MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY
NOVEMBER 2, 1999
The Council of the City of San Jose convened in regular session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to a Closed Session at 9:35 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 cases of Preservation Action Council of San José v. City of San José, et al.; and People of the State of California v. Kinoshita.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:55 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Twelve of the 45 members of the Castillero Middle School Choir, The Silvertones, under the direction of Vocal Director Jane Earle, performed the “Steppin’ Out” medley which will be performed in its entirety at the Center for Performing Arts on November 17, 1999. (District 10)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Swearing
in of Youth Commissioners for Council Districts 2, 4, 6, 8, and 10. (Mayor)
Documents Filed: None.
Discussion/Action: This item was deferred to the evening session of November 16, 1999.
5b Presentation
of a commendation to local students serving the San José community, the
National Basketball Association Team-Up Program, Our City Forest, and the
Volunteer Exchange of Santa Clara County for planting shrubs and 25 trees at
James Lick High School. (Diaz)
(Rules
Committee referral 10/27/99)
Documents Filed: None.
Discussion/Action: This item was deferred to the evening session of November 16, 1999.
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 11-0-0-0.
Minutes for Approval
6a(1) Regular
Meeting of September 14, 1999
Documents Filed: Minutes of the regular meeting of September 14, 1999.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
Ordinances for Final Adoption
6b(1) ORD.
NO. 25972 – Amends 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.
Documents Filed: Proof of publication of the title of Ordinance No. 25972 executed on October 26, 1999, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25972 was adopted. Vote: 11-0-0-0.
6b(2) ORD.
NO. 25973 – Amends 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.
Documents Filed: Proof of publication of the title of Ordinance No. 25973 executed on October 26, 1999, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25973 was adopted. Vote: 11-0-0-0.
6b(3) ORD.
NO. 25974 – Rezones certain real property situated at the east side of
South First Street, 110 feet northerly of Goodyear Street (1037 South First
Street). C 99-06-047
Documents Filed: Proof of publication of the title of Ordinance No. 25974 executed on October 26, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25974 was adopted. Vote: 11-0-0-0.
6b(4) ORD.
NO. 25975 – Rezones certain real property situated at the east side of
Fleming Avenue opposite Mahoney Avenue.
PDC 99-06-048
Documents Filed: Proof of publication of the title of Ordinance No. 25975 executed on October 26, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25975 was adopted. Vote: 11-0-0-0.
6b(5) ORD.
NO. 25976 – Rezones certain real property situated on the southeast side of
Saratoga Avenue between Atherton Avenue and Los Felice Drive. C 99-08-070
Documents Filed: Proof of publication of the title of Ordinance No. 25976 executed on October 26, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25976 was adopted. Vote: 11-0-0-0.
Public Hearings Set by Council
6c(1) Adoption
of a resolution initiating proceedings and setting November 16, 1999 at 1:30
p.m. as the date for Council consideration of the reorganization of
territory designated as McKee No. 118, which involves the annexation to the
City of San José of 7.6 acres of land, located on the east side of Capitol
Avenue, between Gay and Riverrun Avenues, and the detachment of the same from
the Central Fire Protection District and the County Services Area No. 1
(Library Services). CEQA: ND. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 14, 1999, recommending Council schedule on the Consent Calendar of the November 2, 1999 City Council Agenda the adoption of said resolution.
Discussion/Action: Resolution No. 69178, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as McKee No. 118 and Described Herein, and Setting the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 11-0-0-0.
Plans and Specifications
6d(1) TRACT
NO. 9186 – East side of San Felipe Road, 1,500 feet south of the Villages
Parkway – Braddock and Logan Group, II, LP, A California Limited Partnership
(Developer) – 9 single family detached units.
Adoption of resolutions approving the plans, final map, contract and
water main extension agreement, and approving a Parkland Agreement for Tract
No. 9186. CEQA: ND. District 8. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 19, 1999, recommending Council adopt said resolutions for Tract No. 9186.
Discussion/Action: Resolution No. 69179, 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. 9186”; Resolution No. 69180, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9186”, Resolution No. 69181, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9186”; and Resolution No. 69182, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract No. 9186”, were adopted. Vote: 11-0-0-0.
6d(2) TRACT
NO. 9199 - Northeast corner of North First Street and Grand Boulevard –
LBL-Duc Alviso, LLC, a Delaware Limited Liability Corporation (Developer) – 34
single family detached units. Adoption of resolutions approving the plans,
final map, contract, and water main extension agreement, and approving a
Parkland Agreement for Tract No. 9199. CEQA: Negative Declaration. District 4.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 26, 1999, recommending Council adopt said resolutions for Tract No. 9199.
Discussion/Action: Resolution No. 69183, 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. 9199”; Resolution No. 69184, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9199”, Resolution No. 69185, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9199”; and Resolution No. 69186, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract No. 9199”, were adopted. Vote: 11-0-0-0.
Contracts/Agreements
6e(1) 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)
[Deferred
from 10/19/99 – Item 6e(8)]
Documents Filed: None.
Discussion/Action: This item was deferred to November 9, 1999.
6e(2) Approval
of amendments to the employment agreements with Council Assistants Brian
Bennert and John Salois. (Diquisto)
Documents Filed: None.
Discussion/Action: The amendments to the employment agreements with Council Assistants Brian Bennert and John Salois were approved and execution of the amendments 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 #14, 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 October 14, 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. 14 for FY 1999-2000 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0
6e(4) Approval
to reject all bids and to re-solicit bids for one (1) skid mounted generator
for emergency power for the Central Service Yard. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated October 14, 1999, recommending Council approve Staff recommendation to reject all bids and resolicit same.
Discussion/Action: The recommendation to reject all bids was approved and authorization to resolicit bids for the power generator was granted. Vote: 11-0-0-0.
6e(5) Adoption
of a resolution authorizing the City Manager to execute a first amendment to
the grant agreement with the State Water Resources Control Board extending the
term by eight (8) months, from December 31, 1999 to August 31, 2000.
(Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 14, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69187, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Grant Agreement With State Water Resources Control Board for a Riparian Habitat Pilot Project to Extend the Term of the Agreement to August 31, 2000”, was adopted. Vote: 11-0-0-0.
6e(6) Adoption
of resolutions:
(a) (1) Approving a grant from the Housing and
Homeless Fund in an amount not to exceed $195,020 to the Emergency Housing
Consortium for the purpose of assisting in the cost of providing services to
the homeless at the Reception Center for FY 1999-2000.
(2) Authorizing the Director of Housing to
execute a grant agreement with the Emergency Housing Consortium.
(b) (1) Approving a grant from the Housing and
Homeless Fund in an amount not to exceed $73,000 to the Bill Wilson Center for
the purpose of providing funding to maintain two (2) shelter beds for FY
1999-2000.
(2) Authorizing
the Director of Housing to execute a grant agreement with Bill Wilson Center.
(c) (1) Approving a grant from the Housing and
Homeless Fund in the amount not to exceed $100,939 to the Salvation Army for
the purpose of providing funding to help with needed repairs and improvements
to the Hospitality House men’s shelter for FY 1999-2000.
(2) Authorizing
the Director of Housing to execute a grant agreement with the Salvation Army.
(Housing)
Documents Filed: Memoranda from Director of Housing, Alex Sanchez, each dated October 14, 1999, recommending Council adopt said resolutions approving said grants to the Emergency Housing Consortium, the Bill Wilson Center, and the Salvation Army.
Discussion/Action: Resolution No. 69188, entitled: “A Resolution of the Council of the City of San José (I) Approving a Grant From the Housing and Homeless Fund in an Amount Not to Exceed $195,020.00 to the Emergency Housing Consortium to Assist in the Cost of Providing Services to the Homeless at the Reception Center Located at 2011 Little Orchard Street For FY 1999-2000; and (II) Authorizing the Director of Housing to Execute All Necessary Documents to Implement the Grant”; Resolution No. 69189, entitled: “A Resolution of the Council of the City of San José (I) Approving a Grant From the Housing and Homeless Fund in an Amount Not to Exceed $73,000.00 to the Bill Wilson Center to Maintain Two Shelter Beds For FY 1999-2000; and (II) Authorizing the Director of Housing to Execute All Necessary Documents to Implement the Grant”; and Resolution No. 69190, entitled: “A Resolution of the Council of the City of San José (I) Approving a Grant From the Housing and Homeless Fund in an Amount Not to Exceed $100,939.00 to the Salvation Army to Assist With Needed Repairs and Improvements to the Hospitality House Shelter for FY 1999-2000; and (II) Authorizing the Director of Housing to Execute All Necessary Documents to Implement the Grant were adopted. Vote: 11-0-0-0.
6e(7) Adoption of a resolution authorizing the
City Manager to negotiate and execute an amendment to the consultant agreement
with Denise Duffy & Associates, Inc. for the preparation of environmental
impact reporting services for the Tuers/Capitol Golf Course continuing the term
through December 30, 2000, and increasing the maximum compensation by $97,726,
for a total maximum compensation of $287,177.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 14, 1999, recommending Council approve an amendment to said consultant services agreement with Denise Duffy & Associates, Inc.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69191, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a First Amendment to the Agreement With Denise Duffy and Associates, Inc., for Preparation of An Environmental Impact Report for the proposed Tuers/Capital Golf Course, to Amend the Scope of Work, Increase the Compensation to an Amount Not to Exceed $287, 177, and to Continue the Term of the Agreement Through December 30, 2000”, was adopted. Vote: 11-0-0-0.
6e(8) Report on bids and award of contract for the City
Hall Third Floor Remodel to the low bidder, Eddie Torrez Construction in the
amount of $106,000, and approval of a contingency in the amount of $11,000.
(Public Works)
[Deferred
from 10/26/99 – Item 6e(11)]
Documents Filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 28, 1999, recommending Council accept the bid report, award said contract to the low bidder, Eddie Torrez Construction, and approve said contingency. (2) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 6, 1999, recommending Council accept the bid report and award said contract to the low bidder and approve said contingency.
Discussion/Action: The bid report was accepted and award of the contract to Eddie Torrez Construction, the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.
6e(9) Adoption
of a resolution authorizing the City Manager to negotiate and execute a second
amendment to the agreement with Integrated Information Systems, Inc. (IIS) to
provide programming and support services for the Department’s Code Enforcement
System and its Data Tracking System, increasing the amount of the contract by
$66,000, for a maximum amount not to exceed $260,400.
(Planning,
Building and Code Enforcement)
(Rules Committee referral 10/27/99)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 21, 1999, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69192, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Second Amendment to the Agreement With Integration Information Systems (IIS)”, was adopted. Vote: 11-0-0-0.
Routine Legislation
6f(1) Adoption
of appropriation ordinance and funding sources resolution amendments to various
Capital Funds. (City Manager’s Office)
[Deferred from 10/19/99 – Item 6f(1)]
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated
October 25, 1999, recommending Council adopt said appropriation ordinance and funding sources resolution amendments for various capital funds.
Discussion/Action: Ordinance No. 25979, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in Various Capital Funds to Implement Adjustments Resulting From Changes in Project Estimates, Schedules or Funding Sources and the Addition of New Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69193, 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 Various Capital Funds”, were adopted. Vote: 11-0-0-0.
6f(2) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund with a net impact to the fund in the amount of $198,750, and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated October 14, 1999, recommending Council approve said appropriation ordinance and funding sources resolution amendments in the City-side Redevelopment Fund.
Discussion/Action: Ordinance No. 25980, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $198,750 for City Services Related to the Phelan Avenue Sidewalk Improvement Project and the San José Symphony Hall Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69194, 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 Revenue in the Services for Redevelopment Capital Projects Fund”; and Resolution No. 69195, entitled: “A Resolution of the Council of the City of San José Making Certain Determinations Consistent With California Health and Safety Code Section 33445 With Regard to Funding by the Redevelopment Agency of the City of San José of Certain Fees or Costs Incurred by the City of San José in Fiscal Year 1999-2000 in Connection With Certain Public Improvements”, were adopted. Vote: 11-0-0-0.
6f(3) Adoption
of a resolution:
(a) Acceptance of the Hazardous Vegetation
Commencement Report for the year 2000 compiled by the Office of the Santa Clara
County Fire Marshal.
(b) Declaring that those certain noxious or dangerous
seasonal and recurrent weeds, growing or likely to be growing, and refuse,
situated or likely to be situated, on those properties identified are a public
nuisance.
(c) Directing the Office of the Santa Clara
County Fire Marshal, pursuant to Chapter 9.12 of Title 9 of the San José
Municipal Code and the Weed Abatement Agreement between the City of San José
and the County of Santa Clara, to mail notices to property owners of affected
real properties of a public hearing on December 7, 1999 at 7:00 p.m.
before the City Council.
(Planning,
Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 14, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69196, entitled: “A Resolution of the Council of the City of San José Accepting and Confirming the Hazardous Vegetation Commencement Report for the Year 2000 Compiled by the Office of the Santa Clara County Fire Marshal, Declaring Certain Noxious or Dangerous Seasonal and Recurrent Weeds Are Growing or Are Likely to Grow Upon Certain Public and Private Properties or That Refuse Is Situated or Likely to be Situated Upon Certain Properties Within the City of San José Declaring Such Seasonal and/or Recurrent Weeds and Refuse a Public Nuisance; Directing That Notice of This Resolution and a Public Hearing on the Report on December 7, 1999 at 7:00 p.m. be Given Pursuant to Chapter 9.12 of the San José Municipal Code”, was adopted. Vote: 11-0-0-0.
6f(4) Adoption
of a resolution approving a Memorandum of Agreement with the Association of
Building, Mechanical and Electrical Inspectors (ABMEI).
(City Manager’s Office)
(Rules Committee referral 10/27/99)
Documents Filed: Memorandum from Acting Employee Relations Manager, Alex Gurza, dated October 29, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69197, entitled: “A Resolution of the Council of the City of San José (1) Approving the Memorandum of Agreement Between the City of San José and City of San José Association of Building, Mechanical and Electrical Inspectors; (2) Providing For the Payment of Salary and Benefits Pursuant to the Memorandum of Agreement; and (3) Providing That Any Conflict Between the Memorandum of Agreement and Salary Resolution Nos. 51870, 51871, and 51872, the Memorandum of Agreement Shall Prevail”, was adopted. Vote: 11-0-0-0.
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report
of the Rules Committee – October 20, 1999
Documents Filed: Rules Committee Report of October 20, 1999.
(1) Review November 2, 1999 Draft Agenda
The Committee approved the November 2, 1999 Council Agenda with one addition.
(2) Add New Items to October 26, 1999 Amended Agenda
The Committee recommended four additions to the October 26, 1999 City Council Agenda.
(3) Meeting Schedules. Attachment: Memorandum from Mayor Gonzales, dated October 20, 1999, requesting the recognition night, which is currently scheduled for October 26, 1999, be changed to December 7, 1999 at 5:30 p.m.
The Committee recommended approval to reschedule the Boards and Commissions Recognition Night from Tuesday, October 26, 1999 to Tuesday, December 7, 1999 at 5:30 p.m.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated October 14, 1999, listing the items filed for the Public Record for the period October 6-12, 1999.
The Committee noted and filed the Public Record for the period October 6-12, 1999.
(5) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(6) Oral communications
None Presented.
(7) Adjournment
The meeting was adjourned at 2:05 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 October 20, 1999 were accepted. Vote: 11-0-0-0.
7c Report
of the Finance and Technology Committee – October 27, 1999 (Partial)
Documents Filed: Finance and Technology Committee Report of October 27, 1999.
(8) Airport Commercial Paper Program. Attachment: Memorandum from Director of Finance, John V. Guthrie, October 19, 1999, transmitting a copy of the Staff report presented to Council on October 19, 1999, Item 9c.
The Committee recommended acceptance of the Staff report and approval of the Program.
Discussion/Action: See Item 9a(1)(b) for Council action taken.
7f Report
of Education, Neighborhoods, Youth, and Seniors Committee – October 18, 1999
Documents Filed: Education, Neighborhood, Youth and Seniors Committee Report of October 18, 1999.
(1) Report on Library Usage – FY 98/99. Attachment: Memorandum from City Librarian, Jane Light, dated October 6, 1999, recommending the acceptance of the Fiscal Year 1998-1999 Report on Library Usage.
The Committee recommended approval of the status report.
(2) Progress Report on the Joint Library Project. Attachment: Memorandum from City Librarian, Jane Light, dated October 6, 1999, providing a progress report on the City of San José/San José State University Joint Library Project.
The Committee recommended approval of the progress report with direction to Staff (a) to explore and report back to Committee at the November 15, 1999 meeting the exterior public art options, and (b) to include the Joint Library Naming as an item on the Committee Workplan.
(3) Update on Branch Facilities Master Plan. Attachment: Memorandum from City Librarian, Jane Light, dated October 6, 1999, providing a status report on possible expansion of the San José branch library system and recommended phasing for improvements, construction costs, alternatives for funding branch improvements, and operating and maintenance costs.
The Committee recommended approval of the update.
(4) Update on Exploration of Partnership to Improve Library Services in Alum Rock Area. Attachment: Memorandum from City Librarian, Jane Light, dated October 6, 1999, providing a status report on the exploration of a partnership between East Side Union High School District Board, the Santa Clara County Library Joint Powers Agency Board and the City of San José for the improvement of library services in the Alum Rock area.
The Committee noted and filed the report as information only.
(5) Community, Youth and Seniors Redeployment Assessment. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 6, 1999, recommending the acceptance of the current staffing allocation procedures and practices used for deploying and funding staff for center operations, and referring the Community, Youth and Senior Centers Redeployment Assessment to the San José Parks and Community Facilities and Program Strategic Planning process currently underway.
The Committee recommended approval of the redeployment assessment and recommendations.
(6) Oral petition
None Presented.
(7) Adjournment
The meeting was adjourned at 2:55 p.m.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Diaz and unanimously carried, the Education, Neighborhoods, Youth, and Seniors Committee Report and actions of October 18, 1999 were accepted.
Vote: 11-0-0-0.
GENERAL GOVERNMENT
9a (1) (a) 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.
(b) Adoption
of resolutions approving the implementation of a commercial paper program for
the San José International Airport including:
(1) 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.
(2) 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.
(3)
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.
(4) 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.
(5) 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.
(6) 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
and Technology Committee referral 10/27/99 – Item 7c(8)]
(2) Adoption
of a resolution authorizing the City Manager to negotiate and execute the
fourth amendment to the Agreement with PB Aviation, Inc. for the program management,
construction management and runway design for the Airport Master Plan, to
increase the compensation in the amount of $5,800,000 for a total agreement
amount of $10,500,000 and an agreement extension from February 1, 2000 to
February 1, 2001. (Public Works)
(Deferred from 10/26/99 – Item 9e)
Documents Filed: (1) Memorandum from Director of Finance John V. Guthrie, and Director of Aviation Ralph G. Tonseth, dated September 30, 1999, recommending Council approve the amendments to said lease agreements, and adopt said resolution implementing the commercial paper program. (2) Supplemental memorandum from Director of Finance John V. Guthrie, and Director of Aviation Ralph G. Tonseth, dated November 1, 1999, reporting the action taken by the Finance & Technology Committee at its October 27, 1999 meeting and recommending Council approve said action items. (3) Memorandum from Director of Public Works Ralph A. Qualls, Jr., and Director of Aviation Ralph G. Tonseth, dated October 14, 1999, recommending Council approve the fourth amendment to said agreement with PB Aviation, Inc.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Woody, seconded by Council Member Matthews and unanimously carried, the Finance and Technology Committee Report (Partial) and actions of October 27, 1999 on Item 7c(8) were accepted, the amendments to the Airline Operating and Lease Agreements with America West, American Airlines, Delta, Mexicana, Northwest, Southwest Airlines, TWA, and United Airlines, were approved; Resolution No. 69199, entitled: “Tenth Supplemental Resolution Amending Resolution No. 57794, as Amended”; Resolution No. 69200, entitled: “Resolution Authorizing Issuance of Not to Exceed $100,000,000 of City of San José, San José International Airport Subordinated Commercial Paper Notes in Several Series; Approving Form of Issuing and Paying Agent Agreement; Approving Form of Letter of Credit and Reimbursement Agreement; Approving Form of Commercial Paper Dealer Agreement; Authorizing City Manager to Enter Into Professional Services Contracts With Financial Advisor Bond Counsel and Disclosure Counsel; and Delegating to Director of Finance and Other Officers of the City Authorization to Establish Terms and Conditions for the Issuance and Payment of Said Notes, and to Execute Said Documents and to Take Other Necessary Actions and to Prepare, Execute and Deliver Other Necessary Documents in Connection Therewith”; and Resolution No. 69198, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Fourth Amendment to the Agreement With PB Aviation, Inc., for Program Management, Construction Management and Runway Design for the Airport Master Plan in an Additional Amount Not to Exceed $5,800,000 For a Total Amount Not to Exceed $10,500,000, and to Extend the Term Through February 1, 2001”, were adopted. Vote: 11-0-0-0.
9b Adoption
of a resolution:
(1) Increasing the fund reservation from
$2,368,000 to $8,797,612 for the development of an 83-unit housing project
affordable to very low-income seniors on a 1.59-acre site located on the
northwest corner of Capitol Expressway and Vista Park Drive.
(2) Approving business terms for a
construction loan of up to $6,429,612.
(3) Approving
business terms for a construction/permanent loan of up to $2,368,000.
(4) Authorizing the Director of Housing to negotiate and execute all necessary documents evidencing such loans on behalf of the City.
(Housing)
Documents Filed: None.
Discussion/Action: This item was dropped.
9d Acceptance
of the administrative report on the creation of a Department of Retirement
Services. (City Manager’s Office)
(Committee
of the Whole referral 10/26/99)
Documents Filed: (1) Memorandum from Assistant City Manager, Debra J. Figone, dated October 29, 1999, submitting the Administration’s final report and recommendations on the creation of a Department of Retirement Services. (2) Hard copies of the Administration’s presentation on the proposed Department of Retirement.
Discussion/Action: Assistant City Manager, Debra J. Figone introduced the final report, provided an overview of the goal and objective, compared the current structure with that of the proposed, and reviewed the recommendations from the Administration on the creation of a Department of Retirement Services; namely, to proceed with the one-department, two-division structure, with a shared administrative core. She stated the Administration recommends the following course of action: (1) Create a Department of Retirement Services based on the organizational structure of two divisions, under the supervision of a Department Director, supported by an administrative core. (2) Create a classification and position of Department Director so that the City Manager can appoint the incumbent Retirement Administrator in an acting capacity. (3) Develop a staffing augmentation plan for consideration during the 1999-2000 Mid-Year budget process. (4) Develop an employee development and management succession plan by March 2000. (5) Secure appropriate office space by March 2000. (6) Evaluate level of improved customer service satisfaction by January 2001. (7) Recommend appropriate action to be taken by the City Council as part of the 2001-2002 Proposed Operating Budget process based on departmental performance. She stated the proposal has been presented to the Retirement Boards and that comments were received by the Administration and are incorporated into the report as proposed. Relevant to the matter of reporting authority, as raised by the Retirement Boards, she stated the Administration continues to recommend that reporting authority be assigned to the City Manager, in accordance with City Charter provisions; and as such, no substantive changes have been made to the Report beyond the inclusion of the documentation related to public comment. Council Member Woody stated the current Retirement Administrator has been with the City for more than twenty-five years, and has provided exemplary performance in policy implementation, asset responsibility and investments; therefore, the effort associated with a nationwide search for an applicant to be appointed Director of the new department is time-consuming and is not cost-effective. She spoke in opposition to the intent that the incumbent Retirement Administrator be appointed to the Director position in acting capacity pending Council confirmation of a permanent Director, and recommended immediate implementation of the Administration’s proposal with the existing Administrator appointed Director with compensation commensurate with position responsibilities. Noting the City Attorney’s review and support of the Administration’s proposal, including reporting authority, she suggested that Council be provided a formal opinion; that the conflicts counsel for the Police and Fire Retirement Board provide to the City Attorney the basis for the opinion that the Director should report to the Boards, and within the 60-day timeframe that the City Attorney properly advise the Council on all issues. As a point of clarification, City Attorney Joan R. Gallo stated Council adoption of the ordinance today would create the position and establish the salary range appropriate for advancement. Upon motion by Council Member Woody, seconded by Council Member Powers and unanimously carried, the administrative report on the creation of a Department of Retirement Services, was accepted, and the following recommendations approved: (1) The City Attorney was directed to draft an ordinance establishing a Department of Retirement Services with two divisions. (2) Concurrent with the ordinance, the City Attorney was directed to draft a resolution to establish a new classification and unclassified position of Director of Retirement Services with a “C” salary range. (3) The Administration was directed to (a) work with the Boards to develop a plan to increase the level and type of staffing assigned to the Retirement function, (b) develop a management succession and employee development program by March 2000, and (c) identify and secure appropriate office space and equipment by March 2000 that meets the needs of the City, the Boards, and the Plans’ participants. (4) The City Attorney was directed to issue within 60 days a legal opinion on issues relating to the appointment of the Director of Retirement Department, as stipulated in the legal opinion provided by the Police and Fire Retirement Boards’ conflicts counsel. Vote: 11-0-0-0.
9e Report
on bids and award of contract for the Walnut Woods Area Site Improvements
Project to the lowest responsive bidder.
(Planning,
Building and Code Enforcement)
(Deferred
from 10/26/99 – Item 9e)
Documents Filed: None.
Discussion/Action: This item was deferred to November 9, 1999.
9f Report on bids and award of contract for the McLaughlin
Park Phase 2 re-bid to the low bidder, Boulder Rock Landscape
Construction, in the amount of $458,167, and a contingency in the amount of
$35,000.
CEQA: ND. (Public Works)
(Deferred
from 10/26/99 – Item 9g)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 14, 1999, recommending Council accept the bid report and award said contract to the low bidder, Boulder Rock Landscape Construction.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, the report on bids was accepted, the rebid to award the contract to the low bidder, Boulder Rock Landscape Construction, was granted and execution of the contract authorized. Vote: 11-0-0-0.
Council Member Diquisto left the meeting at 2:30 p.m.
FISCAL AFFAIRS
10a Adoption
of a resolution amending the Administrative Citation Schedule of Fines to amend
the fine amount for certain violations of the San José Municipal Code related
to solid waste storage and disposal, parking on unpaved surfaces, and placement
of signs on public and private property.
(Planning,
Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 14, 1999, recommending Council adopt said resolution.
Discussion/Action: Council Members Dando, Diaz and Woody opposed the reduction in the level of fines for illegally placed signs on public property, on properties not authorized by owner or person in control of property, and in residential districts or on residential uses, and suggested the use of increased code enforcement means to address code violations. Noting an increase in the number of unauthorized early placement of solid waste or solid waste containers, Vice Mayor Fiscalini recommended an increase in fines and code enforcement efforts to provide more responsive service. Noting the lack of Council consensus on the recommended changes to the Administrative Citation Schedule of Fines, Mayor Gonzales suggested Staff increase the fine from $25.00 to $75.00 for “Parking on Unpaved Surfaces”, and continue to use the current fee schedule and fine amounts for all other offenses. Upon motion by Council Member Diaz, seconded by Council Member Shirakawa, Jr., and unanimously carried, Resolution No. 69201, entitled: “A Resolution of the Council of the City of San José Setting Forth the Administrative Citation Schedule of Fines for Certain Violations of the San José Municipal code, Effective November 2, 1999”, was adopted, and Staff recommendation to amend Municipal Code Section 17.72.360 related to “Parking On Unpaved Surfaces”, to increase the fine from $25 to $75, was approved, with direction to Staff (1) to consider the use of a graduated fine system for continued violation of “Unauthorized Placement of Solid Waste”; (2) to continue using the Administrative Citation Schedule of Fines at the current level of assessment without any other changes, and (3) referred to the Administration for review and response the issue of increasing community education and awareness regarding the placement of signs on public and private properties.
Vote 10-0-1-0. Absent: Diquisto.
10b (1) (a) Approval
of the first amendments to the agreements for Tow Services between the City of
San José and the following tow companies:
(1) Matos
Auto Towing & Transport. (Zone One).
(2) City
Tow, Inc. (Zone Two).
(3) Century
Tow (Zone Three).
(4) Motor
Body Company, Inc. (Zone Four).
(5) Courtesy
Tow (Zone Five).
(6) Delta
Towing, Inc. (Zone Six).
(b) Incorporating
the City Auditor’s recommendations as identified in the Towing Service
Agreements Audit (98-03) into the first amendment to the agreement.
(c) Incorporating minor changes to the
boundaries between zones three and six and between zones four and six, to
provide that primary storage facilities are located in the towing contractor
zone.
(2) Adoption
of a resolution that revises the fee schedule for tow services agreements with
the following changes:
(a) Increase in the basic tow charge from
$85 to $90.
(b) Increase
in the rate charged for “special tows” from $180 per hour to: $200 per hour for
vehicles which are required to be recovered by Class “B”, medium duty tow
trucks; $200 per hour for all vehicles which weigh over six thousand (6000)
pounds empty; and $300 per hour for all vehicles in which weight or complex
recovery requires the use of a Class “C” or “D” three axle heavy duty tow
truck.
(3) Direction to staff to report to Council
the results of a consultant study’s recommendations by March 2000 regarding the
frequency of future rate increases, as well as other factors that may be
considered.
(Planning, Building and Code Enforcement)
Documents Filed: None.
Discussion/Action: This item was deferred to November 16, 1999.
9c Interview applicants for Planning Commission to fill one unexpired term ending June 30, 2002. (City Clerk)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated October 29, 1999, submitting the names of the applicants to be interviewed by the City Council for subsequent appointment to the Planning Commission.
Discussion/Action: The City Council interviewed Miriam Ayllon—District 4, Merle Jay James—District 1, Matt Kamkar—District 10, and Robert Levy—District 1; and on the first ballot appointed Robert Levy to fill the unexpired term on the Planning Commission.
PUBLIC HEARINGS
15a 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. Director of Planning, Building, and Code
Enforcement recommends approval. Planning Commission recommends approval
(6-0-0) with the addition of the following triggers to the staff proposal:
(1) All
second-story additions/additions
(2) Any
home that exceeds a .45 F.A.R.
(Planning, Building, and Code Enforcement)
(Continued from 6/15/99 – Item 15d et al., and 9/7/99 – Item 15b)
Documents Filed: None.
Discussion/Action: This item was continued to December 7, 1999.
15b PUBLIC
HEARING and approval of an ordinance amending Section 20.24.040 of Chapter 20.24
of Title 20 of the San José Municipal Code to reduce the allowable height to 2
stories and 30 feet and establishing a maximum floor area ratio in all R-1
Residence Zoning Districts. Director of
Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval
(5-1-0) with the following amendments to the staff:
(1) Establish a maximum floor area ratio
(F.A.R.) of .60,
(2) Add exceptions to the proposed height of
2 stories and 30 feet to allow 35 feet for (1) lots in floodplains, (2)
Victorian and other style homes with steep-pitched roofs, (3) houses on lots
10,000 square feet or greater, and (4) lots which increase the required setback
by 15 feet on all sides.
(3) Do
not include attached garage square footage in the calculation of F.A.R. if the
garage is setback 15 feet or more from the building face closest to the street.
(Planning, Building, and Code Enforcement)
Documents Filed: None.
Discussion/Action: This item was continued to December 7, 1999.
15c PUBLIC
HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east
side of Cypress Avenue, 40 feet northerly of Olsen Drive, from R-1:B-8
Residence Zoning District to A(PD) Planned Development Zoning District, to
allow one single-family detached and two single-family attached residential
units on 0.37 gross acre. (Daryoush
Marhamat, Owner/Developer)
(Continued
from 3/2/99 – Item 15d et al., and 10/5/99 – Item 15d)
PDC
98-09-069 - District 1
Documents Filed: None.
Discussion/Action: This item was continued to December 7, 1999.
15d PUBLIC
HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west
side of Gold Street, approximately 320 feet northerly of State Highway 237, from
A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning
District, to allow the addition of a hotel use to the approved research and
development and retail uses on approximately 20 gross acres. (Legacy Partners,
Owner/Developer) CEQA: Resolution No. 67684. Director of Planning, Building,
and Code Enforcement recommends approval. Planning Commission recommends
approval (6-0-0).
PDC
99-07-061 - District 4
Documents Filed: None.
Discussion/Action: This item was continued to November 9, 1999.
ADJOURNMENT
The Council of the City of San José adjourned at 3:40 p.m. in memory of Danny Jordan, son of San José Airport employees, Carolyn and Dan Jordan; and in memory of Sergeant Gordon Fujino, a 22 year veteran of the San José Police Department.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK