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, Diquisto, Matthews, LeZotte, Powers, Shirakawa Jr.; Gonzales
Absent: Council Members: Diaz, Fiscalini, Woody.
Upon motion unanimously adopted, the City Council recessed to a Closed Session at 9:35 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Harris, et al. vs. City of San José, et al.; City of San José vs. Willowbrook Townehomes; and (B) to confer with Legal Counsel regarding a matter of anticipated litigation where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code, and the initiation of litigation in two matters pursuant to subsection (c) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from the Closed Session, recessed at 11:00 a.m., and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, LeZotte, Matthews, Powers, Shirakawa, Jr.; Gonzales
Absent: Council Members: Diaz, Fiscalini, Woody.
Council Member Matthews read, as the invocation, a letter from Barbara Zohner, Executive Director of Sacred Heart Community Service, incorporating a poem entitled Let Your Light Shine, written by Nelson Mandella. (District 4)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Council Member Matthews, seconded by Council Member LeZotte and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
5a Presentation of a proclamation declaring the month of April 1999, the Month of the Young Child, and presentation of awards to the Outstanding Contributors to Child Care. (Parks, Recreation and Neighborhood Services)
Documents Filed: None.
Discussion/Action: Mayor Gonzales invited to the Podium Leticia Diaz-Marketing Manager of Avant! Corporation Foundation, and Jim Reber-Executive Director of Inner City Games of San José, who accepted the proclamation, He introduced Child Care Commission Liaison, Council Member Dando, and Child Care Commission Chairperson Charlene Della Maggiore. On behalf of the City Council, the San José Child Care Commission, and the City of San José Month of the Young Child Planning Committee, Mayor Gonzales presented the 1999 Outstanding Contributors to Child Care awards to Doug Gross, Regional Manager for Lakeshore Learning Materials; Christine Burroughs, Executive Director of InnVision Family Place; Maria Lionetti, Owner of Trinee’s Family Child Care; and Shawna Schwartz, who accepted the award on behalf of Superior Court Judge LaDoris Cordell. Mayor Gonzales expressed appreciation to all the providers for their dedication to the youth of San José, and in commemoration of the Month of the Young Child, Council Member Dando read a poem entitled: A Prayer For Our Children, provided by Judge Cordell.
Upon motion by Council Member Matthews, seconded by Council Member LeZotte and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6a(1) Regular Meeting of February 23, 1999
Documents Filed: Minutes of the regular meeting of February 23, 1999.
Discussion/Action: The Minutes were approved. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6a(2) Joint City Council/Redevelopment Agency Meeting of February 23, 1999
Documents Filed: Minutes of the joint meeting of February 23, 1999.
Discussion/Action: The Minutes were approved. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6a(3) Regular Meeting of March 2, 1999
Documents Filed: The minutes of the regular meeting of March 2, 1999.
Discussion/Action: The Minutes were approved. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6a(4) Joint City Council/Redevelopment Agency Meeting of March 2, 1999
Documents Filed: The minutes of the joint meeting of March 2, 1999.
Discussion/Action: The Minutes were approved. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6c(1) Adoption of a resolution initiating an ordinance amending Sections 20.44.310 and 20.44.810 of Chapter 20.44 of Title 20 of the San José Municipal Code to specify the circumstances under which a Site Development Permit is required for single family homes, setting a public hearing for June 15, 1999 at 7:00 p.m. and referring said ordinance to the Planning Commission for its review and comment. CEQA: Exempt. (Planning, Building, and Code Enforcement)
(Rules/Agency Rules Committee referral 3/31/99)
Documents Filed: Memorandum from City Attorney Joan R. Gallo, and Director of Planning, Building and Code Enforcement James R. Derryberry, dated April 6, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68786, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings to Amend Sections 20.44.310 and 20.44.810 of Chapter 20.44 of Title 20 of the San José Municipal Code to Specify the Circumstances Under Which a Site Development Permit is Required for Single Family Homes, Setting a Public Hearing for June 15, 1999 at 7:00 p.m. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendation”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(1) Report on bids and award of contract for the San José Police Administration Building Annex HVAC Retrofit Project to the low bidder and approval of a contingency in the amount of ten (10) percent. CEQA: Exempt. (Public Works)
[Deferred from 3/23/99 – Item 6e(7)]
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 4, 1999, recommending Council accept the bid report and award said contract to the low bidder.
Discussion/Action: This item was dropped.
6e(2) Adoption of a resolution authorizing the City Manager to negotiate and execute a Commercial Air Cargo Operating Agreement and License with BAX Global for a five (5) year term for the period March 1, 1999 to February 28, 2004, with projected annual revenue to the City in the amount of $100,000. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated March 18, 1999, recommending Council approve the commercial air cargo operating agreement and license with BAX Global to extend the terms.
Discussion/Action: Resolution No. 68787, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Commercial Air Cargo Operating Agreement and License With BAX Global, Inc. at the San José International Airport”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(3) Approval of an agreement with the Happy Hollow Corporation for the promotion and support of programs, activities, and development projects at Happy Hollow Park & Zoo, for the period January 1, 1999 to December 31, 2004, at no cost to the City. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Acting Director of Conventions, Arts and Entertainment, James McBride, dated March 18, 1999, recommending Council approve said agreement with the Happy Hollow Corporation.
Discussion/Action: The agreement with the Happy Hollow Corporation was approved and its execution authorized. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(4) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Tad Savinar for the fabrication and installation of public artwork at the proposed Fire Station No. 1 in an amount not to exceed $49,550. CEQA: Resolution No. 64273. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Acting Director of Conventions, Arts and Entertainment, James McBride, dated March 18, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68788, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Tad Savinar to Fabricate and Install a Public Artwork for Fire Station No. 1 in An Amount Not to Exceed $49,550”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(5) Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with Baseball Acquisition Company, Inc. for improvements and upgrades to the irrigation system and dugouts at the San José Municipal Stadium in an amount not to exceed $99,000. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Acting Director of Conventions, Arts and Entertainment, James McBride, dated March 18, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68789, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Grant Agreement With Baseball Acquisition Company, Inc.”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(6) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 24, 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 March 18, 1999, recommending Council approve said open purchase orders list, and authorize the Acting Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 24 for FY 1998-99 was approved and execution of the purchase orders authorized. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(7) Approval of an option to purchase two (2) additional 4-wheel drive pickup trucks from Del Amo Dodge for the Municipal Water Division of the Environmental Services Department at the same bid price at a total cost of $53,070.90, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated March 18, 1999, recommending Council approve said purchase option, and authorize the Acting Director of General Services to execute the purchase order.
Discussion/Action: William J. Garbett spoke against the proposed action. The award of purchase option to Del Amo Dodge at the same bid price was approved, and execution of the purchase order authorized. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(8) Report on bids and award the purchase of two (2) full-sized, four-wheel drive enclosed vehicles to the lowest responsive bidder, Carl Chevrolet for the Police Department, at a total cost of $75,814.92, including tax, and authorization for the Director of General Services to:
(a) Execute the purchase order for the immediate purchase of two (2) full-sized, four-wheel enclosed vehicles.
(b) Execute the purchase order for the additional vehicles pursuant to the option 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 March 18, 1999, recommending Council accept the bid report and award said purchase to the lowest responsive bidder, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: William J. Garbett spoke against the proposed action. The bid report was accepted and award of purchase to Carl Chevrolet, the lowest responsive bidder, was approved and execution of the purchase orders authorized. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(9) Approval to reject all bids and to resolicit bids for eight (8) solo high performance motorcycles for the Police Department. (General Services)
Documents Filed: Memorandum from Acting Director of General Services, Deputy City Manager Lynn Macy, dated March 18, 1999, recommending Council approve the staff recommendation to reject all bids and rebid the fleet additions.
Discussion/Action: The staff recommendation to reject all bids was approved and authorization to rebid the units granted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(10) (a) Adoption of a resolution accepting an irrevocable offer of dedication of parkland from Kaufman & Broad, Inc. for park purposes.
(b) Approval of a turnkey Parkland Agreement with Kaufman & Broad, Inc. for Tentative Map No. PT98-03-034.
CEQA: Resolution No. 67894. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 31, 1999, recommending Council adopt said resolution and approve said Parkland Agreement.
Discussion/Action: Resolution No. 68790, entitled: “A Resolution of the Council of the City of San José Authorizing the Acceptance of An Irrevocable Offer of Dedication From Kaufman & Broad-South Bay, Inc. in Order to Satisfy Conditions Imposed as Part of Tentative Map No. PT98-03-034”, was adopted; and the turnkey Parkland Agreement with Kaufman & Broad, Inc. was approved and its execution authorized. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(11) Report on bids and award of contract for The Alameda Streetscape Neighborhood Business District (NBD) Improvements – Phase 2B Project to the low bidder, Robert A. Bothman, Inc., for the base bid in the amount of $229,800, and approval of a contingency in the amount of $23,000. CEQA: Resolution No. 62613.
(Public Works)
(Rules/Agency Committee referral 3/31/99)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated April 5, 1999, recommending Council accept the bid report and award said contract to the low bidder, Robert A. Bothman, Inc.
Discussion/Action: The bid report was accepted and award of contract to Robert A. Bothman, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6e(12) Approval of an Amended and Restated Agreement for Fire Station No. 27 with Shea Homes providing that Shea Homes will contribute $276,000 to the project and that Shea Homes shall have no obligation to construct Fire Station No. 32. CEQA: ND. (Public Works)
(Deferred from 3/30/99 – Item 6e(3)
Documents Filed: None.
Discussion/Action: This item was deferred to April 13, 1999.
6e(13) (a) Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the agreement with Integration Information Systems Inc. (IIS) for the development of the Year 2000 (Y2K) compliant system for the Planning Division’s application to track sewage flow demands and permit applications, increasing the amount of the agreement by $60,000, from $134,400 to $194,400.
[Deferred from 3/23/99 – Item 6e(4) and 3/30/99 – Item 6e(4)]
(b) Adoption of related appropriation ordinance amendments in the Sewer Service and Use Charge Fund (541) to:
(1) Establish a non-personal expense appropriation for management services to the Planning, Building and Code Enforcement Department in the amount of $30,000.
(2) Reduce the unrestricted ending fund balance by $30,000 from $30,058,679 to $30,028,679.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 31, 1999, recommending Council approve said resolution and adopt related appropriation ordinance amendments in the Sewer Service and Use Charge Fund.
Discussion/Action: Resolution No. 68791, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Amendment to the Agreement With Integration Information Systems (IIS) For Year 2000 Compliant Planning Division Software”; and Ordinance No. 25802, entitled: “An Ordinance of the City of San José amending Ordinance No. 25633 to Appropriate Moneys in the Sewer Service and Use Charge Fund in the Total Amount of $30,000 for Management Services Related to the Planning Division’s Development Tracking System; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption", were adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6f(1) Approval of an ordinance amending Sections 4.46.085 and 4.47.065 of Chapters 4.46 and 4.47 of Title 4 of the San José Municipal Code to authorize the reimbursement of taxes charged in conjunction with building permits for buildings and structures which are subsequently designated city landmarks. CEQA: Exempt. (City Attorney’s Office)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated March 30, 1999, recommending Council adopt said ordinance.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25803, entitled: “An Ordinance of the City of San José Amending Chapters 4.46 and 4.47 of Title 4 of the San José Municipal Code to Authorize the Reimbursement of Taxes Charged in Conjunction With Building Permits for Buildings and Structures Which Are Subsequently Designated City Landmarks”, was passed for publication. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6f(2) Adoption of appropriation ordinance amendments in the Council District Five (5), Council District Seven (7), and the Citywide Construction and Conveyance Tax Funds. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated March 18, 1999, recommending Council approve said appropriation amendments in the Parks Construction and Conveyance Tax Funds in Districts 5 and 7 and Citywide.
Discussion/Action: Ordinance No. 25804, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 Which Appropriates Moneys in Various Parks Construction and Conveyance Tax Funds in the Total Amount of $290,000 for Certain School Improvement Grants Projects and the Rose Garden Irrigation West Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6f(3) Adoption of a resolution accepting an in-kind donation from Netcom On-Line Communications, Inc. for the printing of the Office of Economic Development’s (OED) Guide to Doing Business in San José in the amount of $12,000, and for hosting OED’s web site in the amount of an estimated $6,000 annually.
(Economic Development)
Documents Filed: Memorandum from Director of Economic Development, Leslie S. Parks, dated March 18, 1999, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 68792, entitled: “A Resolution of the Council of the City of San José Accepting An In-Kind Donation From Netcom On-line Communications, Inc., of 1) Printing of a City Guide Valued at $12,000 and 2) Hosting of a Web Site for the Department of Economic Development Valued at $6,000 Annually”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
6f(4) Adoption of a resolution to amend Resolution No. 51872:
(a) Amending the salary of Fire Division Chief (2331) at a salary range of 72E.
(b) Providing Emergency Medical Technician (EMT) premium to all eligible Fire management personnel.
(Human Resources)
Documents Filed: Memorandum from Director of Human Resources, Nona Tobin, dated March 18, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68793, entitled: “A Resolution of the Council of the City of San José Amending Resolution 51872 by Amending Exhibit 99 to Amend the Salary of Fire Division Chief (2331) to 72E and Approving Emergency Medical Technician (EMT) Premium to All Eligible Fire Management Personnel Effective April 18, 1999”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
7b Report of the Rules/Agency Rules Committee – Meeting of March 24, 1999
Documents Filed: Rules/Agency Rules Committee Report of March 24, 1999.
(1) Redevelopment Agency Agenda
(a) Review April 6, 1999 Agenda
No Redevelopment Agency meeting scheduled for April 6, 1999.
(b) Add New Items to March 30, 1999 Amended Agenda
The Committee recommended two additions to the March 30, 1999 Redevelopment Agency Agenda.
(2) City Council Agenda
(a) Review April 6, 1999 Agenda
The Committee approved the April 6, 1999 Council Agenda with one addition.
(b) Add New Items to March 30, 1999 Amended Agenda
The Committee recommended three additions to the March 30, 1999 Council Agenda.
(3) Meeting Schedules. Attachment: Memorandum from Council Liaison, Norberto L. Dueñas, dated March 23, 1999, recommending approval of the proposed dates for Committee of the Whole meetings.
The Committee approved the following Committee of the Whole schedule:
|
April
26, 1999 |
1:30
p.m. |
Countywide
Emergency Medical Services and Ambulance Request for Proposals Process |
|
May 6, 19991 |
1:30 p.m. |
New Civic Center Project |
(4) The Public Record. Attachment: Memorandum from Council Liaison, Norberto L. Dueñas, dated March 24, 1999, listing the items transmitted to the Administration and the items filed for the Public Record for the period March 10-16, 1999.
The Committee noted and filed the Public Record for the period March 10-16, 1999.
(5) Request to use Council General funds to attend a League of California Cities Policy Committee meeting in Los Angeles, March 26, 1999. Attachments: (1) Memorandum from Council Member LeZotte, dated March 15, 1999, requesting authorization for use of Council General Funds for the purpose of attending the League of California Cities Transportation, Communications & Public Works Policy Committee Meeting in Los Angeles, CA. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated March 17, 1999, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.
The Committee approved the use of Council General funds by Council Member LeZotte to attend the League of California Cities’ Transportation, Communications & Public Works Policy Committee meeting in Los Angeles, CA, March 26, 1999.
(6) Report back on request for upgrade of Phelan Avenue between 7th and 10th Streets
The Committee deferred this item to the Rules Committee meeting of March 31, 1999.
(7) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee. Attachments: (1) Memorandum from Council Member Shirakawa Jr., dated March 17, 1999, requesting Rules Committee refer to the Administration the issue of providing adequate funding to construct a neighborhood park required by a proposed residential development, and direct Staff to develop a plan so the Almaden Road Apartment project is completed without delay because of park development funding. (2) Memorandum from Vice Mayor Fiscalini, dated March 19, 1999, recommending the Rules Committee direct Staff to (a) investigate any available funds for relocation assistance to two URM buildings, (b) report back to Council within 60 days, and (c) delay enforcement of the compliance orders on the two businesses until Council receives staff’s report and is able to make a final decision.
(a) Request for funding a neighborhood park required by a proposed residential development.
The Committee referred to the Administration Council Member Shirakawa Jr.’s request for funding a neighborhood park required by a proposed residential development with direction to report back to Rules Committee on April 7, 1999 with an assessment of the time and resources involved to complete the request.
(b) Request to identify funds for relocation assistance for two unreinforced masonry buildings located outside the Redevelopment area.
The Committee referred to the Administration Vice Mayor Fiscalini’s request to investigate any available funds for relocation assistance to two unreinforced masonry buildings located at 758-762 Lenzen Avenue and 124 Keyes Street with direction to report back to Rules Committee on March 31, 1999 with an assessment of the time and resources involved to complete the request. The Committee directed the Administration to temporarily delay enforcement of the compliance orders on the two buildings until Staff reports back to Council on the availability of funds for relocation assistance.
(8) Oral Communications
William Chew inquired whether a citizen could request a Committee of the Whole meeting.
(9) Adjournment
The meeting was adjourned at 2:15 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa Jr., and unanimously carried, the Rules/Agency Rules Committee Report and actions of March 24, 1999 were accepted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
7c Report of the Finance and Technology Committee – Meeting of March 24, 1999
Documents Filed: Finance and Technology Committee Report of March 24, 1999.
(1) Monthly Financial Statement for February 1999
(2) Capital Cost Report for February 1999
(3) Cash Flow Forecast for February 1999
Items 1-3 to be heard by the Redevelopment Agency Board.
(4) February Monthly Activity Report. Attachment: Letter from City Auditor, Gerald A. Silva, dated March 15, 1999, transmitting the written report of The Office of the City Auditor’s activities for the month of February 15 through March 15, 1999 and schedule of audit costs for January, 1999.
The Committee accepted the staff report.
(5) Code Enforcement Multiple Housing Program. Attachment: Executive Summary of An Audit of the Multiple Housing Program for March 1999, provided by the Office of the City Auditor.
The Committee accepted the staff report.
(6) Sales and Business Tax Audit Results for Quarter Ending December 31, 1998. Attachment: Letter from City Auditor, Gerald A. Silva, dated March 15, 1999, transmitting the report on the Sales and Business Tax Audit Results For The Quarter Ended December 31, 1998.
The Committee accepted the staff report.
(7) HR Payroll System Update. Attachment: Memorandum from Director of Human Resources, Nona Tobin, dated March 24, 1999, providing the Finance & Technology Committee with an update on the status of the Human Resources/Payroll System Conversion project.
The Committee accepted the staff report with the request to include budget implications in the next update.
(8) Oral petitions
None presented.
(9) Adjournment
The meeting was adjourned at 10:45 a.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Shirakawa Jr., and unanimously carried, the Finance and Technology Committee Report and actions of March 24, 1999 were accepted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
9c (1) Approval of the Five (5) Year Spending and Operations Plan for the Housing Department.
(2) Approval of direction to the Administration to develop a Housing Action Team that will streamline the approval and development process for affordable housing projects.
(3) Adoption of related appropriation ordinance amendments in the Low and Moderate Income Housing Fund.
(Housing/City Manager’s Office)
Documents Filed: None.
Discussion/Action: This item was deferred to April 13, 1999.
This item was heard with Item 11a in joint session with the Redevelopment Agency Board of Directors.
9d (1) Report on bids and award of contract for the New Fire Station No. 1 Project to the low bidder, Gonsalves & Stronck Construction Company, Inc. in the amount of $4,137,357 to include the base bid and four add alternates, and approval of a contingency in the amount of $300,000. CEQA: Resolution No. 64273. (Public Works)
(2) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund in the amount of $513,000 to provide for the Fire Station No. 1 Reconstruction Project. (City Manager’s Office)
Documents Filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 18, 1999, recommending Council accept the bid report and award said contract to the low bidder, Gonsalves & Stronck Construction Company. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated March 31, 1999, recommending Council approve the appropriation ordinance and funding sources resolution amendments in the City-side Redevelopment Fund.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Chavez and unanimously carried, the report on bids was accepted and award of contract to Gonsalves & Stronck Construction Company, Inc., the low bidder, was approved, and execution of the contract authorized; Ordinance No. 25805, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $513,000 for the Fire Station #1 Reconstruction Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 68794, 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 Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
The Redevelopment Agency Board convened at 1:50 p.m. to consider Item 11a in conjunction with Item 9d in a joint session with the City Council.
11a Actions regarding the Adopted FY 1998-99 Capital Budget for the Merged Project Area
(1) Adoption of a resolution approving adjustments to the Agency’s FY 1998-99 Capital Budget; and
(2) Adoption of a resolution amending the Agency FY 1998-99 appropriation resolution.
Documents Filed: Memorandum from Executive Director, Frank M. Taylor, dated March 31, 1999, recommending the Redevelopment Agency Board adopt said resolutions.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Diquisto and unanimously carried, the Redevelopment Agency Board Resolution No. 4655, approving adjustments to the Agency’s FY 1998-99 Capital Budget, and Resolution No. 4656, amending the Agency’s FY 1998-99 appropriation resolution, were adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
The Redevelopment Agency Board adjourned at 1:55 p.m.
9e Adoption of a resolution in support of receiving federal grant funds to construct an advanced traffic management system at the San José International Airport in the amount of $1,769,545 with a requirement to provide a local funding match of $230,000, and authorization for the City Manager to file and execute the grant application. (Public Works)
(Rules/Agency Committee referral 3/31/99)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 31, 1999, recommending Council adopt said resolution.
Discussion/Action: Cathy S. Brandhorst addressed Council on the proposed action. Upon motion by Council Member Powers, seconded by Council Member Dando and unanimously carried, Resolution No. 68795, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit An Application For Federal Grant Funds to Construct An Advanced Traffic Management System at the San José International Airport in the Amount of $1,769,545 and Committing to a Local Funding Match of $230,000,”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Woody.
9f Report on bids and award of contract for Fire Station No. 27 to the low bidder, Eddie Torrez Construction Company, Inc., in the amount of $989,135, and approval of a contingency in the amount of $53,000. CEQA: ND. (Public Works)
(Deferred from
3/30/99 – Item 9d)
Documents Filed: None.
Discussion/Action: This item was deferred to April 13, 1999.
9g 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 3/30/99 – Item 9f)
Documents Filed: None.
Discussion/Action: This item was deferred to April 13, 1999.
The following individuals spoke on various issues: Cathy S. Brandhorst, Mark Abinante, William J. Garbett, and Ross Signorino.
Following Oral Communications, Council recessed at 2:05 p.m. and reconvened at 7:08 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, LeZotte, Matthews, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: Diaz, Fiscalini
City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications and other actions as recommended. Upon motion by Council Member Matthews, seconded by Council Member LeZotte and unanimously carried, the below noted continuances and other actions were granted. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
15b PUBLIC HEARING and adoption of a resolution authorizing the reorganization of territory designated as Monterey Park #103, which involves the annexation to the City of San José of 60.55 acres of land, located on the south side of Curtner Avenue, opposite Stone Avenue, and the detachment of the same from the Central Fire Protection District, Santa Clara County Library Service District, and the Santa Clara Valley Water District. CEQA: Resolution No. 65459.
(Planning, Building, and Code Enforcement).
(Continued from 2/16/99 – Item 15b and 2/23/99 – Item 8a)
Documents Filed: None.
Discussion/Action: This item was continued to May 4, 1999.
15c 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
(Continued from 3/16/99 – Item 15f)
Documents Filed: None.
Discussion/Action: This item was continued to May 4, 1999.
15g PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Franquette Avenue, approximately 700 feet westerly of Coastland Avenue, from R-1 Residence Zoning District to A(PD) Planned Development Zoning District, to all 2 single-family detached dwelling units on .37 gross acre (Mark Rassmussen, Owner; De Mattei Construction, Inc., Developer). CEQA: Exempt.
PDC 98-12-099 – District 6
Documents Filed: Notice of Public Hearing to consider a change in Zoning for PDC98-12-099, dated February 16, 1999, and Proof of Publication dated February 26, 1999 submitted by the City Clerk.
Discussion/Action: This item was dropped and will be renoticed.
15i PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the east side of South Bascom Avenue, 480 feet southerly of Camden Avenue, from C-1 Commercial and R-1 Residential Zoning District to A(PD) Zoning District, to allow self-storage facility on 2.0 gross acres (Mockabee Enterprises, Inc., Owner; Caster Group, L.P., Developer). CEQA: ND.
PDC 98-10-079 – District 9
Documents Filed: None.
Discussion/Action: This item was continued to April 20, 1999.
9a (1) Presentation of the Independent Police Auditor’s 1998-Year End Report. (Independent Police Auditor)
(2) Approval of the Police Department’s response to the Independent Police Auditor’s Year-End Report. (Police)
Documents Filed: (1) 1998-Year End Report of the Office of the Independent Police Auditor, Teresa Guerrero-Daley, dated February 23, 1999, submitted for Council review and approval. (2) Memorandum from Chief of Police William M. Lansdowne, dated April 1, 1999, recommending Council accept the report in response to the recommendations and issues in the Independent Police Auditor’s 1998 report.(3) Copies of the slide presentation summarized by Independent Police Auditor, Teresa Guerrero-Daley.
Discussion/Action: Beginning with the functions of the Office of Independent Police Auditor, Independent Police Auditor Teresa Guerrero-Daley presented a comprehensive summary of the 1998 year-end report containing 26 components, general goals for 1999, and 1998 year-end recommendations. She elaborated on the goals that include establishing community sites for intake of complaints and referral to the Independent Police Auditor, and establishing an Independent Police Auditor Focus Group. With respect to the oversight of police shootings, she requested Council approval of the recommendations that the Office of the Independent Police Auditor review the administrative investigation of all officer-involved shootings where a person is wounded or killed, whether or not a complaint is filed. She further recommended the San José Police Department complete the database that will link the Independent Police Auditor to the Professional Standards & Conduct Unit (PSCU) as soon as possible, and that written reports detailing the investigative efforts by the supervisors responding to a Class I Use of Force should be mandatory, and complaints completed within 180 days. She requested Council approval of the recommendation to relocate the Office of the Independent Auditor to a more suitable facility and the hiring of additional personnel. Chief of Police William M. Lansdowne concurred with the report and recommendations of the Independent Police Auditor and noted the Police Department’s commitment to continue working with the City Attorney and the Council to implement the program components. The following individuals addressed Council on the Police Auditor’s Report: Gertrude Welch, Chair, Justice Review Committee of the County Human Relations Commission; Maxine Rankins; and Cathy S. Brandhorst. Upon motion by Council Member Diquisto, seconded by Council Member Shirakawa Jr. and unanimously carried, the Independent Police Auditor’s Report was accepted and the 1998 year-end recommendations approved; and the Police Department’s response to the recommendations and issues in the Independent Police Auditor’s 1998 Report, approved as recommended in the April 1, 1999 memorandum from Chief of Police Lansdowne. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
15d 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. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (7-0-0).
PDC 98-09-070 – District 9
(Continued from 3/16/99 – Item 15g)
Documents Filed: (1) Memorandum from the Planning Commission, James R. Derryberry, Secretary, dated March 18, 1999, recommending Council adopt the ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-09-070, 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 planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Diquisto, seconded by Council Member Dando and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25806, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Northerly Terminus of Sanchez Drive on the South Side of State Route 85”, was passed for publication. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
15f 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. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (5-1-1).
PDC 98-11-092 – District 4
(Continued from 3/16/99 – Item 15i)
Documents Filed: (1) Memorandum from Council Member Matthews, dated April 6, 1999, recommending Council approve the subject rezoning and direct the Administration to work with the adjacent property owners and the Santa Clara Valley Water District to develop and implement a strategic approach to safeguard homes from future flooding. (2) Memorandum from the Planning Commission, dated March 26, 1999, recommending Council adopt an ordinance approving the subject rezoning. (3) Public Hearing Notice to consider a change in Zoning for PDC 98-11-092, 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 planned development rezoning of the subject property. Saul Wachter, representing Affordable Housing Network, spoke on the proposed rezoning. Council Member Matthews recommended approval of the Planned Development Rezoning that will allow for affordable senior housing in Berryessa. She further recommended that the Administration work with adjacent property owners and the Santa Clara Valley Water District to develop and implement a strategic approach to safeguard homes from future flooding. Upon motion by Council Member Matthews, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25807, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Southeast Corner of Sierra and Piedmont Roads”, was passed for publication with direction to the Administration to comply with additional direction proposed by Council Member Matthews in her memorandum of April 6, 1999. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
15h PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of Technology Drive, southerly of Airport Parkway, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow a 10,000 square foot detached retail center on 19.08 gross acres (Concourse, Joint Venture, Owner; Gibson Speno Company, Developer). CEQA: Resolution No. 60197. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1).
PDC 97-11-083 – District 3
Documents Filed: (1) Memorandum from the Planning Commission, dated March 18, 1999, recommending Council adopt an ordinance approving the subject rezoning.(2) Public Hearing Notice to consider a change in Zoning for PDC 97-11-083, dated February 19, 1999, and Proof of Publication dated February 26, 1999 submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Council Member Powers and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25808, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of Technology Drive, Southerly of Airport Parkway”, was passed for publication. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
15l PUBLIC HEARING ON CONFORMING REZONING of the property located at the southeast corner of 12th Street and Hedding Street, from R-2 Residence Zoning District to C-1 Commercial Zoning District, to allow commercial uses on 0.4 gross acre (Chi Mai, Owner; John Ha, Developer). CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.
C 99-02-014 – District 3
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C 99-02-014, dated March 18, 1999, recommending Council adopt an ordinance rezoning the site to C-1 Commercial District. (2) Public Hearing Notice to consider a change in Zoning for C 99-02-014, dated March 16, 1999, and Proof of Publication dated March 26, 1999 submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Council Member Shirakawa Jr., and unanimously carried, the public hearing was closed and Ordinance No. 25809, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southeast Corner of 12th Street and Hedding Street”, was passed for publication. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
15e 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. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (7-0-0).
PDC 98-10-078 – District 3
(Continued from 3/16/99 – Item 15h)
Documents Filed: (1) Memorandum from Council Member Chavez, dated April 5, 1999, recommending Council approve Planning Commission recommendations with added direction and conditions. (2) Supplemental memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 6, 1999, recommending Council approve the subject project with additional conditions. (3) Memorandum from the Planning Commission, James R. Derryberry, Secretary, dated March 12, 1999, recommending Council adopt an ordinance approving the subject rezoning with additional conditions. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-10-078, 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 planned development rezoning of the subject property. Dawna Hawksworth, representing Spartan Keyes Neighborhood Association, and Saul Wachter, representing Affordable Housing Network, spoke in support of the proposed rezoning. Council Member Chavez recommended Council approve the recommendations of the Planning Commission with the following direction and conditions: (1) Direct Staff and the Applicant to work with the neighborhood prior to approval of a Planned Development Permit to implement components of the current project design that would (a) extend Bestor Street to 5th Street through the project utilizing alternatives discussed at the Planning Commission meeting; (b) limit development heights along 6th Street to two stories; and (c) improve the function and usability of the on-site open space areas, looking for opportunities to increase the amount of common open space within the project. (2) Reserve property south of the proposed Bestor Street extension for future parkland. (3) Direct the Redevelopment Agency to advance $1 million from money designated in the Capital Budget for Parkland Dedication Fees for Affordable Housing projects in order to acquire the parkland necessary for the proposed project. (4) Direct Staff to review, at the PD Permit Stage, the need for traffic signals in the surrounding area and collect a partial contribution of $75,000 from the project for a signal at 7th and Martha Streets; in addition, direct Staff to review, at the PD Permit Stage, the need for additional traffic controls including stop signs and truck prohibition signage. (5) Within three months, create a Stakeholders Group comprised of residents of the neighborhood, business owners, and appropriate public agencies to address the overall planning of the older industrial area and surrounding neighborhood. Upon motion by Council Member Chavez, seconded by Council Member Shirakawa Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25810, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Southeast Corner of South Fifth Street and Martha Street”, was passed for publication with additional direction and conditions proposed by Council Member Chavez in the April 5, 1999 memorandum. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
15k PUBLIC HEARING ON CONFORMING REZONING of the property located at the southwesterly corner of Senter Road and Diamond Heights Drive, from R-1:B-3 Residence and A(PD) Planned Development to A(PD) Planned Development Zoning District, to allow 6 tennis courts, reorientation of a football field/track, a 10 space parking lot, and a pump house on 9.6 gross acres (Valley Christian Schools, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.
PDC 99-02-010 – District 2
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 99-02-010, dated March 19, 1999 for approval with conditions, recommending approval of the subject rezoning with conditions. (2) Public Hearing Notice to consider a change in Zoning for PDC 99-02-010, dated March 16, 1999, and Proof of Publication dated March 26, 1999 submitted by the City Clerk. (3) Memorandum from Wilbur Clark, District 2 resident, dated April 6, 1999, supporting the rezoning with specified conditions.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. Wilbur W. Clark and Cathy Amber addressed Council on the proposed rezoning. Upon motion by Council Member Powers, seconded by Council Member Shirakawa Jr. and unanimously carried, the public hearing was closed, and Ordinance No. 25811, entitled: Ordinance of the City of San José Rezoning Certain Real property Situated at the Southwesterly Corner of Senter Road and Diamond Heights Drive”, was passed for publication. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
15j PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of Almaden Road, 850 feet south of Alma Avenue, from M-1 Manufacturing Zoning District to A(PD) Planned Development Zoning District, to allow future construction of up to 308 multi-family attached units and a public park on 9.7 gross acres (Green Valley Corporation, Owner; Barry Swenson Builder, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1).
PDC 98-11-089 - District 7
Documents Filed: (1) Memorandum from the Planning Commission, dated March 26, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-11-089, dated March 3, 1999, and Proof of Publication dated March 12, 1999 submitted by the City Clerk. (3) Architectural Design of The Cannery – Almaden Road Apartments - Residential Community in San José, CA, PDC98-11-089, prepared by Barry Swenson, submitted for Council approval.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Linda Mandolini, representing Silicon Valley Manufacturing Group/Housing Action Coalition, spoke in support of the rezoning. Luther Perry spoke against the proposed rezoning. Upon motion by Council Member Shirakawa Jr., seconded by Council Member Chavez and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25812, entitled: “Ordinance of the City of San José Rezoning Certain Real Property situated at the West Side of Almaden Road, 850 Feet Southerly of Alma Avenue”, was passed for publication. Vote: 9-0-2-0. Absent: Diaz, Fiscalini.
Council Member Shirakawa Jr. left the meeting during consideration of Item 15a.
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. CEQA: Resolution No. 67245. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required. District 2. (Planning, Building, and Code Enforcement)
(Continued from 2/2/99 – Item 15a et al., and 3/16/99 – Item 15a)
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 18, 1999, stating that in approving the reorganization proposal, the City Council must make the following findings: [a] That the unincorporated territory is within the City’s Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO); [b] That the County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO Annexation Policies; [c] That the proposal does not split lines of assessment or ownership; [d] That the proposal does not create islands or areas in which it would be difficult to provide municipal services; [e] That the proposal is consistent with the City’s adopted General Plan; [f] That the territory is contiguous to existing City limits; and [g] That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area. (2) Affidavits of Mailing and Posting of the title of Resolution No. 68541 giving Notice of Hearing for Reorganization of Riverside No. 48. (3) Resolution No. 68541 initiating reorganization proceedings for annexation and detachment of certain inhabited territory designated as Riverside No. 48 and described herein, and giving notice of hearing on the proposed reorganization and written protests, adopted by City Council on November 17, 1998, and Proof of publication of Resolution No. 64541, dated January 15, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the annexation of the subject property. The following individuals spoke in favor of the annexation: Hazel Belli, Bob Rowland, Harold Wright, Douglas E. Brewer, Kay Yonemoto, Ed Parreira, Sandra Brewer, Arthur W. Alger; Steve Dunn, representing Legacy Partners Commercial; and Myron Crawford, representing Berg & Berg. Timothy Knga opposed the annexation with a request for deferral until certain issues are resolved by the Redevelopment Agency. Upon motion by Council Member Powers, seconded by Council Member Dando and unanimously carried, the public hearing was closed, and Resolution No. 68796, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Inhabited Territory Designated as Riverside No. 48 Subject to Liability for General Indebtedness of the City After Finding Protests Insufficient to Terminate Such Proceedings”, was adopted. Vote: 8-0-3-0. Absent: Diaz, Fiscalini, Shirakawa Jr.
Council Member Shirakawa Jr. returned to Council Chambers during discussion of Item 9b.
9b Public Hearing on the 1999 Consolidated Plan for the years 1995-2000, including FY 1999-2000 proposed recommendations for the Community Development Block Grant (CDBG) Program, the HOME Program, the Housing Opportunities for People with AIDS (HOPWA) Program, and the Emergency Shelter Grant (ESG) Program.
(Housing/Parks, Recreation and Neighborhood Services).
Documents Filed: (1) Memorandum from Director of Housing Alex Sanchez, and Director of Parks, Recreation and Neighborhood Services Mark Linder, dated March 18, 1999, recommending Council open for public review and comment the Hearing on the 1999 Draft Consolidated Plan for the years 1995-2000. (2) Document entitled 1995-2000 Consolidated Plan 1999 Update – Draft – dated Mach 29, 1999, prepared by the Department of Housing. (3) Undated copy of presentation on the proposed ConPlan submitted by representative from The Affordable Housing Network of Santa Clara County.
Discussion/Action: Mayor Gonzales opened the public hearing for review of and comment on the 1999 Consolidated Plan. He stated public testimony will be accepted, however, Council action will not be required at this time. Using transparencies, Director of Housing, Alex Sanchez, presented an overview of the development of the Plan and its contents, identified participating agencies, and outlined significant aspects of the process. With respect to the next steps in the process, he stated ConPlan regulations require two hearings and a 30-day review period during which a summary of the ConPlan must be published in a local newspaper. By the time the final ConPlan is submitted to U.S. Department of Housing and Urban Development (HUD) on May 15, 1999, he stated fifteen public hearings will have been held and notices will have been sent to more than 350 organizations and individuals, announcing the public process, including dates and times of hearings. He stated the objectives of the Consolidated Plan must include six components: (1) a housing and homeless needs assessment; (2) a housing market analysis; (3) an analysis of the priority needs and strategies and objectives to meet those needs, including both housing and non-housing community development needs; (4) an action plan, including a discussion of general priorities for the use of HOME, HOPWA, and ESG funds, and a list of the proposed projects to be funded under the CDBG Program; (5) certifications; and (6) a monitoring plan. He stated the City of San José would not be eligible to receive housing and community development funds – including CDBG, HOME, HOPWA, and ESG funds – from the federal government, without an approved Consolidated Plan. Approximately 35 individuals addressed Council on various aspects of the ConPlan, including the following: Gertrude Welch, Interfaith Council Housing Committee; Saul and Billie Wachter, Affordable Housing Network; Donna DiMinico, Director, Long Term Care Ombudsman Program, Catholic Charities, Alicia Carvazal; Hoang-Chi Truong and Sergio A. Lopez, East San José Community Law Center; Anabel Ibanez, South Bay Labor Council; Linda Jofuku, Executive Director, Yu-Ai Kai; Cindi Jordan, Nancy Nichols, Monique Hyatt, Nancy Aranda, Scott Wagers, Sandy Perry, Anna Jaramillo, Adrienne Lawton, Robert Lee Aames, Terri L. Bell, Christy Wong, Randi Cossette, Albert Wilburn, Community Homeless Alliance Ministry (C.H.A.M); Lilyann Brannon; Kokoa White; Kevin DeFour; Judith Wright, The San José Catholic Worker; Sylvia Sanchez; Ben Menore, Executive Director, Northside Community Center, Filipino-American; Henry Le, Dat Nguyen, Vietnamese American Council; The Reverend Vaughn Beckman, Council of Churches; Janic Whiteford, Silicon Valley Independent Living Center; Rudy Gonzales; and Cathy S. Brandhorst. Regarding housing supply, Mayor Gonzales stated the City’s Affordable Housing Policies require one-third of housing funds to be budgeted for rehabilitation and the remaining two-thirds for new housing construction; however, the City should expend as much as possible on new construction. He asked the Administration to review revenue flow in terms of how much has been designated in the past for rehabs and whether City Policy should be revised to increase the level of funding for new construction. He stated City Administration, working with the Mayor’s Office, should share the City’s ConPlan with other jurisdictions to accomplish comparable housing goals and objectives on a countywide basis. He challenged those individuals and groups who addressed Council on housing issues to present their proposals to other policymakers in Santa Clara County for the purpose of resolving housing issues on a regional basis. Council Member Chavez stated the housing activists who do not live in the downtown and have contacted the District Three Office should be included in the public outreach efforts utilized by the Department of Housing, and that District Three Staff will assist in that effort. Council Member Powers stated a homeless policy was developed several years ago and a report and recommendations presented to the City Council; however, periodic updates on the implementation of that policy have not been presented to Council. She asked the Administration to address the issues identified in that policy and provide Council with a status report. Noting Plan references to the housing needs of seniors, Council Member Woody stated one thing that has been a constant is the lack of shelters for the senior population. As the Plan progresses to completion, she recommended that Staff identify immediate or short-term systematic plans that address the shelter needs of seniors and to include the request in the One-Year Action Plan items. Mayor Gonzales expressed Council’s appreciation for the participation of City Staff, community groups and agencies in the preparation of the ConPlan, and announced the public review and comment period, which began on March 29, 1999, will end at the second Council hearing on April 27, 1999 at 1:30 p.m. in Council Chambers at City. He stated the schedule of additional opportunities for public input includes a Housing Advisory Committee hearing on Thursday, April 8, 1999 at 5:00 p.m. in the Department of Housing Conference Room, 4 North 2nd St, 9th floor; and a joint CDBG/Housing Advisory Commission hearing on Monday, April 12, 1999 at 7:00 p.m. in Room 106, City Hall. By unanimous consent, the public hearing was continued to April 27, 1999 at 1:30 p.m.
Disclosure of Closed Session Action of April 6, 1999 submitted by City Attorney, Joan R. Gallo:
A. Authority to Initiate Litigation:
Authority to initiate litigation was given in one (1) matter. The name of the action and the defendants as well as the substance of the litigation shall be disclosed to any person upon inquiry once the action is formally commenced.
Council Vote:
Ayes: Chavez, Dando, Diquisto, LeZotte, Matthews, Powers, Shirakawa Jr., Gonzales
Noes: None.
Absent: Fiscalini, Diaz, Woody
Disqualified: None.
The Council of the City of San José adjourned at 9:45 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK