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,
Diquisto, Fiscalini, LeZotte, Matthews, Powers, Woody; Gonzales
Absent:
Council Members: Dando, Diaz,
Shirakawa, Jr. (all excused)
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 the cases of In re Scully; In re Shigemasa; Rome Enterprises, et al. v. City of San José; Goode, et al. v. City of San José, et al.; and Lampkin v. City of San José; and (B) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator City Manager designee Alex Gurza and the San José Police Officers’ Association and International Association of Firefighters Employee Organizations.
By unanimous consent,
Council reconvened from Closed Session and recessed at 11:50 a.m. and
reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present:
Council Members: Chavez, Dando,
Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa Jr., Woody;
Gonzales
Absent:
Council Members: None.
INVOCATION
Pastor C. Ernest Brooks, Immanuel Lutheran Church, delivered the invocation.
(District 6)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Presentation
of a commendation to Assistant City Manager Debra Figone for receipt of the
Santa Clara Valley American Society of Public Administration's Outstanding
Public Administrator Award. (City
Manager's Office)
Documents Filed: None.
Discussion/Action: Joining Mayor
Gonzales at the Podium, Dr. Frannie Winslow, Director of Emergency Services
presented the commendation to Assistant City Manager Debra Figone who was
recently selected by her colleagues to receive the Outstanding Public Administrator Award in recognition of her
accomplishments in developing a new budgetary process in the City of San José.
Dr. Winslow stated this award is presented to Deb Figone as one who personifies
the highest level of public service qualities in the management of City
resources and services that respond effectively and efficiently to the needs of
the community. On behalf of the City Council, Mayor Gonzales presented a
commendation to Debra Figone in appreciation for her outstanding performance
and in recognition of her achievements acknowledged by the Greater Santa Clara
County Valley Chapter of the American Society of Public Administrators.
5b Presentation of a
commendation to the Rotary Club of San José North honoring their 20th
year of service to the City of San José.
(LeZotte)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales
at the Podium, Council Member LeZotte introduced Rotarians Jim Ballard, Robert
and Sue Bebb, and Ken McLaughlin, who accepted the commendation honoring the
local Rotary Club’s 20th Anniversary. Mayor Gonzales acknowledged
Ken McLaughlin as the Organization’s first President and its President to serve
during the organization’s 20th year, and expressed appreciation to
the service organization for its outstanding contributions and ongoing
commitment to the people of the San José community.
5c Presentation of
commendations to Bertha Taylor Elementary School, Blossom Valley Elementary
School, and Julia Baldwin Elementary School for being selected as California
Distinguished Elementary Schools.
(Powers)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium,
Council Member Powers presented commendations to School Principals Patsy
vanEttinger of Taylor, Risa Quon representing Blossom Valley, and Sue
Galbreath-Sly of Baldwin. Oak Grove School District Superintendent Manny
Barbara thanked the City of San José for the recognition of the schools’
academic achievements and congratulated each Elementary School for being
selected a California Distinguished Elementary School. Mayor Gonzales
acknowledged the hard work and commitment of school administrators, faculty,
staff members and parents, and asked them to stand and be recognized.
5d Presentation of a
commendation to Steven T. Tsurumoto for being selected to participate in the
First Annual “Take a Teen to Kennedy Space Center Program.” (Powers)
(Rules Committee referral 6/14/00)
Documents Filed:
Discussion/Action: Joining Mayor Gonzales at the Podium,
Council Member Powers acknowledged the achievements of and presented the
commendation to Steven Tsurumoto. Mayor Gonzales introduced the parents of the
honoree, who were asked to stand and be recognized.
5e Recognition of the
City’s Finance Department’s award for excellence in financial reporting for
fiscal year ending 1999 from the Governmental Finance Officers
Association. (Woody)
(Rules Committee referral 6/14/00
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium,
Council Member Woody acknowledged the hard work and commitment of the Finance
Department Staff represented by Acting Finance Director Mark Burton, and José
Garcia, Winnie Roosenboom, and Kathleen Stagi, and the publication of the 83rd
Comprehensive Annual Financial Report, in compliance with accepted accounting
procedures and legal requirements. As Chair of the Finance and Technology
Committee, Council Member Woody stated the City’s Finance Department has
received the Association’s prestigious award for 12 consecutive years - the
Certificate of Achievement for Excellence in Financial Reporting. Mayor
Gonzales congratulated the employees for their outstanding performance.
Council Member Powers left Chambers at this point in the meeting.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini seconded by Council Member Shirakawa, Jr. and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: Powers.
Ordinances for Final Adoption
6b(1) ORD. NO. 26133 –
Amends Title 9 of the San José Municipal Code to amend Section 9.10.820 of
Chapter 9.10 and to add a new Chapter 9.11 to set forth requirements regarding
wood burning appliances and prohibited fuels.
Documents Filed: (1) Memorandum from City Attorney, J.
Richard Doyle dated June 14, 2000, responding to the request for additional
information on the provisions of a similar ordinance enacted by the City of
Petaluma. (2) Proof of publication of the
title of Ordinance No. 26133 executed on June 13, 2000, submitted by the City
Clerk.
Discussion/Action: Loel McPhee, representing Audiron
Technologies, spoke on wood smoke abatement. Ordinance No. 26133 was adopted. Vote:
10-0-1-0. Absent: Powers.
6b(2) ORD. NO. 26135 –
Rezones certain real property situated on both sides of North First Street
between the Alviso-Milpitas Road (SR-237) and Grand Boulevard. PDCSH 99-06-054
Documents Filed: Proof
of publication of the title of Ordinance No. 26135 executed on June 13, 2000,
submitted by the City Clerk.
Discussion/Action: Ordinance No. 26135 was adopted. Vote:
10-0-1-0. Absent: Powers.
6b(3) ORD. NO. 26136 –
Approves the development agreement between the City of San José and Cisco
Systems, Inc. relative to the development of property in North San José.
Documents Filed: Proof
of publication of the title of Ordinance No. 26136 executed on June 13, 2000,
submitted by the City Clerk.
Discussion/Action: Ordinance No. 26136 was adopted. Vote:
10-0-1-0. Absent: Powers.
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 04/11/00 – Item 6c(1)]
Documents Filed:
None.
Discussion/Action: This item was deferred to August 1, 2000.
Plans and Specifications
6d(1) TRACT NO. 9136 - Dow Drive - north of Canoas Creek - Standard Pacific Corporation
(Developer) - 84 single family detached residential units. Adoption of a
resolution approving the final map for Tract No. 9136. CEQA: ND. District
6. (Public Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated June 13, 2000, recommending Council adopt said
resolution for Tract No. 9136.
Discussion/Action: Resolution No. 69664, entitled: “A
Resolution of the Council of the City of San José Approving and Accepting Final
Map of Tract No. 9136”, was adopted. Vote: 10-0-1-0. Absent: Powers.
6d(2) TRACT NO. 9250 - Northeast corner of Lewis Road and Wall
Street - Core Development, Inc., a California Corporation; Roem Development
Corporation, a California Corporation (Developer) - 24 single family detached
residential units. Approval of a
parkland agreement and adoption of resolutions approving the plans, final map,
and contract for Tract No. 9250.
CEQA: ND. District 7.
(Public
Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated June 13, 2000, recommending Council approve the parkland
agreement and adopt said resolutions for Tract No. 9250.
Discussion/Action: The parkland agreement was approved and its
execution authorized, and Resolution No. 69665, 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. 9250”; Resolution No. 69666,
entitled: “A Resolution of the Council of the City of San José Approving and
Accepting Final Map of Tract No. 9250”; and Resolution No. 69667, 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. 9250”, were adopted. Vote: 10-0-1-0. Absent:
Powers.
6d(3) TRACT NO. 9268 – West
side of Boynton, southerly of Kiely Boulevard - GND Partners, LLC, a North
Carolina Limited Liability Company (Developer) - 7 single family
attached/detached residential units.
Approval of a parkland agreement and adoption of resolutions approving
the plans, final map, and contract for Tract No. 9268. CEQA:
ND. District 1. (Public Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated June 13, 2000, recommending Council approve the
parkland agreement and adopt said resolutions for Tract No. 9268.
Discussion/Action: The parkland agreement was approved and its
execution authorized, and Resolution No. 69668, 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. 9268”; Resolution No. 69669,
entitled: “A Resolution of the Council of the City of San José Approving and
Accepting Final Map of Tract No. 9268”; and Resolution No. 69670, 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. 9268”, were adopted. Vote: 10-0-1-0. Absent:
Powers.
Contracts/Agreements
6e(1) Approval of a sixth amendment to the license agreement with
Mobilemedia, Inc. for the operation and maintenance of two (2) ceiling-mounted
television units above Terminal A baggage claim carousels to broadcast
SportsChannel programming and to sell and display advertising on the mounting
units, to extend the term on a month-to-month basis through June 30, 2001, with
an expected annual revenue of at least $14,400. CEQA: Exempt. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph
G. Tonseth, dated May 30, 2000, recommending Council approve the sixth
amendment to said agreement.
Discussion/Action: The sixth amendment to the license
agreement with Mobilemedia, Inc., was approved and execution of the amendment
authorized. Vote: 10-0-1-0. Absent: Powers.
6e(2) Approval of employment
agreements with Council Assistants Brian Bennert and John Salois. (City
Clerk/Diquisto)
Documents Filed: None.
Discussion/Action: The employment agreements with Council
Assistants Brian Bennert and John Salois were approved and execution of the
agreements authorized. Vote: 10-0-1-0. Absent: Powers.
6e(3) Approval of a first
amendment to the consultant agreement with EOA, Inc. to continue to perform
Advanced Regulatory Analysis, extending the term of the agreement from June 30,
2000 to June 30, 2001, at no additional cost to the City. (Environmental Services)
Documents Filed: (1) Memorandum from Director of
Environmental Services, Carl W. Mosher, dated May 30, 2000, recommending
Council approve the first amendment to said consultant services agreement. (2)
Supplemental report from San José/Santa Clara Water Pollution Control Plant,
Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated June 9,
2000, recommending approval of the first amendment to the consultant services
agreement.
Discussion/Action: The first amendment to the consultant
services agreement with EOA, Inc., was approved and execution of the amendment
authorized. Vote: 10-0-1-0. Absent: Powers.
6e(4) Approval of a first
amendment to the consultant agreement with Karin Grobe for technical assistance
services for the Agriculture in Partnership Program, extending the term of the
agreement from August 1, 2000 to August 1, 2002, and increasing the
compensation by $25,000, from $36,448 to $61,448. (Environmental Services)
Documents Filed:
Memorandum from Director of Environmental Services, Carl W. Mosher,
dated May 30, 2000, recommending Council approve the first amendment to said
consultant services agreement.
Discussion/Action: The first amendment to the consultant
services agreement with Karin Grobe was approved and execution of the amendment
authorized. Vote: 10-0-1-0. Absent: Powers.
6e(5) Approval of award of open
purchase orders for supplies, materials, equipment, and services for FY
1999-2000 #40, 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
May 30, 2000, recommending Council approve said open purchase orders
list, and authorize the Director of General Services to execute the purchase
orders.
Discussion/Action: The award of open purchase orders List No. 40 for Fiscal Year 1999-2000 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Powers.
6e(6) Report on bids and award the purchase of one (1) 19,000-pound cab
and chassis with a flatbed type body for the Department of Streets and Traffic
to the lowest responsive bidder, S & C Ford, in the amount of $80,709.50,
including tax and delivery, and authorization for the Director of General
Services to:
(a) Execute the purchase order for the
immediate purchase of one (1) unit.
(b)) Execute the purchase order for the
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 May 30, 2000, recommending Council accept the
bid report and award said purchase to the lowest responsive bidder, and
authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The report on bids was accepted and award
of purchase to S & C Ford, the lowest responsive bidder was approved and
execution of the purchase orders authorized. Vote: 10-0-1-0. Absent:
Powers.
6e(7) Award the purchase of 500 Virco brand folding tables and 2,000
folding chairs to Virco Manufacturing Corporation for the Department of
Conventions, Arts and Entertainment for a total cost of $142,695.15, including
tax and freight, as a sole source purchase, and authorization for the Director
of General Services to execute the purchase order. (General Services)
Documents Filed: Memorandum from Director of General
Services, Steve S. Yoshino, dated May 30, 2000, recommending Council award said
purchase to Virco Manufacturing Corporation, as a sole source purchase, pursuant to Section 4.12.030.D of the San
José Municipal Code, and authorize the Director of General Services to execute
the purchase order.
Discussion/Action: The award of contract to Virco
Manufacturing Corporation, as a sole source purchase, was approved and
execution of the purchase order authorized. Vote: 10-0-1-0. Absent:
Powers.
6e(8) Report on a bid and award the purchase of two (2) 1,800-gallon
water tanks for the Department of Streets and Traffic to the sole bidder,
West-Mark, in the amount of $79,655.50, including tax and delivery, and
authorization for the Director of General Services to:
(a) Execute the purchase order for the
immediate purchase of two (2) units.
(b) Execute the purchase order for the
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.
(c) Approval of a contingency of $4,000 for
unforeseen engineering requirements that may arise subsequent to the
publication of the bid specifications.
(General
Services)
Documents Filed: Memorandum from Director of General
Services, Steve S. Yoshino, dated May 30, 2000, recommending Council accept the
bid report and award said purchase to the sole bidder, and authorize the
Director of General Services to execute the purchase orders.
Discussion/Action: The report on bids was accepted and award
of purchase to West-Mark, the sole bidder, was approved and execution of the
purchase order authorized. Vote: 10-0-1-0. Absent: Powers.
6e(9) Adoption of a resolution authorizing the Director of General
Services to execute all documents necessary for the donation of two (2) fire
vehicles with a total value of $10,000 to the following volunteer fire support
organizations:
(a) Fire Associates of Santa Clara Valley.
(b) San José Search and Rescue Team, Inc.
(General
Services)
Documents Filed: Memorandum from Director of General
Services, Steve S. Yoshino, dated May 30, 2000, recommending Council adopt said
resolution.
Discussion/Action: Resolution No. 69671, entitled: “A
Resolution of the Council of the City of San José Approving the Donation of Two
Surplus Fire Vehicles to Fire Associates of Santa Clara Valley and San José
Search and Rescue Team, Inc.”, was adopted. Vote: 10-0-1-0. Absent:
Powers.
6e(10) Adoption of a resolution
authorizing the Director of General Services to execute all documents necessary
for the donation of one (1) surplus cargo van with a total value of $2,000 to
Second Harvest Food Bank Program to be operated by and with title to be held by
the Friendship Church of God in Christ. (General Services)
Documents Filed:
Memorandum from Director of General Services, Steve S. Yoshino, dated
May 30, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69672, entitled: “A
Resolution of the Council of the City of San José Approving the Donation of One
Surplus Cargo Van to the Second Harvest Food Bank Program to Be Operated By and
Title to Be Held By Friendship Church of God in Christ”, was adopted.
Vote: 10-0-1-0. Absent: Powers.
6e(11) Approval of a first amendment to the Parkland Agreement with Green
Valley Corporation, a California Corporation for Tract No. 9204 in order to
correct the fee calculation. CEQA: ND.
(Public Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated May 30, 2000, recommending Council approve the first
amendment to said agreement for Tract No. 9204.
Discussion/Action: The first amendment to the parkland
agreement with Green Valley Corporation for Tract No., 9204 was approved and
execution of the amendment authorized. Vote: 10-0-1-0. Absent: Powers.
6e(12) Report on bids and award of contract for the Koch Lane Sanitary
Sewer Rehabilitation Project to the low bidder, Preussag Pipe Rehabilitation,
Inc., in the amount of $132,088 and approval of a contingency in the amount of
$13,000. CEQA: Exempt.
(Public Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated May 30, 2000, recommending Council accept the bid
report and award said contract to the low bidder.
Discussion/Action: The report on bids was accepted and award
of contract to Preussage Pipe Rehabilitation, Inc., the low bidder, was
approved and execution of the contract authorized. Vote: 10-0-1-0.
Absent: Powers.
6e(13) Approval of a first amendment to the agreement with Robert Bein,
William Frost & Associates, Inc. for the Wooster Avenue Bridge Replacement
Project and the Trimble Road Bridge Widening Project, increasing the
compensation by $15,000, from $50,000 to $65,000, and extending the term of the
agreement from July 1, 2000 to December 31, 2001. (Public Works)
Documents Filed:
Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May
30, 2000, recommending Council approve the first amendment to said agreement.
Discussion/Action: The first amendment to the agreement with Robert Bein, William Frost & Associates, Inc., was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Powers.
6e(14) Approval of continuation agreements with the following consultants
for the preparation of Project Study Reports, extending the term of the
agreements from July 1, 1999 to December 31, 2000, at no additional cost to the
City:
(a) Rajappan and Meyer Consulting Engineers,
Inc. relating to the upgrade of the Route 101 interchange at DeLaCruz
Boulevard.
(b) Brian
Kangas Foulk relating to the upgrade of the Route 101 interchange at Tully
Road.
(c) Parsons Transportation Group, Inc.
relating to the upgrade of the Route 880 interchange at Coleman Avenue.
(Public
Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated May 30, 2000, recommending Council approve said
consultants’ agreements.
Discussion/Action: The continuation agreements with Rajappan and Meyer Consulting Engineers, Inc.,
Brian Kangas Foulk, and Parsons
Transportation Group, Inc., were approved and execution of the
consultants’ agreements authorized. Vote: 10-0-1-0. Absent: Powers.
6e(15) Approval of a cooperation agreement with Caltrans for the
construction, monitoring, and maintenance of riparian mitigation related to the
Route 87 Freeway Project, at no anticipated cost to the City. CEQA:
Resolution No. 65071.
(Public
Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated May 30, 2000, recommending Council approve said
cooperation agreement.
Discussion/Action: The cooperation agreement with Caltrans was
approved and its execution authorized. Vote: 10-0-1-0. Absent: Powers.
6e(16) Report on bids, waiver of minor irregularity in the low bid, and
award of contract for the construction of the Capitol Expressway Landscape Improvements
Project to the low bidder, Lone Star Landscape, Inc., in the amount of
$133,095, and approval of a $13,000 contingency. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated June 15, 2000, recommending Council accept the bid
report and approve the waiver of minor irregularity in the low bid and award
said contract to the low bidder.
Discussion/Action: The report on bids was accepted, the minor
irregularity in the low bid was waived, and award of contract to Lone Star
Landscape, Inc. the low bidder was approved, and execution of the contract
authorized. Vote: 10-0-1-0. Absent: Powers.
6e(17) Approval to reject all bids for the History Museum of San José
Electric Light Tower Renovation Project, and authorization for the Director of
Public Works to re-advertise and re-bid the project at a later date. CEQA:
Resolution No. 66098. (Public
Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated May 30, 2000, recommending Council reject all bids
for the project and authorize the Director of Public Works to readvertise and
rebid the project.
Discussion/Action: The recommendation to reject all bids and
readvertise and rebid the renovation project was approved. Vote: 10-0-1-0.
Absent: Powers.
6e(18) Approval to reject the sole bid as noncompetitive for the
Convention Center Terraces Waterproofing Project. (Public Works)
Documents Filed: Supplemental memorandum from Director of
Public Works, Ralph A. Qualls Jr., dated June 13, 2000, recommending Council
reject the sole bid as noncompetitive.
Discussion/Action: The recommendation to reject the sole bid
as noncompetitive for the Convention Center Terraces waterproofing project was
approved. Vote: 10-0-1-0. Absent: Powers.
Routine Legislation
6f(1) Adoption of a resolution determining that public use and
necessity require the acquisition of certain property owned by James Sweet,
located on the west side of Kettmann Road south of Dashwood Avenue, and
directing the filing of an eminent domain action. CEQA: ND. (Public Works)
[Deferred from 5/16/00 – Item 6f(5) et al.,
and 6/6/00 – Item 6f(3)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated April 26, 2000, recommending Council adopt said
resolution.
Discussion/Action: Property owner James Sweet opposed the
acquisition of his property for the proposed development. As a point of
clarification, Director of Public Works, Ralph A. Qualls Jr. stated the
right-of-way acquisition of the Sweet property is necessary for the existing
storm sewer easement line to be used in the proposed 15-unit project
development; however, should Council approve the proposed action, City Staff
will continue dialogue with the property owner. Resolution No. 69673, entitled:
“Resolution of Necessity of the Council of the City of San José Making Certain
Findings and Determinations Relating to the Exercise of the Power of Eminent
Domain Pursuant to Article 2, Chapter 4, Title 7 of Part 3 of the California
Code of Civil Procedure for the Following Project: Chamberlain Drive Project;
Authorizing and Empowering the City Attorney to Bring An Action in Eminent
Domain to Acquire Certain Property For Said Project and to Apply For An Order
of Possession Before Judgment and to Prosecute Said Action to Final Judgment;
and Authorizing and Empowering the Deposit of Money in Court for Possession of
Said Property From the Funds Lawfully Available Therefore”, was adopted. Vote:
10-0-1-0. Absent: Powers.
6f(2) Adoption of a resolution determining that public use and
necessity require the acquisition of a portion of a parcel of land owned by
Vincent R. Maestri, et al, together with a right of entry over a portion of the
remainder of the property located at 2050 North First Street, and directing the
City Attorney to file an eminent domain action. CEQA: Resolution No. 67567.
(Public Works)
Documents Filed: None.
Discussion/Action: This item was
deferred to June 27, 2000.
6f(3) Adoption of a resolution determining that public use and
necessity require the acquisition of a portion of a parcel of land owned by
Vincent R. Maestri, et al, together with a right of entry over a portion of the
remainder of the property located at 2040 North First Street, and directing the
City Attorney to file an eminent domain action. CEQA: Resolution No.
67567. (Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred to June 27, 2000.
6f(4) Adoption of a resolution determining that public use and necessity
require the acquisition of a portion of a parcel of land owned by Arthur B.
Penniman and Anne W. Penniman, Trustees, with a right of entry over a portion
of the remainder of the property located at 2116 North First Street, and
directing the City Attorney to file an eminent domain action. CEQA:
Resolution No. 67567. (Public
Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated May 30, 2000, recommending Council adopt said
resolution.
Discussion/Action: Resolution No. 69674, entitled: “Resolution
of Necessity of the Council of the City of San José Making Certain Findings and
Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant
to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil
Procedure for the Following Project: North First Street Widening Project;
Authorizing and Empowering the City Attorney to Bring An Action in Eminent
Domain to Acquire Certain Property For Said Project and to Apply For An Order
of Possession Before Judgment and to Prosecute Said Action to Final Judgment;
and Authorizing and Empowering the Deposit of Money in Court for Possession of
Said Property From the Funds Lawfully Available Therefore”, was adopted. Vote:
10-0-1-0. Absent: Powers.
6f(5) Adoption of a resolution determining that public use and
necessity require the acquisition of a portion of a parcel of land owned by Leo
W. Pursley, as Successor Trustee to John A. Pursley, Deceased, Original Trustee
and as Trustee under the Merle Pursley 1993 Living Trust, with a right of entry
over a portion of the remainder of the property located at 2108 North First
Street, and directing the City Attorney to file an eminent domain action. CEQA:
Resolution No. 67567.
(Public
Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated May 30, 2000, recommending Council adopt said
resolution.
Discussion/Action: Resolution No. 69675, entitled: “Resolution
of Necessity of the Council of the City of San José Making Certain Findings and
Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant
to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil
Procedure for the Following Project: North First Street Widening Project;
Authorizing and Empowering the City Attorney to Bring An Action in Eminent
Domain to Acquire Certain Property For Said Project and to Apply For An Order
of Possession Before Judgment and to Prosecute Said Action to Final Judgment;
and Authorizing and Empowering the Deposit of Money in Court for Possession of
Said Property From the Funds Lawfully Available Therefore”, was adopted. Vote:
10-0-1-0. Absent: Powers.
6f(6) Approval of the Fiscal Years 1998-1999 and 1999-2000 San José
Arena Management Normal Capital Repairs and Replacements and Parking Capital
Repairs and Replacements Budgets. (San
José Arena Authority)
[Deferred from 6/13/00 – Item 6f(5)]
Documents Filed:
None.
Discussion/Action:
This item was deferred to June 27, 2000.
Council Member Powers returned to Chambers at
this point in the meeting.
Council Member Chavez left Chambers at this
point in the meeting.
7b Report of the Rules
Committee – June 7, 2000
Documents Filed:
Rules Committee Report of June 7, 2000 meeting.
(1) Review
June 20, 2000 Draft Agenda
The Committee approved the June
20, 2000 City Council Agenda with three additions and four changes.
(2) Add
New Items to June 13, 2000 Amended Agenda
The Committee recommended one addition
to the June 13, 2000 City Council Agenda.
(3) Meeting
Schedules
None Presented.
(4) The
Public Record. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn,
dated June 1, 2000, listing the items filed for the Public Record for the period
May 24-30, 2000. (2) Memorandum from Acting Council Liaison, Deanna J. Santana,
dated June 5, 2000, stating there were no items transmitted to the
Administration and filed for the Public Record for the period May 24-30, 2000.
The Committee noted and filed the
Public Record for the period May 24-30, 2000.
(5) Council
Referrals for Assignment to Appropriate Committee, Administration, or Council
Appointee
None Presented.
(6) Oral
communications
William Garbett commented on the Public
Record.
(7) Adjournment
The meeting was adjourned at 2:05 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini,
seconded by Council Member Powers and unanimously carried, the Rules Committee
Report and actions of June 7, 2000 were accepted. Vote: 10-0-1-0. Absent:
Chavez.
7c Report of the Finance
and Technology Committee – June 14, 2000 – (Partial)
Documents Filed: Partial Finance and Technology Committee
Report of June 14, 2000.
(3) Capital
Facilities Financing Strategy
The Committee recommended acceptance of the
staff report with direction that List A be forwarded to the City Council for
further discussion on June 20, 2000; and that a bond measure for the November
2000 ballot be recommended and that the City’s Charter be used.
Discussion/Action: See Item 9u for Council action taken.
7d Report of the Economic
and Community Development Committee – June 5, 2000
Documents Filed: Economic and Community Development
Committee Report of June 5, 2000 meeting.
(1) Approval
of Recommendation on Arts Venture Grants. Attachment: Memorandum from Director
of Conventions, Arts and Entertainment, Nancy Johnson, dated May 19, 2000,
recommending Council approve the Arts Commission recommendation to adopt a
resolution authorizing the City Manager to negotiate and execute Arts Venture
Grant agreements with nine organizations.
The Committee recommended approval
of the Arts Commission’s recommendation on the Arts Venture Grant agreements.
Discussion/Action: See Item 9k for Council action taken.
(2) Approval
of Recommendation for FY 2000-01 Arts Program Allocations, Grants and
Agreements. Attachment: Memorandum from Director of Conventions, Arts and
Entertainment, Nancy Johnson, dated May 19, 2000, recommending Council approve
the Arts Commission recommendation, subject to approval of the Fiscal Year
2000-2001 Operating Budget.
The Committee recommended approval
of the Arts Commission’s recommended FY 2000-2001 Operating Budget.
Discussion/Action: See Item 9l for Council action taken.
(3) Review
and Approval of Public Art Workplan 2nd Quarterly Report.
Attachment: Memorandum from Director of Conventions, Arts and Entertainment,
Nancy Johnson, dated May 19, 2000, recommending Council accept the 2000 Public
Art Program Workplan Second Quarterly Report.
The Committee recommended approval
of the Public Art Workplan 2nd Quarterly Report.
(4) Quarterly
Report on the Housing Rehabilitation Program. Attachment: Memorandum from
Director of Housing, Alex Sanchez, dated April 24, 2000, attaching the activity
report for the third quarter of the 1999-2000 Fiscal Year in the Housing
Rehabilitation Program.
The Committee recommended approval
of the Quarterly Report with direction to Staff to present expanded options in
the next Quarterly Report for Committee Review.
(5) Recommended
Fee Increases under the Parkland Dedication Ordinance and the Park Impact
Ordinance. Attachment: Memorandum from Director of Parks, Recreation and
Neighborhood Services, Mark Linder, dated May 19, 2000, recommending the City
Council adopt a revised schedule of in-lieu fees as provided for in the
Parkland Dedication and the Park Impact Ordinances.
The Committee forwarded this item
to Council with no recommendation. Noes: Dando, Diaz.
(6) Update
on Workforce Investment Act Program
The Committee accepted the oral
report as information only. No further action required.
(7) Recommended
Revisions to the Outdoor Lighting on Private Developments Policy. Attachment:
Memorandum from Director of Planning, Building and Code Enforcement, dated May
25, 2000, recommending the City Council approve the proposed revisions to the
Council Policy 4-3: Outdoor Lighting on Private Developments.
The Committee recommended approval
of Staff recommendation for proposed revisions to Council Policy 4-3.
Discussion/Action: See Item 9m for Council action taken.
(8) Discussion
of five-month Economic and Community Development Committee Workplan
The Committee discussed the
Workplan and proposed specific changes.
(9) Oral
petitions
None Presented.
(10) Adjournment
The meeting was adjourned at 3:37 p.m.
Discussion/Action: Upon motion by Council Member Diaz,
seconded by Council Member Powers and unanimously carried, the Economic and
Community Development Committee Report and actions of June 5, 2000 were
accepted with Council action on Item 7d(1) taken at Item 9k, Item 7d(2) acted
upon at Item 9l, Item 7d(7) acted upon at Item 9m, and Item 7d(5) referred back
to the Administration for reconsideration. Vote: 10-0-1-0. Absent: Chavez.
Council Member Chavez returned to Chambers at this point in the meeting.
7e Report of the
Transportation and Environment Committee – June 8, 2000
Documents Filed: Transportation and Environment Committee
Report of June 8, 2000 meeting.
(1) Consent
Calendar
No Items on the Consent Calendar.
(2) Report
on Construction and Demolition Diversion Deposit Program. Attachment:
Memorandum from Director of Environmental Services, Carl W. Mosher, dated May
25, 2000, recommending Council accept the report and direct Staff to implement
the program.
The Committee recommended
acceptance of the report on the Construction and Demolition Diversion Deposit
Program with direction to Staff to implement the Program and to return to the
T&E Committee in one year with an evaluation of the Program to date.
Discussion/Action: See Item 9t for Council action taken.