MINUTES OF THE CITY COUNCIL
TUESDAY, AUGUST 24, 1999
The Council of the City of San Jose convened in regular session at 9:30 a.m. in City 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, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In the Matter of Heritage Cablevision of San José dba TCI Cablevision of California; and to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation.
By unanimous consent, Council reconvened from the Closed Session, recessed at 10:35 A.M., and reconvened at 1:32 p.m. in the Council Chambers.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - None.
INVOCATION
Marcus Sharpe, Mitchell Sharpe, Jamal Kimball, and
Isaiah Warren singing, “I Don’t Want No
Guppies.”
(District 7)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Presentation of commendation and award honoring the Outstanding Employee for August 1999 to Russell Hayden, Fire Inspector, Fire Department. (City Manager’s Office)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined by Acting City Manager Debra Figone, who called to the podium Deputy Fire Chief Lacy Atkinson for presentation of a commendation and award to Fire Inspector Russell Hayden as Outstanding Employee for August 1999.
5b Greeting of soccer players and coaches from our Sister City of Okayama, Japan and presentation of letter from the newly-elected Mayor of Okayama, Japan to the Mayor and City Council. (Mayor)
(Rules Committee referral 8/18/99)
Documents filed: None.
Discussion/Action: Mayor Gonzales introduced Dennis King, President of Pacific Neighbors, Inc. and Vice President Kazuko Miura, head of the San José to Okayama Sister City Committee, to introduce Tetsuya Takeuchi, Director of the Japan-US Friendship Soccer Organization, who presented to Mayor Gonzales a letter from the newly-elected Mayor of Okayama, Japan. Mayor Gonzales welcomed the 33 members of the Okayama City Youth Soccer Organization, their coaches, and director, who are in San José to play in the International Youth Soccer Jamboree.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.
Minutes for Approval
6a(1) Regular Meeting of June 15, 1999
Documents filed: Minutes of June 15, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
Ordinances for Final Adoption
6b(1) ORD. NO. 25933 – Establishes an Underground Utility District at Almaden Road from Alma Avenue to 1000 feet south.
Documents filed: Proof of publication of title of Ordinance No. 25933 submitted by the City Clerk’s Office.
Discussion/Action: Ordinance No. 25933 was adopted. Vote: 11-0-0-0.
Contracts/Agreements
6e(1) Adoption of a resolution authorizing the Director of Aviation to:
(a) Exercise the third one-year option of the Terminal A Taxicab Concession Agreement with Yellow Checker Cab Company, Inc., extending the term from October 1, 1999 to September 30, 2000.
(b) Exercise the third one-year option of the Terminal C Taxicab Concession Agreement with United Taxicab Corporation, extending the term from October 1, 1999 to September 30, 2000.
CEQA: Resolution No. 67380. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated August 5, 1999, recommending adoption of said resolution.
Discussion/Action: Ron Lind, United Food and Commercial Workers Local 425, addressed Council on the lack of a means to address the concerns of airport cab drivers and requested Council’s assistance. Mayor Gonzales directed the City Attorney and the City Manager to review the problem and seek a resolution. Council Member LeZotte asked for a review of the feasibility of using zone fares for report back to the Transportation and Environment Committee. Resolution No. 69082, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Aviation to Exercise the Third One-Year Option of the Terminal A Taxicab Concession Agreement with Yellow Checker Cab Company, Inc. and to Exercise the Third One-Year Option of the Terminal C Taxicab Concession Agreement with United Taxicab Corporation”, was adopted. Vote: 11-0-0-0.
6e(2) Adoption of a resolution authorizing the City Manager to negotiate and execute:
(a) A Commercial Air Cargo Operating Agreement and License with Emery Worldwide Airlines, Inc., for a five (5) year term, for the period September 1, 1999 to August 31, 2004, with estimated annual revenue to the City of approximately $130,000.
(b) A Ground Lease for trailer space with Emery Worldwide Airlines, Inc. for a five (5) year term, for the period September 1, 1999 to August 31, 2004, with estimated annual revenue to the City in the amount of $4,800.
CEQA: Resolution No. 67380. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated August 5, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69083, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Commercial Air Cargo Operating Agreement and License and a Ground Lease with Emery Worldwide Airlines, Inc.”, was adopted. Vote: 11-0-0-0.
