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, Fiscalini, LeZotte, Matthews, 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 (A) to confer with Legal Counsel with respect to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Preservation Action Council of San José vs. City of San José, et al.; City of San José vs. Aetna Life Insurance Company; San José Water Company vs. City of San José; City of San José vs. Guadalupe Rubbish Disposal Company; People of the State of California vs. General Cigar Co., Inc., et al.; and Phillips vs. City of San José; (B) to confer with Legal Counsel regarding anticipated litigation of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code; and (C) for the purpose of conducting Public Employee Performance Evaluation, Director of General Services, pursuant to Government Code Section 54957.
By unanimous consent, Council reconvened from the Closed Session and recessed at 11:00 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: None.
Father Tim Kidney, St. Patrick’s Catholic Church, delivered the invocation. (District 3)
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.
5a Presentation of a commendation to Captain Tom Giles, San José Fire Department and presentation of a gift to the City of San José by Captain Giles. (Dando)
(Rules Committee referral 2/24/99)
Documents Filed: None.
Discussion/Action: Joined by Mayor Gonzales, Council Member Dando invited to the Podium Fire Chief Robert Dorman and honoree Fire Captain Thomas W. Giles, who accepted the commendation and presented to the City of San José a painting of Ohlone Village life as it might have been along Los Alamitos Creek. Fire Chief Dorman acknowledged Captain Giles’ outstanding leadership and dedication as a firefighter to the citizens of San José, and introduced Captain Giles’ wife Pam, who was asked to stand and be recognized.
Disclosure of Closed Session Action of March 2, 1999 submitted by Acting City Manager, Debra J. Figone:
A. Confirmation of Department Head Selection:
Director of General Services
Steve S. Yoshino
Council Vote:
Ayes: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa Jr., Woody; Gonzales
Noes: None.
Absent: None.
Disqualified: None.
Council Member Diquisto left Council Chambers during consideration of the Consent Calendar.
Upon motion by Council Member Woody, seconded by Council Member Matthews and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: Diquisto.
6a(1) Regular Meeting of December 8, 1998.
Documents Filed: Minutes of the regular meeting of December 8, 1998.
Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Diquisto.
6b(1) ORD. NO. 25783 – Rezones certain real property situated at the northerly terminus of Pamela Avenue.
PDC 98-05-037
Documents Filed: Proof of publication of the title of Ordinance No. 25783 dated February 23, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25783 was adopted. Vote: 10-0-1-0. Absent: Diquisto.
6b(2) ORD. NO. 25784 – Rezones certain real property situated at the south side of Curtner Avenue, opposite Stone Avenue.
PDC 97-07-043
Documents Filed: Proof of publication of the title of Ordinance No. 25784 dated February 23, 1999, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25784 adopted. Vote: 10-0-1-0. Absent: Diquisto.
6b(3) ORD. NO. 25785 – Rezones certain real property situated at the west side of South White Road, 90 feet southerly of Rose Creek Drive.
PDC 98-10-076
Documents Filed: Proof of publication of the title of Ordinance No. 25785 dated February 23, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25785 was adopted. Vote: 10-0-1-0. Absent: Diquisto.
6c(1) Adoption of resolutions:
(a) Initiating proceedings to consider the Morris Dailey/Max Blum House at 26-28 S. Fifth Street, Appleton/Marks House at 36-38 S. Fifth Street, and Hall House at 44 S. Fifth Street, as landmarks of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature; and
(b) Setting a public hearing on April 27, 1999 at 1:30 p.m.; and
(c) Referring the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report and recommendation.
CEQA: Exempt. (Historic Landmarks Commission)
Documents Filed: (1) Memorandum from the Historic Landmarks Commission, Secretary James R. Derryberry, dated February 10, 1999, recommending Council adopt said resolutions. (2) Affidavits of Routing of Resolution Nos. 68732, 68732.1 and 68732.2, initiating proceedings designating the Morris Daley/Max Blum House, the Appleton/Marks House, and Hall House as City Landmarks, each dated March 8, 1999, March 24, 1999, and March 24, 1999, respectively.
Discussion/Action: Resolution No. 68732, entitled: “Resolution of the Council of the City of San José Initiating Proceedings On Its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, to Designate the Morris Dailey/Max Blum House as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 68732.1, entitled: “Resolution of the Council of the City of San José Initiating Proceedings On Its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, to Designate the Appleton/Marks House as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature; and Resolution No. 68732.2, entitled: “Resolution of the Council of the City of San José Initiating Proceedings On Its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, to Designate the Hall House as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, were adopted. Vote: 10-0-1-0. Absent: Diquisto.
6c(2) Adoption of a resolution initiating proceedings on an ordinance of the City of San José amending Chapter 20.08 and Chapter 20.28 of Title 20 of the San José Municipal Code relating to “paving in the front setback” by inserting Section 20.08.125 to limit the amount of impervious surface in the front setback on lots in all R-1 Residence Districts, and amending Section 20.28.410 to include Poolrooms as a Conditional Use in the C-2 Commercial District and setting a public hearing on April 20, 1999 at 7:00 p.m., and referring the ordinance to the Planning Commission for its recommendations and comments.
(Planning, Building and Code Enforcement)
Documents Filed: None.
Discussion/Action: This item was deferred to March 16, 1999.
6d(1) TRACT NO. 9132 – West side of Lucretia Avenue, opposite Taji Court – M. J. Brock & Sons Inc., a Delaware Corporation, D.B.A. Ryland Homes (Developer) – 45 single family detached residential units. Adoption of resolutions approving the plans, final map, and contract for Tract No. 9132. CEQA: ND. District 7.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 23, 1999, recommending Council adopt said resolutions for Tract No. 9132.
Discussion/Action: Resolution No. 68733, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans For Tract No. 9132”; Resolution No. 68734, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9132”; and Resolution No. 68735, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9132”, were adopted. Vote: 10-0-1-0. Absent: Diquisto.
6d(2) TRACT NO. 9144 – Between North First and Second Streets, 150 feet northerly of Bassett Street – Ryland V, LLC, a California Limited Liability Company (Developer) – 30 condominium units and 735 square feet of commercial space on 0.5 net acre. Adoption of resolutions approving the plans, final map, and contract for Tract No. 9144. CEQA: ND. District 3. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 17, 1999, recommending Council adopt said resolutions for Tract No. 9144.
Discussion/Action: Resolution No. 68736, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans For Tract No. 9144”; Resolution No. 68737, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9144”; and Resolution No. 68738, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9144”, were adopted. Vote: 10-0-1-0. Absent: Diquisto.
6e(1) Approval of the third amendment to the agreement with Corlett, Skaer & DeVoto Architects (CSDA) for quality assurance inspection services for additional bid groups in Phase 4 of the San Jose International Airport’s Accoustical Treatment Program, increasing the compensation by $56,913, from $957,043 to 1,013,956, and extending the term of the agreement by six (6) months, from January 1, 1999 to June 30, 2000. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated February 11, 1999, recommending Council approve the third amendment to said agreement.
Discussion/Action: The third amendment to the agreement with Corlett, Skaer & DeVoto Architects was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
6e(2) Approval of a first amendment to the ground lease agreement with Hewlett Packard Corporation for parcel W-9 located on the west side of the San Jose International Airport authorizing the Director of Aviation to approve subleases that comply with the uses listed in the Ground Lease and other appropriate conditions. CEQA: Exempt. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated February 10, 1999, recommending Council approve the first amendment to the said lease.
Discussion/Action: Mayor Gonzales disqualified himself from discussion and decision on this item because of previous employment with Hewlett Packard Corporation, and Vice Mayor Fiscalini Chaired the meeting for this item only. The first amendment to the ground lease agreement with Hewlett Packard Corporation was approved and execution of the amendment authorized. Vote: 9-0-1-1. Absent: Diquisto. Disqualified: Mayor Gonzales, former employee of Hewlett Packard Corporation.
6e(3) Approval of a first amendment to the Lease of Airport Premises with ACM Aviation, Inc. for hangar and office space located at 1455 Airport Boulevard, authorizing the Director of Aviation to approve subleases that comply with the uses listed in the Lease of Airport Premises and other appropriate conditions. CEQA: Exempt. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated February 10, 1999, recommending Council approve the first amendment to said lease and authorize the Director of Aviation to approve subleases that comply with the uses listed in the Lease of Airport Premises.
Discussion/Action: Cathy S. Brandhorst commented on this item. The first amendment to the Lease of Airport Premises with ACM Aviation, Inc. was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Diquisto.
6e(4) Approval of a continuation agreement with Dennis Church to assist with the preparation of RFP(s) for operating and maintenance, long-term leasing, and competitive response by City staff for the Municipal Water System, increasing the compensation by $50,000, from $65,000 to $115,000, and extending the term of the agreement by nineteen (19) months, from March 2, 1999 to October 1, 2000. (Environmental Services)
Documents Filed: None.
Discussion/Action: This item was deferred to March 16, 1999.
6e(5) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 21, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated February 10, 1999, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 21 for FY 1998-99 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Diquisto.
6e(6) Adoption of a resolution authorizing the Director of General Services to negotiate and execute a continuation agreement with Fleet Data Systems for an automated fuel and preventive maintenance system, extending the term of the agreement by 30 months, from December 31, 1998 to June 25, 2001, at no additional cost to the City. (General Services)
Documents Filed: None.
Discussion/Action: This item was deferred to March 16, 1999.
6e(7) Approval to reject all bids and authorization for the Director of General Services to negotiate and acquire in the open market one (1) sixteen (16) foot camera van and associated equipment and to execute and issue a purchase order in an amount not to exceed $210,000. (General Services)
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated February 18, 1999, recommending Council reject all bids and authorize the Director of General Services to negotiate and acquire in open market said equipment, pursuant to Section 4.12.110 of the San José Municipal Code.
Discussion/Action: William J. Garbett spoke against the proposed action. The rejection of all bids was approved and authorization for the Director of General Services to negotiate and acquire the equipment in open market granted. Vote: 10-0-1-0. Absent: Diquisto.
6e(8) Adoption of a resolution authorizing the City Manager to negotiate and execute agreements to provide youth employment services to youth exhibiting at-risk/high-risk behaviors, for the period November 1, 1998 to October 31, 1999 with:
(a) Asian Americans for Community Involvement, in the amount of $50,000.
(b) Center for Training and Careers, in the amount of $40,000.
(c) Filipino Youth Coalition, in the amount of $24,000.
(d) San José Conservation Corps, in the amount of $45,000.
(e) Second Start/Pine Hill School: Learning Disabilities Incorporated, in the amount of $26,000.
(f) Mexican American Community Services Agency for the period September 1, 1998 to May 31, 1999, in the amount of $82,000.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 10, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68739, entitled: “A Resolution of the Council of the City of San José Delegating to the City Manager the Authority to Negotiate and Execute Agreements With Certain Service Providers for the 1998-99 Youth Employment Program”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
6e(9) Approval of the second amendment to the master agreement with the Beals Group, Inc. for consultant services for various park and recreational projects, increasing the compensation by $50,000, from $200,000 to an amount not to exceed $250,000. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 10, 1999, recommending Council approve the second amendment to said master agreement.
Discussion/Action: The second amendment to the master agreement with the Beals Group, Inc. was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Diquisto.
6e(10) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Nike USA, Inc. (NIKE) for the use of space at the Almaden/Woz Way Parking Lot for the community fanfest event on March 25-28, 1999 at no cost to NIKE. (Streets and Traffic)
Documents Filed: (1) Supplemental Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated March 1, 1999, clarifying the addition of provisions to the NIKE contract. (2) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 25, 1999, recommending Council approve an agreement with NIKE to utilize the space at the Almaden/Woz Way Parking Lot for a community fanfest.
Discussion/Action: Council Member Chavez expressed opposition to the proposed action predicated on pertinent information from the Office of the City Attorney. Resolution No. 68740, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Nike U.S.A., Inc. to Utilize Space at the Almaden/Woz Way Parking Lot for a Community Fanfest”, was adopted. Vote: 8-2-1-0. Noes: Chavez, LeZotte. Absent: Diquisto.
6e(11) Adoption of a resolution granting the Director of Environmental Services Department authority to submit a grant application to the California Department of Conservation, Division of Recycling, in the amount of $200,000 to purchase recycling modules for use in San José’s regional and neighborhood parks and other public places. (Environmental Services)
(Rules Committee referral 2/24/99)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 24, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68741, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Environmental Services to Submit a Grant Application to the California Department of Conservation in the Amount of $200,000 for Purchase of Recycling Modules”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
6e(12) Approval to reject all proposals for the Fire Services Strategic Plan (Master Plan) and authorization for the Fire Chief to issue a new Request for Proposal (RFP). (Fire)
(Rules Committee referral 2/24/99)
Documents Filed: Memorandum from Fire Chief, Robert L. Dorman, dated February 24, 1999, recommending Council approve staff recommendation to reject all proposals and issue a new Request for Proposal.
Discussion/Action: The proposals for the Fire Services Strategic Plan were rejected and authorization for the Fire Chief to issue a new Request for Proposal granted.Vote: 10-0-1-0. Absent: Diquisto.
6e(13) Approval of Contract Change Order No. 2 for the Monterey Highway Road Repair Project in the amount of $115,020, for a total contract amount of $444,411; approval of a time extension of 20 working days, for a total project time of 55 working days; and an increase of the contingency from $30,000 to $80,000. CEQA: Exempt. (Public Works)
(Rules Committee referral 2/24/99)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 22, 1999, recommending Council approve said contract change order.
Discussion/Action: Contract Change Order No. 2 with Pressure Grout Company, Inc. was approved and execution of the change order authorized. Vote: 10-0-1-0. Absent: Diquisto.
6f(1) Approval of an ordinance amending Chapter 3.48 of the San José Municipal Code to delete “hardship withdrawals” from the options available to a former spouse with a separate account in the City of San José Deferred Compensation Plan. (Deferred Compensation Advisory Committee)
Documents Filed: Memorandum from Deferred Compensation Advisory Committee, Jay Castellano, DCAC Secretary, dated February 10, 1999, recommending Council approve said ordinance.
Discussion/Action: Ordinance No. 25787, entitled, “An Ordinance of the City of San José Amending Section 3.48.181 of Chapter 3.48 of Title 3 of the San José Municipal Code to Conform the Options in Domestic Relations Orders Involving the Deferred Compensation Plan to the Options in Internal Revenue Code Section 457”, was passed for publication. Vote: 10-0-1-0. Absent: Diquisto.
6f(2) Adoption of a resolution to amend Resolution No. 51872, Exhibit 99, to create the class of Permit Center Manager (8351) at a salary range of 70C.
(Human Resources)
Documents Filed: Memorandum from Director of Human Resources, Nona Tobin, dated February 10, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68742, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 51872 and the City of San José Pay Plan to Create the Class of Permit Center Manager (8351) Effective March 7, 1999”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
6f(3) Adoption of a resolution to amend Resolution No. 51872, Exhibit 99, to correct salary range B for executives in the Senior Executive Performance Program, which currently is at 74G to 83B, be changed to 76G to 85B.
(Human Resources)
Documents Filed: Memorandum from Director of Human Resources, Nona Tobin, dated February 17, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68744, entitled: “A Resolution of the Council of the City of San José Amending the Senior Executive Performance Program and Resolution No. 51872, Exhibit 99 to Correct the Salary Range B For Executives in the Senior Executive Performance Program”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
6f(4) Appointment of Helen Hayashi as Project Diversity Screening Committee Chair. (Mayor)
(Rules Committee referral 2/24/99)
Documents Filed: Memorandum from Mayor Gonzales, dated February 24, 1999, recommending Council approve said appointment.
Discussion/Action: The appointment of Helen Hayashi as Project Diversity Screening Committee Chair was approved. Vote: 10-0-1-0. Absent: Diquisto.
6f(5) Approval of Council Member George Shirakawa Jr.’s travel to Houston, Texas, on January 13-14, 1999, to participate in a “Communities in Schools Program.” Funding: District 7 budget. (Shirakawa Jr.)
(Rules Committee referral 2/24/99)
Documents Filed: None.
Discussion/Action: The travel for Council Member Shirakawa Jr. to participate in the Communities in Schools Program was approved. Vote: 10-0-1-0. Absent: Diquisto.
Council Member Diquisto returned to Council Chambers at this time in the meeting.
7b Report of the Rules/Agency Rules Committee – Meeting of February 17, 1999
Documents Filed: Rules/Agency Rules Committee Report for the meeting of February 17, 1999.
(1) Review March 2, 1999 Agenda
(a) City Council
The Committee approved the March 2, 1999 Council Agenda with one change.
(b) Redevelopment Agency
No Redevelopment Agency Agenda submitted.
(2) Add new items to February 23, 1999 Amended Agenda
(a) City Council
The Committee recommended three additions to the February 23, 1999 Council Agenda.
(b) Redevelopment Agency
The Committee recommended two changes and three additions to the February 23, 1999 Redevelopment Agency Agenda.
(3) Meeting Schedules
(a) City Council
(b) Redevelopment Agency
No meeting schedules presented.
(3) Meeting Schedules
(c) Rules/Agency Rules Committee
(1) Request to change starting time for Rules Committee meetings to 2:00 p.m.
(Deferred from 02/10/99)
The Committee recommended changing the starting time of Rules Committee meetings to 2:00 p.m., beginning March 3, 1999.
Discussion/Action: See Item 9j for Council action taken.
(4) The Public Record. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated February 11, 1999, listing the items transmitted to the Administration for the period January 27-February 9, 1999. (2) Memorandum from Assistant to the City Manager/Council Liaison, Norberto L. Dueñas, dated February 17, 1999, summarizing the actions taken on items transmitted to the Administration and the items filed for the Public Record for the period January 27-February 9, 1999.
The Committee noted and filed the Public Record for the period January 27 – February 9, 1999.
(5) Council Referrals for Assignment to Appropriate Committee, Administration or Council Appointee
(a) Request to refer the issue of Home Occupations in R-1 zoning districts. Attachment: Memorandum from Council Member Shirakawa Jr., dated February 10, 1999, recommending referral to the appropriate working Committee the issue of home occupations in R-1 Zoning District.
The Committee referred this item to the Administration for a report back to the Rules Committee on March 3, 1999 with an assessment of the time and resources involved to complete the request.
(6) Oral Communications
William Garbett commented on the joint Council and Redevelopment Rules Committee Agenda.
(7) Adjournment
The meeting was adjourned at 2:50 p.m.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Shirakawa Jr. and unanimously carried, the Rules/Agency Rules Committee Report and actions of the Meeting of February 17, 1999 were accepted with Council action on Item 7b(3)(c)[1] taken at Item 9j. Vote: 11-0-0-0.
7f Report of the Education, Neighborhoods, Youth, and Seniors Committee – February 22, 1999 (Partial)
Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of the meeting of February 22, 1999 (Partial)
(4) Recommend Approval of After-School Grant Application. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 5, 1999, updating the Committee on the After School Learning and Safe Neighborhoods Partnerships Program and the City’s role in the grant application process.
The Committee recommended approval of the status report on the After School Grant Application.
Discussion/Action: See Item 9e for Council action taken.
9a Interview applicants and appoint two to the San José Appeals Hearing Board for terms ending December 31, 1999 and December 31, 2001. (Mayor)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated February 19, 1999, submitting copies of applications for and recommending Council interview seven applicants to the San José Appeals Hearing Board to fill two vacancies.
Discussion/Action: The City Council interviewed seven applicants. On the first written ballot cast, Council appointed Willie Adams, and on the second ballot appointed George Soares to serve on the San José appeals Hearing Board.
9b Adoption of a resolution authorizing the City Manager to apply and execute upon receipt a grant with the Federal Aviation Administration (FAA) for the reconstruction and extension of Runway 30R at the San José International Airport, in the amount of $20,641,739. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated February 11, 1999, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and carried, Resolution No. 68743, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit An Application to the Federal Aviation Administration for a Grant for the Reconstruction and Extension of Runway 30R at San José International Airport in An Amount Not to Exceed $20,641,739, to Accept the Grant If Awarded, and to Execute All Related Documents”, was adopted.Vote: 10-1-0-0. Noes: Chavez.
9c Report on bids and award of purchase of sixty-eight (68) sedans for the Police Department to the low bidder, S & C Ford, at a total cost of $1,796,820.10, including tax, and authorization for the Director of General Services to:
(1) Execute the purchase order for the immediate purchase of sixty-eight (68) police sedans
(2) Execute a purchase order for additional vehicles at the same bid price for one (1) year, only after sufficient funds have been appropriated.
(General Services)
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated February 10, 1999, recommending Council accept the report on bids and award said purchase contract, and authorize the Director of General Services to execute said purchase orders.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Dando and unanimously carried, the report on bids was accepted, the award of contract to S & C Ford was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
9d (1) Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the County of Santa Clara for the Childhood Lead Poisoning Prevention Program, in the amount of $200,000.
(2) Adoption of appropriation ordinance amendments in the HOME Investment Partnership Program Fund, in the amount of $100,000.
(City Manager’s Office)
Documents Filed: Memorandum from Deputy City Manager Kay Winer, and Budget Director Larry Lisenbee, dated February 12, 1999, recommending Council authorize the negotiation and execution of a grant agreement with the County of Santa Clara and adopt said appropriation ordinance amendments in the HOME Investment Partnership Program Fund.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 68745, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Grant Agreement With the County of Santa Clara in the Amount of $200,000 for the Childhood Lead Poisoning Prevention Program”; and Ordinance No. 25788, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 Which Appropriates Moneys in the Home Investment Partnership Program Fund in the Amount of $100,000 for the Childhood Lead Poisoning Prevention Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.
9e Adoption of a resolution authorizing the City Manager to submit a grant application to the California Department of Education (CDE) in an amount not to exceed $75,000 per elementary school and $100,000 per middle and junior high school for each After School Learning and Safe Neighborhoods Partnerships Program (After School Program) site for a total amount not to exceed $3,500,000, to accept the grant if awarded, and to execute all related documents.
[Education, Neighborhoods, Youth and Seniors Committee referral 2/22/99 – Item 7d(4)]
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 25, 1999, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Shirakawa Jr., seconded by Council Member Woody and unanimously carried, the partial report of the Education, Neighborhoods, Youth, and Seniors Committee meeting of February 22, 1999 was accepted and Resolution No. 68746, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit a Grant Application in an Amount Not to Exceed $75,000 Per Elementary School and $100,000 Per Middle and Junior High School for Each After School Learning and Safe Neighborhoods Program Site for a Total Amount Not to Exceed $3.5 Million Dollars to the California Department of Education and to Execute the Grant Agreement If Awarded”, was adopted.Vote: 11-0-0-0.
9f Adoption of a resolution related to the City of San José Limited Obligation Refunding Bonds, Reassessment District No. 99-218SJ (1999 Consolidated Refunding), Bond Series 24Q:
(1) Determining to undertake summary proceedings under the 1984 Refunding Act to refund and consolidate various existing improvement districts bonds.
(2) Authorizing the Director of Finance to send Conditional Notices of Redemption for the Prior Bonds and to negotiate and execute any agreements that may be required with the Conditional Notices of Redemption.
(3) Authorizing the City Manager to negotiate and execute an agreement with E. Wagner & Associates, Inc. to serve as financial advisor in an amount not to exceed $75,000.
(4) Authorizing the City Manager to negotiate and execute an agreement with NBS Government Finance Group to serve as the reassessment consultant in an amount not to exceed $10,000.
(5) Authorizing the City Attorney to negotiate and execute an agreement with Orrick Herrington & Sutcliffe to serve as bond counsel in an amount not to exceed $100,000.
(Finance)
(Rules Committee referral 2/24/99)
Documents Filed: Memorandum from Director of Finance, John V. Guthrie, dated February 24, 1999, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Dando, seconded by Council Member Powers and unanimously carried, Resolution No. 68747, entitled: “A Resolution of the Council of the City of San José Determining to Undertake Proceedings Pursuant to the Refunding Act of 1984 for 1915 Act Improvement Bonds in Connection With the Refunding of Nine Separate Series of the City’s Limited Obligation Improvement Bonds and Limited Obligation Refunding Bonds and Appointing a Financial Advisor, Bond Counsel and Reassessment Engineer Therefor”, was adopted. Vote: 11-0-0-0.
9g Adoption of a resolution:
(1) Authorizing the Director of Housing to respond to the Valley Transportation authority’s (VTA) Offer to Sell Surplus land and commence negotiations for the acquisition of three (3) surplus VTA properties: the 5.27-acre San Carlos site on the south side of West San Carlos Street at Sunol Street; the 6-acre Tamien site on the east side of Lick Avenue at Humboldt Street; and the 1.5-acre Lick Spur site on the west side of Winfield Boulevard, south of Chynoweth Avenue.
(2) Authorizing the Director of Housing to negotiate the acquisition of privately owned properties adjacent to the West San Carlos site.
(Housing)
(Rules Committee referral 2/24/99)
Documents Filed: None.
Discussion/Action: This item was deferred to March 16, 1999.
9h Report back and acceptance of the Brown
& Caldwell, consultant, Storm Sewer Service Charge Study Report and
direction for public notice of proposed rate revisions. (Public Works)
(Deferred from 2/2/99 – Item 9a et al., and 2/23/99 – Item 9c)
Documents Filed: None.
Discussion/Action: This item was deferred to March 23, 1999.
9i Approval of an agreement with KPMG, LLP for project management of the Integrated Development Tracking System (IDTS) Project for the period February 23, 1999 to June 30, 2000, in the amount of $350,000. (Planning, Building, and Code Enforcement)
[Deferred from 2/9/99 – Item 9g(2) and 2/23/99 – Item 9d]
Documents Filed: None.
Discussion/Action: This item was deferred to March 16, 1999.
9j Approval of recommendation of Rules Committee to change their meeting time from 2:30 p.m. to 2:00 p.m.
[Rules Committee referral 2/17/99 – Item 7b(3)(c)(1)]
Documents Filed: None.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Matthews and unanimously carried, the regularly scheduled meeting of the Rules Committee, effective March 3, 1999, was changed from 2:30 p.m. to 2:00 p.m. Vote: 11-0-0-0.
11a (1) Appointment of the four resident representatives and the four representatives of the community groups to serve on the Last Resort Housing Committee for the proposed Symphony Hall project.
(2) Appointment of the three resident representatives and the four representatives of the community groups to serve on the Last Resort Housing Committee for the proposed Civic Plaza project.
(Deferred from Redevelopment Agency 2/23/98 – Item 9b)
Documents Filed: Memorandum from Executive Director, Frank M. Taylor, dated February 2, 1999, recommending the Redevelopment Agency Board appoint said representatives to serve on the Last Resort Housing Committee for the proposed Symphony Hall project and the Civic Plaza project.
Discussion/Action: This item was dropped from the Agenda of the City Council and added to Redevelopment Agency Board Agenda for March 2, 1999.
The following individuals addressed the City Council: Cathy S. Brandhorst on aviation and homelessness; Bill Chew on development of a Sports Facility Master Plan; Floyd F. Meyer on the conduct of public officials; and Ross Signorino on housing issues, the moving of City Hall to the Downtown, and the charge to the public for copies of documents. City Administration to review the fee resolution with regard to copying costs and respond to speaker.
Following Oral Communications, Council recessed at 3:05 p.m. and reconvened at 7:00 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Matthews Powers, Shirakawa Jr. (arrived at 7:05 p.m.), Woody, Gonzales
Absent: Council Member: Diaz (excused).
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: 9-0-2-0. Absent: Diaz, Shirakawa Jr.
15b PUBLIC HEARING ON APPEAL OF THE PLANNING DIRECTOR’S DECISION to approve a Tentative Map for a project located at 1195 University Avenue on a 0.44 gross acre site in the R-1 Residence District, for the subdivision of one lot into two parcels for development purposes (Thad & Elaine Leingang, Owner/Developer). CEQA: Exempt. Planning Staff recommends approval. No Planning Commission action required.
T 98-10-126 – District 6
Documents Filed: Letter from Charles Bedolla, appellant, requesting a continuation of the public hearing to March 16, 1999.
Discussion/Action: This item was continued to March 16, 1999.
15d PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Cypress Avenue, 40 feet northerly of Olsen Drive, from R-1:B-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow one single-family detached and two single-family attached residential units on 0.37 gross acre (Daryoush Marhamat, Owner/Developer).
PDC 98-09-069 – District 1
Documents Filed: None.
Discussion/Action: This item was continued to April 20, 1999.
Council Member Shirakawa Jr. returned to the meeting during discussion of Item 15a.
15a PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at The Alameda and bounded by Bush Street, Wilson Street, and West San Fernando Street, from M-1 Manufacturing Zoning District to A(PD) Planned Development Zoning District, to allow up to 248 multi-family attached dwelling units and approximately 8,000 square feet of commercial uses, and approximately 0.72 acre of public parkland on 5.06 gross acres (Vitale, Owner; Avalon Bay, Developer). CEQA: Resolution to be adopted. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (7-0-0) with conditions: 1) the project dedicate land necessary to provide its fair share of a 56-foot right-of-way on Bush Street; 2) the project satisfy its obligation under the Parkland Dedication Ordinance by participating in the acquisition, dedication, and improvement of the Planned Cahill West Neighborhood Park; and 3) the project develop a public exhibit on the history of the Western Pacific Railroad Company.
PDC 98-01-012 - District 6
(Continued from 12/15/98 – Item 15g and 1/26/99 – Item 15a)
Documents Filed: (1) Memorandum from Vice Mayor Fiscalini, dated March 2, 1999, recommending Council approve the staff recommendation with conditions specified herein. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 2, 1999, clarifying several issues raised in the letter from the Shasta Hanchett Park Neighborhood Association. (3) Memorandum from the Planning Commission, dated February 11, 1999, recommending Council adopt an ordinance approving the subject rezoning with conditions enumerated herein. (4) Public Hearing Notice to consider a change in Zoning for PDC98-01-012, dated October 29, 1998, and Proof of Publication submitted by the City Clerk. (5) Public Hearing Renotice to consider a change in Zoning for PDC98-01-012, dated February 5, 1999, and Proof of Publication submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. The following individuals spoke in support of the proposed development: Shelby Campbell, on behalf of Avalon Bay Communities, the applicant; Rob Steinberg, project architect; Laura Winter, on behalf of the Shasta Hanchett Park Neighborhood Association, expressing overall support for the project with minor variations to conform to the Midtown Specific Plan; Linda Mandolin, Director of Housing, Transportation and Land Use, Silicon Valley Manufacturing Group; Adele Poenish; Terry Feinberg, Executive Director, Tri-County Apartment Association and Housing Action Coalition; Irvin David, representing the Sierra Club; and Carl Guardino, President/CEO, Silicon Valley Manufacturing Group. John Olson, Vice President, Preservation Action Council, spoke in opposition to the proposed development. As a point of clarification, City Attorney Joan R. Gallo stated the City’s Specific Plan Program is not subject to the Government Code as cited by the speaker, but is executed in accordance with Charter Powers vested in the Council of the City of San José. Vice Mayor Fiscalini recommended approval of the Staff recommendations with conditions specified in his memorandum of March 2, 1999. He stated the developer has agreed to work with the California Trolley and Railroad Corporation to salvage the lumber and fixtures of Western Pacific Freight Depot, and that the dismantling will occur under a plan prepared by an experienced preservation professional. He reviewed the provisions for the Rights-of-Way allocations on Bush and Wilson Streets, recommended Council refer to the City Attorney for appropriate resolution the issues related to the parkland dedication fees, and read into the public record the statement of overriding considerations. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, the Planning Commission recommendation with conditions was approved; recommendations contained in Vice Mayor Fiscalini’s memorandum of March 2, 1999 were approved; appropriate resolution of the issues related to parkland dedication fees was referred to the City Attorney; Resolution No. 68748, entitled: “A Resolution of the Council of the City of San José Making Certain Findings Concerning Impacts and Mitigation Measures, in Accordance With the California Environmental Quality Act for the West Park Apartments Project For Which a Supplemental Environmental Impact Report Has Been Prepared”, was adopted; and Ordinance No. 25789, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at The Alameda and Bounded by Bush Street, Wilson Street and West San Fernando Street”, was passed for publication. Vote: 10-0-1-0. Absent: Diaz.
15c PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Umbarger Road, 100 feet westerly of Cramer Circle, from M-1 Manufacturing Zoning District to A(PD) Planned Development Zoning District, to allow for future residential development on 4.82 gross acres (Abolghasseim Khamneipur, Owner; DKB Development Co., Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (7-0-0).
PDC 98-08-060 – District 7
Documents Filed: (1) Memorandum from the Planning Commission, James R. Derryberry, Secretary, dated February 11, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-08-060, dated January 5, 1999, and Proof of Publication submitted by the City Clerk. (3) Letter from Bryan Deisenroth, CEO, Umbarger Industrial Center OA, Inc., dated March 2, 1999, conveying to the City Council the concerns of the Umbarger Industrial Center Owners Association.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Applicant Charles W. Davidson spoke in support of the proposed development. Stan Cirata, representing Umbarger Industrial Owners Association commented on the compatibility of the proposed project with that of surrounding developments. Upon motion by Council Member Shirakawa Jr., seconded by Vice Mayor Fiscalini and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25790, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the South Side of Umbarger Road, 100 Feet Westerly of Cramer Circle”, was passed for publication. Vote: 10-0-1-0. Absent: Diaz.
15e PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at northeast corner of Tillman Avenue and Sierra Avenue, from R-1 Residential Zoning District to A(PD) Planned Development Zoning District, to allow the current residential use and setbacks and future additions on 0.69 gross acre (Bernice Jones et al., Owner; Nelson Engineering, Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (7-0-0) with the added condition that any removal of street trees along the project frontage be approved through a Planned Development permit to the satisfaction of the Director of Planning, Building and Code Enforcement.
PDC 98-10-083 – District 6
Documents Filed: (1) Memorandum from the Planning Commission, James R. Derryberry, Secretary, dated February 10, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-10-083, dated January 5, 1999, and Proof of Publication submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Cathy S. Brandhorst addressed Council. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, the public hearing was closed, the Planning Commission recommendation with conditions was approved, and Ordinance No. 25791, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Northeast Corner of Tillman Avenue and Sierra Avenue”, was passed for publication. Vote: 10-0-1-0. Absent: Diaz.
Council Member Shirakawa Jr. left Council Chambers at this point in the meeting.
15f PUBLIC HEARING ON CONFORMING PREZONING of the property located at the northeast corner of Stevens Creek Boulevard and DiSalvo Avenue, from County to C-2 Commercial Zoning District, to allow future commercial development on 0.29 gross acres (Francis Clark, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 98-12-093 – District 6
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C98-12-093, dated February 11, 1999, recommending approval of the proposed prezoning. (2) Public Hearing Notice to consider a change in Zoning for C98-12-093, dated February 8, 1999, and Proof of Publication submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming prezoning of the subject property. Nathan Norberg spoke in support of the proposed development. Ronda J. Hanson commented on traffic impacts resulting from the proposed commercial development. Upon motion by Vice Mayor Fiscalini, seconded by Council Member and unanimously carried, the public hearing was closed and Ordinance No. 25792, entitled: “Ordinance of the City of San José Prezoning Certain Real Property Situated on the Northeast Corner of Stevens Creek Boulevard and DiSalvo Avenue”, was passed for publication. Vote: 9-0-2-0. Absent: Diaz, Shirakawa Jr.
Council Member Shirakawa Jr. returned to the meeting during discussion of Item 15g.
15g PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of San Fernando and Third Streets, from A(PD) Zoning District to A(PD) Zoning District, to allow 323 multi-family attached residential units and 8,706 square feet of commercial space on 2.99 gross acres (San José Redevelopment Agency, Owner; Forest City Development, Developer). CEQA: Resolution No. 64273. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
PDC 98-12-100 – District 3
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 98-12-100, dated February 11, 1999, recommending approval of the proposed rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-12-100, dated February 8, 1999, and Proof of Publication submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming planned development rezoning of the subject property. Representing Forest City Development, Greg Anderson spoke in favor of the proposed rezoning. Upon motion by Council Member Chavez, seconded by Council Member Matthews and unanimously carried, the public hearing was closed, and Ordinance No. 25793, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Northeast Corner of San Fernando and Third Streets”, was passed for publication. Vote: 10-0-1-0. Absent: Diaz.
Cathy S. Brandhorst spoke on various societal issues.
The Council of the City of San José adjourned at 7:50 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK