The Council of the City of San Jose convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr.; Gonzales.
Absent: Council Members: Woody (excused).
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In re Williams, and (2) City of San José vs. Finnigan Properties, Inc.; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in two matters involving significant exposure to litigation.
By unanimous consent, Council reconvened from the Closed Session, recessed at 11:42 a.m., and reconvened at 1:31 p.m. in the Council Chambers.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members: None.
Tricia Anaya and Eran Leschauer, San José Conservation Corps, read their letters to President Clinton, requesting funding are retained for programs such as the San José Conservation Corps’ YouthBuild Program. Council Member Matthews recognized Duane Knox of YouthBuild, who was in the audience. (District 4)
Mayor Gonzales led the Pledge of Allegiance.
Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, Item 6c(1) was deferred to April 20, 1999, and the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
5a Presentation of plaque to Jacqueline M. Peoples for 1 year 3 months service on the Human Rights Commission. (Mayor)
Documents filed: None.
Discussion/Action: Mayor Gonzales stated a plaque will be sent to Jacqueline M. Peoples, who were unable to be present, and commended her for service on the Human Rights Commission.
Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.
6a(1) Adjourned Regular Meeting of February 19, 1998
Documents filed: Minutes of February 19, 1998.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
6b(1) ORD. NO. 25798 – Rezones certain real property situated at the northerly terminus of Pfeiffer Ranch Road. PDC 98-01-005
[Deferred from 3/30/99 – Item 6b(1)]
Documents filed: Proof of publication of title of Ordinance No. 25798 submitted by the City Clerk.
Discussion/Action: Ordinance No. 25798 was adopted. Vote: 11-0-0-0.
6c(1) Adoption of a resolution of intention to vacate those portions of Chynoweth Avenue easterly of Pearl Avenue, and setting a public hearing on May 4, 1999 at 1:30 p.m. (Public Works)
Documents filed: None.
Discussion/Action: This item was deferred to April 20, 1999.
6d(1) TRACT NO. 9098 – North side of Hillsdale Avenue, 200 Feet easterly of Old Almaden Road – Kaufman and Broad – South Bay, Inc., a California Corporation (Developer) – 39 single-family detached residential units. Adoption of resolutions approving the plans, final maps, and contract for Tract No. 9098. CEQA: Resolution No. 67894. District 6. (Public Works)
(Rules Committee referral 4/7/99)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 5, 1999, recommending adoption of said resolutions.
Discussion/Action: Resolution No. 67897, 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. 9098”; Resolution No. 68798, 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. 9098”, and Resolution No. 68799, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9098”, were adopted. Vote: 11-0-0-0
6e(1) Adoption of a resolution authorizing the City Manager to execute a first amendment to the grant agreement with the Federal Aviation Administration (FAA) for land acquisition, relocation costs, and clearance of land parcels in the Coleman Loop area, increasing the amount of the grant by $323,757, from $3,458,761 to $3,782,518, to accept the grant if awarded, and to execute all related documents. CEQA: Resolution No. 45493. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated March 25, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68800, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute an Amendment to the Grant Agreement for AIP 26 with the Federal Aviation Administration for Land Acquisition, Relocation Costs, and Clearance of Land Parcels in the Coleman Loop Area, Increasing the Amount of the Grant by $323,757 to a Total of $3,782,518 and to Accept the Grant Increase”, was adopted. Vote: 11-0-0-0.
6e(2) Approval of a consultant agreement with Black and Veatch for professional consulting services for the study of sanitary sewer related fees for the period April 13, 1999 to August 31, 2000, in an amount not to exceed $240,000. (Environmental Services)
Documents filed: None.
Discussion/Action: This item was deferred to April 20, 1999.
6e(3) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 25, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents filed: (1) Memorandum from Acting Director of General Services, Lynn Macy, dated March 25, 1999, recommending approval of said open purchase orders. (2) Letter from the Treatment Plant Advisory Committee dated April 9, 1999, stating concurrence with the Staff recommendation.
Discussion/Action: The award of open purchase orders List No. 25 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(4) Approval of award of purchase of 187 Sig-Sauer 9 mm handguns for the Police Department to the low bidder, San Diego Police Equipment Co., at a total cost of $109,201.13, including tax, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents filed: Memorandum from Lynn Macy, Acting Director of General Services, dated March 25, 1999, recommending the award of said purchase to the low bidder, San Diego Police Equipment Co.
Discussion/Action: Council Member Matthews requested Staff provide Council with an informational memorandum, which explains the City’s policies for the disposition of weapons, which are no longer, used by the Police Department. The award of purchase to the low bidder, San Diego Police Equipment Co., was approved and the Director of General Services was authorized to execute the purchase orders. Vote: 11-0-0-0.
6e(5) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Catholic Charities for youth programs in the Washington area for the period January 1, 1999, to June 30, 1999, in an amount not to exceed $260,000. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 6, 1999, recommending adoption of said resolution.
Discussion/Action: Council Member Chavez requested Staff to review with Catholic Charities potential options involving the PeaceBuilder Program at the new site and report to her office. Resolution No. 68801, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Catholic Charities to Continue Programs for the Washington Youth Center, for the Term January 1, 1999 Through June 30, 1999, in a Total Amount Not to Exceed $260,000”, was adopted. Vote: 11-0-0-0.
6e(6) Approval of a continuation agreement for consultant services for the North San José Rincon De Los Esteros Storm Drain Master Plan with A-N West, Inc., extending the term of the agreement from January 16, 1999 to July 16, 1999, revising the scope of work, and increasing the amount of compensation by $100,000, from $225,000 to an amount not to exceed $325,000. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 25, 1999, recommending approval of said agreement with A-N West, Inc.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. The continuation agreement with A-N West, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
6e(7) Adoption of a resolution approving an agreement with Jesus Gonzalez-Esparza and Soccorro Gonzalez for the purchase of a parcel of land and a Right-of-Entry to adjoining land located along McLaughlin Avenue between Appian Lane and William Street, in the amount of $14,250, and authorizing the Director of Public Works to execute the necessary documents to complete the transaction. CEQA: ND. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 25, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68802, entitled: “A Resolution of the Council of the City of San José: (i) Approving an Agreement with Jesus Gonzalez-Esparza and Soccorro Gonzalez for Purchase of a Parcel of Land and a Right of Entry to Adjoining Land Located Along McLaughlin Avenue Between Appian Lane and William Street in the Amount of $14,250.00; (ii) Authorizing the Director of Public Works to Execute All Necessary Documents to Complete the Transaction”, was adopted. Vote: 11-0-0-0.
6e(8) (a) 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) and 4/6/99 – Item 6e(12)]
(b) Adoption of appropriation ordinance and funding sources resolution amendments in the Fire Construction and Conveyance Tax Fund and the Services for Redevelopment Capital Projects Fund to provide additional funding for the Fire Station No. 27 Relocation Project. (City Manager’s Office)
Documents filed: None.
Discussion/Action: This item was deferred to April 20, 1999.
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 $273,120, and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements. (City Manager’s Office)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee dated April 1, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action Ordinance No. 25813, 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 Total Amount of $273,120 for Artwork Installation at the Center for Performing Arts Project, Public Art Administration, Rule 20A Undergrounding Program and New Branham Lane Construction Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 68803, entitled, “A Resolution 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 Revenue in the Services for Redevelopment Capital Projects Fund”, and Resolution No. 68804, entitled: “A Resolution of the Council of the City of San José Making Certain Determinations Consistent with the California Health and Safety Code Section 33445 with Regard to Funding by the Redevelopment Agency of the City of San José of Certain Fees or Costs Incurred by the City in Fiscal Year 1998-99 in Connection with Certain Public Improvements”, were adopted. Vote: 11-0-0-0.
6f(2) Approval of Council Member Margie Matthews travel to Toronto, Ontario, Canada, May 24-27, 1999, to represent the City of San José as a board member of the Valley Transportation Authority at the American Public Transit Association conference. Funding: Valley Transportation Authority. (Fernandes)
Documents filed: None.
Discussion/Action: The travel for Council Member Matthews was approved. Vote: 11-0-0-0.
6f(3) Approval of Council Member Charlotte Powers’ travel to Houston, TX, April 11-12, 1999, for on site due diligence of investment manager and real estate property.
Documents filed: None.
Discussion/Action: The travel for Council Member Powers was approved. Vote: 11-0-0-0.
6f(4) Approval of Council Member Alice Woody’s travel to Houston, TX, April 12, 1999, for on site due diligence of investment manager and real estate property. Funding: Police and Fire Retirement Board. (Woody)
Documents filed: None.
Discussion/Action: The travel for Council Member Woody was approved. Vote: 11-0-0-0.
6f(5) Approval of Council Member Linda J. LeZotte’s travel to Toronto, Canada, May 25-27, 1999, to attend the APTA Commuter Rail/Rapid Transit Conference. Funding: Valley Transportation Agency. (LeZotte)
Documents filed: None.
Discussion/Action: The travel for Council Member LeZotte was approved. Vote: 11-0-0-0.
6f(6) Adoption of a resolution supporting the acquisition of the Alma College property by a public agency for the creation of the Bear Creek Redwoods Regional Preserve. (Mayor)
Documents filed: Memoranda from Mayor Gonzales, dated April 7, 1999, recommending a draft resolution for Council’s consideration.
Discussion/Action: Resolution No. 68805, entitled: “A Resolution of the Council of the City of San José in Support of Bear Creek Redwoods Regional Preserve’, was adopted. Vote: 11-0-0-0.
7b Report of the Rules/Agency Rules Committee – March 31, 1999
Vice Mayor Fiscalini, Chair
Documents filed: Rules/Agency Rules Committee report of March 31, 1999.
(1) Redevelopment Agency Agenda
(a) Review April 13, 1999 Agenda
(b) Add New Items to April 6, 1999 Amended Agenda
Discussion/Action: Item 1 heard by the Redevelopment Agency.
(2) City Council Agenda
(a) Review April 13, 1999 Agenda
The Committee approved the April 23, 1999 Redevelopment Agency agenda.
(b) Add New Items to April 6, 1999 Amended Agenda
The Committee recommended three additions to the April 6, 1999 City Council agenda.
(3) Meeting Schedules
There were none.
(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated March 25, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period March 17-23, 1999.
The Committee noted and filed the Public Record.
(5) Report back on request for upgrade of Phelan Avenue between 7th and 10th Streets. Attachment: Memorandum from Norberto L. Dueñas, Assistant to the City Manager/Council Liaison, dated March 29, 1999, responding to Council Member Shirakawa, Jr.’s request dated March 4, 1999, for a survey of costs and feasibility of upgrading Phelan Avenue between Seventh and Tenth Streets.
The Committee accepted Council Liaison Norberto Duenas’ report that stated Staff can incorporate Council Member Shirakawa, Jr.’s request into their Workplan without significant impacts to other assignments or need for additional resources.
(6) Report back on request to proceed with development of proposed Bellevue Park. Attachment: Memorandum from Norberto L. Dueñas, Assistant to the City Manager/Council Liaison, dated March 29, 1999, responding to Council Member Shirakawa, Jr.’s request dated March 10, 1999, for coordination between the Administration and Redevelopment Agency on development of the proposed park.
The Committee accepted Council Liaison Norberto Duenas’ report that stated Parks, Recreation and Neighborhood Services Staff can incorporate Council Member Shirakawa, Jr.’s request into their Workplan without significant impacts to other assignments or need for additional resources.
(7) Report back on request to identify funds for relocation assistance for two unreinforced masonry buildings located outside the Redevelopment area. Attachment: Memoranda from Council Member Woody, dated March 15, 1999, requesting use of Council General Funds. (2) Memorandum from City Clerk Patricia O’Hearn, dated March 26, 1999, summarizing the use of Council General Travel Budget to date.
The Committee deferred this item to the April 14, 1999 Rules Committee meeting.
(8) Request to use Council General funds to attend a League of California Cities Policy Committee meeting in Los Angeles, March 26, 1999.
The Committee approved the use of Council General Funds by Council Member Woody to attend the League of California Cities Transportation, Communications and Public Works Policy Committee Meeting.
(9) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(10) Oral communications
There were none.
(11) Adjournment
The meeting was adjourned at 2:15 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules/Agency Committee report and actions of March 31, 1999, were accepted. Vote: 11-0-0-0.
7c Report of the Finance and Technology Committee – March 31, 1999
Council Member Woody, Chair
Documents filed: Finance and Technology Committee minutes of March 31, 1999.
(1) Budget Proposals for Council Appointees. Attachment: (1) Memorandum from Mayor Gonzales, dated March 24, 1999, making recommendations for Council Appointee Budgets.
(a) City Attorney – Fast Track Report. Attachment: (1) Memorandum from City Attorney Joan R. Gallo, dated March 25, 1999, submitting the Annual Revenue, Fast Track and Status Report. (2) Budget Reduction Proposals for FY 1999-2000, submitted by the City Attorney’s Office.
(b) City Auditor. Attachment: Memorandum from City Auditor Gerald A. Silva, dated March 3, 1999, submitting FY 1999-2000 Budget Proposals.
(c) City Clerk. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated March 15, 1999, submitting FY 1999-2000 Budget Proposals.
(d) City Manager. Attachment: Memorandum from Acting City Manager, Debra J. Figone, dated March 17, 1999, submitting FY 1999-2000 Budget Proposals.
(e) Civil Service Commission. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated March 15, 1999, submitting FY 1999-2000 Budget Proposals
(f) Independent Police Auditor. Attachment: Memorandum from Teresa Guerrero-Daley, dated February 25, 1999, submitting FY 1999-2000 Budget Proposals.
The Committee accepted the Council Appointee Budgets along with the questions, amendments and referral noted.
(2) Budget proposals for the Office of The Mayor and City Council. Attachment: Memorandum from Mayor Gonzales, dated March 24, 1999, recommending FY 1999-2000 Proposed Budgets for the Office of the Mayor and City Council.
The Committee accepted the Mayor’s Budget Office’s recommendations for the Office of the Mayor and City Council.
(3) Oral petitions
William Garbett spoke on the effectiveness of the Director of Telecommunications’ position and on his request for an independent audit of the Redevelopment Agency.
Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member Fiscalini and unanimously carried, the Finance and Technology Committee report and actions of March 31, 1999, were accepted. Vote: 11-0-0-0.
9a Adoption of a resolution:
(1) Approving business terms for an acquisition/predevelopment loan of up to $3,072,000 to JSM Enterprises Inc., or its designated partnership, for the development of a 96-unit housing project affordable to low and very low-income seniors on a 1.76 acre site located on the southeast corner of Piedmont and Sierra Roads.
(2) Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.
(3) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.
(Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated March 25, 1999, recommending adoption of said resolution.
Discussion/Action: Memorandum from Council Member Matthews, seconded by Council Member Fiscalini and unanimously carried, Resolution No. 68806, entitled: “A Resolution of the Council of the City of San José (i) Approving Up to $3,072,000.00, for an acquisition and Predevelopment Loan to JSM Enterprises Inc., or its Assignee, for the development of a 96-unit housing project affordable to low and very low income persons and families, (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loan on Behalf of the City, and (iii) Finding that the Use of 20% Housing Funds for the Subject Project is a Benefit to the Redevelopment Project Areas in San José”, was adopted. Vote: 11-0-0-0.
9b Adoption of a resolution authorizing the issuance of two (2) series of multifamily housing revenue bonds, tax-exempt and taxable, in the combined principal amount not to exceed $22,400,000, and approval of a loan of the proceeds to a limited partnership created by Fairfield Residential LLC for the financing of the acquisition and rehabilitation of The Gardens Apartments Project located at 5150 Monterey Road including:
(1) Approving in substantial form the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Multifamily Note, Mortgage, Assignment of Mortgage Loan, Composite Contract of Purchase, Official Statement, and Remarketing Agreement; authorizing the Directors of Finance and Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.
(2) Approval of an exception to the City’s Investment Policy to allow the proceeds of the Bonds and the repayment of the Mortgage Loan to be invested in one (1) or more investment agreements with an institution(s) whose participation in the financing will not adversely affect the expected.
(3) Authorizing the City Attorney to negotiate and execute an agreement with the Law Offices of Leslie M. Lava and Nossaman, Guthner, Knox & Elliott for bond counsel and tax counsel services in an amount not to exceed $85,000.
(Housing/Finance)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, and Director of Finance, John V. Guthrie, dated March 25, 1999, recommending adoption of said resolution.
Discussion/Action: Stan Herskovitz, representing the applicants, Fairfield Residential LLC, spoke in support of the project. Council Member Powers expressed concerns about having three major low income projects within one-half mile of each other and the resultant impact on the schools and neighborhood and stated she hopes those involved can work positively to resolve any problems. Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, Resolution No. 68807, entitled: “A Resolution of the Council of the City of San José Authorizing the Issuance of Multifamily Housing Revenue Bonds and the Loan of the Proceeds Thereof for the Financing of the Gardens Apartments and Approving the Other Related Documents and Actions in Connection Therewith”, was adopted. Vote: 11-0-0-0.
9c Approval of the Second Quarter Monitoring Report for the FY 1998-99 Community Development Block Grant (CDBG) Program. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 25, 1999, transmitting the Second Quarter Monitoring Report for the FY 1998-99 CDBG Program.
Discussion/Action: Council Member Woody noted that the African-American Cultural Center has to apply for reimbursements by April 30, 1999 and asked that they receive specific notification of the deadline other than through the monitoring report, and Staff was asked to inform Council when the notification has been sent. Mayor Gonzales expressed concerns about the number of agencies that miss their deadlines and offered assistance from his office to help remedy that situation. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Fiscalini, and unanimously carried, the report was approved and the direction to Staff was as indicated. Vote: 11-0-0-0.
9d Report on bids and award of contract for the East San José Sanitary Sewer Rehabilitation Phase I Project to the lowest responsive bidder, Pacific Underground Construction, Inc., in the amount of $1,108,994, and approval of a contingency in the amount of $110,000. CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 25, 1999, recommending approval of said award of contract to the lowest responsive bidder, Pacific Underground Construction, Inc.
Discussion/Action: Thad Corbett, representing the applicant, Pacific Underground Construction, Inc., spoke in support of the project. Upon motion by Council Member Diaz, seconded by Council Member Fiscalini, and unanimously carried, the award of contract and approval of said contingency to the lowest responsive bidder, Pacific Underground Construction, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
9e Approval of the first amendment to the Pensions Gold Software Development Agreement with Levi, Ray & Shoup, Inc. (LRS) to provide software development services to the retirement boards for implementation of a pension administration system and increase maximum compensation to $311,050. (Retirement Boards)
Documents filed: Memorandum from Retirement Board of Administration, dated March 24, 1999, recommending approval of a first amendment to said agreement.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the first amendment to said agreement with Levi, Ray & Shoup, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
9f Approval of award of contract for the FY 1998-99 Remove and Replace Asphalt Concrete Pavement 1999 Project to repair approximately 50,000 square yards of asphalt concrete along various arterial roadways to the low bidder. CEQA: Exempt. (Streets and Traffic)
Documents filed: None.
Discussion/Action: This item was deferred to April 20, 1999.
9g (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)
(Deferred from 4/6/99 – Item 9c)
Documents filed: None.
Discussion/Action: This item was deferred to April 20, 1999.
9h 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 and 4/6/99 – Item 9f)
Documents filed: None.
Discussion/Action: This item was deferred to April 20, 1999.
9i 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 4/6/99 – Item 9g)
Documents filed: None.
Discussion/Action: This item was deferred to April 20, 1999.
9j Discussion on response to the letter from Pete McHugh, Chair of the Santa Clara County Board of Supervisors, on the development of the County Airports Master Planning Structure. (Airport)
(Rules Committee referral 4/7/99)
Documents filed: See the April 20, 1999 City Council minutes for documents filed.
Discussion/Action: Mayor Gonzales recommended the issue be deferred to next week, following public testimony, and Council Member comments. Sharon Sweeney, San José Airport Commission Chair, stated when the Commission recommended proceeding with the Airport Master Plan following expansion of air cargo and carrier operations, it did so with the explicit expectation that the displaced general aviation aircraft would be accommodated at County airports, in particular Reid-Hillview, Therefore, on behalf of the San José Airport Commission, she requested that before any decisions, recommendations, or perspectives are made in response to Supervisor McHugh’s request, the City Council and Board of Supervisors should meet in open session to discuss whether San José should deal with these issues, and possibly acquire Reid-Hillview Airport from the County. Carole Jewett spoke in opposition to the closing of the Reid-Hillview Airport. Jim Harper, Chair of the Chamber of Commerce Aviation Committee, spoke in support of the Staff recommendation. Steve Tedesco, San José Metropolitan Chamber of Commerce, asked Council to reaffirm the City’s commitment to improving Reid-Hillview. Susan Larson, representing the Aircraft Owner and Pilot Association, spoke in support of the City pursuing how best to acquire and operate the R-H Airport. Duane Allen spoke in support of maintaining Reid-Hillview. John Blair, Coalition for Responsible Airport Management & Policies, spoke in support of improvements to Reid-Hillview. Council Member Powers stated the City had made a commitment to the general aviation community to provide equivalent space at a reliever airport necessitated by construction of the second runway and taxiway at San José International Airport. She stated Council should maintain the integrity of its policy as stated in the Resolution adopted in 1998 by unanimous vote and what role the City wants to play in Reid-Hillview should be clearly delineated in the response to the Santa Clara County Board of Supervisors. In reply to her question about whether the Federal Aviation Administration was pursued as a funding source, Aviation Director Tonseth stated preliminary discussions had been held with the FAA about the ability to use airport enterprise funds at another airport, specifically Reid-Hillview, and Staff has a fairly broad implication that it would be permitted because Reid-Hillview is a reliever to San José International. Council Member Matthews stated that for purposes of discussion for next week, she would like Council to have as much information as possible to make an intelligent decision and asked that whatever information Staff can provide would be helpful. Mayor Gonzales stated the City should consider long-term impacts such as unknown costs in any approach to the County about taking on a facility, which the County has operated for a many years. Referencing his past support for keeping Reid-Hillview open, he stated the Council will work to find a solution that is best for San José International Airport and the residents of both San José and Santa Clara County. By unanimous consent, the item was deferred to April 20, 1999. Vote: 11-0-0-0.
10a (1) Adoption of a resolution revising Recycle Plus (RP) service rates for services beginning July 1, 1999:
(a) Increasing the single-family dwelling 32-gallon cart base rate 4% from $14.95 to $15.55 per month and the related RP rates accordingly.
(b) Increasing multi-family dwelling rates 3%.
(2) Adoption of a resolution revising the Commercial Solid Waste Collection Franchise Fee for services beginning July 1, 1999:
(a) For each uncompacted cubic yard collected, increase rate 17.8% from $2.41 to $2.84 per cubic, exempting the first 24,600 cubic yards.
(b) For each compacted cubic yard collected, increase rate from $7.23 to $8.52 per cubic yard.
(3) Direction to include in the 1999-2000 Schedule of Fees and Charges a decrease in the Commercial Solid Waste AB 939 Fee effective July 1, 1999:
(a) For each uncompacted cubic yard collected, decrease rate 30.5% from $1.44 to $1.00 per uncompacted cubic yard collected.
(b) For each compacted cubic yard collected, decrease rate from $4.32 to $3.00 per cubic yard.
(Environmental Services)
Documents filed: None.
Discussion/Action: This item was deferred to May 4, 1999.
The Council convened the Redevelopment Agency at 2:20 P.M. to consider item 11a in a joint session.
11a Adoption of resolutions:
(1) By the Agency Board approving adjustments to the Agency’s FY 1998-99 Capital Budget; and,
(2) By the Agency Board amending the Agency FY 1998-99 appropriation resolution.
(3) By the Agency Board authorizing the Executive Director to negotiate and execute an amendment to the cooperation agreement with the City to provide Agency acquisition assistance of up to $710,000 for the property at 184 South Eleventh Street, and providing for the transfer of these funds to the City Housing Department as a supplement to the 20% Housing Fund upon final approval of the rehabilitation plans.
(Redevelopment Agency)
(4) By the City Council approving business terms for an acquisition, construction, and permanent loan of up to $710,000 and a grant of up to $710,000 to InnVision of Santa Clara Valley for a 26-room SRO housing project, affordable to very low-income persons and households, at 184 South Eleventh Street. (Housing)
(5) By the City Council Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City. (Housing)
(Deferred from 3/30/99 – Item 11a)
Documents filed: (1) Memoranda from Agency Executive Director, Frank M. Taylor, dated March 12, 1999, recommending the Agency Board adopt said resolution. (2) Memorandum from Housing Director Alex Sanchez, dated March 11, 1999, recommending the City Council adopt said resolution. (3) Memorandum from Council Member Chavez, dated April 13, 1999, recommending conditions, which the City should place on the proposed loan.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Council Member Chavez stated there has been a lot of concern in the neighborhood surrounding this property, the proliferation of group homes and problems encountered with group homes. In response to requests from the community for support in terms of maintaining the integrity of the intent of the proposal, she moved Council approve the loan grant with the findings and conditions specified in her memorandum dated April 13, 1999, i.e., (1) The City finds that: (a) the City has provided loans for SRO’s that accommodate adults; (b) the need remains for transitional housing to accommodate the significant number of homeless children; (c) consequently, the purpose of the city loan is to provide housing for parents with children; and (2) The Council directs that the City’s loan department include the following conditions: (a) that the loan be accelerated if at any time the project does not operate as an accommodation for parents with children; (b) that the City will have the right to require replacement of the property management for cause; (c) that the property cannot be assigned to another operator without prior approval by the City; and (d) that no recorded or unrecorded liens or encumbrances on the property other than the City’s deed of trust will be permitted without prior approval by the City. Council Member Dando seconded the motion. City Attorney Gallo clarified that the action involved a loan and not a property acquisition. On a call for the question, the motion carried unanimously and Agency Resolution No. 4660, approving adjustments to the Agency’s FY 1998-99 Capital Budget; Agency Resolution No. 4661, amending the Agency FY 1998-99 appropriation resolution; Agency Resolution No. 4662, authorizing the Executive Director to negotiate and execute an amendment to the cooperation agreement with the City to provide Agency acquisition assistance of up to $710,000 for the property at 184 South Eleventh Street, and providing for the transfer of these funds to the City Housing Department as a supplement to the 20% Housing Fund upon final approval of the rehabilitation plans, were adopted; and City Resolution No. 68808, entitled: “A Resolution of the Council of the City of San José (I) Finding a Special Need for the Funding of this SRO Housing Project; (II) Approving the Business Terms for a Combined Acquisition, Construction and permanent Loan and Grant of up to $1,420,000 to InnVision of Santa Clara Valley for a 26-Room SRO Housing Project, Affordable to Very Low-Income Persons and Households, at 184 South Eleventh Street; and (III) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents on Behalf of the City”, were adopted. Vote: 11-0-0-0.
The City Council adjourned the Redevelopment Agency Board Portion of the meeting at 2:25 p.m.
(1) Liz Odom addressed Council in opposition to relocating City Hall.
(2) Mark Abinante spoke in opposition to moving City Hall.
(3) Ross Signorino spoke about the Recycling Program.
(4) Cathy Brandhorst spoke on taxation issues.
The Council of the City of San José adjourned at 2:30 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L.
O’HEARN, CITY CLERK