6e(3) Adoption of a resolution authorizing the City Manager to negotiate and execute grant agreements with:
(a) Martin Hernandez to create a permanent public artwork for the right-of-way traffic island at West Alma Avenue and Almaden Avenue, in a matching amount not to exceed $15,000.
(b) Paulette Peterson to create two (2) temporary site-specific public art installations at Yerba Buena and Leigh High Schools, in an amount not to exceed $7,000.
(c) San José State University Foundation, on behalf of the Community Outreach Partnership Center, to create a permanent public art mural for the San José Academy High School, in an amount not to exceed $15,000.
CEQA: Exempt. (Conventions, Arts and Entertainment)
Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated August 5, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69084, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Grant Agreements for the Martin Hernandez, Paulette Peterson and San José State Foundation for Public Art Projects”, was adopted. Vote: 11-0-0-0.
6e(4) Approval of a first amendment to the agreement with San José State University Foundation for environmental research projects in the categories of solid waste management, environmental enhancement, and wastewater operations, to revise the scope of work, schedule of performance, and compensation scale at no additional cost to the City. (Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated August 5, 1999, recommending approval of a first amendment to said agreement with San José State University Foundation. (2) Letter from the Treatment Plant Advisory Committee dated August 13, 1999, stating concurrence with the Staff recommendation.
Discussion/Action: The First Amendment to said Agreement with San José State University Foundation was approved and its execution authorized. Vote: 11-0-0-0.
6e(5) Approval of a first amendment to the agreement with Orloff/Williams & Company for advertising and public outreach services for South Bay Water Recycling, increasing the amount by $75,000, from $75,000 to $150,000, and extending the term by 12 months, from August 31, 1999 to August 30, 2000. (Environmental Services)
Documents filed: None.
Discussion/Action: This item was deferred to August 31, 1999.
6e(6) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 # 7, 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 August 5, 1999, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List No. 7 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.
6e(7) Report on bids and approval to reject all bids for the McLaughlin Park Phase 2 Project and authorization for the Director of Public works to re-advertise and re-bid the project. CEQA: ND. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 5, 1999, recommending approval to reject all bids and authorization for the Director of Public works to re-advertise and re-bid said project.
Discussion/Action: The rejection of all bids and authorization for the Director of Public Works to re-bid said project was approved. Vote: 11-0-0-0.
Routine Legislation
6f(1) Approval of a compliance plan required under AB1482 (Alquist) to be implemented during Fiscal 1999-00 in order to meet the longer holding periods for animals in shelters under SB1785 (Hayden), effective on July 1, 2000. (City Manager’s Office)
Documents filed: Memorandum from Deputy City Manager, Kay Winer, dated August 5, 1999, recommending approval of said compliance plan required under AB1482.
Discussion/Action: The compliance plan required under AB1482 for implementation during Fiscal Year 1999-00 to meet the requirements of SB1785 was approved. Vote: 11-0-0-0.
6f(2) Acceptance of the Second Quarter 1999 San José Arena Authority Ticket Distribution Program Report. (San José Arena Authority)
Documents filed: Memorandum from the San José Arena Authority, dated August 24, 1999, transmitting the Second Quarter 1999 Ticket Distribution Program Report.
Discussion/Action: The Second Quarter 1999 San José Arena Authority Ticket Distribution Program Report was accepted. Vote: 11-0-0-0.
6f(3) Adoption of a resolution authorizing 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: Negative Declaration. (Planning, Building, and Code Enforcement)
Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated August 23, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69085, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Evergreen No. 183 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0.
6f(4) Approval of Council Member Charlotte Powers’ travel to San Diego, California, August 21-23, 1999, to attend the American Society Association of Executives Conference. Funding: San José Convention and Visitors Bureau. (Powers)
(Rules Committee referral 8/18/99)
Documents filed: None.
Discussion/Action: The travel of Council Member Powers to San Diego, California, on August 21-23, 1999 was approved. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee – August 11, 1999
Vice Mayor Fiscalini, Chair
Documents filed: Rules Committee Report of August 11, 1999.
(1) Review of August 24, 1999 Council Agenda
The Committee approved the August 24, 1999 agenda.
(2) Add New Items to August 17, 1999 Amended Council Agenda
The Committee recommended seven additions to the August 17, 1999 agenda.
(3) Meeting schedules
There were none.
(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated August 5, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period July 28 – August 3, 1999.
The Committee noted and filed the Public Record.
(5) Boards and Commissions
(a) CDBG Steering Committee. Attachment: (1) Memoranda from Council Members Shirakawa, Jr., and from Council Member Woody, dated August 10, 1999, recommending Carolyn Spears for appointment to the CDBG Steering Committee.
The Committee recommended appointment of Carolyn Spears as the Citywide representative to an unexpired term ending June 30, 2003.
(6) Employee Election Procedure – Recommended technical changes and updates. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated August 5, 1999, recommending updates to the Employee Election Procedure.
The Committee recommended approval of the technical changes and updates to the Employee Election Procedure.
(7) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(8) Oral communications
There were none.
(9) Adjournment
The meeting was adjourned at 2:05 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee Report and Actions of August 11, 1999 were accepted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
7c Report of the Finance and Technology Committee – August 11, 1999
Documents filed: Finance and Technology Committee minutes of August 11, 1999.
(1) Monthly Investment Report for May 1999. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated June 28, 1999, transmitting the May 1999 Investment Report.
(2) Monthly Investment Report for June 1999. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated July 27, 1999, transmitting the June 1999 Investment Report.
The Committee accepted the May and June 1999 Investment Reports.
(3) Cable Franchise Renewal Process. Attachment: Memorandum from Deputy City Manager, Kay Winer, dated June 11, 1999, submitting said report.
The Committee accepted the Status Report with direction that Staff provides an Informational Report that includes general information on key findings from the Needs Assessment Process and that the next report includes a list of things that other cities have succeeded in getting through franchise renewal negotiations.
(4) Finance and Technology Committee Workplan for August through December 1999. Attachment: Proposed Workplan for August – December 1999.
The Committee accepted the Workplan with the changes noted.
(5) Review of the Contract between the City and Municipal Resource Consultant. Attachment: Memorandum from City Auditor Gerald A. Silva and Finance Director John Guthrie, dated July 30, 1999, reviewing the City’s contract with the Municipal Resource Consultant.
The Committee deferred this item to the August 25, 1999 Finance and Technology Committee meeting.
(6) Discussion of proposed Auditor Workplan Items.
(a) Fire Department Staffing Attachment: Memorandum from Acting Fire Chief William Staples, dated August 2, 1999, recommending a course of action regarding the proposed audit of Fire Department Staffing.
(b) Department of Public Works Real Estate Division. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 4, 1999, recommending a course of action regarding the proposed audit of the Department of Public Works Real Estate Division.
The Committee recommended the audit of Fire Department Staffing and the audit of the Real Estate Division be conducted, with one no vote on audit of the Real Estate Division; the Redevelopment Agency Operating Expenditures audit will be placed on the August 25, 1999 agenda for further discussion if it is determined that no action had been taken on this item at the June 23, 1999 meeting.
(7) Oral petitions
There were none.
(8) Adjournment
The meeting was adjourned at 11:00 p.m.
Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member Fiscalini and unanimously carried, the Finance and Technology Committee Report and Actions of August 11, 1999 were accepted. Vote: 11-0-0-0.
7d Report of the Economic and Community Development Committee – August 9, 1999 Council Member Diaz, Chair
Documents filed: Economic and Community Development Committee Report of August 9, 1999.
(1) Quarterly report on the Project Development Program. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated July 30, 1999, transmitting said report.
The Committee accepted the report.
(2) Quarterly report on the Housing Rehabilitation Program. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated July 10, 1999, transmitting said report.
The Committee accepted the report.
(3) Quarterly report on the Housing and Homeless Fund. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated July 22, 1999, transmitting said report.
The Committee accepted the report.
(4) Status Report on Arts 20/21 Implementation Plan. Attachment: (1) Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated July 26, 1999, transmitting the report, entitled: 20/21, a Regional Cultural Plan for the New Millennium. (2) Report entitled: Arts on Site San José: Program Overview and Sponsor Workbook.
The Committee accepted the report.
(5) Status Report on Fallon Statue. Attachment: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated July 26, 1999, recommending City Staff be directed to coordinate with Agency Staff to prepare final cost estimates and potential funding sources for the siting of the Fallon Statue in the traffic island adjacent to Pellier park and report back to the Committee.
The Committee recommended that siting of the Fallon Statue be referred to the Arts Commission for further discussion and a report from CAE should come back to the Economic and Community Development Committee in December.
(6) Recommendation on the Convention Center Large Dance Policy. Attachment: Memorandum from Jim McBride, Acting Director of the Department of Conventions, Arts and Entertainment, dated July 26, 1999, recommending approval of a lottery system as the method for awarding dates in the permanent Large Dance Policy for the San José McEnery Convention Center.
The Committee recommended acceptance of the Staff recommendation.
See Item 9a for Council action taken.
(7) Revised Committee Workplan for September – December 1999. Attachment: Proposed Workplan for September – December 1999.
The Committee accepted the revised Workplan with changes noted.
(8) Oral petitions
There were none.
(9) Adjournment
The meeting was adjourned at 3:40 p.m.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Powers, and unanimously carried, the Economic and Community Development Committee Report and Actions of August 9, 1999, were accepted. Vote: 11-0-0-0.
7e Report of the Transportation and Environment Committee – August 12, 1999
Council Member Powers, Chair
Documents filed: Transportation and Environment Committee Report of August 12, 1999.
(1) Consent Calendar.
(a) ACT Program Citizen Feedback and Methods of Communication Attachment: Memorandum from Aviation Director Ralph G. Tonseth, dated August 3, 1999, transmitting said report.
(b) South Bay Water Recycling Second Quarter Report. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated July 29, 1999, transmitting said report.
The Committee accepted the reports.
(2) Report on Route 87 Freeway Project. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated July 29, 1999, transmitting said report.
The Committee accepted the report.
The Director of Public Works reported on the planned closure of Highway 87 from September 17 through September 19,, 1999 by Caltrans; Staff was directed to provide the Mayor and Council Offices with maps of the proposed detour of traffic.
(3) Report on California High Speed Rail. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated July 29, 1999, transmitting said report.
The Committee accepted the report.
(4) Oral petitions
There were none.
(5) Adjournment
The meeting was adjourned at 2:30 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member LeZotte, and unanimously carried, the Transportation and Environment Committee Report and Actions of August 12, 1999, were accepted. Vote: 11-0-0-0.
LAND USE AND DEVELOPMENT
8a PUBLIC HEARING on the designation of the property located at 516 Martha Street as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature. CEQA: Exempt. (Planning, Building, and Code Enforcement)
Documents filed: None.
Discussion/Action: This item was continued to September 21, 1999.
8b PUBLIC HEARING ON STREET RENAMING of Chilanian Lane to Almaden Oaks Lane located south of the intersection of Chilanian Lane and Tiffany Canyon Court. CEQA: Exempt. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recommends approval (7-0-0). (Planning, Building, and Code Enforcement)
District 10
Documents filed: Memorandum from the Planning Commission, dated August 13, 1999, recommending adoption of said resolution.
Discussion/Action: The Mayor opened the Public Hearing, there was no public testimony. Upon motion by Council Member Dando, seconded by Vice Mayor Fiscalini, and unanimously carried, the Public Hearing was closed, and Resolution No. 69086, entitled: “Resolution of the Council of the City of San José Recommending the Street Renaming of Chilanian Lane to Almaden Oaks Lane Located South of the Intersection of Chilanian Lane and Tiffany Canyon Court”, was adopted. Vote: 11-0-0-0.
8c 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 et al., and 8/17/99 – Item 15c)
Documents filed: (1) Memorandum from the Planning Commission, dated July 19, 1999, recommending that the City Council adopt a resolution to deny the subject prezoning. (2) Memorandum from Council Member Diaz, dated August 16, 1999, recommending Council support the Zoria Farms project of 69 single-family detached residential units as proposed by applicant Braddock and Logan. (3) Memorandum from Mayor Gonzales and Council Member Diaz, dated August 23, 1999, recommending Staff develop a plan for residential intensification through a study of all transit corridors, pursuant to the following direction: (a) Conduct a study of all transit corridors to identify sites suitable for higher density residential (minimum 20 dwelling units/acre), and prepare appropriate General Plan amendments for consideration in the FY2000 General Plan Annual Review; said study to address the potential impacts of new high-density housing on existing single-family neighborhoods and on areas that currently have an over-concentration of low-income housing as defined by the City’s dispersion policy, and coordinate the study with local school districts and other agencies as appropriate; (b) Make the following amendments to the text of the General Plan during the 1999 General Plan Annual Review: (i) Modify Medium High Density Residential (12-25 DU/AC) land use designation to indicate that lands within 2,000 feet of a planned or existing transit station should be developed at a minimum density of 20 DU/AC; (ii) Modify the Residential Land Use policies to include the minimum densities of 20 DU/AC as required for residential land uses within Intensification Corridors; and (iii) Modify the test of the Intensification Corridors Special Strategy Area to describe the intent and process of intensifications more clearly and to reinforce key provisions of the strategy; and (c) Initiate an Area Development Policy for all transit corridors to create a flexible traffic level of service policy change, which would allow intensive urban development to occur within transit corridors and avoid adverse traffic level of service impacts on local residential streets. (4) Letters dated August 20, 1999, from approximately 155 individuals in protest of the high-density zoning proposed by the Planning Commission and Planning Staff and supporting the project proposed by Zoria Farms.
Discussion/Action: The Public Hearing was continued from August 17, 1999, and no public testimony was presented. Council Member Diaz stated the proposed project will be good for the community and conforms to the General Plan land use designation which was approved in November of 1998. However, in order to improve traffic circulation and decrease traffic on Gay Avenue, he would like the middle cul-de-sac changed to open onto Capitol Avenue. He moved approval of the project proposed by the developer, with the direction to Staff to open up the middle cul-de-sac. Council Member Fiscalini seconded the motion. Public Works Director Qualls stated Staff has concerns with opening the cul-de-sac onto Capitol Avenue for several reasons; i.e., City policy typically would not allow that type of uncontrolled access onto a major arterial street, the access could conflict with the proposed Light Rail Station, the location of which is uncertain, and since the access would be opposite Mueller Avenue on the other side of Capitol, it would create an undesirable traffic condition. He stated if it is Council’s desire to make the access cut on Capitol Avenue, Staff would evaluate how to accomplish that, and noted that the cul-de-sac would have to be increased from a 48 foot street to 52 feet and that change would impact the development design. He stated for those reasons, Staff does not recommend opening the cul-de-sac. Council Member LeZotte stated she agrees with the Planning Commission and Planning Staff recommendation and will not support the motion. She stated the project represents a missed opportunity for higher density and although it conforms with the 12-25 DU/AC General Plan Land Use Designation, it doesn’t fit with the Intensification Corridor, and she would prefer a density of at least 20 DU/AC of for-sale housing at this location. Council Member Matthews stated she would support the motion because the developer proceeded on a premise that was directed by those on the Council in November 1998 when the General Plan Review was conducted and it would be unfair to change the rules at this point. She stated she does support the recommendations in the memorandum by the Mayor and Council Member Diaz to clarify and strengthen the Council’s commitment to high density in the future through the General Plan process. She stated she was not in support of opening the cul-de-sac onto Capitol because of potential traffic impacts, including conflicts when the Light Rail goes through the area; she stated she could support asking Staff to review the issue, but not with mandating the change at this time. Council Member Diaz stated his reason for wanting to open the cul-de-sac was concern about the long sound wall and to improve traffic circulation, but if it created other problems, he would drop the direction from his motion and would leave those issues up to Staff to address with the developer. Council Member Matthews stated there should be pedestrian access to the cul-de-sacs to encourage walking through the neighborhood and to the Light Rail. Council Member Woody stated she had similar concerns as her colleagues about opening the cul-de-sac, with pedestrian access, agrees with Council Member Diaz’s concerns about the long sound wall and requested Staff review means to address the sound wall, such as landscaping. She stated she could support the project but not opening the cul-de-sac. Mayor Gonzales clarified that Council Member Diaz's motion is for the cut-through if Staff considers it feasible, but if not, the motion is to proceed with the original plan. Council Member Powers stated the issue of the cut-through should be carefully evaluated, along with the long sound wall, and stressed the importance of pedestrian access. Mayor Gonzales stated he would have preferred a different direction than that given by the Council in November 1998, and he would not support the motion. He stated this was an opportunity to create more housing along transportation corridors and commented that perceptions about high density versus single-family homes do not always prove accurate in terms of quality of life, traffic and school impacts. He stated he has concerns about a cut-through street once the Light Rail comes through, and recommended using landscaping and sound wall materials, which have potential to avoid tagging. On a call for the question, Council Member Diaz’s motion to approve the Planned Development Prezoning proposed by the project developer and recommended in Council Member Diaz’s memorandum dated August 16, 1999, was approved, and Ordinance No. 25939, entitled: “Ordinance of the City of San José Prezoning Certain Real Property Situated at the East Side of Capitol Avenue, Between Riverrun Drive and Gay Avenue, was passed for publication. Vote: 9-2-0-0. Noes: LeZotte; Gonzales. Mayor Gonzales stated the memorandum dated August 23, 1999, which he and Council Member Diaz issued recommends actions to address the larger issue of densities on Intensification Corridors to guide the Council in similar situations in the future. Vice Mayor Fiscalini moved approval of the recommendations in the Mayor and Council Member Diaz’s memorandum. Council Member Diaz seconded the motion, and stated the purpose of the recommendations is to provide a more site-specific policy regarding the densities desired, and to create clear criteria as to the conditions of the neighborhoods and potential impacts from land use designations. Vice Mayor Fiscalini referenced language at the first bullet on the last page of the Mayor and Council Member Diaz’s memorandum and expressed concerns about building into the ordinance restrictions which may not be possible to meet in certain circumstances and which could effectively restrict future Council’s actions. Council Member Chavez expressed similar concerns about dealing with challenges in neighborhoods, such as in a Neighborhood Business District, which are not consistent with the proposed land use changes. Council Member Matthews stated more study is needed and her concern centers on the different types of communities along Capitol, which should retain their individual distinctives and not be treated as one large intensification corridor. She stated the policy should provide the ability to creatively develop a full and varied community while retaining the goal of maximizing housing along the corridor, and that she envisions a small downtown Berryessa as a possibility for future Councils. Council Member Woody agreed that the language needs to retain the ability to consider each community individually and take into consideration its unique needs and the need for open space. Council Member Dando concurred with the importance of community-based areas with the flexibility to address the needs of neighborhoods like open space, parks, libraries and public safety. Director of Planning, Building and Code Enforcement, Jim Derryberry, stated the recommendation of the Mayor and Council Member Diaz would direct Staff to study all transit corridors, which includes intensification corridors, and pointed out that there are limited development opportunities due to existing lower density pockets which will remain indefinitely. He stated commercial development, schools and varied development patterns which already exist will temper the application of the policy and limit development to in-fill opportunities. He stated the direction for Staff to identify sites that are suitable and without undue impacts on existing single-family neighborhoods is clear and would not constitute a mandate to develop higher densities at every site. Acting City Manager, Debra J. Figone stated if additional resources are needed to conduct the study, the Administration will so advise the Council. On a call for the question, the motion carried unanimously and the recommendations by Mayor Gonzales and Council Member Diaz dated August 23, 1999, for amendments to the General Plan were approved. Vote: 10-1-0-0. Noes. Chavez.
GENERAL GOVERNMENT
9a Adoption of a resolution approving a Large Dance Policy for the San José McEnery Convention Center.
[Economic and Community Development Committee referral 8/9/99 – Item 7d(6)]
Documents filed: See Item 7d(6) for the Staff Report filed with the Economic and Community Development Committee Report.
Discussion/Action Director of Department of Conventions, Arts and Entertainment, Nancy Johnson, presented the Staff recommendation. She stated an Interim Policy was adopted in February of 1999 to allow time to schedule upcoming event dates because consensus was not yet reached on a permanent policy and Staff subsequently reported to the Economic and Community Development Committee with final recommendations for a new policy. She presented the reasons for the revised policy and the options, which are identified in the Staff Report, and the policy, which the Administration is recommending. Felipe Valdivia, UPI Presents, Inc., expressed opposition to the attendance figure constituting adequate experience, suggested a second priority provision, and using outstanding debt as a negative criteria. William Garbett spoke in opposition to the proposed policy. Director Johnson responded to issues raised by the speakers. City Attorney Gallo stated the figures and approach used was based on revenue and experience, that it is important to have confidence that promoters can handle the financial and safety aspects of the events. She stated the issue of outstanding debt considerations is an issue that should be added to the policy, in a general approach. Council Member Diaz moved approval of the Staff recommendation, and direction to Staff to include the outstanding debt issue in the revised policy. Council Member Powers seconded the motion. On a call for the question, the motion carried unanimously, Staff was directed to include the outstanding debt of a promoter in the criteria, and Resolution No. 69087, entitled: “A Resolution of the Council of the City of San José Approving a Large Dance Policy for the San José McEnery Convention Center”, was adopted. Vote: 11-0-0-0.
9b (1) Approval of rescission of award of contract for the Sidewalk Repair Program to:
(a) CB Construction in the amount of $480,000.
(b) QML, Inc. in the amount of $480,000.
(2) Approval of award of contract for the Sidewalk Repair Program to:
(a) Willson Concrete in the amount of $300,000.
(b) CB Construction in the amount of $300,000.
(c) Valley Concrete in the amount of $300,000.
(d) Jim’s Concrete in the amount of $100,000.
(General Services)
Documents filed: None.
Discussion/Action: This item was deferred to August 31, 1999.
9c Adoption of a resolution:
(1) Approving business terms for an acquisition loan of up to $2,930,000 to ROEM Development Corporation, or its designated partnership, for the development of a 69-unit housing project affordable to very low-income seniors on a 1.55-acre site located on the west side of South Capitol Avenue, north of Lombard Avenue.
(2) Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.
(3) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.
(Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated August 19, 1999, recommending adoption of said resolution.
Discussion/Action: Referencing Page 4 of the Staff Report, Finance Director Sanchez stated Staff is requesting authority to purchase property and pay for predevelopment expenses, that final costs of the City subsidy will come forward after final financing is in place, that the permanent loan and financing structure for the project will occur after the State has provided the project with 9% tax credits. Upon motion by Council Member Diaz, seconded by Council Member Fiscalini, and unanimously carried, Resolution No. 69088, entitled: “A Resolution of the Council of the City of San José (i) Approving Business Terms for an Acquisition Loan of up to $2,930,000.00 to EAH, Inc. and ROEM Development Corporation, or Their Designated Partnership, for the Development of a 69-Unit Housing Project Affordable to Very Low-Income Seniors on a 1.55-Acre Site Located on the West Side of South Capitol Avenue, North of Lombard Avenue (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents on Behalf of the City, and (iii) Finding that the Use of 20% Housing Funds for the Subject Project is a Benefit to the Redevelopment Project Areas in San José”, was adopted. Vote: 11-0-0-0.
9d Interview applicants for appointment to the Campaign Finance Review and Ethics Board for an unexpired term ending February 29, 2000. (City Clerk)
(Deferred from 5/4/99 – Item 9a et al., and 6/1/99 – Item 9a)
Documents filed: None.
Discussion/Action:
This item was deferred to September 7, 1999.
9e Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement releasing the Santa Clara Valley Water District from any further obligations for the replacement of the Taylor Street Bridge in exchange for a one-time net payment of $2,717,966 and agreeing to initiate a final accounting of cost-sharing items associated with the first two (2) phases of the Guadalupe River Flood Control and Park Improvements. (Public Works)
(Deferred from 8/17/99 – Item 9e)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 19, 1999, recommending adoption of said resolution.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69089, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement Releasing the Santa Clara Valley Water District from any Further Obligations for the Replacement of the Taylor Street Bridge in Exchange for a One-Time Net Payment of $2,717,966 and Agreeing to Initiate a Final Accounting of Cost-Sharing Items Associated with the First Two Phases of the Guadalupe River Control Flood and Park Improvements”, was adopted. Vote: 11-0-0-0.
9f Approval of the City of San José Citywide Classification and Compensation Study.
(Committee of the Whole referral 8/17/99)
Documents filed: (1) Memorandum from Director of Human Resources, Nona Tobin, dated August 5, 1999, presenting results of the Classification and Compensation Study and recommending a Focus Framework for the City’s Classification and Compensation System. (2) Supplemental memorandum from Director of Human Resources, Nona Tobin, dated August 20, 1999, amending Page 3, Objective 1c and Page 4, Objective 3a of the Recommended Focus Framework for the City’s Classification and Compensation Study.
Discussion/Action: Director of Human Resources,
Nona Tobin, stated her Memorandum dated August 20, 1999, recommends two changes
to the Focus Framework recommendation dated August 5, 1999 which was presented to
Council at the August 24, 1999 Committee of the Whole meeting. Upon motion by
Vice Mayor Fiscalini, seconded by Council Member Diaz, and unanimously carried,
the Recommended Focus Framework for the
City’s Classification and Compensation System included as Attachment 4 of
the Staff Report dated August 5, 1999, as amended by the Supplemental Staff
Report dated August 20, 1999, was approved. Vote: 11-0-0-0.
ADJOURNMENT
The City of San José adjourned the meeting at 3:02
p.m. in memory of Albert S. Rodriguez, community leader.
The Council of the City of San José adjourned to a
Joint Council/Redevelopment Meeting immediately following the City Council
meeting.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK