MINUTES OF THE CITY COUNCIL
SAN JOSE, CALIFORNIA TUESDAY,
FEBRUARY 29, 2000
The Council of the City of San Jose convened in regular session at 9:00 a.m. in City Council Chambers at City Hall.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr.; Gonzales.
Absent: Council Members - Woody (excused).
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) Zebell v. City of San José, (2) Phillips v. City of San José; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee, Renee Gurza; Employee Organizations; San José Police Officers’ Association and International Association of Firefighters.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:40 a.m. and reconvened at 1:34 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
Vietnamese Club Dancers, comprised of students from
the 3rd, 4th and 5th grades at the Edenvale
Elementary School, performed a Vietnamese number under the direction of teacher
Angela Ibarra.
(District 2)
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 plaques to Nancy A. Pyle for 3 years and 11 months service on the Disadvantaged Business Development Commission and to Arlene Wagner for 2 years and 9 months service on the Senior Citizens Commission. (Mayor)
Documents filed: None.
Discussion/Action: Mayor Gonzales presented a plaque to Nancy A. Pyle for her service on the Disadvantaged Business Development Commission; a plaque will be sent to Arlene Wagner, who was unable to be present.
5b Presentation of a commendation to Reid Gustafson recognizing his dedication and commitment to the San José community as he retires from his business career. (Mayor)
(Rules Committee referral 2/23/00)
Documents filed: None.
Discussion/Action: Mayor Gonzales presented a commendation to Reid Gustafson, President of Shea Homes, and commented on his many contributions to the City of San José through many years of community involvement.
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 December 14, 1999
Documents filed: Minutes of December 14, 1999.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
6a(2) Joint City Council/Redevelopment Agency Meeting of December 14, 1999
Documents filed: Minutes of December 14, 1999.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
Ordinances for Final Adoption
6b(1) ORD. NO. 26048 – Amends Title 11 of the San José Municipal Code by adding a new Chapter 11.14 to limit the hours of construction in City streets.
Documents filed: Proof of publication of title of Ordinance No. 26048 submitted by the City Clerk.
Discussion/Action: Ordinance No. 26048 was adopted. Vote: 11-0-0-0.
6b(2) ORD. NO. 26049 – Rezones certain real property situated on both sides of Ruby Avenue and North Side of Cortona Drive.
PDC 99-04-031
Documents filed: Proof of publication of title of Ordinance No. 26049 submitted by the City Clerk.
Discussion/Action: Ordinance No. 26049 adopted. Vote: 11-0-0-0.
6b(3) ORD. NO. 26050 – Rezones certain real property situated on the east side of Lincoln Avenue, 500 feet southerly of Willow Street (1180 Lincoln Avenue)
CC 99-10-085
Documents filed: Proof of publication of title of Ordinance No. 26050 submitted by the City Clerk.
Discussion/Action: Ordinance No. 26050 adopted. Vote: 11-0-0-0.
6b(4) ORD. NO. 26051 – Rezones certain real property situated at the west side of Kirk Avenue, 150 feet northerly of Madeline Drive.
C 98-12-096
Documents filed: Proof of publication of title of Ordinance No. 26051 submitted by the City Clerk.
Discussion/Action: Ordinance No. 26051 adopted. Vote: 11-0-0-0.
6b(5) ORD. NO. 26052 – Rezones certain real property situated on the northwest corner of Gold Street and Moffet Park.
PDC 99-05-044
Documents filed: Proof of publication of title of Ordinance No. 26052 submitted by the City Clerk.
Discussion/Action: Ordinance No. 26052 adopted. Vote: 11-0-0-0.
6b(6) ORD. NO. 26053 – Rezones certain real property situated on east side of U.S. Highway 101, 1,000 feet northerly of Hellyer Avenue.
PDC 99-07-058
Documents filed: Proof of publication of title of Ordinance No. 26053 submitted by the City Clerk.
Discussion/Action: Ordinance No. 26053 adopted. Vote: 11-0-0-0.
6b(7) ORD. NO. 26054 – Rezones certain real property situated on the southeast corner of North 12th Street and East Hedding Street.
C 99-09-079
Documents filed: Proof of publication of title of Ordinance No. 26054 submitted by the City Clerk.
Discussion/Action: Ordinance No. 26054 adopted. Vote: 11-0-0-0.
Public Hearings Set by Council
6c(1) Adoption of resolutions:
(a) Initiating proceedings to consider 79 and 93 Devine Street as landmarks of special historic, architectural, cultural, aesthetic or engineering interest or value of a historic nature.
(b) Setting a public hearing on May 2, 2000 at 1:30 p.m.
(c) Referring the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report and recommendation.
CEQA: Exempt. (Planning, Building and Code Enforcement)
Documents filed: Memorandum from the Historic Landmarks Commission, dated February 9, 2000, recommending the adoption of said resolution.
Discussion/Action: Resolution No. 69407, entitled: “Resolution of the Council of the City of San José Initiating Proceedings its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code to Designate the Sherward Building as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”; and Resolution No. 69408, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code to Designate the Ward Building as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, were adopted. Vote: 11-0-0-0.
Plans and Specifications
6d(1) TRACT NO. 9217 – Within the Evergreen Specific Plan Area (ESP) and more specifically located on the northeast corner of Allesandro and Silverland Drives – Kaufman & Broad – South Bay, Inc., a California Corporation (Developer) – 107 single family attached residential units. Adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9217. CEQA: Resolution No. 63179. District 8. (Public Works)
[Deferred from 2/22/00 – Item 6d(1)]
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 15, 2000, recommending adoption of said resolutions.
Discussion/Action: Resolution No. 69409, 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. 9217”; Resolution No. 69410, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9217”; Resolution No. 69411, 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. 9217”; and Resolution No. 69412, 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. 9217”, were adopted. Vote: 11-0-0-0.
6d(2) TRACT NO. 9237 – Jackson Avenue 400 feet south of Alum Rock Avenue – Ryland Homes of California, Inc., a Delaware Corporation (Developer) – 27 single family detached residential units. Adoption of resolutions approving the plans, final map, and contract for Tract No. 9237. CEQA: ND. District 5. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 22, 2000, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69413, 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. 9237”; Resolution No. 69414, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9237”; Resolution No. 69415, 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. 9237”; were adopted. Vote: 11-0-0-0.
Contracts/Agreements
6e(1) Approval of a continuation agreement with CDI Communication Consultants extending the term of the agreement for the preparation of the San José International Airport’s Information Technology Master Plan to September 1, 2000, at no increase in total compensation. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated February 9, 2000, recommending approval of said agreement with CDI Communication Consultants.
Discussion/Action: The continuation agreement with CDI Communication Consultants was approved and its execution authorized. Vote: 11-0-0-0.
6e(2) (a) Approval of a School District Participation Agreement with Santa Clara Unified School District to pay construction costs to be incurred by the District for the acoustical treatment of the school office building at Montague Elementary in Santa Clara in an amount not to exceed $230,000.
(b) Approval of a Property Owner Participation Agreement with the Center for Employment Training (CET) to provide for the City to solicit bids and award a construction contract for the acoustical treatment of the CET School facility located at 701 Vine Street in San José.
(c) Approval of a Property Owner Participation Agreement with Roman Catholic Welfare Corporation of San José to provide for the City to solicit bids and award a construction contract for the acoustical treatment of the Sacred Heart School located at 310 Edwards Avenue in San José.
CEQA: Resolution No. 67380. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated February 9, 2000, recommending Council approve said School District Participation Agreement with Santa Clara Unified School District, approve said Property Owner Participation Agreement with the Center for Employment Training, and approve said Property Owner Participation Agreement with Roman Catholic Welfare Corporation of San José.
Discussion/Action: The School District Participation Agreement with Santa Clara Unified School District, and the Property Owner Participation Agreements with the Center for Catholic Welfare Corporation of San José and with Roman Catholic Welfare Corporation of San José was approved and their execution authorized. Vote: 11-0-0-0.
6e(3) Approval of the first amendment to the agreement with Montgomery Watson Americas, Inc. for consulting services for the South Bay Water Recycling (SBWR) Master Planning extending the term of the agreement from April l, 2000 to March 31, 2001, at no additional cost. (Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 9, 2000, recommending approval of the first amendment to said agreement. (2) Letter from the Treatment Plant Advisory Committee dated February 11, 2000, stating concurrence with the Staff recommendation.
Discussion/Action: The first amendment to said agreement with Montgomery Watson Americas, Inc., for consulting services for the South Bay Water Recycling (SBWR) Master Planning was approved and its execution authorized. Vote: 11-0-0-0.
6e(4) Adoption of a resolution authorizing the City Manager to negotiate and execute a second amendment to the agreement with San José State University Foundation revising the scope of work for environmental research projects and increasing the total compensation by $40,000, from $100,000 to $140,000. (Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 9, 2000, recommending adoption of said resolution. (2) Letter from the Treatment Plant Advisory Committee dated February 11, 2000, stating concurrence with the Staff recommendation.
Discussion/Action: Resolution No. 69416, entitled: “A Resolution of the Council of the City of San José Delegating to the City Manager the Authority to Negotiate and Execute a Second Amendment to the Agreement with San José State University Foundation for Environmental Research projects to Revise the Scope of Work and Increase the Total Compensation by $40,000 from $100,000 to $140,000”, was adopted. Vote: 11-0-0-0.
6e(5) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 # 25, 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 February 9, 2000, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List No. 25 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.
6e(6) 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 $76,542.62, including tax, for the Department of General Services, Park Maintenance Division 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 February 9, 2000, recommending award of said purchase to the low bidder, Carl Chevrolet.
Discussion/Action: The award of said purchase to the low bidder, Carl Chevrolet was approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.
6e(7) Approval to reject all bids for the purchase of one (1) 7,700 pound pickup truck for the Police Department’s Horse Mounted Unit, and authorization for the Director of General Services to purchase this unit from the State of California’s cooperative bid process. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated February 9, 2000, recommending approval to reject all bids and authorization to purchase the unit from the State of California’s cooperative bid process.
Discussion/Action: The rejection of all bids for said purchase was approved and the Director of General Services was authorized to purchase the unit from the State of California’s cooperative bid process. Vote: 11-0-0-0.
6e(8) Approval to reject all bids for the purchase of one (1) 100KW mobile generator and two (2) 200KW generators for the Department of General Services. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated February 9, 2000, recommending approval to reject all bids for said purchase.
Discussion/Action: The rejection of all bids for the purchase of equipment was approved. Vote: 11-0-0-0.
6e(9) Approval of an amendment to the 1997/98 AB 434 40% TFCA clean air agreement with the Santa Clara Valley Transportation Authority (VTA) extending the construction completion date of the Compressed Natural Gas (CNG) fueling station project, 97-SC-12, from December 31, 1999 to June 30, 2000. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated February 9, 2000, recommending approval of and amendment to said agreement with the Santa Clara Valley Transportation Authority.
Discussion/Action: The amendment to said agreement with the Santa Clara Valley Transportation Authority was approved and its execution authorized. Vote: 11-0-0-0.
Routine Legislation
6f(1) Adoption of appropriation ordinance amendments in the General Fund to provide $25,000 to the Office of Economic Development for the provision of technical assistance to the Small Business Chambers of Commerce. (City Manager’s Office)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated February 16, 2000, recommending approval of said appropriation ordinance amendments.
Discussion/Action: Ordinance No. 26061, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Amount of $25,000 to the Office of Economic Development for the Provision of Technical Assistance to the Small Business Chambers of Commerce; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.
6f(2) Adoption of a resolution authorizing the City Manager to submit an application to the California Arts Council (CAC) for a grant to support multicultural arts development programs and neighborhood arts initiatives, in an amount not to exceed $150,000, and to accept the grant, if awarded. (Convention, Arts & Entertainment)
Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated February 9, 2000, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69417, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to the California Arts Council for a Grant to Support Multicultural Arts Development Activities and Neighborhood Arts Initiatives in an Amount Not to Exceed $150,000, to Accept the Grant if Awarded and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
6f(3) Approval of the multifamily housing underwriting eligible list to be used for the selection of investment banking firms for the period January 1, 2000 to December 31, 2002 to provide investment banking and underwriting services related to the issuance of multifamily housing revenue bonds by the City of San José. (Finance/Housing)
Documents filed: Memorandum from Director of Finance, John V. Guthrie, and Director of Housing, Alex Sanchez, dated February 9, 2000, recommending approval of said multifamily housing underwriting eligibility list.
Discussion/Action: The multifamily housing underwriting eligibility list. to be used for the selection of investment banking firms for the period January 1, 2000 to December 31, 2002, was approved. Vote: 11-0-0-0.
6f(4) Approval of an agreement with Federal
Realty Investment Trust (FRIT) San José Town and Country Village, LLC regarding
funding for acquisition and improvement of off-site property and dedication of
on-site property for park purposes for pending PD Permit No.
PDSH98-11-074. CEQA:
Resolution No. 68210. (Parks,
Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 22, 2000, recommending approval of an agreement with Federal Realty Investment Trust San José Town and Country Village.
Discussion/Action:
The agreement with Federal
Realty Investment Trust (FRIT) San José Town and Country Village, LLC, was
approved and its execution authorized. Vote: 11-0-0-0.
6f(5) Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund for Fiscal Year 1999-2000 in the amount of $791,228 for the State-Certified Police Driver Training Program. (Police/City Manager’s Office)
Documents filed: Memorandum from Chief of Police, William M. Lansdowne, and Budget Director Larry Lisenbee, dated February 9, 2000, recommending adoption of said appropriation ordinance and funding sources resolution amendments.
Discussion/Action: Ordinance No. 26062, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Amount of $791,228 for the State-Certified Police Driver Training Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69418, entitled, “A Resolution 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(6) Approval of the appointment of three members to the Project Diversity Screening Committee. (Mayor)
[Deferred from 2/15/00 – item 6f(14) and 2/22/00 – Item 6f(6)]
Documents filed: Memorandum from Mayor Gonzales, dated February 28, 2000, recommending appointments to the Project Diversity Screening Committee.
Discussion/Action: Mayor Gonzales’ recommendation for appointment of Maree Andre and Lily Macias to the Project Diversity Screening Committee was approved, with a third appointment deferred to March 7, 2000. Vote: 11-0-0-0.
6f(7) (a) Approval of an ordinance amending Chapter 25.08 of Title 25 of the San José Municipal Code by adding a new Part 6 entitled “Consolidated Rental Car Facilities and Fees” to create and establish Customers Facilities and Transportation Fees; adding Sections 25.01.325 and 25.01.365 to Part 3 of Chapter 25.01 to provide relevant definitions, and amending Part 1 of Chapter 4.80 of Title 4 by adding a new Section 4.80.070 to create a Customer Facilities and Transportation Fees Fund.
(b) Adoption of the 11th supplemental resolution to amend the 1984 Airport Bond Resolution No. 57794.
(Airport)
(Rules Committee referral 2/23/00)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated February 22, 2000, recommending approval of said ordinance amending the San José Municipal Code, and adoption of the 11th supplemental resolution to amend the 1984 Airport Bond Resolution No. 57794.
Discussion/Action: Ordinance No. 26063, entitled: “An Ordinance of the City of San José Amending Chapter 25.08 of Title 25 of the San José Municipal Code by Adding a New Part 6 entitled: ‘Consolidated Rental Car Facilities and Fees’ to Create and Establish Customer Facilities and Transportation Fees; Adding Sections 25.01.325 and 25.01.365 to Part 3 of Chapter 25.01 to Provide Relevant Definitions, and Amending Part 1 of Chapter 4.80 of Title 4 by Adding a New Section 4.80.070 to Create a Customer Facilities and Transportation Fees Fund”, was passed for publication; and Resolution No. 69419, entitled: “A Resolution of the Council of the City of San José Amending the 1984 Airport Bond Resolution No. 57794”, was adopted. Vote: 11-0-0-0.
6f(8) Adoption of a resolution authorizing the City Manager, the Budget Director, the Director of Finance, and the City Auditor to have access to State sales and use tax records. (Finance)
(Rules Committee referral 2/23/00)
Documents filed: Memorandum from Director of Finance, John V. Guthrie, dated February 23, 2000, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69420, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager, the City Auditor, the Budget Director, and the Director of Finance to Examine All Sales or Transactions and Use Tax Records of the California State Board of Equalization”, was adopted. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7a Report of the Committee of the Whole – December 15, 1999
Mayor Gonzales, Chair
Documents filed: Committee of the Whole report of December 15, 1999.
(1) Study Session on Investing in Results. Attachments: (1) Agenda of the December 15-16, 1999 Investing in Results meetings. (2) Memorandum from City Manager, Del D. Borgsdorf, dated December 6, 1999, recommending Council endorse core services as the context for developing performance measures and for discussing policies relating to service delivery, service results and resource allocation. (3) Report entitled: Investing in Results - Milestone One: Defining the City of San José’s Core Services.
The Committee heard presentations by the Departments of Environmental Services; Conventions, Arts and Entertainment, Finance; Parks, Recreation and Neighborhood Services; Fire; Library, and Streets and Traffic regarding core service designations and definitions. No Committee action was required and the study session on Milestone I of Investing in Results was continued to December 16, 1999.
(2) Adjournment
The Committee adjourned at 11:45 a.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Committee of the Whole report and recommendations of December 15, 1999, were accepted. Vote: 11-0-0-0.
7a Report of the Committee of the Whole – December 16, 1999
Mayor Gonzales, Chair
Documents filed: Committee of the Whole report of December 16, 1999.
(1) Study Session on Investing in Results. Attachment: Agenda of the December 15-16, 1999 Investing in Results meetings.
The Committee continued the Investing in Results, Milestone One discussions with reports from departments grouped around the following services: Public Infrastructure; Economic & Community Development; Public Safety; Employee Services, and Strategic Support services. The Administration was directed to report back for the next study session with a format for further refinement of the core services and development of Council policy priorities.
(2) Adjournment
The
Committee adjourned at 11:45 a.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Committee of the Whole report and recommendations of December 16, 1999, were accepted. Vote: 11-0-0-0.
7b Report of the Rules Committee – February 16, 2000
Vice Mayor Fiscalini, Chair
Documents filed: Rules Committee report of February 16, 2000.
(1) Review February 29, 2000 Draft Agenda
The Committee approved the February 29, 2000 City Council agenda.
(2) Add New Items to February 22, 2000 Amended Agenda
The Committee recommended three additions to the February 22, 2000 City Council meeting.
(3) Meeting Schedules. Attachment: Memorandum from Jennifer Phillips, Council Agenda Manager, requesting a Study Session be held on Wednesday, March 29, 2000, 8:00 A.M. – 12:00 Noon at the Mexican Heritage Plaza to consider Civic Center Design Follow-up, and that the Finance and Technology Committee Meeting on Wednesday, March 29, 2000, be rescheduled to 2:30 P.M. in Room 106.
The Committee recommended a Council Study Session, entitled Civic Center Design Follow-up on Wednesday, March 29, 2000, 8:00 a.m. to 12 noon to be held at the Mexican Heritage Plaza, that the Finance and Technology Committee meeting on Wednesday, March 29, 2000 be rescheduled to 2:30 p.m. and that the evening Council meeting of March 7, 2000 be canceled.
(4) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated February 10, 2000, listing the items transmitted to the Administration and those items filed for the Public Record for the period February 2-8, 2000.
Committee noted and filed the Public Record.
(5) Council Referrals for Assignment to Appropriate Committee, Administration or Council Appointee. Attachment: Memorandum from Mayor Ron Gonzales, dated February 9, 2000, recommending the City Auditor conduct a review of the Redevelopment Agency’s Accounts Payable process.
The Committee directed the City Auditor to return to Rules Committee next week with an estimate of the time and resources needed to conduct a review of the Redevelopment Agency Accounts Payable Process as requested by the Mayor.
(6) Oral Communications
None presented.
(7) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Shirakawa, and unanimously carried, the Rules Committee report and actions of February 16, 2000, were accepted. Vote: 11-0-0-0.
7d Report of the Economic and Community Development Committee – February 7, 2000
Council Member Diaz, Chair
(Deferred from 2/22/00 – Item 7d)
Documents filed: Economic and Community Development Committee report of February 7, 2000.
(1) Recommendations on Official City Events Program.
This item was deferred to the March 6, 2000 Economic and Community Development Committee meeting.
(2) Quarterly Report on the Project Development Program. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated January 21, 2000, transmitting said report.
The Committee accepted the report.
(3) Quarterly Report on the Housing Rehabilitation Program. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated January 24, 2000, transmitting said report.
The Committee accepted the report.
(4) Second Quarter Report on the Housing and Homeless Fund. Memorandum from Director of Housing, Alex Sanchez, dated January 26, 2000, transmitting said report.
The Committee accepted the report.
(5) Oral petitions
None presented.
(6) Adjournment
The meeting was adjourned at 2:04 p.m.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Dando, and unanimously carried, the Economic and Community Development Committee report and actions of February 7, 2000, were accepted. Vote: 11-0-0-0.
7f Education, Neighborhoods, Youth, and Seniors Committee – February 14, 2000
Council Member Shirakawa, Jr., Chair
Documents filed: Education, Neighborhoods, Youth and Seniors Committee report of February 14, 2000.
(1) Oral Update on Library Card Campaign, Wild About Reading. Attachment: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated February 2, 2000, stating an oral report will be provided.
The Committee accepted the oral report.
(2) Library Commission Recommendation on the Naming of the Joint San José State/City Library. Attachment: Memorandum from City Librarian Jane Light, dated February 3, 2000, stating the San José Library Commission will hold a Public Forum, pursuant to City Council Policy 7-5, to gather community input on naming the joint City/University library on Wednesday, February 9, 2000, at 7:00 p.m. in the Board Chambers Room, Main Floor, County Government Center, 70 West Hedding Street, San Jose. Following the Public Forum, the Commission will make its recommendation to the City Council via the Education, Neighborhoods, Youth and Seniors Committee scheduled for February 14, 2000.
The Committee accepted the report.
(3) Schools/City Collaborative Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 14, 2000, recommending the Education, Neighborhoods, Youth and Seniors Committee accept the San José Schools/City Collaborative’s status report, adopt the Collaborative’s “Best Practices” Matrix for Before and After School Programming, and adopt the Principles for Resource Development and Coordination Resolution.
The Committee accepted the report.
(4) Youth Commission Monthly Report. Attachment: Memorandum from the San José Youth Commission, dated February 14, 2000, transmitting the Youth Commission’s Monthly Report .
The Committee accepted the report
(5) Anti-Graffiti Program Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, and Director of General Services, Steve S. Yoshino, dated February 9, 2000, transmitting said report.
The Committee accepted the report.
(6) Homework Center Evaluation and
Recommendations. Attachment: Memorandum from Director of Parks, Recreation and
Neighborhood Services, Mark Linder, dated February 1, 2000, recommending the
Education, Neighborhoods, Youth and Seniors Committee: (a) Accept the Homework
Centers Program Tier 1 Evaluation and its recommendations made to the ENYS
committee on November 15, 1999, and (b) Confirm the Homework Centers Program
purpose as: “to provide homework
assistance, access to computers and related technology, tutoring and/or
targeted skills training, in a safe environment to the youth of San José
through before and after school programs.”
The Committee accepted the report. Noes: Woody.
Discussion/Action: See Item 9f for Council action taken.
(7) Recommendation on Enhanced Park Construction Project Delivery. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., Nancy Johnson, Director, Conventions, Arts and Entertainment, and Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 7, 2000, recommending the Education, Neighborhoods, Youth and Seniors Committee: (a) Accept the Staff report and recommend that the Council refer the implementing actions for funding of Master Consultant Agreements for Parks Planning, Design and Preliminary Engineering as well as proposals for additional staff in the Departments of Parks, Recreation and Neighborhood Services; Conventions, Arts and Entertainment; and Public Works to the FY 2000-2001 to the budget process with the Committee’s conceptual support; and, (b) Refer to the budget process the establishment of a new Parks Design and Construction Division for the exclusive support of the delivery of Parks Construction Projects in the Public Works Department; and, (c) Refer the development of Master Consultant Agreements to the Director of Public Works and the City Attorney for implementation.
The Committee accepted the report.
(8) Oral Petition
None presented.
(9) Adjournment
The meeting was adjourned at 4:10 p.m.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Vice Mayor Fiscalini, and unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee report and actions of February 14, 2000, were accepted, with Council Member Woody dissenting on Item 7f(6). Vote: 11-0-0-0.
LAND USE AND DEVELOPMENT
8a 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
(Continued from 2/15/00 – Item 15i)
Documents filed: (1) Memoranda from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated February 4 and 10, 2000, stating the Planning Commission’s recommendation that Council adopt an ordinance approving the subject rezoning with two conditions: (a) Reduce the scale and massing of the larger hotel, at the southwest corner of the site, and “square off the park site, making it more usable, and (b) Retaining at least 1.3 acres of parkland at the northwest corner of Sonora Avenue and former Technology Drive. (2) Memorandum by Mayor Gonzales and Council Member Chavez, dated February 28, 2000, recommending Council approve the planned development rezoning, and making additional recommendations pertaining to the proposed rezoning. (3) Correspondence from Sheldon P. Gans, owner of Gish Technology Center, dated February 14, 2000, in support of the proposed project. (4) Petitions circulated by Lilian Dennis with approximately 130 signatories expressing concerns about the proposed project. (5) Proof of Publication of Notice of Public Hearing, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the Public Hearing on the Planned Development rezoning of the subject property. Director of Planning, Building and Code Enforcement, James R. Derryberry, reviewed the Staff report and recommended Council approve the proposed rezoning. The applicant, Joe Russell, President of Spieker Properties, Silicon Valley Region, thanked the Mayor’s Office, City Staff and the neighborhood for their cooperative efforts in the goal of creating a world class mixed use project at the entrance to the San José International Airport. He stated Spieker Properties is in complete agreement with the recommendations in the memorandum by Mayor Gonzales and Council Member Chavez. The following individuals spoke in support of the proposal: Neil Struthers, Santa Clara County Building and Construction Trades Council; Kirk Everett, Silicon Valley Manufacturing Group; Joseph Fota, Rosemary Gardens Neighborhood Association; Lamar D. Irvin, Richard Eichenbaum, Berkeley Square Apartments; and Melanie Maruca. George Kaplanis, Radisson Plaza Hotel, expressed opposition to the hotel component of the project, and William Garbett opposed the proposed project. Referencing the memorandum she co-signed with Mayor Gonzales, Council Member Chavez recommended Council approve the Planning Commission’s recommendations, with Staff directed to work with the developer to: (1) Ensure the hotel proposed for the southwest corner of the project site along Sonora Avenue is designed to meet the intent of the Rincon South Specific Plan; (2) Ensure that there be no vehicular outlet onto Sonora Avenue from the development; (3) At the PD permit stage, ensure compliance with the Rincon South Specific Plan to create a pedestrian environment and support public transit uses; (4) In cooperation with the Mayor’s Budget Office, develop a three-year neighborhood improvement plan during the budget process, incorporate a timeline for necessary improvements to sidewalks and gutters, and providing appropriate street lighting within the Rosemary Gardens Neighborhood—the applicant having proposed to contribute an amount of thirty thousand dollars ($30,000) annually for a period of three years for neighborhood improvements and park amenities—and, working with the District 3 Council Office, convene Rosemary Gardens community meetings to research and review the issue of permit parking for the neighborhood; (5) Ensure the design of the proposed park is reviewed and approved by the Parks Planning Staff, with neighborhood participation to determine types and locations of amenities within the park, with Rosemary Gardens Neighborhood Association to assign a committee to work with the developer and planning staff, and the site park should not be less than 1.3 rectilinear acres regardless of the number of housing units ultimately developed; (6) Ensure the site plan incorporates gateway entrances to the Rosemary Gardens Neighborhood at First Street and Sonora Avenue, First Street and Gish Road, and First Street and Rosemary Street, consistent with the broader project design, at the PD permit stage; (7) Ensure a community room is incorporated into the recreation center currently planned as part of the proposed housing, with access to kitchen and restroom facilities and available to the neighborhood association on a reservation basis but not available to the general public; (8) Ensure that noticing of any future project goes beyond the minimum requirements and includes noticing of each household within the Rosemary Gardens neighborhood; and (9) Working with the applicant and the Rosemary Gardens Neighborhood Association, ensure that community input is taken regarding project building design, particularly those buildings having direct neighborhood interface. Council Member Chavez read the following statement of overriding considerations: “The EIR identified project and cumulative freeway traffic and air quality impacts as significant and unavoidable. This project is consistent with the City’s economic development strategy, housing strategy, and General Plan objectives of placing high intensity mixed use adjacent to major transit line, supports the airport and accomplishes the key objectives of the Rincon South Specific Plan, and provides housing near transit, a public park, and hotel development. These benefits outweigh the significant, unavoidable environmental impacts.” Upon motion by Council Member Chavez, seconded by Vice Mayor Fiscalini, and unanimously carried, the Public Hearing was closed, the recommendations of the Planning Commission and the recommendations in the memorandum by Mayor Gonzales and Council Member Chavez dated February 28, 2000, were approved; Resolution No. 69421, entitled: “A Resolution of the Council of the City of San José Making Certain Findings Concerning Impacts and Mitigation Measures, in Accordance with the California Environmental Quality Act for the Spieker/Skyport Project for Which an Environmental Impact Report has been Prepared” was adopted; and Ordinance No. 26064, entitled: “An Ordinance of the City of San José Rezoning Certain Real Property Situated on the West Side of North First Street Between Sonora Avenue and Skyport Drive”, was passed for publication. Vote: 11-0-0-0.
9a Presentation on Cable Franchise Renewal with AT&T. (City Manager’s Office)
Documents filed: (1) Memorandum from Deputy City Manager, Kay Winer, dated February 22, 2000, recommending Council accept the report, made with the use of PowerPoint presentation. (2) Memorandum from Mayor Gonzales and Council Member Woody, dated February 23, 2000, expressing support for the Administrations’ efforts to secure an I-Net for the community through discussions with AT&T. (3) Hard copies of PowerPoint slide presentation made by Staff.
Discussion/Action: Deputy City Manager Kay Winer and Tom Manheim, Public Education and Community Outreach Manager, made an oral presentation on the status of the Administration’s cable franchise renewal negotiations with AT&T and, with the aid of a PowerPoint slide presentation, focused on specific applications and benefits of the Public, Education and Government Access (PEG); the Institutional Network (I-Net), and certain related cost factors. Kay Winer introduced Joe Van Eaton, the primary consultant in the negotiations, with his associate from Miller and Van Eaton, Bill Lowery. She summarized the goals Council adopted on September 21, 1999, for the Administration to pursue through the cable franchise renewal negotiations process, and consisting of the following four major categories: (1) An upgrade of the existing system; (2) A strong and enforceable franchise agreement; (3) A cable system which creates a connected community; and, (4) Resolution of past compliance issues prior to approval of a new franchise agreement. The presentation provided an overview of issues being addressed through the cable franchise renewal process and compared San José’s current level of service with other cities. Tom Manheim outlined areas where San José’s system is seriously deficient and stated AT&T is anxious to upgrade the system in order to be able to offer significant new services, such as reliable high-speed Internet access. He reviewed the issues of enforceable standards, universal access throughout the City, increases to the current 3-channel capacity; and PEG and I-Net Access. He stated I-Net is designed to serve non-residential customers and has the speed and capacity to carry video, data and voice transmission and, as part of the franchise, the City can require AT&T to build an I-Net and link various public buildings, such as City and County facilities, schools, colleges and universities, and the I-Net could be expanded to serve local businesses. He stated the Subscriber network which is the network used to send programming to customers’ television sets is separate from the I-Net, but there would be interconnections which offer tremendous opportunities. He stated the City could move the entire internal phone system onto an I-Net which, combined with handling the City’s data needs, could provide savings to the City. However, he stated the primary goal of the I-Net is not internal communications, but to better serve the public, and the various ways of using an I-Net to provide enhanced service to the community were delineated. He stated the provisions of the existing franchise which called for the cable company to build a limited version of an I-Net to 17 sites throughout the City were never provided, and that matter is an issue for discussion in the current negotiations. Staff presented cost comparisons of services provided with other cities and stated there is no indication that improvements to the system would result in higher consumer costs. Mayor Gonzales stated the status report provides Council an opportunity to stay abreast of the potential for services like the I-Net that can be secured through negotiations and inquired about the negotiation timeline. Tom Manheim stated the existing franchise expires at the end of the year 2000 and Staff will aggressively pursue renegotiating the franchise in a timely manner with the Council’s goals in mind. Mayor Gonzales stated the current system is inadequate to maintain the City of San José’s status as the Capital of Silicon Valley and of the world. With San José’s greater market and customer potential, he stated the opportunity exists for San José to secure a state of the art system. Responding to comments from Council Member Diaz about the importance of having a state of the art system which can serve the school districts, Kay Winer stated Staff and the consultant met with the school districts and the County, have compiled an initial list of sites which the school districts are interested in connecting, and has provided a list to AT&T of all City facilities that would benefit from connectivity. Council Member Dando asked what mechanisms could be used to ensure contract compliance, what is the rationale for a lengthy contract versus a shorter term and what options exist for opening a lengthy contract for review. Joe Van Eaton stated it is possible to build mechanisms into the franchise to open the contract for review and the advantages and disadvantages of a shorter contract have to be weighed against have a longer contract with a mechanism to open the contract for review. Vice Mayor Fiscalini stated he is greatly concerned about the paucity of services which San José receives in contrast to some smaller communities. He stated that since AT&T only recently acquired San José’s service provider, they are not responsible for the past failure of San José’s cable service to keep pace with technological advances. However, he stated the issue of responsibility needs to be reviewed for the lack of innovation on the City’s part to not only upgrade the existing system but to increase the services that are available to the constituents. He stated San José is one of the major cities in the world and should not take second place to anyone in the area of moving information. He stressed the urgency for the City to extend its ability to link with other institutions in the area, and encouraged AT&T to use the City of San José as the primary base for systems which they are in the process of developing. Council Member Chavez expressed concern that new housing projects in the downtown not be charged more than the rates for existing service areas, and requested that colleges be included in the discussions on the linking of schools. Superintendent Linda Murray, San José Unified School District, representing herself and Joe Coto, Superintendent, East Side Union High School District, spoke in support of the I-Net and the communication opportunities the network would provide to schools. She stated the school district could provide quality programming to homes, such as homework hotlines, course work for students and parents, informational and literacy programs, parenting education, broadcasting news, school and sporting events, with students involved in programming. She stated James Lick High School and Leland High School are telecommunication magnets with video production capability, and with upgraded facilities and enhanced on-site production, could be a training center for students. She stated her district would serve all remaining school districts and partner with the Santa Clara Office of Education. Mayor Gonzales thanked the Staff for the update and, by unanimous consent of the Council, the report was accepted. Vote: 11-0-0-0.
9b Approval of the third amendment to the agreement with the City of Milpitas to secure additional engineering design and construction services for South Bay Water Recycling, increasing the maximum amount payable by $11,125,331 for a total not to exceed $12,155,631. CEQA: Resolution No 64667. (Environmental Services)
Documents filed: None.
Discussion/Action: This item was deferred to March 21, 2000.
9c (1) Approval of the third amendment to the agreement with the City of Santa Clara to secure additional engineering and construction services for South Bay Water Recycling, increasing the maximum amount payable by $8,900,000 to a total amount not to exceed $24,900,000 with an option to authorize further engineering and construction services, without further Council action other than the appropriation of necessary funds, increasing the maximum amount payable by $5,100,000 for a total agreement amount not to exceed $30,000,000. CEQA: Resolution 64667.
(2) Adoption of a resolution authorizing the City Manager to exercise the option for further engineering services, without further Council action other than the appropriation of necessary funds.
(Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 9, 2000, recommending approval of a third amendment to said agreement with the City of Santa Clara and authorizing the City Manager to execute said option for further engineering and construction services without further Council action. (2) Letter from the Treatment Plant Advisory Committee dated February 11, 2000, stating concurrence with the Staff recommendation.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Fiscalini, Council Member Dando, and unanimously carried, the third amendment to said agreement with the City of Santa Clara was approved, and Resolution No. 69422, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Exercise the Option for Engineering, Construction and Construction Services that is Provided in the Third Amendment to Agreement with the City of Santa Clara for Implementation of Portions of the South Bay Water Recycling Program Subject to Council Appropriation of Funds for the Optional Services”, was adopted. Vote: 11-0-0-0.
9d Approval of an agreement for consultant services with A-N West, Inc., for the design of North San José Rincon De Los Esteros Storm Drain Improvements Phase II for the period February, 2000 to September, 2003, in an amount not to exceed $2,020,000. (Public Works)
Documents filed: None.
Discussion/Action: This item was deferred to March 7, 2000.
9e Adoption of a resolution authorizing the City Manager to execute a grant agreement for Transportation for Clean Air (TFCA) funds in the amount of $1,120,000 for the Silicon Valley Intelligent Transportation Systems (SV-ITS) Program. CEQA: Exempt. (Streets and Traffic)
Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 9, 2000, recommending adoption of said resolution.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Matthews, seconded by Council Member Powers, and unanimously carried, Resolution No. 69423, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a Grant Agreement with the Bay Area Air Quality Management District for Transportation for Clean air Funds in an Amount Not to Exceed $1,120,000, and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
9f Adoption of a resolution authorizing the City
Manager to negotiate and execute an amendment to the consultant agreement with
Rene Dahl, the homework center evaluator, to increase the compensation to a
total amount not to exceed $59,000.
[Education, Neighborhoods, Youth & Seniors Committee referral 2/14/00 – Item 7f(6)]
Documents filed: (1) See Item 7f(6) for the Staff reports. (2) Memorandum from Deanna Santana, dated February 28, 2000, stating the Education, Neighborhoods, Youth and Seniors Committee recommended Council adopt said resolution.
Discussion/Action: Council Member Shirakawa, Jr., stated the proposal recommends changes to the current policy, and moved approval of the Staff recommendations. Vice Mayor Fiscalini seconded the motion. Council Member Diquisto recommended Homework Centers be made a budget item and be part of the annual budget process. Mayor Gonzales stated that suggestion will be taken into consideration during the budget process. In response to concerns registered by Council Members Woody, Powers, Dando, and LeZotte about retaining decision making with the Council Districts, Mark Linder, Director of Parks, Recreation and Neighborhood Services, stated the purpose of the proposal is to organize the information for provision to the Council Members, to work with Council offices on screening, criteria and other data from the application process, and provide assistance to Council Members as they determine how funds should be allocated within their districts. Council Member Woody stated she did not make the motion to approve in Committee and asked to have the Committee Report corrected, stated she has many concerns and believes the changes proposed would diminish the ability of the Council Members to decide how the funds would be used in their districts, and that she will not support the motion. She commented on recent problems in the process and the negative impact that has had on some participants in the program. Council Member Matthews stated Homework Centers are an innovative idea which have grown from a pilot program into a City-wide program that is excellent in concept, and the misunderstandings which occurred over the past year need to be addressed. She stated she welcomes the changes and the involvement of the Staff who are in the community on a daily basis, and agrees Council Members, individually and as a group, need to retain input and control over the implementation. Council Member Dando expressed concerns about having the same criteria applied to all schools because of the variables between different schools. Mayor Gonzales stated the proposal would be beneficial in assuring participants that decisions were not being made arbitrarily and that criteria will be applied equitably. On a call for the question, the motion carried and Resolution No. 69424, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Consultant Agreement with Rene Dahl to Increase the Total Compensation to an Amount Not to Exceed $59,000”, was adopted. Vote: 10-1-0-0. Noes: Woody.
ORAL COMMUNICATIONS
John Messina spoke about the proposed Civic Center
Complex.
ADJOURNMENT
The Council of City of San José adjourned at 3:13
p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK