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 with respect to existing litigation pursuant to
Government Code Section 54956.9 Subsection (a) to consider the case of Zavala
v. City of San José, et al.; and (B) to confer with Legal Counsel regarding
anticipated litigation of two matters where there is significant exposure to
litigation pursuant to subsection (b) of Section 54956.9 of the Government
Code.
By unanimous consent, Council
reconvened from the Closed Session and recessed at 11:30 a.m. and reconvened at
1:35 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.
Simonds Elementary School Third Grade Choir, under the direction of Music Teacher Terry Bermudez, performed two selections from the full musical which is scheduled for Tuesday evening, November 23, 1999 at Simonds Elementary School. (District 10)
Mayor Gonzales led in the Pledge of
Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor
Fiscalini, seconded by Council Member Diaz and unanimously carried, the Orders of
the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5f Presentation of a proclamation declaring
November 14-20, 1999, as National Homeless Awareness Week. (City Manager's
Office)
(Orders of
the Day 4a)
Documents
Filed: None.
Discussion/Action:
Mayor Gonzales presented the proclamation to Barry Del Buono, Executive
Director of Emergency Housing Consortium, and encouraged residents of the City
of San José to be generous in their volunteer efforts and financial support of
programs seeking to end hunger and homelessness.
CONSENT CALENDAR
Upon
motion by Vice Mayor Fiscalini, seconded by Council Member Diaz 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 28, 1999
Documents
Filed: Minutes of the regular meeting of September
28, 1999.
Discussion/Action:
The Minutes were approved. Vote: 11-0-0-0.
Public Hearings Set by Council
6c(1) Adoption of a resolution initiating the
conforming rezoning of certain properties consisting of approximately 18.29
gross acres generally bounded by West Hedding Street, The Alameda, Vermont
Street, Elm Street, and the Union Pacific Railroad, from (1) M-1 Manufacturing
to A-Agriculture and (2) R-1 Residence and R-2 Residence to R-1 Residence and
C-Commercial and setting a public hearing on January 18, 2000 at 7:00 p.m.,
and referring the rezoning to the Planning Commission for its report and
recommendation.
(Planning, Building
and Code Enforcement)
CC
99-10-080
Documents
Filed: Memorandum from Director of Planning, Building
and Code Enforcement, James R. Derryberry, dated October 28, 1999, recommending
Council adopt said resolution.
Discussion/Action:
Resolution No. 69207, entitled: “Resolution of the Council of the City of San
José Initiating Proceedings On Its Own Motion to Rezone Certain Real Properties
Generally Bounded by West Hedding Street, The Alameda, Vermont Street, Elm
Street, and the Union Pacific Railroad From M-1 Manufacturing to A-Agriculture
and R-1 Residence, and R-2 Resident to R-1 Residence and C-Commercial Zoning
Districts”, was adopted. Vote: 11-0-0-0.
6c(2) Adoption
of a resolution of intention to vacate a portion of a Public Utility Easement
on former Eighth Street between Jackson and Taylor Streets and setting a public
hearing on December 7, 1999 at 7:00 p.m. CEQA: ND. (Public Works)
Documents
Filed: Memorandum from Director of Public Works,
Ralph A. Qualls, Jr., dated October 28, 1999, recommending Council adopt said
resolution.
Discussion/Action:
Resolution No. 69208, entitled: “Resolution of the Council of the City of San
José Approving a Certain Map Showing That Portion of a Public Service Easement
on North Eight Street Between East Taylor Street and East Jackson Street Which
the Council Proposes to Vacate; Directing the City Clerk to File the Map in the
Office of the City Clerk; Setting a Public Hearing Thereon; and Directing
Notice Thereof to be Posted”, was adopted. Vote: 11-0-0-0.
6c(3) Adoption
of a resolution of intention to conditionally vacate Dove Hill Road between
Colt Way and Deans Place Way, reserving a portion as a Public Service Easement
and setting a public hearing on December 7, 1999 at 7:00 p.m. CEQA: ND.
(Public Works)
Documents
Filed: Memorandum from Director of Public Works,
Ralph A. Qualls, Jr., dated October 28, 1999, recommending Council adopt said
resolution.
Discussion/Action:
Resolution No. 69209, entitled: “Resolution of the Council of the City of San
José Approving a Certain Map Showing That Portion of Dove Hill Road Which the
Council Proposes to Conditionally Vacate; Subject to the Reservation of a
Certain Public Service Easement; Directing the City Clerk to File the Map in
the Office of the City Clerk; Describing the Street to be Vacated and Public
Service Easement to be Reserved; Setting a Public Hearing; and Directing Notice
Thereof to be Posted”, was adopted. Vote: 11-0-0-0.
Plans and Specifications
6d(1) TRACT NO.
9206 – East side of north White Road, 360 feet south of McKee Road – I. One
Investments, Inc., a California Corporation (Developer) – 10 single family attached
residential units. Adoption of resolutions approving the plans, final map and
contract, and approval of a Parkland Agreement for Tract No. 9206. CEQA: ND.
District 5. (Public Works)
Documents
Filed: Memorandum from Director of Public Works,
Ralph A. Qualls, Jr., dated November 9, 1999, recommending Council adopt said
resolutions for Tract No. 9206.
Discussion/Action:
Resolution No. 69210, 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. 9206”; Resolution No. 69211, entitled: “A Resolution of the Council
of the City of San José Approving and Accepting Final Map of Tract No. 9206”;
and Resolution No. 69212, 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. 9206”, were adopted. Vote: 11-0-0-0.
6e(1) Approval of
award of open purchase orders for supplies, materials, equipment, and services
for FY 1999-2000 #16, 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 28, 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. 16 for FY 1999-2000 was approved and
execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(2) Adoption
of a resolution authorizing the City Manager to negotiate and execute a
consultant agreement with Continuing Development, Inc. to provide unlimited
child and elder adult care enhanced resource and referral services to City of
San José employees, for the period July 1, 1999 to June 30, 2000, in the amount
of $55,000. (Parks, Recreation and Neighborhood Services)
Documents
Filed: Memorandum from Director of Parks, Recreation
and Neighborhood Services, Mark Linder, dated October 28, 1999, recommending
Council adopt said resolution.
Discussion/Action:
Vice Mayor Fiscalini entered into the public record a disqualification from Council
discussion and voting on the item because of his position on the Board of
Directors of the Continuing Development, Inc. Resolution No. 69213, entitled:
“A Resolution of the Council of the City of San José Authorizing the City
Manager to Negotiate and Execute an Agreement With Continuing Development, Inc.
to Provide Unlimited Child and Elder Adult Care Enhanced Resource and Referral
Services to City of San José Employees in an Amount Not to Exceed $55,000 For
the Period July 1, 1999 to June 30, 2000”, was adopted. Vote 10-0-0-1.
Disqualified: Fiscalini.
6e(3) Adoption of a
resolution authorizing the City Manager to negotiate and execute an agreement
with the County of Santa Clara to provide a nutrition program for senior
citizens for the period July 1, 1999 to June 30, 2000, resulting in
reimbursement to the City of San José in the amount of $371,614.
(Parks, Recreation and Neighborhood
Services)
Documents
Filed: Memorandum from Director of Parks, Recreation
and Neighborhood Services, Mark Linder, dated
October 28, 1999, recommending Council adopt said resolution.
Discussion/Action:
Resolution No. 69214, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute An Agreement With
the County of Santa Clara for the Funding of the Senior Nutrition Program for
Fiscal Year 1999-2000”, was adopted. Vote: 11-0-0-0.
6e(4) Approval
of Contract Change Order No. 7 with J. W. Ebert Construction Corp. for the
Willow Glen Way Storm and Sanitary Sewer Replacement Project, in the amount of
$70,691.08, for a total contract amount of $1,343,122.61, and a time extension
of 34 working days, for a total of 149 working days. CEQA: Exempt. (Public
Works)
Documents
Filed: Memorandum from Director of Public Works, Ralph
A. Qualls, Jr., dated October 28, 1999, recommending Council approve said
contract change order with J.W. Ebert Construction Corp.
Discussion/Action:
Contract Change Order No. 7 with J. W. Ebert Construction Corp. was approved
and its execution authorized. Vote: 11-0-0-0.
6e(5) Approval
of the first amendment to the consultant agreement with APC International,
Inc., to increase compensation by $25,000, for a total agreement amount not to
exceed $60,000, for schedule monitoring and construction inspection services
for the South Bay Water Recycling Program (SBWRP) Infill Pipeline Project. (Public Works)
Documents
Filed: Memorandum from Director of Public Works,
Ralph A. Qualls, Jr., dated October 28, 1999, recommending Council approve the
first amendment to said consultant services agreement.
Discussion/Action:
William J. Garbett spoke against the proposed action. The first amendment to
the consultant agreement with APC International, Inc. was approved and
execution of the amendment authorized. Vote: 11-0-0-0.
Routine Legislation
6f(1) Adoption of a
resolution:
(a) Accepting
an irrevocable offer of dedication of parkland from Irvine Apartment
Communities for park purposes.
(b) Approving
a turnkey parkland agreement with Irvine Apartment Communi-ties for PD Permit
No’s. PD 99-05-025, PD 99-05-028, and PD 99-05-029.
CEQA:
Resolution No. 67894. (Parks,
Recreation and Neighborhood Services)
[Deferred
from 10/26/99 – Item 6f(2)]
Documents
Filed: Memorandum from Director of Parks, Recreation
and Neighborhood Services, Mark Linder, dated October 6, 1999, recommending
Council adopt said resolution.
Discussion/Action:
This item was dropped.
6f(2) Adoption of:
(a) Appropriation
ordinance and funding sources resolution amendments in the Services for
Redevelopment Capital Projects Fund to provide $120,000 for the Opera San José
at the Fox Theatre Project.
(b) 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
28, 1999, recommending Council approve said appropriation ordinance and funding
sources resolution amendments in the City-side Redevelopment Fund.
Discussion/Action:
Ordinance No. 25983, 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 $120,000 for the Opera San José at the
Fox Theatre Project; and Providing That This Ordinance Shall Become Effective
Immediately Upon Adoption”; Resolution No. 69215, “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 Services for Redevelopment Capital Projects Fund”; and Resolution No.
69216, 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 authorizing 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 28, 1999, stating that
in approving the reorganization proposal, the City Council is required to make
the following findings: [a] That the unincorporated territory is within the
City’s Urban Service Area as adopted by the Local Agency Formation Commission
(LAFCO); [b] That the County Surveyor has determined the boundaries of the
proposal to be definite and certain and in compliance with the LAFCO Road
Annexation Policies; [c] That the proposal does not split lines of assessment
or ownership; [d] That the proposal does not create islands or areas in which
it would be difficult to provide municipal services; [e] That the proposal is
consistent with the City’s adopted General Plan; [f] That the territory is
contiguous to existing City limits; and [g] That the City has complied with all
conditions imposed by LAFCO for inclusion of the territory in the City’s Urban
Service Area..
Discussion/Action:
Resolution No. 69217, entitled: “Resolution of the Council of the City of San
José Ordering the Reorganization of Certain Uninhabited Territory Designated as
McKee No. 118 Subject to Liability for General Indebtedness of the City”, was
adopted. Vote: 11-0-0-0.
6f(4) Acceptance of
the San José Arena Authority’s recommendation that one proposed “City Event”
date be approved for the 1999 Mayor’s Cup Basketball Games at San José Arena on
December 1, 1999, as provided in the San José Arena Management Agreement. (San
José Arena Authority)
Documents
Filed: Memorandum from San José Arena Authority
Executive Director, Chris Morrisey, dated October 28, 1999, recommending
Council approve the proposed “City Event” date as provided in the San José
Management Agreement.
Discussion/Action:
The recommendation was approved. Vote: 11-0-0-0.
6f(5) Adoption of a
resolution authorizing the City Manager to negotiate and execute grant
agreements for the Mentoring Program for the 1999-2000 Fiscal Year in an amount
not to exceed $175,000 and adoption of related appropriation ordinance
amendments in the General Fund. (City Manager’s Office/Parks, Recreation and
Neighborhood Services)
(Rules/Agency
Rules Committee referral 11/10/99)
Documents
Filed: Memorandum from Budget Director Larry D. Lisenbee,
and Director of Parks, Recreation and Neighborhood Services Mark Linder, dated
November 10, 1999, recommending Council adopt said resolution and appropriation
ordinance amendments in the General Fund.
Discussion/Action:
Resolution No. 69218, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute Grant Agreements for
the Mentoring Program in a Total Amount Not to Exceed $175,000”; and Ordinance
No. 25984, entitled: “An Ordinance of the City of San José Amending Ordinance
No. 25916 Which Appropriates Moneys in the General Fund to the Parks,
Recreation and Neighborhood Services Department in the Amount of $175,000, for
the Mentoring Program; and Providing That This Ordinance Shall Become Effective
Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.
Council Member Chavez
left Council Chambers during discussion of Item 7b.
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the
Rules Committee – Meeting of November 3, 1999
Documents
Filed: Rules Committee Report of November 3, 1999.
(1) Review
November 16, 1999 Draft Agenda
The
Committee approved the November 16, 1999 City Council Agenda with one addition.
(2) Add
New Items to November 9, 1999 Amended Agenda
The
Committee recommended four additions to the November 9, 1999 City Council
Agenda.
(3) Meeting Schedules. Attachment:
Memorandum from Interim Council Liaison, Deanna J. Santana, dated October 29,
1999, recommending approval of the proposed date for a Committee of the Whole
meeting on “Investing in Results”.
(a) Approve Committee of the Whole meetings
entitled “Investing in Results” on December 15 and December 16, 1999.
The
Committee recommended a Committee of the Whole meeting entitled “Investing in
Results” to be held Wednesday, December 15, 1999 and Thursday, December 16,
1999, from 8:00 a.m. to 12:00 noon on both dates.
(4) The Public Record. Attachment:
Memorandum from City Clerk, Patricia L. O’Hearn, dated October 28, 1999,
listing the items filed for the Public Record for the period October 20-26,
1999.
The
Committee noted and filed the Public Record for the period October 20-26, 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 2:25 p.m.
Discussion/Action: Upon motion
by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously
carried, the Rules Committee Report and actions of November 3, 1999 were
accepted. Vote 10-0-1-0. Absent: Chavez.
Council Member Chavez
returned to the meeting at 1:55 p.m.
7d Report of the
Economic and Community Development Committee – November 1, 1999
Documents
Filed: Economic and Community Development Committee
Report of the meeting on November 1, 1999.
(1) North Coyote Valley Status Update.
Attachment: Memorandum from Director of Planning, Building and Code
Enforcement, James R. Derryberry, dated October 19, 1999, providing a status
report on existing plans for and recent development interests and planning
activities in North Coyote Valley.
The
Committee recommended acceptance of the status report.
(2) Convention and Cultural Facilities
Annual Performance Report. Attachment: Memorandum from Director of Conventions, Arts and
Entertainment, Nancy Johnson, dated October 18, 1999, recommending
approval of the 1998-99 Performance Report for the San José Convention &
Cultural Facilities.
The
Committee recommended acceptance of the report.
(3) Public Outreach (Noticing) Procedure for
Planning Department Related Notices. Attachment: Memorandum from Director of
Planning, Building and Code Enforcement, James R. Derryberry, dated October 18,
1999, recommending approval of the Public Outreach Policy, and the initiation
of an ordinance changing the Zoning Ordinance to reflect inclusion of on-site
notification signs in the Public Hearing section of the Code.
The Committee recommended acceptance of the
report with the following changes: Under the category Definitions, “Large Development Projects” be defined as 100
dwelling units or more, or 60,000 square feet of commercial uses, or 100,000
square feet of office or industrial uses; and that the Policy read “signs will
be 4 feet by 8 feet”.
Discussion/Action:
See Item 9f for Council action taken.
(4) Recommendations for Streamlining
Entertainment Permit Process. Attachment: Memorandum from Director of Planning,
Building and Code Enforcement James R. Derryberry, and Chief of Police William
M. Lansdowne, dated October 21, 1999, recommending approval of the Staff
recommendation that the Entertainment Permit Process remain with the Police
Department as specified in Chapter 6.60 of the Municipal Code; and in addition,
that certain administrative changes be made to the current permit process to
improve interdepartmental coordination and customer service.
The
Committee recommended acceptance of the report.
(5) Update on the Development of a Master
Plan for the Area South of Silver Creek Valley Road in the Edenvale Project
Area. Attachment: Memorandum from Redevelopment Agency Interim Executive
Director, Richard Rios, dated October 18, 1999, submitting a report in brief
for informational purposes only.
The
Committee recommended acceptance of the report.
(6) Review and approve the Economic and
Community Development Committee Workplan for November 1999 through January
2000. Attachment: Revised Economic & Community Development Committee
Workplan for the period covering November 1, 1999 through January 3, 2000.
The
Committee recommended acceptance of the report and approval of the requested
changes (a) to reschedule the January 3, 2000 meeting to January 10, 2000; (b)
to add the City Auditor’s Report on Code Enforcement to the December 6, 1999
Committee meeting; and (c) that the Convention Center Expansion Report come
forward to the February 7, 2000 Economic and Community Development Committee
meeting.
(7) Oral
petitions
Saul
Wachter, representing Affordable Housing Network of Santa Clara County,
requested the Committee review the Draft Replacement Housing Plan for
Redevelopment Projects Downtown Report prior to its scheduled review by the
Agency Board at its meeting on November 23, 1999. The Committee will review the
possibility of scheduling a special Economic and Community Development
Committee meeting to review the Report.
(8) Adjournment
The meeting was
adjourned at 3:36 p.m.
Discussion/Action: Upon
motion by Council Member Diaz, seconded by Council Member Dando and unanimously
carried, the Economic and Community Development Committee Report and actions of
November 1, 1999 were accepted with Council action on Item 7d(3) taken at Item
9f. Vote: 11-0-0-0.
GENERAL GOVERNMENT
9b Adoption of a
resolution:
(1) Approving
business terms for a construction/permanent loan of up to $2,368,000 to Vista Park Associates, II, L.P., or its
designated partnership, 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 Express way and Vista Park Drive.
(2) Authorizing
the Director of Housing to negotiate and execute all necessary documents
evidencing such loans on behalf of the City.
(Housing)
Documents
Filed: Memorandum from Director of Housing, Alex
Sanchez, dated November 4, 1999, recommending Council adopt said resolution.
Discussion/Action:
William J. Garbett spoke against the proposed action. Upon motion by Council
Member Shirakawa, Jr., seconded by Council Member Powers and unanimously carried,
Resolution No. 69219, entitled: “A Resolution of the Council of the City of San
José (i) Approving Business Terms for a Construction/Permanent Loan of Up to
$2,368,000 to Vista Park Associates, II, L.P., or Its Designated Partnership,
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, and (ii) Authorizing the Director of Housing
to Negotiate and Execute All Necessary Documents to Implement the Loan on
Behalf of the City in Accordance With the Approved Business Terms”, was
adopted. Vote: 11-0-0-0.
9d Review of the Civic Center Conceptual Design and
Cost Estimate. (Public Works)
Documents Filed:
None.
Discussion/Action:
This item was deferred to December 7, 1999.
9e Direction to
the Administration to continue development of the Request for Proposal (RFP)
for the 2002 Recycle Plus Program.
(Environmental Services)
(Deferred
from 10/26/99 – Item 9b and 11/9/99 – Item 9a)
Documents
Filed: None.
Discussion/Action:
This item was deferred to November 23, 1999.
9f (1) Approval
of a policy for public noticing and outreach for projects seeking land use
approvals.
(2) Adoption
of a resolution initiating an ordinance to amend Section 20.44.070 of Chapter
20.44 of Title 20 of the San José Municipal Code to allow for the placement of
4 foot by 8 foot public notice signs, and setting a public hearing on January
18, 2000 at 7:00 p.m. in the City Council Chambers and referring the
ordinance to the Planning Commission for its review and comment.
[Economic
and Community Development Committee referral 11/1/99 - Item 7d(3)]
Documents
Filed: Memorandum from Senior Executive Assistant,
Interim Council Liaison Deanna J. Santana, dated November 5, 1999, submitting
Economic and Community Development Committee recommendation for approval of
said policy procedures.
Discussion/Action:
Director of Planning, Building and Code Enforcement, James R. Derryberry
provided a comprehensive overview of the Staff report, which contained the
proposed policy responding to the mandate for public outreach and noticing
processes for all planning and land use permit processes managed by the
Department of Planning, Building and Code Enforcement. He stated the intent of
the policy is to establish a baseline protocol for dissemination of information
related to development activity and to encourage early and frequent
communication between City Staff, developer representatives, and the public. He
stated the proposed Public Outreach Policy increases the minimum radius for
noticing of projects from 300-feet to 500-feet for standard applications, with
a lead time set from 10 days to 2 weeks, and maintains a 1000 linear-foot
radius for noticing for large or controversial projects, and identifies a
number of thresholds for controversial projects requiring greater noticing. He
stated Planning Staff has worked with the City Attorney’s Office on the issue
of on-site signs and supports the use of 4-foot by 8-foot public notifications
signs which would replace existing leasing/for sale signs and limit the time
period for posting. He recommended Council approve the proposed policy changes
amending the City’s Sign Ordinance. Regarding the criteria categorizing each
project, Council Member Woody queried Staff on the definitions incorporating
“anything over fifty residential units”, and the distinction between a 50, 100
or 150-dwelling unit limit. She stated all project development in the Evergreen
community, by the proposed policy definition, would be considered
“controversial” and should be noticed accordingly. Noting his preference to
resolve the issue of proper noticing, Mayor Gonzales stated the condition of 50
residential units is a good measurement for all development applications filed
with the City. In response to Council Member Powers’ inquiry regarding the
reasonable accommodations application and whether they are exempt or subject to
provisions of the Federal Fair Housing Act, City Attorney Joan R. Gallo stated
specific federal restrictions do apply to certain accommodations, however, the
Office of the City Attorney will research the matter and submit a report to
Council. With regard to the color, design and content of each sign, she stated
the details would be reported to Council at a later date. Upon motion by
Council Member Diaz, seconded by Council Member Shirakawa, Jr., and unanimously
carried, (1) the Public Outreach Policy was approved with the changes that the
Policy DEFINITIONS be changed such
that “Large Development Projects” be defined as “50 dwelling units or more”;
(2) that initiation of an ordinance changing the Zoning Ordinance to reflect
inclusion of on-site notification signs in the Public Hearing section of the
code, was approved; (3) the City Attorney directed to research the issue of
exemptions or restrictions in providing notices relative to “applications for
reasonable accommodations”; and Resolution No. 69220, entitled: “A Resolution
of the Council of the City of San José Initiating Proceedings to Amend Section
20.44.070 of Chapter 20.44 of Title 20 of the San José Municipal Code to Allow
for the Placement of Four Foot By Eight Foot Public Notice Signs, and Setting a
Public Hearing on January 18, 2000, at 7:00 p.m. in the City Council Chambers
and Referring the Ordinance to the Planning Commission for Its Review and
Comment”, was adopted. Vote: 11-0-0-0.
FISCAL AFFAIRS
10a (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.
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)
(Deferred
from 11/2/99 – Item 10b)
Documents
Filed: None.
Discussion/Action:
This item was deferred to November 23, 1999.
GENERAL GOVERNMENT
9a Interview
applicants for appointment to fill two vacancies on the Civil Service
Commission for four-year terms ending December 1, 2003. (City Clerk)
Documents
Filed: (1) Memorandum from City Clerk, Patricia L.
O’Hearn, dated November 5, 1999, submitting the applications of candidates to
be interviewed for the Civil Service Commission. (2) Memorandum from City
Attorney, Joan R. Gallo, dated November 3, 1999, highlighting major areas of
known potential conflicts that are disclosed by the applications. (3) Letters
from Robert C. Bailey, dated November 12 & 15, 1999, explaining his absence
from the November 16, 1999 Council interviews and recounting his qualifications
to serve on the Civil Service Commission.
Discussion/Action:
Mayor Gonzales stated applicants Robert Bailey and Dara Ea were unavailable to
attend today’s meeting, and that Robert Bailey’s interview would be rescheduled
to November 23, 1999. He suggested Council interview those applicants present
and defer its final appointment to November 23, 1999. Council interviewed three
applicants--Richard J. Giovannetti, Phillip Gordillo, and Leon E. Louie--and by
unanimous consent, continued the interview of Robert Bailey and subsequent
appointment to November 23, 1999.
Ross Signorino submitted to the
Administration and Council Member LeZotte a list of streets needing restriping
or crosswalk markings. Resident to meet with appropriate City Department.
Council recessed at 2:55 p.m. and
reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Matthews
(excused)
CEREMONIAL ITEMS
5a Swearing in
of Youth Commissioners for Council Districts 2, 4, 6, 8, and 10. (Mayor)
(Deferred
from 11/2/99 – Item 5a)
Documents
Filed: Memorandum from City Clerk, Patricia L.
O’Hearn, dated October 29, 1999, submitting the names of the Youth
Commissioners.
Discussion/Action:
Council Members Powers and Woody, Vice Mayor Fiscalini and Mayor Gonzales
presented biographical sketches of each student’s accomplishments and
achievements, and City Clerk, Patricia L. O’Hearn administered the Oaths of
Office to Youth Commissioners Rachel Stone--District 2, Jennifer
Leung--District 4, Justin Imamura--District 6, Jen Hernandez--District 8, and
Danielle Boule--District 10. Mayor Gonzales invited the parents and friends of
the newly appointed Commissioners to stand and be recognized.
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)
(Deferred
from 11/2/99 – Item 5b)
Documents
Filed: None.
Discussion/Action:
Joined by Mayor Gonzales and Council Member Chavez at the Podium, Council
Member Diaz presented commendations to the following honorees: Rene Morgan,
James Lick High School Beautification Committee; Deana Singleton, Coordinator
of the National Basketball Association Team-Up Program; Nicole Ozer, Youth
Coordinator, Volunteer Exchange of Santa Clara County; Rhonda Berry, Our City
Forest; John Singly from Blue Spruce Landscaping Company, who provided
equipment and materials for many of the projects; and students Denielle
O’Rielly from Bellarmine High School, and Mene Maschucca, representing Monte
Vista High School. The City Council joined Mayor Gonzales in thanking the
volunteers for their service to the City of San José.
5c Presentation
of a commendation to the Volunteer Exchange of Santa Clara County for the
completion of two youth service projects in Council District 3 on October 23,
1999, in celebration of “National Make a Difference Day.” (Chavez)
Documents
Filed: None.
Discussion/Action:
Joined by Mayor Gonzales and Council Member Diaz, Council Member Chavez
presented the commendation to Nicole Ozer, Youth Coordinator, Volunteer
Exchange of Santa Clara County, and thanked the organization for the completion
of several service projects in the City of San José.
5d Welcome and
recognition of Mayor Seiji Hagiwara of Okayama, Japan, San José’s sister
city. (Mayor)
(Rules
Committee referral 11/10/99)
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