The Council of the City of San Jose was scheduled to convene in Closed Session at 9:30 a.m., in Room 600. The Closed Session was cancelled and the City Council convened in regular session at 1:30 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody (arrived at 1:45 p.m.); Gonzales
Absent: Council Members: None.
Pat Wong provided a brief description of Berryessa Chinese School as the largest Chinese School in California; introduced Principal Kevin Chan and several members of the BCS Board of Directors; and invited the Cultural Performers to provide an example of the school’s activities in the form of a Mandarin dance. (District 4)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Council Member Matthews, seconded by
Council Member Dando
and unanimously carried, the Orders of the Day and the Amended Agenda
were approved. Vote: 101-0-10-0. Woody.
5a Presentation of a proclamation declaring April 19-23, 1999, as Earth Week and April 26-30, 1999, as “Clean Your Files Week”. (Environmental Services)
Documents Filed: Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Director of Environmental Services, Carl W. Mosher, accepted the proclamation on behalf of the Environmental Services Department and invited all to participate in Earth Week activities scheduled for Friday, April 23, 1999, on the lawn between the City Hall and the County Building, and on Saturday and Sunday, April 24 and 25, the Composting Exhibits in the parking lot at the corner of Guadalupe and Taylor Streets, San José, CA.
5b Approval of the “Green Business Program Pledge for Government”, in recognition of Earth Day 1999. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services,
Carl W. Mosher, dated April 1, 1999, recommending Council adopt the Green Business Program Pledge for Government
in recognition of Earth Day 1999, thereby directing municipal operations to
demonstrate environmental management leadership.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council
Member Dando and unanimously carried, the Green Business
program Pledge for Government was aCouncil approved Staff recommendation,
thereby directing municipal operations to demonstrate environmental management
leadership. Vote: 11-0-0-0.
5d Presentation of a commendation to Amy Farthing, a 1991 graduate of Gunderson High School who has coached the Gunderson Grizzly’s Cheerleading Squad from 1994 through 1999 to become nationally ranked competitors. (Dando)
(Orders of the Day 4a)
Documents Filed: : None.
Discussion/Action: Mayor Gonzales joined Council
Member Dando in the presentation of the commendation to the Henry J. Gunderson High
School alumna; introduced Amy’s family and the Gunderson Grizzly’s’ Cheerleading Varsity
Squad: Mike Adams, Kerry
Barnhill, Diana Bettencourt, Maria Cano, Cindi Carter, Ashley Gray, Jennifer
Grode, Ruben Guevara, Celyna Jimenez, Ray Jones, Dana King, Jeff Lynch, Jennifer McCormick,
Angelique McCullough, Sabrina Medfina, Leah Middleton, Tami Moore, Tyler Moore, Brianna Nalette,
Ariane Nool, Ray Palma, Tiffany Perry, Aimee Peters, James Phelps, Nicole Reynolds,
Lori Robbins, Jenny Rodgers, Heidi Simpson, Kenan Smith, Nicole Stone, Janine Stovall,
Bobby Ulloa, Ryan Villanueva, Jenny Middleton, and Sharon Decanay. Council Member
Dando ; and invited the guests to stand and
be recognized.
Council Member Woody entered Council Chambers at 1:45
p.m.
Upon motion by Council MemberVice Mayor Fiscalini,
seconded by Council Member Powers and unanimously carried, the Consent
Calendar was approved and the below listed actions were taken as indicated.
Vote: 11-0-0-0.
6b(1) ORD. NO. 25803 – Amends 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.
Documents Filed: : Proof of publication of the title of Ordinance No.
25803, dated April 13, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25803 was adopted. Vote: 11-0-0-0.
6b(2) ORD. NO. 25806 – Rezones certain real property situated on the northerly terminus of Sanchez Drive, on the south side of State Route 85. PDC 98-09-070
Documents Filed: Proof of publication of the title of Ordinance No. 25806, dated April 13, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25806 was adopted. Vote: 11-0-0-0.
6b(3) ORD. NO. 25807 - Rezones certain real property situated on the southeast corner of Sierra and Piedmont Roads. PDC 98-11-092
Documents Filed: Proof of publication of the title of Ordinance No. 25807, dated April 13, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25807 was adopted. Vote: 11-0-0-0.
6b(4) ORD.
NO. 25808 - Rezones certain real property situated on the west side of Technology
Drive, southerly of Airport Parkway. PDC 97-11-083
Documents Filed: Proof of publication of the title of Ordinance No.
25808, dated April 13, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25808 was adopted. Vote: 11-0-0-0.
6b(5) ORD. NO. 25809 – Rezones certain real property situated on the southeast corner of 12th Street and Hedding Street. C 99-02-014
Documents Filed: Proof of publication of the title of Ordinance No.
25809, dated April 13, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25809 was adopted. Vote: 11-0-0-0.adopted.
6b(6) ORD. NO. 25810 - Rezones certain real property situated on the southeast corner of South Fifth Street and Martha Street. PDC 98-10-078
Documents Filed: None.
Discussion/Action: This item was dDeferred to April 04/27, 19/99.
6b(7) ORD. NO. 25811 - Rezones certain real
property situated on the southwesterly corner of Senter Road and Diamond Heights
Drive. PDC 99-02-010
Documents Filed: Proof of publication of the title of Ordinance No.
25811, dated April 13, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25811 was adopted. Vote: 11-0-0-0adopted.
6b(8) ORD. NO. 25812 - Rezones certain real
property situated on the west side of Almaden Road, 850 feet southerly of Alma
Avenue. PDC 98-11-089
Documents Filed: Proof of publication of the title of Ordinance No. 25812, dated April 13, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25812 was adopted. Vote: 11-0-0-0.adopted.
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)
[Deferred from 4/13/99 – Item 6c(1)]
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 25, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68809, “Resolution of the Council of the City of San José Approving Certain Maps Showing Those Portions of Chynoweth Avenue Easterly of Pearl Avenue Which Said Council Proposes to Vacate; Directing the City Clerk to File Said Maps in the Office of the City Clerk, Describing Said Street to be Vacated; Setting a Public Hearing Thereon; and Directing Notice Thereof to be Posted”, was adopted. Vote: 11-0-0-0.
6c(2) Adoption of a resolution initiating an ordinance amending Part 9 of Chapter 20.08 and repealing Section 20.04.509 of the San José Municipal Code to establish new permitting requirements for temporary outdoor uses of private property, setting a public hearing on June 15, 1999, at 7:00 p.m. and referring said ordinance to the Planning Commission for their review and comment. (City Attorney’s Office)
(Rules/Agency Rules Committee referral 4/14/99)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated April 14, 1999, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 68810, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings to Amend Part 9 of Chapter 20.08 and to Repeal Section 20.04.509 of Title 20 of the San José Municipal Code to Establish New Permitting Requirements For Temporary Outdoor Uses of Private Property, 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: 11-0-0-0.
6d(1) TRACT NO. 9096 – North side of Hillsdale Avenue, 200 feet easterly of Old Almaden Road – Kaufman and Broad – South Bay, Inc., a California Corporation (Developer) – 34 single family detached residential units. Adoption of a resolution approving the final map for Tract No. 9096. CEQA: Resolution No. 67894. District 6. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 14, 1999, recommending Council adopt said resolution for Tract No. 9096.
Discussion/Action: Resolution No. 68811, entitled: “A Resolution of the Council of the City of San José Approving and Accepting the Final Map of Tract No. 9096”, was adopted. Vote: 11-0-0-0.
6e(1) Approval of a second amendment to the consultant agreement with David J. Powers and Associates for environmental analysis of Airport projects, increasing the compensation by $40,000, from $95,000 to $135,000. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth,
dated March 31, 1999, recommending Council approve the second amendment to said consultant
services agreement.
Discussion/Action: William J. Garbett spoke against the proposed action.
The second amendment
to the consultant services agreement with David J. Powers and Associates was
aApproved and its execution authorized. Vote: 11-0-0-0.
6e(2) Adoption of a resolution authorizing the continuation of the Commercial, Industrial, and Institutional Ultra Low Flow Toilet Voucher Program and approval of related appropriation ordinance and funding sources resolution amendments in various funds in the amount of $150,000. CEQA: Exempt. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services Carl W. Mosher, and Budget Director Larry D. Lisenbee, dated April 1, 1999, recommending Council adopt said resolution and ordinance amending the appropriation ordinance and sources resolution in specified funds. (2) Letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson Bob Livengood, dated April 9, 1999, recommending approval of said program and adoption of an amendment to the annual appropriation ordinance and source resolution.
Discussion/Action: This item was renumbered to Item 6f(6). See item 6f(6) for Council action taken.
6e(3) Approval to terminate negotiations with World Environmental Services and Technology, Inc. (WEST) and approval of a consultant agreement with H.T. Harvey and Associates for the Moseley Tract Restoration Project for the period May 1, 1999, to December 31, 2000, in an amount not to exceed $90,000, and for additional services in an amount not to exceed $20,000, for a total agreement amount not to exceed $110,000. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 1, 1999, recommending Council approve the termination of negotiations with World Environmental Services and Technology, Inc, and approve said consultant services agreement with H.T. Harvey and Associates. (2) Letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson Bob Livengood, dated April 9, 1999, recommending approval to terminate said negotiations and approval of said consultant agreement.
Discussion/Action: Termination of negotiations with Approved.World Environmental Services
and Technology, Inc. was approved and award of the consultant services agreement to H.T. Harvey and Associates
was approved and execution of the agreement
authorized. Vote: 11-0-0-0.
6e(4) Report on bids and approval of award of contract for the construction project entitled “San Jose/Santa Clara Water Pollution Control Plant, FY 1997/98 Capital Improvement Program, Transmission Pump Station Cover, Card Key Reader, Camera, and Electrical Building Ceiling Upgrades” to the low bidder, Anderson Pacific Construction, Inc., in the amount of $253,000 and approval of a contingency in the amount of $50,000. CEQA: Exempt (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 1, 1999, recommending Council accept the report on bids and approve award of said contract to the low bidder. (2) Letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson Bob Livengood, dated April 9, 1999, recommending approval of said report on bids and award of said contract.
Discussion/Action: The report on bids was accepted and award of the contract
to Anderson Pacific Construction, Inc., the low bidder, was aApproved and execution of the contract authorized. Vote: 11-0-0-0.
6e(5) Report on bids and approval of award of contract for the construction project entitled “San Jose/Santa Clara Water Pollution Control Plant, FY 1997/98 Capital Improvement Program, Railcar Platforms and Cover” to the lowest responsive bidder, Rushford Construction Co., Inc., in the amount of $202,089 and approval of a contingency in the amount of $40,000. CEQA: Exempt.
(Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 1, 1999, recommending Council accept the report on bids and award said contract to the lowest responsive bidder. (2) Letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson Bob Livengood, dated April 9, 1999, recommending approval of the report on bids and award of said contract.
Discussion/Action: the report on bids was accepted,
award of the contract to Rushford Construction, Inc., the lowest responsive
bidder, was approved, and execution of the contract authorized. Vote: 11-0-0-0Approved.
6e(6) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 #26, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve
S. Yoshino, dated April 1, 1999, recommending Council approve said open purchase
orders list, and authorize the Director of General Services to execute the purchase
orders.
Discussion/Action: The award of open purchase orders List No. 26 for FY 1998-99 was approved
and execution of the purchase orders authorizedApproved. Vote: 11-0-0-0.
6e(7) This item was removed from the Consent Calendar and considered separately.
6e(7) Approval
of a five-year lease agreement with Clem Perrucci for the use of 20,480 square
feet of space at 1302 North Fourth Street for the Police Training Unit at an
initial monthly rent of $31,129.60 per month for the first year of the lease,
increasing annually to a maximum of $35,340.40 per month during the final year
of the lease. (Public Works)
Documents Filed:
Discussion/Action: Council
(a) accepted the report and approved the five-year lease agreement with Clem
Perrucci; (b) directed Staff to accelerate discussions on long-term solution
for permanent Police/Fire training facility and schedule on 05/11/99 Council
Agenda a status report on the consultant study; and (c) referred to the Budget
Process funding for implementation of proposals recommended in the study. Noes:
Chavez, Diaz, Fiscalini, Shirakawa Jr.
6e(8) 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)
[Deferred from 4/13/99 – Item 6e(2)]
Documents Filed: None.
Discussion/Action: This item was dDeferred to April 04/27, 19/99.
6f(1) Approval of an ordinance amending Section 1.18.040 of Chapter 1.18 of Title 1 of the San José Municipal Code to clarify the scope of hearings before a designated body regarding amounts owed to the City or proposed imposition of a lien.
(City Attorney’s Office)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated April 5, 1999, recommending Council approve said ordinance.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25814, entitled: “An Ordinance of the City of San José amending Section 1.18.040 of Chapter 1.18 of Title 1 of the San José Municipal Code to Clarify the Scope of Hearings Before a Designated Body”, was passed for publication. Vote: 11-0-0-0.
6f(2) Acceptance
of the Office of Economic Development Report of Activities for the period July
1, 1998 to December 31, 1998. (Economic
Development)
Documents Filed: Memorandum from Director of Economic Development, Leslie S. Parks, dated April 1, 1999, recommending Council accept the activities report.
Discussion/Action: Council Member Diaz spoke in support of the staff recommendation
and asked for a
referral of the status report to the ECDC for review. Council accepted the
Office
of Economic Development Report of Activities Report and referred
to the Economic and Community Development Committee the staff report for discussion.
Vote: 11-0-0-0.
6f(3) Approval
of Stanley Williams as the Governmental Representative to the Board of Directors
of the Silicon Valley Pollution Prevention Center for a term ending in December
2002, and Chris Elias as the Business/Industrial Representative for a term ending
December 2002. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 1, 1999, recommending Council approve the reappointment to the Board of Directors of The Silicon Valley Pollution Prevention Center.
Discussion/Action: The appointments were aApproved. Vote: 11-0-0-0.
6f(4) Adoption of a resolution in support of the “Do Graffiti-Lose Your License” and “Adopt-A-Block” anti-graffiti campaigns. (Mayor)
(Rules/Agency Rules Committee referral 4/14/99)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated April 20, 1999, attaching a memorandum sent to Rules Committee that requested Council adoption of a resolution supporting anti-graffiti campaigns. (2) Memorandum from Council Member Dando, dated April 15, 1999, submitting additional information on anti-graffiti campaigns for Council consideration.
Discussion/Action: Resolution No. 68812, entitled:
“A Resolution of the Council of the Ccity of San José
In Support of ‘Do Graffiti - Lose Your License’ and ‘Adopt-A-Block’ Graffiti
Deterrent Efforts”, was adopted. Vote: 11-0-0-0.
6f(5) Approval of City Auditor Gerald Silva’s travel to Brea, CA, April 21, 1999, to attend the California Municipal Treasurers Association annual conference and to Los Angeles, California, April 28, 1999, to attend the Association of Government Accountants education conference at a cost to the City of approximately $68.
(City Auditor)
(Orders of the Day 4b)
Documents Filed: Letter from City Auditor, Gerald A. Silva, dated April
12, 1999, submitting an updated travel calendar covering the period from January through June of 1999.
Discussion/Action: The City Auditor’s travel request was aApproved. Vote: 11-0-0-0.
6f(6) Adoption
of a resolution authorizing the continuation of the Commercial, Industrial,
and Institutional Ultra Low Flow Toilet Voucher Program and approval of related
appropriation ordinance and funding sources resolution amendments in various
funds in the amount of $150,000. CEQA: Exempt. (Environmental Services)
Documents Filed: None.
Discussion/Action: This item was renumbered from Item 6e(2). Resolution No. 68813, entitled: “A Resolution of the Council of the City of San José Authorizing the Continuation of the Commercial, Industrial, and Institutional Ultra-Low Flow Toilet Voucher Program”; Ordinance No. 25815, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the San José-Santa Clara Treatment Plant Operating Fund in the Amount of $150,000 for Continuation of the Commercial, Industrial, and Institutional (CII) Ultra-Low Flush Toilet Voucher Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 68814, 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 San José-Santa Clara Treatment Plant Operating Fund”, were adopted. Vote: 11-0-0-0.
6e(7) Approval
of a five-year lease agreement with Clem Perrucci for the use of 20,480 square
feet of space at 1302 North Fourth Street for the Police Training Unit at an
initial monthly rent of $31,129.60 per month for the first year of the lease,
increasing annually to a maximum of $35,340.40 per month during the final year
of the lease. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph
A. Qualls, Jr., dated April 1, 1999, recommending Council approve said lease
agreement.
Discussion/Action: This item was removed from the Consent Calendar by Council Member Diaz who requested a one-week deferral to allow Staff additional time for clarification of some of the concerns related to the amount and the terms of the lease, the impact on current City plans for the development of a Police/Fire training facility, and the locations of other facilities considered by Staff. Deputy Police Chief Adonna Amoroso stated the San José Police Department is required by State regulations to provide sworn police officers with 20 hours of continuous training updates annually. She stated the Department must provide this training and other mandated training to approximately 1,800 people, and that the Department’s current training facility is inadequate; to augment the Training Unit’s space needs, the Department has been utilizing a portion of the FMC facility on Coleman Avenue. She stated FMC has notified the Police Department to vacate the Coleman Avenue premises by the end of April 1999, as the property has been sold and planned for commercial development. She stated the Department’s various training needs are met by using several sites including Moffett Field on a temporary basis, the parking lot at Great America Park, and the Santa Clara County shooting range. She stated the Department along with Police Training staff has since July of 1998 inspected several sites and determined the North Fourth Street facility to be the best available site for training purposes. She described the cost implications for the five-year lease for the 20,480 square feet of space, noted the monthly rental rate and the inclusion of $60,000 for tenant improvements. She stated the lease contains a provision that allows the City to terminate the agreement upon 90-days written notice, and in the event of early termination under that provision, the lease would require the City to reimburse the landlord for the unamortized portion of the tenant improvements costs. She responded to a number of questions and asked Council to approve the five-year lease agreement at an initial monthly rent of $31,000 per month for the first year of the lease, increasing annually to a high of $35,000 per month during the final year of the lease. Noting opposition to the lease as proposed, Vice Mayor Fiscalini suggested a two-year lease with renewal options at the same rate, and expressed concerns regarding the $2-million dollar expenditure for the lease compared to that needed by the City to acquire or construct a dedicated training facility. He stated the five-year lease and exorbitant costs are unacceptable; and absent a thorough analysis of the long-term possibilities to acquire appropriate training facilities, he would not support the proposal. He further suggested the Administration determine whether the property owner of the North Fourth Street property is interested in a lease/purchase arrangement or an out-right sale of the property. Council Member Woody emphasized the need to proceed with the proposed lease as an interim solution, which would allow the Police Department to continue officer training in accordance with current schedules, with direction to Staff to accelerate plans for permanent state-of-the-art training facilities for public safety personnel training. She stated the Training Unit must vacate FMC premises within 30 days, and compared to other locations surveyed by the Department, the North Fourth Street accommodations satisfy the Department’s training, parking and security needs, and tenant improvements are minimal. She recommended Council accept the report and approve Staff recommendation with direction to Staff to continue to search for ways to address the challenges of the long-term solutions for a permanent City-owned training facility. In response to Council Member Powers’ inquiry regarding the adequacy of the Evergreen College Public Safety Training Facility, Deputy Police Chief Amarosa stated the site is designated for police academy training with no availability for Police Officer and special tactical team training on a continuous basis. She stated the City has appropriated in excess of $200,000 to fund a training center master plan study to determine present and future training facility requirements of the Departments of Police and Fire and to commission consultant services to assist in developing comprehensive delivery strategies. With respect to the findings and recommendations in the consultant report, Council Members LeZotte and Dando agreed that Council should move forward today on the proposed lease agreement, and direct Staff to arrange for the consultants to present a status report to Council within the next six months, and to refer to the Mayor’s Budget Process the appropriation of funds necessary to implement the recommendations for a training center that meets the needs identified in the study.
Upon motion by Council Member Woody, seconded by Council Member Dando and carried, (a) the report was accepted; (b) the five-year lease agreement with Clem Perrucci was approved and execution of the contract authorized; (c) Staff was directed to accelerate discussions on long-term solutions for permanent Police/Fire training facilities and to schedule on the May 11, 1999 Council Agenda a status report on the consultant study; and (d) referred to the Budget Process identification of funding for implementation of proposals contained in the study. Vote: 7-4-0-0. Noes: Chavez, Diaz, Fiscalini, Shirakawa, Jr.
7b Report of the Rules/Agency Rules Committee – Meeting of April 7, 1999
Documents Filed: Rules/Agency Rules Committee Report of April 7, 1999.
(1) Redevelopment Agency Agenda
(a) Review April 20, 1999 Agenda
No Redevelopment Agency Board meeting scheduled for April 20, 1999.
(b) Add New Items to April 13, 1999 Amended Agenda
The Committee recommended two additions to the April 13, 1999 Redevelopment Agency Board Agenda.
(2) City Council Agenda
(a) Review April 20, 1999 Agenda
The Committee approved the April 20, 1999 City Council Agenda with one change.
(b) Add New Items to April 13, 1999 Amended Agenda
The Committee recommended five additions to the April 13, 1999 City Council Agenda.
(3) Meeting Schedules
None presented.
(4) The Public Record. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated April 1, 1999, listing the items transmitted to the Administration for the period March 24-30, 1999. (2) Memorandum from Council Liaison, Norberto L. Dueñas, dated April 7, 1999, summarizing the actions taken on items transmitted to the Administration and the items filed for the Public Record for the period March 24-30, 1999.
The Committee noted and filed the Public Record for the period March 24-30, 1999.
(5) Report back on request for funding a neighborhood park required by a proposed residential development
The Committee deferred this item to April 14, 1999 meeting.
(6) Request to use Council General funds to attend a League of California Cities Board of Directors meeting in Riverside, CA, April 15-18, 1999. Attachments: (1) Memorandum from Council Member Woody, dated March 31, 1999, requesting authorization for use of Council General funds to attend the League of California Cities’ Board of Directors Meeting in Riverside, CA.. (2) Memo-randum from City Clerk, Patricia L. O’Hearn, dated March 31, 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 Woody to attend the League of California Cities Board of Directors Meeting in Riverside, CA, April 15-18, 1999.
(7) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(a) Request for referral of taxi industry related issues. Attachment: Memorandum from Council Member Powers, dated March 31, 1999, requesting Rules Committee refer to the Transportation and Environment Committee certain taxi industry related issues.
The Committee referred this item to the Administration for a report back to the Rules Committee on April 21, 1999 with an assessment of the time and resources involved to complete the request.
(8) Oral communications
William Garbett commented on taxi industry issues.
(9) Adjournment
The meeting was adjourned at 2:15 p.m.
Discussion/Action: UTpon motion by Vice Mayor Fiscalini,
seconded by Council Member Powers and unanimously carried, the Rules/Agency
Rules Committee Report and actions of April 7, 1999 were accepted. Vote: 11-0-0-0.
7e Report of the Transportation and Environment Committee – April 8, 1999
(1) Consent Calendar
(2) Airport Master Plan Implementation Program
(a) Annual Status Report on the Airport Master Plan
(b) Annual Report on Airline Compliance with the Airport Noise Control Program
(c) Report on Evaluation of Aircraft Noise Monitoring System Locations
(3) Status Report on Guadalupe Gardens Master Plan
(4) Report and Recommendation for Proposed Woodburning Ordinance
(5) Street Landscape Maintenance – Annual Report
(6) Oral petitions
(7) Adjournment
Documents Filed: None.
Discussion/Action: This item was deferred to April 27, 1999.
9a (1) Designate the team of D. W. Sivers Company and The Hoop USA, Inc. as the successful candidate from the City’s Request for Qualifications process for the potential development and operation of an indoor court sports facility at the City-owned property located near the southwest corner of Tully Road and Kenoga Drive.
(2) Authorization for staff to enter into exclusive negotiations with the Sivers team for the purposes of preparing a design for the proposed facility and proposed business terms for Council consideration.
(City Manager’s Office)
(Deferred from 12/15/98 – Item 9b et al., and 3/30/99 – Item 9e)
Documents Filed: Supplemental memorandum from Senior Deputy City Manager, Darrell Dearborn, dated April 15, 1999, submitting the final report and recommendations regarding indoor court sports facility project on Tully Road.
Discussion/Action: Senior Deputy City Manager Darrell Dearborn summarized background information on the development and operation of an indoor court sports facility in San José, and elaborated on the progress made on redevelopment of the Fairgrounds and the impacts on City services of proposed Fairgrounds redevelopment plans. He stated the March 3, 1999 meeting between the City and County representatives and project consultants tentatively identified several acres of land on the south side of the Fairgrounds property on Umbarger Road for development of a public-private indoor sports facility similar to the City’s Tully Road project; however, the County has neither finalized plans for the specific facility that may be located on this site nor identified the business terms of a relationship it would seek with a private partner. Predicated on the meetings with County Administration, he stated City Staff has resumed the evaluation of other city-owned properties that may be suitable for the indoor court sports facility, and recommends the preservation of the Tully Road property as the preferred location for the little-league complex or other higher priority community uses, when identified. He stated City Staff would report to Council prior to June 1, 1999 regarding alternative sites identified among City-owned properties suitable for the indoor sports facility. With respect to potential annexation of the Fairgrounds to the City of San José, he stated County Planning Staff issued on April 6, 1999 the Notice of Preparation of the environmental impact report for the proposed redevelopment plan, which EIR will be completed and presented for certification within nine to twelve months thereafter and would provide the necessary information about new development on the Fairgrounds; furthermore, the completed EIR would provide Council with pertinent information to sustain a policy decision either in support of or in opposition to the annexation. He stated the Staff recommendation that Council determine the Tully Road property previously designated for development as an indoor court sports facility should not be approved for that use, but should remain available for other potential uses of benefit to the community. He recommended Council defer its decision to enter into negotiations with the team of D.W. Sivers Company and The Hoop USA, Inc. for development and operation of an outdoor court sports facility until later in the year, in order to determine if there is an alternate City-owned site that may be suitable for the facility. Ross Signorino spoke on the proposed action. As a point of clarification, Council Member Shirakawa, Jr. stated the priorities for the property should include little league activities and possible library site usage. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, the team designation and contract negotiations with the team were deferred indefinitely; the Staff recommendation to preserve the Tully Road property as the preferred location for a sports complex or other higher priority community uses, was approved; and City Staff was directed to report back no later than June 1, 1999 regarding identification of alternate sites suitable for indoor sports facility. Vote: 11-0-0-0.
9b Report on bids and award of contract for the construction of the Oakland Road Bridge Replacement at Coyote Creek Project to the low bidder, R. M. Harris Co., in the amount of $3,409,536, and approval of a contingency in the amount of $170,000. CEQA: ND (Public Works)
Documents Filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 14, 1999, recommending Council accept the report on bids and award said contract to the low bidder, R.M. Harris Co., and approve said contingency. (2) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 1, 1999, recommending Council accept the report on bids and award said contract to the low bidder.
Discussion/Action: Upon motion by Council Member Matthews, seconded by
Council Member Dando and unanimously carried, the report on bids was accepted
and the award of contract to R.M. Harris Co., the low bidder,
was aApproved and its execution authorized. Vote: 11-0-0-0.
9c Report on bids and 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, O’Grady Paving, Inc. in the amount of $1,213,750. CEQA: Exempt.
(Streets and Traffic)
(Deferred from 4/13/99 – item 9f)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated April 13, 1999, recommending Council accept the report of bids and award said contract to the low bidder, O’Grady Paving, Inc.
Discussion/Action: upon motion by Vice Mayor Fiscalini,
seconded by Council Member Powers and unanimously carried, the report on bids
was accepted, award of the contract to O’Grady Paving, Inc., the low bidder,
was approved, and its
execution authorized. Vote: 11-0-0-0.Approved.
9d (1) 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 et al., and 4/13/99 – Item 9h)]
(2) 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) et al., and 4/13/99 – Item 6e(8)(a)]
(3) (a) 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 in the total amount of $1,161,000, for the Fire Station No. 27 Relocation Project.
[Deferred from 4/13/99 – Item 6e(8)(b)]
(b) Adoption of a related resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements.
(City Manager’s Office)
Documents Filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 9, 1999, recommending Council accept the report on bids and award said contract and approve said contingency. (2) Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated April 9, 1999 and March 11, 1999, both recommending Council approval of the amended and restated agreement with Shea Homes. (3) Memorandum from Budget Director, Larry D. Lisenbee, dated April 1, 1999, recommending Council approve said appropriation ordinance and funding sources resolution amendments in the Fire Construction and Conveyance Tax Fund and in the City-Side Redevelopment Fund.
Discussion/Action: Upon motion by Council Member Powers, seconded by
Council Member Shirakawa, Jr. and unanimously
carried, the report
on bids was accepted and award of contract to
the Eddie Torrez Construction Company, Inc., the
low bidder, was
aApproved and its execution authorized;
the
amended and restated agreement with Shea Homes, was approved and its execution authorized; Approved. Ordinance No. 25816, entitled: “An Ordinance of the City
of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Fire Protection
Construction and Conveyance Tax Fund and the Services for Redevelopment Capital
Projects Fund in the Total Amount of $1,161,000 for the Fire Station 27 Relocation
Project; and Providing That This Ordinance Shall Become Effective Immediately
Upon Adoption”; Resolution No. 68815, 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 Fire
Protection Construction and Conveyance Tax Fund and the Services for Redevelopment
Capital Projects Fund”; and Resolution No. 68816, entitled: “A Resolution of
the Council of the City of San José Making Certain Determinations Consistent
With 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.
9e 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 4/13/99 – Item 9i)
Documents Filed: (1) Memorandum from Mayor Gonzales,
dated April 8, 1999, recommending Council adopt the Mayor’s proposal for storm
sewer rate fee structure. (2) Memorandum from City Attorney, Joan R. Gallo,
dated April 19, 1999, responding to Council questions concerning the changes in the
City’s storm sewer
rates and how
they will affect mobilehome park rents.
(3) Memorandum from Acting City Manager, Debra J. Figone, dated April 15, 1999, attaching the staff report proposing storm sewer service
rate structure revisions submitted by Director of Environmental Services Carl
W. Mosher, Director of Public Works Ralph A. Qualls, Jr., and Director of Streets and Traffic
Wayne K. Tanda. (4) Addendum to Storm Sewer Service
Charge Study, prepared by Brown and Caldwell, dated April of 1999,
and presented to the City Council on January 28, 1999.
Discussion/Action: Director of Environmental Services, Carl W. Mosher, presented a comprehensive summary of the report on the storm sewer service rate structure revisions. Beginning with the February 9, 1999 meeting of the City Council, during which the revisions were considered, he stated the Administration has been working to further clarify the rate setting methodology and impacts for each customer class, reviewing program expenditures and the potential for program efficiencies and reductions, and developing a range of revenue and budget alternatives for Council consideration. With the use of transparencies, he discussed in detail the purpose of the rate study and the Storm Sewer Service Charge program; displayed comparisons of 8 elements in the February 9 Model to that of the current FY 1998-99 fee schedule; and explained the rates proposed for flat-rate and acreage-based billings for the property classes. He recommended the acceptance of the Storm Sewer Service Charge Study Report developed by Brown and Caldwell, consultants for the City, and approval of the rate restructuring methodology outlined in the Report. He asked that the Administration be allowed to prepare one public notice of proposed rate revisions based on the new rate structure, a Storm Sewer Service Charge Program budget of $13.3 million, and provision for a rate increase of up to 15% in FY 2000-01 and up to 6% in FY 2001-02, and report back to Council, after completing a thorough review of the program, on additional efficiencies and recommendations for future mitigation of program costs as part of the FY 2000-01 Budget Process. He stated the Council could determine the actual rate increase(s) required during the regular budget process, which could be less, but not more than the noticed percentage. He pointed out the next steps to be taken, should Council approve the Administration’s recommendation during today’s meeting, beginning April 20 through April 30, 1999 with the mailing of notices to all property owners; the public hearing on June 15 or June 22, 1999 for public testimony on rate structuring and approval of the ordinance implementing the restructuring; the approval of the rate resolution on June 29, 1999 by the City Council; culminating with the City Council providing Santa Clara County with final information to include new rates on property tax statements on August 10, 1999. As a point of clarification, Senior Deputy City Manager, Darrell Dearborn, stated the recommended $13.3 million service level option is intended to be revenue neutral when compared with the present fee structure; however, during FY 1999-2000, the Administration will perform a thorough analysis of services, particularly those necessary to maintain compliance with the municipal storm sewer discharge permit, to determine the most cost-effective and efficient method for delivering these services. He stated the analysis would be accomplished prior to any recommendation to increase fees and revenue. He stated the $13.3 million service level option is not sufficient to maintain current service levels and will not be sustainable in the future. David S. Wall and William J. Garbett spoke against the proposed actions. Mayor Gonzales commended Staff on their outstanding work in addressing the changes to the City’s storm sewer rate structure and in responding to Council questions and concerns. He stated Staff has evaluated and prepared a revised rate structure that is lower than the original proposal, and has described some operational efficiencies in response to questions from the Council. Noting his opposition to the final recommendation of City Staff, he stated the Environmental Services Division must undertake a more comprehensive review to ensure that the storm sewer program is operating at peak efficiency, and that before any consideration is given to increasing fees, the City must exhaust all efforts to reach maximum efficiency for the Program. In response to Council Member LeZotte’s inquiry regarding dissemination of the rate structure information to Mobilehome parks and owners, Director of Environmental Services Carl W. Mosher stated the memorandum from the City Attorney will be forwarded to the Mobilehome Advisory Commission for consideration at its next regularly scheduled meeting. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Staff report was accepted; the recommendation as proposed by Mayor Gonzales in the April 8, 1999 memorandum regarding the Storm Sewer Rates (a) to adopt a storm sewer rate fee structure that will not increase current revenues above the budgeted amount for the program; and (b) to direct that Staff undertake a major review of the storm sewer program to ensure it is operating at peak efficiency, was approved; and City Attorney Gallo’s April 19, 1999 memorandum regarding the impact of Storm Sewer Rate restructuring on Mobilehomes was referred to the Mobilehome Advisory Commission for dissemination to Mobilehome owners and occupants. Vote: 11-0-0-0.
9f 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)
(Deferred from 4/13/99 – Item 9j)
Documents Filed: (1) Memorandum from Director of Aviation, Ralph G. Tonseth, dated April 7, 1999, recommending authorization for the Mayor to send a letter in response to the request from the Chair of the Santa Clara County Board of Supervisors. (2) Memorandum from San José Airport Commission, dated April 8, 1999, recommending Council inform the Santa Clara County Board of Supervisors of the City’s adopted policy position to negotiate for the sponsorship and operation of Reid-Hillview Airport and immediately direct City staff to enter into good faith discussions with the County to determine if an outright purchase is possible.
Discussion/Action: Mayor Gonzales stated the City Council accepted at its April 13, 1999 meeting the staff report and the recommended Draft proposed by the Mayor’s Office to the Chair of Santa Clara County’s Board of Supervisors. He stated the comments from the City Council, Staff and the public have been appropriately incorporated in the Supplemental Draft that was distributed to Council earlier this week, and emphasized to Council that the proposed letter to Supervisor McHugh is but one of several documents that will be transmitted to the County Board of Supervisors on the subject. The following individuals spoke on various issues related to the operation of Reid-Hillview Airport: Sharon Sweeney, Chair, San José Airport Commission; Susan Larson, AOPA; Duane Allen; Owen DeLong; and John Blair, speaking on behalf of the Coalition for Responsible Airport Management Policy (CRAMP). Council Members posed additional questions and concerns related to the timeline for completing the County Airports Master Plan; the number of aircraft that must be moved out of shelters to open or outdoor tie-downs and the applicable timeframe during which that must be accomplished; the composition of the Task Force working with County Administrative Officers and Staff on the appropriate master planning process; the development of mechanisms to systematically inform all interested parties of the progress; and the vagueness of Council Policy relative to the City’s role in the future of Reid-Hillview. Council Member Matthews suggested the Administration submit to the Transportation and Environment Committee monthly status reports on the progress of the suggested primary goal. Council Member Woody stated the negative impacts on District 8 residents and businesses should be addressed. She suggested the addition of an objective for providing greater emphasis on quality of life issues affecting citizens surrounding Reid-Hillview Airport and provisions that would balance the needs of the community. For the public record, she emphasized the existence of three reliever airports that must be included in the County Airports Master Planning structure; that the restaurant at Reid-Hillview should be renovated and reopened; and that the facility’s landscaping should be restored. Council Member Chavez supported the master planning process and opposed the proposal and the failure of San José to consider other reliever airports to reduce the number of transportation aircraft at San José International. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and carried, the new letter with the addition to the Supplemental to Replacement to Attachment I to Mayor Gonzales’ response to the Board of Super-visors was approved with the addition of an item denoting greater emphasis on quality of life issues and negative impacts on residents surrounding Reid-Hillview Airport, and referred to the Transportation & Environment Committee Agenda process the scheduling of a monthly Status Report on Airport Master Plan issues. Vote: 10-1-0-0. Noes: Chavez.
9g Request
that the Mayor send a letter on behalf of the City Council to Governor Davis
requesting that the California National Guard armories remain open to the homeless
population year round. (Chavez,
Dando, Diquisto, LeZotte)
(Rules/Agency Rules Committee referral 4/14/99)
Documents Filed: None.
Discussion/Action: This item was dDeferred to April 04/27, 19/99.
9h Adoption
of appropriation ordinance and funding sources resolution amendments in the
Construction Excise Tax Fund to provide an additional $1,660,792 for the Cisco
Traffic Mitigation Project for right-of-way acquisition expenses on Cisco Way,
north of River Oaks Drive. (City
Manager's Office)
(Orders of the Day 4c)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee,
dated April 16, 1999, recommending Council adopt said appropriation ordinance and funding sources resolution
amendments in the Construction Excise Tax Fund.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council
Member Powers and unanimously carried, Ordinance No. 25817, entitled:
“An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate
Moneys in the Construction Excise Tax Fund In the Amount of $1,660,792 fFor
the Cisco Traffic Mitigation Project for Right-Of-Way Acquisition Expenses on
Cisco Way, North of River Oaks Drive; and Providing That This Ordinance Shall
Become Effective Immediately Upon Adoption”; and Resolution No. 68817, 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 Construction Excise Tax Fund”, were adopted. Vote:
11-0-0-0.
10a PUBLIC
HEARING and approval of an ordinance establishing an Underground Utility District
at the Rose Garden on Naglee Avenue, between Park Avenue and Garden Drive. CEQA:
Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 14, 1999, recommending Council conduct the public hearing and approve said ordinance.
Discussion/Action: This item was dDropped.
Vice Mayor Fiscalini left the meeting during discussion of Item 11a.
The Redevelopment Agency Board convened at 3:45 p.m. to consider Item 11a in a joint session with the City Council.
11a (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 and 4/13/99 – Item 9g)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated April 15, 1999, recommending Council approve the Administration’s recommendation with specific changes. (2) Memorandum from Director of Housing, Alex Sanchez, dated April 9, 1999, recommending Council approve the proposed Plan and direct the Administration to develop a Housing Action Team that will streamline the approval and development process for affordable housing projects. (3) Memorandum from Budget Director, Larry D. Lisenbee, dated April 2, 1999, recommending Council adopt said appropriation ordinance amendments in the Low and Moderate Income Housing Fund, and authorize the Housing Department to add six additional positions that will assist with the production of affordable housing. (4) Copy of comments on the Five-Year Housing Investment Plan presented by representatives of the Affordable Housing Network.
Discussion/Action: Noting the revised projections showing large Redevelopment Agency Tax Increment increases over the coming years, and the continuing affordable housing crisis in the Santa Clara Valley, Director of Housing, Alex Sanchez, stated the Housing Department was directed by the City Council at the October, 1998 meeting to develop a Five-Year Spending and Operations Plan for FY 1999-2004. He stated the Plan includes a 50% increase in affordable housing projection, which will begin on July 1, 1999, and at the Mid-year Budget Process, appropriation of funds reserved for additional staff to support this increase. He reviewed the Housing Tax Increment increases spanning the next five years, and project development and housing rehabilitation efforts from 1995 to the year 2004. With respect to Paint Grants, he stated the City Council directed the Housing Department to increase the production for FY 1998-99 and provided the Department with additional funding and staff support, which completed an average of 875 units for 1995, estimated for FY 1998-99 the completion of 1,250 units, and for subsequent years, projected 1,250 units to be completed annually. He described the Housing Programs, and with the use of transparencies, displayed several types of projects funded—Family Rental, Senior Rental For-Sale Attached Housing, In-fill New Construction, Single Room Occupancy (SRO), Transitional Housing, Shelters, Housing for the Disabled, and Purchase/Rehabilitation Housing. He pointed out the Administration’s commitment to work as a team to fund affordable housing loans, process necessary development permits, inspect construction, and expedite notices of completion for all developments approved by the City Council. He stated the Department’s production numbers in the Staff Report are based on Fund Reservations, since the City is a public purpose lender funding loans and providing financing to projects; Fund Reservations is the only accurate method that can be used to measure performance, and projects that are funded by the City require two or more years to realize. He stated the key factors which impact production include companion financing from outside sources, such as the Low Income Housing Tax Credits, tax-exempt private activity bonds--which will continue to be increasingly competitive; clearly the most visible factors are the availability and cost of land, developer capacity to produce the units, and fee waivers and tax exemptions provided by the Council which should be maintained. He stated the Housing spending Plan for Fiscal Year 1999-2004 includes more than $242 million that will be committed for 15,200 new and improved housing units in the City of San José. He recommended Council approve the Five-Year Spending and Operations Plan, which details the sources of funding anticipated to be available for the City’s affordable housing programs, the use of the funds, and the resulting housing production numbers, and direct the Administration to develop a Housing Action Team that will streamline the approval and development process for affordable housing projects. The Mayor’s Budget and Policy Director Joe Guerra concurred with the Administration’s recommendations with the following changes: (1) Define a “unit as completed unit of new construction/adaptive reuse with a Certificate of Occupancy. (2) Set the annual goal by applying the 50% growth factor to the average units certified for occupancy in the previous three years. (3) Recalculate the unit goal annually to reflect realized growth. (4) Direct the Administration and the Redevelopment Agency staff to return to Council with these new figures for approval within thirty (30) days; further direct the Administration to include in that report affordable units that are produced through Redevelopment Agency activities both for determining the past three-year averages and determining goals for production. (5) Hold the transfer of the $4.925 million for the Housing Department until item number four is approved by the Council. (6) Direct all Council Appointees that the members of the Housing Action Team should have as their number-one priority the production of units and that any policies or practices that slow down that process should be reviewed. (7) Direct the Administration to refer the issue of use of 80% supplemental funds to the Economic & Community Development Committee for discussion and recommendation back to the Council. The following individuals spoke on various aspects of the Five-Year Housing Plan: Saul and Billie Wachter, and Phyllis Ward, representing Affordable Housing Network; Gertrude Welch, representing The Interfaith Council on Religion, Race, Economic & Social Justice; Chris Block, representing Catholic Charities; and Ross Signorino. In response to Council Member LeZotte’s question on the use of 80% or 20% funds utilized for the replacement of housing lost to the development of the Civic Center expansion, City Attorney Gallo stated the legal issues will be investigated and a report presented to Council in a future meeting. Council Member Chavez stated the old housing stock, rehabilitated, is a viable tool and if units are rendered unsuitable for occupancy, by what means will the number of units be replaced. Regarding Item #7 of the Mayor’s recommendation, Council Member Diaz requested an additional referral to the E&CD Committee of the use of the housing funds to support the Revitalization Strategy. Upon motion by Council Member Diaz, seconded by Council Member Diquisto and unanimously carried, the Five (5) Year Spending and Operations Plan for the Housing Department was approved with changes proposed in Mayor Gonzales’ April 15, 1999 memorandum on the Five-Year Housing Plan and the Administration directed to develop a Housing Action Team; Ordinance No. 25818, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 Which Appropriates Moneys in the Low and Moderate Income Housing Fund (Fund 433) in the Amount of $215,592 to Implement a New Five-Year Spending and Operations Plan to Increase the Production of Affordable Housing; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted; and the Neighborhood Revitalization Strategy to identify funding mechanisms for housing needs was referred to the Economic and Community Development Committee. Vote: 10-0-1-0. Absent: Fiscalini
The Redevelopment Agency Board adjourned at 4:55 p.m.
Cathy S. Brandhorst spoke on various subjects; and Bill Chew commented on cable TV programming.
Following Oral Communications, Council recessed at 5:05 p.m. and reconvened at 7:00 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody.
Absent: Council Members: Mayor Gonzales (excused).
5c Presentation of a proclamation declaring Sunday, April 25, 1999, “Cesar E. Chavez Day”. (Diaz)
(Rules/Agency Rules Committee referral 4/14/99)
Documents Filed: None.
Discussion/Action: Joined by Vice Mayor Fiscalini
and Council Member Chavez at the Podium, Council Member Diaz introduced the
Chavez family and presented the proclamation to Librado Chavez, who invited all to participate in the commemoration march on Sunday, April 25, 1999 at
12:30 p.m., beginning
at Cesar E. Chavez Elementary School and ending at Plaza de Chavez across from the Fairmont
Hotel in downtown San José. .
Assistant City Clerk Nancy Alford read the requests for continuances of applications and other actions as recommended. Upon motion by Council Member Matthews, seconded by Council Member Dando and unanimously carried, the below noted continuances and other actions were granted. Vote: 10-0-1-0. Absent: Gonzales.
15a PUBLIC HEARING ON AN ORDINANCE amending Title 20 to the San José Municipal Code by amending Section 20.28.410 to include poolrooms as a conditional use in the C-2 Commercial district.
(Planning, Building, and Code Enforcement). Citywide
Documents Filed: None.
Discussion/Action: This item was dDropped and will be r – To Be
Re-noticed.
15b PUBLIC
HEARING ON AN ORDINANCE amending Title 20 to the San José Municipal Code by
inserting Section 20.08.125 to limit the amount of impervious surface in the
front setback on lots in all R-1 Residence districts. Citywide
Documents Filed: None.
Discussion/Action: This item was dropped and will be renoticed Dropped
– To Be Renoticed.
15c PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the southwest and southeast corner of Yerba Buena Road and Silver Creek Valley Road, from A(PD) Planned Development to A(PD) Planned Development, to allow 30 single-family detached residences on 13.66 gross acres (Ryland Homes/Greenbriar Homes, Owner/Developer). CEQA: Negative Declaration.
PDC 98-08-055 - District 8
(Continued from 11/17/98 – Item 15l et al., and 3/16/99 – Item 15d)
Documents Filed: : None.
Discussion/Action: This item was cContinued to May 05/118, 19/99.
15d PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at th