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, Cortesé, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales
Absent: Council Members: Dando, Vice Mayor Shirakawa, Jr. (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 the case of In re Estate of Fontana; (B) to confer with Legal Counsel regarding anticipated litigation and the initiation of litigation in a matter pursuant to subsection (c) of Section 54956.9 of the Government Code; and (C) for the purpose of conducting Public Employee Performance Evaluations – City Manager, City Attorney, City Clerk, City Auditor, and Independent Police Auditor – pursuant to Government Code Section 54957.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Dando (excused)
Bishop Doug Weiss, Christ the King Church; Pastor Cesar Buitrago, Nueva Generacion En Cristo; Pastor Arthur Lum, Chinese Church in Christ; and Maurice Miller, Youth for Christ, delivered invocations commemorating “National Day of Reconciliation”. (Mayor)
Mayor Gonzales led in the Pledge of Allegiance.
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. Vote:
10-0-1-0. Absent: Dando.
1.1 Presentation of a commendation to the IT Airport Team for the City of San José’s Outstanding Employee Award. (City Manager’s Office)
Documents Filed: Memorandum from Assistant to the City Manager Pamela Jacobs, dated November 14, 2001, recommending the IT Team to be honored at the City Council meeting of December 4, 2001.
Discussion/Action: City Manager Del D. Borgsdorf joined Mayor Gonzales at the Podium and introduced Chief Information Officer Wandzia Grycz and IT Airport Team members William J. Potter, Deputy Director of Aviation; Gaurav Garg, Deputy Chief Information Office; and Steven G. Turne, Supervising Information Systems Analyst, who accepted the commendation. Steve Turner introduced Airport employees – Maureen Gallagher, Diane Idemoto, Art Shinagawa, Vijay Symetta, Amanda Le, Danette, Espitia, and Fong Tran – who are located at the Airport and provide information technology support for Airport Operations. City Manager Del D. Borgsdorf exhibited the plaque, which will be displayed in the Lobby of City Hall, presented the certificate of excellence, and congratulated the IT Team for its commitment to excellence and inter-departmental cooperation and teamwork within the City of San José; and Mayor Gonzales presented awards to each employee.
1.5 Presentation of a proclamation declaring December 8, 2001, as Marine Corps Reserve “Toys for Tots” Day in the City of San José. (Mayor)
(Rules Committee referral 11/28/01)
Documents Filed: None.
Discussion/Action: Mayor Gonzales introduced K-BAY Radio celebrity Sylvia Manker, Chairperson, and Karen Belli, Co-Chairperson, Santa Clara County Toys For Tots Committee, U.S. Marine Corps Gunnery Sergeant Helena E. De Los Santos-Administration Chief, U.S. Marine Corps Gunnery Sergeant Martin M. Aycott-Communications Chief, and long-time member of the Toys For Tots Committee, Steve Preminger who accepted the proclamation. Steve Preminger conveyed the Committee’s appreciation to Mayor Gonzales for serving as Honorary Chair for 2001, and invited San José families to deliver toys to one of several drop-off stations on Saturday, December 8, 2001.
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 taken
as indicated. Vote: 10-0-1-0. Absent:
Dando.
2.2 (a) Final adoption of Ordinance No. 26519 – Rezones certain real property situated at the southeast corner of Jackson and North Seventh Streets.
PDC 01-03-049
Documents Filed: Proof of publication of the title of Ordinance No. 26519 executed on
November 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26519 was
adopted. Vote: 10-0-1-0. Absent: Dando.
(b) Final adoption of Ordinance No. 26520 – Rezones certain real property situated at the east side of North First Street, approximately 500 feet northerly of Brokaw Road (2108 and 2116 North First Street).
C 00-11-111
Documents Filed: Proof of publication of the title of Ordinance No. 26520 executed on
November 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26520 was
adopted. Vote: 10-0-1-0. Absent: Dando.
(c) Final adoption of Ordinance No. 26521 – Rezones certain real property situated at the west side of Zanker Road, approximately 600 feet southerly of Tasman Drive.
PDC 01-04-053
Documents Filed: Proof of publication of the title of Ordinance No. 26521 executed on
November 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26521 was
adopted. Vote: 10-0-1-0. Absent: Dando.
2.3 Adoption of a resolution authorizing the reorganization of territory designated as Evergreen No. 185, which involves the annexation to the City of San José of 2.51 gross acres of land, located at the east side of Ruby Avenue, approximately 52 feet northerly of Murillo Avenue, and the detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area. CEQA: Negative Declaration. Council District 8.
(Planning, Building, and Code Enforcement)
(Deferred from 8/28/01 – item 2.11 and 10/2/01 – Item 2.3)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 14, 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.
Discussion/Action: Resolution No. 70727,
entitled: “Resolution of the Council of the City of San José Ordering the
Reorganization of Certain Uninhabited Territory Designated as Evergreen No. 185
Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.4 Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor)
(Deferred from 10/30/01 – Item 2.11 et al., and 11/20/01 – Item 2.9)
Documents Filed: None.
Discussion/Action: This item was deferred to December 11, 2001.
2.5 Approval of the first amendment to the consultant agreement with GLS Research to expand the scope of services to include conducting two focus groups for the San José Composts Program and increase compensation by $12,000, from $91,825 to $103,825. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 14, 2001, recommending Council approve the first amendment to said agreement.
Discussion/Action: The first amendment to the
consultant services agreement with GLS Research was approved and execution of
the amendment authorized. Vote: 10-0-1-0.
Absent: Dando.
2.6 Adoption of a resolution authorizing the Director of the Environmental Services Department to submit an application to the California Integrated Waste Management Board, Reuse Assistance Grant Program for supporting recycling programs in San José Public schools, in the amount of $50,000, to accept the grant on behalf of the City and to execute all documents necessary to implement the grant. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 14, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70728,
entitled: “A Resolution of the Council of the City of San José Authorizing the
Director of Environmental Services to Submit a Grant Application to the
California Integrated Waste Management Board for a Reuse Assistance Grant in
the Amount of $50,000 for Support of School Recycling Programs and Authorizing
the Director to Accept the Grant Funds on Behalf of the City and to Execute All
Documents Necessary to Implement the Grant”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.7 (a) Report on bids for the San José International Airport runway rubber removal and pavement surface cleaning services and approval of award to the low cost vendor, Ackerman & Sons Company, in the amount not to exceed $125,000, and authorization for the Director of General Services to execute the service order.
(b) Authorization for the Director of General Services to exercise the option to renew the contract for four (4) additional one (1) year extensions without further Council action, other than the appropriation of funds.
(General Services)
Documents Filed: None.
Discussion/Action: Richard D. Rohrbacher, Chief
Executive Officer, Cyclone Surface Cleaning, stated the City’s specifications
have not been met by the contractor and asked Council to reject the four-year
option and award of contract to Ackerman & Sons Company. Council Member
LeZotte suggested Staff address the claims made by the speaker regarding the
failure of the contactor to perform in accordance with job specifications, and
recommended a one-week deferral to allow Staff the opportunity to consider the
allegations. Council Member Diquisto opposed the deferral predicated on his
confidence in Staff’s conclusions. Upon motion by Council Member LeZotte,
seconded by Council Member Reed and carried, Staff was directed to address the
concerns expressed by the representative from Cyclone Surface Cleaning, and
deferred this item to December 11, 2001. Vote:
9-1-1-0. Noes: Diquisto. Absent: Dando.
2.8 Adoption of a resolution to modify the term of the permanent loan to Shiraz Senior Housing L.P. from 30 years to 40 years and to modify the loan to ROEM Development Corporation secured by the underlying fee title from 32 years to 40 years for the development of the Shiraz Senior Housing Apartments, a 61-unit housing development affordable to very low-income senior households located at 1275 McLaughlin Avenue, south of Owsley Avenue. Council District 7. SNI: Tully/Senter. (Housing)
Documents Filed: Memorandum from Acting Director of Housing, Leslie Corsiglia, dated November 14, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70729,
entitled: “A Resolution of the Council of the City of San José Modifying the
Term of the Permanent Loan to Shiraz Senior Housing, L.P. From 30 Years to 40
Years and Modifying the Term of the Permanent Loan to ROEM Development
Corporation From 32 Years to 40 Years for the Development of the Shiraz Senior
Housing Apartments, a 61-Unit Housing Development Affordable to Very Low-Income
Seniors Located at 1275 McLaughlin Avenue, south of Owsley Avenue”, was
adopted. Vote: 10-0-1-0. Absent: Dando.
2.9 Adoption of appropriation ordinance amendments in the Library Construction and Conveyance Tax Fund for the Joint Library Project with a net impact to the fund of $161,200. (Library/City Manager’s Office)
Documents Filed: Memorandum from City Librarian Jane Light, and Budget Director Larry D. Lisenbee, dated November 14, 2001, recommending Council approve said appropriation ordinance amendments in the Library Construction and Conveyance Tax Fund.
Discussion/Action: Ordinance No. 26523,
entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to
Appropriate Moneys in the Library Construction and Conveyance Tax Fund in the
Amount of $161,200, for the Joint Library Project; and Providing That This
Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.10 Adoption of a resolution initiating proceedings and setting January 8, 2002 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as San José North No. 13, which involves the annexation to the City of San José of 7.27 acres of land, located at the northeast corner of State Route 237 and Great America Parkway, and the detachment of the same from the appropriate special districts including Central Fire District and County Library Service Area. CEQA: Exempt. Council District 4. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 14, 2001, recommending the placement of said action on the Consent Calendar of December 4, 2001 City Council Agenda.
Discussion/Action: Resolution No. 70730,
entitled: “Resolution of the Council of the City of San José Initiating
Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited
Territory Designated as San José North No. 13 and Described Herein, and Setting
the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.11 Adoption of a resolution authorizing the reorganization of territory designated as Parker No. 23, which involves the annexation to the City of San José of 1.24 gross acres, located at the south side of Woodard Avenue, approximately 110 feet easterly of Starview Drive, and the detachment of the same from the Central Fire Protection District and West Valley Sanitation District. CEQA: Resolution No. 65459. Council District 9. (Planning, Building, and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 14, 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..
Discussion/Action: Resolution No. 70731,
entitled: Resolution of the Council of the City of San José Ordering the
Reorganization of Certain Uninhabited Territory Designated as Parker No. 23
Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 10-0-1-0. Absent: Dando.
2.12 Adoption of a resolution extending the timing for approval of the resolution ordering the annexation of unincorporated lands described as Buena Vista No. 1, approximately 38 gross acres generally bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue, and Meridian Avenue and parcels on both sides of Buena Vista Avenue until April 1, 2002; and after successful completion of a Proposition 218 election related to the imposition of taxes and fees associated with the annexation to the City of San José to be held at the next General Municipal election in March 2002. CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required. Council District 6. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 14, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70732,
entitled: “A Resolution of the Council of the City of San José Approving an
Extension of Time to April 1, 2002 for the Filing of a Certificate of
Completion of Certain Annexation Proceedings, Commonly Known as Buena Vista No.
1, Consisting of Approximately 38 Gross Acres Generally Bounded by West San
Carlos Street, Scott Street, Chiechi Avenue, and Meridian Avenue”, was adopted.
Vote: 10-0-1-0. Absent: Dando.
2.13 Adoption of a resolution determining that public use and necessity require the acquisition of a portion of a certain property owned by Frank and Virginia Perrotta, Trustees, as to a 54/100 interest and Charles F. Perrotta as to a 46/100 interest, located at 33 Lewis Road, and directing the filing of an eminent domain action. CEQA: Exempt. Council District 7. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 14, 2001, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke
against the proposed action. Resolution No. 70733, 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: Lewis Road 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: Dando.
