MINUTES OF THE CITY COUNCIL
SAN JOSÉ,
CALIFORNIA TUESDAY, OCTOBER
31, 2000
The
Council of the City of San José convened in regular session at 9:30 a.m.
in City Council Chambers at City Hall.
Present: Council Members - Chavez, Diquisto, Fiscalini,
LeZotte, Powers, Gonzales.
Absent: Council Members - Dando, Diaz, Shirakawa, Jr., Woody.(all excused).
Vacant: District 4.
Upon
motion unanimously adopted, Council recessed at 9:31 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) Thomas v. Ngo, et al.; (2) City of San
José v. Morris, et al.; (3) Baccarat Fremont Developers, LLC v. City of San
José; and (4) BB&K v. City of San José, et al.; and to confer with Labor Negotiator Pursuant to
Government Code 54957.6: (1) City Negotiator: City Manager designee Alex
Gurza; Employee Organization: International Association of Firefighters; (2)
City Negotiator: City Manager designee Alex Gurza; Employee Organization:
Municipal Employees Federation.
By
unanimous consent, Council reconvened from the Closed Session and recessed at 10:55 a.m.
and reconvened at 1:33 p.m.
in the Council Chambers.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers,
Shirakawa, Jr., Gonzales.
Absent: Council Members - Woody (excused).
Vacant: District 4.
INVOCATION
Pastor Travis Reimer, Lincoln Glen Church, delivered the Invocation.
(District 9)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Diaz, seconded by Council Member Dando, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
CEREMONIAL ITEMS
5a Presentation of a commendation to the Human Resources Department for receipt of the International Personnel Management Association (IPMA) Medium-sized Agency Award for Excellence in Human Resources. (City Manager’s Office)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined at the podium by Renee Rungis, President of the Northern California Chapter of the International Personnel Management Association, to present to Nona Tobin, Director of Human Resources, a plaque awarded at the annual IPMA Training Conference in San Francisco on October 17, 2000, recognizing the City of San José’s Human Resources Department with the Medium-sized Agency Award for Excellence. In presenting the award, Ms. Rungis cited the City’s hiring pilot project, City-wide safety and ergonomics program, and the City’s continuing education degree program as examples of the outstanding achieve-ments of the City’s Human Resources Department, under the excellent leadership of Nona Tobin. Mayor Gonzales thanked Ms. Tobin for her leadership and dedication and presented a commendation on behalf of the San José City Council congratulating her for receiving this recognition. Ms. Tobin thanked the Mayor and Council and acknowledged the Human Resources Staff for their contribution to the successful implementation of the Department’s program.
5b Presentation of a commendation acknowledging Debra Figone, Assistant City Manager, for 27 years of outstanding service to the City of San José and its residents. (Mayor)
Documents filed: None.
Discussion/Action: Joining Mayor Gonzales at the podium was City Manager Del Borgsdorf for presentation of a commendation to Assistant City Manager Debra J. Figone on her departure from the City of San Jose. Mayor Gonzales noted her hard work and commitment to excellence as she assumed positions of increasing responsibility and leadership within the City, as analyst, Assistant Department Personnel Officer, Senior Management Analyst, Interim Director of Emergency Services, Assistant Director and Director of General Services, Acting Deputy City Manager, and Assistant City Manager. He commended her for creating a spirit of commitment among all City employees to provide high quality services to the public, providing leadership in building a responsive organization committed to continuous improvement and excellence and, as Acting City Manager, leading the City’s workforce in a seamless provision of services during last year’s transition period. Ms. Figone thanked the Mayor and City Council and expressed appreciation to friends and colleagues for their support in the many challenges encountered in her 27 years of service with the City. She stated that as she leaves to assume new challenges as the Town Manager for the Town of Los Gatos, she is both sad and grateful for the opportunities afforded her for both personal and professional growth and for the continual support of the Mayor and City Council and City staff. City Manager Del Borgsdorf stated Ms. Figone has distinguished herself by her professionalism, competence and unparalleled work ethic and his comments were followed by expressions of appreciation from various Council Members for Ms. Figone’s dedication, professional work ethic, and her wisdom and graciousness, all of which will be missed, and they wished her well in her new endeavors.
5c Presentation of a commendation to the Rosemary Gardens Neighborhood Association on their receiving the BRICC (Building Resourceful, Inspirational, Creative Community) Award from the Community Foundation of Silicon Valley. (Chavez)
(Rules Committee referral 10/25/00)
Documents filed: None.
Discussion/Action: Council Member Chavez joined Mayor Gonzales to present a commendation to members of the Rosemary Gardens Neighborhood Association in recognition of their receiving the BRICC award from the Community Foundation of Silicon Valley in a county-wide competition. Joseph Foto, President, accepted on behalf of the Rosemary Gardens Neighborhood Association members, and thanked Mayor Gonzales and Council Member Chavez for the commendation.
5d Presentation of a commendation recognizing the 10th anniversary of the Children's Discovery Museum. (Mayor)
(Rules Committee referral 10/25/00)
Documents filed: None.
Discussion/Action: Mayor Gonzales called to the podium Sally Osberg, Executive Director, and Gaye Landau-Leonard, President of the Board of Directors of the Children’s Discovery Museum, for presentation of a commendation in honor of their 10th Anniversary. Executive Director Osberg and Board President Leonard accepted the commendation on behalf of the Museum.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
Minutes for Approval
6a(1) Regular Meeting of September 19, 2000
Documents filed: Minutes of September 19, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
6a(2) Joint City Council/Redevelopment Agency Meeting of September 19, 2000
Documents filed: Minutes of September 19, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
Ordinances for Final Adoption
6b(1) ORD. NO. 26216 – Rezones certain real property situated on the west side of Boynton Avenue, approximately 100 feet northerly of Akron Way (525 Boynton Avenue). PDC 00-05-037
Documents filed: Proof of Publication of title of Ordinance No. 26216, executed on October 24, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26216 adopted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
6b(2) ORD. NO. 26217 - Rezones certain real property situated at the westerly side of San Felipe Road, approximately 1000 feet southerly of Yerba Buena Road. PDC 00-05-036
Documents filed: Proof of Publication of title of Ordinance No. 26217, executed on October 24, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26217 adopted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
Public Hearings Set by Council
6c(1) Adoption of a resolution initiating proceedings and setting a date for Council consideration of the reorganization of territory designated as Buena Vista No. 1 which involves the annexation to the City of San José of 38.0 acres of land, bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue, Meridian Avenue, and both sides of Buena Vista Avenue, and the detachment of the same from the Sunol Sanitary District, Burbank Sanitary District, County Lighting District, and Central Fire District. CEQA: Resolution No. 65459. (Planning, Building and Code Enforcement)
[Deferred from 8/3/99 – Item 6c(1) et al., and 10/17/00 – Item 6c(1)]
Documents filed: None.
Discussion/Action: This item was deferred to November 17, 2000.
Plans and Specifications
6d(1) TRACT NO. 9294 – Southeast corner of Almaden Road and Scaletta Drive – Braddock & Logan Group II, L.P., by its General Partner Braddock & Logan Services, Inc., a California Corporation (Developer) – 12 single family detached residential units. Approval of a parkland agreement and adoption of resolutions approving the plans, final map, and contract for Tract No. 9294. CEQA: ND. District 10. (Public Works)
Documents filed: Memorandum from Rajeev Batra, Deputy Director of Public Works, dated October 24, 2000, recommending Council adopt said resolutions.
Discussion/Action: Resolution No. 69970, 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. 9294”; Resolution No. 69971, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9294”; Resolution No. 69972, 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. 9294”; were adopted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
6d(2) TRACT NO. 9297 - North side of Aborn Road, 82 feet westerly of Towers Lane - Summerhill Aborn LLC, A California limited liability company By: Summerhill Homes LLC, A California liability company, its manager (Developer) - 72 single family detached residential units. Adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9297. CEQA: ND. District 7. (Public Works).
Documents filed: Memorandum from Rajeev Batra, Deputy Director of Public Works, dated October 24, 2000, recommending Council adopt said resolutions.
Discussion/Action: Resolution No. 69973, 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. 9297”; Resolution No. 69974, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9297”; Resolution No. 69975, 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. 9297”; and Resolution No. 69976, 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. 9297”, were adopted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
Contracts/Agreements
6e(1) Approval of Contract Change Order No. 4
with N. V. Heathorn, Inc. for FY 97/98 Capital Improvement Program, Settled
Sewage Pump Station Motor & Drive Upgrade, extending the term of the
agreement from July 23, 1999 to November 30, 2000, and increasing the amount by
$58,535, from $1,363,333 to $1,421,868.
(Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 11, 2000, recommending Council approve said Contract Change No. 4. (2) Letter from the Treatment Plant Advisory Committee dated October 13, 2000, stating concurrence with the Staff recommendation.
Discussion/Action: Contract Change Order No. 4 to the contract with N. V. Heathorn, Inc., was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
6e(2) Approval of a first amendment to the
consultant agreement with Carollo Engineers for a dry weather
Infiltration/Inflow Study, extending the term of the agreement from December
31, 2000 to December 31, 2001, and adjusting the billing rates for professional
services with no change in the total contract amount. (Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 11, 2000, recommending Council approve a first amendment to said agreement with Carollo Engineers. (2) Letter from the Treatment Plant Advisory Committee dated October13, 2000, stating concurrence with the Staff recommendation.
Discussion/Action: The first amendment to said agreement with Carollo Engineers was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
6e(3) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #16, 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 October 11, 2000, recommending Council approve said open purchase order list.
Discussion/Action: The award of open purchase orders List No.16 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
6e(4) Adoption of a resolution authorizing
the City Manager to negotiate and execute a first amendment to the agreement
with Dance Kids, Inc. to teach dance, fitness, and drama classes, increasing
the total agreement amount by $30,000, from $50,000 to an amount not to
exceed $80,000, for the period
January 1, 2000 to December 31, 2000.
(Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 11, 2000, recommending Council adopt said resolution.
Discussion/Action: Council Member Chavez requested Staff provide Council with the locations where the program is in place. Resolution No. 69977, 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 Dance Kids, Inc., for the Period January 1, 2000 to December 31, 2000, in Order to Increase Compensation by $30,000 for a Total Contract Amount not to Exceed $80,000”, was adopted.
6e(5) Report on bids and award of contract
for the De Anza Park Playground Renovation Project to the low bidder, Boulder
Rock Landscape Construction, to include the base bid and Add Alternate No. 1 in
the amount of $235,178, and approval of a contingency in the amount of
$12,000. CEQA: Exempt.
(Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 11, 2000, recommending Council award said contract to the low bidder, Boulder Rock Landscape Construction.
Discussion/Action: The award of contract for said project to the low bidder, Boulder Rock Landscape Construction, and the related contingency, were approved and their execution authorized. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
Routine Legislation
6f(1) Approval of a Memorandum of Understanding with San José State University Foundation’s Collaborative for Disaster Mitigation, through January 30, 2002, unless terminated earlier by either party, and at no cost to the City. (Emergency Services)
Documents filed: Memorandum from Frances Edwards Winslow, Director of Office of Emergency Services, dated October 11, 2000, recommending Council approve said Memorandum of Understanding with San José State University Foundation’s Collaborative for Disaster Mitigation.
Discussion/Action: The Memorandum of Understanding with San José State University Foundation’s Collaborative for Disaster Mitigation was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
6f(2) Acceptance of the Third Quarter 2000 San José Arena Authority Ticket Distribution Program Report. (San José Arena Authority)
Documents filed: Memorandum from San José Arena Authority, dated October 10, 2000, providing the report on the 3th Quarter Arena Ticket Distribution Program.
Discussion/Action: The Third Quarter 2000 San José Arena Authority Ticket Distribution Program Report was accepted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee – October 18, 2000
Vice Mayor Fiscalini, Chair
Documents filed: Rules Committee report of October 18, 2000.
(1) Review October 31, 2000 Draft Agenda
The Committee approved the October 31, 2000 City Council agenda.
(2) Add New Items to October 24, 2000 Amended Agenda
The Committee recommended two additions to the October 24, 2000 City Council agenda.
(3) Meeting Schedules. Attachment: Replacement memorandum from Assistant to the City Manager Deanna Santana, dated October 13, 2000, requesting a special committee meeting.
The Committee recommended a special Transportation and Environment Committee meeting to be held on November 30, 2000, 2:00 p.m., in Room 204, to hear the Administration’s report on the Taxi Cab Task Force recommendations.
(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated October 12, 2000, listing the items transmitted to the Administration and those items filed for the Public Record for the period October 4-10, 2000.
The Committee noted and filed the Public Record.
(5) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(6) Oral communications
None were presented.
(7) Adjournment
The meeting was adjourned at 2:06 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of October 18, 2000, were accepted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
7f Report of the Education, Neighborhoods, Youth, and Seniors Committee –October 16, 2000 Council Member Shirakawa, Jr., Chair
Documents filed: Education, Neighborhoods, Youth and Seniors Committee report of October 16, 2000.
(1) Strong Neighborhood Initiative Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 13, 2000, providing a Strong Neighborhoods Initiative update.
The Committee accepted the report.
(2) Youth Commission Monthly Reports for June-August and September 2000. Attachment: Memoranda from the San José Youth Commission, dated September 13 and October 4, 2000, providing the June/August/September report of the Youth Commission.
The Committee accepted the report.
(3) Fire Recruitment Annual Report. Attachment: Memoranda from Fire Chief Manuel Alarcon, dated September 13 and 20, 2000, transmitting the San José Fire Department Recruitment Program, Activity Report, July 1999 through June 2000, dated September 12, 2000 and recommending acceptance of the report and the supplemental demographic information.
The Committee accepted the report.
(4) Annual Report on Library Usage. Attachment: Attachment: Memorandum from City Librarian Jane Light, dated October 4, 2000, transmitting the FY 1999-2000 Library Usage Report.
The Committee accepted the report.
(5) Update on Joint Library Operational Planning and Construction. Attachment: Memorandum from City Librarian Jane Light, dated October 4, 2000, providing a Progress Report on the Joint Library Project.
The Committee accepted the report.
(6) Parks Project Delivery Update. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., Director, Conventions, Arts and Entertainment, Nancy Johnson, and Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 11, 2000, providing a Status Report on Parks Project Delivery.
The Committee accepted the report.
(7) Report on San José Public Library Foundation Donations for FY 1999/00. Attachment: Memorandum from City Librarian Jane Light, dated October 4, 2000, providing the report on San José Public Library Foundation Donations for FY 1999-2000.
The Committee accepted the report.
(8) Oral petitions
None.
(9) Adjournment
The meeting was adjourned at 2:25 p.m.
Discussion/Action: Upon
motion by Council Member Shirakawa, Jr., seconded by Council Member Powers, and
unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee
report and actions of October 16, 2000, were accepted. Vote: 9-0-1-0-1. Absent:
Woody. Vacant: District 4.
LAND USE AND DEVELOPMENT
8a PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south west corner of Coleman Avenue and West Hedding Street, from C-1 Commercial Zoning District to A(PD) Planned Development Zoning District, to allow a four-story, 51 room hotel on 0.46 gross acre. (George Nijmeh, Owner; Pinn Bros. Construction, Inc., Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (7-0-0).
PDC 00-05-046 - District 3
(Deferred from 10/17/00 – Item 15e and 10/24/00 – Item 8c)
Documents filed: (1) Memorandum from Council Member Chavez, dated October 31, 2000, recommending approval of the recommendation of the Planned Development Rezoning with the following conditions: (a) Direct the Department of Public Works (DPW) to work with applicant to finalize an irrevocable offer of dedication along West Hedding Street, (b) Direct the Department of Planning to work with DPW to widen the proposed sidewalks from 7 feet to 10 feet and reduce the allowed building setbacks called for in the Land Use Plan as appropriate; (c) Direct Staff to implement an annual review of parking at the hotel to insure that the parking program outlined in the PD meets the needs of the hotel and does not cause spillover onto adjacent streets, and (d) Should the review find that the parking program is failing to prevent spillover, the applicant will work with Planning to identify possible solutions, including but not limited to on-site valet parking, tandem parking, or a shared-parking arrangement with an adjacent property owner. (2) Memorandum from the Planning Commission Secretary James R. Derryberry, dated October 12, 2000, recommending Council adopt an ordinance to approve the subject rezoning. (3) Public Hearing Notice to consider a change in zoning of PDC-00-05-046, dated September 21, 2000, and Proof of Publication executed on September 29, 2000, submitted by the City Clerk.
Discussion/Action: The Public Hearing was opened. Council Member Chavez stated suggestions raised by Council Member LeZotte and others regarding parking issues and the width of the sidewalk have been incorporated into the recommendations in her memorandum dated October 31, 2000, and moved approval of the Staff recommendation, with the conditions specified in her memorandum. Council Member Diaz seconded the motion. On a call for the question, the motion carried unanimously, the public hearing was closed, and the Planning Commission recommendation was approved, with the conditions in Council Member Chavez’s memorandum dated October 31, 2000, and Ordinance No. 26225, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southwest Corner of Coleman Avenue and West Hedding Street”, was passed for publication. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
GENERAL GOVERNMENT
9a Recommendation of the Parks and Recreation Commission to name a park to be developed at approximately South 19th and East William Streets the “Selma Olinder Park.” (City Clerk)
Documents filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated October 20, 2000, recommending Council consider the recommendation of the Parks and Recreation Commission to name a park to be developed at approximately South 19th and East William Streets near the Selma Olinder University School and Olinder Neighborhood Center the “Selma Olinder Park.”
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr., and unanimously carried, the recommendation to name the park proposed for South 19th and East William Streets the “Selma Olinder Park”, was approved. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
9b (1) Adoption of a
resolution authorizing the City Manager to negotiate and execute an agreement
with Landrum & Brown to serve as Airport financial feasibility consultant
for the Airport Master Plan for the period October 16, 2000 to June 30, 2002 in
an amount not to exceed $500,000 with three (3) one-year options to extend the
agreement at the City's sole discretion.
(Airport)
(2) Adoption of a
resolution approving the investment banking underwriting pool to be used for
the selection of investment banking firms for the period November 1, 2000 to
December 31, 2005 to provide investment banking and underwriting services
related to the issuance of debt by the City of San José for the Airport Master
Plan, with the option of the City to extend the term of the pool based on the
status of the financing of the Master Plan Projects. (Finance)
Documents filed: (1) Memorandum from Aviation Director Ralph G. Tonseth, dated October 11, 2000, recommending Council adopt a resolution authorizing the City Manager to negotiate and execute said agreement with Landrum & Brown. (2) Memorandum from Acting Director of Finance, Mark Burton, dated October 11, 2000, recommending Council adopt a resolution approving the pool of investment banking and underwriting firms from which selections will be made to provide services related to the issuance of debt by the City of San José in order to finance said Airport Master Plan Projects.
Discussion/Action:
Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and
unanimously carried, Resolution No.
69978, entitled: “A Resolution of the Council of the City of San José
Authorizing the City Manager to Negotiate and Execute an Agreement with Landrum
& Brown to Serve as Airport Financial Feasibility Consultant for the
Airport Master Plan for the period of October 16, 2000 to June 30, 2002, in an
Amount Not to Exceed $500,000 with Three One-Year Options to Extend the
Agreement at the City’s Sole Discretion”, and Resolution No. 69979, entitled:
“A Resolution of the Council of the City of San José Approving the Pool of
Investment Banking and Underwriting Firms from which Selections will be Made to
Provide Services Related to the Issuance of Debt by the City of San José in
Order to Finance the Airport Master Plan Projects for the Period November 1,
2000 to December 31, 2005”, were adopted. Vote: 9-0-1-0-1. Absent: Woody.
Vacant: District 4.
9c (1) Approval of a
seventh amendment to the agreement with USA Waste of California (Districts B
and C Single Family) for Integrated Waste Management services to continue the
recycling collection pilot programs, extending the term of the agreement by
twenty (20) months, from November 1, 2000 to June 30, 2002, and increasing
compensation for the pilot programs by $600,400, from $633,000 to $1,233,400.
(2) Approval of a
sixth amendment to the agreement with GreenTeam of San José (District A Single
Family) for Integrated Waste Management services to continue a recycling
collection pilot program, extending the term of the agreement by twenty (20)
months, from November 1, 2000 to June 30, 2002, and increasing the compensation
for the pilot program by $191,834, from $174,000 to $365,834.
(Environmental Services)
Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 11, 2000, recommending Council approval of the amendments to said agreements with USA Waste of California and GreenTeam of San José.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the seventh amendment to said agreement with USA Waste of California, and the sixth amendment to said agreement with GreenTeam of San José, for Integrated Waste Management Services, were approved and their execution authorized. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
9d Acceptance of the follow-up report for the 2002 Recycle Plus
Program, which forecasts that existing garbage rates can be maintained until FY
2005-06 with the service enhancements contained in the proposals previously
approved by Council. (Environmental
Services)
Documents filed: None.
Discussion/Action: This item was deferred to November 7, 2000.
9e Approval of the first amendment to the
agreement with Franklin-McKinley School District for the improvement and City
use of the community facilities at McKinley Elementary School, increasing
payment by $150,000, from $935,000 to $1,085,000, for a term ending June 30,
2014. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 11, 2000, recommending Council approval of the first amendment to said agreement with Franklin-McKinley School District.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr., and unanimously carried, the first amendment to said agreement with Franklin-McKinley School District was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
9f Direction to the City Attorney to draft changes to Chapter
14.22 of the San José Municipal Code to modify certain repayment requirements
for eligible property owners under the City’s Deferred Assessment Program.
(Public Works)
Documents filed: Memorandum from City Manager, Del D. Borgsdorf and Susan Shick, Redevelopment Executive Director, dated October 27, 2000, recommending Council direct the City Attorney to draft changes to Chapter 14.22 of the San José Municipal Code to modify certain repayment requirements for eligible property owners under the City’s Deferred Assessment Program.
Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, the City Attorney was directed to draft said changes to Chapter 14.22 of the San José Municipal Code to modify certain repayment requirements for eligible property owners under the City’s Deferred Assessment Program. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
9g Adoption of resolutions determining that public use and
necessity require the acquisition of portions of real properties and directing
the City Attorney to file eminent domain actions to acquire such properties
located at:
(1) 433 & 435
Piercy Road (APN Nos. 678-08-024, & 678-14-045,046), which real property is
owned by Tony K. and Eva J. Mellow (“Owner”).
(2) 443 Piercy
Road (APN No. 678-14-038), which real property is owned by Richard G. &
Pauline L. Seebach (“Owner”).
(3) 350 Piercy
Road (APN No. 678-07-011), which real property is owned by Ann Sebastian, Susan
Carter, Robert J. Carter, Tami M. Carter, Margaret C. Carter and Frederick
Carter (“Owner”).
(4) 451 Piercy
Road (APN No. 678-14-037), which real property is owned by Bader S. & Anne
Kudsi (“Owner”).
(5) 600 Silver
Creek Valley Road (APN Nos. 678-14-011), which real property is owned by East
of Edenvale LLC (“Owner”).
(6) 459 Piercy
Road (APN No. 678-14-003), which real property is owned by Teresa Caprista,
Trustee (“Owner”).
CEQA:
Resolution No. 69699. (Public
Works)
Documents filed: (1) Memorandum from the Director of Public Works, dated October 26, 2000, recommending Council adopt said resolutions. (2) Six memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated October 11, 2000, recommending Council adopt resolutions determining that public use and necessity require the acquisition of said portions of real properties and directing the City Attorney to file eminent domain actions to require such properties.
Discussion/Action: Bader Kudsi, owner of property at 451 Piercy Road, spoke in opposition to the taking of his property by eminent domain and requested that he be compensated for his property consistent with the price at which adjacent properties have recently sold. Council Member Powers stated the subject properties are part of the new Edenvale Industrial area, and as the assessment district was put together and the engineering completed to locate the roads and other infrastructure, Staff gave careful consideration to taking as little property as possible. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, Resolution No. 69980, entitled: “A 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: Infrastructure Improvements in the Edenvale Redevelopment Project Area; 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”; Resolution No. 69981, entitled: “A 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: Infrastructure Improvements in the Edenvale Redevelopment Project Area; 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”; Resolution No. 69982, entitled: “A 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: Infrastructure Improvements in the Edenvale Redevelopment Project Area; 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”; Resolution No. 69983, entitled: “A 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: Infrastructure Improvements in the Edenvale Redevelopment Project Area; 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”; Resolution No. 69984, entitled: “A 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: Infrastructure Improvements in the Edenvale Redevelopment Project Area; 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”; and Resolution No. 69985, entitled: “A 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: Infrastructure Improvements in the Edenvale Redevelopment Project Area; 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”, were adopted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
9h Adoption of a resolution authorizing the City Manager to
negotiate and execute an agreement with DKS Associates for consultant services
for the development of the San José International Airport – Advanced Traffic
Management System (SJC-ATMS) Project, in an amount of $639,000, for the term
ending March 31, 2002, and authorizing the Director of Streets and Traffic to
extend the term for up to an additional 180 days, if necessary. CEQA:
Exempt. (Streets and Traffic)
Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated October 11, 2000, recommending Council approve said agreement with DKS Associates.
Discussion/Action:
Upon motion by Council Member Chavez, seconded by Council Member Shirakawa,
Jr., and unanimously carried, Resolution
No. 69986, entitled: “A Resolution of the Council of the City of San José
Authorizing the City Manager to Negotiate and Execute an Agreement with DKS
Associates, in an Amount Not to Exceed $639,000, for a Term Ending March 31,
2001, and Providing the Director of Streets and Traffic with the Authority to
Extend the Term up to an Additional 180 Days”, was adopted. Vote: 9-0-1-0-1.
Absent: Woody. Vacant: District 4.
9i Adoption of a resolution:
(1) Approving
business terms for loans aggregating up to $1,000,000 to Neighborhood Housing
Services Silicon Valley to assist in the acquisition, rehabilitation, and
resale of properties in connection with the Mayfair Neighborhood
Acquisition/Rehabilitation Pilot Program.
(2) Approving
business terms for converting up to $1,000,000 of the loan to NHSSV to finance
second mortgages for qualified moderate-income households.
(3) Authorizing
the Director of Housing to negotiate and execute a contract with NHSSV for
acquisition and loan financing services, for a contract amount not to exceed
$100,000.
(4) Authorizing
the Director of Housing to approve loans resulting in a combined loan to value
ratio of up to 120% of after rehabilitation value.
(5) Authorizing
as an exception to current policy, incomes of up to 120% of area median income,
by household size, as qualifying for home-purchase assistance in conjunction
with the Pilot Program.
(6) Finding that
the use of 20% Housing Funds to capitalize the Mayfair Acquisition
Rehabilitation Pilot Program and to underwrite expenses by NHSSV to administer
the program are a benefit to redevelopment project areas in San Jose.
(7) Authorizing
the Director of Housing to negotiate and execute all necessary documents on
behalf of the City.
(Housing)
(Deferred from 10/24/00 – Item 9d)
Documents filed: None.
Discussion/Action: This item was deferred to November 7, 2000.
9j Adoption of a resolution amending the City’s Pay Plan to create new job classifications, revising salary ranges and authorizing the City Manager to establish compensation rates for new classifications. (Human Resources)
(Deferred from 10/24/00 – Item 9e)
Documents filed: Memorandum from Director of Human Resources, Nona Tobin, dated October 11, 2000, recommending Council approve specified amendments to the City’s pay plan and approve a streamlined process for the creation of new job classes.
Discussion/Action: Council Member Chavez suggested Staff include the relevant elements of the Classification/Compensation Study into the discussions of the next Investing in Results Milestone. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 69987, entitled: “A Resolution of the Council of the City of San José Amending the City of San José Pay Plan to Create New Job Classifications and Salary Ranges; to Revise Salary Ranges for Specified Classifications and to Authorize the City Manager to Establish Compensation Rates for New City Job Classifications and to Report Such Actions to the City Council Within 30 Days”, was adopted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
9k (1) Approval of the
consultant’s final report entitled “City of San José, California, Tow Company
Rate Study” dated May 24, 2000.
(2) Direction to
staff to prepare the analysis for a Request for Proposal (RFP) which would
include:
(a) Revision of two (2) zones.
(b) Revised rate structure including a
proportionate model based on a fixed return to the City and the City’s revenue
requirements.
(c) An updated survey of comparable cities’ rates
and services provided.
(Planning, Building and Code Enforcement)
(Deferred from 10/24/00 – Item 9f)
Documents filed: None.
Discussion/Action: This item was deferred to November 7, 2000.
9l Adoption of a resolution:
(1) Increasing the City loan from $5,980,000 to $6,980,000 to Bascom HACSC Associates, a California Limited Partnership, or its designated partnership, for the development of a 125-unit housing project with 124 units affordable to very low-income households and one unrestricted unit on a 2.79-acre site located at 2555 and 2561 South Bascom Avenue.
(2) Approving business terms for a construction loan of up to $6,980,000 and a permanent loan of up to $7,370,000 for the project.
(Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated October 24, 2000, recommending Council adopt a resolution increasing a City loan to Bascom HACSC Associates for the development of said housing project, and approving the business terms for said construction loan and permanent loan for the project.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 69988, entitled: “A Resolution of the Council of the City of San José Increasing the Principal Amount of a Construction Loan to $6,980,000, Approving Business Terms for a Construction Loan of $6,980,000 and Permanent Loan of $7,370,000 to Bascom HACSC Associates for the Development of a 124-unit Rental Housing Project Affordable to Very Low-Income Persons and Families, and Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loan on Behalf of the City”, was adopted. Vote: 9-0-1-0-1. Absent: Woody. Vacant: District 4.
ORAL COMMUNICATIONS
Ross Signorino spoke about the contributions that Assistant City Manager Debra J. Figone made to the City of San José in her years of service.
ADJOURNMENT
The Council of the City of San
José adjourned at 2:21 p.m., to a Joint Meeting with the Redevelopment Agency.
RON GONZALES, MAYOR
ATTEST:
NANCY ALFORD, ASSISTANT CITY CLERK