MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
DECEMBER 12, 2000
The Council of the City of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Powers, Reed, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: None.
Vacant: District 5
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Hale v. Fuller; and Huskey v. City of San José et al.; and (B) to confer with Legal Counsel regarding anticipated litigation involving one matter where there is significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Powers, Reed, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: None.
Vacant: District 5
Pastor J. Anthony White, Maximum Impact Ministries, delivered the invocation. (Mayor)
Mayor Gonzales led in the Pledge of Allegiance.
The City Council joined Mayor Gonzales in
extending a special welcome to representatives from the San José Conservation
Corps, accompanied by Executive Director Robert J. Hennessy, who attended the
Council meeting as a requirement for the organization’s City Government
project, and in thanking the Conservation Corps for their hard work in the
City’s neighborhoods.
ORDERS OF THE DAY
Upon
motion by Vice Mayor Fiscalini, seconded by Council Member Powers and
unanimously carried, the Orders of the Day and the Amended Agenda were approved
with one additional deferral: Item 6b(12) deferred to December 19, 2000. Vote:
10-0-0-0-1 Vacant: District 5.
CEREMONIAL ITEMS
5a Presentation proclaiming December 11th through 15th as Winter
Storm Awareness Week. (Emergency Services)
Documents Filed: Memorandum from Director of Emergency Services, Frances E. Winslow, dated November 20, 2000, recommending Council proclaim December 11-15, 2000 as Winter Storm Awareness Week.
Discussion/Action: Mayor Gonzales invited Dan Goodrich to join him at the Podium. On behalf of Dr. Frances Winslow, Director of the Office of Emergency Services, Mr. Goodrich accepted the proclamation commemorating Winter Storm Preparedness Week. He reminded the residents of the importance of familiarizing themselves with the application of safety measures to enable them to protect their homes and families during adverse weather conditions created by heavy rains and flooding that come to California during the winter months. He encouraged residents of San José to avail themselves of the materials provided in the libraries and community centers during the month of November and the information available from the Office of Emergency Services and the Santa Clara Valley Water District throughout the Winter Storm season.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-0-0-1. Vacant: District 5.
Ordinances for Final Adoption
6b(1) ORD. NO. 26196 – Adopts the Neighborhood Business Clusters
Redevelopment Plan and makes certain findings.
[Deferred
from 9/19/00 – Item 6b(4) et al., and 11/21/00 – Item 6b(1)]
Documents Filed: None.
Discussion/Action: This item was deferred to December 19, 2000.
6b(2) ORD. NO. 26197 – Amends the Julian-Stockton Redevelopment
Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan,
the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment
Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment
Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment
Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street
Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road
Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street
Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor
Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza
Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan
to effect the merger of said Redevelopment Project Areas and making certain
findings.
[Deferred
from 9/19/00 – Item 6b(5) et al., and 11/21/00 – Item 6b(2)]
Documents Filed: None.
Discussion/Action: This item was deferred to December 19, 2000.
6b(3) ORD. NO. 26239
– Amends Chapter 12.06 of Title 12 of the San José Municipal Code by adding a
new Part 9 to clarify and provide campaign contribution requirements and rules
for special municipal elections.
Documents Filed: Proof of publication of the title of Ordinance No. 26239 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26239 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6b(4) ORD. NO. 26240 – Rezones certain real property situated on
the southeasterly corner of Senter Road and Diamond Heights Drive.
PDC
99-05-037
Documents Filed: Proof of publication of the title of Ordinance No. 26240 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Council Member Reed entered a disqualification from voting on the subject ordinance because it involves matters of former clients. Ordinance No. 26240 was adopted. Vote: 9-0-0-1-1. Disqualified: Reed. Vacant: District 5.
6b(5) ORD. NO. 26241 – Rezones certain real property situated in
the area generally bounded by North First, Bassett, and Ryland Streets and
State Route 87. PDC 00-04-025
Documents Filed: Proof of publication of the title of Ordinance No. 26241 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Council Member Reed entered a disqualification from voting on the subject ordinance because it involves matters of former clients. Ordinance No. 26241 was adopted. Vote: 9-0-0-1-1. Disqualified: Reed. Vacant: District 5.
6b(6) ORD. NO. 26242 – Rezones certain real property situated on
the southwest corner of Piedmont Road and Maxey Drive (1065 Piedmont Road). PDC
00-05-031
Documents Filed: Proof of publication of the title of Ordinance No. 26242 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26242 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6b(7) ORD. NO. 26243 – Rezones certain real property situated on
the south side of Payne Avenue between Essex Way and Lexington Drive. PDC
00-05-038
Documents Filed: Proof of publication of the title of Ordinance No. 26243 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26243 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6b(8) ORD. NO. 26244 – Rezones certain real property situated on
the west side of Edenvale Avenue, approximately 1,000 feet south of Monterey
Road (200 Edenvale Avenue). PDCSH 00-06-047
Documents Filed: Proof of publication of the title of Ordinance No. 26244 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26244 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6b(9) ORD. NO. 26245 – Rezones certain real property situated on
the north side of Rose Avenue, approximately 200 feet westerly of South White
Road. PDC 00-07-062
Documents Filed: Proof of publication of the title of Ordinance No. 26245 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26245 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6b(10) ORD. NO. 26246 – Rezones certain real property situated on the
north side of Blossom Hill Road, approximately 150 feet east of Entrada Cedros.
PDC 00-07-064
Documents Filed: Proof of publication of the title of Ordinance No. 26246 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26246 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6b(11) ORD. NO. 26247 – Rezones certain real property situated on
the northeast corner of Capitol Expressway and Tully Road. C 00-10-106
Documents Filed: Proof of publication of the title of Ordinance No. 26247 executed on November 28, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26247 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6b(12) ORD. NO. 26248 – Amends Title 20 of the San José Municipal
Code in its entirety to comprehensively update and revise the Zoning Code.
Documents Filed: None.
Discussion/Action: This item was deferred to December 19, 2000.
Plans and Specifications
6d(1) TRACT NO. 9275 - Southeast corner of Stevens Creek Boulevard
and Winchester Boulevard - FRIT San José Town and Country Village, LLC, A
California Limited Liability Company (Developer) - Subdivide 4 Parcels into 16
lots for commercial and residential uses. Adoption of a resolution approving
the final map for Tract No. 9275. CEQA: 68210. District 6. (Public Works)
Documents Filed: Memorandum from Deputy Director of Public Works, Rajeev Batra, dated December 5, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70035, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9275”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6d(2) TRACT NO. 9278 -
Southwest corner of Moorpark Avenue and Boynton Avenue - Moorpark Place LLC
(Developer) - 13 single-family attached residential units. Approval of a parkland agreement and
adoption of resolutions approving the plans, final map, and contract for Tract
No. 9278. CEQA: ND. District 1. (Public Works)
Documents Filed: Memorandum from Deputy Director of Public Works, Rajeev Batra, dated
December 5, 2000, recommending Council approve the parkland agreement and adopt
said resolutions for Tract No. 9278.
Discussion/Action: The parkland agreement with Moorpark Place LLC,
developer, was approved, and execution of the agreement authorized; Resolution
No. 70036, 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. 9278”; Resolution No. 70037, entitled: “A Resolution of the Council
of the City of San José Approving and Accepting Final Map of Tract No. 9278”;
and Resolution No. 70038, 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.
9278”, were adopted. Vote:
10-0-0-0-1. Vacant: District 5.
6d(3) TRACT NO. 9298 -
North of Will Rogers Drive, 90 feet west of Oakmont Place - Pfeiffer Ranch
Investors II, Inc. (Developer) - 20 single family detached residential units.
Adoption of resolutions approving the plans, final map, and contract for Tract
No. 9298. CEQA: ND. District 1. (Public Works)
Documents Filed: Memorandum from Deputy Director of Public Works, Rajeev Batra, dated
December 5, 2000, recommending Council adopt said resolutions for Tract No.
9298.
Discussion/Action: Resolution No. 70039, 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. 9298”; Resolution No.
70040, entitled: “A Resolution of the Council of the City of San José Approving
and Accepting Final Map of Tract No. 9298”; and Resolution No. 70041, 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. 9298”, were adopted. Vote: 10-0-0-0-1. Vacant:
District 5.
6d(4) TRACT NO. 9309 - Northeast corner of San Felipe Road and
Keaton Loop – Braddock and Logan II, L.P., a California Limited Partnership
By: Braddock & Logan Services,
Inc., a California Corporation, General Partner (Developer) – 9 single family
detached residential units. Approval of
a parkland agreement and adoption of resolutions approving the plans, final
map, contract and water main extension for Tract No. 9309. CEQA:
ND. District 8. (Public Works)
Documents Filed: Memorandum from Deputy Director of Public Works, Rajeev Batra, dated
December 5, 2000, recommending Council approve the parkland agreement and adopt
said resolutions for Tract No. 9309.
Discussion/Action: The parkland agreement with Braddock and
Logan II, L.P., was approved and its
execution authorized; Resolution No. 70042 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. 9309”; Resolution No. 70043, entitled:
“A Resolution of the Council of the City of San José Approving and Accepting
Final Map of Tract No. 9309”; Resolution No. 70044, 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. 9309”; and Resolution No. 70045, 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. 9309”, were adopted. Vote: 10-0-0-0-1. Vacant:
District 5.
Contracts/Agreements
6e(1) Approval of a first
amendment to the lease agreement with Airport Group International, Inc., to
extend the lease agreement for premises located at 1277 Airport Boulevard, on a
month-to-month term through December 31, 2006, with annual revenue to the City
of $9,450. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 20, 2000, recommending Council approve the first amendment to said agreement.
Discussion/Action: The first amendment to the lease agreement with Airport Group International, Inc., was approved and execution of the amendment authorized. Vote: 10-0-0-0-0. Vacant: District 5.
6e(2) Approval of a first
amendment to the lease agreement with Mexicana Airlines to extend the lease for
space at 1277 Airport Boulevard, for a term of five (5) years through December 31,
2005, with an annual rental revenue to the City in the amount of $2,178. CEQA:
Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 20, 2000, recommending Council approve the first amendment to said agreement.
Discussion/Action: The first amendment to the lease agreement with Mexicana Airlines was approved with the expiration date corrected to read “for a term of five (5) years through December 14, 2005”, and execution of the amendment authorized. Vote: 10-0-0-0-0. Vacant: District 5.
6e(3) Approval of amendments to the employment agreements with John
Salois and Brian Bennert. (Diquisto)
Documents Filed: None.
Discussion/Action: The amendments to the employment agreements with John Salois and Brian Bennert were approved and execution of the amendments authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6e(4) Adoption of a resolution
authorizing the Director of General Services to negotiate and execute a first
amendment to the agreement with Columbia Ultimate Business Systems for
additional programming services and associated licenses at a cost of
$111,842.58, for a total cost not to exceed $390,760.80. (Finance/General
Services)
Documents Filed: Memorandum from Acting Director of Finance Mark Burton, and Director of General Services Steve S. Yoshino, dated November 20, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70046, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute a First Amendment to the Agreement With Columbia Ultimate Business Systems for Additional Programming Services and Associated Licenses at a Cost of $111,842.58 for a Total Cost Not to Exceed $390,760.80”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6e(5) Approval of award of open purchase orders for supplies,
materials, equipment, and services for FY 2000-2001 #21, 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 November 20, 2000, recommending Council accept the report and approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 21 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6e(6) Report on bids and award
the purchase of two (2) 29,000-pound cabs and chassis with maintenance bodies
for the Department of Streets and Traffic to the low bidder, Monarch Leasing,
Inc., d.b.a. Monarch Truck Center, in the amount of $217,976.42, including tax
and delivery, and authorization for the Director of General Services to execute
the purchase order for the:
(a) Immediate
purchase of two (2) units; and
(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 November 20, 2000, recommending Council accept the report and approve said award of purchase, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The report on bids was accepted, the award of purchase to Monarch Leasing, Inc., d.b.a., Monarch Truck Center, the low bidder, was approved, and execution of the purchase order authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6e(7) Approval to reject all
proposals received in response to the Request for Proposals for an automated
warehouse system and authorization for the Director of General Services to
negotiate on the open market for an automated warehouse system. (General Services).
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated
November 20, 2000 recommending Council reject all proposals received in
response to said RFP, and authorize the Director of General Services to
negotiate on the open market for an automated warehouse system.
Discussion/Action: The recommendation to reject all proposals
received in response to the Request for Proposals was approved and authorization
to negotiate on the open market for the automated system was granted. Vote:
10-0-0-0-1. Vacant: District 5.
6e(8) (a) Report
on Request for Quotations and award lighting improvements at the Market
Street and Second and San Carlos Streets parking garages to Cupertino Electric Inc., for a total cost of $351,075.23,
including tax, and authorization for the Director of General Services to
execute the purchase order.
(b) Approval
of a contingency in the amount of $25,000.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated November 20, 2000, recommending Council accept the report on the RFQ and award said improvement contract to Cupertino Electric Inc., and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The report on the Request for Quotation was accepted and award of lighting improvements to Cupertino Electric, Inc. and the supplemental money for unforeseen work that may occur were approved, and execution of the purchase order authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6e(9) Approval of an agreement
with Kidz Love Soccer, Inc., to teach soccer lessons for the period September
1, 2000 to August 31, 2001, in an amount not to exceed $150,000. (Parks,
Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 20, 2000, recommending Council approve said agreement.
Discussion/Action: Council Member Chavez asked Staff to prepare a list of the programs offered and the dates, times and locations for the classes, and to submit a report to Council upon completion of contract negotiations. The agreement with Kidz Love Soccer, Inc., was approved and execution of the agreement authorized, with City Staff directed to provide Council with a list of the locations and dates the activities will occur. Vote: 10-0-0-0-1. Vacant: District 5.
6e(10) Approval of an agreement
with Noteworthy Music School to provide music lessons for the period September
1, 2000 to August 31, 2001, in an amount not to exceed $70,000. (Parks,
Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 20, 2000, recommending Council approve said agreement.
Discussion/Action: The agreement with Noteworthy Music School was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6e(11) Approval of the amendment to
the agreement with Thomas Reid Associates for consultant services for the Bay
Trail Master Plan Environmental Feasibility Study to increase the maximum
amount of compensation by $33,500, for a total agreement amount not to exceed
$170,000. (Public Works)
Documents Filed: Memorandum from Deputy Director of Public Works, Gordon Siebert, dated November 20, 2000, recommending Council approve the amendment to said consultant services agreement.
Discussion/Action: The amendment to the consultant services agreement with Thomas Reid Associates was approved and execution of the amendment authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6e(12) Report on bids and approval
of contract with General Lighting Service, Inc., for the History Museum
of San José Electric Light Tower Renovation Revised For Rebid #1 Project, in
the amount of $65,212, and approval of a
contingency in the amount of $6,000.
CEQA: Resolution No. 66098.
(Public Works)
Documents Filed: Memorandum from Deputy Director of Public Works, Gordon Siebert, dated November 20, 2000, recommending Council accept the bid report and approve said contract with General Lighting Services, Inc.
Discussion/Action: The report on bids was accepted, and the contract with General Lighting Services, Inc., including the contingency amount, was approved and execution of the contract authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6e(13) Approval of a first amendment
to the agreement with the San José Downtown Association for marketing services
for the downtown public parking program, increasing compensation by $140,000,
and extending the agreement term through January 31, 2002. (Streets and
Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated November 20, 2000, recommending Council approve the first amendment to said marketing services agreement.
Discussion/Action: The first amendment to the agreement with the San José Downtown Association was approved and execution of the amendment authorized. Vote: 10-0-0-0-1. Vacant: District 5.
Routine Legislation
6f(1) Adoption of a resolution declaring the results of the General
Municipal Election held on November 7, 2000.
(City Clerk)
[Deferred from 11/28/00 – Item 6f(3)]
Documents Filed: None.
Discussion/Action: Resolution No. 70047, entitled: “Resolution of the Council of the City of San José Reciting That a Regular Municipal Election Was Held in the City of San José on Tuesday, November 7, 2000, Which Was Consolidated With the General Election On That Date; Stating the Offices to be Filled at the Election; Finding and Declaring That the Registrar of Voters of the County of Santa Clara Has Canvassed the Returns of the Election, and Confirming the Results of the Canvass; Stating the Whole Number of Votes Cast in the City, the Names of the Persons Voted For, the Office Each Person Was Voted For, the Number of Votes Given at Each Precinct to Each Person; Finding and Declaring That Forest Williams Was Elected to the Office of Member, City Council, District 2; That Chuck Reed Was Elected to the Office of Member, City Council, District 4; That Ken Yeager Was Elected to the Office of Member, City Council, District 6 and That David D. Cortesé Was Elected to the Office of Member, City Council District 8; and Stating the Measures Voted On, the Number of Votes Given at Each Precinct for the Measures and Determining That a Majority and a Required Number of the Qualified Voters Voted in Favor of Measures K, L, M, N, O and P”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6f(2) Adoption of appropriation
ordinance and funding sources resolution amendments in the General fund for
Federal Weed and Seed Grant funds to support community improvement efforts in
the Washington neighborhood in the amount of $175,000. (Parks, Recreation and Neighborhood
Services/Police/City Manager’s Office)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated November 20, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Council Member Chavez noted the level of funding allocated to the two program positions and requested an accounting of the remaining funds and the programs to be funded. She asked Staff to provide a comprehensive analysis of each program and the correlation to the Strong Neighborhoods Initiative Program. Ordinance No. 26252, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $175,000 for Federal Weed and Seed Grant Funds to Support Efforts in the Washington Neighborhood and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70048, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted. Vote: 10-0-0-0-1. Vacant: District 5.
6f(3) Adoption of a resolution:
(a) Accepting
an irrevocable offer of dedication of parkland from Avalon Bay Communities,
Inc. for park purposes; and
(b) Authorizing
the City Manager to negotiate and execute a Parkland Agreement with Avalon Bay Communities, Inc. for Planned
Development Permit No. PD99-11-076.
CEQA:
Resolution No. 68748.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 20, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70049, entitled: “A Resolution of the Council of the City of San José Accepting an Irrevocable Offer of Dedication of Parkland From Avalon Bay Communities, Inc. for Park Purposes and Authorizing the City Manager to Negotiate and Execute a Parkland Agreement With Avalon Bay Communities, Inc.”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND
STANDING REPORTS
7b Report of the Rules Committee – Meeting of November 22, 2000
Documents Filed: Rules Committee Report of November 22, 2000.
(1) Review December 5, 2000 Draft Agenda
This item was dropped. – The meeting was cancelled.
(2) Add New Items to November 28, 2000 Amended Agenda. Attachment: Memo- random from Council Member Diaz, dated November 21, 2000, recommending an addition to the November 28, 2000 Council Agenda regarding the allocation of funds to perform an engineering study to determine the feasibility of stabilizing the hillside and reopening the Alum Rock Road entrance to Alum Rock Park.
The Committee referred Member Diaz’ request for an Alum Rock Park entrance engineering study to the budget process for consideration and recommended three additions to the November 28, 2000 City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated November 16, 2000, listing the items transmitted to the Administration for the period November 8-14, 2000.
The Committee noted and filed the Public Record for the period November 8-14, 2000.
(5) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(6) Oral communications
None Presented.
(7) Adjournment
The meeting was adjourned at 2:10 p.m. with Committee Members recognizing Member Manny Diaz, who has been elected to the California State Assembly, for his service on the Rules Committee.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Rules Committee Report and actions of November 22, 2000 were accepted. Vote: 10-0-0-0-1. Vacant: District 5.
7b Report of the Rules Committee - Meeting of November 29, 2000
Documents Filed: Rules Committee Report of November 29, 2000.
(1) Review December 12, 2000 Draft Agenda
The Committee approved the December 12, 2000 City Council Agenda with one addition.
(2) Add New Items to December 5, 2000 Amended Agenda
Dropped – Meeting Cancelled.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated November 22, 2000, listing the items transmitted to the Administration for the period November 15-21, 2000.
The Committee noted and filed the Public Record for the period November 15-21, 2000.
(5) Request by Council Member Alice Woody to use Council General Funds for National League of Cities’ Steering Committee expenses. Attachment: Memo- random from Council Member Woody, dated November 17, 2000, requesting the use of Council General Funds for the National League of Cities’ Steering Committee Expenses.
The Committee approved Council Member Woody’s request to use Council General funds to pay the remaining balance of $3,000 incurred when the National League of Cities’ Transportation and Infrastructure Steering Committee held its September 2000 meeting in San José.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(7) Oral communications
None Presented.
(8) Adjournment
The meeting was adjourned at 1:20 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Rules Committee Report and actions of November 29, 2000 were accepted. Vote: 10-0-0-0-1. Vacant: District 5.
7e Report of the Transportation and Environment Committee –
November 30, 2000
(1) Consent Calendar
(2) Staff Report on Taxi Cab Task Force
Report
(3) Oral petitions
(4) Adjournment
Documents Filed: None.
Discussion/Action: This item was deferred to December 19, 2000.
7f Report of the Education, Neighborhoods, Youth, and Seniors
Committee – November 20, 2000
Documents Filed: Education, Neighborhood, Youth, and Seniors Committee Report of November 20, 2000. Attachments: (1) Memorandum from Deputy City Manager, James Holgersson, dated November 15, 2000, submitting a report on options for further consolidation of Park management, which contains consolidation and coordination efforts across departmental lines to achieve Council objectives of clean, attractive, well maintained parks as well as more effective use of resources. (2) Memorandum from Chairperson, San José Youth Commission, Erica Garcia, dated November 8, 2000, submitting the 1999/2000 Workplan and a report on the Youth Commission activities for the month of October 2000. (3) Memorandum from Chair, San José Library Commission, Ernest Guzman, dated November 1, 2000, transmitting a review of Fiscal Year 1999-2000 Library Benefit Assessment District Expenditures. (4) Workplan of the Education, Neighborhood, Youth, and Seniors Committee for the period January through June 2001.
(1) Report on Parks Study
(2) Youth Commission Monthly Report for October 2000
(3) Annual Report of Library Commission Regarding Expenditure of Library Benefit Assessment District Funds
(4) Approval of the Education, Neighborhoods, Youth, and Seniors Committee Work Plan (January –July 2001)
(5) Oral petitions
Due to lack of a quorum, legal counsel advised that the Committee could forward items to the City Council.
(6) Adjournment
The meeting was adjourned at 1:55 p.m.
Discussion/Action: The Education, Neighborhoods, Youth and Seniors Committee Report, due to lack of a quorum, was forwarded to the City Council and heard on December 12, 2000. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee Report of November 20, 2000 was approved. Vote: 10-0-0-0-1. Vacant: District 5.
GENERAL GOVERNMENT
9a (1) Acceptance
of the follow-up reports related to potential service enhancements, revenue and
cost for the Recycle Plus Program.
(2) Acceptance of the report on labor peace
issues related to the Recycle Plus Program contracts.
(3) Acceptance of the report from the City
Auditor on review audit of all recommended Recycle Plus haulers operational and
capital adequacy and financial capability to perform.
(4) Authorization
for the City Manager to negotiate and execute contracts for the Recycle
Plus Program.
(Environmental
Services)
(Deferred
from 10/31/00 – Item 9d et al., and 11/28/00 – Item 9a)
Documents Filed: (1) Memorandum from Mayor Gonzales, Vice Mayor Fiscalini, and Council Members Dando and Powers, dated December 8, 2000, recommending Council approve the actions recommended therein. (2) Memorandum from Director of Environmental Services, Carl W. Mosher, dated December 8, 2000, recommending Council accept the report and adopt said resolution. (3) Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 30, 2000, recommending Council accept the follow-up report. (4) Memorandum from City Auditor, Gerald A. Silva, dated December 8, 2000, transmitting a report on “A Review Of The Recommended Contractors For The Recycle Plus 2002 Program”. (5) Memorandum from City Attorney, J. Richard Doyle, dated October 27, 2000, addressing and clarifying the labor policies in the RFP and the labor relations issues raised by the October 10, 2000 Council Meeting. (6) Electronic mail from San José residents asking Council to include in the new contract for garbage and waste pickup specific provisions for the hours of operation and for the collection of larger items.
Discussion/Action: Director of Environmental Services, Carl W. Mosher, referenced the four reports distributed to Council from the ESD Staff, the City Attorney, and the City Auditor concerning the development and implementation of the Recycle Plus! Proposals. He stated the original staff recommendation contained in the October 30, 2000 report to the City Council continues to be the Department’s recommendation for approval – the 2002 Recycle Plus Program – which forecasts that existing garbage rates can be maintained until Fiscal Year 2005-2006 with the service enhancements contained in the proposals previously approved by the City Council. He stated City customers will receive additional services, such as commingled recyclables with wheeled carts, low-cost mini-garbage cart option for single-family customers, yard-trimming cart option for single-family customers, increased street sweeping and the opportunity for increased recycling with multi-family customers, and reduced cost to the City with the recommended proposal. With approval of the actions proposed in the December 8, 2000 memorandum co-authored by Mayor Gonzales, Vice Mayor Fiscalini, and Council Members Dando and Powers, and as recommended in the October 30, 2000 staff report, he stated City Staff will (a) renegotiate the Recycle Plus! Contracts and return to Council in February 2001 for approval; (b) review and analyze all costs and services related to the Recycle Plus! Program and present rate, revenue, and service options to the City Council, specifically related to the 20-gallon mini-cart, yard-trimming cart subscription program, and a revenue-neutral restructuring of the multi-family rates associated with increased recycling with the multi-family component of the Program; (c) implement the recommendations as proposed in the Auditor’s Report; and (d) report to Council on a quarterly basis regarding transition activities involving the Recycle Plus! Program. Council Member LeZotte referenced the Auditor’s Report on the review of the recommended contractors for the Recycle Plus 2002 Program as a confirmation of her concerns regarding Norcal Waste Systems, Inc. and potential operational issues and uncertainties that could impact the recommended proposers’ financial capability and operational adequacy to perform under a Recycle Plus! 2002 contract, which would jeopardize the delivery of quality service to the City’s customers. City Manager, Del D. Borgsdorf, stated contract provisions will contain built-in check-points that comply with previously approved City Council policies and protect the City’s interests; in addition, quarterly reporting to the City Council will include updates on and resolutions to practical problems encountered with the contractors. He stated the Administration will return to Council with additional information on parking control measures to facilitate residential street sweeping service, costs to the City for billing and customer service, milestones in the transition plan and process, definitive levels of performance and repercussions when contractors fail to comply with the terms of the RFP, and a contingency plan that minimizes operational impacts. Amy Dean, representing South Bay Labor Council, AFL-CIO, and Bob Morales, representing Teamsters Union, spoke in support of the Staff recommendation. Ross Signorino spoke on billing expenditures associated with the Recycle Plus Program. William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diquisto and unanimously carried, (a) Staff recommendation as proposed in the December 8, 2000 memorandum that the follow-up reports related to potential service enhancements, revenue and cost for the Recycle Plus Program, was approved; (b) recommendations submitted in the December 8, 2000 memorandum from Mayor Gonzales, Vice Mayor Fiscalini, and Council Members Dando and Powers [1] directing the Administration to negotiate Recycle Plus! Contracts with the recommended companies and to return to the Council prior to executing the contracts, [2] deferring all issues related to rates, subscription costs for individual services, or service enhancements until the negotiated contracts and a thorough efficiency review of all City functions related to their implementation and oversight are brought back to the Council for review, [3] accepting the City Auditor’s review of all recommended haulers, which indicates that all three haulers are “financially sound, technically qualified and capable of acquiring essential capital equipment and financially and operationally capable of performing services they proposed.”; and [4] directing the Administration to comply with all recommendations contained in the Auditor’s report, were approved; and the City Manager authorized to negotiate and execute contracts for the Recycle Plus! Program. Vote: 10-0-0-0-1. Vacant: District 5.
9b Public Hearing and adoption
of a resolution approving a Disposition and Development Agreement (DDA) with
Concern for the Poor, Inc., or its designated affiliate, including business
terms for a conditional grant of up to $5,832,500 and bridge loan of up to
$5,232,500 for the acquisition of 2.2 acres of City-owned property and the
construction and permanent financing of 51 units of transitional rental housing
for extremely low-income families at the southeast corner of Las Plumas Avenue
and Nipper Avenue. CEQA: ND. (Housing)
(Deferred from 11/14/00 – Item 9d)
Documents Filed: None.
Discussion/Action: This item was deferred to January 16, 2001.
9c Direction to the City Attorney to prepare proposed revisions
to the sign ordinance to amend the sign ordinance policy provisions regarding
the size of construction signs and the amount of directional signs on large
sites, as well as to allow additional signage on large buildings Downtown. (Redevelopment Agency/Planning, Building and
Code Enforcement)
[Economic
and Community Development Committee referral 11/6/00 – Item 7d(2)]
(Deferred from 11/21/00 – Item 9b)
Documents Filed: See Economic and Community Development Committee Report of November 16, 2000, Item 7d(2).
Discussion/Action: This item was dropped.
9d Adoption of a resolution
approving a Minor Amendment to the Airport Master Plan to modify the terminal
area development projects. CEQA: Resolution No. 67380. (Airport)
Documents Filed: None.
Discussion/Action: This item was deferred to December 19, 2000.
9e Adoption of a resolution
authorizing the City Manager to negotiate and execute a consultant agreement
with Campbell-Hill Aviation Group, Inc., for air service and economic
development consulting services for the San José International Airport for the
period January 1, 2001, to June 30, 2001, with three (3) one-year options to
extend on a fiscal year basis to June 30, 2004, for a total amount not to
exceed $971,000, subject to annual appropriation of funding for the next year's
contract expense. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 20, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 70051, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Campbell-Hill Aviation Group, Inc., for Air Service and Economic Development Consulting Services for San José International Airport for a Period of January 1, 2001 Through June 30, 2001, With Three (3) One-Year Options to Extend to June 30, 2004, for a Total Amount Not to Exceed $971,000”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
9f Interview applicants to fill four vacancies
on the San José Appeals Hearing Board; (1) one four-year term ending 12/31/04
designated for an attorney; and (2) three four-year terms ending 12/31/04. (City Clerk)
Documents Filed: None.
Discussion/Action: This item was deferred to December 19, 2000.
9g Adoption of a resolution
certifying that:
(1) The
City of San José’s Revolving Loan Fund Plan is consistent with and supportive
of the area’s current economic adjustment strategy, and
(2) The
Revolving Loan Fund is being operated in accordance with the policies and
procedures contained in the RLF plan, and the loan portfolio meets the
standards contained therein (any exceptions are noted).
(Economic Development)
Documents Filed: Memorandum from Director of Economic Development, Leslie S. Parks, dated November 20, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 70052, entitled: “A Resolution of the Council of the City of San José Certifying That (1) the City’s Revolving Loan Fund is Consistent With and Supportive of the Area’s Current Economic Adjustment Strategy and (2) That the Revolving Loan Fund is Being Operated in Accordance With Certain Policies and Procedures”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
9h Adoption of a resolution:
(1) Approving
business terms for a conditional grant of up to $999,200, and an acquisition
and predevelopment loan of up to $2,220,800, to First Community Housing, or its
designated partnership, for the development of a 98-unit Single Room Occupancy
(SRO) project affordable to low-, very low- and extremely low-income
households, on an approximately .50 acre site located at the easterly corner of
Hamilton and Campbell Avenues.
(2) Approving
an additional fund reserve of up to $1,715,000 for construction financing for
the project.
(3) Finding
that the use of 20% Housing Funds for the project is of benefit to the
Redevelopment Project Areas in San José.
(Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated November 20, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Shirakawa, Jr. and unanimously carried, Resolution No. 70053, entitled: “A Resolution of the Council of the City of San José (i) Approving Business Terms For An Acquisition/Predevelopment Loan of Up to $2,220,800 and a Conditional Grant of Up to $999,200 to First Community Housing Or Its Designated Partnership for the Development of a 98-Unit Single Room Occupancy Housing Project Affordable to Low, Very Low, and Extremely Low Income Households Located at the Easterly Corner of Hamilton and Campbell Avenues; (ii) Approving An Additional Fund Reservation of Up to $1,715,000 for Construction Financing of the Project, and (iii) Finding That the Use of Redevelopment Tax Increment Funds for the Project is of Benefit to the Redevelopment Project Areas in the City of San José”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
9i (1) Approval
of the funding recommendation from the Healthy Neighborhoods Venture Fund
(HNVF) Advisory Committee for use of monies for Cycle 1 (2000-2001);
reservation of a portion of 2001-02 funding is also recommended to fund
multi-year projects.
(2) Direction to the City Attorney to draft
an ordinance to authorize the one-time transfer of $600,000 from the
Anti-Tobacco category to the Education/Health category for Cycle 2.
(Parks, Recreation and Neighborhood Services)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated December 11, 2000, recommending Council approve the recommendations of the Healthy Neighborhood Venture Fund Advisory Committee, including funding the City’s partnership with the Children’s Health Initiative for more than $3 million over the next three years. (2) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated December 18, 2000, recommending Council approve the funding recommendation from the Healthy Neighborhoods Venture Fund Advisory Committee and direct the City Attorney to draft an ordinance authorizing the one-time transfer of funds from the Anti-Tobacco category to the Education/Health Category for Cycle 2. (3) Electronic Mail from Robert J. Hennessy, Executive Director San José Conservation Corps, dated December 11, 2000 and December 6, 2000, urging Council to support the YouthBuild Program funding request for $150,000; and from Richard Calhoun, dated December 12, 2000, requesting approval for a grant proposal to install smoke alarms in every bedroom and hallway in the City of San José.
Discussion/Action: Referencing the projects that received qualifying scores and were not funded, Council Member LeZotte queried Staff on the Committee’s recommendation for the Asian-American Recovery Services organization and whether the group was directed to an available funding source. Director of Parks, Recreation and Neighborhood Services, Mark Linder, stated the number of applications exceeded the amount of money to be appropriated; however, the group is scheduled to meet with City Staff to explore options through City and private funding sources. For the public record, Council Member Shirakawa, Jr. asked Staff to explain the general strategies for the 18-month funding and whether the applicants understand the expectations and the process. Mark Lindner stated the 18-month funding is proposed for many projects, often at a level below the request, and approval of refined project and outcome measures is required prior to Cycle 2 funding. As a point of clarification, City Attorney, J. Richard Doyle stated the ordinance authorizing the transfer of the $600,000 would be prepared for Council action on December 19, 2000. The following individuals spoke in favor of the Committee’s proposed use for the Healthy Neighborhoods Venture Fund monies: Ken Fuller and Esteban Vasquez, representing Youth Builders of San José; Bernie Quintero, representing San José Conservation Corps; Amy Dean, representing South Bay AFL-CIO Labor Council; Ben Menor, Filipino-American Opportunities Development Council, Inc.; Georgia Basil, representing Senior Adults Legal Assistance; Mike Rezar of the Tooth Mobile; Pam Steinke of the Alzheimer’s Activity Center/Respite Research for Alzheimer Disease; Louie Rocha, President, Communications Workers of America, Local 9423; Forrest Nixon, San José Federation of Teachers; Harry Adams, SEIU, Local 715; Father Bill Leininger, Interfaith Committee; Leona Butler, CEO, Santa Clara Family Health Plan; Anne M. Mack, representing Federation Of Retired Union Members (FORUM); Maria Loga, representing Justice For Janitors, Local 1877; Susan Prue-Jang, Beth Gonzales, and Father Mike Ravencamp of Trinity Church, representing P.A.C.T.; Phil Espejo, representing Asian American Recovery Service, Inc.; Sherri Sager, representing Lucile Packard Children’s Hospital; Aminah Jahi, representing Alliance of African-American Community Organizations; Regina Stanback-Stroud, representing Santa Clara County Black Chamber of Commerce; Ross Signorino; and S. Claus, who presented to each Council Member a stocking containing a child’s letter to St. Nick. Robert Hennessy, Executive Director of San José Conservation Corps, asked Council to increase the organization’s funding to $150,000 for a six-month period and to $300,000 thereafter; thereby, enabling the Corps. to retain current staffing levels. Terry Gregory and William J. Garbett spoke against the proposed action. Noting approval of the recommendations of the Advisory Committee, Council Member Woody stated the Committee made the following Policy recommendations: (1) One-time transfer of $600,000 should take place between the Anti-Tobacco/Health and Education/Health categories prior to Cycle 2; since the City Council set the allocation of funds by ordinance, a change to that allocation will need to be accomplished by ordinance. (2) A policy should be set requiring programs funded by the HNVF source to agree not to apply for or accept funds from the tobacco industry. (3) Membership of the HNVF Advisory Committee should remain intact for the Cycle 2 and a staggered rotation of members should be established beginning with Cycle 3. (4) Percentage allocations for each category should be reviewed and appropriate recommendations made to the City Council prior to Cycle 3. (5) Staff should provide additional assistance to future applicants by developing clearer procedures for reviewing collaborative projects and providing assistance to specific programs. Upon motion by Council Member Woody, seconded by Council Member Powers and unanimously carried, the funding recommendation from the Healthy Neighborhoods Venture Fund Advisory Committee for use of monies for Cycle 1 was approved, including funding the City’s partnership with the Children’s Health Initiative for more than $3 million over the next three years; and the City Attorney directed to draft an ordinance for Council approval on December 19, 2000 authorizing the one-time transfer of $600,000 from the Anti-tobacco category to the Education/Health category for Cycle 2. Vote: 10-0-0-0-1. Vacant: District 5.
9j Acceptance of the report
related to the impact of cardroom gambling on crime in the City of San José for
the period July 1,1999 to June 30, 2000.
(Police)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated December 11, 2000,
recommending Council accept the Police Department’s annual review of the impact
of Cardroom Gambling on Crime in the City of San José. (2) Memorandum from Chief of Police William M. Lansdowne, dated November 21, 2000, recommending Council accept the report
related to the impact of cardroom gambling on crime in the City of San José for
the period July 1, 1999 to June 30, 2000. (3) Hard copy of the PowerPoint
presentation to Council on the Annual Review of the Impact of Cardroom Gambling
On Crime In the City of San José, submitted by Chief of Police Lansdowne.
Discussion/Action: Chief of
Police William M. Lansdowne introduced Police Lieutenant Daniel M. Katz,
Commander of the Vice Intelligent Unit, as the Officer who actually oversees
the cardroom enforcement program. As required by the San José Municipal Code, Chief Lansdowne
presented a comprehensive summary of the annual report prepared on
cardroom activities and the impact cardroom gambling has on the overall well
being of the City of San José. Spanning a period from July 1, 1999 to June 30,
2000, he summarized crime statistics pertaining to activity at Sutter’s Place
(dba Bay 101) and Garden City, reviewed the number of reported incidents
occurring at these facilities since fiscal years 1994-2000, and compared
statistics of the two card clubs with cardroom criminal activity data compiled
by four other Bay Area law enforcement jurisdictions. With respect to recent
Grand Jury indictments involving both San José cardrooms, he stated the Santa
Clara Grand Jury issued on April 28, 2000 a 168-count indictment charging 55
defendants for felonies associated with activities at San José cardrooms, and
released on October 25, 2000 a 36-count indictment charging 14 defendants with
loan sharking, extortion, and grand theft for crimes committed during fiscal
year 1999-2000. He stated the full impact of the Grand Jury Indictments is yet
to be determined, however, increased patron and community confidence in law
enforcement is evidenced by the willingness of the citizenry to report to law
enforcement any concerns relating to the cardrooms. Regarding regularly schedule
meetings and training, he stated open discussions continue between cardroom
management and the City through monthly meetings held separately with each
cardroom, and that training for cardroom personnel, for the purpose of
identifying violations specific to their duties, has been implemented by the
Department’s Cardroom Team and will continue and should improve the City’s
ability to administer gaming regulations. He stated crime continues to occur at
cardrooms operating in the City of San José, and that the implementation of new
regulations, coupled with increased community participation and cooperation of
cardroom management, assists law enforcement in more effective detection and
prosecution of criminal activities. Frank R. Ubhaus, representing Garden City,
and Michael Reedy and Jackie Rose, representing Bay 10l, disagreed with the
report of the Police Department. Ross Signorino commented on the report and the
City’s dependency upon revenue from gambling casinos. Upon motion by Council
Member Shirakawa, Jr., seconded by Council Member Chavez and unanimously
carried, the recommendations proposed by Mayor Gonzales and Police Chief
Lansdowne in memoranda dated December 11, 2000 and November 21, 2000 to accept
the Police Department’s annual review of the impact of cardroom gambling on
crime in the City of San José for the period July 1, 1999 to June 30, 2000,
were approved. Vote: 10-0-0-0-1. Vacant: District 5.
9k Report on bids and award
of contract for the Parque de la Amistad Renovation to the low bidder, Robert
A. Bothman, Inc., in the amount of $524,405, and approval of a contingency in
the amount of $52,000. CEQA: Exempt. (Public Works)
Documents Filed: (1) Supplemental memorandum from Deputy Director of Public Works, Gordon Siebert, dated November 20, 2000, recommending Council accept the report on bids and award said contract to Robert A. Bothman, Inc., the low bidder, and approve the contingency amount. (2) Memorandum from Deputy Director of Public Works, Gordon Siebert, dated November 20, 2000, recommending Council accept the report on bids and award said contract to the low bidder and approve a ten-percent contingency.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the report on bids was accepted, award of contract to Robert A. Bothman, Inc., the low bidder, and the contingency amount, were approved and execution of the contract authorized. Vote: 10-0-0-0-1. Vacant: District 5.
9l Acceptance of staff’s
report on the Taxi Cab Task Force’s Report.
(City Manager’s Office)
[Transportation and Environment Committee
referral 11/30/00 – Item 7e(2)]
Documents Filed: None.
Discussion/Action: This item was deferred to December 19, 2000.
9m Continued discussion of the San José Municipal Water System.
(City
Manager's Office)
(Referred
from Study Session 11/29/00)
Documents Filed: None.
Discussion/Action: This item was deferred to December 19, 2000.
9n (1) (a) Approval of an ordinance amending Title 9 to add a new Chapter regarding the prevention