2.14 (a) Report on bids and award of contract for the Parma Park Renovation Project to the low bidder, Perma-Green Hydroseeding, Inc., to include the base bid and Add Alternate Nos. 1 and 2 in the amount of $945,000, and approval of a contingency in the amount of $95,000.
(b) Adoption of the following appropriation ordinance amendments in the Park Trust Fund:
(1) Establish an appropriation of $308,000 for the Parma Park Renovation Project.
(2) Decrease the Reserve: Future PDO/PIFO Projects by $308,000.
CEQA: Exempt. Council District 10. (Public Works)
Documents Filed: (1) Supplemental memorandum from Acting Director of Public Works Rajeev Batra, and Budget Director Larry D. Lisenbee, dated November 28, 2001, providing additional information and bid results obtained after the bid opening on November 27, 2001, and recommending Council approve appropriate action on the award of contract and appropriation ordinance amendments. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated November 14, 2001, recommending Council accept the bid report and award said contract to the low bidder and approve said contingency.
Discussion/Action: The report on bids was
accepted and award of contract and contingency were approved and execution of
the contract authorized; and Ordinance No. 26524, entitled: “An Ordinance of
the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the
Park Trust Fund in the Amount of $308,000, for the Parma Park Renovation
Project; and Providing That This Ordinance Shall Become Effective Immediately
Upon Adoption”, was adopted. Vote:
10-0-1-0. Absent: Dando.
2.15 Approval of Contract Change Order No. 2 for the City Hall Hallways Improvement Project with Eddie Torrez Construction for additional construction work in the amount of $23,893, for a total contract amount of $99,735; approval of an increase in the construction contingency by $22,805, for a total contingency in the amount of $33,805, and extension of the term of contract by 15 working days to October 31, 2001. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 14, 2001, recommending Council approve the contract change order and increase the contingency amount.
Discussion/Action: William J. Garbett spoke
against the proposed action. Contract Change Order No. 2 with Eddie Torrez
Construction was approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Dando.
2.16 Approval of the following actions:
(a) Approval of a continuation agreement
with Amphion Environmental, Inc. for consultant services for Various Park and
Recreation Projects, extending the term of the master agreement from October
28, 2001 to December 31, 2002, and increasing compensation in an amount not to
exceed $15,000, for total maximum agreement amount not to exceed $215,000.
(b) Adoption of an appropriation ordinance
amendment in the Citywide Construction and Conveyance Tax Fund:
(1) Increasing the Bay Trail Planning/EIR
project by $18,000.
(2) Decreasing the Ending Fund Balance by
$18,000.
(Public Works/City Manager's Office)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, and Budget Director Larry D. Lisenbee, dated November 14, 2001, recommending Council approve the continuation agreement and adopt said ordinance.
Discussion/Action: The continuation agreement
with Amphion Environmental, Inc., was approved and execution of the agreement
authorized; and Ordinance No. 26525, entitled: “An Ordinance of the City of San
José Amending Ordinance No. 26415 to Appropriate Moneys in the Construction and
Conveyance Tax Fund in the Amount of $18,000, for Various Park and Recreation
Projects; and Providing That This ordinance Shall Become Effective Immediately
Upon Adoption”, was adopted. Vote:
10-0-1-0. Absent: Dando.
3.2 Report of the Rules Committee – Rules-in-Lieu Meeting of November 21, 2001
Documents Filed: Rules Committee Rules-In-Lieu Report of November 21, 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 December 4, 2001 Draft Agenda
The Committee approved the December 4, 2001 City Council Agenda.
(2) Add New Items to November 27, 2001, 2001 Amended Agenda
The Committee recommended one addition to the November 27, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
None Filed.
(d) Meeting Schedules
None Presented.
(e) The Public Record
No Public Record was filed.
(f) Boards, Commissions and Committees
None Presented.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee. Attachment: Memorandum from City Manager Del D. Borgsdorf, and City Auditor Gerald A. Silva, dated November 13, 2001, recommending the Rules Committee approve the amendment to the Work Plan of the City Auditor.
The Committee recommended approval of an amendment to the workplan of the City Auditor which would authorize his office to participate in the review of the Management Plan that should be submitted in response to the RFP for operation of the Municipal Water System.
(h) Administrative Reviews and Approval
None Presented.
(i) Oral Communications
None Presented.
(j) Adjournment
The meeting was 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-in-Lieu Committee Report and actions of November 21, 2001 were accepted. Vote: 10-0-1-0. Absent: Dando.
Report of the Rules Committee – Meeting of November 28, 2001 (Partial)
Documents Filed: Partial Rules Committee Report of the meeting of November 28, 2001.
(k) Administrative Reviews and Approval. Attachment: Memorandum from City Manager, Del D. Borgsdorf, dated November 27, 2001, recommending the approval of the proposed designation of Betsy Shotwell, Director of Intergovernmental Relations as the alternate voting delegate at the December 8, 2001 Annual Business Meeting for the National League of Cities.
(1) Appoint Alternate Voting Delegate for National League of Cities Annual Business Meeting
The Committee recommended appointment of Betsy Shotwell, Director of Intergovernmental Relations, as the alternate voting delegate at the December 8, 2001 Annual Business Meeting for the National League of Cities.
Discussion/Action: Upon motion by Vice Mayor
Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the
partial Rules Committee Report and actions of November 28, 2001 were accepted. Vote: 10-0-1-0. Absent: Dando.
3.4 Adoption of a resolution:
(a) Calling for a General Municipal Election to be held on March 5, 2002, for the purpose of electing a Mayor and a Council Member from Districts 1, 3, 5, 7, and 9, each for a full term beginning January 1, 2003 and ending December 31, 2006; and
(b) Ordering on the Council’s own motion, the submission to the electors a measure to allow the annexation of certain real property known as the Buena Vista Neighborhood to the City of San José subject to City taxes and fees; and
(c) Ordering on the Council’s own motion submission of one (1) measure to the electors authorizing the issuance of a general obligation bond as follows:
(1) “San José 9-1-1, Fire, Police, Paramedic, and Neighborhood Security Act” bond in the maximum principal amount of $159,000,000.
(City Clerk)
Documents Filed: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated November 30, 2001, recommending Council adopt said resolution. (2) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated December 4, 2001, recommending Council approve the proposed ballot language for the March 2002 General Election related to the imposition of additional taxes and fees associated with the annexation of Buena Vista No. 1. (3) Memorandum from Mayor Gonzales, dated December 3, 2001, recommending Council adopt a resolution placing the “San José 911, Fire, Police, Paramedic, and Neighborhood Security Act” bonds measure on the ballot of the March 5, 2002 General Election. (4) Electronic mail correspondence from Neal Pate, dated December 4, 2001, expressing opinion on the issuance of a general obligation bond.
Discussion/Action: Neal Pate, Pete Campbell,
Ross Signorino, and William J. Garbett spoke against the proposed action. Upon
motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and
unanimously carried, Resolution No. 70734, entitled: “A Resolution of the
Council of the City of San José Calling and Giving Notice of a General
Municipal Election to be Held in the City of San José on March 5, 2002, for the
Purpose of Electing One Person for the Office of Mayor, and One Person Each
From Council Districts One, Three, Five, Seven, and Nine to the Council of the
City of San José for Full Four-Year Terms; and Ordering On Its Own Motion, the
Appropriate Submission for Approval or Rejection at the General Municipal
Election to be Held on March 5, 2002, a Measure to Allow the Annexation of
Certain Real Property to the City of San José Subject to City Taxes and Fees
and a Measure Calling for the Issuance of General Obligation Bonds for the
Acquisition and Construction of Certain Municipal Improvements in the City of
San José Requesting the Consolidation of Said Election With the State Direct
Primary Election to be Held in Santa Clara County on March 5, 2002, Requesting
the Board of Supervisors of the County of Santa Clara to Canvass the Returns of
Said Election and to Permit the County Registrar of Voters to Render Certain
Services to the City of San José Relating to the Conduct of Said Election;
Establishing Fees for Candidates Statements and For Filing Notices of Intent to
Circulate Petitions; and Directing That Certain Other Actions be Taken With
Regard to the Election”, was adopted. Vote:
10-0-1-0. Absent: Dando.
3.5 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)
(Continued from 11/27/01 – Item 3.4)
Documents Filed: Supplemental memorandum from City Clerk, Patricia L. O’Hearn, November 26, 2001, recommending appointment of representatives to City Boards and Commissions.
Discussion/Action: As a point of clarification,
City Clerk Patricia O’Hearn stated there are vacancies on the Suggestion Award
Commission for two employees and one alternate employee who would serve in the
absence of either employee representative; however, only two employees
participated in the election, and one was the Incumbent. She emphasized the
point that employees who are recommended to be representatives on City Boards
and Commissions by election are subject to discretionary appointment by the
City Council. Upon motion by Council Member Diquisto, seconded by Vice Mayor
Shirakawa, Jr. and unanimously carried the following appointments were
approved: Bradley Imamura, Federated City Employees Retirement System Board;
Bret Muncy, Police and Fire Department Retirement Plan Board of Administration;
Bill Brill, Civil Service Commission; and Denise Antonowicz and Stephanie
Menzies, Suggestion Award Commission. Vote:
10-0-1-0. Absent: Dando.
3.6 Adoption of a resolution in support of AB 1058, a bill to reduce greenhouse gas emissions from passenger vehicles and light trucks in California. (LeZotte)
(Rules Committee referral 11/28/01)
Documents Filed: Memorandum from Mayor Gonzales and Council Member LeZotte, dated November 26, 2001, recommending Council adopt said resolution.
Discussion/Action: Christie Cowin representing
Bluewater Network spoke in favor of the proposed legislation. Upon motion by
Council Member LeZotte, seconded by Council Member Reed and unanimously
carried, Resolution No. 70735, “A Resolution of the Council of the City of San
José in Support of AB 1058 to Reduce Greenhouse Gas Emissions From Passenger
Cars and Light-Duty Trucks”, was adopted. Vote:
10-0-1-0. Absent: Dando.
4.2 (a) PUBLIC HEARING on and adoption of resolutions regarding the designation of the following properties as landmarks of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature:
(1) Center for the Performing Arts, 241-271 Park Avenue
(2) Farmer’s Union Building, 151 W. Santa Clara Street
(3) Masson Building, 161 W. Santa Clara Street
(4) Wright/Bailey House, 312-314 S. Third Street
(5) Costa & Miller Building, 520 S. First Street
(b) Report to City Council in response to questions
regarding the Landmark designation process and historic resource surveys.
(Planning,
Building and Code Enforcement)
Council District 3. (Planning, Building and Code Enforcement)
[Deferred from 10/2/01 – Item 4.2(a), (d), (f), (o), (r)]
Documents Filed: (1) Supplemental memorandum from Redevelopment Agency Executive Director Susan F. Shick, and City Manager Del D. Borgsdorf, dated November 15, 2001, discussing timelines for the Downtown Commercial Historic District and St. James Square Historic District Design Guidelines. (2) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 15, 2001, addressing questions asked by Council Members during the October 2, 2001 Council meeting. (3) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 15, 2001, stating the Historic Landmarks Commission recommends that the City Council adopt resolutions designating five properties as landmarks of special historic, architectural cultural, aesthetic, or engineering interest, or value of a historic nature. (4) Supplemental memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 15, 2001, requesting Council approve the recommendation to drop the designation of The Center For The Performing Arts and defer the designation of The Masson Building and the Farmer’s Union Building. (5) Memorandum from Historic Landmarks Commission Secretary Joseph A. Horwedel, dated November 15, 2001, stating the Historic Landmarks Commission recommends that the City Council adopt a resolution designating the Center For The Performing Arts as Historic Landmark No. HL01-124. (6) Notice of Public Hearing on the proposed designation of The Center For The Performing Arts as a Historic Landmark in the City of San José dated August 20, 2001, and Proof of Publication executed on August 31, 2001, submitted by the City Clerk. (7) Memorandum from Historic Landmarks Commission Secretary Joseph A. Horwedel, dated November 15, 2001, stating the Historic Landmarks Commission recommends that the City Council adopt a resolution designating the Farmer’s Union Building as Historic Landmark No. HL01-139. (8) Notice of Public Hearing on the proposed designation of the Farmer’s Union Building as a Historic Landmark in the City of San José dated August 20, 2001, and Proof of Publication executed on August 31, 2001, submitted by the City Clerk. (9) Affidavit of Mailing of Resolution No. 70736 dated January 14, 2002, and the Affidavit of Routing of Resolution No. 70736 dated January 10, 2002, both submitted by the City Clerk. (10) Memorandum from Historic Landmarks Commission Secretary Joseph A. Horwedel, dated November 14, 2001, stating the Historic Landmarks Commission recommends that the City Council adopt a resolution designating the Masson Building as Historic Landmark No. HL01-138. (11) Notice of Public Hearing on the proposed designation of the Masson Building as a Historic Landmark in the City of San José dated August 20, 2001, and Proof of Publication executed on August 31, 2001, submitted by the City Clerk. (12) Affidavit of Mailing of Resolution No. 70737 dated January 14, 2002, and the Affidavit of Routing of Resolution No. 70737 dated January 10, 2002, both submitted by the City Clerk. (13) Memorandum from Historic Landmarks Commission Secretary Joseph A. Horwedel, dated November 15, 2001, stating the Historic Landmarks Commission recommends that the City Council adopt a resolution designating the Wright/Bailey House as Historic Landmark No. HL01-137. (14) Notice of Public Hearing on the proposed designation of the Wright/Bailey House as a Historic Landmark in the City of San José dated August 20, 2001, and Proof of Publication executed on August 31, 2001, submitted by the City Clerk. (15) Affidavit of Mailing of Resolution No. 70738 dated January 14, 2002, and the Affidavit of Routing of Resolution No. 70738 dated January 10, 2002, both submitted by the City Clerk. (16) Memorandum from Historic Landmarks Commission Secretary Joseph A. Horwedel, dated November 15, 2001, stating the Historic Landmarks Commission recommends that the City Council adopt a resolution designating the Costa and Miller Building as Historic Landmark No. HL01-128. (17) Notice of Public Hearing on the proposed designation of the Costa and Miller Building as a Historic Landmark in the City of San José dated August 20, 2001, and Proof of Publication executed on August 31, 2001, submitted by the City Clerk. (18) Affidavit of Mailing of Resolution No. 70739 dated January 14, 2002, and the Affidavit of Routing of Resolution No. 70739 dated January 10, 2002, both submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the historic landmark designations of the subject properties. Council Member LeZotte stated the designation of The Center For The Performing Arts 241-271 Park Avenue should be eliminated, and the designation of the Masson Building and the Farmer’s Union Building deferred to March 2002 to allow the owners sufficient time to conclude financial arrangements involving a façade easement agreement. She stated the Center For The Performing Arts is afforded the same protections as designated City Landmarks through the California Environmental Quality Act (CEQA) despite the fact that it is not designated, and is deemed a significant historic resource under CEQA. She recommended Council designate the Costa and Miller Building and the Wright/Bailey House as historic landmarks; approve designations for the Masson Building and the Farmer’s Union Building and defer implementation of the designations to March 2002; and eliminate the designation of the Center For The Performing Arts.
The following individuals spoke in favor of the Staff recommendation to drop the designation of The Center For The Performing Arts: Stewart Slaten, American Mexican Theater; John Olson, Preservation Action Council of the City of San José; Richard Ajluni; and Andrew Bates, Ballet San José Silicon Valley; Marti Wachtel, Chair, Historic Landmarks Commission; and Costa/Miller Building property owner Gary Schaezlein spoke in support of the designation. With regards to historic preservation activities in general, Council Member Chavez stated Fredkins Market in the Downtown was demolished without a permit; as intended by the community group, settlement fees of $90,000 and $100,000 were collected for the loss of the Market and Raggio House; in addition to continuous historic surveys commissioned for the Downtown area, a large portion of the funds were to be allocated for neighborhood associations contiguous to the Fredkins site. She asked Staff to prepare an accounting of encumbered funds, expenditures, if any, and remaining historic resources, and to work with the City Attorney’s Office to devise a method to fulfill the City’s commitment to the community. Referencing discussions held in the late 1990s with the Redevelopment Agency regarding the use of the settlement funds, she stated Staff was directed to identify all historic landmarks in the City and timelines of completion for each project; and that the report should include an overlay delineating all historic preservation areas and should identify the beginning and completion dates.
Upon motion by Council Member LeZotte, seconded by
Council Member Chavez and unanimously carried, the designation of the Center
For The Performing Arts was dropped; the designation of two buildings – the
Masson Building and the Farmer’s Union Building – were approved and deferred to
March 2002 to allow the owners sufficient time to conclude specified financial
arrangements; Staff was directed to provide financial accounting of the
$100,000, which was collected by the community to repair damages to Fredkins
Market, including expenditures and remaining balance, and to submit a report
and recommendations to Council in January 2002 regarding fulfillment of the
City’s commitment to that project; and Staff was directed to identify
participants and the dates for preservation action sessions and provide Council
with a meeting schedule; and Resolution No. 70736, entitled: “Resolution of the
Council of the City of San José Designating, Pursuant to the Provisions of
Chapter 13.48 of Title 13 of the San José Municipal Code, the Farmer’s Union
Building, Located at 151 W. Santa Clara Street, as a Landmark of Special
Historical Architectural, Cultural, Aesthetic, or Engineering Interest or Value
of a Historic Nature”; Resolution No. 70737, entitled: “Resolution of the
Council of the City of San José Designating, Pursuant to the Provisions of
Chapter 13.48 of Title 13 of the San José Municipal Code, the Masson Building,
Located at 161 W. Santa Clara Street, as a Landmark of Special Historical
Architectural, Cultural, Aesthetic, or Engineering Interest or Value of a Historic
Nature”; Resolution No. 70738, entitled: “Resolution of the Council of the City
of San José Designating, Pursuant to the Provisions of Chapter 13.48 of Title
13 of the San José Municipal Code, the Wright Bailey House, Located at 312-314
S. Third Street, as a Landmark of Special Historical Architectural, Cultural,
Aesthetic, or Engineering Interest or Value of a Historic Nature”; Resolution
No. 70739, entitled: “Resolution of the Council of the City of San José
Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San
José Municipal Code, the Costa and Miller Building, Located at 520 S. First
Street, as a Landmark of Special Historical Architectural, Cultural, Aesthetic,
or Engineering Interest or Value of a Historic Nature”, were adopted. Vote: 10-0-1-0. Absent: Dando.
4.3 Staff presentation and discussion of reasonable accommodation policies and process of notification. (City Attorney’s Office)
[Economic Development & Environment Committee referral – Item 4.1(i)]
(Deferred from 11/20/01 – Item 4.4)
Documents Filed: None.
Discussion/Action: This item was deferred to December 18, 2001.
4.5 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: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 27, 2001, recommending Council adopt said resolution.
Discussion/Action: Mayor Gonzales opened the
public hearing on the proposed vacation of the subject property. There was no
discussion from the Floor. Upon motion by Council Member Cortesé, seconded by
Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was
closed and Resolution No. 70740, entitled: “Resolution of the Council of the
City of San José Vacating Silver Creek Road, Between Yerba Buena Road and
Silver Creek Valley Road, and Reserving a Public Service Easement”, was
adopted. Vote: 10-0-1-0. Absent: Dando.
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – November 19, 2001
Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of November 19, 2001
(a) Youth Commission Monthly Report. Attachment: Memorandum from Youth Commissioner Chairperson Jennifer Hernandez, dated November 7, 2001, submitting the Monthly Report for October, 2001.
The Committee accepted the staff report.
(b) Library Commission’s Annual Report on Library Benefit Assessment District. Attachment: Memorandum from San José Library Chair Edna Sewill, dated November 7, 2001, transmitting the review of the fiscal year 2000-2001 Library Benefit Assessment District Expenditures.
The Committee accepted the staff report.
(c) Animal Care and Services Status Report. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 7, 2001, providing a brief status report of the Animal Care and Services Division in the Parks, Recreation and Neighborhood Services Department, and requesting additional time to complete a full status report for the January Committee meeting in January 2002.
The Committee accepted the request for deferral of the report with Staff directed to return to Council in January 2002 with a report that incorporates (1) legal guidelines for the City taking a leadership role over animal care; (2) statements of philosophy that were put forward in making the decision to take a leadership role; (3) capacity of facility based on need; (4) building design (actual layout of building), and (5) what other cities are doing in relation to animal care.
(d) San José BEST Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, and Chief of Police William M. Lansdowne, dated November 7, 2001, providing an update on the City’s truancy reduction efforts conducted in partnership with school districts and other agency partners.
A report for each Council District with the following truancy information:
· Raw Numbers, along with percentages
· Number of truants by age and how many have learning disabilities, drug problems and/or mental health problems
· Student profiles, by school
· Types of programs being offered
· Amount of money being lost by school districts
· What are best practices
· Income level of families
The Committee accepted the staff report with direction to Staff to (1) work with the school collaborative to look at overall strategies and obtain a commitment for increased ADA and sharing of those resources; (2) obtain information on truant students once returned to school; (3) obtain “best practices” from alternative high schools; and (4) prior to reporting to Council, conduct a global comparison of ethnicity versus case management.
(e) Proposed Implementation of Skate Parks [Deferred from 10/15/01 Education, Neighborhoods, Youth and Seniors Committee]. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 3, 2001, recommending an implementation plan for the future development of skate parks in San José.
The Committee accepted the staff report.
Aging Services Master Plan [Deferred from 10/15/01 Education, Neighborhoods, Youth and Seniors Committee]. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 3, 2001, recommending Council accept the report on an informational basis with no action recommended at this time.
· -Preliminary report on strategies and process for updating the Plan, including cost per unit.
· -Plans for Senior’s citywide event for May 2002
The Committee accepted the staff report.
(f) Aging Services Master Plan [Deferred from 10/15/01 Education, Neighborhoods, Youth and Seniors Committee]. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 3, 2001, recommending Council accept the report on an informational basis with no action recommended at this time.
· Preliminary report on strategies and process for updating the Plan, including cost per unit
· Plans for Senior’s citywide event for May 2002
The Committee accepted the staff report.
(g) Oral petitions
None Presented.
(h) Adjournment
The Committee adjourned at 10:45 a.m.
Discussion/Action: Upon motion by Council
Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried,
the Education, Neighborhoods, Youth, and Seniors Committee Report and actions
of November 19, 2001 were accepted. Vote:
10-0-1-0. Absent: Dando.
5.2 Approval of first amendments to four
master agreements for design consultant services with four landscape
architecture firms for Various Park and Recreation Projects, increasing the
maximum amount of compensation as follows:
(a) Moore Iacofano Goltsman, Inc., for a total agreement amount of $800,000.
(b) the beals group, inc., for a total agreement amount of $800,000.
(c) Cottong & Taniguchi, for a total agreement amount of $600,000.
(d) MPA Design, for a total agreement amount of $500,000.
(Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 14, 2001, recommending Council approve the first amendments to said agreements.
Discussion/Action: Upon motion by Council
Member Williams, seconded by Council Member Chavez and unanimously carried, the
first amendments to the four master agreements with Moore Iacofano Goltsman,
Inc., the beals group, inc., Cottong & Taniguchi, and MPA Design were approved
and execution of the amendments authorized. Vote:
10-0-1-0. Absent: Dando.
5.3 (a) Adoption of a resolution:
(1) Accepting grant funding from the State Department of Parks and Recreation for the Coyote Creek Trail Feasibility Study between Highways 101 and 280.
(2) Authorizing the City Manager, or his designee, to negotiate and execute all documents relating to the grant funding agreement.
(b) Appointment of the Parks, Recreation and Neighborhood Services Department as the lead agency for the City.Council District 3. SNI: 13th Street, Five Wounds/Brookwood Terrace, Spartan/Keyes, University. (Parks, Recreation and Neighborhood Services)
(Rules Committee referral 11/28/01)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 28, 2001, noting the reason for addendum and recommending council adopt said resolution and appoint the lead agency for the City.
Discussion/Action: Upon motion by Vice Mayor
Shirakawa, Jr., seconded by Council member Chavez and unanimously carried,
Resolution No. 70741, entitled: “A Resolution of the Council of the City of San
José Accepting Grant Funding From the State Department of Parks and Recreation
for the Coyote Creek Trail Feasibility Study Between Highways 101 and 280, and
Authorizing the City Manager to Negotiate and Execute All Related Documents”,
was adopted and the Department of Parks, Recreation and Neighborhood Services
appointed as the lead agency for the City in the matter of Coyote Creek (101 to
280) Trail Feasibility Study and expenditure of funds. Vote: 10-0-1-0. Absent: Dando.
5.4 (a) Adoption of a resolution:
(1) Accepting grant funding from the State Coastal Conservancy for the Coyote-Alamitos Canal Trail Feasibility Study.
(2) Authorizing the City Manager, or his designee, to negotiate and execute all documents relating to the grant funding agreement.
(b) Appointment of the Parks, Recreation and Neighborhood Services Department as the lead agency for the City. Council Districts 2 and 10. (Parks, Recreation and Neighborhood Services)
(Rules Committee referral 11/28/01)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 28, 2001, noting the reason for addendum and recommending Council adopt said resolution and appoint the lead agency for the City.
Discussion/Action: Upon motion by Council
Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried,
Resolution No. 70742, entitled: “A Resolution of the Council of the City of San
José Accepting Grant Funding From the State Coastal Conservancy for the
Coyote-Alamitos Canal Trail Feasibility Study, and Authorizing the City Manager
to Negotiate and Execute All Related Documents”, was adopted and the Department
of Parks, Recreation and Neighborhood Services appointed as the lead agency for
the City in the matter of Coyote-Alamitos Canal Trail Feasibility Study and
expenditure of funds. Vote: 10-0-1-0.
Absent: Dando.
7.1 (a) Approval
of Contract Change Order No. 2 with Elmore Pipe Jacking, Inc., for the
Monterey-Riverside Supplement Sanitary Sewer Project in the amount of
$541,009.80, for a total contract amount of $4,770,736.97, and extending the
contract by 54 working days to January 31, 2002. CEQA: Exempt.
(b) Adoption of appropriation ordinance
amendments in the Sanitary Sewer Connection Fee Fund in the amount of $541,000.
Council District 2. (Public Works/City Manager's Office)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, and Budget Director, Larry D. Lisenbee, dated November 14, 2001, recommending Council approve said change order and adopt said appropriation ordinance amendments.
Discussion/Action: Upon motion by Council
Member Diquisto, seconded by Council Member Williams and unanimously carried,
Contract Change Order No. 2 with Elmore Pipe Jacking, Inc., was approved and
execution of the change order authorized; and Ordinance No. 26526, entitled:
“An Ordinance of the City of San José amending Ordinance No. 26415 Which
Appropriates Moneys in the Sanitary Sewer Connection Fee Fund in the Amount of
$541,000, for the Monterey-Riverside Supplemental Project; and Providing That
This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Dando.
7.2 Adoption of a resolution authorizing the City Manager to submit two grant proposals to the California Public Utilities Commission - Energy Efficiency Program for:
(a) A Small Business Energy Efficiency Program in the amount of $8,000,000 that would provide education, referrals, audits, and energy efficiency incentives for small businesses in San José for a two-year term, beginning about March 2002; and,
(b) An Energy Performance Design Assistance
Program in the amount of $1,000,000 that would provide education, design
assistance, and energy efficiency financial incentives for municipal and
private sector new construction projects in San José for a two-year term,
beginning about March 2002.
(Environmental Services)
(Rules Committee referral 11/28/01)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 27, 2001, noting the reason for addendum and recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council
Member Williams, seconded by Council Member Reed and unanimously carried,
Resolution No. 70743, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Execute and Submit Applications to the
California Energy Commission for a Grant for a Small Business Energy Efficiency
Program in the Amount of $8,000,000 and a Grant for an Energy Performance
Design Assistance Program in the Amount of $1,000,000 Both for Two Year Terms,
Beginning About March 2002”, was adopted. Vote:
10-0-1-0. Absent: Dando.
8.1 Approval of a cooperation agreement with the County of Santa Clara for the Improvement of Central Expressway and De La Cruz Boulevard Intersection, in the amount of $409,400. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 14, 2001, recommending Council approve said agreement.
Discussion/Action: Upon motion by Council Member Cortesé, seconded by Council Member Diquisto and unanimously carried, the cooperation agreement with the County of Santa Clara was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Dando.
Disclosure of Closed Session Action of December 4, 2001 submitted by City Attorney, J. Richard Doyle:
A. Authority to Enter Litigation Cases as Amicus Curiae:
Case Name: International Society for Krishna Consciousness of California, Inc. v. City of Los Angeles
Adverse Party or Parties: International Society of Krishna Consciousness of California, Inc.
Substance of Litigation: This is an action challenging the validity of a Los Angeles Ordinance that prohibits the solicitation and immediate receipt of funds in its airport terminal, parking areas, and sidewalks.
Council Vote: Ayes: Campos, Chavez, Cortesé, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales.
Noes: None.
Absent: Dando, Shirakawa, Jr.,
Disqualified: None.
In
accordance with Sec. 19.16.140d of the San José Municipal Code, this is a
notice of the City Engineer’s receipt of the following Final Maps for review:
|
Tract |
Location |
Council District |
Developer |
Lots/Units |
Type |
|
9394 |
East side of Bonita Ave. North of Herald Ave. |
3 |
Bonita Condos LLC |
21 Units |
SF attached |
(1) Pete Campbell spoke in opposition to the use of Redevelopment Agency funds to operate and maintain a Holiday Boutique. For clarification, City Attorney advised that Redevelopment Agency funds could be used for such a project.
(2) Ross Signorino commented on the malfunctioning sound system.
Following Open
Forum, Council recessed at 3:15 p.m. and reconvened at 7:05 p.m., Council
Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Dando (excused)
On behalf of Council Member Dando, Mayor Gonzales welcomed
Cub Scout Pack 340, 13 Cub Scout Webelos and Den Leaders Bernard Hiller and
Cindy Blaine from Council District 10, and asked the special guests from the
Pioneer District to stand and be recognized.
1.2 Presentation of a commendation to West Coast Aquatics for their efforts in raising money for the children of Afghanistan. (Cortese/Reed)
Documents Filed: None.
Discussion/Action: Council Members Cortesé and Reed joined Mayor Gonzales at the Podium, introduced the coaches – Bart and Natalie – Program Leader Dori Isaacs and the youth from West Coast Aquatics. The athletes contributed their prized possessions – First, Second and Third Place competition ribbons and medals – as part of an auction. The ribbons and medals were braided into a replica of the American Flag, sold at an auction, and the proceeds, approximately $1,000, were donated through the March of Dimes to benefit the Children of Afghanistan. Council Member Cortesé presented a personal letter to Dori Isaacs in appreciation of her contributions to the Aquatics Team and the youth of the East Side Union High School District. Council Members thanked the youth, coaches, parents, and volunteers for their contributions and Mayor Gonzales presented the commendation to Team.
1.3 Presentation of a commendation to Santa Teresa High School for striving for excellence in teacher instruction, academic performance, and student participation beyond the classroom. (Williams)
Documents Filed: None.
Discussion/Action: Council Member Williams joined Mayor Gonzales at the Podium and introduced Principal Fredella Carr, administrators, teachers, and students from Santa Teresa High School, who contributed in excess of $9,000 to the care and recovery efforts of the victims of the bombings in New York. Mayor Gonzales presented the commendation and congratulated the educators for their achievements.
1.4 Presentation of commendations to the members of the East Valley/680 Strong Neighborhoods Initiative (SNI) Neighborhood Advisory Committee (NAC) for their work and dedication in completing their neighborhood improvement plan. (Campos)
(Rules Committee referral 11/28/01)
Documents Filed: None.
Discussion/Action: Council Member Campos joined Mayor Gonzales at the Podium and presented commendations to the members of the Neighborhood Advisory Committee for their work and dedication in completing their neighborhood improvement plan.
1.6 Presentation of Human Rights Commission award to Christa Gannon for her activities for Fresh Lifelines for Youth (FLY). (Yeager)
(Rules Committee referral 11/28/01)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Yeager, Human Rights Commission Chair Paul Feci, and Commissioners Ashu Kalra, Herman Levy, Linda Colar, Jeannette Leach, and guest of honor Christa Gannon. As a Stanford Law School graduate, Christa Gannon founded in 1998 the nationally recognized FLY Program to meet the mentoring needs of at-risk youth in Santa Clara County; currently, the Program serves more than 500 youth referred by the Courts. Commission Chair Feci presented the award to Christa in honor of her exemplary work among young people.
City Clerk, Patricia
L. O’Hearn read the requests for continuances of applications and other actions
as recommended. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council
Member Chavez and unanimously carried, the below noted continuances and other
actions were granted. Vote: 10-0-1-0.
Absent: Dando.
11.1 PUBLIC HEARING ON STREET RENAMING of a proposed frontage road running parallel to the east of State Highway 87, between the northerly line of West Hedding Street and southerly line of Coleman Avenue to Guadalupe Road. CEQA: Exempt.
District 3
Documents Filed: None.
Discussion/Action: This item was continued to December 18, 2001.
11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Capitol Expressway and Vista Park Drive, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 355 single-family and multi-family attached residential units on 15 gross acres. (Capitol Vista Oaks LP, Owner; Pinn Brothers Fine Homes, Developer). CEQA: Mitigated Negative Declaration.
PDC 01-02-028 - District 7
(Continued from 11/20/01 – Item 11.6)
Documents Filed: None.
Discussion/Action: This item was continued to December 18, 2001.
11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the block bounded by North First, Taylor, Miller, and Asbury Streets, from R-2 Residence and CG Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 400 attached residential units and 7,000 square feet of commercial uses on 2.8 gross acres. (Barry Swenson Builder, Owner/Developer). CEQA: Negative Declaration.
PDC 00-09-086 - District 3
Documents Filed: None.
Discussion/Action: This item was continued to December 18, 2001.
11.11 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwesterly corner of Capitol Expressway and Monterey Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow construction of a 92,600 square-foot self storage facility and a 7,000 square-foot tire sales and installation facility at an existing flea market and movie theatre on 32.9 acres. (Sywest Development, Owner/Developer). CEQA: Negative Declaration.
PDC 01-05-058 - District 7
Documents Filed: None.
Discussion/Action: This item was continued to December 18, 2001.<