MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA
TUESDAY, AUGUST 17, 1999
The Council of
the City of San Jose convened in regular session at 9:39 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 9:40 a.m. in Room 600 for the
purpose of conducting Public Employment/Public Employee Appointment to the
positions of City Manager of the City of San José, and Executive Director of
the Redevelopment Agency, City of San José, pursuant to Government Code Section
54957.
By unanimous consent, Council
reconvened from the Closed Session, recessed at 11:00 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.
CLOSED
SESSION REPORT
Disclosure of Closed Session Actions
of August 17, 1999 submitted by Mayor Ron Gonzales for Council approval:
Confirmation of the Following
Appointments:
(1) Del
D. Borgsdorf - City Manager
(2) Susan
F. Shick - Executive Director, Redevelopment Agency
Council Vote: Ayes: Chavez, Dando, Diaz, Diquisto, Fiscalini,
LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Noes: None.
Absent: None.
Disqualified: None.
INVOCATION
Six
students from Kobrakai, the Ru-Do Karate School of Martial Arts, demonstrated
several routines directed by Sensei Rudy R. Coronado. The teens attend the Fair
Teen Center. (District 7)
PLEDGE OF ALLEGIANCE
Mayor
Gonzales led in the Pledge of Allegiance.
ORDERS
OF THE DAY
Upon
motion by Vice Mayor Fiscalini, seconded by Council Member Powers and
unanimously carried, the Orders of the Day and the Amended Agenda were
approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Presentation of plaques to Sharon
Sweeney for 4 years service on the Airport Commission, to Kenneth Lynch for 4
years service on the Airport Commission, and to Jeffrey Ota for 2 years 1 month
service on the Parks and Recreation Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales
presented the plaque to Sharon Sweeney with the Council’s appreciation for the
honoree’s contributions to the City of San José. Plaques for Kenneth Lynch and
Jeffrey Ota will be mailed, as the honorees were unable to attend the meeting.
CONSENT CALENDAR
Upon
motion by Vice Mayor Fiscalini, seconded by Council Member Dando and
unanimously carried, the Consent Calendar was approved and the below listed
actions were taken as indicated. Vote: 11-0-0-0.
Ordinances for Final Adoption
6b(1) ORD. NO. 25923
– Amends 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.
Documents Filed: Proof of
publication of the title of Ordinance No. 25923 executed on August 10, 1999,
submitted by the City Clerk.
Discussion/Action: Ordinance No.
25923 was adopted. Vote: 11-0-0-0.
6b(2) ORD. NO. 25924
– Rezones certain real property situated on the northwest corner of Kirk Road
and Tawnygate Way.
PDC 98-09-072
Documents Filed: Proof of
publication of the title of Ordinance No. 25924 executed on August 10, 1999,
submitted by the City Clerk.
Discussion/Action: Ordinance
No. 25924 was adopted. Vote: 11-0-0-0.
6b(3) ORD. NO. 25925 – Rezones certain
real property situated on the southeast corner of Radio Avenue and Lincoln
Court.
PDC 99-03-025
Documents Filed: Proof of
publication of the title of Ordinance No. 25925 executed on August 10, 1999,
submitted by the City Clerk.
Discussion/Action: Ordinance
No. 25925 was adopted. Vote: 11-0-0-0.
6b(4) ORD. NO. 25926 – Rezones certain
real property situated on the west side of South First Street, 125 feet
southerly of Willow Street.
C 99-04-035
Documents Filed: Proof of
publication of the title of Ordinance No. 25926 executed on August 10, 1999,
submitted by the City Clerk.
Discussion/Action: Ordinance
No. 25926 was adopted. Vote: 11-0-0-0.
6b(5) ORD. NO. 25927 – Rezones certain
real property situated on the southwesterly side of Silver Creek Valley Road,
opposite Beaumont Canyon Drive.
PDC 99-05-039
Documents Filed: Proof of
publication of the title of Ordinance No. 25927 executed on August 10, 1999,
submitted by the City Clerk.
Discussion/Action: Ordinance
No. 25927 was adopted. Vote: 11-0-0-0.
6b(6) ORD. NO. 25928 – Rezones certain
real property situated on the east side of South First Street across from
Edwards Avenue (960 South First Street)
Documents Filed: Proof of
publication of the title of Ordinance No. 25928 executed on August 10, 1999,
submitted by the City Clerk.
Discussion/Action: Ordinance
No. 25928 was adopted. Vote: 11-0-0-0.
6b(7) ORD. NO. 25929 – Rezones certain
real property situated on the south side of Madden Avenue, 700 feet easterly of
Jackson Avenue.
C 98-12-103
Documents Filed: Proof of
publication of the title of Ordinance No. 25929 executed on August 10, 1999,
submitted by the City Clerk.
Discussion/Action: Ordinance
No. 25929 was adopted. Vote: 11-0-0-0.
Public
Hearings Set by Council
6c(1) Adoption of a resolution initiating
proceedings and setting a date for Council consideration of the reorganization
of territory designated as Buena Vista No. 1 which involves the annexation to
the City of San José of 38.0 acres of land, bounded by West San Carlos Avenue,
Scott Street, Chiechi Avenue, Meridian Avenue, and both sides of Buena Vista Avenue
and the detachment of the same from the Sunol Sanitary District, Burbank
Sanitary District, County Lighting District, and Central Fire District. CEQA:
Resolution No. 65459.
(Planning,
Building and Code Enforcement)
[Deferred from
8/3/99 – Item 6c(1)]
Documents Filed: None.
Discussion/Action: This item
was deferred to October 1, 1999.
6c(2) Adoption of a resolution of intention to:
(a) Vacate West Old Julian
Street between Pleasant Street and Highway 87 and Pleasant Street between
Bassett Street and West Julian Street.
(b) Vacate a portion of a public utility
easement on the west side of Route 87 between West Old Julian Street and West
Julian Street.
(c) Reserve a public utility easement
over both areas, and set a public hearing on September 7, 1999 at 7:00 p.m.
CEQA: Resolution No. 60198.
(Public
Works)
Documents Filed:
Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated July 29,
1999, recommending Council adopt said resolution of intention.
Discussion/Action:
Resolution No. 69065, entitled: “A Resolution of the Council of the City of San
José Approving Certain Maps Showing Those Portions of West Julian Street and
Pleasant Street and That Portion of a Public Utility Easement Which Said
Council Proposes to Vacate, Subject to the Reservation of a Certain Public
Utility Easement; Directing the City Clerk to File Said Maps in the Office of
the City Clerk; Describing Said Streets and Easements to be Reserved; 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 initiating proceedings and setting August 24, 1999 at 1:30
p.m. as the date for Council consideration of the reorganization of
territory designated as Evergreen No. 183 which involves the annexation to the
City of San José of 5.02 acres of land, located at the east side of San Felipe
Road, 1,500 feet southerly of The Villages Parkway and the detachment of the
same from the appropriate special districts including Central Fire Protection
District, and County Library Services. CEQA: ND.
(Planning,
Building and Code Enforcement)
(Rules Committee
referral 8/11/99)
Documents Filed:
Memorandum from Director of Planning, Building and Code Enforcement, James R.
Derryberry, dated August 9, 1999, recommending Council adopt said resolution.
Discussion/Action:
Resolution No. 69066 entitled: “A Resolution of the Council of the City of San
José Initiating Reorganization Proceedings for Annexation and Detachment of
Certain Uninhabited Territory Designated as Evergreen No. 183 and Described
Herein, and Setting the Date and Place for Council Consideration of Such
Reorganization”, was adopted. Vote: 11-0-0-0.
Plans
and Specifications
6d(1) TRACT NO. 9181 – Southwest corner
of Yerba Buena Road and Silver Creek Valley Road – Greenbriar Land Company
(Developer) – eight single family detached units. Adoption of resolutions
approving the plans, final map, contract, and water main extension agreement
for Tract No. 9181. CEQA: ND. District 8.
(Public
Works)
Documents Filed:
Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August
10, 1999, recommending Council adopt said resolutions for Tract No. 9181.
Discussion/Action: Resolution
No. 69067, 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. 9181”; Resolution No. 69068, entitled: “A Resolution of the Council of the
City of San José Approving and Accepting Final Map of Tract No. 9181”,
Resolution No. 69069, 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. 9181”; and Resolution No. 69070, 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. 9181”, were
adopted. Vote: 11-0-0-0.
6d(2) TRACT NO. 9182 – Southeast corner
of Yerba Buena Road and Silver Creek Valley Road – Greenbriar Land Company
(Developer) – two single family detached residential units. Adoption of a
resolution approving the final map for Tract No. 9182. CEQA: ND. District 8.
(Public Works)
Documents Filed: Memorandum
from Director of Public Works, Ralph A. Qualls, Jr., dated August 10, 1999,
recommending Council adopt said resolution for Tract No. 9182.
Discussion/Action: Resolution
No. 69071, entitled: “A Resolution of the Council of the City of San José
Approving and Accepting the Final Map of Tract No. 9182”, was adopted. Vote:
11-0-0-0.
Contracts/Agreements
6e(1) Report on bids and approval to reject all
bids for the South First Street Project – William to Reed. CEQA: Resolution No. 56466. (Public Works)
[Deferred
from 6/29/99 – Item 6e(68) and 8/3/99 – Item 6e(1)]
Documents Filed: (1)
Supplemental Memorandum from Director of Public Works, Ralph A. Qualls, Jr.,
dated August 3, 1999, recommending Council accept the report on bids and reject
all bids for said improvement project. (2) 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, Vanguard
Construction. (3) Memorandum from Director of Public Works, Ralph A. Qualls,
Jr., dated June 9, 1999, recommending Council accept the report on bids and
award said contract to the low bidder and approve a ten percent contingency.
Discussion/Action: The report
on bids was accepted and the recommendation to reject all bids, with the
Redevelopment Agency request not to rebid the project, was approved. Vote:
11-0-0-0.
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) and 8/3/99 – Item 6e(2)]
Documents Filed: Memorandum
from Director of Public Works, Ralph A. Qualls, Jr., dated June 9, 1999,
recommending Council adopt said resolution.
Discussion/Action: This item
was dropped.
6e(3) Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 1999-2000 # 5, and
authorization for the Director of General Services to execute the purchase
orders. (General Services)
Documents Filed: (1)
Memorandum from Director of General Services, Steve S. Yoshino, dated July 29,
1999, recommending Council approve said open purchase orders list, and
authorize the Director of General Services to execute the purchase orders. (2)
Supplemental report from San José/Santa Clara Water Pollution Control Plant,
Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated August 13,
1999, recommending approval of said purchase orders list.
Discussion/Action: The award
of open purchase orders List No. 5 for FY 1999-2000 was approved and execution
of the purchase orders authorized. Vote: 11-0-0-0.
6e(4) Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 1999-2000 # 6, 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 July 29, 1999,
recommending Council award 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. 6 was approved and execution of the purchase
orders authorized. Vote: 11-0-0-0.
6e(5) Approval of award of purchase of five (5)
cylinder heads to Cooper Cameron Corporation, Cooper Energy Services Division,
at a total cost of $106,941.30, including tax, as a sole source purchase and
authorization for the Director of General Services to execute the purchase
order. (General Services)
Documents Filed: (1)
Memorandum from Director of General Services, Steve S. Yoshino, dated July 29,
1999, recommending Council award said purchase to Cooper Cameron Corporation,
as a sole source purchase pursuant to Section 4.12.020.D of the San José
Municipal Code, and authorize the Director of General Services to execute the
purchase order. (2) Supplemental report from San José/Santa Clara Water
Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob
Livengood, dated August 13, 1999, recommending approval of said award, as a
sole source purchase.
Discussion/Action: William J.
Garbett spoke against the proposed action. The award of purchase to Cooper
Cameron Corporation, Cooper Energy Services Division, as a sole source
purchase, was approved and execution of the purchase order authorized Vote:
11-0-0-0.
6e(6) Adoption of a resolution authorizing the
City Manager to negotiate and execute a third amendment to the agreement with
Resource Development Associates (RDA) for resource development and data base
information system services for the Mayor’s Gang Prevention Task Force/B.E.S.T
Program, increasing the compensation by $50,000, for the period December 31,
1999 to August 31, 2000, in an amount not to exceed $165,000. (Parks,
Recreation and Neighborhood Services)
Documents Filed: Memorandum
from Director of Parks, Recreation and Neighborhood Services, Mark Linder,
dated July 29, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution
No. 69072, entitled: “A Resolution of the Council of the City of San José
Authorizing the City Manager to Negotiate and Execute a Third Amendment to the
Agreement With Resource Development Associates for Resource Development and
Data Base Information System Services, Increasing the Compensation by $50,000
for a Total Amount Not to Exceed $165,000 and Extending the Term From December
31, 1999 to August 31, 2000”, was adopted. Vote: 11-0-0-0.
6e(7) Adoption of a resolution approving a
two-year Memorandum of Agreement effective July 1, 1999 with the Municipal
Employees’ Federation, AFSCME Local 101 pertaining to wages, hours, and
conditions of employment.
(City
Manager’s Office)
(Orders of the Day
4a)
Documents Filed: Memorandum
from Employee Relations Manager, Mark Nelson, dated August 12, 1999
recommending Council adopt said resolution.
Discussion/Action: Resolution
No. 69073, 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 the
Municipal Employees Federation, AFSCME, Local 101, Units 5 & 7
(Administrative, Technical, Clerical & Custodial Employees); (2) Providing
for the Payment of Salary and Benefits Pursuant to the Memorandum of Agreement;
(3) and Providing That Any Conflict Between the Memorandum of Agreement and
Salary Resolution Numbers 51870, 51871, and 51872, the Memorandum of Agreement
Shall Prevail”, was adopted. Vote: 11-0-0-0.
6e(8) Adoption of a resolution authorizing the
City Manager to negotiate and execute agreements with the San José Conservation
Corps to provide graffiti eradication services for the period August 16, 1999
to August 15, 2000, in a total amount not to exceed $145,000. (Parks,
Recreation and Neighborhood Services)
(Rules/Agency
Rules Committee referral 8/11/99)
Documents Filed: Memorandum
from Director of Parks, Recreation and Neighborhood Services, Mark Linder,
dated August 11, 1999, providing a reason for the addendum and recommending
Council adopt said resolution.
Discussion/Action: Resolution
No. 69074, entitled: “A Resolution of the Council of the City of San José
Authorizing the City Manager to Negotiate and Execute Agreements With the San
José Conservation Corps to Provide Graffiti Eradication Services for the Term
of August 16, 1999 to August 15, 2000, in a Total Amount Not to Exceed
$145,000”, was adopted. Vote: 11-0-0-0.
Routine
Legislation
6f(1) Adoption of appropriation ordinance and
funding sources resolution amendments in the Services for Redevelopment Capital
Projects Fund, with a net impact to the Fund in the amount of $154,400. (City
Manager’s Office)
Documents Filed: Memorandum
from Budget Director, Larry D. Lisenbee, dated July 29, 1999, recommending
Council adopt said appropriation ordinance and funding sources resolution
amendments in the Services for Redevelopment Capital Projects Fund.
Discussion/Action: Ordinance
No. 25934, 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 Total Amount of $154,400 for Various Redevelopment
Projects; and Providing That This Ordinance Shall Become Effective Immediately
Upon Adoption”; and Resolution No. 69075, entitled “A Resolution of the Council
of the City of San José Amending Resolution No. 68980 Setting Forth the
Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in
the Services for Redevelopment Capital Projects Fund”, were adopted. Vote:
11-0-0-0.
6f(2) Approval of an ordinance amending Chapter
9.10 of the San José Municipal Code to:
(a) Allow the use of front-load bins for collection of
residential recyclables from multi-family properties (9.10.1060)
(b) Allow the use of waste oil filter bags and waste oil filter
collection boxes for the collection of residential waste oil and waste oil
filters from multi-family properties (9.10.1070).
(Environmental Services)
Documents Filed: Memorandum from
Director of Environmental Services, Carl W. Mosher, dated July 29, 1999,
recommending Council adopt said ordinance.
Discussion/Action: William J.
Garbett spoke against the proposed action. Ordinance No. 25935, entitled: “An
Ordinance of the City of San José Amending Sections 9.10.1060 and 9.10.1070 of
Chapter 9.10 of Title 9 of the San José Municipal Code to Permit the Use of
Recycling Bins at Multi-Family Premises and to Clarify the Types of Containers
Authorized for Collection of Waste Oil and Used Oil Filters”, was passed for
publication. Vote: 11-0-0-0.
6f(3) (a) Approval
of the appointments to the San José Beautiful Steering Committee of Lydia
Angulo and Barbara Robinson to two (2) year terms effective June 1999.
(b) Approval of reappointment of active Steering Committee
members: Cathy Keil, J.R. Orlando, Valerie Tench and Monica Yadegar to two (2)
year terms effective June 1999.
(Parks, Recreation and
Neighborhood Services)
Documents Filed: Memorandum
from Director of Parks, Recreation and Neighborhood Services, Mark Linder,
dated July 29, 1999, recommending Council approve the appointments to the San
José Beautiful Steering Committee and reappoints currently active Steering
Committee members.
Discussion/Action: The San
José Beautiful Steering Committee appointments of Lydia Angulo and Barbara
Robinson and the reappointment of active Steering Committee members Cathy Keil,
J.R. Orlando, Valerie Tench and Monica Yadegar, were approved. Vote: 11-0-0-0.
6f(4) Adoption of a resolution finding that the
use of CDBG funds for proactive code enforcement efforts in the residential
neighborhood of Edenvale bordered by Branham Lane, Highway 101, Roeder Road,
and Monterey Highway, is appropriate and necessary. (Planning, Building and
Code Enforcement)
Documents Filed: Memorandum
from Director of Planning, Building and Code Enforcement, James R. Derryberry,
dated August 3, 1999, recommending Council adopt said resolution.
Discussion/Action: William J.
Garbett spoke against the proposed action. Resolution No. 69076, entitled: “A
Resolution of the Council of the City of San José Determining That the Use of
CDBG Funds for Proactive Code Enforcement Efforts in the Residential
Neighborhood of Edenvale, Bordered by Branham Lane, Highway 101, Roeder Road
and Monterey Highway, is Appropriate and Necessary”, was adopted. Vote:
11-0-0-0.
6f(5) Adoption of a salary resolution amending
Resolution No. 51870 by amending Section 13 to increase the broad range for
classifications of Senior Deputy City Attorney (2153 and 2196) from eleven to
thirteen steps and making related technical amendments. (City Attorney’s
Office)
(Rules Committee referral
8/11/99)
Documents Filed: Memorandum
from City Attorney, Joan R. Gallo, dated August 12, 1999, recommending Council
adopt said resolution.
Discussion/Action: Resolution
No. 69077, entitled: “A Resolution of the Council of the City of San José
Amending Resolution No. 51870 by Amending Section 13 and the City of San José
Pay Plan to Increase the Broad Range for the Classifications of Senior Deputy
City Attorney (2153 and 2196) From Eleven to Thirteen Steps to Implement the
Authorized Supervising Deputy City Attorney Positions and to Clarify That the
Salary Step Ranges for the Classifications of Assistant City Attorney (2197 and
2154), Associate Deputy City Attorney (2199), Chief Trial Attorney (2198 and
2155), Deputy City Attorney, (2191, 2192, 2150 and 2151), Chief Deputy City
Attorney (2137 and 2138), Legal Services Administrator (2121 and 8013), Legal
Services Manager (2124 and 8012), Research Attorney (2116, 2117, 8018 and
8019), Senior Deputy City Attorney (2195 and 2152) and Senior Legal Analyst
(2127) Shall Continue to Consist of Eleven Salary Steps in the City of San José
Pay Plan”, was adopted. Vote: 11-0-0-0.
6f(6) Approval of an ordinance amending Chapter
3.36 of the San José Municipal Code to delete provisions in the Police and Fire
Department Retirement Plan relating to the termination of surviving spouse
benefits upon the remarriage of a current surviving spouse or the remarriage of
the spouse of a current retiree.
(City
Manager's Office)
(Rules Committee referral
8/11/99)
Documents Filed: Memorandum
from Acting City Manager, Debra J. Figone, dated August 10, 1999, recommending
Council approve said ordinance.
Discussion/Action: Ordinance
No. 25936, entitled: “An Ordinance of the City of San José amending Chapter
3.36 of Title 3 of the San José Municipal Code to Delete the Provisions of the
Police and Fire Department Retirement Plan Which Provide for Termination of
Surviving Spouse Benefits Upon the Remarriage of the Surviving Spouse With
Respect to Surviving Spouses of Members or Retirees Who Retired or Died Prior
to October 1, 1999”, was passed for publication. Vote: 11-0-0-0.
6f(7) Adoption of an urgency ordinance amending
Chapter 6.66 of the San José Municipal Code to prohibit persons who have had
their tow-car business permit or tow-car assistant’s permit revoked from
working for a tow-car business for a period of three years after the
revocation. (City Attorney’s Office)
(Rules Committee referral
8/11/99)
Documents Filed: Memorandum
from City Attorney, Joan R. Gallo, dated August 12, 1999, recommending Council
adopt said urgency ordinance.
Discussion/Action: William J.
Garbett spoke against the proposed action. Urgency Ordinance No. 25937,
entitled: “An Urgency Ordinance of the City of San José Amending Chapter 6.66
of Title 6 of the San José Municipal Code by Adding a New Section 6.66.225 to
Prohibit Persons Who Have Had Their Tow-Car Business Permit or Tow-Car Business
Assistant Permit Revoked From Working for a Tow Car Business for a Period of
Three Years After the Revocation and Setting Forth the Facts Constituting Such
Urgency”, was adopted. Vote: 11-0-0-0.
6f(8) Adoption
of a resolution declaring a parcel of City-owned land located at the
southeasterly corner of Santa Clara Street and Autumn Street surplus to the
needs of the City, authorizing the Director of Public Works to execute an
agreement for its sale to Toeniskoetter & Breeding, Inc., the adjoining property
owner, in the amount of $2,500 and all other documents necessary to complete
the transaction. CEQA: Exempt. (Public Works)
(Rules/Agency Rules Committee
referral 8/11/99)
Documents Filed: Memorandum
from Director of Public Works, Ralph A. Qualls, Jr., dated August 10, 1999,
providing the reason for the addendum and recommending Council adopt said
resolution.
Discussion/Action: Resolution
No. 69078, entitled: “A Resolution of the Council of the City of San José
Declaring Property at the Southeasterly Corner of Santa Clara and Autumn
Streets in San José, Surplus to the Needs of the City and Authorizing the
Director of Public Works to Negotiate and Execute An Agreement For Sale of Said
Property to Toeniskoetter & Breeding and All Other Documents Necessary to
Complete the Transaction”, was adopted. Vote: 11-0-0-0.
COMMISSION,
COMMITTEE, AND STANDING REPORTS
7b Report of the Rules/Agency Rules
Committee – Meeting of August 4, 1999
Vice Mayor Fiscalini, Chair
Documents Filed: Rules
Committee Report of August 4, 1999.
(1) Redevelopment
Agency Agenda
(a) Review August 17, 1999 Agenda
There was no Agency Board meeting
scheduled for August 17, 1999.
(b) Add New Items to August 10, 1999
Amended Agenda
There
were no additions to the Agency Board Agenda for August 10, 1999.
(2)
City Council Agenda
(a) Review August 17, 1999 Agenda
The Committee approved the August
17, 1999 City Council Agenda.
(b) Add
New Items to August 10, 1999 Amended Agenda
The Committee recommended three
additions to the August 10, 1999 City Council Agenda.
(c) Meeting
Schedules. Attachment: Memorandum from Council Liaison, Norberto L. Dueñas,
dated August 3, 1999, recommending approval of the proposed dates and topics
for Committee of the Whole meetings.
The Committee recommended approval of
the following Committee of the Whole meetings:
¨
August 17, 1999 Citywide
Classification-Compensation Study
¨
August 24, 1999 Workforce
Investment Act (WIA)
(d) The
Public Record. Attachments: (1) Memorandum from City Clerk, Patricia L.
O’Hearn, dated July 29, 1999, listing the items transmitted to the
Administration and the items filed for the Public Record for the period June
16-July 27, 1999. (2) Memorandum from Council Liaison, Norberto L. Dueñas,
dated August 4, 1999, noting disposition of the actions taken on items
transmitted to the Administration and the items filed for the Public Record for
the period June 16-July 27, 1999.
The Committee noted and filed the
Public Record for the period June 16 – July 27, 1999.
(e) Boards and Commissions. Attachments:
(1) Memorandum from City Clerk, Patricia L. O’Hearn, dated July 30, 1999,
attaching lists of qualified applicants submitted by the Project Diversity
Screening Committee for the CDBG Steering Committee. (2) Memorandum from City
Clerk, Patricia L. O’Hearn, dated July 30, 1999, attaching lists of qualified
applicants submitted by the Project Diversity Screening Committee for the
Disadvantaged Business Development Commission.
The Committee directed the City Clerk to
conduct a blind drawing for those commissions with more than one vacancy and
varying team ending dates, with the results of the draw noted in the rules
Committee Report. The Committee recommended the following appointments:
(1) CDBG Steering Committee
The Committee recommended three
appointments to unexpired terms ending June 30, 2003: Lisa Jensen, representing
District 3; Alexandrina Esparza, representing District 6; and Rodolfo Nasol,
City-Wide representative. The Committee also appointed Rosa Campos,
representing District 5, to an unexpired term ending June 30, 2002; and
directed the City Clerk to continue to the August 11, 1999 Rules Committee
meeting the appointment of a second City-Wide representative.
(2) Disadvantaged Business Development
Commission
The Committee recommended appointment of
Robert LaMere to an unexpired term ending December 31, 2001; and Gerald Grudzen
to an unexpired term ending December 31, 2002. The Committee also deferred
appointments to the remaining four “designated positions” to allow further
applicants to apply and meet the criteria set forth as a designated member.
(f)
Request to use Council General Funds to attend LCC
Transportation, Communications & Public Works Policy Committee meeting in
Ontario, CA, August 27, 1999. Attachments: (1) Memorandum from Council Member
LeZotte, dated July 23, 1999, submitting authorization for travel to Ontario,
CA, for the purpose of attending the LCC Transportation, Communications &
Public Works Policy Committee meeting. (2) Memorandum from City Clerk, Patricia
L. O’Hearn, dated July 28, 1999, complying with Council Policy 9-5 regarding
requests to use Council General Funds for said travel expenditures.
The Committee recommended approval of
Council Member LeZotte’s use of Council General funds to attend the League of
California Cities Transportation, Communications and Public Works Policy
Committee Meeting in Ontario, California, August 27, 1999.
(g) Approval
of proposed League of California Cities resolution supporting reauthorization
of the Older Americans Act for forwarding to the League of California Cities to
be adopted at the annual conference.
Council heard this item on August
10, 1999.
(h) Council
Referrals for Assignment to Appropriate Committee, Administration, or Council
Appointee
None Presented.
(i) Oral
communications
None Presented.
(j) Adjournment
The meeting was adjourned at 2:05
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 August 4, 1999 were
accepted. Vote: 11-0-0-0.
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
and 8/3/99 – Item 9a)
Documents Filed: None.
Discussion/Action: This item
was deferred to August 31, 1999.
9b Approval of an agreement with Charles
M. Salter Associates, Inc. for acoustical testing services for dwellings in the
Category II and III Eligibility Areas of the Airport Noise Attenuation Program
for the period August 24, 1999 to June 30, 2000, in an amount not to exceed
$1,500,000. CEQA: Resolution No. 67380.
(Airport)
Documents Filed: Memorandum
from Director of Aviation, Ralph G. Tonseth, dated July 29, 1999, recommending
Council approve said agreement with Charles M. Salter Associates, Inc.
Discussion/Action: Upon motion
by Council Member Chavez, seconded by Vice Mayor Fiscalini and unanimously
carried, the agreement with Charles M. Salter Associates, Inc., was approved
and execution of the agreement authorized. Vote:
11-0-0-0.
9c Adoption of a resolution authorizing
the Director of General Services to increase the total authorized expenditure
for the purchase of IBM compatible microcomputer hardware, software, and
peripherals with Inacom, Inc. and Computerland of Almaden, in an amount not to
exceed $500,000, for a total amount of $8,700,000. (General Services)
Documents Filed: Memorandum from
Director of General Services, Steve S. Yoshino, dated July 29, 1999,
recommending Council adopt said resolution.
Discussion/Action: In response
to Council Member Dando’s inquiry regarding cost overruns and the mechanisms
which prevent recurrences, Deputy Director of General Services, Fran B. McVey
stated the approved contracts with the vendors, pending the procurement RFP
process completion, required systematic reporting to Purchasing, which has
enabled Purchasing to closely monitor expenditures and request additional
funding in a timely manner. He stated one of the vendors failed to comply with
those provisions, thereby, exceeding the intended cutoff by $500,000. To
prevent reoccurrence of the problem, he stated the Purchasing Division would
require each vendor to submit monthly reports indicating the total dollar
volume of orders received. William J. Garbett spoke against the proposed
action. Mayor Gonzales asked that Staff develop a method of monitoring all
on-line expenditures. Upon motion by Vice Mayor Fiscalini, seconded by Council
Member Powers and unanimously carried, Resolution No. 69079, entitled: “A
Resolution of the Council of the City of San José Increasing the Authority of
the Director of General Services to Make Purchases From Inacom and Computerland
of Almaden to Eight Million Seven Hundred Thousand Dollars ($8,700,000) for the
Remainder of Term”, was adopted. Vote: 11-0-0-0.
9d Adoption of a resolution authorizing
the City Manager to negotiate and execute an agreement with the Community Foundation
Silicon Valley to disburse Community Action and Pride (CAP) Grants for the
period July 1, 1999 to June 30, 2001, in the amount appropriated by the City
Council for a fee not to exceed $16,000 per each year of the term. (Parks,
Recreation and Neighborhood Services)
Documents Filed: Memorandum
from Director of Parks, Recreation and Neighborhood Services, Mark Linder,
dated July 29, 1999, recommending Council adopt said resolution.
Discussion/Action: Upon motion
by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr., and
unanimously carried, Resolution No. 69080, entitled: “A Resolution of the
Council of the City of San José Delegating to the City Manager the Authority to
Negotiate and Execute a Two Year Agreement With the Community Foundation
Silicon Valley to Disburse the Community Action and Pride Grant Program for a
Fee Not to Exceed $16,000 Per Each Year of the Term”, was adopted. Vote:
11-0-0-0.
9e Approval
of a cost sharing agreement with Santa Clara Valley Water District for their
contribution towards the replacement of Taylor Street Bridge over Guadalupe
River in the amount of $2,718,000. (Public Works)
Documents Filed: None.
Discussion/Action: This item
was deferred to August 24, 1999.
9f Approval of the formation and scope
of the Civic Center Plaza Parking & Traffic Committee. (Public Works)
(Rules/Agency Rules Committee
referral 8/11/99)
Documents Filed: Memorandum
from Director of Public Works, Ralph A. Qualls, Jr., dated August 10, 1999,
specifying the reason for the addendum and recommending Council approve the
formation and scope of the Civic Plaza Parking and Traffic Committee.
Discussion/Action: Upon motion
by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously
carried, the formation and scope of the Civic Center Plaza Parking &
Traffic Committee were approved. Vote: 11-0-0-0.
ORAL COMMUNICATIONS
Ross Signorino and Ted Scarlett
addressed Council on unprofessional behavior of San José law enforcement
officers.
RECESS/RECONVENE
Following Oral Communications,
Council recessed at 2:06 p.m. and reconvened at 7:00 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.
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
Powers and unanimously carried, the below noted continuances and other actions
were granted. Vote: 11-0-0-0.
PUBLIC
HEARINGS
15b 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 8/3/99 – Item 15d)
Documents Filed: None.
Discussion/Action: This item
was continued to October 5, 1999.
15c 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 and 8/3/99 – Item 15f)
Documents Filed: None.
Discussion/Action: Mayor
Gonzales opened the public hearing on the planned development prezoning of the
subject property. Director of Planning, Building and Code Enforcement, James R.
Derryberry presented background information on the Planning Commission
recommendation for denial of the proposed project, and the Planning Staff’s
concurrence with that recommendation predicated on project density. He
recommended Council deny the proposal and require a lower residential density
project compatible with the existing neighborhood. Project representatives Hank
Young of MacKay & Somps, Jim Sullivan of Braddock & Logan, and Jess
Alvarez spoke in behalf of the proposal. Laurie Stark and Ray C. Gallagher
spoke in opposition to the proposed development. Frank Palermo spoke in support
of the proposal for 69 single-family units and in opposition to the higher
density development. Noting the speakers’ comments regarding project density,
Council Member Diaz recommended Council approve construction of the 69
single-family residential units as proposed by the applicant and defer any
other action for one week to allow for the review of the General Plan text
amendments for the property location. Mayor Gonzales opposed the project as
proposed by the applicant and requested Council’s approval to continue the
public hearing on this item to August 24, 1999, to allow Council Member Diaz’
Office and the Mayor’s Staff an opportunity for further discussion with the
developer regarding various policy issues. Noting the growth in San José and
stressing the importance of rail transit networks for transportation needs, the
Mayor proposed Staff develop a plan for residential intensification through a
study of all transit corridors, in order to maximize the housing potential in
all transit corridors. Emphasizing the importance for Staff to make clear the
intent of the City to ensure intensification in appropriate places, he
requested General Plan text changes in the 1999 General Plan Annual Review that
would clarify intensification issues along transportation corridors and make
the changes prominent in several sections of the General Plan. Council Member
Dando and Vice Mayor Fiscalini stated all intensification corridors should be
reviewed to ensure compatibility with light rail transit networks in order to
minimize potential impacts to existing single-family neighborhoods; that the
intent and process of intensification should be defined more clearly and key
provisions reinforced; and that inconsistencies to the City’s dispersion policy
should be addressed prior to taking any action toward residential development
in those areas. By unanimous consent, this item was continued to August 24,
1999. Vote: 11-0-0-0.
15d PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the northwest corner of Almaden Expressway
and Rajkovich Way, from A(PD) Planned Development Zoning District to A(PD)
Planned Development Zoning District, to allow six single-family detached
residences on 0.82 gross acre (Robert Longinetti, Owner/Developer). CEQA:
Negative Declaration.
PDC 98-11-086
- District 10
Documents Filed: None.
Discussion/Action: This item
was continued to September 7, 1999.
15e PUBLIC HEARING ON CONFORMING REZONING
of the property located at the east side of South First Street, approximately
110 feet northerly of Goodyear Street (1037 South First Street), from M-1
Manufacturing Zoning District to C-2 Commercial Zoning District, to allow a
hotel on 0.33 gross acre (Vinod Patel, Owner; Sharad Lal, Developer). CEQA:
Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends
approval. No Planning Commission action required.
C 99-06-047
- District 3
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C99-06-047 dated July 26, 1999, recommending approval of the proposed Conforming Rezoning to C-2 Commercial. (2) Public Hearing