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,
Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody;
Gonzales.
Absent: Council Members: None.
Upon motion unanimously adopted, the
City Council recessed to a Closed Session at 9:30 a.m. in Room 600 to (A)
confer with Legal Counsel pertaining to existing litigation pursuant to Government
Code Section 54956.9 Subsection (a) to consider the case of Martin, et al.
vs. City of San José, et al.; (B) to confer with Legal Counsel regarding anticipated
litigation and to initiate litigation in a matter pursuant to subdivision
(c) of Section 54956.9 of the Government Code; and (C) to confer with Labor
Negotiator pursuant to Government Code Section 54957.6 related to the following:
City Negotiator City Manager designee Mark Nelson, and Employees Organization,
Municipal Employees Federation.
By unanimous consent, Council reconvened
from Closed Session and recessed at 11:45 a.m. and reconvened at 1:30 p.m.
in Council Chambers, City Hall.
Present:
Council Members: Chavez, Dando,
Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody;
Gonzales
Absent: Council Members: None.
Father Samuel Dinkha, Assyrian Church
of the East, delivered the invocation. (District 6)
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: 11-0-0-0.
The Council of the City of San José
recessed at 2:11 p.m. and reconvened at 3:30 p.m. to consider the remaining
items on the Council Agenda.
Present:
Council Members: Chavez, Dando,
Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody;
Gonzales
Absent: Council Members: None.
CEREMONIAL
ITEMS
5a Presentation of a commendations to Charlene
Gundersgard, Cambrian School District Assistant Superintendent for Ida Price
Middle School, Sartorette Elementary School, and Fammatre Elementary School
for having been recognized as California Distinguished Schools. (DiQuisto)
(Rules/Agency Rules
Committee referral 6/23/99)
Documents Filed:
None.
Discussion/Action:
Council Member Diquisto acknowledged the accomplishments of the three recipients
of the California Distinguished School Award, Cambrian School District, and
Assistant District Superintendent Charlene Gundersgard, and announced the
presentation of the commendations will be scheduled for a later date.
5b Presentation of a commendation to John
Muir Middle School for having been recognized as a California Distinguished
School. (DiQuisto)
(Rules/Agency Rules
Committee referral 6/23/99)
Documents Filed:
None.
Discussion/Action:
Council Member Diquisto acknowledged the accomplishments of the John Muir
Middle School, San José Unified School District, as a recipient of the California
Distinguished School Award, and stated the commendation will be presented
at a later date.
5c Presentation of a commendation to Jim
Russel, Principal, for Leigh High School having been recognized as a California
Distinguished School. (DiQuisto)
(Rules/Agency Rules
Committee referral 6/23/99)
Documents Filed:
None.
Discussion/Action:
Council Member Diquisto acknowledged the accomplishments of Leigh High School
as a recipient of the California Distinguished School Award, Campbell Union
High School District, and Principal Jim Russell, and stated the commendation
will be presented at a later date.
5d Presentation of a commendation to Mayor
Gonzales and the City Council on behalf of Mayor Doyle of Belfast, Ireland.
(Powers)
(Rules/Agency Rules
Committee referral 6/23/99)
Documents Filed:
None.
Discussion/Action:
Joining Mayor Gonzales at the Podium, Council Member Powers introduced Seamus
Walker, who presented a plaque to Mayor Gonzales and the City Council on behalf
of Mayor Doyle of Belfast, Ireland. Council Member Powers introduced five
student interns of the 40 individuals from Dublin and Belfast who have participated
in the San José-Dublin Sister Cities Program of instructional technology,
job shadowing and call service areas. Accompanying the delegates were sponsors
and advisors Tanya Hughes, James Carswell, Peter Johnson, and Noel Wheeland,
and former San José City College affiliate Chuck Salsworth who coordinated
transportation and housing accommodations for the visitors. Mayor Gonzales
expressed the Council’s appreciation and invited the guests to stand and be
recognized.
Presentation of a commendation to Mayor
Gonzales and the City Council on behalf of the Baja California Fire Department
in recognition of San José’s contribution of fire apparatus. Fire Captains
Renee Rosado, Gabriel Gomez Ruiz, and Javier Sepulveda
presented commendations to Council Member Diquisto in recognition of his assistance
with the transaction.
10a Adoption of a resolution approving the
Fiscal Year 1999-2000 rates for Sewer Service and Use/Storm Sewer Service
Charges. (City Manager’s Office)
Documents Filed:
Memorandum from City Attorney, Joan R. Gallo, dated June 28, 1999, recommending
Council adopt said resolution.
10a (Cont’d.)
Discussion/Action:
William J. Garbett spoke against the proposed action. Upon motion by Vice
Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried,
Resolution No. 68979, entitled: “A Resolution of the Council of the City of
San José Setting a Schedule of Sewer Service and Use Charges for Fiscal Year
1999-2000 and Setting a Schedule of Storm Sewer Service Charges for Fiscal
Year 1999-2000”, was adopted. Vote: 11-0-0-0.
10b Adoption of the Annual Appropriation Ordinance,
including transfers and loans for Fiscal Year 1999-2000 and the Manager’s
Budget Addendum #58.
(City
Manager’s Office)
Documents Filed:
Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June
17, 1999, recommending Council amend the Proposed Capital Budget and CIP to
declare net proceeds from variable rate bonds and allocate funds for specific
project purposes, and amend the Proposed Operating Budget to include the New
Civic Center Design Team in the Public Works Department and associated staffing
in the Department of Streets & Traffic.
Discussion/Action:
William J. Garbett spoke against the proposed action. Upon motion by Vice
Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried,
Ordinance No. 25916, entitled: “Annual Appropriation Ordinance of the City
of San José for City’s Fiscal Year Beginning July 1, 1999 and Ending June
30, 2000, Appropriating and Authorizing the Expenditure of Moneys for the
Operation of Each of the Offices, Departments, and Agencies of the City During
Said Fiscal Year, and for Various Other Purposes and Objects for Said Fiscal
Year; and Providing for Transfers From Various City Funds to Other City Funds
as May Be Necessary During Said Fiscal Year”, was adopted. Vote: 11-0-0-0.
10c Adoption of the Annual Funding Sources
Resolution for Fiscal Year 1999-2000 and the Manager’s Budget Addenda #58
and #59. (City Manager’s Office)
Documents Filed:
Memorandum from Budget Director, Larry D. Lisenbee, dated June 25, 1999 attaching
the revised Sources and Use Statements prepared for all funds where revisions
to the published 1999-2000 Proposed Operating and Capital Budgets have been
recommended.
Discussion/Action:
William J. Garbett spoke against the proposed action. Upon motion by Vice
Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried,
Resolution No. 68980, entitled: “A Resolution of the Council of the City of
San José Adopting the Estimated Sources of Funds for Fiscal Year 1999-2000”;
and Resolution
10c (Cont’d.)
No. 68980.1, entitled:
“A Resolution of the Council of the City of San José Establishing 1995-96
General Aviation Fees, Rates and Charges for City Shelter, Hangar, and Shelter
Spaces and Fees for Certain Fueling Activities at San José International Airport,
and Repealing Resolution No. 66078”, were adopted. Vote: 11-0-0-0.
10d Adoption of a resolution in compliance
with Article XIIIB of the Constitution of the State of California and as modified
by Proposition 111 and SB 99 electing the population and inflation factors
and establishing the Fiscal Year 1999-2000
Appropriation Limit. (City Manager’s Office)
Documents Filed:
Memorandum from Budget Director, Larry D. Lisenbee, dated June 15, 1999, recommending
Council take appropriate actions with respect to the City’s 1999-2000 “Gann
Limit”.
Discussion/Action:
William J. Garbett spoke against the proposed action. Upon motion by Vice
Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried,
Resolution No. 68981, entitled: “A Resolution of the Council of the City of
San José Electing the Population and Inflation Adjustment Factors and Establishing
the 1999-2000 Appropriations Limit of the City of San José Pursuant to California
Constitution Article XIIIB, and Section 7900 Et Seq. of the California Government
Code”, was adopted. Vote: 11-0-0-0.
Upon motion by Vice Mayor
Fiscalini, seconded by Council Member Dando and unanimously carried, the Consent
Calendar was approved and the below listed actions were taken as indicated.
Vote: 11-0-0-0.
6a(1) Regular Meeting of May 11, 1999
Documents Filed:
Minutes of the regular meeting of May 11, 1999.
Discussion/Action:
The minutes were approved. Vote: 11-0-0-0.
6a(2) Regular Meeting of May 18, 1999
Documents Filed:
Minutes of the regular meeting of May 18, 1999.
Discussion/Action:
The minutes were approved. Vote: 11-0-0-0.
6a(3) Regular Meeting of May 25, 1999
Documents Filed:
Minutes of the regular meeting of May 25, 1999.
Discussion/Action:
The minutes were approved. Vote: 11-0-0-0.
6a(4) Adjourned Regular Meeting of May 25, 1999
Documents Filed:
Minutes of the adjourned regular meeting of May 25, 1999.
Discussion/Action:
The minutes were approved. Vote: 11-0-0-0.
Ordinances
for Final Adoption
6b(1) ORD. NO. 25891 – Amends Chapter 4.80
of Title 4 to add a new Part 49 and amending Chapter 15.16 of Title 15 of
the San José Municipal Code to revise the method of establishing and collecting
storm sewer service charges and to revise provisions related to disputed storm
sewer service bills.
Documents Filed:
Proof of publication of the title of Ordinance No. 25891 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
William J. Garbett spoke against the proposed action. Ordinance No. 25891
was adopted. Vote: 11-0-0-0.
6b(2) ORD. NO. 25892 – Rezones certain
real property situated on the east side of South White Road, 360 feet south
of McKee Road. PDC 98-09-073
Documents Filed:
Proof of publication of the title of Ordinance No. 25892 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25892 was adopted. Vote: 11-0-0-0.
6b(3) ORD. NO. 25893 - Rezones certain
real property situated on the north side of Deer Isle Drive opposite Azzarello
Court. PDC 98-06-041
Documents Filed:
Proof of publication of the title of Ordinance No. 25893 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25893 was adopted. Vote: 11-0-0-0.
6b(4) ORD. NO. 25894 - Rezones certain
real property situated on the east side of South First Street, 160 feet northerly
of East Virginia Street (760 S. First Street).
Documents Filed:
Proof of publication of the title of Ordinance No. 25894 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25894 was adopted. Vote: 11-0-0-0.
6b(5) ORD. NO. 25895 - Rezones certain
real property situated on the southeasterly corner of US 101 and Silver Creek
Valley Road. PDC 98-08-063
Documents Filed:
Proof of publication of the title of Ordinance No. 25895 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25895 was adopted. Vote: 11-0-0-0.
6b(6) ORD. NO. 25896 - Rezones certain
real property situated on the northeast corner of San Felipe Road and Yerba
Buena Road PDC 98-11-090
Documents Filed:
Proof of publication of the title of Ordinance No. 25896 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25896 was adopted. Vote: 11-0-0-0.
6b(7) ORD. NO. 25897 - Rezones certain
real property situated on the southeast corner of Union Avenue and Los Gatos-Almaden
Road. PDC 99-01-006
Documents Filed:
Proof of publication of the title of Ordinance No. 25897 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25897 was adopted. Vote: 11-0-0-0.
6b(8) ORD. NO. 25898 - Rezones certain
real property situated on the southwest corner of Winchester Boulevard and
Payne Avenue. PDC 98-12-097
Documents Filed:
Proof of publication of the title of Ordinance No. 25898 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25898 was adopted. Vote: 11-0-0-0.
6b(9) ORD. NO. 25899 - Rezones certain
real property situated on the southeast corner of Luby Drive and Avalani Avenue.
PDC 98-12-094
Documents Filed:
Proof of publication of the title of Ordinance No. 25899 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25899 was adopted. Vote: 11-0-0-0.
6b(10) ORD. NO. 25900 - Rezones certain real
property situated on the west side of South Bascom Avenue, 535 feet northerly
of Union Avenue. PDC 99-03-023
Documents Filed:
Proof of publication of the title of Ordinance No. 25900 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25900 was adopted. Vote: 11-0-0-0.
6b(11) ORD. NO. 25901 - Rezones certain real
property situated on the south side of Yerba Buena Road, 2,000 feet southerly
of US 101. PDC 98-10-077
Documents Filed:
Proof of publication of the title of Ordinance No. 25901 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25901 was adopted. Vote: 11-0-0-0.
6b(12) ORD. NO. 25902 - Rezones certain real
property situated on the southeast corner of Bird Avenue and West San Carlos
Street. PDC 98-07-051
Documents Filed:
Proof of publication of the title of Ordinance No. 25902 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25902 was adopted. Vote: 11-0-0-0.
6b(13) ORD. NO. 25903 - Rezones certain real
property situated on the west side of North King Road, 200 feet northerly
of Mabury Road. PDCSH 99-03-022
Documents Filed:
Proof of publication of the title of Ordinance No. 25903 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25903 was adopted. Vote: 11-0-0-0.
6b(14) ORD. NO. 25904 - Rezones certain real
property situated on the southeast corner of Sierraville Avenue and Morrill
Avenue. C 98-11-087
Documents Filed:
Proof of publication of the title of Ordinance No. 25904 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25904 was adopted. Vote: 11-0-0-0.
6b(15) ORD. NO. 25905 - Prezones certain real
property situated on the northwest corner of Woodard Road and Calvin Avenue.
C 99-01-008
Documents Filed:
Proof of publication of the title of Ordinance No. 25905 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25905 was adopted. Vote: 11-0-0-0.
6b(16) ORD. NO. 25906 - Rezones certain real
property situated on the southwest corner of Story Road and Clemence Avenue.
C 99-03-024
Documents Filed:
Proof of publication of the title of Ordinance No. 25906 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25906 was adopted. Vote: 11-0-0-0.
6b(17) ORD. NO. 25907 - Rezones certain real
property situated on the southwest corner of Monterey Road and Cottage Grove
Avenue. C 99-04-033
Documents Filed:
Proof of publication of the title of Ordinance No. 25907 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25907 was adopted. Vote: 11-0-0-0.
6b(18) ORD. NO. 25908 - Prezones certain real
property generally bounded by West San Carlos Avenue, Scott Street, Chiechi
Avenue, and Meridian Avenue, and parcels on both sides of Buena Vista Avenue.
CC 99-04-029
Documents Filed:
Proof of publication of the title of Ordinance No. 25908 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
William J. Garbett spoke against the proposed action. Ordinance No. 25908
was adopted. Vote: 11-0-0-0.
6b(19) ORD. NO. 25909 - Prezones certain real
property situated in the public right of way of Stevens Creek Boulevard and
O’Connor Drive extending approximately 500 feet west and 125 feet east of
DiSalvo Avenue. CC 99-05-040
Documents Filed:
Proof of publication of the title of Ordinance No. 25909 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
William J. Garbett spoke against the proposed action. Ordinance No. 25909
was adopted. Vote: 11-0-0-0.
6b(20) ORD. NO. 25910 - Prezones certain real
property in the public right of way on the east side of North Bascom Avenue
extending from Forest Avenue to Olive Street and the entire Forest Avenue
right of way from North Bascom Avenue to Topeka Avenue. CC 99-05-041
Documents Filed:
Proof of publication of the title of Ordinance No. 25910 dated June 22, 1999,
submitted by the City Clerk.
Discussion/Action:
William J. Garbett spoke against the proposed action Ordinance No. 25910 was
adopted. Vote: 11-0-0-0.
6b(21) ORD. NO. 25914 – Amends Chapter 3.36
of Title 3 of the San José Municipal Code to include FLSA premium pay in final
compensation for purposes of calculation of retirement benefits in the Police
and Fire Department Retirement Plan.
Documents Filed:
Proof of publication of the title of Ordinance No. 25914 dated June 25, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25914 was adopted. Vote: 11-0-0-0.
6b(22) ORD. NO. 25915 – Repeals Section 20.04.509
of Chapter 20.04 of Title 20 of the San José Municipal Code and amends Part
9 of Chapter 20.08 of Title 20 to establish new permitting requirements for
temporary outdoor uses of private property.
Documents Filed:
Proof of publication of the title of Ordinance No. 25915 dated July 2, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25915 was adopted. Vote: 11-0-0-0.
Public
Hearings Set by Council
6c(1) Adoption of a resolution to:
(a) Initiate proceedings to considered the property at 516 Martha
Street as a landmark of special historic, architectural, cultural, aesthetic,
or engineering interest or value of a historic nature.
(b) Setting a public hearing on August
24, 1999 at 1:30 p.m.
(c) Refer the matter back to the Historic Landmarks Commission
for its consideration at a public hearing, report and recommendation.
CEQA: Exempt. (Planning, Building
and Code Enforcement)
Documents Filed:
(1) Memorandum from the Historic Landmarks Commission, dated June 9, 1999,
recommending Council adopt said resolution. (2) Affidavit of Routing of a
copy of Resolution Number 68982 initiating proceedings designating said property
as a City Landmark, dated July 9, 1999 and submitted by the City Clerk.
Discussion/Action:
Resolution No. 68982, entitled: “Resolution of the Council of the City of
San José Initiating Proceedings On Its Own Motion, Pursuant to the Provisions
of Chapter 13.48 of Title 13 of the San José Municipal Code, to Designate
the Old Home of Benevolence as a City Landmark of Special Historical, Architectural,
Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”,
was adopted. Vote: 11-0-0-0.
6c(2) Adoption
of a resolution to consider the establishment of an Underground Utility District
at Almaden Road from Alma Avenue to 1000 feet south of Alma Avenue and to
set a public hearing on August 10, 1999 at 1:30 p.m. CEQA: Exempt.
(Public Works)
Documents Filed:
Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June
9, 1999, recommending Council adopt said resolution.
Discussion/Action:
Resolution No. 68983, entitled: “A Resolution of the Council of the City of
San José Setting the Time and Place for a Public Hearing to Consider the Establishment
of an Underground Utility District at Almaden Road on August 10, 1999 at 1:30
p.m.”, was adopted. Vote: 11-0-0-0.
Plans
and Specifications
6d(1) TRACT NO. 9149 - San Felipe Road (E/S), 1,800 feet south of
the Villages Parkway - Mardel, LLC. (Developer) – 17 single family attached
units. Adoption of resolutions approving the plans, final map, contract, water
main extension agreement and Parkland Agreement for Tract No. 9149. CEQA: ND.
District 8. (Public Works)
6d(1) (Cont’d.)
Documents Filed:
Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June
24, 1999, recommending Council adopt said resolutions.
Discussion/Action:
Speaking against the proposed action, Pasquale Gianotta and William Shepherd
requested a deferral of the final adoption of the resolution to allow various
property owners and their representatives to address outstanding legal issues.
City Attorney, Joan R. Gallo, stated the conditions for approval have been
met by the applicant, the disagreement between the property owners with respect
to the easement is not subject to Council deliberation, and that Council action
must be confined to final adoption of the resolutions approving the plans,
final map, contract and water main extension and parkland agreements for Tract
9149. Resolution No. 68984, 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. 9149”; Resolution No. 68985, entitled: “A Resolution of
the Council of the City of San José Approving and Accepting Final Map of Tract
No. 9149”; Resolution No. 68986, 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. 9149”; and Resolution No.
68987, entitled: “A Resolution of the Council of the City of San José Approving
and Authorizing the Execution of Agreement for the Water Main Extension, Tract
No. 9149”, were adopted. Vote: 11-0-0-0.
Contracts/Agreements
6e(1) Report