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., Williams, Yeager; Gonzales.
Absent: Council Members: Dando (excused)
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 a.m. in Room 600 to consult with San Jose Police Department, Police Chief, regarding the threat to public services or facilities.
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: Campos, Chavez, Cortese, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales.
Absent: Council Members: Dando (excused)
INVOCATION
Justin Dennison, South Hills Church, delivered the invocation.
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 additional deferral: Item 3.4 deferred to December 4, 2001. Vote: 10-0-1-0. Absent: Dando.
CEREMONIAL ITEMS
1.1 Presentation of a proclamation declaring November 29, 2001, as a day of celebration acknowledging the Founding of El Pueblo de San José de Guadalupe on November 29, 1777, as the first Spanish civil settlement in Alta California and recognizing the leadership of the Alcaldes. (Conventions, Arts and Entertainment)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the podium were Council Member Reed, Chair of the Mexican Heritage Corporation Board of Directors Fernando Zazueta, President of the History San Jose David Crossen, President of the Mexican Heritage Corporation Richard Alahandro. Council Member Reed and Fernando Zazueta accepted the proclamation, which was presented by Mayor Gonzales, declaring November 29, 2001 as “San Jose Founders Day 2001”and in recognition and celebration of the founding of El Pueblo de San Jose de Guadalupe.
1.2 Presentation of a commendation thanking Fernando R. Zazueta for his contributions to the community including his work with the Mexican Heritage Plaza. (Conventions, Arts and Entertainment)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented Fernando R. Zazueta with the commendation for his work in the community.
1.3 Presentation of proclamation declaring December 1, 2001 as World AIDS Day in San José. (Disability Advisory Commission)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the podium were Disability Advisory Commissioners Lila Kraai and Carl Vidt who accepted the proclamation commemorating December 1, 2001 as World AIDS Day in San Jose.
1.4 Presentation of a commendation to Grade Tech Incorporated for their ability to be flexible, understanding of complex issues in the Santee Neighborhood, and the intricate working relationships of community leaders, property owners and managers, public agencies, and elected officials, to successfully complete the five alleyways ahead of schedule. (Shirakawa, Jr.)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the podium was Vice Mayor Shirakawa, Jr. and Acting Director of Planning, Building and Code Enforcement Joe Horwedel to honor Salifu Yakubu. On behalf of Grade Tech Incorporated, Salifu Yakubu accepted the commendation, which was presented by Vice Mayor Shirakawa, Jr.
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: 10-0-1-0. Absent: Dando
2.2 Final adoption of Ordinance No. 26516
– Amends Section 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; Section 25.04.310 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; Section
25.04.350 to conform to recent changes in federal law regarding competition
plans at airports; and making a technical correction to Section 25.04.440.inal adoption of ordinances:
Documents
Filed Proof of publication of the title
of Ordinance No. 26516 executed on November 20, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26516 was adopted. Vote: 10-0-1-0. Absent: Dando.
2.3 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with artist Lewis deSoto to fabricate and install an artwork for the Animal Shelter in an amount not to exceed $127,400. CEQA: Exempt. Council District 7. (Convention, Arts and Entertainment).
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 5, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70721, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute an Agreement with Lewis DeSoto for a Work of Art for the Animal Shelter Facility in an Amount Not to Exceed $127,400”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.4 Approval of an amendment to the Foreign Trade Zone Operating Agreement with San José Distribution Services to move the Foreign Trade Zone General Purpose Zone to 2055 South Seventh Street. Council District 7. (Economic Development)
Documents Filed: Memorandum from Acting Assistant Director Office of Economic Development Joseph Hedges, dated November 5, 2001, recommending Council approve amendment to the Foreign Trade Zone Agreement.
Discussion/Action: The amendment to the Foreign Trade Zone Operating Agreement was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Dando.
2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #14, 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 November 5, 2001, recommending Council approve purchase orders.
Discussion/Action: The award of open purchase orders List No. 14 for fiscal year 2001-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Dando.
2.6 Adoption of amendments to the annual appropriation ordinance in the Supplemental Law Enforcement Services Fund for Fiscal Year 2001-02, in the amount of $60,000. (Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated November 5, 2001, recommending Council approve said appropriation ordinance.
Discussion/Action: Ordinance No. 26522, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26415 to Appropriate Moneys in the Supplemental Law Enforcement Services Fund in the Amount of $60,000, for Police Department Equipment; and Providing that this Ordinance Shall Become Effective Immediately Upon adoption”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.7 Adoption of a resolution determining that public use and necessity require the acquisition of certain property owned by Hilltop Manor, Inc., located at 790 Ironwood Drive, and directing the filing of eminent domain action. CEQA: ND. Council District 6. (Public Works)
Documents Filed: None.
Discussion/Action: This Item as deferred to December 18, 2001.
2.8 Adoption of a resolution declaring an 832 square foot parcel of City-owned land, located on the east side of Alameda Way, between Sherwood Avenue and The Alameda, surplus to the needs of the City, and authorizing its sale to Steven Behrens and Gina Daul for $16,640. Council District 3. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 5, 2001, recommending Council adopt said resolution.
Discussion/Action Resolution No. 70722, entitled: “A Resolution of the Council of the City of San Jose Declaring a Parcel of City-Owned Property, Located on the East Side of Alameda Way Between Sherwood Avenue and The Alameda, Surplus to the Needs of the City and Approving an Agreement to Sell Such Property to Steven Behrens and Gina Daul”, was adopted. Vote: 10-0-1-0. Absent: Dando.
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – November 14, 2001
Documents Filed: Rules Committee Report of the meeting of November 14, 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 27, 2001 Draft Agenda
The Committee approved the November 27, 2001 City Council agenda.
(2) Add New Items to November 20, 2001 Amended Agenda
The Committee recommended two additions to the November 20, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
None Filed.
(b) Economic Development and Environment Committee
None Filed.
(c) Education, Neighborhoods, Youth, and Seniors Committee
None Filed.
(d) Meeting Schedules:
The Committee directed staff to schedule a Rules-in-Lieu meeting for Wednesday, November 21, 2001.
(e) The Public Record
There was no Public Record filed.
(f) Boards, Commissions and Committees.
(1) Airport Curfew Monitoring Committee
The Committee deferred this item to November 28, 2001.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(h) Administrative Reviews and Approval
There were none.
(i) Oral communications
None were presented.
(j) Adjournment
The meeting adjourned at 2:10. P.M.
Discussion/Action: Upon motion by Vice Mayor Shirakawa Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee report and actions of November 14, 2001 were accepted. Vote: 10-0-1-0. Absent: Dando.
3.3 Report of the Finance and Infrastructure Committee – November 14, 2001
Documents Filed: Finance and Infrastructure Committee Report of the meeting of November 14, 2001.
(a) Consent Items
(1) Monthly Investment Report for September 2001. Attachment: Memo-randum from Director of Finance, Scott P. Johnson, dated October 25, 2001, producing the September 2001 Investment Report.
(2) Minutes from the Third Quarter 2001 Investment Committee Meeting. Attachment: Memorandum from Director of Finance, Scott P. Johnson, dated November 1, 2001, transmitting the Investment Committee Meeting Minutes of September 26, 2001.
The Committee approved the Consent Items.
(b) Monthly Financial Report for September 2001. Attachment: Memorandum from Budget Director, Larry D. Lisenbee, dated November 1, 2001, transmitting the Monthly Financial Report of September 2001.
The Committee accepted the staff report.
(c) Annual Capital Project Status Report. Attachment: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 12, 2001, attaching the Capital Projects Monitoring Systems Report and recommending the Finance and Infrastructure Committee accept the report.
The Committee accepted the staff report, including the recommendation that the next report be changed to the CSA Format.
(d) External Quality Control Review (including Activities and Accomplishments of the Office of the City Auditor July 1999-June 2001). Attachments: (1) Memorandum from City Auditor, Gerald A. Silva, issued November 1, 2001, producing an independent auditor’s report. (2) Memorandum from City Auditor, Gerald A. Silva, dated November 6, 2001, transmitting the report on Activities And Accomplishments Of The Office Of The City Auditor For The Period July 1,1999 Through June 30, 2001.
The Committee accepted the staff report.
(e) Oral petitions
None.
(f) Adjournment
The Committee adjourned at 4:00 P.M.
Discussion/Action Upon motion by Council Member Reed, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Finance and Infrastructure Committee Report and actions of November 14, 2001 were accepted. Vote: 10-0-1-0. Absent: Dando.
STRATEGIC SUPPORT SERVICES
3.4 Appoint candidates to the following Boards and Commissions:
(a) Appoint one
employee/member to the Federated City Employees Retirement System Board of
Administration to a term, which expires November 30, 2005.
(b) Appoint one Police
Department employee/member to the Police and Fire Department Retirement Plan
Board of Administration to a term, which expires November 30, 2005.
(c) Interview and appoint
one candidate to the Civil Service Commission to a term which expires December
1, 2005.
(d) Appoint two employees
and an alternate employee to the Suggestion Award Commission to terms, which
expire November 20, 2003. (City Clerk)
Documents Filed: None
Discussion/Action: This Item was deferred to December 4, 2001.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.2 Adoption of a resolution approving business terms for a construction/permanent loan of up to $1,800,000 to ROEM Development Corporation, or its designated partnership, for the development of the 55-unit Gadberry Court housing development with 54 units affordable to very low- and extremely low-income senior households and one unrestricted manager’s unit on a 1.07-acre site located on the north side of Alum Rock Avenue, on the block bounded by Highway 680 and Alexander Avenue. Council District 5. (Housing)
Documents Filed: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated November 5, 2001, recommending Council adopt a resolution approving business terms for a construction/permanent loan.
Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Chavez, and unanimously carried, Resolution No. 70723, entitled: “A Resolution of the Council of the City of San Jose (1) Approving up to $1,800,000.00 for a Construction/Permanent Loan to Roem Development Corporation, or its Designated Partnership, for the Development of 55 Unit Senior Housing Project Affordable to Extremely Low and Very Low Income Persons and Families, and (2) Authorizing the Director of Housing to Negotiate and Execute all necessary Documents Evidencing Such Loan on Behalf of the City”, was adopted. Vote: 10-0-1-0. Absent: Dando.
4.3 Adoption of a resolution approving business terms for a construction and permanent loan of up to $2,775,000 to ROEM Development Corporation, or its designated partnership, for the development of the 66-unit Rose Gardens senior housing development with 65 units affordable to very low-income households and one unrestricted manager’s unit on a 1.35-acre site located at 3071 Rose Avenue, between Capitol Avenue and South White Road. Council District 5. SNI: 680 East Valley Communities. (Housing)
Documents Filed: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated November 5, 2001, recommending Council adopt said resolution approving business terms for a construction and permanent loan.
Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member LeZotte, and unanimously carried, Resolution No. 70724, entitled: “A Resolution of the Council of the City of San Jose Approving Business Terms for a Construction and Permanent Loan of up to $2,775,000.00 to Roem Development Corporation, Or it’s Designated Partnership, for the Development of the Rose Gardens Senior Housing Development, A 65-Unit Housing Development Affordable to Very Low-Income Senior Households and one Unrestricted Manager’s Unit on A 1.35 Acre Site Located at 3071 Rose Avenue, Between Capitol Avenue and South White Road”, was adopted. Vote: 10-0-1-0. Absent: Dando.
4.4 Public Hearing on the vacation of an easement along Silver Creek Road.
PUBLIC
HEARING and adoption of a resolution approving the vacation of a roadway
easement along Silver Creek Road between Yerba Buena Road and Silver Creek
Valley Road, reserving a public service easement over the area. CEQA:
Resolution No. 61784. Council
District 8. (Public Works)
Documents Filed: None.
Discussion/Action: This Item was continued to December 4, 2001.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Approval of the second amendment to the agreement with Thomas Reid Associates for consultant services for the Bay Trail Master Plan Environmental Feasibility Study, extending the term of the agreement by one year to December 31, 2002, and increasing the maximum amount of compensation by an amount not to exceed $6,000, for a total agreement amount not to exceed $176,000. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 5, 2001, recommending Council approve the second amendment to the agreement.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr. seconded by Council Member Reed and unanimously carried, the second amendment to the consultant services agreement with Thomas Reid Associates was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Dando.
PUBLIC SAFETY SERVICES
9.1 Adoption of a resolution:
(a) Accepting the
2001-2002 Weed Abatement Report (County of Santa Clara’s 2001-2002 Hazardous
Vegetation Commencement Report) compiled by the Office of the Santa Clara
County Fire Marshal.
(b) Declaring that those
certain noxious or dangerous seasonal and recurrent weeds, growing or likely to
be growing, and refuse, situated or likely to be situated, on those properties
identified in the report are a nuisance.
(c) Directing the Office
of the Santa Clara County Fire Marshall to mail notices of a public hearing, on
December 18, 2001 at 1:30 p.m. before the City Council, on the report to
property owners of affected real properties, pursuant to Chapter 9.12 of Title
9 of the San José Municipal Code and the Weed Abatement Agreement between the
City of San José and the County of Santa Clara.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 6, 2001, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Cortese, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70725, entitled: “A Resolution of the Council of the City of San Jose Accepting and Confirming the Hazardous Vegetation Commencement Report for the Year 2001-2002 Compiled by the Office of the Santa Clara County Fire Marshal; Declaring Certain Noxious or Dangerous Seasonal and Recurrent Weeds are Growing or are Likely to Grow Upon Certain Public and Private Properties or that Refuse is Situated or Likely to be Situated Upon Certain Properties Within the City of San Jose; Declaring Such Seasonal and/or Recurrent Weeds and Refuse a Public Nuisance; and Directing that Notice of This Resolution and a Public Hearing on the Report on December 18, 2001 at 1:30 P.M. be Given Pursuant to Chapter 9.12 of the San Jose Municipal Code”, was adopted. Vote: 10-0-1-0. Absent: Dando.
OPEN FORUM
(1) Francine Linde, Kim Lyman and Thelma Deal, representing Hilltop Manor, spoke against Eminent Domain action proposed in Item 2.7 deferred to December 18, 2001.
(2) Pete Campbell spoke in favor of making the Executive Director of Redevelopment an elected position.
ADJOURNMENT
The Council of the City of San Jose recessed at 2:35 p.m. and reconvened at 3:00 p.m. for a joint session with the Redevelopment Agency.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK