Director of Public Works Katy Allen stated Bold Court, identified on Line Item 8 of Attachment A to the March 25, 2002 staff memorandum is located in District 2, not District 10. Council Member Chavez disagreed with the categorizing of street repairs for those streets that are scheduled for closure, and asked Staff to prepare a map overlay of the streets located in the SNI areas. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, the award of contract to O’Grady Paving, Inc., the low bidder, and related contingency were approved and execution of the contract authorized; Ordinance No. 26604 entitled “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Construction Excise Tax Fund in the Amount of $1,790,000 for the Street Resurfacing Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70921, 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 Construction Excise Tax Fund”, were adopted with Staff directed to prepare a map overlay of SNI areas delineating the streets to be repaired; and with the modifications that the reference to affected SNI areas of the City, Council District 10 should be removed from the Council Agenda item; and the reference to Attachment A, Item #8, the Council District should be changed from District 10 to District 2. Vote: 11-0-0-0.
4.6 (a) Report on bids and award of contract for the Williams Road Sidewalk Project to the low bidder, Wattis Construction Company, Inc. in the amount of $412,122, and approval of a contingency in the amount of $80,000.
(b) Adoption of associated appropriation ordinance and funding sources resolution amendments in the Building and Structure Construction Tax Fund and the Construction Excise Tax Fund.
Council District 1. SNI: Winchester. CEQA: Exempt, PP01-03-045.
(Public Works/City Manager’s Office)
Documents Filed: Memorandum from Director of Public Works Katy Allen, and Budget Director Larry D. Lisenbee, dated April 3, 2002, recommending the award of said contract with related contingency to the low bidder, Wattis Construction Company, Inc., and the adoption of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Williams and unanimously carried, the award of contract and related contingency to Wattis Construction Company, Inc., the low bidder, were approved and execution of the contract authorized; Ordinance No. 26605, entitled: “An Ordinance of the Council of the City of San José Amending Ordinance No 26415 to Appropriate Moneys in the Construction Excise Tax Fund and the Building and Structure Construction Tax Fund in the Amount of $240,000 for the Williams Road Sidewalk Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70922, 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 Construction Excise Tax Fund and Building and Structure Construction Tax Fund”, were adopted. Vote: 11-0-0-0.
4.7 (a) Hold a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for the issuance of up to $8,000,000 in tax-exempt multifamily housing revenue bonds for the Hacienda Villa Creek Senior Apartments (“Project”) consisting of up to 80 units, affordable to very-low income senior households, on a 2.02 acre site located at the northerly termini of East Court and West Court, north of East Julian Street.
(b) Adoption of resolutions:
(1) Approving a funding commitment for a construction and permanent loan of up to $6,466,611 during the construction phase, and up to $5,430,773 during the permanent phase, to Roem Development Corporation, or an affiliated entity (“Developer”), for the development of the Hacienda Villa Creek Apartments affordable to very-low income senior households on a 2.02 acre site located at the northerly termini of East Court and West Court, north of East Julian Street.
(2)(a) Expressing its intent to issue up to $8,000,000 in tax-exempt multifamily housing revenue bonds to finance the construction of the development.
(b) Authorizing the Director of Housing to file an application with California Debt Allocation Committee (CDLAC) for an allocation of up to $8,000,000 in private activity bonds for the Project.
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with Roem Development Corporation, or an affiliated entity, for the CDLAC application for the Hacienda Villa Creek Apartments Development.
Council District 3. SNI: Five Wounds/Brookwood Terrace. (Housing/Finance)
(Continued from 4/2/02 – Item 4.5 and 4/9/02 – Item 4.3)
Documents Filed: (1) Memorandum from Director of Housing Leslye Corsiglia, and Director of Finance Scott P. Johnson, dated April 11, 2002, recommending approval of a funding commitment for a construction/permanent loan to Roem Development Corporation, or an affiliated entity, and approval for issuing tax-exempt revenue bonds for the development of Hacienda Villa Creek Apartments. (2) Proof of publication of Notice of Public Hearing, dated March 14, 2002.
Discussion/Action: Mayor Gonzales opened the TEFRA hearing for the purpose of considering the issuance of tax-exempt multifamily housing revenue bonds for the Hacienda Villa Creek Senior Apartments. There was no public testimony presented. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the TEFRA hearing was closed; Resolution No. 70923, entitled: “A Resolution of the Council of the City of San José (i) Approving up to $6,466,611 for a Construction Loan and up to $5,430,773 for a Permanent Loan to Roem Development Corporation, or its Designated Partnership, for the Development of 80 Unit Senior Housing Project Affordable to Very Low Income Persons and Families, and (ii) Authorizing the Director of Housing to Negotiate and Execute all Necessary Documents Evidencing Such Loan on Behalf of the City”; and Resolution No. 70924, entitled: “A Resolution of the Council of the City of San José Expressing Its Intent to Issue Tax Exempt Debt for the Construction and Development of Multifamily Housing and Taking Related Actions (The Hacienda Villa Creek Senior Apartment Project)”, were adopted. Vote: 11-0-0-0.
4.8 Adoption of a resolution
(a) Expressing intent to issue up to $31,000,000 in multifamily tax-exempt revenue bonds to finance the construction of the 240-unit Evans Lane family rental housing project located at 1848 Evans Lane; and
(b) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $31,000,000 in private activity bonds; and
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with Evans Lane Apartments, L. P., or an affiliated entity, for the CDLAC Application for the Evans Lane Family Apartments Development.
Council District 6. (Housing/Finance)
(Rules Committee referral 4/10/02)
Documents Filed: (1) Memorandum from Director of Housing Leslye Corsiglia, and Director of Finance Scott P. Johnson, dated April 10, 2002, recommending Council approve the issuance of tax-exempt revenue bonds for the Evans Lane Family Apartments Development and authorize the Director of Housing to take related actions. (2) Supplemental memorandum from Director of Housing Leslye Corsiglia, and Director of Finance Scott P. Johnson, dated April 12, 2002, amending the amount of tax-exempt bonds needed for the proposed project by $3,000,000 for a total of $31,000,000.
Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Dando and unanimously carried, Resolution No. 70925, entitled: “A Resolution of the Council of the City of San José Expressing its Intent to Issue Tax Exempt Debt for the Acquisition, Construction and Development of Multifamily Housing and Taking Related Actions (The Evans Lane Apartments Project)”, was adopted. Vote: 11-0-0-0.
5.2 Approval of the first amendment to the agreement with the Steinberg Group for architecture consultant services for the Camden Community Center Project - Phase 1, increasing the compensation by $892,000, from $98,000 to $990,000, and extending the term of the agreement from December 31, 2002 to August 31, 2005. Council District 9. SNI: Union & Curtner. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, dated March 25, 2002, recommending Council approve a first amendment to said agreement with the Steinberg Group.
Discussion/Action: Upon motion by Council Member Diquisto, seconded by Council Member Dando and unanimously carried, the first amendment to the consultant services agreement with the Steinberg Group was approved and execution of the amendment authorized. Vote: 11-0-0-0.
Council Member Yeager left Chambers at this point in the meeting.
The Redevelopment Agency Board convened at 2:40 p.m. in Joint Session with the City Council to consider Items 10.1 and 10.2.
10.1 (a) Approval of design standards for the installation of new City of San José traffic signal cabinets citywide.
(b) Authorization for staff to implement a Pilot Program, not to exceed $500,000 with the Redevelopment Agency to incorporate new standards to retrofit existing cabinets into project's scope.
(c) Authorization for staff to return to Council in April of 2003 with a status report to refine the standards and establish cost estimates for future applications by all agencies citywide.
CEQA: Exempt, PP02-03-050. (Public Works)
Documents Filed: (1) Memorandum from Director of Public Works, Katy Allen, dated April 11, 2002, recommending Council approve design standards for installation of new traffic signal cabinets citywide, authorize Staff to implement said Pilot Program and return to Council in April 2003 with a status report to refine standards and establish cost estimates for future applications. (2) Hard copies of the overhead slides used in the Staff presentation.
Discussion/Action: Director of Public Works Katy Allen reviewed background information on the proposal involving aboveground utility cabinet placement in the Downtown Core. With the use of overhead slides, she summarized the goal as one that enhances walkability and improves visual aesthetics when placing Traffic Signal Cabinets in the Downtown area. To accomplish the goal, she recommended the development of new design standards for signal cabinets Citywide, in addition to existing practices and criteria currently in use; secondly, that City staff partner with Redevelopment Agency Staff to implement a Pilot Program to determine if undergrounding is technologically possible in the Downtown; to explore options for rendering the existing cabinets in the Downtown more aesthetically pleasing and to remove cabinets from areas with high pedestrian activity; and to report back to Council in April 2003. She stated the four standards to be considered when placing Signal Cabinets include (1) incorporating cabinets into building facades/private development, or (2) incorporating cabinet into streetscapes, or (3) under-grounding cabinets, or (4) when standards are not possible due to site constraints, the cabinet will be designed to minimize clustering and visual impacts while maximizing aesthetics and walkability. The Pilot Program to accomplish the standards involves the incorporation of new aboveground cabinet styles into projects, streetscape furniture that incorporates Traffic Signal elements, and construction of prototype projects. She stated the current projects include the installation at the intersection of Fifth and Julian Streets – awarded by Council on March 12, 2002; the intersection of Santa Clara and San Pedro Streets – awarded by Council on April 9, 2002; and the incorporation of new standards as budget allows. She reviewed the estimated annual impact to the Traffic Signal Program and the additional costs that would be incorporated into future project scooping. She stated the Department of Public Works, working with the Transportation City Service Area, would function as the engineering and construction lead in program development and implementation, working with the Redevelopment Agency, Council Offices, and other City Departments to prioritize and schedule cabinet enhancement work, and will return to Council in one year to report on the implementation of the Pilot Program and recommend any modifications to the overall implementation strategy.
To facilitate Council discussion of the new traffic signal cabinet designs and concepts used to develop appropriate alternatives and program estimates for the existing cabinets in the Downtown Core, Council queried Staff on the number of signal projects that would be sacrificed annually to accomplish the design program; the project cost of the new design standards; the number and order of priority of the projects that would be sacrificed on an annual basis; the cost to other utility container users, i.e., private utilities, VTA and LRT, and their participation in and financial responsibility to the Program; the cost to underground a single cabinet or single cluster of cabinets; Program benefits or annual rate of return on the City’s investment, in the event two or more signal projects are removed; coordination of the Pedestrian Study results with the placement of signal cabinets; prepare an interim report within six months of Program implementation; identify funding sources available to the City to conceal utility cabinets and other categories to incorporate art, or 2% art resources that can be factored into the developments; to apply the new standards to new City projects, and as technology improves and costs decrease, consider undergrounding all utility cabinets, as feasible.
Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the recommendation to approve design standards for the installation of new City of San José traffic signal cabinets citywide, and to authorize Staff to implement a Pilot Program not to exceed $500,000 with the Redevelopment Agency to incorporate new standards to retrofit existing cabinets into scope of projects, were approved with item #3 of the April 11, 2002 Staff memorandum modified to direct Staff to return to Council within six months with a status report on the cost and effectiveness of the Pilot Program, as well as a refinement of the standards and cost estimates for future applications by all agencies Citywide; and with the following directives to Staff: (1) Return to Council within three months with progress report on the meetings between City Staff and VTA regarding the new design standards and the installation of utility cabinets in the City’s right-of-ways. (2) Incorporate into the Pedestrian Study a collaborative process that would identify opportunities to enhance the visual impacts of the cabinets while improving pedestrian walkability. (3) Identify project costs of the new design standards on an annual basis when one or more traffic signal projects are sacrificed, and to quantify the benefits derived from such forfeiture. (4) If cost prohibitive to locate cabinets against buildings, identify funding sources available to the City that would allow the utility cabinets to be concealed to enhance the appearance of standalone cabinets. (5) Return to Council in six months with a report on new technology and parameters to precede with retrofitting traffic signal cabinets. (6) Follow up on the request for guidelines to underground back-flow devices. Vote: 10-0-1-0. Absent: Yeager.
Council Member Yeager returned to Chambers during discussion of Item 10.2.
10.2 Direction to City and Agency staff regarding changes in existing policies on gateway signs and street numbers citywide.
(City Attorney’s Office/Planning, Building, and Code Enforcement)
Documents Filed: (1) Memorandum from City Manager Del Borgsdorf, and Executive Director of the Redevelopment Agency Susan F. Shick, dated April 16, 2002, proposing a revised gateway sign policy for Council consideration in 30 days on the rescission or revision of Council Policy 9-3, and Staff will explore required code changes for installation of parking garage directional map design on private parking facilities and report back in 90 days. (2) Memorandum from City Attorney/General Counsel, Richard Doyle, dated April 12, 2002, advising Council on requirements of the San José Municipal Code pertaining to gateway signs and to street numbers on primary buildings.
Discussion/Action: With respect to research and development of the guidelines and criteria for the Downtown Gateway signs, Council Member Dando emphasized the importance for Staff to work collaboratively with County Administration, and to contact the Office of the appropriate Council Member when information is compiled from neighborhoods outside of SNI areas. From the standpoint of public safety measures, Mayor Gonzales admonished Staff to ensure house numbers on all residences are visible from the street areas.
Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the reports from the City and Agency Staff recommending (1) no changes required to the San José Municipal Code in order to accommodate a change in Council Policy regarding Gateway Signs; (2) that street numbers are required by the San José Municipal Code to be visible from the street on all primary buildings, and Staff directed to explore requirements for residence addresses to be visible from street areas; and (3) that Agency Staff explore required code changes for installation of parking garage directional map designs on private parking facilities and report back within 90 days. Vote: 11-0-0-0.
The Redevelopment Agency Board of the City of San José adjourned at 3:40 p.m.
(1) Alfredo D. Garza, representing Plata
Arroyo/Tropicana Coalition, spoke on the proposed projects for the shopping
center, and asked council to respond to the organization’s request as a council
agenda item.
(2) Ross Signorino referenced rhe March 26, 2002 Redevelopment Agency Board Agenda and the justification for the appropriation of City funds to businesses that are successful.
Following Open Forum, the City Council recessed at 3:42 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortese, Dando, Reed, LeZotte, Shirakawa, Jr. (entered Chambers at 7:30 p.m.), Williams, Yeager; Gonzales.
Absent: Council Members: Diquisto (excused).
The 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 Reed, and unanimously carried, the below noted continuances were granted. Vote: 9-0-2-0. Absent: Diquisto, Shirakawa, Jr.
11.1 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Bascom Avenue and Camden Avenue, from CP Commercial Pedestrian District to A(PD) Planned Development Zoning District, to allow the addition of a car wash facility to an existing gas station on 0.519 gross acre (Chevron Products Co., Owner/Developer). CEQA: Mitigated Negative Declaration.
PDC 01-03-036 - District 9
(Continued from 2/5/02 – Item 11.5 and 2/19/02 – Item 11.4)
Documents Filed: None.
Discussion/Action: This item was continued to May 7, 2002.
11.2 PUBLIC HEARING ON CONFORMING REZONING of the property located north of East Taylor Street on the southeast side of 23rd Street, from R-1-8 Residence Zoning District to R-M Residence Zoning District, to allow multi-family residential uses on 0.69 gross acres. (John Licking, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.
C 02-01-006 - District 3
(Continued from 3/19/02 – Item 11.10)
Documents Filed: None.
Discussion/Action: This item was continued to May 21, 2002.
11.6 PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located on the easterly side of Highway 101, approximately 1,000 feet northerly of Hellyer Avenue, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to reconfigure a previously approved 550 unit residential subdivision and an 18-hole public golf course to avoid the relocation of public utilities facilities on a 579.4 gross acre site. (Cerro Plata Associates, LLC, Owner, William Lyon Homes, Developer). CEQA: Resolution No. 64913.
PDC 02-01-011 - District 8
Documents Filed: None.
Discussion/Action: This item was continued to May 5, 2002.
1.3 Presentation of a commendation to the Caroline Davis Intermediate School’s Future City Competition Team for their placement in the 2002 National Engineers Week Future City Competition. (Williams)
(Rules Committee referral 4/10/02)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Williams introduced the Caroline Davis Intermediate School Future City Competition Team, comprised of Consulting Engineers Kiran Mehta and Greg Pham, Teacher Tom Beninger, and students William Ferguson, Nathan Miller, Quan Nguyen, and Nghi Vu. Mayor Gonzales presented a commendation to each Team member, with congratulations for their outstanding achievements in winning First Place in the Student Choice Award Peer Competition category, and Second Place in the overall Competition. The Competition Team exhibited their Future City Model – Solaris – and demonstrated its effectiveness to support a population of one million people.
1.4 Presentation of a commendation to Mr. Robert Kieve, a pioneer of social issues, for giving opportunities to women when it was unpopular. (Dando) Orders of the Day
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Dando welcomed Bob Kieve and acknowledged many of the extraordinary contributions made during Bob’s long and productive career. On behalf of Council Member Diquisto and the members of the City Council, Council Member Dando expressed appreciation for the honoree’s commitment to public service, freedom of expression, civic engagement, and his enriched community discourse for the benefit of the people and community of San José; and Mayor Gonzales presented the commendation to Mr. Kieve, a pioneer of social issues.
11.3 PUBLIC HEARING ON DIRECTOR-INITIATED PREZONING of certain properties located along Dove Hill Road easterly of Highway 101, approximately 2000 feet northerly of Hellyer Avenue, from County to A-Agricultural Zoning District, to allow agricultural uses on 39.62 gross acres. (Director of Planning initiated). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
C 02-02-019 - District 8
Documents Filed: (1) Memorandum from Acting Planning Commission Secretary Joseph Horwedel, dated March 28, 2002 recommending Council approve said project.(2) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C02-02-019, dated March 20, 2002, recommending approval of the proposed Conforming Prezoning. (3) Public Hearing Notice to consider a change in Zoning for Project C02-02-019 dated March 5, 2002, and Proof of Publication executed on March 15, 2002, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the Director-initiated prezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Cortese, seconded by Council Member Williams and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance 26606, entitled: “Ordinance of the City of San José Prezoning Certain Real Property Situated Along Dove Hill Road Easterly of Highway 101 Approximately 2000-Feet Northerly of Hellyer Avenue”, was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, Shirakawa, Jr.
11.4 PUBLIC HEARING ON CONFORMING PREZONING of the property located at the southwest corner of Fleming Avenue and Palamino Drive, from County to R-1-8 Residential Zoning District, to allow residential uses on 0.58 gross acres. (Randy Cedano, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommend approval. No Planning Commission action required.
C 01-02-024 - District 5
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C01-02-024, dated March 27, 2002, recommending approval of the proposed Conforming Prezoning. (2) Public Hearing Notice to consider a change in Zoning for Project C01-02-024, dated March 20, 2002, and Proof of publication executed on April 5, 2002, submitted by the City Clerk
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming prezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Campos, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, and Ordinance 26607, entitled: “Ordinance of the City of San José Prezoning Certain Real Property Situated at the Southwest Corner of Fleming Avenue and Palomino Drive”, was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, Shirakawa, Jr.
11.5 PUBLIC HEARING ON CONFORMING REZONING of the property located at the northwest corner of Cunningham Avenue and Cunningham Court, from A-Agricultural Zoning District to R-1-8 Residential Zoning District, to allow residential uses on 1.44 gross acres. (Bao & Jordan K. Pham, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommend approval. No Planning Commission action required.
C 01-03-044 - District 8
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C01-03-044, dated March 26, 2002, recommending approval of the proposed Conforming Rezoning. (2) Public Hearing Notice to consider a change in Zoning for project C01-03-044 dated March 20, 2002, and Proof of Publication executed on April 5, 2002, 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 Cortese, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, and Ordinance 26608, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Northwest Corner of Cunningham Avenue and Cunningham Court”, was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, Shirakawa, Jr.
11.7 PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Aborn Road and Altamara Avenue, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow re-approval of a 65 unit single-family detached residential project on a 15.1 gross acre site. This proposal would allow a reduction in the rear setback requirement from 25 feet to 20 feet for future residential structures. (Alliance Title Company, Owner; Shapell Industries, Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommend approval. No Planning Commission action required.
PDC 02-01-013 - District 8
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC02-013, dated March 27, 2002, recommending approval of the proposed Conforming Planned Development Rezoning. (2) Public Hearing Notice to consider a change in Zoning for Project PDC02-01-013 dated March 20, 2002, and Proof of Publication executed on April 5, 2002, 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 Cortese, seconded by Council Member Dando and unanimously carried, the public hearing was closed, and Ordinance 26609, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Northeast Corner of Aborn Road and Altamara Avenue”, was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, Shirakawa, Jr.
Vice Mayor Shirakawa, Jr. entered Chambers during discussion of Item 4.3
4.3 Approval of the Hoffman/Via Monte Strong Neighborhoods Initiative Implementation Plan as the shared vision for revitalization of the area. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1). Council District 10. SNI: Hoffman/Via Monte.
(Parks, Recreation and Neighborhood Services)
Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 11, 2002, recommending Council approve the proposed Hoffman/Via Monte Strong Neighborhoods Initiative Implementation Plan. (2) Transmittal memorandum from Planning Commission Secretary Stephen M. Haase providing the Staff recommendation proposed in memorandum from Acting Director of Parks, Recreation, and Neighborhood Services, Albert Balagso, and Director of Planning, Building and Code Enforcement, Stephen M. Haase, dated April 3, 2002, that Council (a) Approve the Hoffman/Via Monte Strong Neighborhoods Implementation Plan as the City/community vision for the future of the Hoffman/Via Monte community; (b) authorize the Administration to direct City Departments and Agencies with implementation responsibilities to begin their respective activities, including the general oversight of the implementation of the Plan by the Department of Parks, Recreation and Neighborhood Services; and (c) encourage the Hoffman/Via Monte property owners, residents and community members to dedicate their time, energy and resources to implement the recommendations of the Plan and continue their community building activities. (3) Draft of the Hoffman/Via Monte Strong Neighborhoods Initiative Implementation Plan, dated April 2002.
Discussion/Action: Acting Deputy Director of Planning, Building and Code Enforcement Laurel Prevetti acknowledged the members of the Hoffman/Via Monte Neighborhood Advisory Committee for providing valuable assistance in the development of the Plan, and introduced Pastor Dale Weatherspoon and Bill who reviewed the primary priorities to be given immediate attention, which consist of the following: (1) Establish a neighbor-hood center to provide supervised activities and programs for youth and adults. (2) To discourage crime, increase police presence by expanding current community policing efforts, and address environmental design issues. (3) Maintain functioning lights in alleyways. (4) Create and implement an alleyway architectural design that addresses safety and other concerns and improves appearance. (5) Establish a joint tow agreement among property owners. (6) Explore the feasibility of joint beautification projects between property owners with a focus on improved landscaping. (7) Implement Neighborhood Watch. (8) Implement a Community Clean-up event. (9) Expand front access to Pioneer High School taking more cars off the Blossom Hill Road during peak hours. (10) Perform a lighting assessment to determine the need for additional lighting or increase wattage on existing lights in the area near the proposed location of the neighborhood center. (11) Explore public transportation issues at Pioneer High School. (12) Educate the community on the new Shopping Cart Ordinance. (13) Conduct a traffic study of identified streets. (14) Strengthen the current property owners association and encourage the formation of additional property owner associations where none exist. (15) Encourage and assist in the formation of a tenant or residents association.
The following individuals spoke in support of the proposed Plan: Nubia Ramirez, Almaden Recreation Club, HOA; Ron Bateman; Kathleen Harris; Hoffman CT; Roger Grossenbacher, Hoffman/Via Monte NAC; Gilbert Wong; and Carlos Hernandez. William J. Garbett spoke against the proposed action. Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Hoffman/Via Monte Strong Neighborhoods Initiative Implementation Plan was approved as the City/community vision for the future of the Hoffman/Via Monte community; (b) the Administration authorized to direct the City Departments and Agencies with implementation responsibilities to begin their respective activities, including the general oversight of the implementation of the Plan by the Department of Parks, Recreation and Neighborhood Services; and (c) the Hoffman/Via Monte property owners, residents and community members encouraged to dedicate their time, energy and resources to implement the recommendations of the Plan and continue their community building activities. Vote: 10-0-1-0. Absent: Diquisto.
4.4 Approval of the Delmas Park Neighborhood Improvement Plan as the shared vision for revitalization of the area. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1). Council District 3. SNI: Delmas Park.
(Planning, Building and Code Enforcement)
Documents Filed: (1) Memorandum from Planning Commission Secretary Stephen M. Haase, dated April 8, 2002, recommending Council approve the proposed Delmas Park Neighborhood Strong Neighborhoods Initiative Implementation Plan. (2) Transmittal Memorandum from Planning Commission Secretary Stephen M. Haase, providing the Staff recommendation proposed in memorandum from Acting Director of Parks, Recreation, and Neighborhood Services, Albert Balagso, and Director of Planning, Building and Code Enforcement, Stephen M. Haase, dated April 3, 2002, that Council (a) Approve the Delmas Park Neighborhood Strong Neighborhoods Implementation Plan as the City/community vision for the future of the Hoffman/Via Monte community; (b) authorize the Administration to direct City Departments and Agencies with implementation responsibilities to begin their respective activities, including the general oversight of the implementation of the Plan by the Department of Parks, Recreation and Neighborhood Services; and (c) encourage the Delmas Park property owners, residents and community members to dedicate their time, energy and resources to implement the recommendations of the Plan and continue their community building activities. (3) Draft of the Delmas Park Strong Neighborhoods Initiative Implementation Plan, dated April 2002.
Discussion/Action: Using PowerPoint in the presentation, Kathy Sutherland, representing the Neighborhood Advisory Committee, summarized the “top ten” priority actions and ranked them in the order of importance; namely, (1) Improve residential parking conditions. (2) Create a neighborhood traffic plan. (3) Modify current land use policies. (4) Improve West San Carlos Street streetscape. (5) Improve Gifford Avenue streetscape. (6) Improve Auzerais Avenue streetscape. (7) Improve the general condition of streets and sidewalks. (8) Improve the pedestrian route to Gardner Academy and Biebrach Park. (9) Mitigate neighborhood noise levels. (10) Develop neighborhood parks. The following individuals spoke in support of the Delmas Park SNI Plan: Hilda Magona; Carolyn Downey; Craig Sutherland; and Ed Ybarra; William Hoppe; Harry Miller, West San Carlos Street Neighborhood Business Association; and Virginia Solano-Bean. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Strong Neighborhoods Initiative Delmas Park Neighborhoods Initiative Implementation Plan was approved as a shared City/community vision for the future of the Delmas Park Neighborhood; with the Administration authorized to direct the City Departments and Agencies with implementation responsibilities to begin their respective activities, including the general oversight of the implementation of the Plan by the Redevelopment Agency; and the Delmas Park property owners, residents and community members encouraged to dedicate their time, energy and resources to implement the recommendations of the Plan. Vote: 10-0-1-0. Absent: Diquisto.
6.1 (a) Approval
of an ordinance amending Chapter 11.48 of Title 11 of the San José Municipal
Code to establish permit parking zones in the Horace Mann Neighborhood area and
the South University Neighborhood area.
(b) Adoption
of a resolution amending the Schedule of Fees and Charges to establish permits
parking fees for the issuance of parking permits in the Horace Mann and the
South University Neighborhood areas.
CEQA: Exempt, PP 02-02-030. Council District 3. SNI: 13th Street, University.
(Transportation)
Documents Filed: (1) Memorandum from Council Member David Cortese, dated April 16, 2002, recommending Council approve staff recommendations with additions contained therein. (2) Supplemental memorandum from Director of the Department of Transportation, Wayne K. Tanda, dated April 12, 2002, stating the reasons for removing certain blocks from the Horace Mann permit parking zones. (3) Memorandum from Director of the Department of Transportation, Wayne K. Tanda, dated March 25, 2002, recommending Council approve the proposed permit parking zones and fees in the Horace Mann Neighborhood Area and the South University Neighborhood Area.(4) Memorandum from Senior Deputy City Attorney, Glenn Schwarzbach, dated April 12, 2002, attaching a copy of the proposed ordinance amending Chapter 11.48 of Title 11 of the San Jose Municipal Code. (5) Hard copies of the overhead slides used in the Staff presentation.
Discussion/Action: Council Member Chavez disqualified herself from discussion and decision on the parking plan because she is a resident in the project area; and Vice Mayor Shirakawa, Jr. entered his disqualification from discussing and voting on the proposal because his family owns property in the vicinity of the proposed parking zones. To facilitate Council discussion and public testimony, Council Member Cortesé reviewed background information related to establishment of permit parking zones, as contained in his April 16, 2002 memorandum to the City Council, and recommended approval of the staff recommendations to establish parking zones in the Horace Mann Neighborhood area and the South University Neighborhood area and adoption of a resolution establishing permit parking fees for the issuance of parking permits in the two areas with the following conditions: (1) Direct Staff to return May 7, 2002 for Council approval of the implementation date of the Parking Permit Program in order to allow continued dialogue with San Jose State University. (2) Direct Staff to consider the inclusion of individual block faces to the extent they (a) receive support from a majority of households on the block face (in a manner consistent with current requirement for a block), and (b) are contiguous with other block faces currently in the Permit Parking Program. (3) Direct Staff to present as part of budget process how additional Parking Control Officer resources may be increased to insure adequate enforcement of parking permit areas. (4) Direct Staff to explore collaborative efforts between the Department of Transportation, the Police Department and other city personnel as appropriate to insure adequate enforcement of parking permit areas. (5) Direct Staff to explore the opportunity to place both Permit Parking signage and signage regarding Street Cleanings on one pole.
The following individuals spoke on various aspects of the proposed permit parking zones and fees: James Clark, South Central Environmental Committee; Dawn Wright; Robert Perez, President, Spartan Keys Neighborhood Association; Steve Cohen; Ardith Meyer; Apollo Johnsen; Keith Alan Watt, Horace Mann Neighborhood Association; Don Kassing, Vice President Finance and Administration at San José State University; Carol Savoy; Ken Podgorse; David Dudek, SUN/UNG; Lisa Jensen, President, University Neighborhood Coalition; and Joe Pambiance, Julian St. James Neighborhood Association/Parking and Traffic Committee (PTL). The following individuals spoke in opposition to permit parking: James Reilly, Candy Russell, and William Garbett. In addition to Council Member Cortesé’s recommendation for approval, Council Member LeZotte asked the Administration to present to Council during the Budget Review process the cost implications for implementing the new permit parking zones, the impact the Program would have on the current Traffic Enforcement Unit (TEU), as well as other areas involving enforcement of parking restrictions (such as two-hour and commercial parking limits), and a plan for either hiring or redeploying personnel for the enforcement of the regulations.
Upon motion by Council Member Cortese, seconded by Council Member Dando and carried, Ordinance No. 26610, entitled: “An Ordinance of the City of San José Amending Chapter 11.48 of Title 11 of the San José Municipal Code to Add a Horace Mann and a South University Residential Permit Parking Program, and to Limit the Number of Residential Parking Permits Available to Three (3) for Each Eligible Residence in the Horace Mann and South University Permit Parking Areas”, was passed for publication; Resolution No. 70926, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 70418, the Schedule of Fees and Charges for Fiscal Year 2001-2002, to Establish a Permit Parking Fee for Issuance of Parking Permits in the Horace Mann Neighborhood Area and the South University Neighborhood Area, to be Effective on May 31, 2002”, was adopted; and the Administration directed to provide during the Budget Process cost implications to implement the Plan, and the impact on current Traffic Enforcement Unit resources, as well as other areas where parking restrictions are enforced. Vote: 8-0-1-2. Absent: Diquisto. Disqualified: Chavez, Shirakawa, Jr.
8.1 Adoption of a resolution authorizing the City Manager to submit the updated Noise Exposure Map to the FAA for its approval pursuant to Federal Aviation Regulations Part 150 to enable the City to remain eligible for future federal funding for noise mitigation in connection with the ongoing ACT Program. CEQA: Exempt. (Airport)
(Deferred from 3/26/02 – Item 8.1)
Documents Filed: (1) Memorandum from Council Members Chavez and Yeager dated April 16, 2002, recommending Council approve staff recommendation, with additional direction contained therein. (2) Memorandum from Director of Aviation, Ralph G. Tonseth, dated March 6, 2002, recommending Council accept the proposed new Airport Noise Exposure Maps for submittal to the Federal Aviation Administration and associated proposed changes to the Airport Acoustical Treatment Program.
Discussion/Action: Director of Aviation Ralph G. Tonseth, and Deputy Director of Aviation Development David Maas, reviewed the new aircraft noise mitigation efforts and associated proposed changes to the Airport Acoustical Treatment Program. The presentation focused on primary concerns expressed at community meetings, which included the “Definition of a Noise Exposure Map; Federal Aviation Regulations (FAR) Part 150 update requirements, and aviation activity prompting the update at this time; the NEM Projections, Consultation Process, Proposed and Secondary Treatment Areas, and expanded acoustical testing areas that identify any Airport noise sources impacting the remaining residences in the neighborhoods not eligible for treatment under the current programs, and potential treatment and funding alternatives”. The following individuals spoke on various aspects of the proposed Program update: Kenneth Hayes, Citizens Against Airport Pollution (CAAP); Richard Eichenbaum and Richard Eichenbaum, Jr., Berkley Square Apartments; Autumn D. Gutiurrez; Guadalupe Washington Neighborhood Association; Joseph Foto, President, Rosemary Gardens Neighborhood Association; Patti Bossert; Vera Guerrero; and William Garbett. Council Member Yeager queried Staff on the feasibility of exploring new regulations – building codes regarding noise levels – affecting homes constructed within the 55 dB CNEL contour, and asked Staff to return to Council with required policy changes and implications, if any. Referencing her April 16, 2002 memorandum co-authored by Council Member Yeager, Council Member Chavez recommended approval of the Staff recommendation to accept the proposed New Airport Noise Exposure Maps for submittal to the Federal Aviation Administration, and proposed changes to the Airport Acoustical Treatment Program with directives to Staff to (a) continue to work closely with the residents in the impacted area during the ACT program implementation to ensure treatment for the maximum number of homes possible; (b) create acoustical treatment performance standards that incorporate process times for each project and total number of homes to be treated within certain timeframes (i.e. 1 year, 2 years, and 5 years); (c) explore methods to increase the number of homes receiving treatment and shorten the timeline for each acoustical treatment project, thereby exceeding the performance goals; (d) undertake an analysis of ground noise and impact upon Rosemary Gardens Neighborhood; (e) as part of the analysis, develop a working group of neighborhood stakeholders and potential noise generating stakeholders to participate in the study and alternative analysis; and (f) to continue to revisit funding options with the City Council via Environment, Neighborhoods & Youth Services Committee, especially as it relates to the appropriation of PFCs, potential loan programs utilizing Housing Department funds to expand the AIP grant program, and possibilities of expansion rehab monies through the SNI process.
Upon motion by Council Member Chavez, seconded by Council Member Yeager and unanimously carried, Resolution 70927, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Submit the Updated Noise Exposure Map to the Federal Aviation Administration for its Approval”, was adopted, and the staff recommendation to accept the proposed new Airport Noise Exposure Maps for submittal to the Federal Aviation Administration and associated proposed changes to the Airport Acoustical Treatment Program was approved with additional direction contained in the April 16, 2002 memorandum from Council Members Chavez and Yeager, and with Staff directed to return to Council with a report on the implications of providing acoustical treatment or noise mitigation measures in residences in a 65 dB CNEL or lower noise contour area. Vote: 10-0-1-0. Absent: Diquisto.
Ardith Meyer and Steve Cohen addressed Council in favor of the 3rd Street Shelter proposal. Attachment: Correspondence presenting alternatives proposed by the neighbors of a proposed shelter at South 3rd and William Streets.
Elza Theodule spoke on various societal issues.
The Council of the City of San José adjourned at 10:00 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK