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, Gonzales
Absent: Council Members: Shirakawa, Jr., Woody (both excused)
Upon motion unanimously adopted, the City Council recessed to a Closed Session at 9:35 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the cases of Tang v. Acer America Corp., et al.; and Guadalupe Solid Waste Disposal v. City of San José; (B) to confer with Legal Counsel regarding anticipated litigation (1) where there is significant exposure to a matter involving litigation pursuant to subsection (b) of Section 54956.9 of the Government Code, and (2) to discuss three (3) matters involving initiation of litigation 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 with respect to the following: (1) City Negotiator–City Manager designee Alex Gurza and Management and Unrepresented Employees Units 4, 15, 16, 19, 21 and 99 Employee Organizations; and (2) City Negotiator–City Manager designee Alex Gurza and the Association of Building and Mechanical and Electrical Inspectors Unit 3 Employee Organization.
By unanimous consent, Council reconvened from the Closed Session, recessed at 11:00 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.; Gonzales
Absent: Council Members: Woody (excused)
Pastor Don Hammond, Church of the Chimes, delivered the invocation. (District 9)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Matthews and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote 10-0-1-0. Absent: Woody.
CEREMONIAL ITEMS
5a Presentation
of the Government Finance Officers Association’s Certificate of Achievement for
Excellence in Financial Reporting to the San José International Airport and the
Finance Department. (Finance)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented an award to and congratulated the Finance Department represented by Director of Finance John Guthrie and Deputy Director of Finance Mark Burton, and Airport Administration represented by Aviation Director Ralph Tonseth and Deputy Director Terri Gomes, for winning the coveted Government Finance Officers Association’s Certificate of Excellence in Financial Reporting. The Finance Department honorees were asked to stand and be recognized.
5b Presentation
of plaques to Teddy Morse for 6 years 3 months service on the Traffic Appeals
Commission and to Forrest Williams for 7 years 8 months service on the Planning
Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented plaques to Teddy Morse and Forrest Williams, and thanked the volunteers for their contributions to the citizens of San Jose.
5e Presentation
of a commendation to Jim Tomaino, President of the San José Police Officers
Association, for adopting the “Walk to End Domestic Violence” as the POA’s
public service project, and co-sponsoring the event. (Woody)
Documents Filed: None.
Discussion/Action: This item was deferred to October 26, 1999.
5d Acknowledgement
and presentation of certificates to the second annual “Walk to End Violence”
Planning Committee members. (Woody)
Documents Filed: None.
Discussion/Action: This item was deferred to October 26, 1999.
5e Presentation
of a proclamation declaring October 17-23, 1999, as “YWCA Week Without
Violence”. (Mayor)
(Rules
Committee referral 10/13/99)
Documents Filed: None.
Discussion/Action: Mayor Gonzales introduced YWCA executives Jill Arnone President of the Board of Directors, Bonnie Ryman—Public Relations Associate, Susie Wilson—Honorary Chair of the Advisory Committee, and Keri Procunier McLain—CEO, who accepted the proclamation and encouraged the public to participate in the various activities acknowledging the need to reduce violence throughout the City of San José.
CONSENT CALENDAR
Upon motion by Council Member Powers, seconded by Council Member Diaz and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote 10-0-1-0. Absent: Woody.
Minutes for Approval
6a(1) Regular
Meeting of August 31, 1999
Documents Filed: Minutes of the regular meeting of August 31, 1999.
Discussion/Action: The Minutes were approved. Vote 10-0-1-0. Absent: Woody.
Ordinances for Final Adoption
6b(1) ORD.
NO. 25962 – Amends Section 15.08.300 of Chapter 15.08 of Title 15 of the
San José Municipal Code to permit Council approval of contracts for the
provision of water service by the San José Municipal Water System outside its
service area, without requiring annexation to the City, under limited
circumstances.
Documents
Filed: Proof of publication of the
title of Ordinance No. 25962 executed on October 5, 1999 and submitted by the
City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25962 was adopted. Vote 10-0-1-0. Absent: Woody.
6b(2) ORD.
NO. 25967 – Rezones certain real property situated at the south side of
Fowler Road, 100 feet westerly of Middle Park Drive. PDC 98-11-088
Documents
Filed: Proof of publication of the
title of Ordinance No. 25967 executed
on October 12, 1999 and submitted by the City Clerk.
Discussion/Action: Ordinance No. 25967 was adopted. Vote 10-0-1-0. Absent: Woody.
6b(3) ORD.
NO. 25968 – Rezones certain real property situated at the west side of
Glenview Drive opposite Rajkovich Way. PDC 99-03-017
Documents Filed: Proof of publication of the title of Ordinance No. 25967 executed on October 12, 1999 and submitted by the City Clerk.
Discussion/Action: Ordinance No. 25968 was adopted. Vote 10-0-1-0. Absent: Woody.
Public
Hearings Set by Council
6c(1) Adoption
of a resolution initiating proceedings and setting a date for Council
consideration of the reorganization of territory designated as Buena Vista No.
1 which involves the annexation to the City of San José of 38.0 acres of land,
bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue, Meridian
Avenue, and both sides of Buena Vista Avenue and the detachment of the same
from the Sunol Sanitary District, Burbank Sanitary District, County Lighting
District, and Central Fire District.
CEQA: Resolution No. 65459.
(Planning, Building and Code Enforcement)
[Deferred
from 8/3/99 – Item 6c(1) and 8/17/99 – Item 6c(1)]
Documents Filed: None.
Discussion/Action: This item was deferred to December 7, 1999.
6c(2) Adoption
of a resolution of intention to vacate a portion of Blue Jay Drive between
Thrush Drive and Bobolink Drive, reserving a sanitary sewer easement over the
entire area, and setting a public hearing on November 16, 1999 at 7:00 p.m.
CEQA: Resolution No. 67894. (Public
Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 30, 1999, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69155, entitled: “A Resolution of the Council of the City of San José Approving a Certain Map Showing the Portion of Blue Jay Drive Between Thrush Drive and Bobolink Drive Which the Council Proposes to Vacate, Subject to the Reservation of a Certain Sanitary Sewer Easement, Directing the City Clerk to File the Map in the Office of the City Clerk; Describing the Sanitary Sewer Easement to be Reserved; Setting a Public Hearing; and Directing Notice to be Posted”, was adopted. Vote 10-0-1-0. Absent: Woody.
Plans and Specifications
6d(1) TRACT
NO. 9123 – Within the Evergreen Specific Plan Area (ESP) and more
specifically located on the south side of Quimby Road, 200 feet westerly of
Chaboya Road – Standard Pacific of Northern California, a division of Standard
Pacific Corporation, a Delaware Corporation (Developer) – 6 single family
detached residential units. Adoption of a resolution approving the final map
and approval of a parkland agreement for Tract No. 9123. CEQA: Resolution No.
63179. District 8. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 12, 1999, recommending Council adopt said resolution for Tract No. 9123.
Discussion/Action: Resolution No. 69156, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9123”, was adopted. Vote 10-0-1-0. Absent: Woody.
6d(2) TRACT
NO. 9188 – Umbarger Road (S/S), west of /Cramer Circle – DKB Homes Co.
(Developer) – 40 single family detached residential units. Adoption of
resolutions approving the plans, final map, and contract and approval of a
parkland agreement for Tract No. 9188. CEQA: ND. District 7. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 12, 1999, recommending Council adopt said resolutions for Tract No. 9188.
Discussion/Action: Resolution No. 69157, 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. 9188”; Resolution No. 69158, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9188”; Resolution No. 69159, “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. 69159”, were adopted. Vote 10-0-1-0. Absent: Woody.
Contracts/Agreements
6e(1) Approval
of a Reuse and Recycling agreement with the Salvation Army for the
reimbursement of cost associated for each cubic yard of commercial solid waste
generated by this authorized non-profit per fiscal year, in an amount not to
exceed $139,500. (Environmental Services)
[Deferred
from 9/14/99 – Item 6e(5)(b) et al., and 10/5/99 – Item 6e(2)]
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated August 26, 1999, recommending Council approve agreements with Goodwill Industries of Santa Clara County, The Salvation Army, and St. Vincent de Paul Society for the maximum amounts specified.
Discussion/Action: This item was dropped.
6e(2) Adoption of a resolution authorizing the
City Manager to negotiate and execute an amendment to amend the annual
operating fee and create a performance pay fee in the Foreign-Trade Zone
Operating Agreement with San José Distribution Services. (Economic Development)
Documents Filed: Memorandum from Director of Economic Development, Leslie S. Parks, dated September 30, 1999, recommending Council approve Staff recommendation to amend Foreign-Trade Zone Operating Agreement with San José Distribution Services.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69160, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Economic Development to Negotiate and Execute An Amendment to the Foreign Trade Zone Agreement With San José Distribution Services, Inc.”, was adopted. Vote 10-0-1-0. Absent: Woody.
6e(3) Approval
to reject all proposals submitted in response to the Request for Proposals
issued for professional services for a Full Service Ultra Low Flush Toilet
Installation Program for FY 1999-2000. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 30, 1999, recommending Council approve Staff recommendation to reject all proposals submitted in response to said RFP. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated October 15, 1999, recommending approval to reject all proposals submitted in response to said RFP.
Discussion/Action: The rejection of all proposals submitted in response to the Request for Proposals issued for professional services was approved. Vote 10-0-1-0. Absent: Woody.
6e(4) Adoption of:
(a) A
resolution authorizing the City Manager to negotiate and execute a grant
agreement with the State Water Resources Control Board for preparation of a
Watershed Assessment Report.
(b) Related appropriation ordinance and
funding sources resolution for amendments in the General Fund in the total
amount of $90,000.
(Environmental
Services/City Manager’s Office)
Documents Filed: Memorandum from Director of Environmental Services Carl W. Mosher, and Budget Director Larry D. Lisenbee, dated September 30, 1999, recommending Council adopt said resolutions and related appropriation ordinance amendments in the General Fund.
Discussion/Action: In response to Vice Mayor Fiscalini’s inquiry into activities involving the grant application and the City’s participation in the watershed management efforts, Director of Environmental Services, Carl W. Mosher stated the California Environmental Protection Agency – State Water Resources Control Board – released a request for proposal to conduct water quality planning and nonpoint source implementation projects that reduce, eliminate, or prevent water pollution and that enhance water quality. He stated the grant application was submitted to the State Board in April of 1998 and the funding for the City’s proposed project was approved in March of 1999. Noting the total cost for the project, he stated the State Board will fund $90,000 and the remaining $84,000 has been appropriated in the Environmental Services Department 1999-2000 Operating Budget. He stated the City’s project will assist the Santa Clara Basin Watershed Management Initiative in coordinating activities to develop a watershed assessment report and watershed management plan, which is intended to integrate existing watershed programs and identify specific actions to reduce and prevent pollution, and will be presented to the State Regional Board. With regards to future reporting, he stated Staff will submit to Council periodic updates on the various tasks, activities and measurements related to the Watershed Management Initiative. With respect to Vice Mayor Fiscalini’s objection to the funding responsibility mandated by the State, he stated the Core Group is prepared to work collaboratively on a regional basis with the State regarding the mandates and associated funding. Resolution No. 69161, entitled: “A Resolution of the Council of the City of San José Accepting a Grant in An Amount Up to $90,000 From the State Water Resources Control Board and Authorizing the City Manager to Negotiate and Execute a Grant Agreement in the Amount of $90,000 With the State Water Resources Control Board for Preparation of a Watershed Assessment Report”; Ordinance No. 25969, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Total Amount of $90,000 to Coordinate Watershed Assessment Efforts for the Period Between November 1, 1999 Through November 30, 2000; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69162, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the General Fund", were adopted. Vote: 9-1-1-0. Noes: Fiscalini. Absent: Woody.
6e(5) Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 1999-2000 #13, and
authorization for the Director of General Services to execute the purchase
orders. (General Services)
Documents Filed: None.
Discussion/Action: This item was deferred to October 26, 1999.
6e(6) Approval
of a second amendment to the agreement with Joan Frye Williams for assistance
with planning for the Library’s technology needs, extending the term of the
agreement by seven (7) months from October 31, 1999 to May 31, 2000, at no
additional cost to the City. (Library)
Documents Filed: Memorandum from City Librarian, Jane Light, dated September 30, 1999, recommending Council approve the second amendment to said agreement with Joan Frye Williams.
Discussion/Action: William J. Garbett spoke against the proposed action. The second amendment to the agreement with Joan Frye Williams was approved and execution of the amendment authorized. Vote 10-0-1-0. Absent: Woody.
6e(7) Approval
of a continuation agreement for consultant services with JMP Golf Design Group
for the preparation of construction contract documents for the Tuers/Capitol
Golf Course to continue the term through September 30, 2000, and to increase
the contract amount by $195,000, for a maximum compensation of $545,000.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 30, 1999, recommending Council approve said continuation agreement with JMP Golf Design Group.
Discussion/Action: William J. Garbett spoke against the proposed action. The continuation agreement for consultant services with JMP Golf Design Group was approved and execution of the agreement authorized. Vote 10-0-1-0. Absent: Woody.
6e(8) Approval of an agreement for consultant
services with Kennedy/Jenks Consultants to provide utility system design
services for the Happy Hollow Park & Zoo Infrastructure Improvements Phase
1 Project for a term from the retroactive date of July 15, 1999 through January
15, 2001, for a base fee amount of $289,000, and additional services in the amount
of $40,000, for a total agreement amount not to exceed $329,800. (Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred to November 2, 1999.
6e(9) Adoption of a resolution authorizing the
City Clerk to negotiate and execute an agreement with the Milwaukee Public
Schools for the services of Harry L. Brooks to conduct a biennial performance
audit of the City Auditor’s Office for 1997-98 and 1998-99 in an amount not to
exceed $7,500, pursuant to the peer review guidelines of the National
Association of Local Government Auditors (NALGA). (Mayor)
(Rules
Committee referral 10/13/99)
Documents Filed: Memorandum from Mayor Gonzales, dated October 6, 1999, recommending Council authorize the City Clerk to negotiate and execute an agreement with the Milwaukee Public Schools for the services of Harry L. Brooks to conduct said performance audit.
Discussion/Action: Resolution No. 69163, entitled: “A Resolution of the Council of the City of San José Delegating to the City Clerk the Authority to Execute an Agreement With the Milwaukee Public Schools for the Services of Harry L. Brooks to Conduct a Biennial Performance Audit of the City Auditor’s Office for 1997-98 and 1998-99 in an Amount Not to Exceed $7,500, Pursuant to the Peer Review Guidelines of the National Association of Local Government Auditors (NALGA)”, was adopted. Vote 10-0-1-0. Absent: Woody.
6e(10) Approval
of the removal of a subcontractor, Lakeshore Electric Co., and substitution of
Bevans Electric, Inc. to perform electrical work for the Southside Community
and Senior Center Renovation Project. CEQA:
ND. (Public Works)
(Rules
Committee referral 10/13/99)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 13, 1999, recommending Council approve said subcontractor substitution.
Discussion/Action: William J. Garbett spoke against the proposed action. The removal of subcontractor Lakeshore Electric Co., and the substitution of Bevans Electric, Inc. were approved. Vote 10-0-1-0. Absent: Woody.
Routine Legislation
6f(1) Adoption
of appropriation ordinance and funding sources resolution amendments to various
Capital Funds. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: This item was deferred to November 2, 1999.
6f(2) Approval
of Mayor Ron Gonzales’ travel to Dallas, Texas, October 7, 1999, to meet with
American Airlines executives on air service development. Funding: Airport.
(Mayor)
Documents Filed: None.
Discussion/Action: The travel for Mayor Gonzales to attend a meeting in Dallas, Texas, was approved. Vote 10-0-1-0. Absent: Woody.
6f(3) Authorization
for the Mayor to create a Taxi Task Force, which would advise the Council on
policies and procedures, related to the taxi industry.
(Chavez, Powers/Mayor)
(Rules
Committee referral 10/13/99)
Documents Filed: Memorandum from Mayor Gonzales and Council Members Chavez and Powers, dated October 12, 1999, recommending Council authorize the creation of a Taxi Task Force.
Discussion/Action: The creation of a Taxi Task Force was approved and Council Members were admonished to refer at least two nominations to the Mayor’s Office within ten (10) days for potential appointments. Vote 10-0-1-0. Absent: Woody.
END OF CONSENT CALENDAR
7b Report
of the Rules Committee - Meeting of September 29, 1999
Documents Filed: Rules Committee Report of September 29, 1999.
(1) Review October 12, 1999 Draft Agenda
This item was dropped. The meeting was cancelled.
(2) Add New Items to October 5, 1999 Amended Agenda
The Committee recommended seven additions to the October 5, 1999 City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record
No Public Record Filed.
(5) 1999 League of California Cities Resolutions
Council heard this item on October 5, 1999.
(6) 1999 National League of Cities Voting Delegate and Alternates at the Annual Business Meeting
Council heard this item on October 5, 1999.
(7) Request to use Council General funds to attend League of California Cities 1999 Annual Conference in San José, CA, October 1999. Attachments: (1) Memorandum from Council Member Chavez, dated September 22, 1999, submitting authorization for use of Council General Funds to attend the League of California Cities Elected Officials Leadership Academy. (2) Memorandum from Council Member Diaz, dated September 17, 1999, submitting authorization to travel within California to attend the League of California Cities 1999 Annual Conference. (3) Memorandum from City Clerk, Patricia L. O’Hearn, dated September 21, 1999, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.
The Committee approved the use of Council General funds by Council Members Chavez and Diaz to attend the League of California Cities 1999 Annual Conference in San José, CA, October 1999.
(8) Request to use Council General funds to attend the 1999 National League of Cities Congress of Cities & Exposition in Los Angeles, CA, December 1-4, 1999. Attachments: (1) Memorandum from Council Member Diaz, dated September 17, 1999, submitting authorization to travel within California to attend the 1999 Congress of Cities & Exposition. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated September 21, 1999, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.
The Committee approved the use of Council General funds by Council Member Diaz to attend the 1999 National League of Cities Congress of Cities & Exposition in Los Angeles, CA, December 1-4, 1999.
(9) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(10) Oral communications
None Presented.
(11) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diquisto and unanimously carried, the Rules Committee Report and actions of September 29, 1999 were accepted. Vote 10-0-1-0. Absent: Woody.
7b Report
of the Rules Committee - Meeting of October 6, 1999
Documents Filed: Rules Committee Report of October 6, 1999.
(1) Review October 19, 1999 Draft Agenda
The Committee approved the October 19, 1999 City Council Agenda with one deferral and three additions.
(2) Add New Items to October 12, 1999 Amended Agenda
This item was dropped. The meeting was cancelled.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated September 30, 1999, listing the items transmitted to the Administration for the period September 15-28, 1999.
The Committee noted and filed the Public Record for the period September 15-28, 1999.
(5) Request to use Council General funds to attend League of California Cities 1999 Annual Conference in San José, CA, October 10-12, 1999. Attachments: (1) Memorandum from Council Member Matthews, dated September 29, 1999, submitting authorization for use of Council General Funds to attend the League of California Cities Annual Conference. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated September 29, 1999, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.
The Committee approved the use of Council General travel funds by Council Member Matthews to attend the League of California Cities 1999 Annual Conference in San José, CA, October 10-12, 1999.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee.
(a) Request to create a taxicab commission. Attachment: Memorandum from Council Members Powers and Chavez, dated September 29, 1999, recommending the Administration be directed to review and develop recommendations regarding the formation of a Taxicab Commission (within 90 days) as a means for interested stakeholders to address taxicab rate settings, guidelines, and other taxicab regulatory issues, and to report back to Rules Committee on October 20, 1999 with a timeline and steps for implementation.
Committee Chair Fiscalini stated this item had been dropped.
(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 Diquisto and unanimously carried, the Rules Committee Report and actions of October 6, 1999 were accepted. Vote 10-0-1-0. Absent: Woody.
7d Report
of the Economic and Community Development Committee – October 4, 1999
Documents Filed: Economic and Community Development Committee Report of October 4, 1999.
(1) Presentation by the Santa Clara County Housing Authority regarding the Federal Section 8 Voucher Program. Attachment: Memorandum from Deputy City Manager, Lynn Macy, dated September 28, 1999, responding to the request for a status on the Housing Section 8 Certificate and Voucher Programs.
The Committee accepted the report on Housing Section 8 Voucher Program.
(2) First Source Hiring Program Report. Attachment: Memorandum from Redevelopment Agency Interim Executive Director, Richard Rios, dated October 4, 1999, reporting on the progress and future direction of the First Source Employment Program.
The Committee noted and filed the report.
(3) Oral petitions
The Committee accepted Staff recommendation to move some of the November 1999 Agenda items of the Economic and Community Development Workplan to meetings in January 2000, and to move all Housing issues to the January 2000 calendar.
(4) Adjournment
The meeting was adjourned at 2:30 p.m.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, the Economic and Community Development Committee Report and actions of October 4, 1999 were accepted. Vote 10-0-1-0. Absent: Woody.
LAND USE AND DEVELOPMENT
8a Adoption
of a resolution approving a development waiver to allow for a greater maximum
floor area, number of stories, and height to accommodate an 18-story
(approximately 285 feet high), 400,000 square foot office building with a 1,074
space parking garage on a 1.26 acre site in a C-3 Zoning District. (Sobrato
Development Companies) (Redevelopment Agency)
(Rules
Committee referral 10/13/99)
Documents Filed: None.
Discussion/Action: This item was deferred to November 9, 1999.
Council Member Diquisto left the meeting at 2:30 p.m.
GENERAL GOVERNMENT
9a (1) Acceptance of the 1998-99 City Manager’s
Annual Report of the Finances and Administrative Activities of the City of San
José pursuant to City Charter Section 701(f).
(2) Approval of the recommended expenditure
of excess Ending Fund Balance in the General Fund in the amount of $19,000,000,
the reallocation of the $4,000,000 Neighborhood Improvements Reserve, and the
budgeting of additional funding of $4,900,000 made available from the State.
(3) Adoption of appropriation ordinance and
funding sources resolution amendments in various funds to implement the
approved expenditures and to provide for appropriate budgetary clean up
actions.
(City
Manager’s Office)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated October 14, 1999, recommending Council approve the Administration’s recommendation with additional directions to (a) refer the $2 million identified for the Central Service Year to the Mid-Year Budget process; and (b) direct the Council to provide input to the Mayor’s Budget Office by January 1, 2000 on any one-time expenditures that could be funded at midyear which are urgent and cannot wait for the normal budget process. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated October 8, 1999, recommending Council approve said appropriation ordinance and funding sources resolution amendments in various funds as detailed. (3) Hard copies of the Annual Report presentation made by the Office of the City Manager on the 1998-99 General Fund Performance.
Discussion/Action: Using overhead transparencies of the Report, Budget Director, Larry D. Lisenbee, presented a comprehensive overview of the City Manager’s Annual Report, detailing the transactions that implement the Annual Report recommendations and necessitate amendments to the City’s 1999-2000 Appropriation Ordinance and Funding Sources Resolution. Noting the positive outlook for the City’s financial well being, he stated the General Fund revenues increased 3.5% over 1997-98 to $545 million, and the uses of funds increased 9.6% over 1997-98 to $556.1 million. He identified the fund balance components and elaborated on the results of operations in the General Fund, construction tax revenues, construction and conveyance tax revenues, and identified the sources and proposed uses for the available General Fund funding that are recommended in the Annual Report document. Referencing the guidelines used to formulate the recommendations, he stated the City must (1) avoid creating ongoing obligations beyond the level that could be funded permanently; (2) allocate funding first to close gaps in existing programs or to fund future unavoidable expenses; and (c) for additional one-time funds, must give priority consideration to City neighborhood infrastructure needs. He described the proposed uses of the available funding provided in Rebudgets, Gainsharing, Establishment of an Infrastructure Reserve, the category of Required Budget Adjustments, and another category of proposals providing funding for Technical Adjustments. He stated the category of Other Recommended Initiatives provides funding for large projects that currently have funding gaps and for an expansion of an existing high-priority school safety program. He stated the Administration has recommended allocating the Neighborhood Reserve to complete funding for one current high priority program and to provide augmentations to two other infrastructure improvement programs; the largest portion of the Reserve is proposed to be allocated to fully fund the 1999-2000 Sidewalk Repair Program. In addition to the Measure J requirements, he stated the Administration is recommending approval of the expenditure of excess Ending Fund Balance in the General Fund, the reallocation of certain reserves, and the budgeting of additional funding made available from the State – the result of a State Budget signed into law by the Governor. Council Member Matthews referenced the category of Community Based Organizations and whether the scope of services has been identified and a Council policy developed for implementation after the two-year transition period. She asked that Staff schedule a full discussion of the CBOs at a future meeting of the Economic and Community Development Committee. Council Member Dando stated the $6.5 million funds a portion of the City’s share of the costs to build the public-sector animal shelter and is not an accurate level of funding to meet the State mandate. She queried Staff on the full cost implications and the arrangements with other cities in Santa Clara County, and when Council should expect a status report. Deputy City Manager Kay Winer stated the Administration has been working with the eight cities in Santa Clara County to structure a joint powers authority that would produce the details of the shared financing, the timetable, and the operational model for the shelter. Referencing a recent study of the initiative, she stated the Humane Society no longer provides shelter services, field or code enforcement services; and because of the inevitability of the shelter, the working committee has recently started the site-identification process, including identification of land costs, ongoing operational costs, facility furnishings, fixtures and equipment, and the selection of an architect - all of which will be included in a definitive report to Council in November 1999. Referencing the 1998-99 ending fund balance and the recommendations related to rebudgets, technical adjustments and allocation of additional funding for capital projects, Mayor Gonzales stated the Administration’s recommendations follow prior Council direction or make necessary adjustments due to external mandates or existing contractual agreements; however, the Central Service Yard proposed expenditure should be referred to the Mid-Year Budget Process when Council can evaluate the expenditure against other community needs. He stated Council created the Neighborhood Improvement Fund in June 1999, and approved the Mayor’s Budget Message, which included direction that retained $4 million of one-time revenues unallocated and placed in a neighborhood improvement fund. He stated the Administration reported to Council in September 1999 with a recommendation to allocate these funds to neighborhood infrastructure needs such as streetlights, maintenance, transportation improvements, public facilities, and any other deferred funding priorities in the City’s neighborhoods. With today’s actions, he stated the Council approves extra funds to advance the efforts toward improving the quality of San José neighborhoods. He stated the allocations will result in more sidewalk repairs, installation of streetlights throughout the City where needs are currently identified, thereby eliminating a three-year backlog. He recommended the approval of the Administration’s recommendation with direction to refer the $2 million identified for the Central Service Yard to the mid-year budget process, and that Council Members provide input to the Mayor’s Budget Office by January 1, 2000 on any one-time expenditures that could be funded at mid-year which are urgent and cannot wait for the normal budget process. Council directed the Administration to work with the Redevelopment Agency on neighborhood investment issues relating to the Allocation of the Neighborhood Reserve; to add to the list of trees identified in the Tree Care Program other species of trees and to develop care programs specifically designed for those trees; and to develop a reporting process for submission of the City Manager’s Annual Report prior to forwarding it to the full Council for consideration. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the City Manager’s Annual Report was accepted; the expenditure of excess ending fund balance in the General Fund, the reallocation of Neighborhood Improvements Reserve, and the budgeting of additional funding made available from the State were approved; Ordinance No. 25970, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in Various Funds to Implement Approved Expenditures Related to the 1998-99 City Manager’s Annual Report Providing For Appropriate Budgetary Clean-Up Actions; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69164, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the Various Funds”, were adopted. Vote: 9-0-2-0. Absent: Diquisto, Woody.
9b Approval
of a special park use policy to allow each Council office to have one (1) free
use annually of a neighborhood or Regional Park for the purposes of a community
event sponsored and produced by the Council office.
(Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated October 6, 1999, recommending Council approve said policy.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the special park use policy was approved. Vote 10-0-1-0. Absent: Woody.
9c (1) Approval of the amendments to the
Airline Operating and Lease Agreements with America West, American Airlines,
Delta, Mexicana, Northwest, Southwest Airlines, TWA, and United Airlines to
provide for the issuance of subordinated debt in conjunction with the
Commercial Paper Program; and in the amendments with American, Delta, TWA, and
United, to include specified Phase I improvements at the Airport as eligible
for debt financing.
(2) Adoption of resolutions approving the
implementation of a commercial paper program for the San José International
Airport including:
(a) Approving
the form of the Issuing and Paying Agent Agreement between the City and U.S.
Bank Trust National Association, and authorizing the Director of Finance to
execute and deliver the agreement in substantially the form presented to the
City Council.
(b) Approving the form of the Letter of
Credit and Reimbursement Agreement between the City and Morgan Guaranty Trust
Company of New York, and authorize the Director of Finance to execute and
deliver the agreement in an amount not to exceed $100 million, in substantially
the form presented to the City Council.
(c) Approving
the form of the Dealer Agreement between the City and Morgan Stanley & Co.,
Incorporated, and authorizing the Director of Finance to execute and deliver
the agreement in substantially the form presented to the City Council.
(d) Authorizing
the City Manager to negotiate and execute an amendment to the agreement between
the City and Fullerton & Friar, Inc., extending the term to June 30, 2000,
and increasing the compensation by $25,000, to a total of $80,000.
(e) Authorizing
the City Attorney to negotiate and execute an agreement between the City and
Orrick, Herrington & Sutcliffe for bond counsel services in an amount not
to exceed $80,000.
(f) Authorizing
the City Attorney to negotiate and execute an agreement between the City and
Kutak Rock for disclosure services in an amount not to exceed $52,000.
(Finance)
Documents Filed: None.
Discussion/Action: William J. Garbett spoke against the proposed action. Given Council concerns requiring Staff responses and clarification of the transaction debt size compared to that of 1997, the project management program and the construction time schedule for Runways 30L, 30R, and the consolidated rental car facility, and the absence of a report and recommendation from the Finance and Technology Committee, Council noted the urgency of the actions required and directed that this item be scheduled on the October 26, 1999 Finance and Technology Committee Agenda, with a report to Council on November 2, 1999. By unanimous consent, this item was deferred to November 2, 1999. Vote: 9-0-2-0. Absent: Diquisto, Woody.
9d Adoption
of a resolution making a finding that the use of 20% Housing Funds for the
transfer of administration of the City’s Las Plumas Warehouse site, located at
the southeast corner of Las Plumas Avenue and Nipper Avenue, to the Department
of Housing is a benefit to the City’s Redevelopment Project Areas. (Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated October 6, 1999, recommending Council make findings to complete said transfer.
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. 69166, entitled: “A Resolution of the Council of the City of San José Finding That the Use of 20% Housing Funds for the Las Plumas Housing Project is a Benefit to the Redevelopment Project Areas in San José”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, Woody.
9e Adoption of a resolution opposing the siting of a
new high school for the Morgan Hill Unified School District in the City of San
Jose’s Coyote Greenbelt. (Planning, Building and Code Enforcement)
(Rules
Committee referral 10/13/99)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated October 18, 1999, recommending Council approve Staff recommendations (a) opposing the construction of buildings within Greenbelt and the extension of urban services to any project within the Greenbelt by either San José or Morgan Hill, and (b) directing Staff to work with the Morgan Hill Unified School District to identify the best site for a high school outside of the Greenbelt. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 15, 1999, recommending Council adopt said resolution. (3) Correspondence from the Greenbelt Alliance, the Committee for Green Foothills, and the Loma Prieta Chapter of Sierra Club, urging Council to deny the request for development in the South Coyote Greenbelt area; and from an eighth grade student at Martin Murphy Middle School in San José, urging Council to allow construction of the high school project.
Discussion/Action: Director of Planning, Building and Code Enforcement, James R. Derryberry, presented background information on the proposal by the Morgan Hill Unified School District to build a 55-acre high school and campus on the Sobrato Site located within the City limits of San José, outside of the City’s Urban Service Boundary, and inside San José’s Coyote Greenbelt area. He pointed out the inconsistency of the proposal with the San José 2020 General Plan, identified other urban service and environmental issues of concern, and stated the 124-acre site is not the only option being considered by MHUSD. He recommended Council adopt the resolution opposing the construction of the new high school and advising the City of Morgan Hill and the Morgan Hill Unified School District of the City’s strong opposition to the proposal, and retain the City’s current Coyote Greenbelt and Urban Service Boundary areas. The following individuals spoke against the Staff recommendation opposing the development: Larry Carr, President, Board of Education, Morgan Hill Unified School District; John Kennett, Board Trustee, Morgan Hill Unified School District; Carolyn McKennan, Superintendent, Morgan Hill Unified School District; Dennis Kennedy, Mayor Morgan Hill; and Rise Witt. The following individuals spoke in support of the City’s opposition to the proposed development within the Greenbelt: Craig K. Breon, Santa Clara Valley Audubon Society; Kaitilin Gaffney, Greenbelt Alliance; Deborah Ruddock, Chapter Director, Sierra Club. Joined by the Members of the San José City Council, Mayor Gonzales concurred with the Staff recommendations opposing the construction of buildings within the Greenbelt, opposing the extension of urban services to any project within the Greenbelt by either San José or Morgan Hill, and recommending that City Staff work with the Morgan Hill Unified School District to identify the best site for a high school outside of the Greenbelt. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, Resolution No. 69167, entitled: “A Resolution of the Council of the City of San José Opposing the Siting of a New High School for the Morgan Hill Unified School District in the City of San José’s Greenbelt”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, Woody.
9f Adoption of appropriation ordinance
amendments in the amount of $25,000 in the General Fund to hire an executive
recruitment firm to conduct the search for a new City Attorney. (Mayor)
(Rules
Committee referral 10/13/99)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated October 18, 1999, recommending Council approve said appropriation to fund the recruitment of a City Attorney. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated October 18, 1999, recommending Council approve said appropriation ordinance amendment in the General Fund.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Ordinance No. 25971, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 Which Appropriates Moneys in the General Fund in the Amount of $25,000 for Expenses Associated With the Recruitment of a New City Attorney, and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, Woody.
FISCAL
AFFAIRS
10a Adoption
of a resolution amending the Annual Fee Resolution No. 68950 to set a fee for
the issuance of temporary certificates of occupancy.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated September 30, 1999, recommending Council adopt said resolution.
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. 69168, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68950 to Set a Fee for the Issuance of a Temporary Certificate of Occupancy”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, Woody.
Robert F. Williams spoke to Council regarding the Calpine application and a path of possible political compromise.
Following Oral Communications, Council recessed at 4:00 p.m. and reconvened at 7:00 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Gonzales
Absent: Council Members: Matthews, Woody (both excused)
City Clerk, Patricia L. O’Hearn read the request for continuance of application. Upon motion by Council Member Powers, seconded by Council Member Chavez and unanimously carried, the below noted continuance was granted. Vote: 9-0-2-0. Absent: Matthews, Woody.
15c PUBLIC
HEARING ON CONVENTIONAL 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
(Continued
from 9/7/99 – Item 15i and 9/21/99 – Item 15b)
Documents Filed: None.
Discussion/Action: This item was continued to November 16, 1999.
PUBLIC HEARINGS
15a PUBLIC
HEARING and approval of an ordinance amending Chapter 20.08 of Title 20 of the
San José Municipal Code related to off-street parking and amending Section
20.12.150 “to establish a minimum driveway length of twenty-three (23) feet for
all lots with a one-family dwelling use”. Director of Planning, Building, and
Code Enforcement recommends approval. Planning Commission recommends approval
(6-0-0). (Planning, Building and Code Enforcement),
Documents Filed: (1) Memorandum from the Planning Commission, dated October 14, 1999, recommending Council adopt the proposed ordinance to establish a minimum driveway length for all lots with a one-family dwelling use. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 6, 1999, transmitting to Council an early staff report recommending approval of said change. (3) Notice of Public Hearing on the ordinance to amend the City’s Zoning Code establishing minimum driveway lengths, dated September 14, 1999, and Proof of Publication executed on October 1, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing related to off-street parking provisions for single-family dwellings. William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25972, entitled: “An Ordinance of the City of San José Amending Section 20.12.150 of Chapter 20.12 of Title 20 of the San José Municipal Code to Specify the Minimum Driveway Length for Single Family Homes”, was passed for publication. Vote: 9-0-2-0. Absent: Matthews, Woody.
15b PUBLIC
HEARING and approval of an ordinance amending Chapter 20.12 of Title 20 of the
San José Municipal Code related to Home Occupations and amending Section
20.08.1230 by adding “Any Off-Sale of Alcoholic Beverages as a prohibited use”.
Director of Planning, Building, and Code Enforcement recommends approval.
Planning Commission recommends approval (6-0-0).
(Planning, Building and Code Enforcement)
Documents Filed: (1) Memorandum from the Planning Commission, dated October 14, 1999, recommending Council adopt the proposed ordinance to prohibit the off-sale of alcoholic beverages as a home occupation. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 6, 1999, transmitting to Council the staff report on the Planning Commission recommendation to amend the Zoning Code regarding the off-sale of alcoholic beverages. (3) Notice of Public Hearing on the ordinance to amend the City’s Zoning Code regarding off-sale of alcoholic beverages as a prohibited use as a home occupation, dated September 14, 1999, and Proof of Publication executed on October 1, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing to consider an amendment related to home occupations and prohibited uses. William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25973, entitled: “An Ordinance of the City of San José Amending Section 20.08.1230 of Chapter 20.08 of Title 20 of the San José Municipal Code to Prohibit Off-Sale of Alcohol as a Home Occupation”, was passed for publication. Vote: 9-0-2-0. Absent: Matthews, Woody.
15d 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 commercial uses 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
(Continued
from 9/7/99 – Item 15j et al., and 10/5/99 – Item 15e)
Documents
Filed: (1) Department of Planning, Building and
Code Enforcement Staff Report on Project File Number C99-06-047, dated, August
11, 1999 recommending approval of the proposed conforming rezoning. (2) Public
Hearing Renotice to consider a change in Zoning for C99-06-047, dated August
11, 1999, and Proof of Publication executed on August 27, 1999 and submitted by
the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed and Ordinance No. 25974, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the East Side of South First Street 110 Feet Northerly of Goodyear Street (1037 South First Street)”, was passed for publication. Vote: 9-0-2-0. Absent: Matthews, Woody.
15e PUBLIC
HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south
side of Fleming Avenue opposite Mahoney Avenue, from County to A(PD) Planned
Development Zoning District, to allow the construction of six single-family
detached residences on 2.94 gross acres (Pat Braunagel, Owner; Santa Clara
Development Company, Developer). CEQA: Negative Declaration. Director of
Planning, Building, and Code Enforcement recommends approval. Planning
Commission recommends approval (6-0-0).
PDC
99-06-048 – District 5
Documents Filed: (1) Memorandum from the Planning Commission, dated September 30, 1999, recommending Council adopt an ordinance approving the subject rezoning.
(2) Public Hearing Notice to consider a change in Zoning for PDC 99-06-048 dated September 2, 1999, and Proof of Publication executed on September 10, 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 Dando and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 25975, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the East Side of Fleming Avenue Opposite Mahoney Avenue”, was passed for publication. Vote: 9-0-2-0. Absent: Matthews, Woody.
15f PUBLIC HEARING ON CONFORMING REZONING of
the property located at the southeast side of Saratoga Avenue between Atherton
Avenue and Los Felice Drive, from R-1:B-1 Residence Zoning District to C
Commercial Zoning District, to allow office uses on 0.23 gross acres (S.
Stephen Nakashima, Owner/Developer). CEQA: Exempt. Director of Planning,
Building, and Code Enforcement recommends approval. No Planning Commission
action required.
C
99-08-070 - District 1
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C99-08-070, dated September 30, 1999, recommending ap