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., Woody; Gonzales.
Absent: Council Members: Powers (excused).
Upon motion unanimously adopted, Council recessed at 9:30 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) Preservation Action Council of San José v. City of San José, et al.; (2) City of San José v. Sao, et al.; (3) Broussard, et al. v. City of San José, et al, and (4) San Francisco Baykeeper v. California State Water Resources Control Board, et al.; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation and one matter regarding the initiation of litigation.
By unanimous consent, Council reconvened from the Closed Session, recessed at 9:32 a.m., and reconvened at 11:20 a.m. in the Council Chambers.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members: None.
Council Member Matthews led in a moment of silence in memory of those who lost their lives in the Littleton, Colorado school shooting. (District 4)
Mayor Gonzales led the Pledge of Allegiance.
Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Woody.
5a Acknowledgment and presentation of certificates to the Outstanding Volunteers for 1999 in celebration of National Volunteer’s Week. (City Manager’s Office)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined by Acting City Manager Debra Figone to recognize Outstanding Volunteers who are involved in over 20 major citywide programs. Senior Executive Assistant to the City Manager Bob Allen recognized the following program leaders: Dr. Beth Hamilton, Police Department VOLT Program; Kambiz Kamfirouzi, Police Department; Eleanor Peeler, General Services Department; HOPE Rehabilitation, Human Resources Department; Sharon Roth, Police Department; LeyVa Community Action Team, Streets & Traffic; Nancy Kludt, June Pretzer, and Rick Armbrust from Parks, Recreation and Neighborhood Services; Fred Oehm, Fire Department; James Lick High School, Parks, Recreation and Neighborhood Services; and Candy Magana, Library.
5b Recognition of awards received by the Department of Parks, Recreation and Neighborhood Services from the California Park and Recreation Society Annual Training Conference. (City Manager’s Office)
(Rules/Agency Rules Committee referral 4/21/99)
Documents filed: None.
Discussion/Action: Mayor Gonzales introduced Mary Bates Huntley, President of District IV, California Park and Recreation Society, to present awards to the Department of Parks, Recreation and Neighborhood Services Director Mark Linder, who recognized winners in the following categories: Office of Therapeutics for outstanding therapeutic recreation program with its Northern California Junior Sports Camp for Children with Disabilities; the Neighborhood Development Center for its promotional packet; Project Crackdown for best safety program, and for the designation of “Best of the Best” in the recreation and community services category.
5c Presentation of a commendation to the Archbishop Mitty High School Monarchs Women’s Basketball Team who culminated their most successful season by winning the 1998-1999 California Interscholastic Federation Division I State Championship. (LeZotte)
(Rules/Agency Rules Committee referral 4/21/99)
Documents filed: None.
Discussion/Action: Council Member LeZotte joined Mayor Gonzales at the podium for presentation of a commendation to the Archbishop Mitty High School Monarchs Women’s Basketball Team in recognition of their winning the 1998-1999 California Interscholastic Federation Division I State Championship, under the leadership of Athletic Director Chuck Purdy, Coach Sue Phillips Chargin, and Assistant Coach Matt Haniger. The players honored were Junior Rometra Craig, Senior Kerri Nakamoto, Junior Aimee Grzyb, Senior Domenica Curran, Junior Danielle Cotton, Junior Simone Hicks, and Sophomore Kristin Iwanaga.
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) Regular Meeting of March 16, 1999
Documents filed: Minutes of March 16, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
6a(2) Regular Meeting of March 23, 1999
Documents filed: Minutes of March 23, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
6a(3) Regular Meeting of March 30, 1999
Documents filed: Minutes of March 30, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
6b(1) ORD. NO. 25810 - Rezones certain real property situated on the southeast corner of South Fifth Street and Martha Street. PDC 98-10-078
[Deferred from 4/20/99 – Item 6b(6)
Documents filed: (1) Memorandum from City Attorney Joan R. Gallo, dated April 26, 1999, responding to issues raised by Council Member Chavez. (2) Proof of publication of title of Ordinance No.25810, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25810 was adopted Vote: 11-0-0-0.
6e(1) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 #27 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 8, 1999, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List No. 27 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(2) Approval of Contract Change Order No. 4 for the Story Road Median Island Decorative Paving Project with Collishaw Construction, Inc. for a credit to the City in the amount of $160,360, for a total contract amount of $1,206,544. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 8, 1999, recommending approval of said Contract Change Order with Collishaw Construction, Inc.
Discussion/Action: William Garbett commented that runoff from the median sprinkler systems was running into the streets and storm drains at night and suggested the sprinkler system be monitored. Mayor Gonzales asked Staff to monitor the situation. The Contract Change Order with Collishaw Construction, Inc. was approved and its execution authorized, and the issue of sprinkler runoff was referred to the Administration. Vote: 11-0-0-0.
6e(3) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with DKS Associates for the design and implementation of the Guadalupe Light Rail Signal Re-Timing Project in an amount not to exceed $160,000. (Streets and Traffic)
Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated April 8, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68818, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with DKS Associated for Services Related to the Retiming of Certain Traffic Signals Within the Guadalupe Light Rail Corridor in an Amount Not to Exceed $160,000”, was adopted. Vote: 11-0-0-0.
6e(4) Approval of the following amendments to the agreement with KPMG LLP for audit services:
(a) To perform the Annual Financial Statement Audit for a fee not to exceed $463,504 for fiscal year 1998-99.
(b) To perform the Annual South Bay Dischargers Audit for a fee not to exceed $2,110 for fiscal year 1998-99.
(c) To perform the Annual Clean Water Financing Authority Audit for a fee not to exceed $14,060 for fiscal year 1998-99.
(d) To perform the Annual Parking Authority Audit for a fee not to exceed $8,685 for fiscal year 1998-99.
(e) To perform the Annual Bicycle/Pedestrian Facilities Grant Audit for a fee not to exceed $8,772 for fiscal year 1998-99.
(City Auditor)
(Rules/Agency Rules Committee referral 4/21/99)
Documents filed: Memorandum from City Auditor Gerald A. Silva, dated April 27, 1999, recommending approval of said agreements with KPMG LLP.
Discussion/Action: The agreements with KPMG LLP were approved and its execution authorized. Vote: 11-0-0-0.
6e(5) Approval of a consultant agreement with Black and Veatch for professional consulting services for the study of sanitary sewer related fees for the period May 3, 1999 to August 31, 2001, in an amount not to exceed $240,000. (Environmental Services)
[Deferred from 4/13/99 – Item 6e(2) and 4/20/99 – Item 6e(8)]
Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 22, 1999, recommending approval of an agreement with Black and Veatch.
Discussion/Action: Mayor Gonzales requested Staff to provide regular status reports to Council. The consultant agreement with Black and Veatch was approved and its execution authorized. Vote: 11-0-0-0.
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 $346,510. (City Manager’s Office)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated April 15, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Ordinance No. 25824, 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 $346,510 for the North San José Flood Control – Preliminary Engineering Project and the Alameda Sidewalk Improvement Project, and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68819, 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 Revenues in the Redevelopment Capital Projects Fund”, were adopted. Vote: 11-0-0-0.
6f(7) Adoption of a resolution accepting a donation of $5,849 gift from Linda Healy and adoption of appropriation ordinance and funding sources resolution amendments in the Gift Trust Fund to provide funding for the purchase of thermal imaging helmets. (Fire/City Manager’s Office)
(Rules/Agency Rules Committee referral 4/21/99)
(This item heard before 6f2 and 6f3)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated April 21, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Council Member Diquisto and Council Member Matthews accepted a facsimile of the donation made by Linda Healy to the City to purchase thermal imaging helmets for the Fire Department and recognized her efforts in spearheading the fund raising and efforts to ensure the Fire Department would have this new life saving equipment. Mrs. Healy thanked her family and friends for their support and encouragement as she pursued those endeavors. Resolution No. 68822, entitled: “A Resolution of the Council of the City of San José Accepting a Donation of $5,848.90 from Linda Healy”; Resolution No., 68823, 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 Revenues in the Gift Trust Fund”, and Ordinance No. 25825, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Gift Trust Fund in the Amount of $5,849 to Provide Funding for the Purchase of Thermal Imaging Helmets for the Fire Department; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.
6f(2) (a) Adoption of a resolution accepting a donation from ARCO Products Company in the amount of $10,000 for the Police Department’s CyberCadets Crime Prevention Program. (Police)
(b) Adoption of a related appropriation ordinance and funding sources resolution amendments in the Gift Trust Fund. (City Manager's Office)
[This item heard after 6f(7)]
Documents filed: Memorandum from Chief of Police, William M. Lansdowne, and Budget Director Larry Lisenbee, dated April 8, 1999, recommending adoption of said resolutions.
Discussion/Action: Resolution No. 68824, entitled: “A Resolution of the Council of the City of San José Accepting a Gift of $10,000 from ARCO Products Company to be Used for the Police Department’s CyberCadets Program”; Resolution No. 68825, 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 Revenues in the Gift Trust Fund”, and Ordinance No. 25826, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Gift Trust Fund in the Amount of $10,000 to Provide Funding for the CyberCadets Program in the Community Services Division of the Police Department; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.
6f(3) (a) Adoption of a resolution accepting a donation from the National Children’s Alliance in the amount of $6,000 for the Police Department’s Child Interview Center (CIC). (Police)
(b) Adoption of a related appropriation ordinance and funding sources resolution amendments in the Gift Trust Fund. (City Manager's Office)
[This item heard after Item 6f(7)]
Documents filed: Memorandum from Chief of Police, William M. Lansdowne, and Budget Director Larry Lisenbee, dated April 8, 1999, recommending adoption of said resolutions.
Discussion/Action: Resolution No. 68826, entitled: “A Resolution of the Council of the City of San José Accepting a Gift of $60,000 from the National Children’s Alliance to be Used for the Child Interview Center”; Resolution No. 68827, 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 Revenues in the Gift Trust Fund”, and Ordinance No. 25827, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Gift Trust Fund in the Amount of $6,000 to Provide Funding for the Child Interview Center of the Police Department; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.
6f(4) Adoption of a resolution authorizing the City Manager to accept a grant, if awarded, in the amount of $180,000 from the State of California Office of Criminal Justice Planning for the High Technology Theft Apprehension and Prosecution Program. (Police)
Documents filed: Memorandum from Chief of Police, William M. Lansdowne, dated April 8, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68820, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Grant if Awarded for the High Technology Crime Program in an Amount Not to Exceed $180,000 and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
6f(5) Adoption of a resolution authorizing the Director of Public Works to negotiate and execute an agreement to transfer to Midtown Housing Partners (MHP), a California General Partnership, approximately 0.05 acre of City property located on the east and west sides of a future park site at Auzerais Avenue, between Meridian Avenue and Race Street, in exchange for approximately 0.09 acre of adjacent property on the north side of the same park site, to be transferred to the City of San José by MHP. CEQA: Negative Declaration.
(Public Works)
Documents filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 27, 1999, recommending adoption of said resolution. (2) Supplemental memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 26, 1999, advising Council that the use of the property to be conveyed to the City by Midtown Housing Partners is limited to affordable housing by a recorded restriction on the property.
Discussion/Action: Resolution No. 68821, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Public Works to Negotiate and Execute an Agreement with Midtown Housing Partners to Exchange Real Property”, was adopted. Vote: 11-0-0-0.
6f(6) Acceptance of the First Quarter San José Arena Ticket Distribution Program Report. (San José Arena Authority)
Documents filed: Memorandum from San José Arena Authority, dated April 27, 1999, submitting said report.
Discussion/Action: The First Quarter San José Arena Ticket Distribution Program Report was accepted. Vote: 11-0-0-0.
6f(8) Approval of the appointments of Mindy Pelz and Rosana Davidson to the Downtown Parking Board. (Mayor)
(Rules/Agency Rules Committee referral 4/21/99)
Documents filed: Memorandum from Mayor Ron Gonzales, dated April 19, 1999, recommending appointments to the Downtown Parking Board.
Discussion/Action: The appointment of Mindy Pelz and Rosana Davidson to the Downtown Parking Board was approved. Vote: 11-0-0-0.
7b Report of the Rules/Agency Rules Committee – April 14, 1999
Vice Mayor Fiscalini, Chair
Documents filed: Rules/Agency Rules Committee report of April 14, 1999.
(1) Redevelopment Agency Agenda
(a) Review April 27, 1999 Agenda
The Committee approved the April 27, 1999 Redevelopment Agency agenda.
(b) Add New Items to April 20, 1999 Amended Agenda
There were two items deferred from the April 13, 1999 Redevelopment Agency meeting to be heard by the Agency on April 20, 1999.
Discussion/Action: Item 7b(1) will be heard by the Redevelopment Agency Board.
(2) City Council Agenda
(a) Review April 27, 1999 Agenda
The Committee approved the April 27, 1999 City Council agenda with two additions.
(b) Add New Items to April 20, 1999 Amended Agenda
The Committee recommended four additions to the April 20, 1999 Council agenda and directed the Administration to provide Council with additional information on the homeless population in Santa Clara County.
(3) Meeting Schedules
None discussed.
(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated April 8, 1999, listing the items transmitted to the Administration and items filed for the Public Record for the period March 31-April 6, 1999.
Regarding Item (c) on the Public Record, the Committee directed the City Clerk to communicate to the Airport Commission chair that the Commission’s duties and activities are guided by its by-laws. The Committee noted and filed the Public Record.
(5) Report back on request to identify funds for relocation assistance for two unreinforced masonry buildings located outside the Redevelopment Area. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 14, 1999, responding to Council Member Fiscalini’s request for relocation assistance for two unreinforced masonry buildings.
The Committee accepted Director Derryberry’s report, which stated the two buildings do not qualify for relocation assistance funds.
(6) Report back on request for funding a neighborhood park required by a proposed residential development. Attachment: Memorandum from Norberto L. Dueńas, Assistant to the City Manager/Council Liaison, dated April 13, 1999, replying to Council Member Shirakawa, Jr.’s request for a neighborhood park.
The Committee directed Staff to provide Council Member Shirakawa, Jr. a timeline for development of the park in his district; and accepted the Administration’s report, which stated the City Manager, will issue a referral to the appropriate City Departments and the Redevelopment Agency to coordinate the construction of a neighborhood park for the Almaden Road Apartment Project.
(7) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(8) Oral communications
None presented.
(9) Adjournment
The meeting was adjourned at 2:15 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member LeZotte, and unanimously carried, the Rules/Agency Committee report and actions of April 14, 1999, were accepted, with Item 7b(1) heard by the Redevelopment Agency Board. Vote: 11-0-0-0.
7c Report of the Finance and Technology Committee – April 14, 1999
Council Member Woody, Chair
Documents filed: Finance and Technology Committee minutes of April 14, 1999.
(1) Monthly Investment Report for February 1999. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated March 29, 1999, transmitting the February 1999 Investment Report.
The Committee accepted the report.
(2) Monthly Financial Report for February 1999. Attachment: Memorandum from Budget Director Larry D. Lisenbee, dated April 5, 1999, transmitting the February 1999 Financial Report.
The Committee accepted the report.
(3) Y2K Quarterly Update Report. Attachment: Memorandum from Y2K Project Manager Mark Burton, dated April 8, 1999, transmitting the Y2K Status report.
The Committee accepted the report.
(4) IT Major Projects/Systems Report. Attachment: Memorandum from City Auditor Gerald A. Silva, dated April 12, 1999, transmitting the IT Major Projects/Systems Report.
The Committee accepted the report.
(5) Housing Rehabilitation Program Audit Recommendation for Recoverable Grants/Interest-Free Conditional Loans. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated April 7, 1999, transmitting said report.
The Committee recommended that City Council approve an Interest-Free Conditional Loan process for the Housing Department’s Rehab Program on a one-year pilot basis and that Staff report back in a year. Noes: Chavez, Woody.
Discussion/Action: See Item 9i for Council action taken.
(6) Oral petitions
William Garbett spoke on the importance of complying with the Brown Act and on the Proposition 218 items now being reviewed by City Council.
(7) Adjournment
The meeting was adjourned at 12:10 p.m.
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 April 14, 1999, were accepted. Vote: 11-0-0-0.
7e Report of the Transportation and Environment Committee – April 8, 1999
Council Member Powers, Chair
(Deferred from 4/20/99 – Item 7e)
Documents filed: Transportation and Environment Committee report of April 8, 1999.
(1) Consent Calendar
There were no Consent items.
(2) Airport Master Plan Implementation Program
(a) Annual Status Report on the Airport Master Plan. Attachment: Memorandum from Aviation Director Ralph G. Tonseth, dated March 11, 1999, transmitting said report.
The Committee accepted the report.
(b) Annual Report on Airline Compliance with the Airport Noise Control Program. Attachment: Memorandum from Aviation Director Ralph G. Tonseth, dated March 11, 1999, transmitting said report.
The Committee accepted the report.
(c) Report on Evaluation of Aircraft Noise Monitoring System Locations. Attachment: Memorandum from Aviation Director Ralph G. Tonseth, dated March 11, 1999, transmitting said report.
The Committee accepted the report, with direction to return in August, so that the Committee will receive semi-annual reports rather than annual reports.
(3) Status Report on Guadalupe Gardens Master Plan. Attachment: Memorandum from Aviation Director Ralph G. Tonseth, and Department of Conventions, Arts and Entertainment Acting Director Jim McBride, dated March 11, 1999, transmitting said report.
The Committee accepted the Staff report and directed Staff to report back in September, 1999 in conjunction with the Airport Master plan approval process.
(4) Report and Recommendation for Proposed Wood Burning Ordinance. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 11, 1999, recommending Council direct the City Attorney to prepare an ordinance regulating the installation of wood burning appliances for new construction and direct the Administration to perform outreach to potentially affected parties, and implement public education efforts related to the regional Spare the Air Program for wood smoke.
The Committee accepted the staff report and recommendations, and directed Staff to report back with possible incentive options to encourage the installation of gas burning fireplaces or other appropriate environmentally sensitive devices and to more clearly define remodels that affect fireplaces.
(5) Street Landscape Maintenance – Annual Report. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated March 11, 1999, recommending Council accept the report and refer to the Fiscal Year 1999-2000 budget process, the consideration of funding landscape maintenance.
The Committee accepted the Staff report with direction to Staff to refer the funding issue to the annual budget process.
(6) Oral petitions
None presented.
(7) Adjournment
The meeting was adjourned at 4:25 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the Transportation and Environment Committee report and actions of April 8, 1999, were accepted. Vote: 11-0-0-0.
8a PUBLIC HEARING and adoption of resolutions designating the following houses located approximately 200 feet south of East Santa Clara Street as Historic Landmarks:
(1) The Morris Dailey/Max Blum House at 26-28 S. Fifth Street as Historic Landmark No. HL 99-113.
(2) The Appleton/Marks House at 36-38 S. Fifth Street as Historic Landmark No. HL 99-114.
(3) The Hall House at 44 S. Fifth Street as Historic Landmark No. HL 99-115.
CEQA: Exempt. (Historic Landmarks Commission)
Documents filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 26, 1999, stating the Hall House is owned by the First Christian Church, that parcel and an adjacent lot provide parking for the Church and both are within the proposed Civic Plaza Redevelopment Area boundaries; therefore, the Commission recommends that should the properties be sold, the Redevelopment Agency and the City work to ensure the Church is not affected later by Code Enforcement action caused by a reduction in parking. (2) Memorandum from Director Derryberry, Secretary of the Historic Landmarks Commission, dated April 26, 1999, stating the Commission recommends Council designate the Morris Dailey/Max Plum House, Appleton/Marks House, and the Hall House as Historic Landmarks. (3) Proof of Publication, Affidavit of Posting, and Declaration of Mailing of Notice of Public Hearing, submitted by the City Clerk’s Office and by Planning Director.
Discussion/Action. Ray Tovar, Emergency Housing Coalition, stated the Coalition does not oppose the designation but asked what effect an historic designation would have if the Civic Center Plaza plan is not approved. He stated a non-profit organization cannot take advantage of any of the economic benefits accompanying designations. City Attorney Gallo advised that the designation does not affect usage and while it means an additional permit is required upon renovation, that permit would take into consideration the needs of the proposed usage. Upon motion by Council Member Diaz, seconded by Council Member Fiscalini, and unanimously carried, Resolution No. 68828, entitled: “Resolution of the Council of the City of San José Designating, Pursuant to the Provision of Chapter 13.48 of Title 13 of the San José Municipal Code, the Morris Dailey/Max Blum House as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; Resolution No. 68829, entitled: “Resolution of the Council of the City of San José Designating, Pursuant to the Provision of Chapter 13.48 of Title 13 of the San José Municipal Code, the Appleton/Marks House as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, and Resolution No. 68830, entitled: “Resolution of the Council of the City of San José Designating, Pursuant to the Provision of Chapter 13.48 of Title 13 of the San José Municipal Code, the Hall House as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of an Historic Nature”, were adopted. Vote: 11-0-0-0.
9a Adoption of a resolution authorizing the Director of Housing to enter into an Administrative Agreement to serve as Compliance Agent under the Regulatory Agreement relating to tax-exempt multifamily housing revenue bonds to be issued by ABAG Finance Authority for Non-profit Corporations (ABAG) for the Lion Villas Apartment Project. (Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated April 13, 1999, recommending adoption of said resolution.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 68830.1, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Housing to Enter into an Administrative Agreement to Serve as Compliance Agent Under the Regulatory Agreement Related to Certain Bonds”, was adopted. Vote: 11-0-0-0.
9b Adoption of a resolution:
(1) Approving an acquisition, construction, and permanent loan of $1,740,000 to Don Avante Associates I, L.P., or its designee, for the acquisition, rehabilitation, and permanent financing of the 70-unit Don de Dios Apartment Project at the northeast corner of Lucretia Avenue and Fair Avenue.
(2) Authorizing the Director of Housing to enter into an administrative agreement to serve as Compliant Agent under the Regulatory Agreement relating to tax exempt multi-family housing revenue bonds to be issued by the County of Santa Clara for the Don de Dios Family Housing Project.
(3) Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.
(Housing)
Documents filed: Memoranda from Director of Housing, Alex Sanchez, dated April 8 and 23, 1999, recommending adoption of said resolution.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Fiscalini, and unanimously carried, Resolution No. 68831, entitled: “A Resolution of the Council of the City of San José (1) Approving Business Terms for a $1,740,000 Acquisition, Construction and Permanent Loan to Don Avante Associates, I for the Development of a 70-Unit Rental Housing Project Affordable to Very Low, Low and Moderate Income Persons and Families, (II) Authorizing the Director of Housing to Enter into an Administrative Agreement to Serve as Compliance Agent Under the Regulatory Agreement Related to Certain Bonds; and (III) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loan on Behalf of the City”, was adopted. Vote: 11-0-0-0.
Items 9c and 9i were heard together.
9c (1) FINAL PUBLIC HEARING and approval of the 1999 Consolidated Plan for the years 1995-2000, including the FY 1999-2000 proposed recommendations for the Community Development Block Grant (CDBG) Program, the HOME Program, the Housing Opportunities for People with AIDS (HOPWA) Program, and the Emergency Shelter (ESG) Program.
(2) Adoption of a resolution authorizing the Director of Housing to execute all documents on behalf of the City for the HOME, ESG, and HOPWA Programs.
(3) Adoption of a resolution authorizing the Director of Parks, Recreation and Neighborhood Services to execute all documents on behalf of the City for the CDBG Program.
(Housing/Parks, Recreation and Neighborhood Services)
Documents filed: (1) Memorandum from Director of Housing, Alex Sanchez, and Director of Department of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 8, 1999, recommending approval of the 1995-2000 Federal Consolidated Plan, as amended, and adoption of said resolutions. (2) Supplemental memorandum from Director of Housing, Alex Sanchez, dated April 27, 1999, regarding the proposed amendment to the draft Consolidated Plan to provide a one-year pilot program for interest-free conditional loans in the Housing Rehabilitation Program. (3) Memorandum from Council Member Shirakawa, Jr., dated April 21, 1999, recommending approval of recommendations from the CDBG Steering Committee on funding in the Contractual Community Services and Community Development Improvement categories of the CDBG program as outlined in the Consolidated Plan, and referral of the Steering Committee’s recommendations regarding funding of other projects to the Budget Process.
9i Approval of an Interest-Free Conditional Loan process for the Housing Departments Rehab Program on a one-year pilot basis and direction for staff to report back in a year.
(Finance and Technology Committee referral 4/14/99 – Item 7c(5)]
Documents filed: See Item 7c(5) for documents filed.
Discussion/Action: To begin the joint discussion of Items 9c and 9i, Mayor Gonzales opened the Final Public Hearing on the 1999 Consolidated Plan for the years 1995-2000, including the FY 1999-2000 proposed recommendations for the CDBG Program, the HOME Program, the HOPWA Program, and the ESG Program. Gertrude Welch, The Interfaith Council, spoke in support of the proposal. William Garbett spoke in support of the proposal and recommended additional measures pertaining to rehabilitation of older housing stock and incorporating mobile and manufactured homes in the City’s housing plans. William Litt, Community Legal Services, stated the proposal is a good effort but does not go far enough, and suggested the use of inclusionary zoning and increased density Citywide and other related measures to increase affordable housing. Cathy Brandhorst spoke about homelessness issues. Council Member Shirakawa, Jr. moved approval of the Staff recommendations dated April 8, 1999, for the 1999 Consolidated Plan, with the CDBG recommendations in Council Member Shirakawa, Jr.’s memorandum dated April 21, 1999, which he stated are the recommendations of the CDBG Steering Committee and are the same as Staff’s recommendation in all but two items, and moved to refer to the Budget Process the four projects listed in his memorandum which the Steering Committee was unable to fund but felt were important. Council Member Diaz seconded the motion. Council Member Woody expressed concerns that changing the grant program to an interest-free loan program would have an adverse effect on the safety repairs needed by low income homeowners and stated that she could not support that change. Tom MacRostie, Housing Department Staff, clarified that implementing the Auditor’s recommendation to eliminate repair grants for single-family owner-occupied houses, interest-free loans would be provided to eligible homeowners and would only be due upon sale of the property. Council Member Fiscalini stated the grant versus loan issue was thoroughly discussed and was passed in Committee on the basis that the recommendation warranted a one-year pilot trial followed by evaluation as part of a responsible fiduciary policy. Council Member Chavez stated she opposed the change because of inconsistencies in the City’s and Redevelopment Agency’s grant and loan programs. On a call for the question, the CDBG Steering Committee recommendations included in Council Member Shirakawa, Jr.’s memorandum dated April 21, 1999, and the Staff recommendations dated April 8, 1999, with the CDBG amendments noted in Council Member Shirakawa, Jr.’s memorandum, were approved, and Resolution No. 68832, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Housing to Execute All Documents on Behalf of the City for the Fiscal Year 1999-2000 Home Program, Housing Opportunities for People with AIDS (HOPWA) Program, and the Emergency Shelter (ESG) Program”, and Resolution No. 68833, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Department of Parks, Recreation and Neighborhood Services to Execute All Documents on Behalf of the City for the Fiscal Year 1999-2000 Community Development Block Grant (CDBG) Program”, were adopted. Vote: 11-0-0-0. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Diaz, and carried, the Interest-Free Conditional Loan process for the Housing Department’s Rehab Program was approved on a one-year pilot basis and Staff was directed to report back in a year. Vote: 9-0-2-0. Noes: Chavez, Woody.
9d Adoption of a resolution;
(1) Approving business terms for an acquisition/predevelopment loan of up to $4,752,000 of 20% Housing Funds to JSM Enterprises Inc., or its designated partnership, for the development of a 88-unit housing project affordable to low and very low-income families on a 2.12 acre site located on the west side of Sixth Street, northerly of Bestor Street.
(2) Approving business terms for an acquisition loan of up to $738,000 of Rental Rehabilitation Program (RRP) Funds to JSM Enterprises Inc., or its designated partnership, for a .73-acre site on the west side of Sixth Street, southerly of Bestor Street for future acquisition by the City for public park purposes.
(3) Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.
(4) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.
(5) Adoption of appropriation ordinance and funding sources resolution amendments in the Home Investment Partnership Program Fund (Fund 445) to acquire property on Sixth Street. (City Manager’s Office)
(Housing)
(Rules/Agency Rules Committee referral 4/21/99)
Documents filed: Memorandum from Budget Director Larry Lisenbee, dated April 22, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Diaz, and unanimously carried, Resolution No. 68834, entitled: “A Resolution of the Council of the City of San José (i) Approving Up to $4,752,000.00 of 20% Housing Funds for an Acquisition and Predevelopment Loan to JSM Enterprises, Inc., or its Assignee, for the Development of a 88 Unit Rental Housing Project Affordable to Very Low and Low Income Persons and Families, (II) Approving Up to $738,000.00 of RRP Funds to JSM Enterprises, Inc., or its Assignee for .73 Acres of the Property for Future Park Purposes, (III) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loan on Behalf of the City, and (IV) Finding that the Use of 20% Housing Funds for the Subject Project is a Benefit to the Redevelopment Project Areas in San José”; Ordinance No. 25828, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Home Investment Partnership Program Fund (Fund 445) in the Total Amount of $738,000 for Rental Rehabilitation Program Funding to Acquire Property on 6th Street; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68835, 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 Home Investment Partnership Program Fund (Fund 445)”, were adopted. Vote: 11-0-0-0.
9e Adoption of a resolution;
(1) Approving business terms for an acquisition/predevelopment loan of up to $4,532,000 to JSM Enterprises Inc., or its designated partnership, for the development of a 103-unit housing project affordable to low and very low-income families on a 1.97 acre site located on the southwest corner of Sixth and Martha Streets.
(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)
(Rules/Agency Rules Committee referral 4/21/99)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated April 15, 1999, recommending adoption of said resolution. (2) Proof of publication and Affidavit of Posting of Notice of Public Hearings submitted by the City Clerk.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Diaz, and unanimously carried, Resolution No. 68836, entitled: “A Resolution of the Council of the City of San José (I) Approving up to $4,532,000.00 for an Acquisition and Predevelopment Loan to JSM Enterprises, Inc., or its Assignees, for the Development of a 103 Unit Rental Housing Project Affordable to Very Low and 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. Vote: 11-0-0-0.
9f (1) Hold a TEFRA hearing for the issuance of up to $13,000,000 in tax-exempt multifamily housing revenue bonds.
(2) Adopt a resolution:
(a) Expressing its intent to issue up to $13,000,000 in multifamily tax-exempt revenue bonds to finance the development of a 103-unit family rental housing project located at Sixth and Martha Streets.
(b) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $13,000,000 in private activity bonds.
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with JSM Enterprises, or an affiliated entity for the CDLAC Application for the Sixth and Martha Housing Project.
(Housing/Finance)
(Rules/Agency Rules Committee referral 4/21/99)
Documents filed: Memoranda from Director of Finance, John V. Guthrie, dated April 8, and April 26, 1999, recommending adoption of said resolution.
Discussion/Action: The TEFRA hearing was opened and there was no testimony from the floor. Upon motion by Council Member Chavez, seconded by Council Member Diaz, and unanimously carried, Resolution No. 68837, entitled: “A Resolution of the Council of the City of San José Expressing Its Intent to Issue Tax Exempt Debt for the Acquisition, Construction and Development of Multifamily Housing and Taking Related Actions (Sixth & Martha Multifamily Housing Project)”, was adopted. Vote: 11-0-0-0.
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)
(Deferred from 4/20/99 – Item 9g)
Documents filed: Memorandum from Council Members Chavez, Dando, Diquisto and LeZotte, dated April 12, 1999, requesting 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.
Discussion/Action: This item was dropped from the Agenda and will come back to the Council through the Rules Committee.
9h Recommendations regarding design of future Countywide Emergency Medical Services System and Santa Clara County ALS Operator RFP Process. (City Manager's Office)
(Orders of the Day 4a)
Documents filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated April 27, 1999, recommending Council approve the following actions, pursuant to Committee of the Whole direction of April 26, 1999: (1) Endorse principles regarding design of new Countywide EMS system and changes in draft County RFP for new Advanced Life Support (ALS) transport contract, as proposed by County/City Managers’ subcommittee letter dated April 21, 1999; (2) Request that the County revise the schedule for approval of new EMS system design, issuance of ALS transport RFP, and award of a new contract, to allow incorporation of the County/City Managers’ recommendations, as shown in Attachment A, and (3) Request that the County require all proposers to include in their proposals annual payments to San José which total not less than the required annual payments to San José under the City’s current First Responder agreement with Santa Clara County.
Discussion/Action: Senior Deputy City Manager, Darrell Dearborn, stated the Staff report recommends Council affirm the actions taken at the Committee of the Whole meeting on April 26, 1999, endorsing the recommendations by the County/City Managers’ Association subcommittee on EMS, the additional recommendations that the Council approved, which would underscore the importance of making room in the schedule for public input, and negotiation of subcontracts and acknowledge the importance of the status of employees working for the current contractor should the County select a new ALS contractor as a result of the RFP process. In explaining the third recommendation in the Staff report, he stated the current First Responder Agreement between the City and the County calls for the County to make the best efforts to secure in a successor contract the same level of funding for the City’s First Responder Program as currently exists. However, he stated the request that the County include that provision in the RFP was not part of the County/City Managers’ recommendations to the Board of Supervisors; therefore, Council’s approval of the Staff recommendations would direct Staff to convey that request to the Board of Supervisors for inclusion in the document. Paramedics Bob Sippel and John Van Eyck spoke in support of making provisions for the current employees in the event a new contractor is selected. Council Member Powers moved approval of the Staff recommendations dated April 27, 1999, with direction to Staff to reemphasize the need for the employee retention provision if a new contractor is selected and to request that the Advisory Committee be inclusive of representation of the bargaining units, if possible, and that Staff keep the Council informed with regular progress reports through the appropriate committee. Council Member Diquisto seconded the motion. Council Member Fiscalini expressed concerns about placing demands on the EMS system that could erode the fiscal ability of the County or the providers to support the City’s First Responder Program and reimburse the City appropriately for those services. On a call for the question, the motion carried unanimously and the Staff recommendations of April 27, 1999 were approved, with the direction to Staff as indicated. Vote: 11-0-0-0.
The Council of the City of San José convened the Redevelopment Agency Board at 2:42 p.m. to consider Item 11a in a joint session.
11a Adoption of resolutions:
(1) By the City Council determining that the public interest and necessity require the acquisition by eminent domain of property located at 38 and 44 South Fourth Street, owned by James V. Hillis & Robyn L. Hillis (in a Living Trust) and Charles B. Hillis and Hillis Properties, authorizing the City Attorney to file a suit in eminent domain with respect to such properties, and authorizing the City Manager to negotiate and execute a cooperation agreement with the Redevelopment Agency to provide for transfer of Agency funds to acquire such properties.
(2) By the Agency Board authorizing the Executive Director to negotiate and execute a cooperation agreement with the City to provide for transfer of Agency funds to the City to acquire such properties.
CEQA: Resolution to be adopted.
(Redevelopment Agency)
Documents filed: Memorandum from Assistant City Manager, Debra J. Figone, and Redevelopment Agency Executive Director, Frank M. Taylor, dated April 14, 1999, recommending the Agency Board and the City Council adopt said resolutions and ordinances.
Discussion/Action: William Garbett spoke in opposition. Upon motion by Council Member Fiscalini, seconded by Council Member Shirakawa, Jr., and unanimously carried, Resolution No. 68838, entitled: “Resolution of Necessity of the Council of the City of San José Making Certain Findings and Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil Procedure for the Following Project: Fourth Street Public Garage Project; Authorizing and Empowering the City Attorney to Bring an Action in Eminent Domain to Acquire Certain Property for Said Project and to Apply for an Order of Possession Before Judgment; Authorizing the City Manager to Negotiate and Execute a Cooperation Agreement with the Redevelopment Agency of the City of San José (“Agency”) to Provide for Transfer of Agency Funds to Acquire Such Properties; and Authorizing and Empowering the Deposit of Money in Court for Possession of Said Property from the Funds Lawfully Available Therefore”; CEQA Resolution No. 68839, entitled: “Resolution of the Council of the City of San José Making Certain Findings Required by the California Environmental Quality Act in Connection with a Project Consisting of the Downtown Strategy Plan 2010 and Associated General Plan Amendments for the Property Generally Bounded by I-280 to the South, Los Gatos Creek, and Guadalupe River to the West, Coleman Avenue to the North and Fourth Street to the East”; Redevelopment Agency Resolution Nos. 4658 and 4659, authorizing the Executive Director to negotiate and execute a cooperation agreement with the City to provide for transfer of Agency funds to the City to acquire such properties, and making certain findings required by the California Environmental Quality Act in connection with a project consisting of the Downtown Strategy Plan 2010 and Associated General Plan Amendments for the property generally bounded by I-280 to the South, Los Gatos Creek, and Guadalupe River to the West, Coleman Avenue to the North and Fourth Street to the East, were adopted . Vote: 11-0-0-0.
The Council of the City of San José adjourned the Redevelopment Agency Board portion of the meeting at 2:45 p.m.
(1) Cathy Brandhorst addressed Council on societal issues.
(2) Ross Signorino spoke in opposition to the relocation of City Hall.
The Council of the City of San José adjourned at 2:48 p.m. in memory of Glory Anne Laffey, a stalwart supporter of historical preservation in the City of San José, instrumental in preserving the Clark House in Willow Glen, the Fallon House, the Paul Masson Building, the River Street Historic Enclave and many other historical landmarks in San José, and author of County Leadership and the History Survey Handbook for the City of San José.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK