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: Campos, Chavez, Cortese, Diquisto, LeZotte, Reed, Shirakawa Jr., Yeager, Gonzales.
Absent: Council Members: Dando, Williams. (Both 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 cases of (1) People for Livable and Affordable Neighborhoods v. City of San Jose, et al.; (2) People v. Rodabaugh; (B) to confer with Legal Counsel regarding anticipated litigation involving the initiation of litigation in two matters pursuant to subsection (c) 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 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortese, Diquisto, LeZotte, Reed, Shirakawa Jr., Yeager; Gonzales.
Absent: Council Members: Dando, Williams. (Both Excused)
INVOCATION
Mayor Gonzales introduced Yvette Irving, Principal of Del Roble Middle School and teachers Roger Friesen, Kim Kianidehkian and Nancy Joyce. Members of Student Council, Julia Truong, Class President, Ashleigh Richelle, Vice President, Tommy Nguyen, Historian, Bianca Johnson, Treasurer, and Melissa Saucedo-Moreira, Secretary, spoke on behalf of Del Roble Middle School and recited their campaign speeches for office. 15 First Grade students sang, “You’re a Grand Ole Flag”.
PLEDGE OF ALLEGIANCE
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved with recommendation to bring back at a later date if necessary dropped Item 3.4. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
CEREMONIAL ITEMS
1.1 Presentation of a proclamation
designating November 15, 2001 as San José Recycles Day. (Environmental Services)
(Rules Committee referral 11/7/01)
Documents Filed: None
Discussion/Action: Joining Mayor Gonzales at the Podium, Director of Environmental Services, Carl W. Mosher accepted the proclamation and introduced staff members Ellen Ryan, Deputy Director for Integrated Waste Division, Elaine Leung, Residential Recycling Program Manager, and Patty Baggese, Commercial Recycling Program Manager. Carl Mosher acknowledged the leadership of the City Council and Mayor Gonzales enabling the City to achieve the 50% landfill diversion goal. He invited the audience to participate in the America Recycles Day festivities scheduled on Thursday, November 15, 2001 at the Children’s Discovery Museum, and presented Mayor Gonzales with the “Golden Dumpster” award, for his participation in recycling activities. Mayor Gonzales encouraged all San José residents and businesses to continue their successful commitment to recycle throughout the City.
Mayor Gonzalez announced the week of November 11-17, 2001 is “National Hunger and Homeless” week and acknowledged the hard working community organizations that provide valuable services to homeless individuals and families. He stated he will present to Barry del Buono, Executive Director of Emergency Housing Consortium, a signed proclamation declaring “National Hunger and Homeless” week.
CONSENT CALENDAR
Upon motion by Vice Mayor Shirakawa Jr., seconded by Council Member Chavez and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #12, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Director of General Services Jose Obregon, dated October 24, 2001, recommending Council approve the open purchase orders.
Discussion/Action: The award of open purchase orders List No. 12 for FY 2001-2002 was
approved and execution of the purchase orders authorized. Vote: 8-0-3-0.
Absent: Dando, LeZotte, Williams.
2.4 Adoption of a resolution authorizing the Director of General Services to negotiate and execute an amendment to the agreement with Service By Medallion to extend the janitorial contract, at the Water Pollution Control Plant, on a month-to-month basis through March 31, 2002, at an additional cost of $60,000, for a total contract amount not to exceed $970,794.89. (General Services)
Documents Filed: (1) Memorandum from Director of General Services Jose Obregon, dated October 24, 2001, recommending adoption of a resolution to authorize execution of an amendment to the agreement. (2) Correspondence from Treatment Plant Advisory Committee Chairperson Rodney Diridon, Jr., dated November 8, 2001 in support of the recommendation.
Discussion/Action: Resolution No. 70700, entitled: “A Resolution of the Council of the City of San Jose Authorizing the Director of General Services to Execute an Amendment to the Agreement with Service by Medallion for Janitorial Services at the Water Pollution Control Plant, Extending the Term and Increasing Total Compensation”, was adopted.
Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.5 Adoption of a resolution:
(a) Approving
the rescission of 30-year Affordability Restrictions existing on two 4-plexes
(eight units total) located at 1361 and 1440 Dubert Lane.
(b) Authorizing
the transfer of affordability restrictions to be recorded on a 14-unit property
located at 96 South Tenth Street.
(c) Authorizing
the Acting Director of Housing to execute the required documents.
Council
Districts 3 and 7. SNI: Santee and 13th. (Housing)
Documents Filed: Supplemental memorandum from Acting Director of Housing, Leslye Corsiglia, dated November 13, 2001, recommending deferral of this Item to December 11, 2001 Council meeting to allow resolution of a second affordability restriction issue.
Discussion/Action: This item was deferred to December 11, 2001.
2.6 Approval of a continuation agreement with Group 4/Architecture, Research and Planning, Inc., that extends the term of the agreement from July 1, 2001 to June 30, 2002, at no additional cost to the City. (Library)
Documents Filed: Memorandum from City Librarian, Jane Light, dated October 24, 2001, recommending Council approve a second continuation agreement.
Discussion/Action: The continuation agreement with Group 4/Architecture, Research and Planning, Inc., was approved and it’s execution authorized. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.7 Approval of a non-binding Memorandum of Understanding with the Santa Clara County Library for shared operational funding of a new City East Side Branch Library and to direct staff to prepare a cost-sharing agreement for library operations to be presented to City Council for approval no later than January 31, 2002. Council District 5. SNI: East Valley/680 Communities. (Library)
Documents Filed: (1) Supplemental Memorandum from City Librarian, Jane Light,
dated November 8, 2001, noting reason for supplemental information. (2) Memorandum from City Librarian, Jane Light,
dated October 24, 2001 recommending approval of a non-binding Memorandum of
Understanding (MOU)
Discussion/Action: The non-binding Memorandum of Understanding with the Santa Clara County Library was approved and it’s execution authorized. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.8 Adoption of a resolution authorizing the City Manager to submit an application for a grant from the Packard Foundation for San José Smart Start facility expansion, in an amount not to exceed $2,025,000, and to accept the grant funds, if awarded. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 24, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70701, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Submit an Application to the Packard Foundation for a Grant for the San Jose Smart Start Facility Expansion in an Amount not to Exceed $2,025,000 and to Accept the Grant if Awarded”, was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.9 Adoption of a resolution authorizing the reorganization of territory designated as Sunol No. 63 which involves the annexation to the City of San José of 1.17 acres of land, located on the west side of Northrup Street at Interstate 280, approximately 85 feet north of Paula Street, and the detachment of the same from the appropriate special districts including the Central Fire Protection District, County Library Service Area, and Santa Clara Valley County Water. CEQA: ND. Council District 6. (Planning, Building and Code Enforcement)
Documents Filed: (1) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 29, 2001, stating that before approving the reorganization proposal, the City Council is required to make the following findings: [a] That the unincorporated territory is within the City’s Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO); [b] That the County Surveyor has determined the boundaries of the proposal to be definite and certain and in compliance with the LAFCO Annexation Policies; [c] That the proposal does not split lines of assessment or ownership; [d] That the proposal does not create islands or areas in which it would be difficult to provide municipal services; [e] That the proposal is consistent with the City’s adopted General Plan; [f] That the territory is contiguous to existing City limits; and [g] That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area.. (2) Public Hearing notice dated October 29, 2001 and Proof of publication executed November 2, 2001, submitted by the City Clerk.
Discussion/Action: Resolution No. 70702, entitled: “A Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Sunol No. 63 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.10 Approval of a first amendment to the agreement with the Steinberg Group for architectural consultant services for the Camden Community Center Project, increasing compensation by $168,000, from $50,000 to $218,000, and extending the agreement term from December 31, 2001 to August 31, 2002. Council District 9. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 24, 2001, recommending approval of amendment.
Discussion/Action: The first amendment to the consultant services agreement with the Steinberg Group was approved and execution of the amendment authorized.
Vote:
8-0-3-0. Absent: Dando, LeZotte, Williams.
2.11 (a) Report on bids and award of contract for the Phelan Avenue Infrastructure Improvement Project to the low bidder, Gradetech Inc., in the amount of $168,818, and approval of a contingency in the amount of $34,000. CEQA: Exempt. (Public Works)
(b) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) in the amount of $240,000.
(City Manager’s Office)
Documents Filed: (1) Supplemental Memorandum from Acting Director of Public Works Rajeev Batra and Budget Director, Larry D. Lisenbee, dated November 7, 2001, stating the reason for supplemental memo is to provide additional information after the bid opening. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated October 24, 2001, recommending Council accept the bid report and award said contract to the low bidder and approve the contingency.
Discussion/Action: The report on bids was accepted and award of contract to Gradetech Inc., the low bidder and the contingency amount were approved and execution of the contract authorized; and Ordinance No. 26514, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26415 to Appropriate Moneys in the Redevelopment Capital Projects Fund in the Amount of $240,000 for the Phelan Avenue Infrastructure Improvement Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption” was adopted, and Resolution No. 70703 entitled: “A Resolution of the Council of the City of San Jose Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Redevelopment Capital Projects Fund” was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.12 Approval of a first amendment to the Line of Credit Agreement between the City of San Jose and Across the Bridge Foundation, Inc. to provide for the second $150,000 installment of a multi-year no interest gap financing Line of Credit being provided by the City for the operation of Downtown College Prep Charter School. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated
October 30, 2001, recommending Council approve first amendment.
Discussion/Action: The first amendment of the Line of Credit Agreement was approved and execution of the amendment authorized. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.13 Adoption
of a resolution approving Mayor Gonzales’ travel to New York, NY, November
16-19, 2001, to attend the New York Firefighter memorial. Funding:
Mayor’s Office. (Mayor) (Rules
Committee referral 11/7/01)
Documents Filed: None.
Discussion/Action: This item was dropped from the Agenda.
2.14 Approval of reallocation of existing project resources for the upgrade of the Human Resources/Payroll System; and adoption of a resolution authorizing the City Manager to execute the first amendment to the consulting services agreement with Acuent, Inc., to increase compensation by $54,000, for a total contract amount not to exceed $951,200, but with no increase to the total project budget. (Finance/Human Resources/Information Technology) (Deferred from 11/6/01 – Item 2.4)
Documents Filed: Memorandum from Director of Finance, Scott P. Johnson, Deputy City Manager, Kay Winer, and Chief Information Officer, Wandzia Grycz, dated November 6, 2001, recommending Council approve reallocation of existing project resources.
Discussion/Action: The reallocation of the existing project resources for the upgrade of the Human Resource/Payroll System was approved and Resolution No. 70704, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute the First Amendment to the Agreement with Acuent, Inc. for Consulting Services for the Human Resources/Payroll System Upgrade”, was adopted.
Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.15 Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor) (Deferred from 10/30/01 – Item 2.11 and 11/6/01 – Item 2.7)
Documents Filed: None.
Discussion/Action: This item was deferred to November 20, 2001.
2.16 Adoption of an urgency ordinance re-appointing Alex Stuart, former Chair and member of the Ethics Board, to a temporary term on the Ethics Board, ending June 30, 2002, effective immediately, unless a replacement member is appointed prior to June 30, 2002. (City Attorney’s Office) (Rules Committee referral 11/7/01)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated November 8, 2001, recommending Council adopt an Urgency Ordinance.
Discussion/Action: Ordinance No. 26515, entitled: “An Urgency Ordinance of the City of San Jose Reappointing Former Chair Alex Stuart to the Campaign Finance Review and Ethics Board (Ethics Board) to a Temporary Term on the Ethics Board Effective Immediately, Unless a Replacement Member is Appointed Prior to June 30, 2002 and Setting Forth the Facts Constituting Such Urgency”, was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
2.17 (a) Adoption of a resolution authorizing the City Manager to submit a request for grant funding, in an amount not to exceed $300,000, from the California Department of Transportation’s Environmental Justice Program to study a section of the Coyote Creek Trail between Selma Olinder Park and Kelly Park, including a connection to the Spartan/Keyes Neighborhood.
(b) Authorization
for Walk San José and the Rails to Trails Conservancy to submit an application
to the State Department of Transportation for a grant to study the aforementioned
trail link.
(c) Direction to staff to work with Walk San José and the Rails to Trails Conservancy regarding the submittal of the grant application. Council District 3. SNI: Spartan/Keyes.
(Parks, Recreation and
Neighborhood Services)
(Rules Committee referral 11/7/01)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 7, 2001, recommending adoption of a resolution authorizing Walk San Jose and the Rails to Trails Conservancy and direction Parks and Recreation staff to submit the grant application.
Discussion/Action: Resolution No. 70705 entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Submit an Application to the California Department of Transportation for a Grant for a Feasibility Study for the Coyote Creek Trail in an Amount Not to Exceed $300,000” was adopted with staff authorized to submit the application to the State Department of Transportation and to work with the agencies regarding the submittal of the application. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
END OF CONSENT CALENDAR
STRATEGIC SUPPORT SERVICES
3.2 Report of Rules In Lieu – October 31, 2001
Documents Filed: Rules Committee Report of the meeting on October 31, 2001.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
The Redevelopment Agency items to be reported out at Redevelopment Agency Board meeting
(b) City Council
(1) Review November 13, 2001 Draft Agenda
The Committee approved the November 13, 2001 City Council Agenda with one addition.
(2) Add New Items to November 6, 2001 Amended Agenda
The Committee recommended one addition to the November 6, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
The Committee recommended two additions to the November 14, 2001 draft Finance and Infrastructure Committee Agenda: “Annual Capital Project Status Report (Public Works) [deferred from October 24, 2001]” and “External Quality Control Review (Auditor)”.
(b) Economic Development and Environment Committee
The Committee recommended one addition to the November 5, 2001 Agenda entitled, “Staff presentation on the City’s current Reasonable Accommodation policies and process of notification”.
(c) Education, Neighborhoods, Youth, and Seniors Committee
None filed.
(d) Meeting Schedules
This item to be heard by Council on 11/6/01.
(e) The Public Record for the period October 17-23, 2001. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated October 25, 2001, listing the items transmitted to the Administration for the period October 17-23, 2001.
The Committee noted and filed Public Record.
(f) Boards, Commissions and Committees
None filed.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None filed.
(h) Administrative Reviews and Approval
None filed.
(i) Oral communications
None presented.
(j) Adjournment
The meeting was adjourned.
Discussion/Action: Upon motion by Vice Mayor Shirakawa Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee Report and actions of October 31, 2001 were accepted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
3.4 Adoption of a resolution:
(a) Approving and adopting the findings of
the “Report on Cable-Related Needs and Interests and
Operator Past Performance” (and the City-commissioned studies referenced in it) and
the contents of the Request For Renewal Proposal (“RFRP”), including the
findings therein with respect to the cable-related needs and interests of the
community, and the past performance of AT&T Broadband HC of California LLC
and its predecessors collectively. (AT&T HC)
(b) Authorizing
the issuance of the RFRP as attached to this report with a January 11, 2002
deadline for response.
(c) Authorizing the City to issue such
notices as may be required to protect its interests under federal law.
(d) Confirming that the requirements and
model system are the requirements and the model system that the City Council
believes will help meet the needs and interests of this community.
(City Manager's Office)
Documents Filed: Memorandum from Public Outreach Manager, Tom Manheim, dated November 1, 2001, attaching a binder containing the five cable franchise renewal documents.
Discussion/Action: This Item was dropped to be scheduled for a later date, if necessary.
3.5 Interview applicants to fill two vacancies on the San José Appeals Hearing Board; (2) four-year terms ending 12/31/2005. (City Clerk)
Documents Filed: (1) Memorandum from City Attorney, J. Richard Doyle dated November 2, 2001, providing additional information on a board member’s involuntary resignation. (2) Memorandum from Council Member LeZotte, dated November 8, 2001, recommending incumbents Keith McDavit and George Soares reappointment to the Appeals Hearing Board. (3) Memorandum from City Clerk Patricia O’Hearn, dated November 1, 2001, recommending Council interview three applicants to the Appeals Hearing Board.
Discussion/Action: The City Council interviewed applicants Keith McDavit, Karen Parsons and George Soares; and on the first ballot appointed Incumbents Keith McDavit and George Soares to the Appeals Hearing Board.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee – November 5, 2001
(a) Annual Report of the First Source Employment Program
(b) First Quarter Redevelopment Housing Report
(c) Parkland Ordinances Fee Adjustment Report
(d) Monthly Status Report on Housing Production Team Action Items
(e) Quarterly Report on Activity in the Project Development Program
(f) Quarterly Report on Housing Rehabilitation Program
(g) Quarterly Report on the Housing and Homeless Fund
(h) Monthly Report on Affordable Housing Production
(i) Reasonable Accommodation policies and process of notification
(j) Oral petitions
(k) Adjournment
Documents Filed: None.
Discussion/Action: This Item was dropped and rescheduled for November 20, 2001.
4.2(a) Adoption of a resolution approving business terms for a construction loan of up to $9,985,000 and a permanent loan of up to $10,185,000 to JSM Enterprises, Inc., or its designated partnership, for the development of a 157-unit family housing development with 156 units affordable to low- and very low-income households and one unrestricted manager’s unit on a 3.83 acre site located on the east side of North White Road, approximately 450 feet north of McKee Road. Council District 5. (Housing)
(b) Adoption of a resolution authorizing the issuance of a single series of tax-exempt multifamily housing revenue bonds in a not-to-exceed principal amount of $16,845,000, and approving a loan of the proceeds to a limited partnership created by JSM Enterprises, Inc. for financing the construction of the North White Road Family Apartments Project including:
(1) Approving, in substantially final form, the Bonds, Trust Indenture, Loan and Financing Agreement, Regulatory Agreement, and Declaration of Restrictive Covenants, and Promissory Note.
(2) Authorizing the Director of Finance and the Acting Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.
(3) Approval of an exception to the City’s Investment Policy to allow the proceeds of the Bonds to be invested in one or more investment agreements with an institution(s) whose participation in the financing will not adversely affect the expected ratings on the Bonds, as approved by the Director of Finance.
Council District 5. (Housing/Finance)
(Deferred from 10/30/01 – Item 4.4)
Documents Filed: (1) Memorandum from Director of Finance, Scott P. Johnson and Acting Director of Housing, Leslye Corsiglia, dated October 10, 2001 recommending Council adopt said resolutions. (2) Memorandum from Acting Director of Housing, Leslye Corsiglia, dated October 10, 2001, recommending Council adopt said resolution to approve the business terms.
Discussion/Action: Upon motion by Vice Mayor Shirakawa Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 70706 entitled: “A Resolution of the Council of the City of San Jose (i) Approving Business Terms for a Construction Loan of Up to $9,985,000 and a Permanent Loan of up to $10,185,000.00 to JSM Enterprises, Inc., or its Designated Partnership, for the Development of the 157-Unit North White Road Family Project with Units Affordable to Low-and Very Low-Income Households on a 3.83 Acre Site Located on the East Side of North White Road, Approximately 450 Feet North of McKee Road”, and Resolution No. 70707 entitled: “A Resolution of the City Council of the City of San Jose Authorizing the Issuance of Multifamily Housing Revenue Bonds and the Loan of the Proceeds Thereof for the Financing of the North White Road Family Apartments Project and Approving Other Related Documents and Actions”, were adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
4.3 PUBLIC HEARING ON FINAL CANCELATION OF LAND CONSERVATION CONTRACT for property consisting of approximately 13 acres located on the southerly side of Piercy Road, approximately 1,200 feet easterly of Silver Creek Valley Road. (Mission West Properties, L.P., Owner). CEQA: Resolution No. 69699. Contract No. 72-218 - District 2
Documents Filed: (1) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 24, 2001, recommending Council find the condition and contingency of the tentative contract cancellation have been met and authorize the Mayor to execute the contract to be submitted to the County Recorder. (2) Public Hearing Notice to consider the Final Cancellation of Land Conservation Contract No. 72-218, dated October 22, 2001, and Proof of Publication executed on October 26, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the cancellation of the land conservation contract for the subject property. There was no discussion from the Floor. Upon motion by Vice Mayor Shirakawa Jr., seconded by Council Member Chavez and unanimously carried, the public hearing was closed and Council approved findings that the condition and the contingency of the tentative contract cancellation have been met, and the Mayor authorized to execute the certificate of cancellation of contract No. 72-218 to be recorded with the County Recorder. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
4.4 PUBLIC
HEARING ON FINAL CANCELATION OF LAND CONSERVATION CONTRACT for property
consisting of approximately 10 acres located on the southerly side of Piercy
Road, approximately 1,200 feet easterly of Silver Creek Valley Road. (Mission
West Properties, L.P., Owner).
CEQA: Resolution No. 69699. Contract No. 78-004 - District 2
Documents Filed: (1) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated October 24, 2001, recommending Council find the condition and contingency to be recorded with the County Recorder. (2) Public Hearing Notice to consider the Final Cancellation of Land Conservation Contract No. 70-004, dated October 22, 2001, and Proof of Publication executed on October 26, 2001 and submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the Final Cancellation of the Land Conservation contract for the subject property. There was no discussion from the Floor. Upon motion by Vice Mayor Shirakawa Jr., seconded by Council Member Chavez and unanimously carried, the public hearing was closed and Council approved findings that the condition and the contingency of the tentative contract cancellation have been met, and the Mayor authorized to execute the certificate of cancellation of contract No. 78-004 to be recorded with the County Recorder. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
4.5(a) Adoption of a resolution approving business terms for a permanent loan of up to $3,757,000 to Simpson Housing Solutions, L.L.C, or its designated partnership, for the development of the Almaden Senior Apartments, a 66-unit senior housing development affordable to low- and very low-income households on a 1.3 acre site located on the west side of Almaden Road, approximately 100 feet southerly of Willow Glen Way. Council District 6. (Housing)
(b) Adoption of a resolution:
(1) Authorizing the issuance of tax-exempt multifamily housing revenue bonds in the aggregate principal amount not to exceed $6,050,000;
(2) Approving a loan of bond proceeds to Almaden Senior Housing Partners, L.P., a California limited partnership created by Las Palmas Foundation and Simpson Housing Solutions, LLC for financing the construction of the Almaden Senior Housing Apartments located at 1735 Almaden Road;
(3) Approving in substantial form the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, the Bond Purchase Agreement and Remarketing Agreement; and;
(4) Authorizing the Director of Finance and Acting Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary. Council District 6. (Finance/Housing)
Documents Filed: (1) Memorandum from Director of Finance, Scott P. Johnson, dated November 6, 2001 attaching a copy of the draft Preliminary Official Statement. (2) Memorandum from Acting Director of Housing, Leslye Corsiglia, dated October 24, 2001, recommending Council adopt a resolution approving the business terms. (3) Memorandum from Director of Finance, Scott P. Johnson and Acting Director of Housing, Leslye Corsiglia, dated October 24, 2001, recommending Council adopt said resolution authorizing the issuance of the tax exempt multifamily housing revenue bonds.
Discussion/Action: Upon motion by Council Member Yeager, seconded by Vice Mayor Shirakawa Jr., and unanimously carried, Resolution No. 70708, entitled: “A Resolution of the Council of the City of San Jose Approving Business Terms for a Permanent Loan of $3,757,000.00 to Simpson Housing Solutions, L.L.C. or its Designated Partnership, for the Development of a 66-Unit Rental Housing Project Affordable to Very Low-Income and Low Income Persons and Families, and Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loan on Behalf of the City”, and Resolution No. 70709, entitled: “A Resolution of the City Council of the City of San Jose Authorizing the Issuance of Multifamily Housing Revenue Bonds and the Loan of the Proceeds Thereof for the Financing of the Almaden Senior Housing Apartments and Approving Other Related Documents and Actions”, were adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
RECREATION & CULTURAL SERVICES
5.2 Approval of proposed policies and application evaluation and rating criteria for the 2002-03 FY Community Development Block Grant and Healthy Neighborhoods Venture Fund Programs. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 24, 2001 recommending Council approve proposed policies.
Discussion/Action: Council Member Reed informed Council and staff that the CDBG process would differ from previous years because of being in the second year of both a two cycle and three-year, and in terms of funding that there will be less money to work with this year but the process will be more predictable, stable and streamlined. Council Member Shirakawa explained that this has been a six month process to align with CDBG and the future will provide an opportunity to change processes that do not work and strengthen the areas that work well. Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, Council approved the policies and application evaluation rating criteria. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.
5.3 Report on bids and award of contract for the Paul Moore Park Irrigation Renovation Project to the low bidder, Perma Green Hydroseeding Inc., to include the base bid and Add Alternates Nos. 1-3, in the amount of $466,000, and approval of a contingency in the amount of $47,000. CEQA: Exempt. Council District 9. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 24, 2001, recommending Council award the contract to the low bidder.
Discussion/Action: Upon motion by Council Member Shirakawa, seconded by Council Member Diquisto and unanimously carried, the Report on bids was accepted and an award of contract to Perma Green Hydroseeding Inc., the low bidder and the contingency amount were approved and execution of the contract authorized. Vote: 8-0-3-0.
Absent: Dando, LeZotte, Williams
OPEN FORUM
(1) David S. Wall submitted into the public record comments on various subjects.
(2) Pete Campbell spoke concerning the re-naming of the San Jose International Airport and Measure I.
RECESS/RECONVENE
Following Open Forum, Council recessed at 2:45 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortese, Diquisto, LeZotte, Reed, Shirakawa Jr., Yeager Gonzales.
Absent: Council Members: Dando, Williams. (Both Excused)
AVIATION SERVICES
8.1(a) Adoption of a resolution approving a minor amendment to the Airport Master Plan to modify the description and scheduling of terminal area development projects. (Airport)
(b) Approval of an ordinance amending Parts 3 and 4 of Chapter 25.04 of the San José Municipal Code as follows:
(1) Amend Section 25.04.300 0f Title 25 to make the Terminal Building square footage consistent with the square footage provided in the adopted 1997 Airport Master Plan, and to make the number of Rental Car Ready and Return Spaces consistent with the number of such spaces in the Plan, by amending the limitations set forth in 25.04.300 (B)(2) pertaining to Terminal Facilities square footage and 25.04.300 (B)(4) pertaining to Rental Car Ready and Return spaces, and expressly referring to the limits in the adopted 1997 Airport Master Plan.
(2) Amend Section 25.04.310 to incorporate the design concept of a Centralized Terminal Facility without affecting any of the prerequisites for expansion of terminal facilities.
(3) Amend Section 25.04.350 to clarify that new terminal facilities shall only be constructed when the City has obtained and approved adequate written documentation, which assures that:
(a) the funding of the costs of development, maintenance, and operation of such facilities will be paid by the users of the facilities, in accordance with standard City-established airline rates and charges methodologies, so as to continue existing City practice and policy that no City general funds are utilized for Airport development; and
(b) the written documentation conforms to Federal law and regulations pertaining to competition and to the City’s competition plan for the Airport.
(4) Make a technical correction to Section 25.04.440 Part 4 of Chapter 25.04 to substitute the word "Part" for the word "Chapter," to conform to Council intent that Part 4 of the Municipal Code (the Airport Traffic Relief Act) not be changed without voter approval. (Airport)
(c) Direct the Administration to proceed with design studies for the centralized terminal to provide a desirable level of customer service (e.g. IATA Level of Service “B”), as well as to determine by such studies the additional security requirements for the Terminal Facility in accordance with federal regulations; to proceed with design studies for the addition of the on-Airport Automated People Mover (APM), and to report back on any needed modifications for such security requirements or the APM. (Airport)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Members Chavez, Cortese, LeZotte and Yeager, dated November 13, 2001, recommending Council approve Item 8.1 with seven directions. (2) Memorandum from City Attorney, J. Richard Doyle dated November 9, 2001, recommending Council approval to modify design concepts and to clarify the Municipal Code provisions. (3) Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 6, 2001, recommending adoption of a resolution and ordinance. (4) Electronic correspondence and mail supporting the Airport improvements.
Discussion/Action: Council Member Yeager reviewed background information on the Airport Master Plan Improvements and summarized the recommended direction to Airport Staff to proceed with related studies. Noting some of the modifications for expansion of the facilities, he stated the important component, which needs to be better addressed, is the impact that the modifications will have on surrounding neighborhoods; therefore, assisting the Airport in being a “better neighbor” should be a priority for Council. Following the Honorable Assemblywoman Elaine Alquist who spoke in support of the expansion for the single terminal, approximately 25 individuals addressed Council on various aspects of the proposals, including the following: Arthur E. Knopf, Chair, San Jose Airport Commission; Mark Walker, San Jose Silicon Valley Chamber of Commerce; Dave Logan, Yellow Checker Cab Co. Inc.; Joe Gadano, Construction Laborers Retirees; Daniel Fenton, San Jose Convention and Visitors Buerau; John Neece, San Jose Convention and Visitors Bureau; Shirley Lewis, Mobedshahi Hotel Group; Brooks Mancini, San Jose Chamber of Commerce; Mike Fox, M.E. Fox and Company Inc.; Neil Struthers, Santa Clara-San Benito County Building Trades Council; Stephanie Lykam; Ray Moreno; Noel Tebo, Silicon Valley Manufacturing Group; Scott Soper; Russ McBrien; Jim Cunneen, President/CEO San Jose Silicon Valley Chamber of Commerce; Chip Evans, Airport Traffic Relief Alliance of Silicon Valley. The following individuals spoke in opposition to the proposed improvements: William J. Garbett; Diane Gonzales, C.E.T.; Wanda Buck; Ed Blackmond; Patti Bossent; Lenora Porcella, Citizens Against Airport Pollution (CAAP)
Referencing his memorandum of November 13, 2001, which was co-authored by Council Members, Chavez, Cortese, LeZotte and Yeagar. Mayor Gonzales recommended Council approve the Airport Master Plan improvements including directions to the Administration regarding the installation of air quality monitors, continuance of the City’s ACT Program, the imposition of fines and penalties, the investigation of parking patterns, proposals for future terminal planning and design, and the expansion of airline gates. Upon motion by Council Member Yeager, seconded by Council Member Chavez and unanimously carried, Resolution No. 70710, entitled: “A Resolution of the Council of the City of San Jose approving a Minor Amendment to the Airport Master Plan for the Description and Scheduling of Terminal Area Development Projects” was adopted; and Ordinance No. 26516, entitled: “An Ordinance of the City of San Jose Making Conforming Amendments to Sections 25.04.300 of Title 25 to Conform Terminal Building Square Footage and Rental Car Ready and Return Spaces to Make Them Consistent With the Adopted 1997 Airport Master Plan; and to Section 25.04.310 of Title 25 of the San Jose Municipal Code to Conform the Municipal Code to the 1997 Airport Master Plan as Amended and to Expressly Reference Provisions of Part 4 of Chapter 25.04 Pertaining to Transportation Planning for the Airport, and to Modify Construction Phasing In Order to Rebuild Existing Passenger Gates into a Centralized Terminal Facility in Conjunction with Planning, and Designing Transportation Improvements at The Airport; to Amend Section 25.04.350 to Conform to Recent Changes in Federal Law Regarding Competition Plans at Airports; and Making A Technical Correction Plans at Airports; and Making A Technical Correction to Section 25.04.440”, passed for publication; and Aviation Staff’s recommendation for expansion of Terminal Building and Terminal Facilities square footage in a Centralized Terminal Facility approved with the following directives regarding improvements to the Airport Master Plan: (1) Directed the Administration to work with the Bay Area Air Quality Management District to investigate the feasibility of installing air quality monitors in Airport-area residential neighborhoods and report back to Council within 120 days; (2) Directed the Administration to devote the necessary resources to continue the expeditious implementation of the City’s Acoustical Treatment Program; (3) Directed the City Attorney to identify the appropriate local and federal actions and processes necessary to impose fines and penalties on aircraft operators for violation of the existing Airport curfew, or to allow incentives for compliance, and report back to Council within 90 days; (4) Directed the Administration to investigate parking patterns and work with the surrounding neighborhoods to determine the level of Airport-related parking on neighborhood streets; (5) Directed the Airport to include in future terminal planning, and in reports to Council on terminal design, the accommodation of pedestrian and bicycle access; (6) Directed the Administration to compile a summary report to Council within 90 days on aircraft run-up procedures and activities, correlation to noise complaints, potential noise reduction technologies and existing Municipal Code and EIR run-up noise mitigation commitments. (7) Adopt as Council Policy that before the City Council considers an amendment to the Municipal Code to allow the Airport to expand beyond 40 airline gates, the Administration must update its Master Plan demand forecasts and prepare in turn, a supplemental or new Airport Master Plan EIR; and (8) Directed the Administration to proceed with specified studies. Vote: 10-0-1-0. Absent: Dando.
ADJOURNMENT
The Council of the City of San Jose adjourned at 8:20 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK