The Council of the City of San Jose was scheduled to convene in Closed Session at 9:30 a.m., in Room 600. Due to lack of a quorum, the Closed Session was rescheduled to immediately follow the City Council and Redevelopment Agency Board Meetings; therefore, the City Council convened in regular session at 1:35 p.m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Shirakawa, Jr.; Gonzales
Absent: Council Members: Matthews, Powers, Woody (all excused)
The Reverend Gerald Sakamoto, San José Buddhist Church Betsuin, delivered the invocation. (District 3)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr., and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
5a Presentation of plaque to Matt Kamkar for 2 years 2 months service on the Traffic Appeals Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented the plaque to Mr. Kamkar and thanked him for his contributions to the City of San José.
5b Presentation of a posthumous commendation to Mr. Ernest F. Abeytia, San José community leader for his community involvement and his outstanding efforts for justice and civil rights. (Diaz)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales and Council Member Diaz at the Podium, Pete Carrillo accepted the commendation and read into the public record “The Prayer of the Farmworkers’ Struggle” typifying his Uncle’s commitment to the people of San José.
Upon motion by Council Member Diaz, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6a(1) Regular Meeting of December 15, 1998
Documents Filed: Minutes of the regular meeting of December 15, 1998.
Discussion/Action: The Minutes were approved. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6a(2) San José Financing Authority Meeting of December 15, 1998
Documents Filed: Minutes of the San José Financing Authority meeting of December 15, 1998.
Discussion/Action: The Minutes were approved. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6a(3) Joint City Council/Redevelopment Agency Meeting of December 17, 1998
Documents Filed: Minutes of the joint meeting of December 17, 1998.
Discussion/Action: The Minutes were approved. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6b(1) ORD. NO. 25787 – Amends Section 3.48.181 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.
Documents Filed: Proof of publication of the title of Ordinance No. 25787 dated March 9, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25787 was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6b(2) ORD. NO. 25789 – Rezones certain real property situated at The Alameda and bounded by Bush Street, Wilson Street, and West San Fernando Street. PDC 98-01-012
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 16, 1999, recommending Council approve provisions contained therein to supersede the park requirement condition on the project’s General Development Plan. (2) Proof of publication of the title of Ordinance No. 25789, dated March 9, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25789 was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6b(3) ORD. NO. 25790 - Rezones certain real property situated on the south side of Umbarger Road, 100 feet westerly of Cramer Circle. PDC 98-08-060
Documents Filed: Proof of publication of the title of Ordinance No. 25790, dated March 9, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25790 was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6b(4) ORD. NO. 25791 - Rezones certain real property situated on the northeast corner of Tillman Avenue and Sierra Avenue. PDC 98-10-083
Documents Filed: Proof of publication of the title of Ordinance No. 25791, dated March 9, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25791 was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6b(5) ORD. NO. 25792 - Prezones certain real property situated on the northeast corner of Stevens Creek Boulevard and DiSalvo Avenue. C 98-12-093
Documents Filed: Proof of publication of the title of Ordinance No. 25792, dated March 9, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25792 was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6b(6) ORD. NO. 25793 - Rezones certain real property situated on the northeast corner of San Fernando and Third Streets. PD 98-12-100
Documents Filed: Proof of publication of the title of Ordinance No. 25793, dated March 9, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25793 was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6c(1) Adoption of resolutions initiating proceedings on ordinances of the City of San José and setting public hearings on April 20, 1999 at 7:00 p.m., and referring the ordinances to the Planning Commission for its recommendations and comments:
(a) Amending Chapter 20.08 of Title 20 of the San José Municipal Code to add a new section to limit the amount of paving in the front setback area for any lot situated in a R-1 Residence District.
(b) Amending Section 20.08.410 of the San José Municipal Code to make poolrooms a Conditional Use in the C-2 Commercial District.
(Planning, Building and Code Enforcement)
[Deferred from 3/2/99 – Item 6c(2)]
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated February 10, 1999, recommending Council adopt said resolutions.
Discussion/Action: William J. Garbett spoke against the proposed action; and John Messina spoke on the rights and responsibilities of property owners. Resolution No. 68749, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings to Add a New Section to Chapter 20.08 of Title 20 of the San José Municipal Code to Limit the Amount of Paving in the Front Setback Area for Any Lot Situated in a R-1 Residence District, Setting a Public Hearing for April 20, 1999 at 7:00 p.m. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendation”; and Resolution No. 68750, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings to Amend Section 20.08.410 of Chapter 20.08 of Title 20 of the San José Municipal Code to Make Poolrooms a Conditional Use in the C-2 Commercial District, Setting a Public Hearing for April 20, 1999 at 7:00 p.m. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendation”, were adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6c(2) Adoption of a resolution to consider the establishment of an Underground Utility District at the Rose Garden on Naglee Avenue, between Park Avenue and Garden Drive, and setting a public hearing on March 30, 1999 at 1:30 p.m. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 25, 1999, recommending Council adopt said resolution.
Discussion/Action: Noting a scheduling conflict, Vice Mayor Fiscalini requested that Council change the date of the public hearing from March 30, 1999 at 1:30 p.m. to April 20, 1999 at 1:30 p.m., and adopt the resolution. Resolution No. 68750.1, entitled: “A Resolution of the Council of the City of San José Setting the Time and Place for a Public Hearing to Consider the Establishment of An Underground Utility District at the Rose Garden on Naglee Avenue Between Garden Drive and Park Avenue on April 20, 1999 at 1:30 p.m.”, was adopted as amended. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6d(1) TRACT NO. 9131 – Southwest corner of Tully Road and Ruby Avenue – Hillview Partners Limited Partnership, a California Limited Partnership by: Santa Clara Development Company, a California Corporation (Developer) – 38 single family detached units. Adoption of resolutions approving the plans, final map, contract, water main extension, and approval of the Parkland Agreement for Tract No. 9131. CEQA: ND. District 8. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 25, 1999, recommending Council adopt said resolutions for Tract No. 9131.
Discussion/Action: Resolution No. 68751, 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. 9131”; Resolution No. 68752, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9131”; Resolution No. 68753, 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. 9131”; and Resolution No. 68754 entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract No. 9131”, were adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(1) 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)
[Deferred from 3/2/99 – Item 6e(4)]
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 10, 1999, recommending Council approve the first amendment to said consultant services agreement.
Discussion/Action: The continuation agreement with Dennis Church was approved and its execution authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(2) 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)
[Deferred from 3/2/99 – Item 6e(6)]
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated February 10, 1999, recommending approval of the first amendment to said continuation agreement.
Discussion/Action: Resolution No. 68755, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute a Continuation Agreement With Fleet Data Systems for an Automated Fuel and Preventative Maintenance System”, was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(3) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Santa Clara County for Parks, Recreation and Neighborhood Services to provide a Senior Nutrition Program and adoption of related appropriation ordinance and funding sources resolution amendments in the General fund in a net amount of $190,625. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, and Director of Parks, Recreation and Neighborhood Services Mark Linder, dated February 25, 1999, recommending Council adopt said resolutions and appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Resolution No. 68756, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With the County of Santa Clara For the Funding of the Senior Nutrition Program For Fiscal Year 1998-99”; Ordinance No. 25794, 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 $315,827 for an Agreement With Santa Clara County to Provide a Senior Nutrition Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 68757, 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: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(4) Approval of the continuation agreement with Mary A. Rubin for Project Manager services for the Public Art Program, extending the term of the agreement by six (6) months, from January 1, 1999 to June 30, 1999, and increasing the compensation by $38,324, from $34,750 to $73,074.
(Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Acting Director of Conventions, Arts and Entertainment, James McBride, dated February 25, 1999, recommending Council approve said continuation agreement.
Discussion/Action: The continuation agreement with Mary A. Rubin was approved and its execution authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(5) Approval of a fifth amendment to the consultant agreement with Richard Gertman for assistance in the development of a demolition debris recycling program and other waste management programs for the Environmental Services Department (ESD), extending the term of the agreement by one (1) year, from June 30, 1999 to June 30, 2000, and increasing the compensation by $50,000, from $50,000 to $100,000. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 25, 1999, recommending Council approve the Fifth Amendment to said consultant services agreement.
Discussion/Action: The Fifth Amendment to the consultant services agreement with Richard Gertman was approved and its execution authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(6) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 22, 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 18, 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. 22 for FY 1998-99 was approved and execution of the purchase orders authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(7) Approval of a first amendment to the agreement with Joan Frye Williams for her assistance with planning for the Library’s technology needs, expanding the scope of services, extending the term of the agreement by 4 months, from June 30, 1999 to October 31, 1999, and increasing the total compensation by $37,200, from $20,000 to $57,200. (Library)
Documents Filed: Memorandum from City Librarian, Jane Light, dated February 25, 1999, recommending Council approve the amendment to said consultant services agreement.
Discussion/Action: The first amendment to the agreement with Joan Frye Williams was approved and its execution authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(8) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Nancy Smith for consultant services in the implementation and development of the Quality Enhancement Project for the Youth Employment Services Program for the period, January 1, 1999 to May 31, 2000, in an amount not to exceed $60,000. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 25, 1999, recommending Council adopt said resolution.
Discussion/Action: Cathy S. Brandhorst spoke on the proposed action. Resolution No. 68758, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Consultant Agreement With Nancy Smith in an Amount Not to Exceed $60,000”, was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(9) Approval of a continuation agreement with Albion Environmental, Inc. to develop the technical elements required to prepare a Burrowing Owl Habitat Conservation Strategy, extending the term of the agreement by five (5) months, from January 29, 1999 to June 30, 1999 and increasing the compensation by $5,000, from $90,300 to $95,300. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated February 25, 1999, recommending Council approve said continuation agreement.
Discussion/Action: The continuation agreement with Albion Environmental, Inc. was approved and its execution authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6e(10) Approval of a 36-month sublease with 777 Associates for 1,146 usable square feet of office space located on the third floor of their building at 777 North First Street for the Environmental Services Department, at a rental rate of $2.15 per square foot ($2,463.90/month) for the 1st year increasing to $2.25 per square foot ($2,578.50/month) for the 2nd year, and $2.35 per square foot ($2,693.10/month) for the 3rd year, with tenant improvement costs in an amount not to exceed $43,000. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 25, 1999, recommending Council approve said sublease.
Discussion/Action: The 36-month sublease with 777 Associates was approved and execution of related documents authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6f(1) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund with a net impact to the fund in the amount of $435,443. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: This item was deferred to March 23, 1999.
6f(2) Adoption of appropriation ordinance and funding sources resolution amendments in the Supplemental Law Enforcement Services Fund for use of $2,016,402 in State Supplemental Law Enforcement Funds pursuant to AB 3229. (City Manager’s Office/Police)
Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, and Chief of Police William M. Lansdowne, dated February 25, 1999, recommending Council approve amendments to the appropriation ordinance and funding sources resolution in the Supplemental Law Enforcement Services Fund identified therein.
Discussion/Action: Ordinance No. 25795, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Supplemental Law Enforcement Services Fund for Use of $2,016,402 in State Supplemental Law Enforcement Funds Pursuant to AB 3229; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 68759, 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 Supplemental Law Enforcement Services Fund”, were adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6f(3) Adoption of a resolution authorizing the City Manager to submit an application for a one (1) year grant from the Packard Foundation for the Family Care Small Business Assistance (FCSBA) Program for the period July 1, 1999 to June 30, 2000, in an amount not to exceed $225,000, to accept the grant if awarded, and to execute all related documents. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 25, 1999, Council adopts said resolution.
Discussion/Action: Resolution No. 68760, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit a Grant Application to the Packard Foundation for the Family Care Small Business Assistance Program for the Period of July 1, 1999 to June 30, 2000 and to Authorize the City Manager to Accept the Grant, If Awarded”, was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
6f(4) Approval of the following appointments to the San Jose Beautiful Steering Committee:
(a) Diane Gard, Jon Hellesoe, Ann Smith, and Charles Strauss to two (2) two-year terms effective January 1999.
(b) Reappointment of current Steering Committee members Ben Andrews, Jim Ekblom, and Rebecca Elliot to two (2) two-year terms effective January 1999.
(c) Acknowledgement of the conscientious efforts of outgoing Steering Committee members Darlene Ardiuini, Julie Haas-Wajdowicz, Marcia Harman, and Doris Liu.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 25, 1999, recommending Council approve said appointments to San José Beautiful Steering Committee membership.
Discussion/Action: The appointments to the San José Beautiful Steering Committee were approved and the work of the Steering Committee members acknowledged. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
7a Report of the Committee of the Whole – Meeting of February 11, 1999
Documents Filed: Committee of the Whole Report of February 11, 1999.
(1) FY 1998-99 Mid-Year Budget Review. Attachments: (1) Memorandum from Mayor Gonzales, dated February 4, 1999, recommending Council (a) approve the Acting City Manager’s proposed Mid-Year Budget with augmentations, (b) direct the Acting City Manager to work with the Mayor’s Budget Office to develop a policy regarding the one-time funding of expenditures that occur in multiple consecutive years, in time for consideration in the 1999-2000 budget; and (c) direct the Acting City Manager to schedule specific time within an upcoming Committee of the Whole to have a thorough presentation and discussion of the current Performance Based Budgeting process. (3) Memorandum from Chief of Police William M. Lansdowne, dated February 10, 1999, responding to a request regarding the Police Department’s graffiti enforcement efforts. (4) Bound volumes of the Mid-Year Operating and Capital Budgets Reviews for 1998-99, submitted by the Office of the City Manager, dated February 1999.
The Committee unanimously approved the direction in the Mayor’s Budget Memorandum and the Administration’s recommendations for the FY 1998-99 Mid-Year Operating and Capital Budget Reports.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member LeZotte and unanimously carried, the Committee of Whole Report and actions of February 11, 1999 were accepted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
7b Report of the Rules/Agency Rules Committee - Meeting of February 24, 1999
Documents Filed: Report of the Rules/Agency Rules Committee Report of February 24, 1999.
(1) City Council Agenda
(a) Review March 9, 1999 Agenda
This item was dropped. – Meeting Canceled
(b) Add New Items to March 2 1999 Amended Agenda
The Committee recommended ten additions to the March 2, 1999 Council Agenda.
(2) Redevelopment Agency Agenda
(a) Review March 9, 1999 Agenda
This item was dropped. – Meeting Canceled
(b) Add New Items to March 2, 1999 Amended Agenda
The Committee recommended one addition and one change to the March 2, 1999 Redevelopment Agency Agenda.
(3) Meeting Schedules
(a) City Council/Redevelopment Agency
(1) Discussion to consider the July recess
The Committee deferred this item to the March 3, 1999 Rules Committee meeting.
(b) Rules/Agency Rules Committee
No meeting schedule changes.
(4) The Public Record
No Public Record filed.
(5) Report back on request for analysis and recommendation for a wood-burning ordinance. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 17, 1999, responding to Committee direction for preparation of an analysis and recommendation for an appropriate wood-burning ordinance for San José.
The Committee accepted the report and directed the Environmental Services Department to provide an analysis and recommendation to the Transportation and Environment Committee as soon as possible for an appropriate woodburning ordinance for San José.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None presented.
(7) Oral communications
None presented.
(8) Adjournment
The meeting was adjourned at 2:35 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the Rules/Agency Rules Committee Report and actions of February 24, 1999 were accepted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
7b Report of the Rules/Agency Rules Committee - Meeting of March 3, 1999
Documents Filed: Rules/Agency Rules Committee Report of March 3, 1999.
(1) City Council Agenda
(a) Review March 16, 1999 Agenda
The Committee approved the March 16, 1999 Council Agenda with one addition and one change.
(b) Add New Items to March 9, 1999 Amended Agenda
This item was dropped. – Meeting Canceled
(2) Redevelopment Agency Agenda
(a) Review March 16, 1999 Agenda
The Committee approved the addition of two items to the March 16, 1999 Joint City Council/Redevelopment Agency Agenda.
(b) Add New Items to March 9, 1999 Amended Agenda
This item was dropped. – Meeting Canceled
(3) Meeting Schedules. Attachment: Memorandum from Mayor Gonzales, dated March 1, 1999, recommending approval of the calendar modifications for FY 1999-00 City and Redevelopment Agency Budget Review Hearings.
(a) City Council/Redevelopment Agency
(1) Discussion to consider the July recess
The Committee continued the discussion of the July recess to March 10, 1999 Rules Committee meeting, and recommended approval of the City and Redevelopment Agency budget calendars with the addition of a Finance Committee meeting on March 31, 1999 to review Council Appointee budgets.
(b) Rules/Agency Rules Committee
No meeting schedule changes.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated February 25, 1999, listing the items filed for the Public Record for the period February 10-23, 1999.
The Committee noted and filed the Public Record for the period February 10-23, 1999.
(5) Report back on issue of home occupations in R-1 zoning districts. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 2, 1999, responding to Council direction to study building codes for criteria governing home occupations and garage conversions in R-1 Zoning Districts.
The Committee accepted the report, noting that on March 16, 1999 the City Council will consider the initiation of an ordinance to limit paving of front setback areas; and directed the Administration to provide to Council within thirty days a status report on the Zoning Code Update process.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(a) Request for revitalization project at Phelan and Courtney Avenues. Attachment: Memorandum from Council Member Shirakawa, Jr., dated February 23, 1999, recommending referring to the Housing Department the issue about a vacant City-owned parcel at the corner of Phelan and Courtney Avenues and the use of 10% set-aside funds to finance a private developer’s acquisition and development of a property with a for sale, single-family house.
The Committee approved Council Member Shirakawa, Jr.’s recommendation for a revitalization project at the corner of Phelan and Courtney Avenues and directed the Administration to return to the Rules Committee on March 17, 1999 with an assessment of the time and resources involved to complete the request.
(7) Oral communications
None presented
(8) Adjournment
The meeting was adjourned at 2:20 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the Rules/Agency Rules Committee Report and actions of March 3, 1999 accepted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
7c Report of the Finance and Technology Committee – Meeting of February 24, 1999
Documents Filed: Finance and Technology Committee Report of February 24, 1999.
(1) Monthly Financial Statement for January 1999
(2) Capital Cost Report for January 1999
(3) Cash Flow Forecast
Items 1-3 to be considered by the Redevelopment Agency Board.
(4) January Monthly Report. Attachment: Letter from City Auditor, Gerald A. Silva, dated February 19, 1999, submitting a written report of The Office of the City Auditor’s activities for the month of January through February 15, 1999 and schedule of audit costs for January.
The Committee accepted the report.
(5) Semi-Annual Recommendation Follow-up Ending December 31, 1998. Attachment: Letter from City Auditor, Gerald A. Silva, dated February 18, 1999, transmitting the semi-annual follow-up report on all outstanding audit recommendations for the six months ended December 31, 1998.
The Committee accepted the report.
(6) Business Tax Amnesty Program Report. Attachment: Letter from City Auditor, Gerald A. Silva, dated February 17, 1999, recommending the Committee accept the report on the results of the recently completed Business Tax Amnesty Program.
The Committee accepted the Staff report with the direction that a possible parking and traffic amnesty program be reviewed and that the possibility of shortening the time between the Business Tax Amnesty Program periods be reviewed in five years.
(7) Business Tax Grace Period for New Businesses. Attachment: Letter from City Auditor, Gerald A. Silva, dated February 17, 1999, recommending Council direct the City Attorney to draft an amendment to the City of San José’s business tax ordinance to establish a grace period giving new business owners 30 days from the start of business to pay the business tax before penalties and interest are assessed.
The Committee accepted the report.
(8) Capital Projects Report for FY 1997-98. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 17, 1999, transmitting the Capital Projects Report of February 1999 and recommending its acceptance.
The Committee accepted the reports
(9) Oral petitions
None presented.
(10) Adjournment
The meeting was adjourned at 11:45 a.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Fiscalini and unanimously carried, the Finance and Technology Committee Report and actions of February 24, 1999 were accepted with Items 1-3 forwarded to the Redevelopment Agency Board for consideration. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
7d Report of the Economic and Community Development Committee – Meeting of March 1, 1999
Documents Filed: Economic and Community Development Committee Report of March 1, 1999.
(1) San José Convention Center Dance Concert Policy.
The Committee accepted the oral report and recommended the release of the five 1999 dance concert dates under the current interim policy to provide staff with the time to develop a final policy.
(2) Quarterly Report on the Public Art Workplan. Attachment: Memorandum from Acting Director of Conventions, Arts and Entertainment, James McBride, dated February 19, 1999, recommending acceptance of the status report on the Public Art Program.
The Committee accepted the report with direction to Staff to return to the Committee in June 1999 with recommendations from the Redevelopment Agency regarding the Fallon Statue.
(3) Riparian Corridor Policy Study Status Report.
The Committee accepted the status report and recommendation and directed Staff to work with the City Attorney’s Office to review the possibility of changing the Riparian Corridor Policy to an ordinance and to return to Committee in June 1999 with recommendations including a response to the request to change the setback from 25 to 30 feet.
(4) Oral petitions
None presented.
(5) Adjournment
The meeting was adjourned at 3:22 p.m.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, the Economic and Community Development Committee Report and actions of March 1, 1999 were accepted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
7e Report of the Transportation and Environment Committee - Meeting of February 25, 1999
Documents Filed: Transportation and Environment Committee Report of February 25, 1999
(1) Consent Calendar. Attachments: (1) Memorandum from Fire Chief, Robert L. Dorman, dated February 11, 1999, recommending approval of the Fire Department’s Hazardous Materials Program Semi-annual Report for the period July 1, 1998 through December 31, 1998. (2) Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 11, 1999, recommending approval of the Fourth Quarter 1998 Status Report for the South Bay Water Recycling.
(a) Hazardous Materials Program Semi-Annual Report
The Committee recommended approval of the annual report.
(2) (a) Report and Presentations on the 1998 Clean Bay Strategy
(b) Quarterly Status Report for South Bay Water Recycling
The Committee recommended to Council on February 23, 1999 acceptance of the 1998 Clean Bay Strategy report and continued further discussion of the issue to the February 25, 1999 Committee meeting. The Committee recommended approval of the status report for South Bay Water Recycling and directed Staff to schedule joint meetings with Water District Subcommittees to consider other Clean Bay and Water recycling strategies.
(3) Final Report for School Walking Route Study. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 11, 1999, transmitting the Final Walking Route to School Development Program Report, dated February 5, 1999, and recommending its acceptance.
The Committee recommended acceptance of the report.
(4) Oral petitions
None presented.
(5) Adjournment
The meeting was adjourned at 3:30 p.m.
Discussion/Action: Upon motion by Council Member LeZotte, seconded by Vice Mayor Fiscalini and unanimously carried, the Transportation and Environment Committee Report and actions of February 25, 1999 were accepted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
7e Report of the Transportation and Environment Committee - Meeting of March 11, 1999 (Partial)
Documents Filed: Transportation and Environment Committee Report of March 11, 1999 (Partial).
(5) Report and Recommendations on Regional Transportation Priorities. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 3, 1999, recommending approval of specific regional transportation funding priorities and strategies.
The Committee recommended approval of the Staff report and recommendations.
(6) Report and Recommendation on Resolution Supporting Prohibition of MTBE Use in Motor Vehicle Fuels. Attachments: (1) Memorandum from Council Members Dando and LeZotte, dated March 2, 1999, recommending the adoption of a resolution be referred to Council for support of a prohibition on the use of MTBE as an additive to motor vehicle fuels, and requesting the T&E Committee submit its recommendation to Council on the proposed resolution. (2) Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 10, 1999, recommending adoption of the proposed resolution supporting prohibition on the use of MTBE as an additive to motor vehicle fuels, and supporting legislation which requires monitoring for MTBE in vulnerable groundwater areas and calls for the continued protection of existing air quality.
The Committee recommended approval of the resolution proposed by Members Dando and LeZotte with direction to Staff to analyze the bills pending before the State legislature and to bring that analysis back to Committee for discussion and possible support of the most appropriate bill.
Discussion/Action: See Item 9e for Council action taken.
Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Dando and unanimously carried, the Transportation and Environment Committee Report and actions regarding Item 7e(5) of March 11, 1999 were accepted with Item 7e(6) acted upon at Item 9e. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
7f Education, Neighborhoods, Youth, and Seniors Committee – Meeting of February 22, 1999
Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of February 22, 1999.
(1) Library Branch Facilities Master Plan. Attachment: Memorandum from City Librarian, Jane Light, dated February 10, 1999, summarizing key events and dates for the process and findings and development strategies for existing branch libraries as well as new facilities needed to reach the service goals identified for 2020.
The Committee recommended acceptance of the status report.
(2) Truancy Abatement Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, and Chief of Police William M. Lansdowne, dated February 11, 1999, recommending approval of the use and appropriation of $75,000 in reserve funding for the purpose of studying the feasibility of relocating the existing Truancy Abatement Burglary Suppression (TABS) Center to the Police Athletic League (PAL) Facility and/or expanding the existing TABS Program on a one-year pilot project.
The Committee recommended acceptance of the report.
Discussion/Action: See item 9k for Council action taken.
(3) City/Schools Collaborative Update. Attachments: (1) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 10, 1999, recommending acceptance of the San José Schools/City Collaborative status report. (2) Document entitled Partnerships With Schools Citywide – Matrix of Programs & Projects by Department.
The Committee recommended acceptance of the status report.
(4) Recommend Approval of After-School Grant Application.
This item was heard by the City Council on March 2, 1999.
(5) Open Space Authority Funding Recommendation. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 9, 1999, recommending acceptance of Staff’s recommendation to [1] request the Open Space Authority to extend the deadline to June 30, 1999 for the City’s application for projects to be funded from San José’s share of the 20% funding; and [2] request that the Parks and Recreation Commission, in consultation with the Planning Commission (a) review the City’s 1995 recommended priorities for the OSA acquisition program and Mayor Hammer’s recommendations for the use of OSA funds in her 1998 budget messages, and return to ENYS Committee in May of 1999 with recommendations on current priorities for the OSA’s overall acquisition program including both 20% and 80% funds; (b) develop an interim process for selecting projects to be submitted to the OSA for the City’s share of 20% funding including criteria, priorities and a public input process, and return to ENYS Committee with a report in May of 1999; and (c) develop a comprehensive funding plan as part of the currently underway Parks and Community Facilities and Programs Strategic Planning process that will position the City to maximize parks, recreation, and open space funding likely to be available in the next 10-20 years.
The Committee recommended acceptance of the report.
(6) Aquatics Report. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 8, 1999, recommending approval of the 1998 Summary Aquatics Program report.
The Committee recommended acceptance of the report.
(7) Youth Commission Monthly Report. Attachment: Memorandum from Youth Commission Chairperson Eric Coté, dated February 10, 1999, submitting the Youth Commission monthly activities report.
The Committee recommended acceptance of the report.
(8) Approval of the Education, Neighborhoods, Youth and Seniors Revised Workplan for February through June 1999. Attachment: Revised Draft Committee Workplan, dated January 21, 1999.
The Committee recommended approval of the revised Workplan.
(9) Oral petitions
William J. Garbett expressed his opinion on the public library issue.
(10) Adjournment
The meeting was adjourned at 3:45 p.m..
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, the Education, Neighborhoods, Youth, and Seniors Committee Report and actions of February 22, 1999 accepted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
9a 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)
(Deferred from 3/2/99 – Item 9g)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated February 24, 1999, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, Resolution No. 68761, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Housing to 1) Respond to the Offer of the Valley Transportation Authority to Sell Three Surplus Property Sites and Commence Negotiations on Those Sites and 2) to Commence Negotiations to Acquire Adjacent Private Properties”, was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
9b 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) et al., and 3/2/99 – Item 9i]
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 21, 1999, recommending Council approve said agreement with KPMG LLP.
Discussion/Action: This item was dropped.
9c Adoption of a resolution authorizing the City Manager to execute a first amendment to the agreement with the Santa Clara Valley Transportation Authority (VTA) for airport bus service, extending the term of the agreement by 15 months, from April 4, 1999 to June 30, 2000, in an amount not to exceed $1,500,000. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated February 25, 1999, recommending Council approve the first amendment to the agreement for airport bus service with the Santa Clara Valley Transportation Authority.
Discussion/Action: William J. Garbett spoke against and Cathy S. Brandhorst spoke on the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, Resolution No. 68762, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a First Amendment to An Agreement With the Santa Clara County Transit District for the Provision of Airport Bus Service Extending the Term of the Agreement From April 4, 1999 to June 30, 2000, in an Amount Not to Exceed $1,500,000”, was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
9d Public Hearing and approval of a resolution to implement the 1998-00 Federal Local Law Enforcement Block Grant Program, authorizing the City Manager to accept the grant and to execute all documents associated with the Program, and adoption of appropriation ordinance and funding sources resolution amendments in the General Fund for the use of $1,269,983 in Block Grant funds.
(City Manager’s Office/Police)
Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, and Chief of Police William M. Lansdowne, dated February 25, 1999, recommending Council approve the implementation of the 1998-00 Federal Local Law Enforcement Block Grant Program and adopt said resolution and approve amendments to the appropriation ordinance and funding source resolution in the General Fund.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Dando and unanimously carried, Resolution No. 68763, entitled: “A Resolution of the Council of the City of San José Implementing the 1998-2000 Federal Local Law Enforcement Block Grant Program and Authorizing the City Manager to Accept the Grant and to Execute All Documents Associated With the Program”; Ordinance No. 25796, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the General Fund in the Amount of $1,411,092 for the Implementation of the 1998-00 Federal Local Law Enforcement Block Grant Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 68764, 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: 8-0-3-0. Absent: Matthews, Powers, Woody.
9e Adoption of a resolution in support of a prohibition on the use of MTBE as an additive to motor vehicle fuels.
[Transportation and Environment Committee referral – 3/11/99 – Item 7e(6)]
Documents Filed: (1) Memorandum from Council Members Dando and LeZotte, dated March 10, 1999, recommending Council adopt said resolution. (2) Memorandum from Council Members Dando and LeZotte, dated March 2, 1999, recommending Council (a) refer to the Transportation and Environment Committee meeting of March 11, 1999 the adoption of a resolution in support of a prohibition on the use of MTBE as an additive to motor vehicle fuels, and (b) request that the Transportation and Environment Committee submit its recommendation on the resolution to the City Council on March 16, 1999.
Discussion/Action: The following individuals spoke in support of a prohibition on the use of MTBE: George Hawley, Bay Area Chapter BBAE & CUB; Charlie Peters, representing Clean Air Performance Professionals (CAPP); and Bob Gross, Director Santa Clara Valley Water District. Mayor Gonzales asked the City Clerk to forward to the Governor’s Office the position of the City Council on the use of MTBE. Upon motion by Council Member Dando, seconded by Council Member LeZotte and unanimously carried, the Transportation and Environment Committee Report and actions related to Item 7e(6) of the March 11, 1999 Committee meeting were accepted; Resolution No. 68765, entitled: “Resolution of the Council of the City of San José Requesting the Governor and the Legislature to Prohibit the Use of Methyl Tertiary-Butyl Ether in Gasoline”, was adopted; and the City Clerk directed to fax the resolution to the Governor’s Office prior to the March 17, 1999 public comment deadline. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
9f Adoption of a resolution authorizing the Director of General Services to:
(1) Negotiate and execute an agreement with Ascom Trindel Corporation for the purchase and installation of system upgrading to the computerized parking control system in the parking garages and lots at San José International Airport (SJIA), including tax, in the amount of $2,965,397.25.
(2) Execute change orders to the agreement, as necessary, in an amount not to exceed $40,000.
(General Services)
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated March 9, 1999, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member LeZotte and unanimously carried, Resolution No. 68766, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Agreement With Ascom Trindel Corporation for the Purchase and Installation of Upgrades to the Airport Parking Revenue Control System”, was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
9g Adoption of a resolution authorizing the Director of General Services to:
(1) Increase the dollar amount for the purchase of IBM compatible microcomputer hardware, software, and peripherals with Inacom, Inc. and/or Computerland of Almaden in an amount not to exceed $700,000, thereby increasing the combined total contract amount for both companies from $7,500,000 to $8,200,000.
(2) Amend either agreement, as required, to purchase more or less from either vendor within the $8,200,000 total annual cost; and to extend either or both agreements for two (2) months from February 28, 1999 to April 30, 1999.
(General Services)
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated February 25, 1999, recommending Council adopt said resolution.
Discussion/Action: Cathy S. Brandhorst spoke on and William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, Resolution No. 68767, entitled: “A Resolution of the Council of the City of San José Increasing the authority of the Director of General Services to Make Purchases From Inacom and Computerland of Almaden to Eight Million Two Hundred Thousand Dollars ($8,200,000) For the Remainder of Term”, was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
9h Report on bids and award of contract for the Seeley Avenue/North First Street Sanitary Sewer Rehabilitation Project to the low bidder, J. W. Ebert Corporation, in the amount of $377,188, and approval of a contingency in the amount of $38,000. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 25, 1999, recommending Council accept the report on bids and award said contract to the low bidder, J.W. Ebert Corporation.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the report on bids was accepted, award of contract to J.W. Ebert Corporation, the low bidder, approved and execution of the contract authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
9i Acceptance of a report on bids, relieve the low bidder, Sposeto Engineering, Inc., of its bid without forfeiture of its bid bond due to a clerical error, and award of contract for the construction of the East Santa Clara Street Sidewalk Improvements, Phase 2 (rebid) Project, to the second low bidder, Golden Bay Construction, Inc., in the amount of $705,790, and a contingency in the amount of $70,000. CEQA: ND. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 25, 1999, recommending Council accept the report on bids, relieve the low bidder of its bid without forfeiture of its bid bond and award said contract to the second low bidder, Golden Bay Construction, Inc.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the report on bids was accepted, the low bidder was relieved of its bid without forfeiture of the bidder’s bond; award of the contract to Golden Bay Construction, Inc., the second low bidder was approved and execution of the contract authorized. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
9k Adoption of appropriation ordinance amendments in the General Fund to reallocate the Truancy Reserve in the amount of $75,000 to the Police Department for a study to relocated the existing Truancy Abatement Burglary Suppression (TABS) Center. (City Manager’s Office)
[Education, Neighborhoods, Youth and Seniors Committee referral 2/22/99 – Item 7f(2)]
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated March 4, 1999, recommending Council approve said appropriation ordinance amendments in the General Fund.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr. and unanimously carried, Ordinance No. 25797, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 Which Appropriates Moneys in the General Fund in the Amount of $75,000, to Reallocate the Existing Truancy Reserve to the Police Department to Study the Relocation of the Existing Truancy Abatement Burglary Suppression Center; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody.
The Redevelopment Agency Board convened at 2:25 p.m. to consider Item 11a in a joint session with the City Council.
11a (1) Agency actions regarding the Adopted FY 1998-99 Capital Budget for the Julian-Stockton and Merged Redevelopment Project Area and the Neighborhood Business Districts.
(a) Adoption of a resolution approving adjustments to the Agency’s FY 1998-99 Capital Budget; and
(b) Adoption of a resolution amending the Agency FY 1998-99 appropriation resolution; and
(c) Adoption of a resolution amending the FY 1999-04 Capital Improvement Program (CIP)
(2) Adoption of resolutions by the City Council and Agency Board authorizing the Executive Director to negotiate and execute predevelopment agreements with property owners of buildings in Redevelopment Areas which are not in compliance with the Seismic Code Ordinance, providing for seismic retrofit assistance for added buildings and relocation assistance to tenants, in an amount up to $2,800,000, and amending the compliance program for the City Earthquake Hazard Reduction and Fees Exemption Ordinance and amending the URM Program to include certain additional properties within Redevelopment Areas in the URM Program. CEQA: Exempt.
(Redevelopment Agency/City Manager’s Office)
Documents Filed: (1) Memorandum from Executive Director, Frank M. Taylor, dated March 3, 1999, recommending the Redevelopment Agency Board and the City Council adopt said resolutions. (2) Memorandum from Acting City Manager Debra J. Figone, and Executive Director Frank M. Taylor, dated March 2, 1999, recommending the Redevelopment Agency Board and the City Council adopt said resolutions.
Discussion/Action: Referencing the Staff report, Council Member LeZotte noted 124 of the 147 occupied URM buildings have been seismically retrofitted and that the remaining 23 URM buildings are occupied by 33 businesses and 5 residences. She queried Staff on the number of property owners that have received assistance from the Agency and the programs through which that assistance was provided, and by entering into predevelopment agreements with the City, whether property owners are assured financial commitment on behalf of the City to fund retrofits. Redevelopment Agency Director of Program Development, David Gazek stated some of the properties have qualified for assistance through the City’s Unreinforced Masonry Program, the Tenant Relocation Program, and through the Façade Improvement Program; however, the action before Council/Board today is not for approval to retrofit buildings, but to enter into predevelopment agreements with the owners of the few buildings remaining to be retrofitted. He stated Council/Board approval would provide relocation assistance to tenants of those buildings that are not URM compliant; once the tenants are removed from the premises, then the vacant buildings are considered “in compliance” and discussions between the Agency and property owners can focus on potential retrofitting or demolition of the buildings. He stated discussions between the Agency and property owners does not imply the Agency will agree to provide further financial assistance beyond the relocation assistance, but that the predevelopment agreement will provide for discussion of potential retrofitting or demolition of the vacant buildings, depending upon the condition of the buildings. As each project is negotiated with the property owners to the extent the basic URM grant formula allows, and as part of the Retail Implementation Strategy, he stated Staff anticipates returning to the Council/Board with Owner Participation Agreements for each building that requires seismic retrofit assistance above and beyond the basic URM Program grant formula. With the understanding that Agency Staff is continuing to develop the retail strategy in the downtown, Council Member Dando expressed optimism that existing tenants will have every opportunity to move back into the buildings after retrofitting. In response to concerns expressed by Vice Mayor Fiscalini and Council Member Dando regarding equitable application and disbursement of Unreinforced Masonry Program benefits, City Attorney, Joan R. Gallo stated that under the State Legislature enacted Program and based on extensions provided in the Program by Council since 1991, property owners of non-compliant buildings are required by code compliance orders to either retrofit the building, or vacate the building, or demolish the building. She stated the Program and subsequent amendments have been structured to allow building owners to petition the City for assistance, and that part of the original agreement includes a First Rider Refusal Clause. She explained the urgency involved in immediate relocation of the tenants, noted potential negative impacts to property owners during the process, and stated continued dialogue is mandatory between the Agency, Code Enforcement and representatives of the Downtown Association to minimize those impacts. In an attempt to clarify the action recommended by Staff, Council Member Chavez stated the proposed actions have been separated into two components – relocation assistance and the negotiation and execution of predevelopment agreements with property owners of buildings for seismic code ordinance compliance. Noting her primary concern for the small business owners, she spoke in support of the proposed action that intends to preserve the ability of those businesses to continue operating within the downtown, if possible, or assists them in relocating to another area. The following individuals spoke in support of the proposed agreement: Thwan Nguyen, Vietnamese-American Chamber of Commerce; Christine Vo; Doan Mai, assisted by interpreter H. G. Nguyen; Attorney Van H. Tran, Downtown Vietnamese Business Owners Association; and Jesus R. Flores. William J. Garbett spoke against the proposed actions. Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, Redevelopment Agency Board Resolution No. 4646, approving a budget adjustment to the FY 1998-99 Capital Budget”; Redevelopment Agency Board Resolution No. 4647, approving the eighth amendment to the annual appropriation resolution for FY 1998-99; Resolution No. 68768, entitled: “Resolution of the Council of the City of San José Amending the Compliance Program for the City Earthquake Hazard Reduction and Fees Exception Ordinance”; Redevelopment Agency Board Resolution 4648 approving an amendment to the FY 1999-04 Capital Improvement Program; and Redevelopment Agency Board Resolution No. 4649 authorizing the Executive Director to negotiate and execute predevelopment agreements with property owners of buildings in redevelopment areas which are not in compliance with the Seismic Code Ordinance; providing for seismic retrofit assistance for added buildings and relocation assistance to tenants, and amending the Unreinforced Masonry Program to include certain additional properties within redevelopment areas in the URM Programs, were adopted; the report on the status of the URM Program was accepted; Staff recommendation was approved with added emphasis to Staff that the first priority is to attempt to relocate the affected businesses within the downtown; and directed Staff to involve Council Offices in the process as it relates to property owners. Vote: 8-0-3-0. Absent: Matthews, Powers, Woody
The Redevelopment Agency Board adjourned at 3:05 p.m.
(1) Ross Signorino spoke on the relocation of City Hall and the noticing of public hearings in accordance with the Brown Act.
(2) Cathy S. Brandhorst spoke on the eradication of graffiti in the City of San José.
(3) Floyd Meyer spoke on City services.
Following Oral Communications and upon motion unanimously adopted, the City Council recessed to Closed Session at 3:37 p.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 Goulden vs. City of San José, et al.; and City of San José vs. Finnigan Properties; (B) confer with real property designated representatives Darrell Dearborn for the City of San José and Emma Rock, Tax Collector, for the County of Santa Clara, pursuant to Government Code Section 54956.8, which direction will concern price and terms of payment for the property of Lorentz Barrel and Drum, APN 477-09-037; and (C) to confer with Legal Counsel regarding anticipated litigation in two matters pertaining to the initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code;
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Shirakawa, Jr.; Gonzales
Absent: Council Members: Diaz, Matthews, Powers, Woody
By unanimous consent, Council reconvened from Closed Session, recessed at 4:07 p.m., and reconvened at 7:00 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, Matthews, Shirakawa, Jr.; Gonzales
Absent: Council Members: LeZotte, Powers, Woody.
5c Presentation of a commendation to the Roller Gators Hockey Team for winning 3rd place in the NHL Breakout 1998 World Championships in Tampa, Florida. (Shirakawa, Jr.)
Documents Filed: None.
Discussion/Action: This item heard in the evening. Joined by Mayor Gonzales at the Podium, Council Member Shirakawa, Jr. presented the commendation to Coach Albert Juarez, introduced Team Mom Rose Juarez, and acknowledged team members from Yerba Buena High School, Silver Creek High School, and Stonegate School for their outstanding athletic accomplishments: Alberto Juarez, Bryan Parden, Michael Pereria, Adam Barrett, Emanuel Cardenas, Bud Parden, Daniel Juarez, Marcos Flores, and Bao Ngo.
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 Shirakawa, Jr. and unanimously carried, the below noted continuances and other actions were granted. Vote: 8-0-3-0. Absent: LeZotte, Powers, Woody
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 and 2/16/99 – Item 15a)
Documents Filed: None.
Discussion/Action: This item was continued to April 6, 1999.
15d 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 et al., and 2/16/99 – Item 15e)
Documents Filed: None.
Discussion/Action: This item was continued to April 20, 1999.
15f PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the south side of the easterly terminus of Fowler Road, from A(PD) Zoning District to A(PD) Zoning District, to allow approximately 1.5 million square feet of campus industrial uses on 112 gross acres (Ta-Cheng Wang, Owner/Developer).
PDC 98-05-035 – District 8
Documents Filed: None.
Discussion/Action: This item was continued to April 6, 1999.
15g PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northerly terminus of Sanchez Drive on the south side of Route 85, from C-3 Commercial Zoning District to A(PD) Planned Development Zoning District, to allow a 27-unit condominium complex on 1.325 gross acres (CalTrans, Owner; Cielo Gardens, LLC, Developer). CEQA: Negative Declaration.
PDC 98-09-070 – District 9
Documents Filed: None.
Discussion/Action: This item was continued to April 6, 1999.
15h PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at southeast corner of South Fifth Street and Martha Street, from M-1 Manufacturing Zoning District to A(PD) Planned Development Zoning District, to allow up to 212 multi-family attached dwelling units on 4.82 gross acres (Barbaccia, Owner; JSM Enterprises, Developer). CEQA: Negative Declaration.
PDC 98-10-078 – District 3
Documents Filed: None.
Discussion/Action: This item was continued to April 6, 1999.
15i PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at southeast corner of Sierra and Piedmont Roads, from A-Agricultural Zoning District to A(PD) Planned Development Zoning District, to allow 96 affordable senior apartments on 1.76 gross acres (Louis and Irene Lemos, Owner; JSM Enterprises, Inc., Developer). CEQA: Negative Declaration.
PDC 98-11-092 – District 4
Documents Filed: None.
Discussion/Action: This item was continued to April 6, 1999.
The City Council joined Mayor Gonzales in welcoming Boys Scout Troop 201 of Japantown who attended the Council meeting as a requirement for their Citizenship Merit Badge.
9j Discussion and approval of teacher housing proposal. (Mayor)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Member Diaz, dated March 16, 1999, recommending Council direct staff to use $2 million from the 20% housing funds reserved for moderate-income households to fund the proposed Teacher Housing Program. (2) Memorandum from Mayor Gonzales, dated March 1, 1999, recommending Council action on the Teacher Housing Proposal.
Discussion/Action: Mayor Gonzales noted background information on the Teacher Housing Program and the benefits to further the City’s commitment to recruitment efforts of school districts and retention of quality teachers. He urged the City Council to (1) designate $2,000,000 within the Housing Department’s 20% Redevelopment Funds for a teacher housing down payment assistance program, with a maximum of $7,200 property; (2) declare incomes up to 80% of median income as qualifying for this program; (3) direct Staff to include in the June 1999 budget process the addition of one full-time employee and funds for associated program related non-personal costs; and (4) direct the Housing Department to return to Council (a) for further allocation of funds prior to the expenditure of the $2,000,000, and (b) with an implementation report within 45 calendar days from approval of the Proposal. In an attempt to make the program user friendly, he stated a program administrator would be hired to assist all qualified teachers to secure program benefits and actively promote the program and other relevant Housing and Redevelopment Agency programs. Council Member Diaz concurred with the recommendations proposed by Mayor Gonzales noting the Council’s housing policy targets a minimum of 60% redevelopment housing funds for very low income households, 25% for low, and the remaining 15% for moderate income. He added that Council direct Staff to use the $2,000,000 from the 20% housing funds reserved for moderate income households to fund the proposed Teacher Housing Program, and upon substantial depletion of the $2 million allocation that the Housing Department should return to Council for further funding direction. The following individuals spoke in favor of the proposed housing proposal: Carl Guardino, President & CEO, Silicon Valley Manufacturing Group; James Radcliffe; Patricia Weiss; Bess A. Coleman, Jean-Anne Bryant, Willow Glen Elementary School; Ron Johnson, Affordable Housing Network; Tammy L. Fenn; Hedy Herrera; Gertrude Welch, Santa Clara County Council of Churches; Dian Syverson; and Philip C. Reynolds Jr. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the Teacher Housing Proposal was approved as recommended by Mayor Gonzales in memoranda of March 1, 1999 and March 16, 1999. Vote: 8-0-3-0. Absent: LeZotte, Powers, Woody.
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
(Continued from 3/2/99 – Item 15b)
Documents Filed: (1) Supplemental memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 1, 1999, clarifying the intent of the appellant’s correspondence with regard to the proposed subdivision. (2) Department of Planning, Building and Code Enforcement Staff Report on Project File Number T98-10-126, dated February 12, 1999, recommending approval of the requested Tentative Map including relevant facts and conditions proposed in the resolution. (2) Public Hearing Notice to consider an appeal of the Planning Director’s decision to approve a Tentative Map, dated February 9, 1999, and Proof of Publication dated February 19, 1999 submitted by the City Clerk. (3) Copy of appellant’s presentation on T98-10-126, submitted into the public record.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Thad & Elaine Leingang, owner/applicant of the proposed subdivision, spoke in support of the proposed lot split and design plans for the existing structure and the proposed second dwelling. Warren Hansen spoke against the lot split; and appellant Charles and Jennifer Bedolla asked Council to deny the subdivision. The following individuals spoke on various aspects of the proposal to subdivide the lot: Walter Hunter, Michael Gazvin, Craig Carnes, Frank Oliver, Harris Meyers, Robert Harmassen; and Kris Cunningham, President, Willow Glen Neighborhood Association. For discussion purposes, Vice Mayor Fiscalini stated the property is located in one of the oldest and most historical neighborhoods in San José and such a proposal is contrary to the philosophy of preservation of historical areas. He stated much of the historical significance of the property and structures have not been evaluated nor has a determination been made on where the lot split should occur. For future consideration of subdivisions, he stated serious consideration should be given to a form of architectural review on single-family homes especially in historically sensitive neighborhoods and ultimately the creation of an ordinance governing how future lot splits and teardown rebuilding affects established neighborhoods in San José. He recommended Council deny the proposal for the subdivision of the lot into two parcels for development purposes. Speaking in opposition to the recommendation for denial of the Tentative Map, Council Members Dando and Matthews noted the applicant’s compliance with City requirements and agreed the Leingangs should not be penalized for the City’s lack of policy provisions addressing specific subdivision issues. The Council Members reiterated the relevant facts compiled by City Staff recommending approval of the Tentative Map and the conclusions and findings based upon an analysis of those facts; noted the compatibility of the proposed subdivision with that of the existing neighborhood, which will not result in impacts on historic resources; and urged Council to permit the owners to proceed with their proposed subdivision. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and carried, the public hearing was closed and Resolution No. 68769, entitled: “Resolution of the City Council of the City of San José Denying a Tentative Map to Subdivide One Lot Into Two Parcels at 1195 University Avenue”, was adopted. Vote: 6-2-3-0. Noes: Dando, Matthews. Absent: LeZotte, Powers, Woody.
15c PUBLIC HEARING ON CONDITIONAL USE PERMIT APPEAL OF THE PLANNING COMMISSION’S DECISION to revoke a Conditional Use Permit for a project located at the southeast corner of East Santa Clara Street and South 16th Street on a 1.24 gross acre site in the C-2 Commercial Zoning District, for a 15,000 square foot retail drug store with drive-through use (Hunter/Storm/16th and Santa Clara Street, LL, Owner/Developer). CEQA: Exempt. Planning Staff recommends upholding the Planning Commission’s decision to revoke permit.
CP 97-09-058 – District 3
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated February 25, 1999, recommending Council approve Staff recommendation to modify the approved Conditional Use permit for the subject property. (2) Declaration of Mailing of the Notice of Public Hearing for Project File Number CP97-09-058, dated February 23, 1999. (3) Letter from Wilson F. Wendt of Miller, Starr & Regalia, dated March 16, 1999, requesting a two-week continuance of the public hearing in order to allow better preparation of a response to Council on certain matters. (4) Correspondence from District Three constituents conveying their opinions regarding the demolition of the building known as “Fredkin’s Market”.
Discussion/Action: Mayor Gonzales opened the public hearing on the appeal of the Planning Commission’s decision to revoke the Conditional Use Permit for the subject property. The following individuals addressed Council on the revocation: Representing Preservation Action Council, John Olson-Vice President, Jack Douglas, April Halberstadt; Representing Campus Community Association, Janice Zajae, Leisa Fearing; Joe Cambianco. Representing the appellant, Attorney Wilson Wendt asked Council to adopt the position recommended by Planning Staff. Council Member Chavez expressed disappointment with the illegal and unfortunate action of the Developer in demolishing the building contrary to the conditions of the Conditional Use Permit and proposed that the City Attorney’s Office initiate legal proceedings against the Developer for the violation. She requested Council approve the Staff recommendations with additional conditions and that Preservation Action Council, Campus Community Association and the St. James-Julian neighborhood participate in redesigning the facades of the building. Noting his support of the recommendation, Mayor Gonzales noted the Developer’s conspicuous absence from the public hearing; deemed the demolition action of the Developer as criminal; and urged the City Attorney to pursue aggressive prosecution of the Applicant. Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr. and unanimously carried, the applicant’s request for continuance to April 6, 1999 was denied, the City Attorney directed to initiate legal proceedings against the Developer responsible for the demolition of the structure once located on the subject site; Staff recommendations were approved with additional direction and conditions (a) to modify the approved Conditional Use Permit to require the re-creation of the historic building facades; (b) to continue the Order to Show Cause public hearing to approximately 45 days to allow Planning an opportunity to complete the report for presentation to the full Council; and (c) that a member of the Preservation Action Council and representatives from the St. James-Julian neighborhood along with Campus Community Association be invited to attend the meetings regarding additional design details necessary for the re-creation of the north- and west-facing facades. Vote: 8-0-3-0. Absent: LeZotte, Powers, Woody.
15e 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
(Continued from 2/16/99 – Item 15h)
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) Declaration of Mailing of the Notice of Public Hearing for Project Number PDC 98-01-005, dated January 14, 1999. (3) Public Hearing Notice to consider a change in Zoning for PDC 98-01-005, 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. There was no discussion from the Floor; however, Council Member Dando referenced page 3 of 13 of the Vicinity Map and the location of the six-foot fence on the inside of the Limit of Riparian Setback, and urged Staff to work with the Developer in relocating the fence. Upon motion by Council Member Dando, seconded by Council Member Matthews and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25798, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Northerly Terminus of Pfeiffer Ranch Road”, was passed for publication. Council directed Staff to work with the Developer to ensure the location of the 6’ fence occurs on the other side of the “Limit of Riparian Setback”. Vote: 8-0-3-0. Absent: LeZotte, Powers, Woody.
15j PUBLIC HEARING ON CONVENTIONAL REZONING of the property located at the southeast corner of Julian Street and Almaden Boulevard, from M-1 Manufacturing Zoning District to C-3 Commercial Zoning District, to allow commercial uses on 0.43 gross acres (Richard Venezia/Eugene Smith, Owner; Jerome King, AIA, Developer). CEQA: Resolution No. 60198. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval with staff recommendation to C-2 (6-0-1).
C 99-01-001 – District 3
Documents Filed: (1) Memorandum from the Planning Commission, James R. Derryberry, Secretary, dated March 4, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Declaration of Mailing of the Notice of Public Hearing dated February 11, 1999, for Project File Number C99-01-001. (3) Public Hearing Notice to consider a change in Zoning for C99-01-001 dated February 1, 1999, and Proof of Publication dated February 12, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conventional rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25799, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Southeast Corner of Julian Street and Almaden Boulevard”, was passed for publication. Vote: 8-0-3-0. Absent: LeZotte, Powers, Woody.
Disclosure of Closed Session Action of March 16, 1999 submitted by City Attorney, Joan R. Gallo:
A. Authority to Enter Litigation Case As Amicus Curiae:
1. Case Name: L.A. Alliance for Survival, et al. vs. Los Angeles, et al.
Adverse Party or Parties: L.A. Alliance for Survival, et al.
Substance of Litigation: An action challenging the validity of a City of Los Angeles ordinance entitled “Prohibition Against Certain Forms of Aggressive Solicitation”.
Council Vote:
Ayes: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Shirakawa, Jr.; Gonzales
Noes: None.
Absent: Diaz, Matthews, Powers, Woody.
Disqualified: None.
Cathy S. Brandhorst addressed Council on immigration issues and T. To Can Nguyen spoke on environmental issues.
The Council of the City of San José adjourned at 9:00 p.m.
RON GONZALES, MAYOR