The Council of the City of San Jose convened in regular session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Matthews, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to a Closed Session at 9:35 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of State of California, et al. vs. Bank of America, et al.; Homer J. Olsen, Inc. vs. City of San José, et al.; and Benner vs. City of San José, et al.
By unanimous consent, Council reconvened from the Closed Session and recessed at 11:00 a.m. and reconvened at 1:32 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Matthews, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Jenny Lee, Santa Teresa High School Sophomore and First Place Recipient in the 1999 Martin Luther King Essay Contest, East Side Union High School District, read her award-winning essay entitled: “One Day I’ll See It”. (District 2)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
5b Presentation of a proclamation declaring “1999: A Celebration of Women in Sports” and recognizing that this year, San José will host more major women’s sports events than any other city including the World soccer All-Star Game, the NCAA basketball Final Four, five of the Women’s World Cup games, including the championship, and the NCAA soccer Final Four. (Fiscalini)
Documents Filed: None.
Discussion/Action: Joined by Mayor Gonzales at the Podium, Vice Mayor Fiscalini acknowledged those individuals who have contributed to women’s sports in San José and upcoming sports events scheduled for March, June, July and December, 1999, to be held at various locations throughout Santa Clara County. Vice Mayor Fiscalini presented proclamations to the following organizations and their representatives: San José Sports Authority - Ann Cribbs, Board Chair, and Dean Munro, Executive Director; FIFA Women’s World Cup - David Ficklin, Public Relations/Marketing Director; NCAA Women’s Final Four - Danette Macri, Executive Director; and representing NCAA Women’s College Cup, Carolyn Lewis, Assistant A.D., and John Poach, Event Director. In addition to the honorees mentioned above, the following individuals were acknowledged for their contributions to women’s sporting events: San José Sports Authority Board and Staff - Richard Cristina, Charlie Faas, Hunter Gridley, Jan Hutchins, Frank Jirik, Gayle Jones, Mike O’Kane, Patricia Ernstrom, Nino Repetti, Sheryl Spain, Michael Stewart, and Shelly Wolfe; FIFA Women’s World Cup – Annie Can-Zien; and NCAA Women’s College Cup – Phillipe Blin and John Ralston.
5c Presentation of plaques to James Webb, for 6 years 11 months service on the Library Commission; to Daniel Michalek for 1 year 3 months service on the Youth Commission; to Ramsey Amireh for 2 years service, to Robert Baldini for 2 years service, to Maritza Maldonado-Cavillo for 2 years service, and Doris Upshur for 2 years service on the Project Diversity Screening Committee. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented plaques to out-going Commissioners James Webb, Ramsey Amireh, Maritza Maldonado-Cavillo and Doris Upshur, and thanked them for their service to the citizens of San José. Plaques for Robert Baldini and Daniel Michalek will be mailed, as the honorees were unable to attend the meeting.
5d Swearing in of Police
Department’s new Community Relations Robot, a tricycle riding interactive
robot. (Mayor)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Chief of Police Lansdowne administered the Oath of Office to Mike the “Bike-bot”, a remote-controlled, tricycle-riding robot who is fluent in English, Spanish and Vietnamese, and will be used as part of the Police Department’s school safety program to teach bicycle and pedestrian safety to preschool children.
Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 11-0-0-0.
Minutes for Approval
6a(1) Regular Meeting of November
24, 1998
Documents Filed: Minutes of the regular meeting of November 24, 1998
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
6a(2) Annual Review of the
San José 2020 General Plan Meeting of November 24, 1998
Documents Filed: Minutes of the General Plan hearing of November 24, 1998.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
6a(3)
Joint City Council/Redevelopment Agency Meeting of December 3, 1998
Documents Filed: Minutes of the joint meeting of December 3, 1998
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
6a(4) Annual Review of the
San José 2020 General Plan Meeting of December 7, 1998
Documents Filed: Minutes of the General Plan hearing of December 7, 1998.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
Contracts/Agreements
6e(1) Approval of award of
open purchase orders for supplies, materials, equipment, and services for
FY 1998-99 # 20, and authorization for the Director of General Services to
execute the purchase orders. (General Services)
Documents Filed: (1) Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated January 28, 1999, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders. (2) Supplemental letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated February 12, 1999, recommending Council award said open purchase orders and additions to existing open purchase orders, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 20 for FY 1998-99 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(2) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with DMG/Maximus for services to develop costs and alternatives for providing animal control services for the period February 16, 1999 to June 30, 1999, in an amount not to exceed $75,000.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated February 3, 1999, recommending Council approve the agreement with DMG Maximus.
Discussion/Action: Resolution No. 68711, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement For Consultant Services With DMG-Maximus to Complete an Animal Control Transition Analysis and Report in an Amount Not to Exceed Seventy-Five Thousand Dollars”, was adopted. Vote: 11-0-0-0.
6e(3) Adoption of a resolution authorizing the City Manager to execute the annual agreement with the Federal Drug Enforcement Administration (DEA) for the continuation of the DEA Task Force and adoption of related appropriation ordinance and funding sources resolution amendments in the General Fund. (Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated January 28, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68712, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute an Agreement With Federal Drug Enforcement Administration for the Continuation of the DEA Task Force for the Period October 1, 1998 Through September 30, 1999”; Ordinance No. 25782, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the General Fund in the Total Amount of $110,943 for the Continuation of the Drug Enforcement Task Force From October 1, 1998 to September 30, 1999; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 68712.1, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68256 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1998-99 to Adjust Revenues in the General Fund”, were adopted. Vote: 11-0-0-0.
6e(4) Approval of a continuation agreement with Brown and Caldwell, Inc., for consultant services for the Fourth Major Interceptor, Phase IV/IVA Project, extending the term of the agreement by 9 months, from December 31, 1998 to September 30, 1999, and increasing the compensation by $50,000, from $604,148 to $654,148. CEQA: Resolution No. 60197. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 21, 1999, recommending Council approve said agreement.
Discussion/Action: The continuation agreement with Brown and Caldwell, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
6e(5) Adoption of a resolution approving an agreement with Housing for Independent People, Inc. for the purchase and right of entry for real property located at 193/195 Asbury street in the amount of $231,000 and authorizing the Director of Public Works to execute the necessary documents. CEQA: ND. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 28, 1999, recommending Council approve an agreement with Housing For Independent People, Inc., for the purchase of said real property, and authorize the Director of Public Works to execute the necessary documents to complete the transactions.
Discussion/Action: Resolution No. 68713, entitled: “A Resolution of the Council of the City of San José (i) Approving an Agreement With Housing For Independent People, Inc. for the Purchase of, and Right of Entry on, Real Property Located at 193/195 Asbury Street in the Amount of $231,000; and (ii) Authorizing the Director of Public Works to Execute All Necessary Documents to Complete the Transaction”, was adopted. Vote: 11-0-0-0.
6e(6) Approval of an agreement
with Rajappan & Meyer consulting Engineers, Inc. for consultant services
for five (5) median island projects for the period February 1999 to June 2000,
for basic services in the amount of $210,000, and additional services in the
amount of $10,000, for a total agreement amount of $220,000.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 2, 1999, recommending Council approve said agreement.
Discussion/Action: The consultant services agreement with Rajappan & Meyer was approved and its execution authorized. Vote: 10-0-0-1. Disqualified: LeZotte, conflict of interest.
6e(7) Approval of a consultant
agreement with Nichols, Vallerga and Associates (NVA) for the Pavement Management
System (PMS) data conversion and pavement condition survey for the period
February 16, 1999 to August 31, 1999, in an amount not to exceed $100,000.
(Streets and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 28, 1999, recommending Council approve said consultant services agreement.
Discussion/Action: Ross Signorino spoke on the proposed agreement. The consultant services agreement with Nichols, Vallerga and Associates (NVA) was approved and execution of the agreement authorized Vote: 11-0-0-0.
6e(8) Adoption of a resolution finding that the repair of a sanitary
sewer lateral on Monterey Highway and the expenditure of funds for the repair
are of urgent necessity for the preservation of life, health, and property,
waiving formal bidding requirements for the award of contract for the project,
as authorized by Section 1217 of the City Charter, and ratifying the award
of contract for the Monterey Highway Sanitary Sewer Lateral Repair Project
to the J. W. Ebert Corp., in the amount of $50,000 and a contingency in the
amount of $10,000. CEQA: Exempt. (Public Works)
(Rules Committee referral 2/10/99)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 12, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68714, entitled: “A Resolution of the Council of the City of San José Waiving the Bidding Requirements of the City Charter as Authorized by Section 1217 for the Monterey Highway Sanitary Sewer Lateral Repair Project and Ratifying the Award of Contract to J.W. Ebert Corporation in the Amount of $50,000 With a Contingency of $10,000”, was adopted. Vote: 11-0-0-0.
Routine Legislation
6f(1) Adoption of a resolution
authorizing the Director of Conventions, Arts, and Entertainment Department
to submit an application to the California Arts Council (CAC) for a grant
to support multicultural arts development programs and neighborhood arts initiatives,
in an amount not to exceed $120,000, and to accept the grant, if awarded.
(Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated January 28, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68715, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Conventions, Arts and Entertainment to Execute and Submit an Application to the California Arts Council for a Grant to Support Multicultural Arts Development Activities and Neighborhood Arts Initiatives in an Amount Not to Exceed $120,000, to Accept the Grant if Awarded and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
6f(2) Approval of the proposed process/timeline for the Federally required Consolidated Plan (CONPLAN) for 1999.
(Housing/Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Housing Alex Sanchez, and Director of Parks, Recreation and Neighborhood Services Mark Linder, dated January 28, 1999, recommending Council approve the proposed process.
Discussion/Action: The proposed process for the Consolidated Plan for 1999 was approved. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
7b Report of the Rules
Committee – February 3, 1999
Documents Filed: Rules Committee Report of the meeting on February 3, 1999.
(1) Review of February 16, 1999 Council Agenda
The Committee approved the February 16, 1999 Council Agenda with three additions and two changes.
(2) Add New Items to February 9, 1999 Amended Council Agenda
The Committee recommended eight additions and one change to the February 9, 1999 Council Agenda.
(3) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated January 28, 1999, listing the items transmitted to the Administration and the items filed for the Public Record for the period January 20-26, 1999.
The Committee referred Item (b) to the Administration and noted and filed the remainder of the Public Record for the period January 20-26, 1999.
(4) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
No items were presented.
(5) City Council and Rules Committee meeting schedules
(a) Request to cancel March 9, 1999 Council meeting
The Committee recommended cancellation of the March 9, 1999 Council meeting.
(6) Oral communications
There were none presented.
(7) Adjournment
The meeting was adjourned at 2:40 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Rules Committee Report and actions of February 3, 1999 were accepted. Vote: 11-0-0-0.
7d Report of the Economic and Community Development Committee – February 1, 1999
Documents Filed: Economic and Community Development Committee Report of the meeting on February 1, 1999.
(1) Consent Calendar. Attachments: (1) Memorandum from Director of Housing, Alex Sanchez, dated January 20, 1999, highlighting activity in the Project Development Program during the quarter ending December 31, 1998. (2) Memorandum from Director of Housing, Alex Sanchez, dated January 20, 1999, transmitting the report on activity in the Housing Rehabilitation Program during the second quarter of the 1998-99 Fiscal Year. (3) Memo-randum from Director of Housing, Alex Sanchez, dated January 22, 1999, attaching a report on the activity in the Housing and Homeless Funds for the second quarter of the 1998-99 Fiscal Year
(a) Quarterly Report on the Project Development Program
(b) Quarterly Report on the Housing Rehabilitation Program
(c) Quarterly Report on the Housing and Homeless Fund
The Committee recommended approval of the quarterly reports.
(2) Annual Family Camp Report and Rate Resolution. Attachment: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated January 22, 1999, recommending Council approve the report and the continued operation of Family Camp.
The Committee recommended approval of the report with direction to Staff to research other funding sources to complete the restroom renovations.
Discussion/Action: See Item 9a for Council action taken.
(3) Section 8 Housing Update
The Committee deferred this item to May 3, 1999 with direction to Staff to report back with an update on the housing issues and options.
(4) County EMS RFP Update. Attachment: Memorandum from Sr. Deputy City Manager Darrell Dearborn, and Fire Chief Robert L. Dorman, dated January 22, 1999, submitting the report for information only.
The Committee accepted the informational report.
(5) Discussion of Special Meeting Re: Dance Concert Policy
The Committee recommended Staff work with the City Attorney and Committee Members to set a date for a special meeting of the Economic and Community Development Committee to discuss the City’s Dance Concert Policy.
(6) Oral petitions
Dance Concert Promoters’ expressed disappointment that the April 3, 1999 date was not awarded to a promoter. The Promoters were informed by the City Attorney that current legal issues preclude the City of San José from assigning the date and as soon as a special meeting date is scheduled, the Promoters will be notified.
(7) Adjournment
The meeting was adjourned at 3:45 p.m.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Shirakawa Jr., and unanimously carried, the Economic and Community Development Committee Report and actions of February 1, 1999 were accepted. Vote: 11-0-0-0.
LAND USE AND DEVELOPMENT
8a PUBLIC HEARING and adoption
of a resolution on the designation of the Borchers Brothers Building, located
at 396 N. First Street on the east side of N. First Street, 150 feet north
of Basset Street, as a landmark of special historic, architectural, cultural,
aesthetic, or value of a historic nature. CEQA: Exempt. (Historic Landmarks
Commission)
(Continued
from 11/24/98 – Item 8c and 1/26/99 – Item 8a)
Documents Filed: (1) Memorandum from the Historic Landmarks Commission, James R. Derryberry, Secretary, dated January 7, 1999, recommending Council adopt said resolution. (2) Affidavit of Routing of Resolution Number 68482 initiating proceedings designating the subject property as a City landmark. (3) Notice of Public Hearings on the proposed designation of the Borchers Brothers Building as a historic landmark in the City of San José, for the City-initiated project HL 98-111, dated October 13, 1998, and Proof of Publication submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the landmark designation. There was no discussion from the Floor. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the public hearing was closed, the Historic Landmarks Commission recommendation approved, and Resolution No. 68716, entitled: “Resolution of the Council of the City of San José Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, the Borchers Brothers Building and Site as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, was adopted. Vote: 11-0-0-0.
GENERAL GOVERNMENT
9a Adoption of a resolution
setting fees for Family Camp.
[Economic
and Community Development Committee referral 2/1/99 – Item 7d(2)]
Documents Filed: See Item 7d(2) of the Economic and Community Development Committee Report of February 1, 1999.
Discussion/Action: Mayor Gonzales introduced representatives of the Friends of Family Camp Partnership Organization - Jim Murphy, Park Manager, Dave Busse, Sam San Filippo, Ron Pennel and Harry Wellman – and asked them to stand and be recognized for their hard work and commitment to the Family Camp Program. Upon motion by Council Member Diaz, seconded by Council Member Matthews and unanimously carried, Resolution No. 68717, entitled: “A Resolution of the Council of the City of San José Fixing and Establishing a Schedule of Charges to be Paid by Persons at San José Family Camp, and Repealing Resolution No. 67918”, was adopted. Vote: 11-0-0-0.
9b Report on bids and award of contract to the sole bidder, West Valley Construction, Inc. for Miscellaneous and Emergency Repairs to the Municipal Water System and South Bay Water Recycling Facilities in the amount of $561,697. CEQA: Exempt. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 28, 1999, recommending Council approve award of said contract to the sole bidder, West Valley Construction, Inc.
Discussion/Action: Director of Environmental Services, Carl W. Mosher, stated this item includes funding from the Treatment Plant Operating Fund for the repair of the South Bay Water Recycling System; therefore, the recommendation for approval should be amended to reflect approval contingent upon consideration by the Treatment Plant Advisory Commission at its meeting on March 11, 1999. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the report on bids was accepted, the award of contract to the sole bidder, West Valley Construction, Inc., was approved contingent on approval by the Treatment Plant Advisory Committee at its meeting on March 11, 1999, and execution of the contract authorized. Vote: 11-0-0-0.
9c Authorization for the City Manager to pursue negotiation of an agreement with the appropriate entities to provide funding in an amount not to exceed $720,000 for the purchase of Bair Island (San Mateo County) in fulfillment of mitigation requirements related to salt marsh conversion by Plant effluent discharge. CEQA: Exempt. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 28, 1999, recommending Council authorize the negotiation of said agreement. (2) Letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated February 12, 1999, recommending Council authorize the City Manager to negotiate said agreement.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, the City Manager was authorized to pursue negotiation of an agreement with the appropriate entities to purchase Bair Island. Vote: 11-0-0-0.
9d Adoption of a resolution:
(1) Approving the subordination
of City homeownership loans to Cal Fed Bank Affordable Housing Program loans
for up to 34 units of the Grail Affordable Ownership Housing Project.
(2) Approving the use of
up to $1,230,000 in HOME funds for homeownership loans on up to 34 units of
the Grail Affordable Ownership Housing Project.
(3) Authorizing the Director
of Housing to negotiate and execute all necessary documents on behalf of the
City.
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated January 28, 1999, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 68718, entitled: “A Resolution of the Council of the City of San José (I) Approving the Subordination of City Homeownership Loans to Cal Fed Bank Affordable Housing Program Loans for Up to 34 Units of the Grail Affordable Ownership Housing Project; (II) Approving the Use of Up to $1,230,000 in Home Funds for Ownership Loans for Up to 34 Units of the Grail Affordable Ownership Housing Project; and (III) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents on Behalf of the City”, was adopted. Vote: 11-0-0-0.
9e Adoption of a resolution
authorizing the Director of General Services to:
(1) Exercise the options to extend the following
City-generated tow contracts:
(a) Matos Automotive Enterprises,
Inc. (Zone One).
(b) City Tow, Inc. (Zone
Two)
(c) Century Tow (Zone Three)
(d) Motor Body Company,
Inc. (Zone Four)
(e) Courtesy Tow Service,
Inc. (Zone Five)
(f) Delta Towing, Inc.
(Zone Six)
(2) Exercise three (3)
additional 1-year options to extend the City-generated tow contracts.
(General Services)
(Deferred from 2/9/99 – Item 9f)
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated January 21, 1999, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Powers, seconded by Council Member Matthews and unanimously carried, Resolution No. 68719, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Exercise the Option to Extend the Terms of Agreements for Tow Services”, was adopted. Vote: 11-0-0-0.
Council Member Shirakawa, Jr., left Council Chambers during discussion of Item 9f.
9f Adoption of a resolution
approving the terms of Letter of Intent between the City and San José Arena
Management regarding a twenty-five (25) year lease and Management Agreement
for operation and expansion of the Ice Centre of San José, and authorizing
the City Manager to execute the Letter on behalf of the City. (City Manager’s
Office)
(Deferred from 2/9/99
– Item 9l)
Documents Filed: Memorandum from Sr. Deputy City Manager, Darrell A. Dearborn, dated February 12, 1999, recommending Council adopt said resolution.
Discussion/Action: Senior Deputy City Manager, Darrell Dearborn reviewed major points of the staff report regarding the lease and operation of the Ice Centre, and responded to Council questions with respect to facility improvements, maintenance and repairs, and naming rights. Council Member LeZotte queried Staff on Arena Management’s “right to assign” or “reasonableness” language in the agreement and the parameters or benchmarks that will be contained within the agreement to allow assumption of Arena management responsibility and continuance of facility operation. City Attorney Joan R. Gallo stated the Office of the City Attorney would review the provisions of the agreement to ensure the protection needed by the City is clear and concise. The following individuals spoke in favor of the Ice Centre expansion: Don Gralnek, representing the San José Sharks; Ken Rodrigues, FAIA, of Kenneth Rodrigues & Promotions, Inc.; and Anthony Morici. William J. Garbett spoke against the proposed action. Upon motion Council Member Powers, seconded by Council Member Dando and unanimously carried, Resolution No. 68720, entitled: “A Resolution of the Council of the City of San José Approving the Terms of Letter of Intent With San José Arena Management LP Regarding the Lease, Expansion and Operation of the Ice Centre of San José”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
9g (1) Approval of the proposed use of State
Supplemental Law Enforcement funds in the amount of $2,016,402.
(2) Following a review by the SLES Oversight
Committee, direction to staff to report back to Council with the recommended
appropriation and revenue resolution actions.
(Police)
(Rules Committee referral
2/10/99)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated February 10, 1999, recommending Council approve the proposed use of funds with direction to Staff to report back with said recommendations.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Dando and unanimously carried, the proposed use of the funds was approved and the Administration directed to report back to Council with recommended appropriation and revenue resolution actions, following a review by the Oversight Committee. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
9h Direction to all appointees
to change their memo format to include a section titled Public Contact or
Public Outreach. (Mayor)
Documents Filed: Memorandum from Mayor Gonzales, dated February 4, 1999, recommending action necessary to change memorandum format.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the recommendation to include a Public Contact or Public Outreach section to the standard City memorandum format was approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
FISCAL AFFAIRS
10a Adoption of a parking
rate resolution fixing off-street and on-street parking rates, including the
following:
(1) A premium parking rate
at the Market Street/San Pedro Square Garage.
(2) A monthly parking rate for reserved
parking spaces at all City facilities to be twice the non-reserved rate.
(Streets
and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 28, 1999, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 68721, entitled: “A Resolution of the Council of the City of San José Adopting a Master Parking Rate Schedule for Municipal On and Off Street Parking Facilities and for the Downtown Validation Programs, and Repealing Resolution No. 68552”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
The Redevelopment Agency Board convened at 3:14 p.m. to consider Item 11a in a joint session with the City Council.
11a Adoption of a resolution
by the Agency Board:
(1) Amending the Bylaws of the Redevelopment
Agency to create an Agency Rules Committee; and,
(2) Changing the Redevelopment Agency Board
regular meeting schedule.
(Redevelopment Agency General Counsel)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated February 11, 1999, setting forth amendments of the Agency Bylaws to change Redevelopment Agency meeting schedule and create a Rules Committee.
Discussion/Action: Mayor Gonzales recommended approval of the amendment to the Redevelopment Agency Bylaws to create an Agency Rules Committee and to change the Redevelopment Agency Board meetings to every Tuesday at 1:30 p.m., immediately following the City Council meeting. Council Member Dando requested the scheduling of one public hearing on the Redevelopment Agency Budget prior to the final consideration by the Council/Board. William J. Garbett spoke against the proposed action. Russ Signorino spoke on the item. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, Redevelopment Agency Board Resolution No. 4632 amending the Bylaws of the Redevelopment Agency to create an Agency Rules Committee and changing the regular meeting schedule, effective February 23, 1999, to every Tuesday at 1:30 p.m., exclusive of the month of July, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
The Redevelopment Agency Board adjourned at 3:19 p.m.
RECESS/RECONVENE
There were no Oral Communications, therefore, the City Council recessed at 3:20 p.m. and reconvened at 7:02 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Matthews, Fiscalini, LeZotte, Powers, Shirakawa, Jr.; Gonzales
5a Presentation to winner
of the 1998 Home Improvement Awards Program. (Chavez)
Documents Filed: None.
Discussion/Action: Joined by Mayor Gonzales at the Podium, Council Member Chavez introduced the winners of the Home Improvement Awards and presented awards to the following recipients: HISTORIC STRUCTURE CATEGORY: First Place Winner James & Dorothea Stafford; Second Place Winner Carlino & Julie Cecilio; NOMINATE YOUR NEIGHBOR CATEGORY: First Place Winner Manuel Lima nominated by Jeanne Lazzarini, Second Place Winner Rudy & Becky Crespo nominated by Rebecca Elliott, Tie - Third Place Winners Bob & Jennifer Pereira nominated by Carrie Ross, and Al & Kathy Aguirre nominated by Kelly Kline; STRUCTURAL CATEGORY: First Place Winner Doug & Juli Dowhan; NEIGHBORHOOD IMPROVEMENT CATEGORY: First Place Winner Northside Neighborhood Volunteer Garden; LANDSCAPE CATEGORY: First Place Winner Richard Marino, and Second Place Winner Don & Eileen Campagna; COMMERCIAL CATEGORY: First Place Winner John Karamanos.
City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications and other actions as recommended. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the below noted continuances and other actions were granted. Vote: 10-0-1-0. Absent: Woody.
PUBLIC HEARINGS
15a PUBLIC HEARING and adoption
of a resolution authorizing the reorganization of territory designated as
Riverside No. 48, which involves the annexation to the City of San José of
109.58 acres of land, located on the southerly side of Silver Creek Valley
Road, on both sides of Piercy Road, and the detachment of the same from the
Central Fire Protection District and County Library Service Area. (Planning, Building, and Code Enforcement)
(Continued
from 2/2/99 – Item 15a)
Documents Filed: None.
Discussion/Action: This item was continued to March 16, 1999.
15b PUBLIC HEARING and adoption of a resolution authorizing the reorganization of territory designated as Monterey Park #103, which involves the annexation to the City of San José of 60.55 acres of land, located on the south side of Curtner Avenue, opposite Stone Avenue, and the detachment of the same from the Central Fire Protection District, Santa Clara County Library Service District, and the Santa Clara Valley Water District. CEQA: Resolution No. 65459.
(Planning, Building, and Code Enforcement).
Documents Filed: None.
Discussion/Action: This item was continued to February 23, 1999.
15c PUBLIC HEARING ON THE
CONFORMING REZONING of the area generally within the boundaries of the south
side of Coleman Avenue and Julian Avenue, east of Highway 87, west of Fourth
Street, and north of Highway 280, from C-3 Commercial, M-1 and M-4 Manufacturing,
R-2, R-3, and R-4 Residence District to D-C Downtown Primary Commercial District.
No change is recommended for the existing R-I Residence District and
PD Planned Development Districts. (Planning, Building and Code Enforcement)
CC
97-08-057 -District 3
(Continued
from 11/18/97 - Item 15c et al., and 10/20/98 - Item 15d)
Documents Filed: None.
Discussion/Action: This item was dropped.
15d PUBLIC HEARING ON THE
CONFORMING REZONING of the area generally within the boundaries of the south
side of Coleman Avenue and Julian Avenue, east of Highway 87, west of Fourth
Street, and north of Highway 280, from C-3 Commercial, M-1 and M-4 Manufacturing,
R-2, R-3, and R-4 Residence District to D-R Downtown Primary Residential District
and D-RC Downtown Residential Conservation District. No change is recommended for the existing R-I
Residence District and PD Planned Development Districts. (Planning, Building and Code Enforcement)
CC
97-08-058 -District 3
(Continued
from 2/17/98 - Item 15d et al., and 10/20/98 - Item 15e)
Documents Filed: None.
Discussion/Action: This item was dropped.
15e PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located on the southwest and southeast
corner of Yerba Buena Road and Silver Creek Valley Road, from A(PD) Planned
Development to A(PD) Planned Development, to allow 30 single-family detached
residences on 13.66 gross acres (Ryland Homes/Greenbriar Homes, Owner/Developer).
CEQA: Negative Declaration.
PDC
98-08-055 - District 8
(Continued
from 11/17/98 – Item 15l and 12/15/98 – Item 15f)
Documents Filed: None.
Discussion/Action: This item was continued to March 16, 1999.
15h PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the northerly terminus of
Pfeiffer Ranch Road, from R-1:B-6 Residence to A(PD) Planned Development Zoning
District, to allow 3 single-family detached residential units on 1.75 gross
acres (Theresa Pfeiffer, Owner; Viking Development Corp., Developer). CEQA:
Resolution No. 22918. Director of Planning, Building and Code Enforcement
recommends approval. Planning Commission recommends approval (7-0-0).
PDC
98-01-005 - District 10
Documents Filed: None.
Discussion/Action: This item was continued to March 16, 1999.
15f PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the northerly terminus of
Pamela Avenue, from C-3 Commercial to A(PD) Planned Development, to allow
up to 10 multi-family attached residences on a .3 acre site (Nai Hui Wang,
Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building
and Code Enforcement recommends approval. Planning Commission recommends approval
(7-0-0).
PDC
98-05-037 – District 5
(Continued
from 2/2/99 – Item 15b)
Documents Filed: (1) Memorandum from the Planning Commission, James R. Derryberry, Secretary, dated January 13, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-05-037, dated November 10, 1998, and Proof of Publication dated November 20, 1998, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25783, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Northerly Terminus of Pamela Avenue”, was passed for publication. Vote: 10-0-1-0. Absent: Woody.
15g PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the south side of Curtner
Avenue, opposite Stone Avenue, from County to A(PD) Planned Development Zoning
District, to allow 510 residential units comprised of single-family detached,
single-family attached, and multi-family attached units on 60.5 gross acres
and a CONVENTIONAL PREZONING of residual adjacent parcels (24 acres) from
County to A-Agriculture (APN 455-28-005 & 006) (Bettencourt and Southern
Pacific, Owners; Barry Swenson Builder, Developer). CEQA: Negative Declaration.
Director of Planning, Building and Code Enforcement recommends approval. Planning
Commission recommends approval (6-0-1).
PDC
97-07-043 - District 7
Documents Filed: (1) Memorandum from the Planning Commission, James R. Derryberry, Secretary, dated January 11, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 97-07-043, dated December 23, 1998, and Proof of Publication dated January 15, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Richard Zlatunich, representing the applicant MTA Properties, spoke on behalf of the project. John E. Neece, Chief Executive Officer of the Santa Clara & San Benito Counties Building & Construction Trades Council spoke in support of the proposed development. William J. Garbett spoke against the proposed action. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25784, entitled: “Ordinance of the City of San José Prezoning Certain Real Property Situated at the South Side of Curtner Avenue, Opposite Stone Avenue”, was passed for publication. Vote: 10-0-1-0. Absent: Woody.
The City Council joined Mayor Gonzales in welcoming Boys Scout Troop 232, and their Assistant Scoutmaster Terry Tanner, who attended the meeting as a requirement for the Citizenship and Community Merit Badges. The Scouts and Scoutmaster were asked to stand and be recognized.
Council Member Shirakawa, Jr. left Council Chambers at this time in the meeting.
15i PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at west side of South White Road,
90 feet southerly of Rose Creek Drive, from R-1:B-6 Residence Zoning District
to A(PD) Planned Development Zoning District, to allow a 28,000 square foot
addition of a gymnasium fitness center, office, spa, swimming pools, basketball
courts, and daycare to an existing YMCA facility on 4.5 gross acres (YMCA,
Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement
recommends approval. Planning Commission recommends approval (7-0-0).
PDC
98-10-076 – District 5
Documents Filed: (1) Memorandum from the Planning Commission, James R. Derryberry, Secretary, dated January 28, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-10-076, dated January 7, 1999, and Proof of Publication dated January 15, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Diaz, seconded by Council Member Matthews and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25785, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of South White Road, 90 Feet Southerly of Rose Creek Drive”, was passed for publication. Vote: 9-0-2-0. Absent: Shirakawa, Jr., Woody.
ORAL COMMUNICATIONS
San José resident Lee Quan asked for Council assistance in resolving code enforcement violation. City Manager’s Office to meet with Mrs. Quan.
ADJOURNMENT
The Council of the City of San José adjourned at 7:30 p.m. in memory of Ernest F. Abeytia, a long time Chicano civil rights and social justice activist in San José and California since the 1950s.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK