The Council of the City of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 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 the City of San José v. Moitozo; and (B) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Alex Gurza, and the San José Police Officers’ Association and International Association of Firefighters Employee Organizations.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:36 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.
Herman Middle School Jazz Band, directed by Mrs. Nancy Farmer and featuring Jeremey Ashe on flugelhorn and James Rafferty on tenor saxophone, performed musical compositions entitled Prime Time and Bahama Cruisin’. (District 2)
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 with one additional deferral: Item 6f(2) to February 22, 2000, were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Presentation of
plaque to Ruby Lo for 1 year 4 months service on the Youth Commission. (Mayor)
Documents Filed: None.
Discussion/Action: The plaque for Ruby Lo will be mailed, as the honoree was unable to attend the meeting.
5b Presentation of a gift of $10,000 by
the McDonald’s Corporation for the City of San José’s Officer Mac Program. (Police)
Documents Filed: See Item 6f(6).
Discussion/Action: Joining Mayor Gonzales at the Podium were Police Lt. Cooper, Sgt. Winters, and Police Chief Lansdowne who accepted the gift that was presented by Paulette and Clint Johnson, representing the McDonald’s Corporation. Several owners/operators of McDonald’s in the San José area were introduced and asked to stand and be recognized for their many contributions to San José youth. (See later entry, Item 6f(6), for adoption of the resolution accepting the gift.)
5c Presentation of a
commendation to Oak Grove High School for being selected by President Bill
Clinton as one of twelve pilot sites for a new National Academy of Engineering
Technology. (Powers)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Powers introduced some of the students and faculty of Oak Grove High School, presented the commendation to Principals Jaurez and Alan Garofalo, and congratulated them on their outstanding achievement as one of 12 schools in the Nation selected to receive the award.
5d Presentation of a
proclamation regarding “Wild About Reading!”, San José Public Library’s program
to provide every first and second grader in the City with an opportunity to
obtain a library card by June 2001.
(Mayor)
(Rules Committee
referral 2/9/00)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Assistant City Librarian Paul Underwood accepted the proclamation.
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 actions were taken as indicated. Vote: 11-0-0-0.
Ordinances for Final Adoption
6b(1) ORD. NO. 26038 –
Rezones certain real property situated at the north side of Story Road, 725
feet easterly of Meadow Lane. PDC
99-09-075
Documents Filed: Proof of publication of the title of Ordinance No. 26038 executed on February 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26038 was adopted. Vote: 11-0-0-0.
6b(2) ORD. NO. 26039 –
Rezones certain real property situated at the west side of South Capitol
Avenue, 150 feet northerly of Lombard Avenue.
PDC 99-11-087
Documents Filed: Proof of publication of the title of Ordinance No. 26039 executed on February 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26039 was adopted. Vote: 11-0-0-0.
6b(3) ORD. NO. 26040 –
Rezones certain real property generally bounded by West Hedding Street, The
Alameda, Vermont Street, Elm Street, and the Union Pacific Railroad. CC 99-10-080
Documents Filed: None.
Discussion/Action: This item was deferred to April 18, 2000.
6b(4) ORD. NO. 26041 –
Rezones certain real property situated on the south side of The Alameda
opposite Stockton Avenue. PDC 98-03-027
Documents Filed: Proof of publication of the title of Ordinance No. 26041 executed on February 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26041 was adopted. Vote: 11-0-0-0.
6b(5) ORD. NO. 26042 –
Rezones certain real property situated on the north side of Blossom Hill Road,
between Santa Teresa Boulevard and Winfield Boulevard. PDC 99-10-081
Documents Filed: Proof of publication of the title of Ordinance No. 26042 executed on February 8, 2000, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26042 was adopted. Vote: 11-0-0-0.
6b(6) ORD. NO. 26043 –
Rezones certain real property situated on the north side of Lenn Drive,
approximately 300 feet easterly of Meridian Avenue. PDC 99-11-090
Documents Filed: Proof of publication of the title of Ordinance No. 26043 executed on February 8, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26043 was adopted. Vote: 11-0-0-0.
Plans and Specifications
6d(1) TRACT NO. 9172
– Northerly terminus of East Court and West Court – Grizzly Marketing Group,
Inc., a California Corporation (Developer) – 17 single family detached
residential units. Approval of a parkland agreement and adoption of resolutions
approving the plans, final map, and contract for Tract No. 9172. CEQA: ND.
District 3 (Public Works).
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 8, 2000, recommending Council approve said parkland agreement and adopt said resolutions for Tract 9172.
Discussion/Action: Mayor Gonzales stated the proposed housing development creates concerns both in terms of freeway and future rail impacts to projects closely aligned to light rail tracks. As the expansion of light rail continues and Caltrain improvements are instituted in the City of San José, he requested Staff insert an additional level of review on highly sensitive developments and housing complexes to be constructed adjacent to light rail corridors and train tracks and to review the overall process and work with transportation agencies - CalTrain, Bay Area Rapid Transit District (BART), and Valley Transportation Authority (VTA) - in the monitoring of transit issues affecting housing developments located near light rail tracks. With regard to the proposed residential development, he asked Staff to work with the Developer and VTA to execute the best design possible. The parkland agreement with Grizzly Marketing Group, Inc., was approved and its execution authorized; Resolution No. 69370, 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. 9172”; Resolution No. 69371, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9172”; Resolution No. 69372 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. 9172”, were adopted with referral to the Administration the issue of reviewing with developers and appropriate transportation agencies all planning decisions related to the development of housing projects closely aligned to transit/rail tracks in the City of San José. Vote: 11-0-0-0.
6d(2) TRACT NO. 9205
– South side of Julian Street between First and Second Streets – Green Valley
Corporation, a California Corporation (Developer) – 56 condominium attached
residential units. Approval and adoption of a resolution approving the final
map for Tract No. 9205. CEQA: Resolution No. 64723. District 3.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated February 8, 2000, recommending Council adopt said resolution for Tract 9205.
Discussion/Action: Resolution No. 69373, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9205”, was adopted. Vote: 11-0-0-0.
Contracts/Agreements
6e(1) Approval of award
of open purchase orders for supplies, materials, equipment, and services for FY
1999-2000 #24, 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 January 26, 2000, recommending Council approve said open purchase orders
list, and authorize the Director of General Services to execute the purchase
orders.
Discussion/Action: The award of open purchase orders List No. 24 for FY 1999-2000 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(2) Report on bids and award
the purchase of two (2) 11,000-pound cabs and chassis with leaf bodies to the
low bidder, Carl Chevrolet, at a total cost of $84,933.55, including tax, for
the Department of Streets and Traffic, and authorization for the Director of
General Services to execute the purchase order for the:
(a) Immediate purchase of two (2) units.
(b) Subsequent
purchase of additional units at the same bid price, for one (1) year, without
further Council action other than the appropriation of necessary funds.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated, recommending Council accept the bid report and award said purchase to the low bidder and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The bid report was accepted and award of purchase to Carl Chevrolet, the low bidder, with subsequent purchases of additional units at the same bid price, was approved and execution of the purchase order authorized. Vote: 11-0-0-0.
6e(3) Approval of an
amendment of the authorization for the Director of General Services to execute
the purchase order for the purchase of twelve (12) midsize police sedans from
Carl Chevrolet (San José) to increase the dollar amount from $280,551.71 to
$282,938.77, an increase of $2,387.06, including tax. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated January 26, 2000, recommending Council approve said amendment.
Discussion/Action: The amendment of the authorization for the Director of General Services to execute the purchase order for the purchase from Carl Chevrolet was approved and execution of the amendment authorized. Vote: 11-0-0-0.
6e(4) Approval of a
first amendment to the agreement with R. W. Beck, Inc. for solid waste
consulting services, for the period June 15, 1999 to January 31, 2002,
increasing the total compensation by $150,000, from $50,000 to $200,000.
(Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 26, 2000, recommending Council approve the amendment to said agreement.
Discussion/Action: William J. Garbett spoke against the proposed action. The first amendment to the consulting services agreement with R. W. Beck, Inc., was approved and execution of the amendment authorized. Vote: 11-0-0-0.
6e(5) Approval of a
continuation agreement with Fortune2 Design for graphic design
services for the Environmental Services Department (ESD), extending the term of
the agreement by five (5) months, retroactive from February 1, 2000 to June 30,
2000, at no additional cost to the City.
(Environmental Services)
Documents
Filed: (1) Memorandum from Director of Environmental Services, Carl W.
Mosher, dated January 26, 2000, recommending Council approve the second
amendment to said agreement. (2) Supplemental report from San José/Santa Clara
Water Control Plant, Treatment Plant Advisory Committee Chairperson, Bob
Livengood, dated February 11, 2000, recommending approval of said continuation
agreement.
Discussion/Action: William J. Garbett spoke against the proposed action. The second amendment to the graphic design services agreement with Fortune2 Design was approved and execution of the amendment authorized. Vote: 11-0-0-0.
6e(6) Approval of a
first amendment to the agreement with Orloff/Williams & Company for
advertising and public outreach services for the Integrated Waste Management
Program, extending the contract by 11 months, from July 1, 2000 to June 30, 2001,
and increasing the amount by $100,000, from $130,000 to $230,000.
(Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 26, 2000, recommending Council approve the first amendment to said agreement.
Discussion/Action: William J. Garbett spoke against the proposed action. The first amendment to the agreement with Orloff/Williams & Company was approved and execution of the amendment authorized. Vote: 11-0-0-0.
6e(7) Approval of a continuation
agreement with Envall Graphic Design for graphic design services for the
Environmental Services Department (ESD), extending the term of the agreement by
five (5) months, retroactive from February 1, 2000 to June 30, 2000, at no
additional cost to the City. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 26, 2000, recommending Council approve the second amendment to said consultant services agreement. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated February 11, 2000, recommending approval of said continuation agreement.
Discussion/Action: William J. Garbett spoke against the proposed action. The first amendment to the continuation agreement with Envall Graphic Design was approved and execution of the agreement authorized. Vote: 11-0-0-0.
Routine Legislation
6f(1) Adoption of
appropriation ordinance and funding sources resolution amendments increasing
the Library grants appropriation to the Library Department by $137,100 for
expanding public access to computers and the Internet, and for a regional
training lab in computer management and applications. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated February 11, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Ordinance No. 26046, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Amount of $137,100 to Increase the Library Grants Appropriation to the Library Department; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69374, 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 General Fund” were adopted. Vote: 11-0-0-0.
6f(2) Adoption of
appropriation ordinance and funding sources resolution amendments in the
Services for Redevelopment Capital Projects Fund with a net impact to the fund
of $697,170, and adoption of a resolution making certain determinations
regarding the expenditure of Agency funds on certain public improvements. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: This item was deferred to February 22, 2000.
6f(3) (a) Adoption
of a resolution accepting a grant award in the amount of $200,000 from the
CALFED Ecosystem Restoration Program to support key tasks of the Santa Clara
Basin Watershed Assessment Report, and authorizing the City Manager to
negotiate and execute the grant agreement.
(b) Adoption
of related appropriation ordinance and funding sources resolution amendments in
the Storm Sewer Operating Fund in the amount of $200,000.
(c) Adoption
of a resolution authorizing the City Manager to negotiate and execute a first
amendment to the agreement with the Santa Clara Valley Water District (approved
by Council June 29, 1999) to add these funds to the District agreement for
preparation of the watershed assessment report.
(Environmental
Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 26, 2000, recommending Council adopt said resolutions and related appropriation ordinance and funding sources resolution amendments in the Storm Sewer Operating Fund.
Discussion/Action: Resolution No. 69375, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Grant From the CALFED Ecosystem Restoration Program in An Amount Not to Exceed $200,000, and to Execute All Related Documents”; Ordinance No. 26047, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Storm Sewer Operating Fund in the amount of $200,000 to Accept a CALFED Ecosystem Program Grant to Support the Santa Clara Basin Watershed Assessment Report; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69376, 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 Storm Sewer Operating Fund”; and Resolution No. 69377, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a First Amendment to the Agreement With the Santa Clara Valley Water District for Cost Reimbursement of Consultant Fees for the Watershed Assessment, in an Additional Amount Not to Exceed $200,000, for a Total Amount Not to Exceed $500,000”, were adopted. Vote: 11-0-0-0.
6f(4) Adoption of a
resolution authorizing the Director of General Services to execute all
documents necessary for the donation of two (2) surplus pickup trucks with an
estimated value of $4,700 to the San José Conservation Corps. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated January 26, 2000, recommending Council adopt said resolution.
Discussion/Action: Representing the San José Conservation Corps, Bob Hennessy expressed the organization’s appreciation to the City for the donation of the trucks. Resolution No. 69378, entitled: “A Resolution of the Council of the City of San José Approving the Donation of Two Surplus Pickup Trucks With an Estimated Value of $4,700 to the San José Conservation Corps”, was adopted. Vote: 11-0-0-0.
6f(5) Adoption of a
resolution:
(a) Approving
an application for grant funding of $145,000 for the Los Gatos Creek Trail
under the Transportation Fund for Clean Air Program Manager (40%) Fund.
(b) Authorizing
the City Manager to negotiate and execute all documents relating to this grant
application and to the funding agreements if the grant is awarded.
CEQA: ND. (Parks, Recreation and
Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated January 26, 2000, recommending Council adopt said resolution.
Discussion/Action:
Resolution No. 69379, entitled: “A Resolution of
the Council of the City of San José Authorizing the City Manager to Execute and
Submit an Application to the Santa
Clara Valley Transportation Authority on Behalf of the Bay Area Air Quality
Management District for Grant Funds for the Los Gatos Creek Trail in an Amount
Not to Exceed $145,000 to Accept the Grant if Awarded, and to Execute All
Related Documents”, was adopted. Vote: 11-0-0-0.
6f(6) Adoption of a
resolution accepting a $10,000 gift from the McDonald’s Corporation for the
Officer Mac Program. (Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated January 26, 2000, recommending Council accept the gift from the McDonald’s Corporation for the Officer Mac Program.
Discussion/Action: Resolution No. 69380, entitled: “A Resolution of the Council of the City of San José Accepting a Gift of $10,000 From the Ronald McDonald House Charities of the Bay Area to be Used for the Officer Mac Program”, was adopted. Vote: 11-0-0-0.
6f(7) Adoption of a
resolution authorizing the City Manager to apply for a grant from the U.S.
Department of Justice in an amount not to exceed $313,210, for the development
of a shared Electronic Case Photo Imaging Database with Santa Clara County
District Attorney’s Office and County Crime Lab, to accept the grant if
awarded, and to execute all related documents.
(Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated January 26, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69381, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to the U.S. Department of Justice for a Grant for the Development of a Shared Electronic Case Photo Imaging Database in an Amount Not to Exceed $313,210, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
6f(8) Adoption of a
resolution approving plans and specifications and calling for advertisement
soliciting bids for the Improvement of Integrated Finance District 88-203SJ
(Silver Creek Development), Contract 14: Yerba Buena Road Median Landscaping.
CEQA: Resolution No. 61784. (Public
Works)
Documents
Filed: Memorandum
from Director of Public Works, Ralph A. Qualls, Jr., dated January 26, 2000, recommending Council adopt
said resolution.
Discussion/Action: Resolution No. 69382, entitled: “Resolution of the Council of the City of San José Approving Plans and Specifications for Contract #14: Yerba Buena Road Median Landscaping and Calling for Advertisement Soliciting Bids – Integrated Finance District 88-203SJ (Silver Creek Development)”, was adopted. Vote: 11-0-0-0.
6f(9) Approval of an
ordinance amending Title 11 of the San José Municipal Code to add a new Chapter
11.14 to limit the hours of construction in City streets during Peak Commuting
Hours. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 26, 2000, recommending Council adopt said ordinance.
Discussion/Action: Ordinance No. 26048, “An Ordinance of the City of San José Amending Title 11 of the San José Municipal Code by Adding a New Chapter 11.14 to Limit the Hours of Construction in City Streets”, was passed for publication. Vote: 11-0-0-0.
6f(10) Adoption of a
resolution approving the list of pedestrian and bicycle projects for FY
2000–2001 TDA grant funding, and authorizing the City Manager to take any
action necessary to accept any grant funds awarded to the City. (Streets and
Traffic)
[Council referral
12/7/99 – Item 7e(7)]
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 26, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69383, entitled: “A Resolution of the Council of the City of San José Approving a List of Proposed Projects for Fiscal Year 2000-2001 Funding Through the Transportation and Development Act, Article 3 (TDA-3) Pedestrian and Bicycle Facilities Grant Program and Authorizing the City Manager to Take Any Necessary Actions to Effectuate the Grant”, was adopted. Vote: 11-0-0-0.
6f(11) Adoption of a
resolution amending Resolution No. 69136 to reestablish speed limits on
Fontanoso Way, from Hellyer Avenue to Silver Creek Valley Road to 40 miles per
hour. CEQA: Exempt. (Streets and
Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 26, 2000, recommending Council amend Resolution No. 69136 to reestablish speed limits Citywide with specified changes.
Discussion/Action:
Resolution No. 69384,
entitled: “A Resolution of the Council of the City of San José Amending
Resolution No. 69136
to Lower the Speed Limit on Fontanoso Way, From Hellyer Avenue to Silver Creek
Valley Road, to 40 Miles Per Hour”, was adopted. Vote: 11-0-0-0.
6f(12) Adoption of a
resolution to incorporate all current bicycle lanes into one resolution and add
the following new bicycle lanes on:
(a) Bascom
Avenue, from City Corporate Limits (250 feet northerly of Hamilton Avenue) to
Fruitdale Avenue (1.1 miles).
(b) Campbell
Avenue, from Saratoga Avenue to 380’ easterly of Woodglen Drive (0.7 miles).
(c) Capitol
Avenue, from Berryessa Road to Trimble Road (2.0 miles).
(d) Flickinger
Road, from Hostetter Road to Berryessa Road (1.0 miles).
(e) Hamilton
Avenue, from Campbell Avenue to 230 feet easterly of Beck Drive (1.1 miles).
(f) N.
Jackson Avenue, from Berryessa Road to E. San Antonio Street (2.1 miles).
(g) Lundy
Avenue, from Trade Zone Boulevard to Berryessa Road (2.3 miles).
(h) Mabury
Road, from Twenty-First Street to Capitol Avenue (2.1 miles).
(i) Park
Avenue, from Naglee Avenue to Race Street (0.6 miles).
(j) Senter
Road, from Phelan Avenue to Singleton Road (2.1 miles).
(k) Snell
Avenue, from Blossom Hill Road to Capitol Expressway (2.0 miles).
(l) Willow
Street, from 100 feet westerly of Norman Avenue to Pepitone Avenue (2.2 miles).
(m) Winchester
Boulevard, from Hamilton Avenue to Payne Avenue (0.5 miles).
CEQA:
Exempt.
(Streets
and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 26, 2000, recommending Council amend Resolution No. 63207 by designating specific bicycle lanes.
Discussion/Action: Jill Escher spoke in support of the proposed bicycle lane designations. Resolution No. 69385, entitled: “A Resolution of the Council of the City of San José Designating Additional Bicycle Lanes on Portions of Bascom Avenue, Campbell Avenue, Capitol Avenue, Flickinger Road, Hamilton Avenue, Lundy Avenue, Mabury Road, North Jackson Avenue, Park Avenue, Senter Road, Snell Avenue, Willow Street and Winchester Boulevard Pursuant to the Authority of California Vehicle Code Section 21207; and Incorporating Resolution No. 63207, as Amended by Resolution Nos. 66206, 68546, and 68944, to Include All Bicycle Lanes in One Resolution”, was adopted and Staff directed to coordinate the work with Valley Transportation Authority to minimize the impact to neighborhoods. Vote: 11-0-0-0.
6f(13) Adoption of a
resolution authorizing the City Manager to accept the New Life Clinics Trust Foundation’s service grant of
$108,000 to implement employee workshops for weight loss, stress relief, and
smoking cessation, and authorizing the City Manager to take any action
necessary to accept the grant. (Human Resources)
[Deferred from 2/8/00 – Item 6f(1)]
Documents Filed: Memorandum from Director of Human Resources, Nona Tobin, dated January 19, 2000, recommending Council accept New Life Clinics Trust Foundation’s service grant.
Discussion/Action: This item was dropped.
6e(14) Approval of the appointment of three
members to the Project Diversity Screening Committee. (Mayor)
(Rules Committee referral 2/9/00)
Documents
Filed: : None.
Discussion/Action: This item was deferred to February 22, 2000.
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules
Committee – February 2, 2000
Documents Filed: Rules Committee Report of the February 2, 2000 meeting.
(1) Review February 15, 2000 Draft Agenda
The Committee approved the February 15, 2000 Council Agenda with one addition.
(2) Add New Items to February 8, 2000 Amended Agenda
The Committee recommended two additions and one deferral to the February 8, 2000 City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated January 27, 2000, listing the item filed for the Public Record for the period January 5-25, 2000.
The Committee noted and filed the Public Record for the period January 5-25, 2000.
(5) Boards and Commissions
(a) Project Diversity Screening Committee. Attachment: Memorandum from
Council Member Powers, dated January 31, 2000, recommending Joe Martinez for
appointment to the Project Diversity Screening Committee.
The Committee recommended appointment of Joe Martinez to the Project Diversity Screening Committee and continued this item to February 9, 2000 Rules Committee meeting.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(7) Oral communications
None Presented.
(8) Adjournment
The meeting was adjourned at 2:05 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Rules Committee Report and actions of February 2, 2000 were accepted. Vote: 11-0-0-0.
7b Report of the Rules
Committee – February 9, 2000 – (Partial)
Documents
Filed: Rules Committee Report of the February 9, 2000 meeting.
– (Partial)
(5) Boards and Commissions. Attachments: Memoranda from Council Member Diaz, dated February 4, 2000, recommending Paul Perez to serve on the Project Diversity Steering Committee; and from Council Member LeZotte, dated February 7, 2000, recommending the appointment of Mario Vazquez to the Project Diversity Steering Committee.
(a) Project Diversity Screening Committee
Appoint 2 Committee Members
The Committee recommended appointment of Mario Vazquez and Paul Perez to the Project Diversity Screening Committee.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Rules Committee Report (Partial) and action of February 2, 2000 were accepted. Vote: 11-0-0-0.
GENERAL GOVERNMENT
9a Adoption of a
resolution determining that public use and necessity require the acquisition of
a parcel of land, a storm sewer easement, a use permit, and an emergency access
over portions of certain property at 1450 Old Oakland Road, owned by Maclyn L.
Morris and Mildred E. Morris Trustees, et al., and directing the City Attorney
to file an eminent domain action. CEQA: Exempt. (Public Works)
(Deferred from 1/18/00 – Item 9c)
Documents
Filed: Memorandum
from Director of Public Works, Ralph A. Qualls, Jr., dated December 29, 1999,
recommending Council adopt said resolution.
Discussion/Action:
Upon motion by Council
Member Matthews, seconded by Council Member Woody and unanimously carried, Resolution
No. 69386, entitled:
“Resolution of Necessity of the Council of the City of San José Making Certain
Findings and Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant to Article 2, Chapter 4, Title 7 of
Part 3 of the
California Code of Civil Procedure for the Following Project:
Golden Wheel Mobile Park Flood Control Pump Station Project; Authorizing and
Empowering the City Attorney to Bring
an Action in Eminent Domain to Acquire Certain Property For
Said Project and to Apply for An Order of Possession Before
Judgment and to Prosecute Said Action to Final Judgment; and Authorizing and Empowering the
Deposit of Money in Court for Possession of
Said Property From the Funds Lawfully Available Therefore”,
was adopted. Vote: 11-0-0-0.
9b Approval of the
Procedures to Recommend a Retiree to Serve on the Board of Administration for
the Police and Fire Department Retirement Plan. (City Clerk)
Documents
Filed: Memorandum
from City Clerk, Patricia L. O’Hearn, dated February 3, 2000, recommending Council approve
said procedures.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Dando and unanimously carried, the procedures were approved. Vote: 11-0-0-0.
9c Adoption of a
resolution authorizing the City Manager to execute a five (5)-year agreement
with Pacific Bell and MCI for telecommunications services at an estimated
annual cost of $3,500,000 per year.
(General Services/Information Technology)
Documents Filed: Memorandum from Director of General Services Steve S. Yoshino, and Information Technology Director Ken Phillips, dated January 26, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 69387, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute an Agreement for Telecommunications Services (CALNET) With Pacific Bell and MCI for a Five Year Term”, was adopted. Vote: 11-0-0-0.
9d Adoption of a
resolution:
(1) Approving
business terms for an acquisition/predevelopment loan of up to $4,250,000 to
the Housing Authority of the County of Santa Clara (HACSC), or its designated
partnership, for the development of a 125-unit housing project with 124 units
affordable to very low-income seniors and one (1) unrestricted unit on a
2.79-acre site located at 2555 and 2561 South Bascom 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.
CEQA: ND. (Housing)
Documents
Filed: Memorandum
from Director of Housing, Alex Sanchez, dated January 26, 2000, recommending
Council adopt said resolution.
Discussion/Action:
Upon motion by Council
Member Powers, seconded by Council Member Chavez and unanimously carried, Resolution
No. 69388, entitled: “A
Resolution of the Council of the City of San José (i) Approving Business Terms
For An Acquisition/Predevelopment Loan of Up to $4,250,000 to the Housing
Authority of the County of Santa Clara (HACSC), Or Its Designated Partnership, For the Development of a
125-Unit Housing Project Affordable to Very Low-Income Seniors With One Unrestricted Unit, On a 2.79-Acre Site
Located at 2555 and 2561 South Bascom Drive (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.
9e Adoption of a
resolution authorizing the City Manager to negotiate and execute an agreement
with George Miers & Associates, for limited architectural services for the
Animal Services Center, San José Project in the amount of $375,000. (Public
Works)
Documents
Filed: Memorandum
from Director of Public Works, Ralph A. Qualls, Jr., dated January 26, 2000,
recommending Council approve an agreement with George Miers & Associates
for limited architectural services.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 69389, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With George Miers & Associates for Architectural Services For the Animal Services Center, In An Amount Not to Exceed $375,000”, adopted. Vote: 11-0-0-0.
9f Adoption of a
resolution:
(1) Approving
a conditional fund reservation for an acquisition and development loan of up to
$5,500,000 to The Related Companies of California, or its designated
partnership, for the partial costs of the acquisition and rehabilitation of the
700-unit El Rancho Verde Apartments, a HUD Section 8 preservation project,
affordable to low- and very low-income families, on a 34.17 acre site located
at 300 and 307 Checkers Drive, on the northeast and northwest corners of McKee
Road and Checkers Drive.
(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)
(Rules Committee referral 2/9/00)
Documents
Filed: (1)
Memorandum from Council Member Diaz, dated February 15, 2000, recommending
Council approve staff recommendation for conditional fund reservation for acquisition and development of El Rancho Verde Apartments. (2) Memorandum from
Director of Housing, Alex Sanchez, dated February 8, 2000, noting the reason for the
addendum and recommending
Council adopt
said resolution.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69390, entitled: “A Resolution of the Council of the City of San José (i) Approving a Conditional Fund Reservation of Up to $5,500,000 for Related Companies of California Or Its Designated Partnership for the Acquisition and Rehabilitation of a 700-Unit Rental Housing Project Affordable to Very Low and Low Income Persons and Families, (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.
(1) Ted Scarlett asked for a written response to allegations of police harassment charges.
(2) Ross Signorino commented on recycling proposals.
(3) Roy Stevens spoke on low income housing for seniors.
Following Oral Communications, Council recessed at 2:25 p.m. and reconvened at 7:05 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.
Scott Wagers spoke on
housing issues.
Following Oral
Communications, the
City Council
recessed at 7:10
p.m. and reconvened at 7:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers,
Shirakawa Jr., Woody;
Gonzales
Absent: Council Members: None.
PUBLIC HEARINGS
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.
15a PUBLIC HEARING and
approval of an ordinance amending Section 20.44.070 of Chapter 20.44 of Title
20 of the San José Municipal Code to allow for the placement of 4-foot by
8-foot public notice signs. (Planning,
Building, and Code Enforcement)
(Continued from
1/18/00 – Item 15a and 2/1/00 – Item 15b)
Documents Filed: None.
Discussion/Action: This item was continued to March 21, 2000.
15d PUBLIC HEARING ON CONFORMING PLANNED
DEVELOPMENT REZONING of the property located on the west side of Old Oakland
Road at Rock Avenue, from I-Industrial Zoning District to A(PD) Planned
Development Zoning District, to allow construction of four industrial buildings
totaling 47,500 square feet on 5.11 gross acres. (Ernest E. Pestana,
Owner/Developer). CEQA: Negative Declaration.
PDC 99-05-038 - District 4
(Continued from 1/18/00 – Item 15o and 2/1/00 – Item
15e)
Documents Filed: Notice of Public Hearing to
consider a change in Zoning for PDC 99-095-038, dated December 15, 1999, and
Proof of Publication of the Public Hearing Notice executed on January 7, 2000,
and submitted by the City Clerk.
Discussion/Action: This item was dropped.
15i PUBLIC HEARING ON PLANNED
DEVELOPMENT REZONING of the property located at the west side of North First
Street, between Sonora Avenue and Skyport Drive, from I-Industrial Zoning
District to A(PD) Planned Development Zoning District, to allow the development
of up to 1,110,000 square feet of office use, 32,000 square feet of retail use,
14,000 square feet of athletic club, 700 hotel rooms and 299 multi-family
residential units on 40.9 gross acres. (Spieker Properties, Owner/Developer).
CEQA: Resolution to be adopted. Director of
Planning, Building and Code Enforcement recommends approval. Planning
Commission recommends approval (6-1-0) with additional recommendation to City
Council that the park include at least 1.3 acres rectilinear area, and hotel at
southwest corner of project be scaled down to improve interface with
single-family residential neighborhood.
PDC 99-07-060 - District 3
Documents Filed: None.