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 Closed Session at 9:32 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 cases of City of San José v. Banuelos, et al.; and MHC Operating Limited Partnership v. City of San José, et al.; (B) to confer with Legal Counsel regarding anticipated litigation where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code, to discuss one matter; and to discuss three matters regarding the initiation of litigation pursuant to Subsection (c) of Section 54956.9 of the Government Code; and (C) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator–City Manager designee Mark Nelson—and the Confidential Employees Organization.
By
unanimous consent, Council reconvened from the Closed Session and recessed at
11:30 a.m. and reconvened at 1:32 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.
Jetin
Grewal of Global Cultures & Arts, Inc. presented historical information on
the origin of the Afribbean Performers and presented to the Mayor and each
Council Member a T-shirt with a packet of materials on the dance troupe.
(District 8)
Mayor
Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
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
with additional deferrals of Item 5a to the evening session and Item 6f(1) to
September 14, 1999. Vote: 11-0-0-0.
CONSENT CALENDAR
Upon
motion by Vice Mayor Fiscalini, seconded by Council Member Powers and
unanimously carried, the Consent Calendar was approved and the below listed
actions were taken as indicated. Vote: 11-0-0-0.
Ordinances for Final Adoption
6b(1) ORD. NO. 25939 – Prezones
certain real property situated at the east side of Capitol Avenue, between
Riverrun Drive and Gay Avenue. PDC 99-01-003
Documents
Filed: Proof of publication of the
title of Ordinance No. 25939 executed on August 13, 1999, submitted by the City
Clerk.
Discussion/Action:
Ordinance No. 25939 was adopted. Vote: 9-2-0-0. Noes: LeZotte; Gonzales.
6b(2) ORD. NO. 25938 –
Rezones certain real property situated at the west side of Hostetter Road, 120
feet southerly of Silver Tree Drive. C
99-06-050
Documents
Filed: Proof of publication of the
title of Ordinance No. 25938 executed on August 24, 1999, submitted by the City
Clerk.
Discussion/Action:
Ordinance No. 25938 was adopted. Vote: 11-0-0-0.
Public Hearings Set by Council
6c(1) Adoption of a resolution
initiating proceedings on an ordinance of the City of San José amending Chapter
20.24 of Title 20 of the San José Municipal Code relating to “development
standards for the R-1 Residence Districts” by amending Section 20.24.040 to
reduce the allowable height to 2 stories and 30 feet and to establish a maximum
floor area ratio, and setting a public hearing on November 2, 1999 at 7:00
p.m. and referring the ordinance to the Planning Commission for its
recommendations and comments.
(Planning, Building and Code Enforcement)
(Rules Committee
referral 9/1/99)
Documents
Filed: Memorandum from the Planning Commission, dated August 26, 1999,
recommending the adoption of said resolution to be placed on the City Council
Agenda of September 7, 1999.
Discussion/Action:
Vice Mayor Fiscalini stated the proposed changes to the ordinance have
increased in scope with respect to the proposed floor area ratios, and that
special attention should be given to how extensively the new ordinance would be
applied. Noting the number of inquiries received from various community groups
interested in the policy, he urged Staff to ensure public outreach efforts
include the real estate industry, developers and homebuilders, residents and
contractors, as well as those stakeholders concerned with impacts resulting
from enactment of the ordinance. As a point of information, City Attorney Joan
R. Gallo stated the adoption of the resolution initiates the process and
proceedings, and that modifications can be made up to and including final
adoption of the ordinance relating to the development standards for the R-1
Residence Districts. Resolution No. 69097, entitled: “A Resolution of the
Council of the City of San José Initiating Proceedings on an Ordinance of the
City of San José Amending Chapter 20.24 of Title 20 of the San José Municipal
Code Relating to Development Standards for the R-1 Residence Districts By
Amending Section 20.24.040 to Reduce the Allowable Height to 2 Stories and 30
Feet and to Establish a Maximum Floor Area Ratio and Setting a Public Hearing
for November 2, 1999 at 7:00 p.m. and Referring Said Ordinance to the Planning
Commission for Its Review and Comments”, was adopted. Vote: 11-0-0-0.
Contracts/Agreements
6e(1) Approval of a continuation
agreement with CDI Communication Consultants for the preparation of the San
José International Airport Information Technology Master Plan, extending the
term of the agreement to November 1, 1999, at no additional cost to the City. (Airport)
Documents
Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated August
19, 1999, recommending Council approve said continuation agreement with CDI
Communication Consultants.
Discussion/Action:
William J. Garbett spoke against the proposed action. The continuation
agreement with CDI Communication Consultants was approved and its execution
authorized. Vote: 11-0-0-0.
6e(2) Approval of an agreement
with the Prusch Park Farm and Cultural Arts Foundation for the support of capital
improvements, events, and programs at Emma Prusch Memorial Park. (Conventions, Arts and Entertainment)
Documents
Filed: Memorandum from Director of Conventions,
Arts and Entertainment, Nancy Johnson, dated August 25, 1999, recommending
Council approve said agreement.
Discussion/Action:
The agreement with the Prusch Park Farm and Cultural Arts Foundation was
approved and its execution authorized. Vote: 11-0-0-0.
6e(3) Approval of award of open
purchase orders for supplies, materials, equipment, and services for FY
1999-2000 #9, 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 August 19, 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. 9 for FY 1999-2000 was approved and
execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(4) Approval of a third
amendment to the agreement with Media Connections Group for assistance in
developing a Telecommunications Master Plan, extending the term by 12 months,
from July 1, 1999 to June 30, 2000, at no additional cost to the City.
(Information Technology)
[Deferred from 8/31/99
– Item 6e(3)]
Documents
Filed: None.
Discussion/Action:
This item was deferred to September 14, 1999.
6e(5) Approval of a first
amendment to the agreement with Orloff/Williams & Company for advertising
and public outreach services for South Bay Water Recycling, increasing the
amount by $75,000, from $75,000 to $150,000, and extending the term by 12
months, from August 31, 1999 to August 30, 2000. (Environmental Services)
[Deferred from 8/24/99
– Item 6e(5) and 8/31/99 – Item 6e(5)]
Documents
Filed: None.
Discussion/Action:
This item was deferred to September 21, 1999.
Routine Legislation
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 $2,500,000 for the Tennant Avenue Bridge – Phase II Project. (City Manager’s Office)
Documents Filed:
None.
Discussion/Action:
This item was deferred to September 14, 1999.
6f(2) Adoption of a resolution
accepting a monetary donation of approximately $20,000 to $30,000 from the
Silicon Valley Capital Club for use by the Police Department to purchase and
upgrade trauma kits. (Police)
Documents
Filed: Memorandum from Chief of Police William M. Lansdowne, dated August
19, 1999, recommending Council adopt said resolution.
Discussion/Action:
Resolution No. 69098, entitled: “A Resolution of the Council of the City of San
José Accepting a Donation of Approximately $20,000 to $30,000 From the Silicon
Valley Capital Club to be Used By the Police Department in the Purchase and
Upgrade of Trauma Kits”, was adopted. Vote: 11-0-0-0.
6f(3) (a) Approval
of recommended changes to the City of San José Bail Schedule and direction to
the City Attorney to submit the recommended changes in the Bail Schedule to the
Superior Court Bail Committee.
(b) Approval
of an ordinance amending Section 1.08.020 of Chapter 1.08 of Title 1 of the San
José Municipal Code to update the list of infractions.
(c) Approval
of an ordinance repealing Chapter 11.68 of Title 11 of the San José Municipal
Code, ambulance regulations.
(City Attorney’s
Office)
[Deferred from 8/31/99
– Item 6f(2)]
Documents
Filed: (1) Memorandum from City Attorney, Joan R. Gallo, dated September 3,
1999, recommending Council approve repeal of Ambulance Regulations Ordinance. (2)
Memorandum from City Attorney, Joan R. Gallo, dated August 18, 1999,
recommending Council approve the recommended changes to the Bail Schedule and
direct the City Attorney to submit same to the Superior Court Bail Committee,
and approve said ordinance.
Discussion/Action:
The recommended changes to the City of San José Bail Schedule were approved; Ordinance
No. 25940, entitled: “An Ordinance of the City of San José Amending Section
1.08.020 of Chapter 1.08 of Title 1 of the San José Municipal Code, Which Lists
All Infractions, to Make Technical Corrections to the List of
Infractions"; and Ordinance No. 25941, entitled: “An Ordinance of the City
of San José Repealing Chapter 11.68 of Title 11 of the San José Municipal Code
to Repeal Ambulance Regulations”, were passed for publication. Vote: 11-0-0-0.
6f(4) 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 $576,023. (City Manager’s
Office)
[Deferred from 8/31/99
– Item 6f(3)]
Documents
Filed: None.
Discussion/Action:
This item was deferred to September 14, 1999.
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee
– August 25, 1999
Documents
Filed: Rules Committee Report of the meeting on August 25, 1999.
(1) Review September 7, 1999 Agenda
The Committee approved the September 7, 1999 Council Agenda with no
changes.
(2) Add New Items to August 31, 1999 Amended
Agenda
The Committee recommended five additions to the August 31, 1999 City
Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record
No Public
Record filed.
(5) Boards and
Commissions. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated
August 20, 1999, recommending approval of a one-year leave of absence for
Senior Citizens Commission Al Yahanda.
(a)
Request for Leave of Absence from Senior Citizens Commissioner
The Committee recommended approving a leave of absence from July 1, 1999
to June 30, 2000 for Senior Citizens Commissioner Al Yahanda to serve on the
Santa Clara County Grand Jury.
(6) Council Referrals for Assignment to Appropriate
Committee, Administration, or Council Appointee. Attachment: Memorandum from Director of Conventions, Arts and
Entertainment, Nancy Johnson, dated August 20, 1999, recommending the
Rules Committee discuss the request by Air Systems and determine whether the
request and options should be forwarded to the City Council for consideration.
(a) Request for waiver of the parking fee at
the Central Service Yard by Air Systems Shows
The Committee recommended denial of the Air Systems request to waive parking
charges at the Central Service Yard on September 11, 1999 and directed the
Administration to study the possibility of granting fee waivers in the future.
(7) Oral communications
None Presented.
(8) Adjournment
The meeting was
adjourned at 2:10 p.m.
Discussion/Action:
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and
unanimously carried, the Rules Committee Report and actions of August 25, 1999 were
accepted. Vote: 11-0-0-0.
7c Report of the Finance
and Technology Committee – August 25, 1999
Documents
Filed: Finance and Technology Committee Report of the meeting on
August 25, 1999.
(1) Remarketing Agent Replacement
(2) Monthly Financial Statements for July
1999
(3) Capital Cost Report for July 1999
(4) Cash Flow Projection
Items
1-4 were referred to the Redevelopment Agency Board for consideration.
(5) Investment Committee Review of Report on
Refinancing of Convention Center Debt. Attachment: Memorandum from Director of
Finance John V. Guthrie, and Redevelopment Agency Director of Finance and
Budget David Baum, dated June 17, 1999, recommending approval of the concept of
utilizing a synthetic refunding for the refinancing of the Convention Center
Debt with direction to Staff to develop a financing plan for City
Council/Agency Board/Financing Authority Board approval later in 1999.
The Committee accepted the Staff report with the direction that should Staff
decide to recommend another investment option in the future, Staff will present
a report to the Finance and Technology Committee for further discussion.
(6) Confirmation of Auditor’s Workplan for
1999-2000 Continued Discussion on Redevelopment Agency Operating Expenditures.
Attachment: Letter from City Auditor, Gerald A. Silva, dated August 16, 1999,
summarizing the action the Finance and Technology Committee has taken regarding
the City Auditor’s 1999-2000 Workplan.
The Committee accepted the Workplan with the addition of the operating
expenditures. Noes: Fiscalini, on Redevelopment Agency Operating Expenditures.
(7) June 1999 Investment Committee Minutes.
Attachment: Memorandum from Director of Finance, John V. Guthrie, dated August
16, 1999, submitting as information the minutes to the June 30, 1999 meeting.
The Committee
recommended approval of the minutes.
(8) Fire Fleet Condition Report. Memorandum
from Director of General Services, Steve S. Yoshino, dated August 2, 1999,
submitting the semi-annual assessment report on the mechanical condition of the
City’s Fire Fleet.
The Committee accepted the Staff report with the direction that further
status reports on the Fire Department’s Master Plan be presented to the Finance
and Technology Committee.
(9) Review of Contract between the City and
Municipal Resource Consultant
The Committee deferred this item to the September 8, 1999 Finance and Technology
Committee meeting.
(10) June/July Monthly Report. Letter from City
Auditor, Gerald A. Silva, dated August 19, 1999, transmitting a written report
of The Office of the City Auditor’s
Activities for the month of June 15 through August 15, 1999 and the
schedule of audit costs for June and July, 1999.
The Committee
accepted the reports.
(11) Sewer Fund Expenditures Audit
The Committee deferred this item to the September 8, 1999 Finance and
Technology Committee meeting.
(12) Multiple Housing Inspection Program Audit.
Attachment: City Auditor’s Executive Summary of An Audit Of The Multiple Housing Inspection Program, from the
Office of the City Auditor, dated August 1999; and the Administration’s
Response to the same, dated August 13, 1999, from Director of Planning,
Building and Code Enforcement, James R. Derryberry.
The Committee
accepted the report.
(13) Sales and Business Tax for Quarter ending March 31, 1999.
Attachments: Letter from City Auditor, Gerald A. Silva, dated June 30, 1999,
transmitting a report on the Sales and
Business Tax Audit Results For The Quarter Ended March 31, 1999.
The Committee accepted the report.
(14) Report on Unfunded Projects: Attachment:
Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 9,
1999, attaching a report on unfunded capital project staff costs for the period
July 1, 1998 through June 30, 1999.
The Committee
accepted the report.
(15) Oral petitions
None Presented.
(16) Adjournment
The meeting was
adjourned at 10:50 a.m.
Discussion/Action:
Upon motion by Council Member Woody, seconded by Council Member LeZotte and
unanimously carried, the Finance and Technology Committee Report and actions of
August 25, 1999 were accepted. Vote: 11-0-0-0.
7e Report of the
Transportation and Environment Committee – August 26, 1999
Documents
Filed: Transportation and Environment Committee Report of the meeting on
August 26, 1999.
(1) Consent Calendar. Attachment: Status
Report on the Senate Constitutional Amendment 3 (SCA 3), for August 1999.
(a) Informational Report on Senate
Constitutional Amendment 3 (SCA 3).
The Committee recommended approval of the informational report.
(2) Additional Noise Monitoring Sites Status
Report. Attachment: Memorandum from Director of Aviation, Ralph G. Tonseth,
dated August 12, 1999, recommending acceptance of the status report on the
addition of two new aircraft noise monitoring system locations.
The Committee
accepted the status report – No further action required.
(3) Clean Bay Strategy Report Update.
Attachments: (1) Memorandum from Director of Environmental Services, Carl W.
Mosher, dated August 12, 1999, submitting additional information on all
programs related to implementation of the Plant’s National Pollution Discharge
Elimination (NPDES) permit for protection of South San Francisco Bay. (2) Bound
document entitled Clean Bay Strategy (South Bay Watershed Activities) Status
Report, July 1999, administered by the Environmental Services Department.
(4) Annual Report on the Urban Runoff
Management Plan. Attachment: Memorandum from Director of Environmental
Services, Carl W. Mosher, dated August 12, 1999, recommending Council authorize
the City Manager to submit the Annual Report and certification for the Urban
Runoff Management Plan to the San Francisco Bay Regional Board in conformance
with the City’s Municipal Separate Storm Sewer System National Pollutant
Discharge Elimination System (NPDES) permit requirements, pursuant to the
Federal Clean Water Act.
The Committee discussed simultaneously the Clean Bay Strategy and the
Urban Runoff Management Plan and recommended acceptance of both reports.
(5) Parkland Dedication and Park Impact
Ordinance – 1 Yr. Review.
The Committee deferred action on this item to September 23, 1999
Transportation and Environment Committee meeting to allow time for Staff to
provide an update on and to respond to questions raised in a letter received by
the Home Builders Association.
(6) Oral petitions
None
Presented.
(7) Adjournment
The
meeting was adjourned at 3:20 p.m.
Discussion/Action:
Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and
unanimously carried, the Transportation and Environment Committee Report and
actions of August 26, 1999 were accepted. Vote: 11-0-0-0.
Mayor Gonzales
introduced special guests Ms. Subbish Ma’Ani, Senator in the Jordanian
Government; Mr. Suhail Janjua, Pakistan Information Officer in the Punjabi
Government; Mr. Bobby Yap, General Manager of the Singapore Community
Development Council; and United Democratic Party Leader, Mr. John Cheyo,
Tanzania Parliament Member. The dignitaries were asked to stand and be
recognized.
GENERAL GOVERNMENT
9a Interview applicants for
appointment to the Campaign Finance Review and Ethics Board for an unexpired
term ending February 29, 2000. (City
Clerk)
(Deferred from 5/4/99
– Item 9a et al., and 8/24/99 – Item 9d)
Documents
Filed: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated September
1, 1999, noting the withdrawal of two applicants, and submitting the names of
the two remaining applicants selected to be interviewed for the Campaign
Finance Review and Ethics Board to fill an unexpired term ending February 29,
2000. (2) Memorandum from City Attorney, Joan R. Gallo, dated August 27, 1999,
highlighting major areas of potential conflict that may be disclosed by the
applications. (3) Memorandum from City Clerk, Patricia L. O’Hearn, dated April
30, 1999, submitting the names of the five applicants selected to be
interviewed for the Campaign Finance Review and Ethics Board to fill an
unexpired term ending February 29, 2000. (4) Memorandum from City Attorney,
Joan R. Gallo, dated April 27, 1999, highlighting major areas of potential
conflict that may be disclosed by the applications.
Discussion/Action:
As a point of information, Mayor Gonzales stated two of the four candidates
have withdrawn their applications from consideration, and that ballots will be
provided each Council Member, immediately following the interviews of the two
remaining candidates. The applicant receiving two-thirds vote of the City
Council will be appointed to serve on the Ethics Board. Mary Alice Callahan and
Stephen Sanger were interviewed, and on the first ballot the City Council
appointed Mary Alice Callahan to fill an unexpired term on the Campaign Finance
Review and Ethics Board.
9b Recommendation of the
Arts Commission to name the complex at Alum Rock Avenue and King Road the
“Mexican Heritage Plaza – Centro Cultural de San José.”
(City Clerk)
Documents
Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated August 23,
1999, recommending Council consider the recommendation of the Arts Commission
to name said complex.
Discussion/Action:
Upon motion by Council Member Diaz, seconded by Council Member Matthews and
unanimously carried, the Arts Commission recommendation to name the complex at
Alum Rock Avenue and King Road the “Mexican Heritage Plaza – Centro Cultural de
San José”, was approved. Vote: 11-0-0-0.
9c Adoption of a
resolution:
(1) Increasing
the fund reservation from $2,940,473 to $3,501,228 to Community Home Builders
and Associates, or its designated partnership, for the development of a 75-unit
housing project affordable to low- and very low-income households on a 3.2-acre
site located on the west side of King Road, northerly of Mabury Road.
(2) Approving
business terms for an acquisition and predevelopment loan of up to $3,501,228
for the project.
(3) Authorizing
the Director of Housing to negotiate and execute all necessary documents on
behalf of the City.
(Housing)
Documents
Filed: Memorandum from Director of Housing, Alex Sanchez, dated August 19,
1999, recommending Council adopt said resolution.
Discussion/Action:
Upon motion by Council Member Matthews, seconded by Vice Mayor Fiscalini and
unanimously carried, Resolution No. 69099, entitled: “A Resolution of the
Council of the City of San José (i) Increasing the Fund Reservation From
$2,940,473 to $3,510,228 for Community Home Builders and Associates, or Its
Designated Partnership, for the Development of a 75-Unit Housing Project
Affordable to Low- and Very Low-Income Households on a 3.2 Acre Site Located on
the West Side of King Road, Northerly of Mabury Road; (ii) Approving Business
Terms For an Acquisition and Predevelopment Loan of Up to $3,501,228 to
Community Home Builders and Associates, or Its Designated Partnership For the
Project (iii) Authorizing the Director of Housing to Negotiate and Execute All
Necessary Documents on Behalf of the City”, was adopted. Vote: 11-0-0-0.
Items 9d and 9e were considered together.
9d Adoption of a resolution
setting population limits for purpose of calculating the Voluntary Expenditure
Limits for the Year 2000 Municipal Election Cycle.
(City Clerk)
(Deferred from 6/8/99
– Item 9b et al., and 8/31/99 – Item 9a)
9e Adoption of an urgency
ordinance amending Chapter 2.08 of Title 2 of the San José Municipal Code to
change the terms of office for Ethics Board members and amending Chapter 12.06
of Title 12 to amend the City of San José Campaign Contribution Ordinance.
(City Attorney’s Office)
(Continued from
8/31/99 – Item 9c)
Documents
Filed: (1) Memorandum from City Attorney, Joan R. Gallo, dated September 7,
1999, submitting the proposed resolution setting expenditure limits for the
Voluntary Expenditure Limits Program component of the Campaign Ordinance. (2)
Memorandum from City Clerk, Patricia L. O’Hearn, dated May 19, 1999,
recommending adoption of the Voluntary Expenditure Limits Resolution pursuant
to the Municipal Code of the City of San José. (3) Memorandum from Mayor
Gonzales, dated September 3, 1999, recommending Council approve language as
drafted by the City Attorney. (4) Memorandum from Council Member Chavez, dated
September 7, 1999, recommending Council refer several specific items to the
Campaign Finance Review and Ethics Board for recommendations. (5) Memorandum
from City Attorney, Joan R. Gallo, dated September 2, 1999, summarizing the
City Attorney’s Office analysis of various concepts raised by the Mayor and
City Council at the August 31, 1999 Council meeting.
Discussion/Action:
William J. Garbett spoke against the proposed action. Referencing his August
26, 1999 Biennial Ethics Review Report and Recommendation to the City Council,
Mayor Gonzales stated the City Charter provides that the Mayor, on an biennial
basis, conduct a review of the City’s Code of Ethics and ethic standards and
make recommendations to the City Council for amendments or changes. He stated
the proposed measures are intended to clarify, simply, and create a more
accurate Campaign Contribution system; and predicated upon Council approval, the
proposals would then be referred to the Ethics Board for review and recommendation
back to Council within a specified timeframe. He requested that the City Clerk
provide the Ethics Board with the proposals and referrals from the hearing on August
31, 1999, as well as those from today’s discussion related to campaign reforms.
With respect to Item 9d, he stated the City Attorney has provided information
on the adjusted population formula for the purposes of calculating the
voluntary expenditure limits, which is based on the 1990 Census data and
adjusted by the percentage increase in residents as determined by population
data provided by the State of California, Department of Finance, and that those
limits would again be adjusted when the 2000-Year Census data becomes
available. As outlined in her September 7, 1999 memorandum on Campaign Reforms,
Council Member Chavez reviewed the recommendations for referral to the Campaign
Finance Review and Ethics Board for subsequent action by the City Council,
which included (1) contracting of an independent professional staff for the
Ethics Board; (2) inclusion of a $20,000 loan payback cap in the voluntary
campaign finance program; (3) conducting post-campaign audits to validate
compliance; and (4) to encourage compliance with the City’s campaign reform and
ethics requirements, explore feasibility of public financing of candidate
compliance. In addition to the review of the voluntary spending limits of the
ordinance, she suggested the issue of the $20,000 loan payback cap should be
considered in conjunction with the expenditures and a timeline, and that the
Ethics Board should review best practices on a national level. With regard to
the September 3, 1999 memorandum from Mayor Gonzales, Council Members Dando,
LeZotte and Woody preferred the language in Item B2 to be changed to allow for
the rollover of surplus funds from primary to general elections into the
voluntary spending limits; expressed concern regarding Item A5 and the creation
of incentives for campaigns to obtain professional assistance for compliance
services; and with respect to the campaign reforms proposed by Council Member
Chavez, expressed opposition to Item #3, the proposal that the Ethics Board
conduct post-campaign audits to validate compliance or noncompliance. Vice
Mayor Fiscalini expressed philosophical opposition to public financing of
elections, noting officials should be responsible for their own funding
activity. City Attorney Joan R. Gallo expressed concern with the number of
suggested changes and the effect which one change will have on various sections
of the Campaign Ordinance. With general direction from Council, she stated the
City Attorney’s Office can draft new language to either prevent or permit the
rollover of surplus funds from primary to general elections; however, if
specific levels of funding are to be addressed in the ordinance, Council should
remove the entire Expenditures
section of the urgency ordinance and direct the City Attorney’s Office to
rewrite the provision and return it to Council for consideration. In the
interim, she suggested Council approve the urgency ordinance with direction to
the City Attorney’s Office to look at those areas of concern and report back
with appropriate modifications. Given the complex nature of Campaign finance
and compliance and the significance of Council discussion generated by the
biennial report and recommendations, Mayor Gonzales requested Council’s support
to accomplish the following: (1) Approval of Items A1 through A7 as recommended
in the Mayor’s memorandum of September 3, 1999; (2) Approval to change the
language in B2 to allow the rollover of surplus funds from primary election to
general election with specific language to be brought back by the City
Attorney; (3) Referral of Items A5, B1, B2 and B3 to the Ethics Board for
report and recommendation back to the Council; (4) Approval to delete from the
Urgency Ordinance, on page 4 of the attachment to the City Attorney’s
memorandum of September 2, 1999, the entire Section 12.06.815 – Expenditures; and (5) to refer to
the Ethics Board for review and a report back to Council the issues presented
in the September 7, 1999 memorandum from Council Member Chavez. Upon motion by
Vice Mayor Fiscalini, seconded by Council Member Chavez and unanimously
carried, Resolution No. 69100, entitled: “A Resolution of the Council of the
City of San José Setting Population Limits For Purposes of Calculating the
Voluntary Expenditure Limits for the 2000 Municipal Election Cycle”, was
adopted. Vote: 11-0-0-0. Urgency Ordinance No. 25942, entitled: “An Urgency Ordinance
of the City of San José Amending Section 2.08.1620 of Chapter 2.08 of Title 12
to Provide That Expiration of Terms for the Members of the Ethics Board Shall
Expire Non-Election Years; Amending the Following Sections of Chapter 12:
Section 12.06.340 of Chapter 12.06 With Regard to the Campaign Contribution
Collection Period and Return of Contributions During the Blackout Period; and
to Amend the Voluntary Campaign Expenditure Limits Program Chapter 12.06
Including Section 12.06.810 So That Non-Monetary Contributions Shall Be Counted
as Expenditures and Amending Section 12.06.820 of Chapter 12.06 of Title 12 to
Provide For Use of Data From the Finance Department of the State of California and
Setting Forth the Facts Constituting Such Urgency”, was adopted with
recommendations contained in memoranda from Mayor Gonzales, dated September 3,
1999, and from Council Member Chavez, dated September 7, 1999, approved as
modified with Ethics Board responses and recommendations due to Council within
120 days. Vote: 11-0-0-0.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS
11a Approval of a cooperation
agreement between the City and The Redevelopment Agency regarding the Civic
Plaza Redevelopment Area.
(City Manager’s Office/Redevelopment
Agency)
(Deferred from 8/31/99
– Item 11a)
Documents
Filed: None.
Discussion/Action:
This item was deferred to September 14,
1999.
ORAL
COMMUNICATIONS
Cathy
S. Brandhorst addressed the City Council.
RECESS/RECONVENE
Following
Oral Communications, Council recessed at 3:35 p.m. and reconvened at 7:05 p.m.,
Council Chambers, City Hall.
Present:
Council Members: Chavez, Dando,
Diaz, Diquisto, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Vice Mayor Fiscalini (excused)
CEREMONIAL ITEMS
5a Presentation of
commendations to the winners of the Northern California Lifeguard Games.
(Parks, Recreation and Neighborhood Services)
Documents
Filed: None.
Discussion/Action:
Joining Mayor Gonzales and Council Member Diquisto at the Podium, Director of
Parks, Recreation and Neighborhood Services Mark Linder, introduced Aquatics
Coordinator and Recreations Supervisor, Camden Life Center, Tricia Hall, who
presented commendations to Northern California Lifeguard Games First Place Team
Winners Matt Enamy, Jenna Martarano, Michael Masuda, and Lori Shoemaker. The
City Council joined Mayor Gonzales in congratulating the team for placing First
Place – Overall in the Thirteenth Annual Northern California Lifeguard Games.
Assistant City
Clerk Nancy Alford read the requests for continuances of applications and other
actions as recommended. Upon motion by Council Member Powers, seconded by
Council Member Matthews and unanimously carried, the below noted continuances
and other actions were granted. Vote 10-0-1-0. Absent: Fiscalini.
PUBLIC HEARINGS
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 8/3/99 – Item 15a)
Documents
Filed: None.
Discussion/Action:
This item was continued to October 5, 1999.
15b PUBLIC HEARING and
approval of an ordinance amending Sections 20.44.310 and 20.44.810 of Chapter
20.44 of Title 20 of the San José Municipal Code to specify the circumstances
under which a Site Development Permit is required for single family homes. CEQA:
Exempt. (Planning, Building, and
Code Enforcement)
(Continued from
6/15/99 – Item 15d and 8/3/99 – Item 15c)
Documents
Filed: None.
Discussion/Action:
This item was continued to November 2, 1999.
15i PUBLIC HEARING ON
CONFORMING REZONING of the property located at the east side of South Fifth
Street, 140 feet northerly of East San Fernando Street, from R-4 Residence
Zoning District to C Commercial Zoning District, on 0.56 gross acre (First
Christian Church, Owner/Developer).
CEQA: Exempt.
C 99-08-068 -
District 3
Documents
Filed: None.
Discussion/Action:
This item was continued to September 21, 1999.
15j PUBLIC HEARING ON
CONFORMING REZONING of the property located at the west side of South First
Street, approximately 110 feet northerly of Goodyear Street (1037 South First
Street), from M-1 Manufacturing Zoning District to C-2 Commercial Zoning
District, to allow a hotel on 0.33 gross acres (Vinod Patel, Owner; Sharad Lal,
Developer). CEQA: Resolution No. 65459. Director of Planning, Building, and
Code Enforcement recommends approval. No Planning Commission action required.
C 99-06-047 -
District 3
Documents
Filed: None.
Discussion/Action:
This item was continued to September 21, 1999.
15c PUBLIC HEARING and
adoption of a resolution approving the vacation of:
(1) West
Old Julian Street between Pleasant Street and Highway 87 and Pleasant Street
between Bassett Street and West Julian Street.
(2) A
portion of a public utility easement on the west side of Route 87 between West
Old Julian Street and West Julian Street.
(3) And
reserving a public utility easement over both areas.
CEQA: Resolution No. 60198. (Public Works)
Documents
Filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr.,
dated August 19, 1999, recommending Council adopt said resolution of intention.
(2) Affidavit of Posting of the Notices of Vacation for said areas, dated August
19, 1999. (3) Proof of Publication of Resolution No. 69065, executed on August
27, 1999, submitted by the City Clerk.
Discussion/Action:
Mayor Gonzales opened the public hearing on the proposed street vacations.
There was no discussion from the Floor. Upon motion by Council Member Chavez,
seconded by Council Member Shirakawa, Jr., and unanimously carried, the public
hearing was closed, and Resolution No. 69101, entitled: “Resolution of the
Council of the City of San José Vacating Portions of West Julian Street and
Pleasant Street and a Portion of a Public Utility Easement”, was adopted. Vote
10-0-1-0. Absent: Fiscalini.
15d PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the northwest corner of Almaden
Expressway and Rajkovich Way, from A(PD) Planned Development Zoning District to
A(PD) Planned Development Zoning District, to allow six single-family detached
residences on 0.82 gross acre (Robert Longinetti, Owner/Developer). CEQA:
Negative Declaration. Director of Planning, Building and Code
Enforcement recommends approval. Planning Commission recommends approval
(7-0-0).
PDC 98-11-086 -
District 10
(Continued from
8/17/99 – Item 15d)
Documents
Filed: (1) Memorandum from the Planning Commission, dated August 19, 1999,
recommending Council adopt an ordinance approving the subject rezoning. (2)
Public Hearing Notice to consider a change in Zoning for PDC 98-11-086, dated
July 7, 1999, and Proof of Publication executed on July 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 Dando, seconded by Council Member LeZotte and unanimously
carried, the public hearing was closed, the Planning Commission recommendation
approved, and Ordinance No. 25943, entitled: “Ordinance of the City of San José
Rezoning Certain Real Property Situated at the Northwest Corner of Almaden
Expressway and Rajkovich Way”, was passed for publication. Vote 10-0-1-0.
Absent: Fiscalini.
15e PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the west side of Jackson
Avenue, 350 feet south of Alum Rock Avenue, from R-1:B-6 Residence Zoning
District and I-Industrial Zoning District to A(PD) Planned Development, to
allow 74 single-family detached residences on 7.36 acres (Mayfair Nurseries,
Owner; Charles Davidson, Developer).
CEQA: Negative Declaration. Director
of Planning, Building and Code Enforcement recommends approval. Planning
commission recommends approval (6-0-0).
PDC 99-03-020
and PDC 99-03-021 - District 5
Documents
Filed: (1) Memorandum from the Planning Commission, dated August 26, 1999,
recommending Council adopt an ordinance approving the subject rezoning. (2)
Public Hearing Notice to consider a change in Zoning for PDC 99-03-020 and PDC
99-03-021 dated July 15, 1999, and
Proof of Publication executed on July 30, 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 Diaz, seconded by Council Member Woody and unanimously carried,
the public hearing was closed, the Planning Commission recommendation approved,
and Ordinance No. 25944, entitled: “An Ordinance of the City of San José
Rezoning Certain Real Property Situated at the West Side of Jackson Avenue, 350
Feet South of Alum Rock Avenue” (PDC 99-03-020); and Ordinance No. 25945,
entitled: “Ordinance of the City of San José Rezoning Certain Real Property
Situated at the West Side of Jackson Avenue 200 Feet North of San Antonio
Street” (PDC 99-03-021, were passed for publication. Vote 10-0-1-0. Absent: Fiscalini.
15f PUBLIC HEARING ON CITY
COUNCIL-INITIATED PLANNED DEVELOP-MENT REZONING of certain properties
consisting of approximately 3.6 gross acres on the west side of Saratoga Avenue
between Blackford Avenue and Doyle Road, from R-1 Residence and A(PD) Planned
Development to the A(PD) Planned Development Zoning District, to allow existing
uses and future development of the area in conformance to the General Plan Land
Use/Transportation Diagram Designation of Combined Residential Commercial
(Various, Owners; City of San José, Developer). CEQA: Negative Declaration. Director
of Planning, Building, and Code Enforcement recommends approval. Planning
Commission recommends approval (7-0-0).
PDCC 98-12-101
- District 1
Documents
Filed: (1) Memorandum from the Planning Commission, dated August 19, 1999,
recommending Council adopt an ordinance approving the subject rezoning. (2)
Public Hearing Notice to consider a change in Zoning for PDCC 98-12-101 dated
July 21, 1999, and Proof of Publication executed on July 30, 1999, submitted by
the City Clerk.
Discussion/Action:
Mayor Gonzales opened the public hearing on the City Council-initiated planned
development rezoning of the subject properties. There was no discussion from
the Floor. Upon motion by Council Member LeZotte, seconded by Council Member Woody
and unanimously carried, the public hearing was closed, the Planning Commission
recommendation approved, and Ordinance No. 25946, entitled: “Ordinance of the
City of San José Rezoning Certain Real Property Situated at the West Side of
Saratoga Avenue Between Blackford Avenue and Doyle Road”, was passed for
publication. Vote 10-0-1-0. Absent: Fiscalini.
15g PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the east side of Camden Avenue,
119 feet northwesterly of Kooser Road, from A(PD) Planned Development Zoning
District to A(PD) Planned Development Zoning District, to allow the addition of
a 24,866 square foot building enclosing a new swimming pool and tennis court
lighting to an existing athletic club complex on 4.5 gross acres (James R.
Theiring, Owner; Almaden Valley Athletic Club, Developer). CEQA: Negative
Declaration. Director of Planning, Building, and Code Enforcement recommends
approval. Planning Commission
recommends approval with direction for staff and applicant to develop
conditions at Planned Development Permit stage on community coordination, noticing
of tournaments, disturbance coordinator, etc. (7-0-0).
PDC 99-05-042 -
District 9
Documents
Filed: (1) Memorandum from the Planning Commission, dated August 19, 1999,
recommending Council adopt an ordinance approving the subject rezoning. (2)
Public Hearing Notice to consider a change in Zoning for PDC 99-05-042 dated
July 21, 1999, and Proof of Publication executed on July 30, 1999, submitted by
the City Clerk.
Discussion/Action:
Mayor Gonzales opened the public hearing on the planned development rezoning of
the subject property. Project architect Rex E. Morton spoke in support of the
proposed rezoning. Upon motion by Council Member Diquisto, seconded by Council
Member Chavez and unanimously carried, the public hearing was closed, the
Planning Commission recommendation approved, and Ordinance No. 25947, entitled:
“Ordinance of the City of San José Rezoning Certain Real Property Situated at
the East Side of Camden Avenue, 119 Feet Northwesterly of Kooser Road”, was
passed for publication. Vote 10-0-1-0. Absent: Fiscalini.
15h PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the southeast corner of Lewis
Road and Wall Street, from A(PD) Planned Development Zoning District to A(PD)
Planned Development Zoning District, to allow up to 24 single-family detached
residential units on 2.18 gross acres (Chan Yong and Yung-Hi Pak, Owner: Core
Development, Developer). CEQA: Negative
Declaration. Director of Planning, Building and Code Enforcement recommends
approval. Planning Commission recommends approval (6-0-0).
PDC 99-06-046 -
District 7
Documents
Filed: (1) Memorandum from the Planning Commission, dated August 26. 1999,
recommending Council adopt an ordinance approving the subject rezoning. (2)
Public Hearing Notice to consider a change in Zoning for PDC 99-06-046 dated
August 3, 1999, and Proof of Publication executed on August 13, 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 Shirakawa, Jr., seconded by Council Member Matthews and
unanimously carried, the public hearing was closed, the Planning Commission
recommendation approved, and Ordinance No. 25948, entitled: “Ordinance of the
City of San José Rezoning Certain Real Property Situated at the Southeast
Corner of Lewis Road and Wall Street”, was passed for publication. Vote
10-0-1-0. Absent: Fiscalini.
Disclosure of Closed
Session Actions of September 7, 1999 submitted by City Attorney, Joan R. Gallo:
A. Authority
to Seek Appellate Review in A Litigation Case:
1. Case Name: MHC Operating Limited Partnership v. City of
San
José et al
Adverse Party or Parties: MHC Operating Limited Partnership
Substance
of Litigation: Writ Proceeding to Review Mobilehome Park Rent Decision.
Council Vote: Ayes: Chavez, Dando, Diaz, Diquisto,
Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Noes: None.
Absent: None.
Disqualified: None.
B. Authority
to Enter Litigation Case as Amicus Curiae:
1. Case Name: AT&T Corp. Telecommunications, Inc., et al. v. City of
Portland, et al.
Adverse Party or Parties:
AT&T Corp. Telecommunications, Inc.
Substance
of Litigation: This action challenges the City of Portland’s cable television
regulations.
Council Vote: Ayes: Chavez, Dando, Diaz, Diquisto,
Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Noes: None.
Absent: None.
Disqualified: None.
2. Case Name: Griset v. FPPC
Adverse Party or Parties: Griset
Substance
of Litigation: This action challenges the validity of the State’s mass mailing
law with regard to campaign literature.
Council Vote: Ayes: Chavez, Dando, Diaz, Diquisto,
Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Noes: None.
Absent: None.
Disqualified: None.
3. Case Name: Apartment Association of Los Angeles County, Inc., et al. v.
City of Los Angeles
Adverse Party or Parties: Apartment Association of Los Angeles County,
Inc., et al.
Substance of Litigation: This action
challenges the validity of a service fee adopted by the City of Los Angeles to
fund inspection and enforcement of a program to identify and remedy substandard
residential rental property.
Council Vote: Ayes: Chavez, Dando, Diaz, Diquisto,
Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Noes: None.
Absent: None.
Disqualified: None.
The
Council of the City of San José adjourned at 7:15 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK
By: NANCY ALFORD, ASSISTANT CITY CLERK