MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA
TUESDAY
AUGUST 3, 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, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Powers (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 with respect to existing litigation pursuant to
Government Code Section 54956.9 Subsection (a) to consider the case of Lampkin
v. City of San José, et al.; (B) confer with Legal Counsel regarding
anticipated litigation and the initiation of litigation in one matter pursuant
to subsection (c) of Section 54956.9 of the Government Code; and (C) to confer
with Labor Negotiator pursuant to Government Code Section 54957.6 with respect
to the following: City Negotiator–City Manager designee Mark Nelson, Municipal
Employees Federation Employee Organization.
By unanimous consent, Council
reconvened from the Closed Session and 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, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Powers (excused
INVOCATION
The third grade class from J.R. Meadows
Elementary School sang The World is a
Rainbow. The students were accompanied by their teacher, Mrs. Carliska,
parents, and faculty members of the Franklin-McKinley School District.
(District 7)
PLEDGE OF ALLEGIANCE
J.R.
Meadows Elementary School third grader, Anthony Lake, led in the Pledge of
Allegiance.
ORDERS
OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by
Council Member Diquisto and unanimously carried, the Orders of the Day and the
Amended Agenda were approved with additional deferral of Item 6e(6) to August
10, 1999. Vote: 10-0-1-0. Absent: Powers.
CEREMONIAL
ITEMS
5a Presentation
of plaques to Hernando Caampued for 4 years service on the Airport Commission;
to Michael Borquez for 1 year 10 months service, to Maxwell Crumley for 5 ½
years service, to Anne Leong for 1 year 10 months service, and to Randy
Martinez for 5 years service on the Arts Commission, to Nina Mazzo for 2 years
service, and to Madeleine Randal for 5 ½ years service on the CDBG Steering
Committee; and to Rodolfo Nasol for 5 ½ years service on the Parks and
Recreation Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales
presented plaques to Hernando Caampued, Michael Borquez, Maxwell Crumley, Anne
Leong, and Nina Mazzo in recognition of their service to the citizens of San
José. Plaques for Randy Martinez, Madeleine Randal and Rodolfo Nasol will be
mailed, as the honorees were unable to attend the ceremony.
Upon motion by Council Member, seconded by Council
Member Diquisto and unanimously carried, the Consent Calendar was approved and
the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent:
Powers.
Minutes
for Approval
6a(1) Regular Meeting of June 1, 1999
Documents
Filed: Minutes of regular meeting of the City Council on June 1, 1999.
Discussion/Action:
The minutes were approved. Vote: 10-0-1-0. Absent: Powers.
6a(2) Regular Meeting of San José Parking
Authority of June 1, 1999
Documents
Filed: Minutes of the regular meeting of the San José Parking Authority on
June 1, 1999.
Discussion/Action:
The minutes were approved. Vote: 10-0-1-0. Absent: Powers.
Public
Hearings Set by Council
6c(1) Adoption of a resolution initiating
proceedings and setting August 17, 1999 at 7:00 p.m. as the 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)
Documents Filed: None.
Discussion/Action: This item was
deferred to August 17, 1999.
Contracts/Agreements
6e(1) Report
on bids and award of contract for the South First Street Improvement Project -
William to Reed to the low bidder, and approval of a ten (10) percent
contingency. CEQA: Resolution No. 56466. (Public Works)
[Deferred
from 6/29/99 – Item 6e(68)]
Documents
Filed: None.
Discussion/Action: This item was deferred to August 17, 1999.
6e(2) Adoption of a resolution approving an
agreement with Arthur L. and Patricia A. Grisham, for the purchase of a parcel
of land located at 5551 Silver Creek road, in the amount of $243,500, and
authorization for the Director of Public Works to execute the necessary
documents to complete the transaction.
CEQA: Negative Declaration. (Public Works)
[Deferred from 6/29/99 – Item
6e(78)]
Documents Filed: None.
Discussion/Action: This item was
deferred to August 17, 1999.
6e(3) Adoption
of a resolution authorizing the City Manager to negotiate and execute a second
amendment to the Airport Food and Beverage Concession agreement with Host
International, Inc., to clarify the City’s responsibility to reimburse Host for
the cost of providing additional utilities to the boundaries of Host’s
concession areas, in an amount not to exceed $250,000. CEQA: Resolution No.
67380. (Airport)
Documents Filed: Memorandum from
Director of Aviation, Ralph G. Tonseth, dated July 15, 1999, recommending
Council approve the second amendment to the Airport Food and Beverage
Concession Agreement with Host International, Inc.
Discussion/Action:
Resolution No. 69051, 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 Airport Food and Beverage Concession Agreement With Host International,
Inc.”, was adopted. Vote: 10-0-1-0. Absent: Powers.
6e(4) (a) Adoption
of a resolution authorizing the City Manager to negotiate and execute an
agreement with artist Edward L. (Ned Smyth) to design a work of art for the
Paseo Plaza Condominiums in an amount not to exceed $25,000. (Conventions, Arts and Entertainment)
(b)
Adoption of related
appropriation ordinance amendment
(City
Manager’s Office
Documents Filed: None.
Discussion/Action: Item 6e(4)(a)
was deferred to August 10, 1999 and Item 6e(4)(b) was dropped.
6e(5) Adoption
of a resolution authorizing the City Manager to negotiate and execute an
agreement with the Willow Glen Business Association and the Willow Glen Library
for the donation of a public artwork for the Willow Glen Library. CEQA:
Exempt. (Conventions, Arts and
Entertainment)
Documents Filed: Memorandum from Acting Director of Conventions, Arts and
Entertainment, James McBride, dated July 15, 1999, recommending Council
adopt said resolution.
Discussion/Action: Resolution No.
69052, “A Resolution of the Council of the City of San José Authorizing the
City Manager to Negotiate and Execute An Agreement With the Willow Glen
Business Association and the Willow Glen Neighborhood Association for the
Donation of a Work of Art to the City”, was adopted. Vote: 10-0-1-0. Absent:
Powers.
6e(6) Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 1999-2000 # 4, 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 August 10, 1999
6e(7) (a) Approval
of a ninth amendment to the consultant agreement with Kutzman and Associates,
Inc. for building plan check services, increasing the compensation by $63,000,
from $379,000 to $442,000.
(b) Approval of an eighth amendment to the consultant
agreement with R.K. Associates for building plan check services, increasing the
compensation by $20,000, from $187,000 to $207,000.
(c) Approval of a fourth amendment to the consultant agreement
with Esgil Corporation for building plan check services, increasing the
compensation by $145,000, from $210,000 to $355,000.
(d) Approval of a ninth amendment to the consultant agreement
with Linhart, Petersen, Powers Associates, Inc. for building plan check
services, increasing the compensation by $67,000, from $419,000 to $486,000.
(Planning,
Building and Code Enforcement)
Documents Filed: Memorandum from
Director of Planning, Building and Code Enforcement, James R. Derryberry, dated
July 15, 1999 recommending Council approve the amendments to said consultant
services agreements.
Discussion/Action: The ninth
amendment to the consultant agreement with Kutzman and Associates, Inc., the
eighth amendment to the consultant agreement with R.K. Associates, the fourth
amendment to the consultant agreement with Esgil Corporation, and the ninth
amendment to the consultant agreement with Linhart, Petersen, Powers
Associates, Inc., were approved and execution of the amendments authorized.
Vote: 10-0-1-0. Absent: Powers.
6e(8) Adoption
of a resolution authorizing the Director of General Services to execute a
fourth amendment to the agreement with AZTEC/MCE Corporation for oversight and
auditing of maintenance activities at the San Jose Arena, Children’s Discovery
Museum, Repertory Theater, and the San Jose Ice Centre, extending the term of
the agreement by four (4) months, from July 1, 1999 to October 31, 1999, and
increasing the compensation by $33,000, for a total contract amount not to
exceed $241,916. (General Services)
Documents Filed: Memorandum from
Director of General Services, Steve S. Yoshino, dated July 15, 1999,
recommending Council adopt said resolution.
Discussion/Action: Resolution No.
69053, entitled: “A Resolution of the Council of the City of San José
Authorizing the Director of General Services to Execute a Fourth Amendment to
the Agreement With AZTEC/MCE Corporation for Oversight and Auditing of
Maintenance Activities”, was adopted. Vote: 10-0-1-0. Absent: Powers.
6e(9) Report on bids and award of contract for
the National Guard Storage Building to the lowest responsive bidder, HRB
Construction, Inc., in the amount of $93,450, and approval of a contingency in
the amount of $10,000. CEQA: Resolution No. 65071. (Public Works)
Documents Filed: Memorandum from
Director of Public Works, Ralph A. Qualls, Jr., dated July 15, 1999,
recommending Council accept the bid report and award said contract to the
lowest responsive bidder, HRB Construction, Inc.
Discussion/Action: The report on
bids was accepted and the award of contract to HRB Construction, Inc., the
lowest responsive bidder, was approved and execution of the contract
authorized. Vote: 10-0-1-0. Absent: Powers.
6e(10) Adoption of a resolution approving an
agreement with the State of California, through its Director of General
Services, for the purchase of a permanent easement as well as a temporary
construction easement on adjoining land located along Zanker Road, between
Tasman Drive and River Oaks Parkway, in the amount of $86,905, and
authorization for the Director of Public Works to execute the necessary
documents to complete the transaction. CEQA: Resolution No. 66985. (Public
Works)
Documents Filed: Memorandum from
Director of Public Works, Ralph A. Qualls, Jr., dated July 15, 1999,
recommending Council adopt said resolution.
Discussion/Action: Resolution No.
69054, entitled: “A Resolution of the Council of the City of San José
Authorizing the Director of Public Works to Negotiate and Execute An Agreement
With the State of California For the Purchase of Permanent Right of Way and
Public Utilities Easements and a Temporary Construction Easement On Land
Located Between Tasman Drive and River Oaks Parkway for the Amount of $86,905
and Authorizing the Director of Public Works to Execute All Other Documents
Necessary to Complete the Transaction”, was adopted. Vote: 10-0-1-0. Absent:
Powers.
6e(11) Approval of an agreement with CLUB ONE,
Inc. to provide a comprehensive Wellness Program for the San José Fire
Department in an amount not to exceed $207,950 for the period August 3, 1999 to
June 30, 2000. (Fire)
(Rules in Lieu Committee referral
7/28/99)
Documents Filed: Memorandum from
Acting Fire Chief, William B. Staples, dated July 30, 1999, recommending
Council approve said agreement.
Discussion/Action: William J.
Garbett spoke against the proposed action. The agreement with CLUB ONE, Inc.,
was approved and its execution authorized. Vote: 10-0-1-0. Absent: Powers.
Routine
Legislation
6f(1) Approval of an ordinance amending 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 the service area, without requiring
annexation to the City, under limited circumstances. (City Attorney’s Office)
[Deferred from 6/22/99 – Item
6f(5)]
Documents Filed: None.
Discussion/Action: This item was
deferred to August 31, 1999.
6f(2) Adoption
of an 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 $1,088,770. (City
Manager's Office)
Documents Filed: None.
Discussion/Action: This item was
deferred to August 10, 1999.
6f(3) Adoption of a resolution authorizing the
reorganization of territory designated as Parker No. 22, which involves the
annexation to the City of San José of 0.63 acre of land, located at the
northwest corner of Woodard Road and Calvin Avenue, and the detachment of the
same from the Central Fire Protection District, Santa Clara Valley County
Water, and West Valley Sanitation.
CEQA: Resolution No. 65459. (Planning, Building, and Code Enforcement)
Documents Filed: Memorandum from
Director of Planning, Building and Code Enforcement, James R. Derryberry, dated
July 15, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No.
69055, entitled: “A Resolution of the Council of the City of San José Ordering
the Reorganization of Certain Uninhabited Territory Designated as Parker No. 22
Subject to Liability for General Indebtedness of the City”, was adopted. Vote:
10-0-1-0. Absent: Powers.
6f(4) Adoption of a resolution accepting a
Technology to Recover Abducted Kids Program (TRAK) computer system valued at
approximately $8,000 for use by the Police Department in the investigation of
missing persons. (Police)
Documents Filed: Memorandum from
Chief of Police William M. Lansdowne, dated July 15, 1999, recommending Council
adopt said resolution.
Discussion/Action: Resolution No.
69056, entitled: “A Resolution of the Council of the City of San José Accepting
a Gift of a TRAK Computer System From SocialTech, Inc. Valued at Approximately
$8,000 to Be Used By the Police Department in the Investigation of Missing
Persons”, was adopted. Vote: 10-0-1-0. Absent: Powers.
COMMISSION,
COMMITTEE, AND STANDING REPORTS
7a Reports of the Committee of the Whole
Documents Filed: Committee of
the Whole Reports and Agendas.
(1) Meeting of May 26, 1999
(a) Proposed Operating Budget for FY
1999-2000
(2) Meeting of May 27, 1999
(a) Proposed Operating Budget for FY
1999-2000
(3) Meeting of June 2, 1999
(a) Proposed Operating Budget for FY
1999-2000
(4) Meeting of June 3, 1999
(a) Proposed Operating Budget for FY
1999-2000
The Committee accepted departmental
presentations on the Proposed Operating Budget for 1999-2000 and
Departmental/Fund Review for the City’s General Government Departments,
Mayor-City Council and Council Appointees, public safety departments of Police
and Fire, the City’s Community Services Departments, and Capital Maintenance
Departments, and directed the Administration to respond to Committee
recommendations and directions for adjustments. The Committee accepted an
overview of the 1999-2000 Proposed Fees and Charges and a review of the Auditor
findings with budget implications.
Discussion/Action: Upon
motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr., and
unanimously carried, the Committee of the Whole Reports were accepted. Vote:
10-0-1-0. Absent: Powers.
7c Report of the Finance and Technology
Committee – June 23, 1999
Documents Filed: Finance and
Technology Committee Report of the June 23, 1999 meeting.
(1) JD Edwards Financial System
Implementation Update
(2) Monthly Financial Statements – May 1999
(3) Capital Cost Report
(4) Cash Flow Projection
Items 7c(1)-(4) will be heard by the
Redevelopment Agency Board.
(5) Convention
Center Refinancing of Current Debt. Attachment: Memorandum from Director of
Finance John V. Guthrie, and Redevelopment Agency Director of Finance and
Budget David Baum, dated June 17, 1999, recommending approval of the concept of
utilizing a synthetic refunding for the refinancing of the Convention Center
Debt and direct Staff to develop a financing plan for City Council/Agency
Board/Financing Authority Board approval in August 1999.
The Committee did not approve the
Refinancing of Convention Center Debt option. The Committee directed Agency and
City Staff to submit the option to the Investment Committee for further review,
and to report back to the Finance and Technology Committee at the August 11,
1999 meeting.
(6) Monthly
Financial Report for April 1999. Attachment: Memorandum from Budget Director,
Larry D. Lisenbee, dated June 16, 1999, transmitting the Monthly Financial
Report for April 1999.
The Committee accepted the Staff report
with direction that Staff provide a report on the programs that San Diego and
Long Beach have adopted and to include any relevant statistics on the benefits
of the City’s current Wellness Program.
(7) May Monthly Activity Report.
Attachment: Letter from City Auditor, Gerald A. Silva, dated June 16, 1999,
transmitting a written report of the Office of the City Auditor’s Report of
Activities and Findings for the period May 16 through June 15, 1999 and the
schedule of audit costs for the month of May 1999.
The Committee accepted the staff report.
(8) City Auditor’s Workplan for
1999-2000. Attachment: Letter from City Auditor, Gerald A. Silva, dated June
17, 1999, recommending approval of the City Auditor’s Proposed Audit Workplan
for Fiscal Year 1999-2000.
The
Committee accepted the staff report with the exception of two new audit
recommendations: The Fire Department Staffing audit and the Public Works Real
Estate Division audit; further discussion of the two audit requests will take
place at the August 11, 1999 Finance and Technology Committee meeting.
(9) Cable Franchise Renewal Process
The
Committee deferred this item to the August 11, 1999 Finance and Technology
Committee meeting.
(10) Council Chambers Video System Update.
Attachment: Public Education and Community Outreach Manager, Tom Manheim, dated
June 17, 1999, recommending acceptance of the status report on the Council
Chambers Video System design.
The
Committee accepted the staff report.
(11) Finance
and Technology Committee Workplan for August through December 1999. Attachment:
Undated document entitled Finance &
Technology Committee Workplan August – December 1999.
The Committee deferred this item to the
August 11, 1999 Finance and Technology Committee meeting.
(12) Oral petitions
None
Presented.
(13) Adjournment
The
meeting was adjourned at 12:00 Noon.
Discussion/Action: Upon motion by
Council Member Woody, seconded by Council Member LeZotte and unanimously
carried, the Finance and Technology Committee Report and actions of June 23,
1999 were accepted with Items 7c(1)-(4) referred to the Redevelopment Agency
Board for consideration. Vote: 10-0-1-0. Absent: Powers.
7e Report of the Transportation and
Environment Committee – June 24, 1999
(1) Consent Calendar
(2) Report on Airport Transportation Access Plan
(3) Dialogue with the Board of Directors, Santa Clara Valley
Water District
(a) South Bay Water Recycling the Phase 2
and 2020 Master Plan
(b) Watershed Management Initiative
(c) CALFED Bay Delta Program
(d) Flood Protection and Stream
Management Program Development
(4) Oral petitions
(5) Adjournment
Documents Filed: None.
Discussion/Action: This item was
dropped because it was heard by the City Council on June 29, 1999.
7f Report of the Education,
Neighborhoods, Youth, and Seniors Committee – June 21, 1999
Documents Filed: Education,
Neighborhoods, Youth, and Seniors Committee Report of the meeting on June 21,
1999.
(1) Mayor’s Gang Prevention Task Force
Strategic Workplan
This
item was heard by Council on June 29, 1999.
(2) B.E.S.T. Cycle IX Proposed Allocation
Plan
This
item was heard by Council on June 29, 1999.
(3) Youth Commission Monthly Report.
Attachment: Memorandum from Chairman, San José Youth Commission, Eric Cote,
dated June 9, 1999, submitting the monthly report on the activities of the
Youth Commission.
The
Committee accepted the report.
(4) Anti-Tobacco Update. Memorandum from
Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated
June 9, 1999, reporting on the status of the Anti-Tobacco Program and Services
identified in the spending plan.
The
Committee accepted the report and directed Staff to report back to Committee on
August 16, 1999 regarding the issue of business license renewal.
(5) Approval of the Education,
Neighborhood, Youth and Seniors Committee Workplan July 1-December 1999
The
Committee deferred this item to August 16, 1999 meeting.
(6) Oral petitions
None
Presented.
(7) Adjournment
The
meeting was adjourned at 3:20 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 June 21, 1999 were accepted. Vote: 10-0-1-0. Absent: Powers.
GENERAL
GOVERNMENT
9a Adoption of a resolution setting
population limits for purpose of calculating the Voluntary Expenditure Limits
for the Year 2000 Municipal Election Cycle. (City Clerk)
(Deferred from 6/8/99 – Item 9b)
Documents Filed: None.
Discussion/Action: This item was
deferred to August 17, 1999.
9b (1) Approval of an agreement with
California Water Conservation Company (CWCC) to implement the Community
Partnership Program (CPP) for the installation by March 31, 2000 of a minimum
of 8,000 Ultra-Low Flush Toilets (ULFTs) in single family dwellings; with a
minimum of 1,000 and a maximum of 1,200 under the Fee For Service Program
Element, and the remainder in low-income, elderly, disabled, and other
communities for a total amount not to exceed $1,253,000.
(2) Adoption of a resolution authorizing the City Manager to:
(a) Exercise an option to extend the
agreement to provide for the installation by June 30, 2000 of up to 4,000 additional
ULFTs in single-family dwellings for a total amount not to exceed $626,500.
(b) Subject to appropriation of funds for
FY 2000-01, exercise an option to extend the agreement to June 30, 2000, to
provide for the installation of up to an additional 8,000 ULFTs in
single-family dwellings total at the 1999-2000 unit costs.
(Environmental Services)
(Deferred from 6/29/99 – Item 9i)
Documents Filed: (1) Memorandum
from Director of Environmental Services, Carl W. Mosher, dated June 9, 1999,
recommending Council approve said agreement with California Water Conservation
Company and adopt said resolution. (2) Letter from San José/Santa Clara Water
Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob
Livengood, dated June 11, 1999, recommending approval of the agreement with
Water Conservation Company and adoption of said resolution.
Discussion/Action: This item was
dropped.
9c Reconsideration of City Council
position on location of Caltrain Maintenance Facility. (Public Works)
(Deferred from 6/29/99 – Item 9w)
Documents Filed: Memorandum from
Director of Public Works, Ralph A. Qualls, Jr., dated June 25, 1999, providing
Council with background information on the purpose of the project and the
location for the facility.
Discussion/Action: This item was
dropped.
9d Report
on bids and award of contract for the LoBue Park Project to the low bidder,
Blossom Valley Construction, Inc., in the amount of $912,700. CEQA: ND. (Public Works)
Documents Filed: Memorandum from
Director of Public Works, Ralph A. Qualls, Jr., dated July 15, 1999,
recommending Council accept the report on bids and award said contract to the
low bidder, Blossom Valley Construction, Inc.
Discussion/Action: Upon motion by
Council Member Diaz, seconded by Council Member Matthews and carried, the bid
report was accepted and award of contract to Blossom Valley Construction, Inc.,
the low bidder, was approved and execution of the contract authorized. Vote:
9-1-1-0. Noes: LeZotte. Absent: Powers.
Council Member Shirakawa, Jr., left
Council Chambers at 1:50 p.m.
9e Adoption of an urgency ordinance
amending Section 8.04.010 of Chapter 8.04 of Title 8 of the San José Municipal
Code to provide the Independent Police Auditor with the authority to
participate in the Police Department’s review of officer-involved
shootings. (City Attorney’s Office)
(Rules in Lieu 7/28/99)
Documents Filed: Memorandum from
City Attorney, Joan R. Gallo, dated July 27, 1999, recommending Council adopt
said urgency ordinance.
Discussion/Action: William J.
Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini,
seconded by Council Member Woody and unanimously carried, Urgency Ordinance No.
25922, entitled: “An Urgency Ordinance of the City of San José Amending Chapter
8.04 of Title 8 By Amending Section 8.04.010 of the San José Municipal Code to
Provide the Independent Police Auditor With the Authority to Participate in the
Police Department Review of Officer-Involved Shootings and Stating the Reason
For the Urgency”, was adopted. Vote: 9-0-2-0. Absent: Powers, Shirakawa, Jr.
Council Member Shirakawa, Jr. returned to
Council Chambers during discussion on Item 10a.
FISCAL
AFFAIRS
10a PUBLIC
HEARING on the Fiscal Year 1999-2000 Annual Sewer Service and Use Charge and
Storm Sewer Charge Report of the Director of Finance, and approval of the
placement of charges on the tax roll.
(Finance)
Documents Filed: (1) Memorandum
from Director of Finance, John V. Guthrie, dated July 15, 1999, recommending
Council approve Staff recommendation regarding specified charges. (2) Notice of
Public Hearing on Sewer and Use Charge and Storm Sewer Service Charge, dated
July 13, 1999, and Proof of Publication executed on July 23, 1999, submitted by
the City Clerk. (3) Affidavit of Posting of the Notice of Public Hearing for
Sewer Service, Use Charge and Storm Sewer Service Charge, dated July 19, 1999.
Discussion/Action: Representing
Hamilton & Hamilton Real Estate Professionals, General Partner Leslie W.
Hamilton protested the charges and parcel assessments, and suggested the
following language as an alternative criteria: “In no event shall the quality
charge exceed one-fourth of the per acre charge appurtenant to the parcel”.
City Attorney Joan Gallo stated dialogue is continuing between the City
Attorney’s Office and the attorneys for Hamilton & Hamilton Real Estate
Professionals, and recommended that the assessments be withheld from the tax
roll until disputed charges can be reconciled. William J. Garbett spoke against
the proposed action. Council Member Diquisto spoke in opposition to the
exception. Upon motion by Council Member Diaz, seconded by Council Member
Matthews and carried, the Staff recommendation for the placement of charges on
the tax roll was approved with direction to withhold any further action on the
Hamilton & Hamilton properties until the City Attorney has resolved certain
issues presented by the property owners. Vote: 9-1-1-0. Noes: Diquisto. Absent:
Powers.
RECESS/RECONVENE
Council recessed at 2:05 p.m. and
reconvened at 7:00 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini,
LeZotte, Matthews, Shirakawa, Jr. (entered the meeting at 7:15 p.m.), Woody;
Gonzales
Absent: Council Members: Powers (excused)
City Clerk, Patricia L. O’Hearn,
read the requests for continuances of applications and other actions as
recommended. Upon motion by Vice Mayor Fiscalini, seconded by Council Member
Diquisto and unanimously carried, the below noted continuances and other
actions were granted. Vote: 9-0-2-0. Absent: Powers, Shirakawa, Jr.
PUBLIC
HEARINGS
15a PUBLIC
HEARING and adoption of a resolution authorizing the reorganization of
territory designated as Monterey Park #103, which involves the annexation to
the City of San José of 60.55 acres of land, located on the south side of
Curtner Avenue, opposite Stone Avenue, and the detachment of the same from the
Central Fire Protection District, Santa Clara County Library Service District,
and the Santa Clara Valley Water District.
CEQA: Resolution No. 65459.
(Planning,
Building, and Code Enforcement).
(Continued from 2/16/99 – Item
15b et al., and 6/15/99 – Item 15a)
Documents Filed: None.
Discussion/Action: This item was
continued to September 7, 1999.
15c PUBLIC HEARING and approval of an
ordinance amending Sections 20.44.310 and 20.44.810 of Chapter 20.44 of Title
20 of the San José Municipal Code to specify the circumstances under which a
Site Development Permit is required for single family homes. CEQA: Exempt.
(Planning, Building, and Code
Enforcement)
(Continued from 6/15/99 – Item
15d)
Documents Filed: None.
Discussion/Action: This item was
continued to September 7, 1999.
15d 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).
PDC 98-09-069 – District 1
(Continued from 3/2/99 – Item 15d
et al., and 6/15/99 – Item 15f)
Documents Filed:
Discussion/Action: This item was
continued to August 17, 1999.
15f PUBLIC HEARING ON PLANNED DEVELOPMENT
PREZONING of the property located at the east side of Capitol Avenue, between
Riverrun Drive and Gay Avenue, from County to A(PD) Planned Development Zoning
District, to allow 71 single-family detached residential units on 7.6 gross
acres (Zoria Family, Owner; Jim Sullivan, Braddock and Logan, Developer). CEQA:
Negative Declaration. Director of Planning,
Building and Code Enforcement recommends denial. Planning Commission recommends denial (7-0-0).
PDC 99-01-003 – District 5
(Continued from 6/15/99 – Item
15u)
Documents Filed: None.
Discussion/Action: This item was continued to August 17, 1999.
15b PUBLIC HEARING and approval of an
ordinance amending Title 20 to the San José Municipal Code by amending Section
20.28.410 to include poolrooms as a conditional use in the C-2 Commercial
district. Director of Planning, Building, and Code Enforcement recommends
approval. Planning Commission recommends approval (7-0-0). (Planning, Building,
and Code Enforcement)
Citywide
(Continued from 5/18/99 – Item
15b and 6/15/99 – Item 15b)
Documents Filed: (1) Memorandum
from the Planning Commission, dated April 29, 1999, recommending Council adopt
the proposal to list poolrooms as a conditional use in the C-2 Commercial
District. (2) Public Hearing Notice to consider a change in the Zoning Code of
the City of San José, dated March 18, 1999, and Proof of Publication executed
April 2, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales
opened the public hearing to consider the amendment to the San José Municipal
Code to include poolrooms. There was no discussion from the Floor. Upon motion
by Vice Mayor Fiscalini, seconded by Council Member Diquisto and unanimously
carried, the public hearing was closed, the Planning Commission recommendation
approved, and Ordinance No. 25923, entitled: “An Ordinance of the City of San
José Amending Section 20.28.410 of Chapter 20.28 of Title 20 of the San José
Municipal Code to Make Poolrooms a Conditional Use in the C-2 Commercial
District”, was passed for publication. Vote: 9-0-2-0. Absent: Powers,
Shirakawa, Jr.
15e PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the northwest corner of Kirk Road and
Tawnygate Way, from R-1:B-6 (PD) Residence Zoning District to A(PD) Zoning
District, to allow four single-family detached residential units on 0.67 gross
acre (Robert P. Schiro, Owner/Developer).
CEQA: Negative Declaration. Director of Planning, Building, and Code
Enforcement recommends approval.
Planning Commission recommends approval (6-0-1).
PDC 98-09-072 – District 9
(Continued
from 6/15/99 – Item 15p)
Documents Filed: (1) Memorandum
from the Planning Commission, dated July 15, 1999, recommending Council adopt
an ordinance approving the subject rezoning.(2) Public Hearing Notice to
consider a change in Zoning for PDC 98-09-072 dated May 5, 1999, and Proof of
Publication executed on May 14, 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
Diquisto, seconded by Vice Mayor Fiscalini and unanimously carried, the public
hearing was closed, the Planning Commission recommendation approved, and
Ordinance No. 25924, entitled: “Ordinance of the City of San José Rezoning
Certain Real Property Situated on the Northwest Corner of Kirk Road and
Tawnygate Way”, was passed for publication. Vote: 9-0-2-0. Absent: Powers,
Shirakawa, Jr.
Council Member Shirakawa, Jr. entered
Council Chambers at this time the meeting.
15g PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the southeast corner of Radio Avenue and
Lincoln Court, from R-1 Residence Zoning District to A(PD) Planned Development
Zoning District, to allow three single-family detached residences on 0.35 gross
acre (Rodney Edmiston, Owner/Developer). CEQA: Exempt. Director of Planning, Building
and Code Enforcement recommends approval. Planning Commission recommends
approval (6-0-1).
PDC 99-03-025 - District 6
Documents Filed: (1) Memorandum
from the Planning Commission, dated July 15, 1999, recommending Council adopt
an ordinance approving the subject rezoning. (2) Public Hearing Notice to
consider a change in Zoning for PDC 99-03-025 dated June 2, 1999, and Proof of
Publication executed on June 11, 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 Vice Mayor
Fiscalini, seconded by Council Member Dando and unanimously carried, the public
hearing was closed, the Planning Commission recommendation approved, and
Ordinance No. 25925, entitled: “Ordinance of the City of San José Rezoning
Certain Real Property Situated on the Southeast Corner of Radio Avenue and
Lincoln Court”, was passed for publication. Vote: 10-0-1-0. Absent: Powers.
15h PUBLIC HEARING ON CONFORMING REZONING
of the property located at the west side of South First Street, 125 feet
southerly of Willow Street, from M-1 Manufacturing Zoning District to C-2
Commercial Zoning District, to allow commercial office uses on 0.3 gross acre
(Sandra Avanessian, Owner; Sandra Escobar, Developer). CEQA: Resolution No.
65459. Director of Planning, Building, and Code Enforcement recommends
approval. No Planning Commission action required.
C 99-04-035 - District 3
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff
Report on Project File Number C99-04-035 dated July 15, 1999, recommending approval
of the proposed conforming rezoning. (2) Public Hearing Notice to consider a
change in Zoning for C99-04-035 dated July 12, 1999, and Proof of Publication
executed on July 23, 1999, 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 Diaz,
seconded by Council Member LeZotte and unanimously carried, the public hearing
was closed and Ordinance No. 25926, entitled: “Ordinance of the City of San
José Rezoning Certain Real property Situated at the West Side of South First
Street, 125 Feet southerly of Willow Street”, was passed for publication. Vote:
10-0-1-0. Absent: Powers.
15i PUBLIC HEARING ON CONFORMING REZONING
of the property located at the southwesterly side of Silver Creek Valley Road,
opposite Beaumont Canyon Drive, from A(PD) Planned Development Zoning District
to A(PD) Planned Development Zoning District, to allow the addition of 10,200 square
feet to a previously approved retail center on 8.3 gross acres (Canyon Creek
Plaza LP, Owner/Developer). CEQA: Resolution No. 61784. Director of Planning, Building, and Code
Enforcement recommends approval. No Planning Commission action required.
PDC 99-05-039 - District 8
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff
Report on Project File Number PDC 99-05-039 dated July 15, 1999, recommending
approval of the proposed conforming rezoning. (2) Public Hearing Notice to
consider a change in Zoning for PDC 99-05-039 dated July 13, 1999, and Proof of
Publication executed on July 23, 1999, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales
opened the public hearing on the conforming rezoning of the subject property.
For the public record, Council Member Woody noted the importance of the project
to the community and requested that Council direct the Director of Planning,
Building, and Code Enforcement to make sure the project remains on schedule.
There was no discussion from the Floor. Upon motion by Council Member Woody,
seconded by Council Member Diaz and unanimously carried, the public hearing was
closed and Ordinance No. 25927, entitled: “Ordinance of the City of San José
Rezoning Certain Real Property Situated on the Southwesterly Side of Silver
Creek Valley Road, Opposite Beaumont Canyon Drive”, was passed for publication.
Vote: 10-0-1-0. Absent: Powers.
15j PUBLIC HEARING ON CONFORMING REZONING
of the property located at the east side of South First Street across from
Edwards Avenue (960 South First Street), from M-1 Manufacturing Zoning District
to C-2 Commercial Zoning District, to allow commercial uses on 0.05 gross acre
(Shabab Roohparvar, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning,
Building, and Code Enforcement recommends approval. No Planning Commission
action required.
C 99-06-051 - District 3
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff
Report on Project File Number C99-06-051 dated July 15, 1999, recommending
approval of the proposed conforming rezoning. (2) Public Hearing Notice to
consider a change in Zoning for C99-06-051 dated July 12, 1999, and Proof of
Publication executed on July 23, 1999, 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 Matthews and unanimously carried, the public hearing
was closed and Ordinance No. 25928, entitled: “Ordinance of the City of San
José Rezoning Certain Real Property Situated at the East Side of South First
Street Across From Edwards Avenue (960 south First Street)”, was passed for
publication. Vote: 10-0-1-0. Absent: Powers.
The City Council joined Mayor Gonzales in
acknowledging Boys Scout Troop 266, who attended the Council meeting as a
requirement for their Citizenship Merit Badge. The Troop and Scoutmaster were
asked to stand and be recognized.
15k PUBLIC HEARING ON CONFORMING REZONING
of the property located at the south side of Madden Avenue, approximately 700
feet easterly of Jackson Avenue, from R-1:B-6 Residence Zoning District to R-3
Residence Zoning District, to allow multi-family/single-family attached
residential units on 0.44 gross acre (Hoang Pham, Owner; John Ha, Developer).
CEQA: Negative Declaration. Director of Planning, Building, and Code
Enforcement recommends approval. No Planning Commission action required.
C 98-12-103 - District 5
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff
Report on Project File Number C98-12-103 dated July 15, 1999, recommending
approval of the proposed conforming rezoning. (2) Public Hearing Notice to
consider a change in Zoning for C98-12-103 dated July 12, 1999, and Proof of
Publication executed on July 23, 1999, 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 Diaz,
seconded by Council Member Woody and unanimously carried, the public hearing
was closed and Ordinance No. 25929, entitled: “Ordinance of the City of San
José Rezoning Certain Real Property Situated on the South Side of Madden
Avenue, 700 Feet Easterly of Jackson Avenue”, was passed for publication. Vote:
10-0-1-0. Absent: Powers.
ORAL COMMUNICATIONS
The following individuals addressed the
City Council on alleged Police brutality and harassment: Darryl Williams, Joe
L. Caetano, Gary Wood, Daniel Garcia, Sr., Douglas R. Hollenbeck, Rolio M.
Alvarez, Golden Wolf; Aminah Jahi, President, San José Branch of the NAACP; and
Richard Konda, representing the Asian Law Alliance. The speakers were
admonished to continue working with the San José Police Department.
CLOSED SESSION REPORT
Disclosure
of Closed Session Action of August 3, 1999 submitted by City Attorney, Joan R.
Gallo:
A. Authority To Participate Or Intervene
In Litigation:
The
City Attorney was granted authority to represent the San José Repertory Theatre
in litigation involving construction of the theater.
Council Vote: Ayes: Chavez,
Dando, Diaz, Diquisto, LeZotte, Matthews, Shirakawa, Jr.; Gonzales.
Noes: None.
Absent: Fiscalini, Powers, Woody.
Disqualified: None.
B. Authority To Enter Litigation Case as Amicus Curiae:
Case Name: Tahoe-Sierra Preservation Council v. Tahoe Regional Planning
Agency
Adverse
Party or Parties: Tahoe-Sierra
Preservation Council
Substance
of Litigation: Whether a temporary land use moratorium can give rise to a
damages claim.
Council Vote: Ayes: Chavez,
Dando, Diaz, Fiscalini, LeZotte, Matthews, Shirakawa, Jr., Woody; Gonzales.
Noes: None.
Absent: Powers, Diquisto.
Disqualified: None.
ADJOURNMENT
The
Council of the City of San José adjourned at 7:30 p.m. in memory of Elizabeth
Rooney Kettmann, longtime San José resident, music teacher, socialite, business
woman, volunteer, and mother of Fleur Kettmann, Administrative Assistant to the
City Clerk.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK