MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
FEBRUARY 27, 2001
The Council of the City of San José convened in regular
session at 9:30 a.m. in City
Council Chambers at City Hall.
Present: Council Members - Chavez, Cortese, Dando, LeZotte, Reed, Shirakawa,
Jr., Williams, Yeager; Gonzales.
Absent: Council Members - Diquisto (excused).
Vacant: District 5.
Upon motion unanimously adopted,
Council recessed at 9:35 a.m. to
a Closed Session in Room 600 to confer with Legal Counsel pursuant to
Government Code Section 54956.9; under Subsection (a) to discuss existing
litigation in the cases of City of San José v. Morgan Hill United School
District; to discuss anticipated litigation pursuant to Subsection (b) of
Government Code Section 54956.9, in one matter involving the initiation of
litigation; and to confer with Labor Negotiator Pursuant to Government Code
54957.6: (1) City Negotiator: City Manager designee Alex Gurza; Employee
Organization: Operating Engineers, Local 3; (2) City Negotiator: City Manager
designee Alex Gurza; Employee Organization: International Association of
Firefighters.
By unanimous
consent, Council reconvened from the Closed Session and recessed at 10:50 a.m. and reconvened at 1:33 p.m. in the Council Chambers.
Present: Council Members - Chavez, Cortese, Dando, LeZotte, Reed, Shirakawa,
Jr., Williams, Yeager; Gonzales.
Absent: Council Members - Diquisto (excused).
Vacant: District 5.
Invocation (District 2)
The Oak Grove Air
Force Junior ROTC Color Guard, under the direction of Colonel Mike McKinniss,
presented Colors.
Pledge of Allegiance
Mayor Gonzales led the Pledge of Allegiance.
Orders of the Day
Upon motion by
Council Member Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez,
and unanimously carried, the Orders of the Day and the Amended Agenda were
approved. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
1.1 Presentation of a commendation to Fire Department personnel
who displayed courage, determination and dedication in response to a
residential fire that occurred on January 21, 2001. (Chavez)
(Rules Committee referral 2/21/01)
Documents filed:
None.
Discussion/Action:
This item was deferred to March 13, 2001.
2.1 Final adoption of Ordinance 26196 – Adopts the Neighborhood
Business Clusters Redevelopment Plan and makes certain findings.
[Deferred from 9/19/00 –
Item 6b(4) et al., and 2/13/01 – Item 2.11]
Documents filed:
None.
Discussion/Action:
This item was deferred to March 6, 2001, to be heard with Item 10.1(a).
2.2 Final adoption of Ordinance 26197 – Amends the Julian-Stockton
Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza
Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo
Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais
Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center
Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa
Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the
Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San
Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the
Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the
Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters
Redevelopment Plan to effect the merger of said Redevelopment Project Areas and
making certain findings.
[Deferred from 9/19/00 – Item 6b(5) et al., and 2/13/01 –
Item 2.12]
Documents filed:
None.
Discussion/Action:
This item was deferred to March 6, 2001, to be heard with Item 10.1(b).
2.3 Approval of the second amendment to the consultant agreement
with Charles M. Salter Associates, Inc. to provide consultant services for the
design, bid, and construction administration of acoustical treatment for
eligible dwellings located with the Category II/III Eligibility Areas of the
Acoustical Treatment (ACT) Program, increasing the maximum compensation by
$386,000, from $1,500,000 to $1,886,000, and extending the term from June 30,
2001 to December 31, 2002. CEQA: Resolution No. 67380. (Airport)
Documents filed:
Memorandum from Director of Aviation, Ralph G. Tonseth, dated February 7, 2001,
recommending approval of a second amendment to said agreement with Charles M.
Salter Associates, Inc.
Discussion/Action:
Responding to questions from Council Member Chavez about the length of time
between when requests for testing are received and the testing is completed,
Aviation Director Tonseth stated Staff will report back with a timeline goal
from initial request to the noise tests being conducted. The second amendment
to said agreement with Charles M. Salter Associates, Inc., was approved and its
execution authorized. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
2.4 Approval of a first amendment to the consultant agreement with
Cuschieri Horton Architects, Inc. for the preparation of the Guadalupe Gardens
Master Plan, increasing the maximum compensation by $40,000, from $45,000 to
$85,000, and extending the agreement term to December 31, 2001. (Airport)
Documents filed:
Memorandum from Director of Aviation, Ralph G. Tonseth, dated February 7, 2001,
recommending approval of a first amendment to said agreement with Cuschieri
Horton Architects, Inc.
Discussion/Action:
The first amendment to said agreement with Cuschieri Horton Architects, Inc.
was approved and its execution authorized. Vote: 10-0-1-0-1. Absent: Diquisto.
Vacant: District 5.
2.5 (a) Approval of
the tentative agreement on the composition of the Deferred Compensation
Advisory Committee (DCAC) subject to ratification by the bargaining units.
(b) Adoption
of a resolution to increase the number of members of the Deferred Compensation
Advisory Committee, from five to seven, and to increase the terms of office,
from two years to four years.
(c) Approval
of the appointment of three employees to new terms on the DCAC, Effective March
2, 2001 and expiring on March 1, 2005.
(City Manager’s Office/Human Resources)
Documents filed:
Memorandum from Employee Relations Director, Alex Gurza, and Human Resources
Director, Nona Tobin, dated February 7, 2001, recommending approval of said
agreement on the composition of the DCAC, adoption of a resolution to increase
the number of members on the committee and terms of office, and appointment of
three employees to new terms on the DCAC.
Discussion/Action:
The tentative agreement on the composition of the Deferred Compen-sation
Advisory Committee (DCAC), subject to ratification by the bargaining units, was
approved; Resolution No. 70176, entitled: “A Resolution of the Council of the
City of San José Providing for the Selection and Term of Office of Members of
the Advisory Committee for the City of San José Deferred Compensation Plan”,
was adopted, and Tim Callahan, as nominated by the trades unions, was appointed
for a term ending March 1, 2005; Don De Mers, as nominated by the Police
Officers Association, was appointed to a term ending March 1, 2005; and Mark
Skeen, as nominated by the International Association of Firefighters, Local
230, was appointed to a term ending March 1, 2005. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
2.6 Approval of award
of open purchase orders for supplies, materials, equipment, and services for FY
2000-2001 #30, and authorization for the Director of General Services to
execute the purchase orders. (General
Services)
Documents filed:
Memorandum from Director of General Services, Steve S. Yoshino, dated February
7, 2001, recommending approval of said open purchase orders.
Discussion/Action:
The award of open purchase orders List No. #30 was approved and the Director of
General Services authorized to execute the purchase orders. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant:
District 5.
2.7 Adoption of a resolution:
(a) Amending the City’s Pay Plan to create job classifications for Food Service
Coordinator, Cook, and Kitchen Aide.
(b) Amending
the City’s Pay Plan to change job
classification titles for Instrument Repair Technician, Instrument Repair
Supervisor, Electrical Maintenance Supervisor, Permit Technician, Senior Permit
Technician, and Supervising Building Inspector.
(c) Amending
the City’s Pay Plan to delete various job
classifications that are no longer used in the City.
(Human Resources)
Documents filed:
Memoranda from Director of Human Resources, Nona Tobin, dated February 7 and
27, 2001, recommending adoption of said resolution.
Discussion/Action:
Resolution No. 70177, entitled: “A Resolution of the Council of the City of San
José Amending the City of San José Pay Plan to Create Job Classifications for
Food Service Classes, Changing Job Classification Titles for Jobs Represented
by the Association of Building, Mechanical, Electrical Inspectors (ABMEI) and
Deleting Obsolete Job Classifications from the City of San José Pay Plan”, was adopted. Vote:10-0-1-0-1.
Absent: Diquisto. Vacant: District 5.
2.8 Approval of a lease agreement with Beverly Building Investors,
Ltd., a California Limited Partnership, for the lease of 16,000 square feet of
warehouse space located at 233-235 Commercial Street in San José, for a period
of thirty months, commencing retroactively as of January 1, 2001, and ending on
June 30, 2003, at a cost of $16,000 per month for the first year, increasing to
$17,000 per month for the second year of the lease, and $17,600 per month for
the final 6 months of the 30-month term.
(Public Works)
Documents filed:
Memorandum from Acting Director of Public Works, Rajeev Batra, dated February
7, 2001, recommending approval of said agreement with Beverly Building
Investors, Ltd.
Discussion/Action:
The lease agreement with Beverly Building Investors, Ltd., was approved and its
execution authorized, was approved and its execution authorized. Vote:
10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
2.9 (a) Approval of an agreement with Tom Richman and
Associates, Inc. for consultant services for the Mayfair Community Center and
Park Master Plan Project, from the date of execution of the agreement to May
31, 2002, in the amount of $120,000, and additional services in the amount of
$10,000, for a total agreement amount of $130,000. (Public Works)
(b) Adoption
of appropriation ordinance amendments in the Council District 5 Construction
and Conveyance Tax Fund, increasing the appropriation for the Mayfair Center
and Park Master Plan Project by $60,000.
(City Manager’s Office)
Documents filed:
(1) Memorandum from Acting Director of Public Works, Rajeev Batra, dated
February 7, 2001, recommending approval of said agreement with Tom Richman and
Associates, Inc., (2) Memorandum from Larry D. Lisenbee, dated January 31,
2001, recommending adoption of said appropriate ordinance amendments.
Discussion/Action:
The agreement with Tom Richman and Associates, Inc., was approved and its
execution authorized, and Ordinance No. 26303, entitled: “An Ordinance of the
City of San José Amending Ordinance No. 26141 which Appropriates Moneys in the
Council District 5 Construction and Conveyance Tax Fund in the Amount of
$60,000, for the Mayfair Center and Park Master Plan Project; and Providing
That This Ordinance Shall Become Effective Immediately Upon Adoption”, was
adopted. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
2.10 Approval of agreements with Gage-Babcock and Associates, Rolf
Jensen and Associates, Hughes Associates, and Associated Risk Consultants in an
amount not to exceed $200,000, for plan check services for a period of one year
from date of execution. (Fire) (Deferred from 2/20/01 – Item 2.13)
Documents filed:
Memorandum from Fire Chief Manuel Alarcon, dated January 31, 2001, recommending
approval of said agreements with Gage-Babcock and Associates, Rolf Jensen and
Associates, Hughes Associates, and Associated Risk Consultants.
Discussion/Action:
William J. Garbett spoke in opposition. The agreements with Gage-Babcock and
Associates, Rolf Jensen and Associates, Hughes Associates, and Associated Risk
Consultants were approved and their execution authorized. Vote: 10-0-1-0-1.
Absent: Diquisto. Vacant: District 5.
2.11 Adoption of a resolution approving certain conditions on the
disposition of parking facilities required by AMBAC Assurance Corporation, the
proposed bond insurer for the parking revenue bonds, for the 4th and
San Fernando Street Garage. (City
Attorney’s Office)
(Rules Committee referral 2/14/01)
(Deferred from 2/20/01 – Item 2.25)
Documents filed:
None.
Discussion/Action:
This item was deferred to March 6, 2001.
2.12 Approval of the final map for Tract No. 9308 - Southwest corner
of Story Road and Clemence Avenue - Green Valley Corporation (Developer) - 12
retail and office condominium units.
Adoption of a resolution approving the final map for Tract No.
9308. CEQA: ND. District 7.
(Public Works)
Documents filed:
Memorandum from Acting Director of Public Works, Rajeev Batra, dated February
20, 2001, recommending adoption of said resolution.
Discussion/Action:
Resolution No. 70178, entitled: “A Resolution of the Council of the City of San
José Approving and Accepting Final Map of Tract No. 9308”, was adopted. Vote:
10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
2.13 Adoption of an urgency ordinance and approval of a regular
ordinance amending Section 20.50.100 of Chapter 20.50 of Title 20 of the San
Jose Municipal Code to amend Table 20-110 to correct a typographical error and
clarify that vehicle wrecking uses are conditional uses within the HI Heavy
Industrial Zone, and to provide and clarify that the development regulations
applicable to the area bounded by Route 87, Julian Street, Fourth Street, and
Interstate 280 shall be by those development regulations set forth in Part 12
of Chapter 20.28 of Title 20 of the San Jose Municipal Code in effect on
February 18, 2001. (City Attorney’s
Office)
(Rules Committee referral 2/21/01)
Documents filed:
Memorandum from City Attorney Richard Doyle, dated February 23, 2001,
recommending adoption of said urgency and approval of a regular ordinance to
make said amendments to the San José Municipal Code.
Discussion/Action:
William J. Garbett spoke in opposition. Urgency Ordinance No. 26304, entitled:
“An Urgency Ordinance of the City of San José to Amend Section 20.50.100 of
Chapter 20.50 of Title 20 of the San José Municipal Code to Amend Table 20-110
to Correct a Typographical Error and Clarify that Vehicle Wrecking Uses are
Conditional Uses Within the Hi Heavy Industrial Zone and to Provide and Clarify
that the Development Regulations Applicable to Properties Zoned CG General
Commercial and Within the area Bounded by Route 87, Julian Street, Fourth
Street and Interstate 280 Shall be Those Development Regulations Set Forth in
Part 12 of Chapter 20.28 of Title 20 of the San José Municipal Code in Effect
on February 18, 2001, and Setting Forth the Facts Constituting Such Urgency”,
was adopted; and Ordinance No. 26305, entitled: “An Ordinance of the City of
San José to Amend Section 20.50.100 of Chapter 20.50 of Title 20 of the San
José Municipal Code to Amend Table 20-110 to Correct a Typographical Error and
Clarify that Vehicle Wrecking Uses are Conditional Uses Within the Hi Heavy
Industrial Zone and to Provide and Clarify that the Development Regulations
Applicable to Properties Zoned CG General Commercial and Within the area
Bounded by Route 87, Julian Street, Fourth Street and Interstate 280 Shall be
Those Development Regulations Set Forth in Part 12 of Chapter 20.28 of Title 20
of the San José Municipal Code in Effect on February 18, 2001”, was passed for
publication. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
2.14 Final adoption of Ordinance 26299 - Sets forth the very limited
and extraordinary circumstances warranting an additional General Plan amendment
hearing related to housing issues prior to the General Plan Annual Review and
Amendment Process.
Documents filed:
None.
Discussion/Action:
This item was dropped from the agenda, to be rescheduled for March 6, 2001.
2.15 Approval of a contingency budget increase for the Meadows Park
Improvements Project in the amount of $4,000, for a total contingency budget of
$14,000. CEQA: Exempt.
(Public Works)
(Rules Committee referral 2/21/01)
Documents filed:
Memorandum from Acting Director of Public Works, Rajeev Batra, dated February
20, 2001, recommending approval of said contingency budget increase for the
Meadows Park Improvements Project.
Discussion/Action:
William J. Garbett spoke in opposition. The contingency budget increase for the
Meadows Park Improvements Project was approved. Vote: 10-0-1-0-1. Absent:
Diquisto. Vacant: District 5.
END OF CONSENT CALENDAR
Vice Mayor Shirakawa, Jr., Chair
Documents filed:
Rules Committee report of February 14, 2001.
(a) Redevelopment Agency items reported at
Redevelopment Agency meeting.
(b) City Council
(1) Review February 27, 2001 Draft Agenda
The
Committee approved the February 27, 2001 City Council agenda.
(2) Add New Items to February 20, 2001
Amended Agenda
The
Committee recommended three additions to the February 20, 2001 City Council
Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
The
Committee recommended one addition to the February 28, 2001 agenda for the
Finance and Infrastructure Committee.
(b) Economic Development and Environment
Committee
Council
Member Dando requested a report documenting how recipients have used grant
monies from the Housing Department.
The
Committee recommended one addition to the March 5, 2001 agenda for the Economic
Development and Environment Committee.
(c) Education, Neighborhoods, Youth, and
Seniors Committee
There
were no amendments presented.
(d) Ad Hoc Traffic Calming Advisory
Committee
There
were no amendments presented.
(d) Meeting Schedules
None
were presented.
(e) The Public Record
There
was none.
(f) Request by Council Member LeZotte to
use Council General Funds for attendance at the League of California Cities
Transportation, Communication & Public Works Policy Committee meeting in
Los Angeles, California, on January 19, 2001. Attachment: (1) Memorandum from
Council Member LeZotte, dated February 2, 2001, requesting use of Council General
funds to attend a League of California Cities’ Policy Meeting. (2) Memorandum
from City Clerk, Patricia L. O’Hearn, dated February 6, 2001, summarizing the
use of Council General Travel Budget to date.
The
Committee approved the use of Council General Travel funds by Council Member
LeZotte to attend the League of California Cities’ Transportation,
Communications and Public Works Policy Committee Meeting in Los Angeles, CA, on
January 19, 2001.
(g) Appointments to Project Diversity
Screening Committee. Attachment: Memorandum from Council Member LeZotte, dated
February 14, 2001, recommending the appointment of District One resident Katie
Brown to the Project Diversity Screening Committee.
The
Committee approved the appointment of Katie Brown to the Project Diversity
Screening Committee and continued this item to the February 21, 2001 meeting
for additional appointments.
(h) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee
There
were none.
(i) Oral communications
None
were presented.
(j) Adjournment
The
meeting was adjourned at 2:10 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 February 14,
2001, were accepted. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
Council Member Dando, Chair
Documents filed:
Finance and Infrastructure Committee report of February 14, 2001.
(a) Monthly Investment Report for November/December
2000. Attachment: Memoranda from Mark Burton, Acting Director of Finance, dated
December 15, 2000 and January 11 and 22, 2001, transmitting said reports.
The Committee approved the Staff report.
(b) December
Monthly Report. Attachment: Letter from City Auditor Gerald Silva, dated
January 25, 2001, transmitting said report.
The Committee approved the Staff report.
(c) Monthly Financial Report for November
2000. Attachment: Memorandum from Budget Director Lisenbee, dated January 3,
20001, recommending approval of said appropriation ordinance and related
revenue resolution amendments.
The Committee approved the Staff report.
(d) Unfunded
Projects Appropriation Report as of December 21, 2000. Attachment: Memorandum
from Acting Director of Public Works, Rajeev Batra, dated January 24, 2001,
transmitting said report.
The Committee approved the Staff report.
(e) Minutes
from Fourth Quarter 2000 Investment Committee Meeting. Attachment: Memorandum
from Mark Burton, Acting Director of Finance, dated January 22, 2000,
transmitting said report.
The Committee approved the Staff report.
(f) Communication
Center Refunding. Attachment: Memorandum from Finance Director Scott P.
Johnson, dated February 5, 2001, transmitting the Plan of Finance for the
Communications Center Refunding Project.
The Committee approved the Staff report.
See the February 27, 2001 Joint
Council/Financing Authority for Council action.
(g) Sales and Business Tax for Quarter
Ending September 31, 2000. Attachment: Letter from City Auditor Gerald Silva,
dated January 24, 2001, transmitting said report.
The Committee approved the Staff report.
(h) Oral
petitions
None
presented.
(i) Adjournment
Prior
to adjournment, the Committee unanimously approved the cancellation of the
March 14, 2000 Finance & Infrastructure Meeting. The Committee adjourned at
3:55 p.m.
Discussion/Action:
Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr., and
unanimously carried, the Finance and Infrastructure report and actions of
February 14, 2001, were accepted. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
3.4 Adoption of a resolution
authorizing the City Manager to negotiate and execute a first amendment to the
agreement with George Miers & Associates, for architectural services for
the San José Animal Services Project, extending the term of the agreement from
June 30, 2001 to December 31, 2002, amending the scope of services to add
consultant services for preparation of construction documents, support services
for bidding and award of the construction contract, and construction
administration services, and increasing the compensation by $581,000, from
$375,000 to $956,000. (Public Works)
Documents filed:
Memorandum from Acting Director of Public Works, Rajeev Batra, dated February
21, 2001, recommending adoption of said resolution.
Discussion/Action:
In response to questions from Council Member Chavez, Deputy City Manager Kay
Winer explained the policy and staffing plans which focus on a series of
options that would go beyond the mandated responsibility to shelter animals,
but through an educational aspect of the facility, to encourage responsible pet
ownership and a strong spay and neutering program, with the goal of ultimately
minimizing the number of animals which have to be put to sleep. She stated the
facility will be large enough to hold animals for even longer periods of time
than the Hayden Bill requires and by working the Humane Society, the City hopes
to increase the number of animals adopted. She introduced Gary Ruckle, Director
of Animal Services, who stated the City will work with the Humane Society and
other rescue services thorough out the County to devise the most inclusive
adoption policy possible. Council Member Yeager asked about the feasibility of
creating an advisory commission to garner community input. Deputy City Manager
Kay Winer stated Staff has discussed utilizing an committee rather than a
commission, with defined roles of responsibilities and working subcommittees to
address various kinds of issues and to involve the community. Council Member
Yeager stated he is concerned with having more members of the community
involved on the Committee. Council Member Chavez inquired about the City’s
regulations regarding number of cats permitted by animal rescue groups. City
Attorney Doyle stated Staff will review the applicable ordinance and report
back on what special provisions are included and what enforcement options are
available. William J. Garbett spoke in opposition to Items 3.4 and 3.5. Upon
motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and
unanimously carried, Resolution no. 70179, entitled: “A Resolution of the
Council of the City of San José Authorizing the City Manager to Negotiate and
Execute a First Amendment to the Agreement with George Miers & Associates
for Architectural Services for the San José Animal Services Project for
Extending the Term from March 20, 2000 to December 31, 2002, and Increasing the
Compensation by $581,000, from $375,000 to $956,000”, was adopted, and Staff
was directed to analyze the potential role of an Advisory Committee. Vote:
10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
3.5 (a) Adoption of a
resolution amending the City’s Pay Plan to create the following classifications
and salary ranges:
(1) Supervisor,
Animal Services Operations (3250) with a salary range of $26.96-$32.85 per hour
($56,076.80-$68,328 annually).
(2) Animal
Services Officer, Senior (3251) with a salary range of $20.00-$24.31 per hour
($41,600–$50,565.06 annually).
(3) Animal
Services Officer (3252) with a salary range of $17.03-$20.70 per hour
($35,422.40-$43,056.15 annually).
(4) Animal
Health Technician (3253) with a salary range of $15.39-$18.71 per hour
($32,011.20-$38,916.80 annually).
(5) Kennel
Attendant (3254) with a salary range of $14.09-$17.13 per hour
($29,307.20-$35,630.40 annually).
(b) Adoption
of a resolution amending the City’s Pay Plan to delete obsolete
classifications.
(Human Resources)
(Deferred from 2/20/01 – Item 3.4)
Documents filed:
Memorandum from Director of Human Resources, Nona Tobin, dated February 26,
2001, recommending adoption of said resolution.
Discussion/Action:
William J. Garbett spoke in opposition. Upon motion by Vice Mayor Shirakawa,
Jr., seconded by Council Member Chavez, and unanimously carried, the resolution
to delete the City’s obsolete Pay Plan classifications [3.5(b)] was dropped
from the agenda, and Resolution No. 70180, entitled: “A Resolution of the
Council of the City of San José Amending the City of San José Pay Plan to
Create Job Classifications for the Provision of Animal Services”, was adopted.
Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
4.2 (a) Close the
public hearing on the proposed formation of Community Facilities District No. 5
(North Coyote Valley).
(b) Adoption
of a resolution directing recording of Notice of Abandonment for Community
Facilities District No. 5 (North Coyote Valley).
(c) Adoption
of a Resolution of Intention to establish Community Facilities District No. 5A
(North Coyote Valley) and set the public hearing on this matter for March 27,
2001 at 1:30 p.m.
CEQA: Resolution No. 69957. (Public Works)
(Continued from 11/7/00 – Item 10a et al., and 2/13/01 –
Item 4.2)
Documents filed:
None.
Discussion/Action:
This item was deferred to March 20, 2001.
4.3 PUBLIC HEARING ON APPEAL of the Planning Commission’s decision
to approve a Conditional Use Permit for a project located at the southwest
corner of East Taylor and North 10th Streets (444 E. Taylor Street)
on a 0.43-gross-acre site in the M-1 Manufacturing Zoning District for the
Conversion of a residential structure to a non-residential use in support of
the redevelopment of a legal non-conforming gasoline service station. The
applicant has specifically appealed Concurrent Condition #5.a. requiring
closure of the 10th Street driveway closest to the intersection of
Taylor and 10th Streets.
(Stephen Lopes, Owner; Western States Oil Company, Developer). CEQA: Exempt.
CP 00-04-022 - District 3
Documents filed:
(1) Memorandum from Council Member Chavez, dated February 23, 2001,
recommending Council support the applicant’s appeal of the Planning
Commission’s decision to approve the Conditional Use Permit (CUP) which
requires the closure of the 10th Street driveway. (2) Memorandum
from Director of Planning, James R. Derryberry, dated February 7, 2001,
recommending Council uphold the decision of the Planning Commission to approve
the requested CUP with Concurrent Condition #5.a. requiring closure of the 10th
Street driveway closest to the intersection of Taylor and 10th
Street.
Discussion/Action:
James Derryberry, Director of Planning,
stated Staff concurs with the Planning Commission’s decision to close driveways
on both Taylor and on 10th Street to improve pedestrian and
vehicular safety at that corner, and the applicant agrees with closing the
Taylor Street driveway but is appealing the decision to close the 10th
Street driveway. Mayor Gonzales stated he is concerned about the possibility
that closing the driveway may increase congestion because of the small size of
the lot. Council Member Chavez moved approval of her memorandum dated February
23, 2001, recommending Council support the applicant’s request to have
Concurrent Condition #5.a. removed from the CUP. Vice Mayor Shirakawa, Jr.,
seconded the motion. Council Member Williams suggested Staff compile statistics
of incidents at the location and if there is any significant increase in
accidents, determine if the issue needs to be reconsidered. On a call for the
question, the motion carried, and Council approved Member Chavez’s
recommendations dated February 23, 2001, to grant the proposed Conditional Use
Permit without Concurrent Condition #5.a., and Resolution No. 70181, entitled:
“Resolution of the Council of the City of San José Granting, Subject to
Conditions, a Conditional Use Permit to Use Certain Real Property Described
Herein for the Purpose of the Conversion of a 750 Square Foot Residential
Structure to a Non-Residential Use in Support of the Redevelopment of a Legal
Non-Conforming Gasoline Service Station”, was adopted. Vote: 10-0-1-0-1.
Absent: Diquisto. Vacant: District 5.
5.2 (a) Report on bids
and approval of contract for the Center for the Performing Arts Acoustical
Shell Replacement Project with J.R. Clancy, Inc., in the amount of $1,499,825,
and approval of a contingency in the amount of $150,000. (Public Works)
(b) Adoption
of appropriation ordinance and funding sources resolution amendments in the
Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund)
for the Center for Performing Arts Improve-ments Project with a net impact to
the fund of $1,800,000. (City Manager’s Office)
CEQA: Exempt.
Documents filed:
(1) Memoranda from Acting Director of Public Works, Rajeev Batra, dated
February 7 and 21, 2001, recommending award of said contract to J.R. Clancy,
Inc. (2) Memorandum from Budget Director Larry D. Lisenbee, dated February 22,
2001, recommending approval of said appropriation ordinance and related revenue
resolution amendments.
Discussion/Action:
Upon motion by Council Member Williams, seconded by Council Member Chavez, and
unanimously carried, the award of said contract with J.R. Clancy, Inc., and
related contingency, were approved and their execution authorized; Ordinance
No. 26306, entitled: “An Ordinance of
the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the
Services for Redevelopment Capital Projects Fund in the Amount of $1,800,000
for the Center for Performing Arts Improvements Projects; and Providing That
This Ordinance Shall Become Effective Immediately Upon Adoption”; and
Resolution No. 70182, entitled, “A Resolution of the City of San José Amending
Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the
Fiscal Year 2000-2001 to Adjust Revenues in the Services for Redevelopment
Capital Projects Fund’, were adopted. Vote: 10-0-1-0-1. Absent: Diquisto. Vacant:
District 5.
6.2 Approval of an ordinance amending Chapter 11.40 of Title 11 of
the San José Municipal Code to include additional parking meter zones in
Downtown and Japantown to meet the demand for short-term visitor parking in
these areas. CEQA: Exempt.
(Streets and Traffic)
Documents filed:
Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February
7, 2001, recommending approval of said ordinance.
Discussion/Action:
William J. Garbett spoke in opposition. Upon motion by Council Member Chavez,
seconded by Council Member Dando, and unanimously carried, Ordinance No. 26307,
entitled: “An Ordinance of the City of San José Amending Section 11.40.050 of
Chapter 11.40 of Title 11 of the San José Municipal Code to Include Additional
Parking Meter Zones in Downtown and Japantown”, was passed for publication.
Vote: 10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
7.1 Approval of the Municipal Water System’s 2000 update of the
Urban Water Management Plan and direction to staff to file the Plan with the
California Department of Water Resources.
(Environmental Services)
Documents filed:
(1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated
February 7, 2001, recommending approval of the Municipal Water System’s 2000
Update of the Urban Water Management Plan, and direction to staff to file the
Plan with the California Department of Water Resources. (2) Report entitled: 2000
Urban Water Management Plan Update, for the City of San José Municipal Water
System, dated February 2001, prepared by the Environmental Services
Department.
Discussion/Action:
Council Member Reed asked about pages 3.5 and 4.2 of the report, which refer to
the possibility of a new well being installed in the North San José/Alviso
service area within the next ten years. Environmental Services Director Mosher
stated the reference is included as a contingency dependent on the outcome of
negotiations with the San Francisco Water System to procure water from Hetch
Hetchy Reservoir after the current agreement expires in 2009. Because Alviso is
below sea level, Council Member Reed expressed concern the report gives the
impression that such wells have actually been approved, and requested the
report be amended to clarify that references to new wells in Alviso are
contingency options, are not concrete plans and have not been approved by
Council. Upon motion by Council Member Reed, seconded by Vice Mayor Shirakawa,
Jr., and unanimously carried, the Municipal Water System’s 2000 update of the
Urban Water Management Plan, as amended, was approved. Vote: 10-0-1-0-1.
Absent: Diquisto. Vacant: District 5.
9.1 (a) Approval of the Police Department's $2,003,908 Spending Plan for the 2000-01
Supplemental Law Enforcement Services Grant.
(b) Adoption
of related appropriation ordinance and funding sources resolution amendments
for the SLES Fund (Fund 414) for Fiscal Year 2000-01.
(Police/City
Manager’s Office)
Documents filed:
Memorandum from Budget Director Larry D. Lisenbee and Chief of Police William
M. Lansdowne, dated February 7, 2001, recommending approval of the Spending
Plan for the 2000-01 Supplemental Law Enforcement Services grant, and adoption
of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action:
William J. Garbett spoke in opposition. Upon motion by Vice Mayor Shirakawa,
Jr., seconded by Council Member Chavez, and unanimously carried, the Police
Department's $2,003,908 Spending Plan for the 2000-01 Supplemental Law
Enforcement Services Grant was approved, Ordinance No. 26308, entitled: “An Ordinance of the City of San
José Amending Ordinance No. 26141 to Appropriate Moneys in the Supplemental
Law Enforcement Services Fund in the Amount of $2,003,908 for Various Law
Enforcement Services; and Providing That This Ordinance Shall Become Effective
Immediately Upon Adoption”; and Resolution No. 70183, entitled, “A Resolution
of the City of San José Amending Resolution No. 69683 Setting Forth the
Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in
the Supplemental Law Enforcement Services Fund”, were adopted. Vote:
10-0-1-0-1. Absent: Diquisto. Vacant: District 5.
The Council of City of San José Council convened the
Redevelopment Agency Board at 2:18 p.m. to consider Item 10.1 in a Joint
Session.
10.1 (a) Adoption by the City Council of a
response to written objections from property owners and taxing entities to the
adoption of the Neighborhood Business Clusters Redevelopment Plan and the
merger of the Neighborhood Business Clusters Redevelopment Plan into the San
Jose Merged Area Redevelopment Plan.
(b) Final
adoption of ORDINANCE NO. 26196 – Adopts the Neighborhood Business
Clusters Redevelopment Plan and makes certain findings.
(HEARD WITH ITEM 2.1)
(c) Final
adoption of ORDINANCE NO. 26197 – Amends the Julian-Stockton
Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment
Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno
Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais
Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center
Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa
Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the
Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San
Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the
Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the
Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters
Redevelopment Plan to effect the merger of said Redevelopment Project Areas and
making certain findings
(HEARD WITH ITEM 2.2)
(Deferred from 9/19/00 – Item 11a et al., and
2/13/01 – Item 10.1)
Documents filed:
None.
Discussion/Action:
This item was deferred to March 6, 2001.
The Redevelopment Agency Board portion of the meeting adjourned at
2:19 p.m.
Open Forum—heard jointly with Redevelopment Agency Public
Discussion.
(1) Deborah Grant spoke on issues about Santa
Clara County services.
(2) Ross Signorino spoke about utility tax
issues.
Adjournment
The Council of the
City of San José adjourned at 2:22 p.m. to a joint meeting with the San José
Financing Authority following the Council meeting, and thereafter to Friday,
March 2, 2001, 8:00 a.m., for an adjourned regular session regarding the
region’s energy needs.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK