The Council of the City of San Jose convened in regular session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Diaz (excused).
Upon motion unanimously adopted, the City Council recessed to a Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 of Subsection (a) to consider the case of Ruffo, et al. vs. Council of the City of San José, et al.; and (B) to confer with Legal Counsel regarding anticipated litigation and to discuss one matter pertaining to the initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from the Closed Session, recessed at 10:40 a.m., and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Matthews, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Diaz (excused).
Father Joseph Zermeño, Our Lady of Guadalupe Church, delivered the invocation. (District 5)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Diaz.
5b Presentation of a commendation to Enlace Student Association of Evergreen Valley College for their efforts to increase awareness of the significance of Cinco de Mayo by holding a celebration. (Diaz)
(Rules/Agency Rules Committee referral 4/28/99)
Documents Filed: None.
Discussion/Action: This item was dropped.
Items 5c and 5e were heard in conjunction with Item 9b.
5c Presentation of a commendation to Seema Jaffee, Senior Citizens Commissioner Emeritus, for her community involvement and advocacy for senior legislation.
(Woody)
(Rules/Agency Rules Committee referral 4/28/99)
Documents Filed: None.
Discussion/Action: Joined by Mayor Gonzales and Senior Citizens Commission Chair Cliff Eppard, Council Member Woody presented the commendation and a floral arrangement to Seema Jaffee with the City’s appreciation for many years of committed service to San José’s seniors.
5e Presentation of a proclamation declaring the month of May 1999 as “Older Americans Month”. (Mayor)
(Orders of the Day 4a)
Documents Filed: Letter from San José Senior Citizens Commission Chairperson, Cliff Eppard, dated March 12, 1999, enclosing a copy of the proposed proclamation to be presented by the Mayor and City Council.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Woody presented the proclamation to Senior Citizens Commission Chair Cliff Eppard who announced the celebration of the United Nations’ declaration of 1999 as the International Year of Older Persons and the theme of Honor the Past. Imagine the Future: Towards a Society For All Ages. He affirmed the existence of more than 98,000 men and women, 60 years of age and over, residing in the City of San José, and the wide range of services offered in the areas of recreation, human welfare, and education. Council Member Woody recognized the efforts of Betty Malks, Director, Santa Clara County Social Services Agency, Department of Aging and Adult Services; acknowledged Santa Clara County’s implementation of the new 24-hour protection system for seniors and dependent adults – the reporting hot line number 1-800-414-2002; and invited the Mayor and City Council to attend a reception celebrating Older Americans’ Month. She invited all the seniors to stand and be recognized, and urged all citizens to give effective expression to the theme of the special month of older Americans.
9b Acceptance of the Annual Report on City Services for Older Adults.
[Education, Neighborhoods, Youth and Seniors Committee referral 4/19/99 – Item 7f(3)]
Documents Filed: See Education, Neighborhoods, Youth, and Seniors Committee Report of April 19, 1999, Item 7f(3).
Discussion/Action: As Liaison to the Senior Citizens Commission and Chair of the Mayor’s Aging Leadership Council, Council Member Woody presented an overview of the annual report on the status of older adults services provided by the City’s Department of Parks, Recreation and Neighborhood Services. Highlighting specific areas of the Report Summary, she stated the City served in 1998 more than 20,000 seniors through the Office on Aging Senior Centers and City-wide Special Services, and the Community Centers Senior Programs, including a large proportion of the County’s at-risk seniors. She stated 1,355 older volunteers served at 90 sites throughout the community, donating 290,000 hours of community service. She stated the City served 125,000 meals and provided an estimated $5 million worth of in-kind volunteer services in leveraged annual Federal allocations on two volunteer programs. Noting increased demand for the immensely popular computer-training program Seniornet for the Willows Senior Center, she stated 835 seniors have received training, 175 currently enrolled, with more than 1,400 on a waiting list. She stated the anticipated older population by area demographers will double by the year 2010 in an Age Wave, and will require a range of strategies to address the needs both within City government and the community. With respect to elder abuse protection, she stated an estimated 7,000 seniors of San José’s older population are victims; the City’s allocation of $25,000 was leveraged with $20,000 from the Council on Aging of Santa Clara County, Inc., and $25,000 from the Violence Prevention Council, for a total of $70,000 to increase community awareness and publicize both existing services and a toll free, 24-hour, seven-day-a-week Adult Protective Services (APS) abuse report hotline. She stated the highest priority needs of San José’s older adults within the next two to five years are a matter of consensus: Affordable housing, affordable health care, income assistance, and services which help non-English-speaking elders to access available assistance. With the City’s at-risk senior populations growing faster than its overall older population, she stated the City needs to expand its senior facility and staffing infrastructures. She stated the Aging Services Master Plan identified the addition of as many as seven full senior centers by the year 2005, with requisite City staff pattern; therefore, she recommended that the City begin the process of identifying and placing in order of priority the sites for the development or expansion of facilities into additional full senior centers, and that that process be referred to the Parks and Community Facilities and Program Strategic Plan. She stated the Department of Parks, Recreation and Neighborhood Services, also proposes the City adopt a policy to leverage funding for senior center facility construction or expansion by co-locating affordable senior housing and senior centers where feasible. She acknowledged community collaboration and fundraising efforts of more than 100 community-based organizations, funders, congregations, businesses and community groups; expressed the Council’s appreciation for coordinated efforts of all participants who have contributed to the programs for the elder population; and recommended Council accept the Annual Report on the status of City services for older adults. Upon motion by Council Member Woody, seconded by Council Member Diquisto and unanimously carried, the status report was accepted. Vote: 10-0-1-0. Absent: Diaz.
Upon motion by Council Member Powers, seconded by Council Member Matthews and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: Diaz.
6a(1) Regular Meeting of April 6, 1999
Documents Filed: Minutes of the regular meeting of April 6, 1999.
Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Diaz.
6b(1) ORD. NO. 25814 – Amends Section 1.18.040 of Chapter 1.18 of Title 1 of the San José Municipal Code to code and clarify the scope of hearings before a designated body.
Documents Filed: Proof of publication of the title of Ordinance No. 25814, dated April 27, 1999, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25814 was adopted. Vote: 10-0-1-0. Absent: Diaz.
6b(2) ORD. NO. 25819 – Rezones certain real property situated on the east side of Bascom Avenue, 480 feet southerly of Camden Avenue.
PDC 98-10-079
Documents Filed: Proof of publication of the title of Ordinance No. 25819 dated April 27, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25819 was adopted. Vote: 10-0-1-0. Absent: Diaz.
6b(3) ORD. NO. 25820 – Rezones certain real property situated on the southeast corner of Branham Lane and Cherry Avenue. PDC 98-01-008
Documents Filed: Proof of publication of the title of Ordinance No. 25820 dated April 27, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25820 was adopted. Vote: 10-0-1-0. Absent: Diaz.
6b(4) ORD. NO. 25821 – Rezones certain real property situated on the east side of Union Avenue opposite McGlincey Lane. PDC 98-02-017
Documents Filed: Proof of publication of the title of Ordinance No. 25821 dated April 27, 1999, submitted by the City Clerk
Discussion/Action: Ordinance No. 25821 was adopted. Vote: 10-0-1-0. Absent: Diaz.
6b(5) ORD. NO. 25822 – Rezones certain real property situated at the southeast corner of Capitol Expressway and Tully Road. C 98-12-102
Documents Filed: Proof of publication of the title of Ordinance No. 25822 dated April 27, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25822 was adopted. Vote: 10-0-1-0. Absent: Diaz.
6b(6) ORD. NO. 25823 – Prezones certain real property situated at the southeast corner of North Bascom Avenue and Forest Avenue. C 99-01-009
Documents Filed: Proof of publication of the title of Ordinance No. 25823 dated April 27, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25823 was adopted. Vote: 10-0-1-0. Absent: Diaz.
6c(1) Adoption of a resolution of intention to vacate those portions of Gold Street northwesterly of State Route 237, and setting a public hearing on May 25, 1999 at 1:30 p.m. CEQA: Resolution No. 67684. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 15, 1999, recommending Council adopt said resolution of intention.
Discussion/Action: Resolution No. 68841, entitled: “Resolution of the Council of the City of San José Approving Certain Maps Showing Those Portions of Gold Street Between State Route 237 and Guadalupe River, 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: 10-0-1-0. Absent: Diaz.
6d(1) TRACT NO. 9150 – North side of Foxworthy Avenue, 125 feet east of Union Avenue – Braddock & Logan Group II, L.P., a California Limited Partnership by: Braddock & Logan Services Inc., a California Corporation as General Partner (Developer) – 45 single family detached residential units. Adoption of resolutions approving the plans, final map, contract, and Parkland Agreement for Tract No. 9150. CEQA: ND. District 9. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 23, 1999, recommending Council adopt said resolutions for Tract No. 9150.
Discussion/Action: Resolution No. 68842, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans For Tract No. 9150”; Resolution No. 68843, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9150”, and Resolution No. 68844, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9150”, were adopted. Vote: 10-0-1-0. Absent: Diaz.
6e(1) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 28, 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 15, 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. 28 for FY 1998-99 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(2) Approval of an option to purchase 80 additional sirens and 80 additional speakers from L.C. Action (San José) at the same bid price for a total additional cost of $52,319.39, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated April 15, 1999, recommending Council approve said option, and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The purchase option was approved and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(3) Adoption of a resolution authorizing the Director of General Services to negotiate and execute an amendment to the agreement with Universal Maintenance Inc. to increase the dollar amount for maintenance services in the Transit Mall and Central Business District (CBD) area in an amount not to exceed $25,000, for a total second year amount of $501,000. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated April 15, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68845, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Amendment to the Agreement With Universal Maintenance, Inc. for Maintenance Services in the Transit Mall and Central Business District Areas”, was adopted. Vote: 10-0-1-0. Absent: Diaz.
6e(4) Approval of the option to purchase one (1) additional trailer mounted melter applicator from Keas Industrial Coatings, Inc. (Turlock, CA) at the same bid price, for a total cost of $28,393.98 including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated April 15, 1999, recommending Council approve said option and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The purchase option was approved and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(5) Approval of the option to purchase two (2) additional trailer mounted brush chippers from Cal-Line Equipment (Livermore, CA) at the same bid price, for a total cost of $73,382.74, including tax, and authorization for the Director of General Services to execute the purchase order.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated April 15, 1999, recommending Council approve said option, and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The purchase option was approved and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(6) Adoption of a resolution authorizing the City Manager to negotiate and execute a second amendment to the agreement with Resource Development Associates (RDA) for Resource Development and Data Base Information System Services for the San José B.E.S.T. Program and Recreation and Community Services Program, increasing the compensation by $40,000, for a total compensation not to exceed $115,000, and extending the term by six (6) months, from June 30, 1999 to December 31, 1999. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 15, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68846, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute the Second Amendment to the Agreement With Resource Development Associates in Order to Increase the Total Compensation and to Extend the Term”, was adopted. Vote: 10-0-1-0. Absent: Diaz.
6e(7) Approval of the following agreements for the relocation of a water line serving the San José International Airport as required by the Route 87 Freeway Project:
(a) Agreement with Caltrans providing for the reimbursement of City expenses in an estimated amount of $164,000.
(b) Agreement with the San José Water Company for the Phase II water line relocation, in an amount not to exceed $91,600.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 15, 1999, recommending Council approve said agreements.
Discussion/Action: The agreements with Caltrans and the San José Water Company were approved and their execution authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(8) Report on bids and award of contract for the Construction of the 1998-99 Wheelchair Ramps Project Unit 1, a Community Development Block Grant Project, to the low bidder, Vanguard Construction, Inc., in the amount of $90,330. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 15, 1999, recommending Council accept the bid report and award the contract to said low bidder.
Discussion/Action: The report on bids was accepted and the award of contract to Vanguard Construction, Inc., the low bidder, was approved, and execution of the contract authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(9) Report on bids and award of contract for the Alexander Avenue Sanitary Sewer Project to the low bidder, Division Two Construction, in the amount of $128,322 and approval of a contingency in the amount of $13,000. CEQA: Exempt.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 15, 1999, recommending Council accept the bid report and award said contract to the low bidder.
Discussion/Action: The report on bids was accepted and the award of contract to Division Two Construction, the low bidder, was approved, and execution of the contract authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(10) Approval of an agreement for consultant services with MPA Design, Inc., for the South Central Pool Master Plan Project for the period May 4, 1999 to March 31, 2000, in the amount of $117,320, and $8,000 for additional services for a total agreement amount of $125,320. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 15, 1999, recommending Council approve said agreement.
Discussion/Action: The consultant services agreement with MPA Design, Inc., was approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(11) Approval of a continuation agreement for landscape architectural consultant services with Orsee Design Associates for the Monterey Road Mitigation Planting and the Bascom Avenue Median Island Landscaping Phases II & III Projects, extending the term of the original agreement by 14 months, from October 31, 1998 to December 31, 1999, at no additional cost to the City. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 15, 1999, recommending Council approve said agreement.
Discussion/Action: The continuation agreement with Orsee Design Associates was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diaz.
6e(12) (a) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with artist Mel Chin to design a work of art for the City/San José State University Library in an amount not to exceed $120,000.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with artist Keith Sonnier to design a work of art for the Fourth and San Fernando Street Garage in an amount not to exceed $56,000.
(Conventions, Arts and Entertainment)
(Rules/Agency Rules referral 4/28/99)
Documents Filed: Memoranda from Acting Director of Conventions, Arts and Entertainment, James McBride, both dated April 28, 1999, recommending Council adopt said resolutions.
Discussion/Action: Resolution No. 68847, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Mel Chin to Design a Work of Art in an Amount Not to Exceed $120,000 in Conjunction With the City/San José State Library”; and Resolution No. 68848, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With Keith Sonnier to Design a Work of Art in an Amount Not to Exceed $56,000 in Conjunction With the Fourth and San Fernando Garage”, were adopted. Vote: 10-0-1-0. Absent: Diaz.
6f(1) Adoption of appropriation ordinance amendments in the Council District 7 Construction and Conveyance Tax Fund to provide an additional $45,000 for the Bacchus Master Plan Project. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated April 15, 1999, recommending Council approve said appropriation ordinance amendments in the Council District VII Construction and Conveyance Tax Fund.
Discussion/Action: Ordinance No. 25829, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 Which Appropriates Moneys in the Council District 7 Construction and Conveyance Tax Fund to Provide an Additional $45,000 for the Bacchus Master Plan Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Diaz.
6f(2) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund with a net impact to the Fund of $4,540,800. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated April 15, 1999, recommending Council approve said appropriation ordinance and funding sources resolution amendments in the City-side Redevelopment Fund.
Discussion/Action: Ordinance No. 25830, 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 $4,540,800 for the Fourth and San Fernando Garage Public Art Project, the Public Art Administration Project and the Fire Station #1 Reconstruction Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 68849, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68256 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1998-99 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 10-0-1-0. Absent: Diaz.
6f(3) Adoption of appropriation ordinance amendments in the Storm Drainage Fee Fund in the amount of $100,000 for the reimbursement to the Redevelopment Agency for the Guadalupe River Flood Control Project. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated April 15, 1999, recommending Council approve said appropriation ordinance amendments in the Storm Drainage Fee Fund.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25831, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 Which Appropriates Moneys in the Storm Drainage Fee Fund to Provide an Additional $100,000 Reimbursement to the Redevelopment Agency for the Guadalupe River Flood Control project; and Providing That This ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Diaz.
7b Report of the Rules/Agency Rules Committee Meeting of April 21, 1999
Documents Filed: Rules/Agency Rules Committee Report of April 21, 1999.
(1) Redevelopment Agency Agenda
(a) Review May 4, 1999 Agenda
The Committee approved the Redevelopment Agency Agenda for May 4, 1999.
(b) Add New Items to April 27, 1999 Amended Agenda
The Committee recommended no additions to the April 27, 1999 Redevelopment Agency Agenda.
(2) City Council Agenda
(a) Review May 4, 1999 Agenda
The Committee approved the City Council Agenda for May 4, 1999.
(b) Add New Items to April 27, 1999 Amended Agenda
The Committee recommended nine additions to the April 27, 1999 City Council Agenda.
(3) Meeting Schedules
None presented.
(4) The Public Record
No Public Record filed.
(5) Report back on the request for referral of taxi industry related issues. Attachment: Memorandum from Deputy City Manager, Lynn Macy, dated April 15, 1999, submitting the workload assessment in response to Council Member Powers’ request with respect to Taxi industry issues.
The Committee accepted Deputy City Manager Macy’s report that stated Staff will meet on May 5, 1999 with interested parties from the taxi industry and work to address their issues and subsequently report on any issues, which require additional Council direction.
(6) Legislative Report 99-01. Attachment: Memorandum from Intergovernmental Relations Director, Betsy Shotwell, dated April 9, 1999 stating AB 240 does not have a direct effect on the City of San José and thus is not a legislative priority; therefore, a neutral position is recommended.
AB 240 (Honda) Public Employees: Agency Shop
Recommended City Position: NEUTRAL
The Committee approved Legislative Report 99-01 and the aforementioned recommended City position for the bill listed.
(7) Request to use Council General funds to attend National League of Cities’ Transportation Infrastructure and Services Steering Committee meeting in Nashville, TN, June 2-6, 1999. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated April 20, 1999, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee. (2) Memorandum from Council Member Woody dated April 12, 1999, requesting authorization for the use of Council General Funds to travel out of state.
The Committee approved the use of Council General Funds by Council Member Woody to attend the National League of Cities’ Transportation Infrastructure and Services Steering Committee Meeting in Nashville, TN, June 2-6, 1999.
(8) Request to use Council General funds to attend National League of Cities’ Community and Economic Development Steering Committee meeting in Nashville, TN, May 20-23, 1999. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated April 20, 1999, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee. (2) Memorandum from Council Member Powers dated April 13, 1999, requesting authorization for the use of Council General Funds.
The Committee approved the use of Council General Funds by Council Member Powers to attend the National League of Cities’ Community and Economic Development Steering Committee Meeting in Nashville, TN, May 20-23, 1999.
(9) Request to use Council General funds to attend the National Association of Latino Elected Officials’ 16th Annual Conference in Philadelphia, PA, June 16-20, 1999. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated April 20, 1999, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee. (2) Memorandum from Council Member Diaz dated April 14, 1999, requesting authorization to travel out of state.
The Committee directed Staff to schedule a discussion of the City’s Travel Policy at April 21, 1999 Rules Committee meeting. With Member Woody dissenting, the Committee approved the use of Council General Funds by Council Member Diaz to attend the National Association of Latino Elected Officials’ 16th Annual Conference in Philadelphia, PA, June 16-20, 1999.
(10) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee.
None presented.
(11) Oral communications
None presented.
(12) Adjournment
The meeting was adjourned at 2:15 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diquisto and unanimously carried, the Rules/Agency Rules Committee Report and actions of April 21, 1999 were accepted. Vote: 10-0-1-0. Absent: Diaz.
7f Education, Neighborhoods, Youth, and Seniors Committee Meeting of April 19, 1999
Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of April 19, 1999.
Branch Library Master Plan Update. Attachments: (1) Memorandum from City Librarian, Jane Light, dated March 8, 1999, presenting a status report on the Branch Library Facilities Master Plan, including the proposed phasing plan for construction of new facilities and expansion and/or replacement of existing structures. (2) Memorandum from City Librarian, Jane Light, dated April 12, 1999, responding to inquiries referred to Staff by the Committee with respect to facility service guidelines, proposed development strategies, the current status of branch library facilities throughout the City of San José, proposed service areas of the Public Library system, and responses to questions from the February 22, 1999 ENYS Committee.
The Committee accepted the status report.
(2) Safe Schools Campus Initiative Status Report. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 12, 1999, providing a status report on the progress of the Safe Schools Campus Initiative implemented in 1996.
The Committee accepted the status report.
(3) Annual Report on City Services for Older Adults. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 12, 1999, recommending the acceptance of the annual report on the status of older adults’ services provided by the Department of Parks, Recreation and Neighborhood Services, including implementation of the City’s Aging Services Master Plan Program.
The Committee recommended acceptance of the status report.
Discussion/Action: See Item 9b for Council action taken.
(4) Washington Youth Center Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 7, 1999, summarizing the progress on the construction schedule, operator’s agreement, and the program development for the Washington Youth Center.
The Committee accepted the status report.
(5) B.E.S.T. Cycle VII Final Evaluation Report. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 9, 1999, transmitting for Council approval the B.E.S.T. Cycle VII Evaluation Report for FY 1997-98.
The Committee accepted the status report.
(6) Youth Commission Monthly Report. Attachment: Memorandum from Youth Commission Chairperson, Eric Coté, dated March 31, 1999, submitting the 1999 Workplan of the Youth Commission activities and events, and reporting on the recruitment efforts to fill the vacancies.
The Committee accepted the status report.
(7) Oral petitions
None presented.
(8) Adjournment
The meeting was adjourned at 4:05 p.m.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Vice Mayor Fiscalini the Education, Neighborhoods, Youth, and Seniors Committee Report and actions of April 19, 1999 were accepted with Council action on Item 7f(3) taken at Item 9b. Vote: 10-0-1-0. Absent: Diaz.
8a PUBLIC HEARING and adoption of a resolution approving the vacation of portions of Chynoweth Avenue easterly of Pearl Avenue. CEQA: Negative Declaration. (Public Works)
Documents Filed: None.
Discussion/Action: This item was dropped.
9a Interview applicants for appointment to the Campaign Finance Review and Ethics Board for an un-expired term ending February 29, 2000. (City Clerk)
Documents Filed: None.
Discussion/Action: This item was deferred to May 18, 1999.
9c Adoption of a resolution authorizing the issuance of two (2) series of multifamily housing revenue bonds, tax-exempt and taxable, in the combined principal amount not to exceed $17,200,000, and approving a loan of the proceeds to Chynoweth Housing Associates, a California limited partnership, for financing the construction of the Ohlone Chynoweth Commons Apartments Project including:
(1) Approving in substantial form the Bonds, Indenture of Trust, Loan Agreement, Regulatory Agreement, and Declaration of Restrictive Covenants, Bond Purchase Agreement, Official Statement, and Remarketing Agreement; authorizing the Directors of Finance and Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.
(2) Approval of an exception to the City’s Investment Policy to allow the proceeds of the Bonds to be invested in one (1) or more investment agreements with an institution(s) whose participation in the financing will not adversely affect the expected ratings on the Bonds, as approved by the Director of Finance.
(3) Approving the Construction and Permanent Loan Terms for the City’s Loan, in the amount of $5,200,000, to Chynoweth Housing Associates with respect to the Ohlone Chynoweth Commons apartment Project and authorizing the Director of Housing to execute, and as appropriate, to negotiate and deliver a loan agreement, subordination agreement and related documents.
(Housing/Finance)
Documents Filed: None.
Discussion/Action: This item was deferred to May 11, 1999.
10a (1) Adoption of a resolution revising Recycle Plus (RP) service rates for services beginning July 1, 1999:
(a) Increasing the single-family dwelling 32-gallon cart base rate 4% from $14.95 to $15.55 per month and the related RP rates accordingly.
(b) Increasing multi-family dwelling rates 3%.
(2) Adoption of a resolution revising the Commercial Solid Waste Collection Franchise Fee for services beginning July 1, 1999:
(a) For each incompact cubic yard collected, increase rate 17.8% from $2.41 to $2.84 per cubic, exempting the first 24,600 cubic yards.
(b) For each compacted cubic yard collected, increase rate from $7.23 to $8.52 per cubic yard.
(3) Direction to include in the 1999-2000 Schedule of Fees and Charges a decrease in the Commercial Solid Waste AB 939 Fee effective July 1, 1999:
(a) For each incompact cubic yard collected, decrease rate 30.5% from $1.44 to $1.00 per incompact cubic yard collected.
(b) For each compacted cubic yard collected, decrease rate from $4.32 to $3.00 per cubic yard.
(Environmental Services)
(Deferred from 4/13/99 – Item 10a)
Documents Filed: None.
Discussion/Action: This item was deferred to May 11, 1999.
D. Mark Abinante submitted into the public record his written comments Against Moving City Hall.
Following Oral Communications, the City Council recessed at 2:00 p.m. and reconvened at 7:00 p.m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Diaz (excused).
5a Swearing in of Youth Commissioners for District 7 and Citywide. (Mayor)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated April 26, 1999, listing the names of the Youth Commissioners to be sworn in during the evening session of the City Council meeting on May 4, 1999.
Discussion/Action: Mayor Gonzales introduced the Citywide appointee Timothy Eng, an Independence High School student, and Council Member Shirakawa, Jr. introduced Erica Garcia, District 7 appointee and a student at Oak Grove High School. City Clerk, Patricia L. O’Hearn, administered the Oath of Office to the newly appointed Youth Commissioners; and the City Council joined Mayor Gonzales in acknowledging the families of the students, who were asked to stand and be recognized.
5d Presentation of a commendation to Lambda Sigma Gamma Multicultural Sorority, Inc. Gamma Chapter on the occasion of its 10th anniversary and to commend its members for positively enhancing the lives of all San José residents through sustained community involvement. (Powers)
(Rules/Agency Rules Committee referral 4/28/99)
Documents Filed: None.
Discussion/Action: Joined by Council Member Powers at the Podium, Mayor Gonzales introduced founding members of and presented the commendation to Lambda Sigma Gamma Multicultural Sorority, Inc. Gamma Chapter. He acknowledged the international delegation and their contributions to young women of color and commended the organization for their accomplishments. Council Member Powers invited the Sorority members to stand and be recognized.
City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications and other actions as recommended. Upon motion by Council Member, seconded by Council Member and unanimously carried, the below noted continuances and other actions were granted. Vote: 10-0-1-0. Absent: Diaz.
15a PUBLIC HEARING and adoption of a resolution authorizing the reorganization of territory designated as Monterey Park #103, which involves the annexation to the City of San José of 60.55 acres of land, located on the south side of Curtner Avenue, opposite Stone Avenue, and the detachment of the same from the Central Fire Protection District, Santa Clara County Library Service District, and the Santa Clara Valley Water District. CEQA: Resolution No. 65459. (Planning, Building, and Code Enforcement).
(Continued from 2/16/99 – Item 15b et al., and 4/6/99 – Item 15b)
Documents Filed: None.
Discussion/Action: This item was continued to May 18, 1999.
15b PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the south side of the easterly terminus of Fowler Road, from A(PD) Zoning District to A(PD) Zoning District, to allow approximately 1.5 million square feet of campus industrial uses on 112 gross acres (Ta-Cheng Wang, Owner/Developer).
PDC 98-05-035 – District 8
(Continued from 3/16/99 – Item 15f and 4/6/99 – Item 15c)
Documents Filed: None.
Discussion/Action: This item was continued to June 1, 1999.
15c PUBLIC HEARING ON CONVENTIONAL REZONING of the property located at the west side of South 6th Street, 1020 feet southerly of East William Street, from the C-3 Commercial Zoning District to R-4 Residence Zoning District, to allow residential uses on 0.07 gross acre (Andy Mau Anh Lu, Owner; Mike Chen, Developer). CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1). C 99-02-013 – District 3
(Continued from 4/20/99 – Item 15j)
Documents Filed: (1) Memorandum from the Planning Commission, dated April 1, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for C99-02-013 dated March 1, 1999, and Proof of Publication dated March 12, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conventional rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25832, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of South Sixth Street 1,020 Feet Southerly of East William Street”, was passed for publication. Vote: 10-0-1-0. Absent: Diaz.
15d PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Dove Hill Road, 240 feet southerly of Colt Way, from R-1:B-3 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 30 single-family dwelling units on 4.0 gross acres (Hanson Properties, Owner; Ryland Homes, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1). PDC 98-12-095 – District 8
Documents Filed: (1) Memorandum from the Planning Commission, dated April 29, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Re-notice to consider a change in Zoning for PDC 98-12-095 dated April 9, 1999, and Proofs of Publication dated April 21 and April 16, 1999, submitted by the City Clerk. (3) Notice of Public Hearing to consider a change in Zoning for PDC 98-12-095 dated April 2, 1999, and Proof of Publication dated April 16, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Woody, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25833, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the East Side of Dove Hill Road, 240 Feet Southerly of Colt Way”, was passed for publication. Vote: 10-0-1-0. Absent: Diaz.
15e PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Grand Boulevard at North First Street, from C-2 Commercial Zoning District to A(PD) Planned Development Zoning District, to allow development of 34 single-family detached residences on 4.1 gross acres (Pooroushash Parineh, Owner; Duc Housing, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1).
PDC 98-08-057 – District 4
Documents Filed: (1) Memorandum from the Planning Commission, dated April 29, 1999, recommending Council adopt an ordinance approving the subject rezoning. (2) Public Hearing Renotice to consider a change in Zoning for PDC 98-08-057 dated April 9, 1999, and Proofs of Publication dated April 21 and 16, 1999, submitted by the City Clerk. (3) Notice of Public Hearing to consider a change in Zoning for PDC 98-08-057 dated April 7, 1999, and Proof of Publication dated April 16, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Representing Santa Clara Valley Audubon Society, Craig K. Breon spoke in support of the project and conveyed the Society’s concerns regarding (1) the protection of the nesting burrowing owls located in a drainage ditch directly across North First Street from the development site; (2) the allocation of open space within Alviso commensurate with the number of acres used in project development; and (3) outstanding commitments by the City to ensure both the residents and the environmental community that as the Alviso Master Plan went forward certain issues would be addressed - namely, mapping of important natural resource areas to alert landowners and developers of areas that should be avoided; a mowing and disking ordinance to preserve the land in habitat status before it’s developed; clear and concise identification of parcels located within legal and illegal fills; the open space goal and reporting mechanism; and the investigation of a frontage road to Highway 237 as opposed to an entrance from the Cisco lands onto Grant Boulevard. He stated none of the City’s commitments to date have been fulfilled and suggested that Council place a moratorium on any further processing of applications until some of the environmental protections have been instituted. Representing the applicant, Hank Young of MacKay and Somps agreed to the Audubon Society’s suggestion for the protection of the burrowing owls and that the Developer will rope off that section of the roadway; however, the hours for construction as approved by the Planning Department would remain from 7:00 a.m. to 6:00 p.m. With respect to open space allocations, City Attorney Gallo stated the Developer has met the goal for open space and Parkland Dedication Ordinance requirements. She suggested that Staff, on larger projects, should attempt to utilize design techniques to ensure the 1.3-acre set asides for open space. Noting her willingness to discuss with the Audubon Society its environmental concerns, Council Member Matthews spoke in support of the project and the attempts to protect the owls nesting at the site. She suggested Planning Staff at the PD Permit stage develop a management plan that would reroute construction equipment away from the nests during time of construction; however, the heavy construction equipment should not jeopardize the safety of the neighborhood. She directed Planning Staff to consistently apprize District Four Office of the developments at the site and compliance with Council direction. Related to the City’s commitments to Alviso residents and environmental community, Director of Planning, Building and Code Enforcement, James R. Derryberry, stated City Staff has begun an investigation of the areas north of State Street to determine ownership, prior permits, and the area history and feasibility of preserving some of the areas and ultimately converting back to open space the illegal or non-conforming properties. He stated the issue of the Frontage Road will be evaluated in conjunction with the Environmental Impact Report and the rezoning of the Cisco property; however, City Planning has not completed the mowing and disking ordinance. Council Member Matthews noted satisfaction with responses to the concerns raised and recommended approval of the rezoning with direction to Staff to expedite actions on the development of a management plan that would protect the burrowing owls nesting at the construction site on the west side of First Street, as long as neighborhood safety is not jeopardized by heavy construction equipment, and to proceed as fast as possible with completion of the mowing and disking ordinance. Upon motion by Council Member Matthews, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and. Ordinance No. 25834, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the North Side of Grant Boulevard Between North First Street and Archer Street”, was passed for publication with direction to Planning to develop a management plan that would protect the burrowing owls nesting on the westerly side of First Street, and that the Administration expedite completion of the mowing and disking ordinance, and submit periodic updates to the District Four Office on concerns expressed by the Audubon Society. Vote: 10-0-1-0. Absent: Diaz.
The Council of the City of San José adjourned at 7:30 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK