MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA                                                  TUESDAY, DECEMBER 11, 2001

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, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members:        None.

Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:30 a.m. in Room 600 to (A) confer with Legal Counsel pertaining to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of City of San José v. Kudsi; and City of San José v. Maestri, (B) to confer with Legal Counsel regarding anticipated litigation (1) involving two matters where there is significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code and (2) involving a matter in the initiation of litigation pursuant to sub section (c) of Section 54956.9 of the Government Code.

By unanimous consent, Council reconvened from Closed Session, recessed at 11:00 a.m., and reconvened at 1:30 p.m. in Council Chambers, City Hall.

Present: Council Members:       Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members:        None.

INVOCATION (MAYOR)

Imam Tahir 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 Item 1.3 deferred to December 18, 2001 and Item 2.13 corrected to read “Deferred to December 18, 2001”. Vote: 11-0-0-0.

CEREMONIAL ITEMS

1.1       Presentation of a commendation to Chairman Rick Sanchez and the Board of Directors of the San José Sports Hall of Fame for their efforts in hosting this year’s Hall of Fame Induction Dinner on November 7, 2001, and recognition to Rick Sanchez for his leadership during his four years of service as Chairman. (LeZotte)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the podium was Council Member LeZotte to present the commendation to Chairman Rick Sanchez, Board of Directors of the San Jose Sports Hall of Fame naming Bert Bonanno, Debra Cauble, Adrian Cibilich, Greaghe Gordon, Carolyn Lewis, Amy Love, Chris Morrisey, Dean Munro, Ray Purpur, Mark Purdy, Nino Repetti, Rick Sanchez, Frank Alaton, David Szafranski and Tom Zipse, representing San Jose Magazine Gilbert Sangari, KNTV representatives Janice Edwards and Roger Mathai. The Special Olympics was chosen to receive proceeds of the Hall of Fame Induction Dinner and Rick Sanchez presented Regional Vice President, Aubrey Merriman with a check for $12,250.

1.2       Presentation of a commendation to Fire Engineer Charles Carter who, after the terrible events at the World Trade Center in New York, used his own money and personal time off to assist in the rescue efforts at Ground Zero. (LeZotte)

Joining Mayor Gonzales at the podium was Council Member LeZotte to present the commendation to Fire Engineer Charles Carter for his compassion and selfless efforts at two Fire Stations in New York after the September 11, 2001 tragedy.

1.3       Presentation of a commendation to Lillian Silberstein for her years of service to the community. (Mayor)

Documents Filed: None.

Discussion/Action: This Item was deferred to December 18, 2001.

1.4       Presentation of a commendation to the City of San José for improving its classification from a Class 8 to a Class 7 in the National Flood Insurance Program’s Community Rating System, resulting in a citywide savings of over $634,000 because of reduced flood insurance premiums. (Public Works)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the podium was Michael Shore of FEMA to present to Mayor Gonzales, City Manager Del Borgsdorf, and the City of San Jose a commendation for improvements in the National Flood Insurance Program’s Community Rating.

Joined by the City Council, Mayor Gonzales welcomed back Council Member Dando from her medical leave. Council Member Dando thanked the Mayor and reflected on keeping as a priority family, friends and faith close and expressed appreciation for the letters, good wishes and prayers from her “extended family” here at the City and for the impact it made on her and her family. Council Member Dando will return to a full schedule after the first of the year.

CONSENT CALENDAR

Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 11-0-0-0.

2.1       Approval of City Council Minutes for:

(a)        Regular meeting of June 19, 2001

Documents Filed: Minutes of the adjourned regular session of June 19, 2001.

Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.

(b)        Joint Council/Redevelopment Agency Board meeting of June 19, 2001

Documents Filed: Minutes of the Joint Council/Redevelopment Agency Board session of June 19, 2001.

Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.

(c)        Joint Financing Authority/ Redevelopment Agency Board meeting of June 19, 2001.

Documents Filed: Minutes of the Joint Financing Authority/Redevelopment Agency Board session of June 19, 2001.

Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.

2.3       Approval of a second amendment to the legal services agreement with Shaw Pittman to increase the total compensation allowed by $6,000, for a total not to exceed $206,000, to allow payment for additional services during the 2000-2001 term of the agreement. (City Attorney’s Office)

Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated November 28, 2001 recommending Council approve a Second Amendment to the Legal Services Agreement.

Discussion/Action: Council approved second amendment to said agreement with Shaw Pittman. Vote: 11-0-0-0.

2.4       Adoption of appropriation ordinance and funding sources resolution amendments increasing the Library Department’s grants appropriation by $10,000. (City Manager’s Office)

Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated November 19, 2001, recommending Council adopt said ordinance and funding sources resolution amendments.

Discussion/Action: Ordinance No. 26534, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26415 to Appropriate Moneys in the General Fund in the Amount of $10,000 for Library Grants; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70745, entitled: “A Resolution of the Council of the City of San Jose Amending Resolution No. 70438 Setting Forth the Estimated Sources of the Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, were adopted. Vote: 11-0-0-0.

2.5       Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #15, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents Filed: Memorandum from Director of General Services Department, Jose Obregon, dated November 19, 2001, recommending Council approve award of said purchase orders.

Discussion/Action: The Council approved award of purchase orders and execution of said document. Vote: 11-0-0-0.

2.6       Adoption of a resolution authorizing the Director of General Services to execute a five year concession agreement with Pepsi Bottling Group to provide fountain and vending products, equipment, and marketing opportunities for Happy Hollow Park and Zoo. (General Services)

Documents Filed: Memorandum from Director of General Services Department, Jose Obregon, dated November 19, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70746, entitled: “A Resolution of the Council of the City of San Jose Authorizing the Director of General Services to Execute a Five-Year Concession Agreement with Pepsi Bottling Group for Happy Hollow Park and Zoo”, was adopted. Vote: 11-0-0-0.

2.7 (a)  Approval of an option to purchase four additional trailer mounted traffic message boards for the Norman Y. Mineta San José International Airport from Signalisation Ver-Mac, Inc. for the same bid price of $18,000 per unit, for a total cost of $77,760 including tax and delivery.

(b)  Authorization for the Director of General Services to execute a purchase order for the:

(1)        Immediate purchase of four additional units.

(2)        Subsequent purchase of the additional units at the same bid price without further Council action other than the appropriation of necessary funds.

(General Services)

Documents Filed: Memorandum from Director of General Services Department, Jose Obregon, dated November 29, 2001, recommending Council approve said purchase order.

Discussion/Action: Council approved said purchase order. Vote: 11-0-0-0.

Items 2.8 and 2.9 were heard together.

2.8       Adoption of a resolution:

(a)        Approving an amendment of the Affordability Restrictions for the Almaden Apartments located at 150, 162, 164, 714, and 722 Duane Street, reducing the number of affordable units by one.

(b)        Approving the transfer of one affordable unit from Almaden Apartments to a 14-unit, InnVision-sponsored project located at 96 South Tenth Street.

Council District 3. SNI:  Washington. (Housing)

Documents Filed: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated October 24, 2001, recommending Council adopt said resolution

Discussion/Action: Resolution No. 70747, entitled: “A Resolution of the Council of the City of San Jose (I) Approving an Amendment of the Affordability Restrictions for the Almaden Apartments Located at 150, 162, 164, 714 and 722 Duane Street, Reducing the Number of Affordable Units by one and (II) Approving the Transfer of One Affordable Unit from Almaden Apartments to a 14-Unit Innvision-sponsored Project Located at 96 South Tenth Street”, was adopted. Vote: 11-0-0-0.

2.9       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 13^th. (Housing)

(Deferred from 11/13/01 – Item 2.5)

Documents Filed: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated October 24, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70748, entitled: “A Resolution of the Council of the City of San Jose (I) Approving the Rescission of 30-Year Affordability Restrictions Existing on Two 4-Plexes (Eight Units Total) Located at 1361 and 1440 Dubert Lane; (II) Authorizing the Transfer of Affordability Restrictions to be Recorded on a 14-Unit Property Located at 96 South Tenth Street and (III) Authorizing the Acting Director of Housing to Execute any Required Documents” was adopted. Vote: 11-0-0-0.

2.10     (a)        Acceptance of the report, which is a synopsis of the status report presented at the October 10, 2001 Finance and Infrastructure Committee meeting and reported out at the October 23, 2001 City Council meeting.

(b)        Adoption of the following appropriation ordinance amendments in the General Fund to:

(1)        Establish an appropriation for the e-Government Applications Project in the amount of $97,000.

(2)        Decrease the e-Government Applications Earmarked Reserve by the amount of $97,000.

(c)        Adoption of a resolution authorizing the City Manager to execute a first amendment to the agreement with Maximus, Inc. for consulting services on e-Government, extending the term of the agreement from November 2, 2001 to January 31, 2002, at an additional cost of $97,000, for a total cost of $195,100.

(Information Technology)

[Finance and Infrastructure Committee referral 10/10/01 – Item 3.3(c)]

Documents Filed: Memorandum from Chief Information Officer, Information Technology Department, Wandzia Grycz and Budget Director, Larry D. Lisenbee, dated November 11, 2001, recommending Council accept said report and adopt said resolutions.

Discussion/Action: Ordinance No. 26535 and Resolution No. 70749, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Execute an Amendment to the Agreement with Maximus, Inc. for Consulting Services on E-Government” was adopted. Vote: 11-0-0-0.

2.11     Adoption of a resolution indicating the City’s interest in the acquisition of the surplus Berryessa Union School District property located on the easterly side of Flickinger Avenue, opposite Marcross and Doxey Drives (APN 245-18-003) and amending Table I of the City’s School Site Reuse Plan to reflect this interest. 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 19, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70750, entitled: “A Resolution of the Council of the City of San Jose Declaring an Interest in Acquisition of the Berryessa Union School District’s Surplus Property Located on the Easterly Side of Flickinger Avenue Opposite Marcross and Doxey Drives and Directing the Administration to Update Table I of the City’s School Site Reuse Plan to Reflect This Interest”, was adopted. Vote: 11-0-0-0.

2.12     Approval of an agreement with George P. Thotus and Ellen M. Thotus, trustees of the Thotus Living Trust dated November 12, 1986, for the purchase of a parcel of land and a right of entry relating to property on the south side of Hillsdale Avenue, between Narvaez Avenue and Canoas Creek, in the amount of $12,800. CEQA:  Exempt. Council District 7. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 19, 2001, recommending council approve said agreement.

Discussion/Action: The agreement with George P. Thotus and Ellen M. Thotus, trustees of the Thotus Living Trust was approved and its execution authorized. Vote: 11-0-0-0.

2.13     Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor)

(Deferred from 10/30/01 – Item 2.11 et al., and 12/4/01 – Item 2.4)

Documents Filed: None.

Discussion/Action: This item deferred to December 18, 2001.

2.14     (a)        Report on bids for the Norman Y. Mineta 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)

(Deferred from 12/4/01 – Item 2.7)

Documents Filed: (1) Supplemental Memorandum from Director of General Services Department, Jose Obregon, dated December 10, 2001, stating reason for supplemental memorandum. (2) Memorandum from Director of General Services Department, Jose Obregon, dated November 14, 2001, recommending Council accept the report on bids and award said contract to Ackerman & Sons Company and authorize the Director of General Services to exercise the option to renew said contract.

Discussion/Action: The report on bids was accepted, and award of contract to Ackerman and Sons Company, the low cost vendor, was approved and execution of the contract authorized. Vote: 11-0-0-0.

2.15     Approval of an ordinance adding a Supplemental Retirees’ Benefit Reserve Program to the Police and Fire Department Retirement Plan.

(Retirement Services)

(Rules Committee referral 12/5/01)

Documents Filed: Memorandum from Director of Retirement Services, Edward Overton, dated December 4, 2001, recommending Council approve said Ordinance.

Discussion/Action: Ordinance No. 26536 entitled: “An Ordinance of the City of San Jose Amending Chapter 3.36 of Title 3 of the San Jose Municipal Code by Adding Section 3.36.580 to Establish a Supplemental Retiree Benefit Reserve in the Police and Fire Department Retirement Plan”, was passed for publication. Vote: 11-0-0-0.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2       Report of the Rules Committee – November 28, 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 11, 2001 Draft Agenda

The Committee approved the December 11, 2001 City Council Agenda with three additions.

(2)        Add New Items to December 4, 2001 Amended Agenda

The Committee recommended eight additions to the December 4, 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. Attachment: Memorandum from Assistant to the City Manager, Deanna Santana, dated November 20, 2001, recommending approval of the City Council Meeting Schedule for the period January through August 6, 2002.

(d)        Approve City Council Meeting Schedule, January –August 6, 2002

The Committee recommended approval of the City Council Meeting Scheduled for the period January-August 6, 2002.

(e)        The Public Record

The Committee noted and filed the Public Record for the period October 24 – November 20, 2001.

(f)        Boards, Commissions and Committees. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated November 21, 2001, listing the items transmitted to the Administration and (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated November 9, 2001, recommending Rules Committee consider and recommend an applicant for one business community representative on the Airport Curfew Monitoring Committee.

(1)        Airport Curfew Monitoring Committee

The Committee directed the City Clerk to readvertise the vacant position on the Airport Curfew Monitoring Committee.

(2)        Recommendation of policy relating to designating speaking times at City Council meetings for representatives of City Boards and Commissions. Attachment: Memorandum from City Attorney, J. Richard Doyle dated November 26, 2001, stating Rules Committee recommend that a formal policy be adopted by the City Council which would allow designated representatives of City Boards or Commissions to address the City Council on a designated item on the City Council Agenda for a time period of more than two minutes.

The Committee recommended a formal policy be adopted which would allow designated representatives of City Boards or Commissions to address the City Council on a designated item on the City Council agenda for more than two minutes time.

(g)       Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee

There were none.

(h)        Administrative Reviews and Approval

(1)        Appoint Alternate Voting Delegate for National League of Cities Annual Business Meeting.

This item was heard by Council on December 4, 2001.

(i)         Oral communications

                        None were presented.

(j)        Adjournment

                        The meeting was adjourned at 2:10 p.m.

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, The Rules Committee Report and actions of November 28, 2001 were accepted. Vote: 11-0-0-0.

3.3       Report of the Finance and Infrastructure Committee – November 28, 2001

Documents Filed: Finance and Infrastructure Committee report of November 28, 2001.

(a)        Monthly Financial Statement for October

(b)        Capital Cost Report for October

(c)        Cash Flow Projection

            Redevelopment Agency items reported out at Redevelopment Agency meeting.

(d)        Oral petitions

None.

(e)        Adjournment

The Committee was adjourned at 4:00 P.M.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Finance and Infrastructure Committee Report and Actions of November 28, 2001 were accepted. Vote: 11-0-0-0.

STRATEGIC SUPPORT SERVICES

3.4       (a)        Report on bids and award the purchase of five replacement full-size SUV command center type vehicles to the low bidder, Wondries Chevrolet, for a total cost of $410,131.60 including tax and delivery.

(b)        Authorization for the Director of General Services to execute the purchase order for the:

(1)        Immediate purchase of five units; and

(2)        Subsequent purchase of additional units at the same bid price without further Council action other than the appropriation of necessary funds.

(General Services)

Documents Filed: Memorandum from Director of General Services Department, Jose Obregon, dated November 19, 2001, recommending Council accept the report on bids and award said contract to low bidder, Wondries Chevrolet (Alhambra).

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, Council approved the report on bids and award of said contract to the low bidder, Wondries Chevrolet for a total of $410,131.60. Vote: 11-0-0-0.

3.5       Discussion and action by the Council (per Charter Section 411.1) to adopt statements of policy and questions for prospective appointees of directors for departments of Planning, Building, and Code Enforcement, Public Works, and Housing. (Reed)

(Rules Committee referral 12/5/01)

Documents Filed: (1) Memorandum from Council Member Reed, dated December 6, 2001, recommending Adoption of Statements of Policy and Questions for Prospective Department Heads. (2) Memorandum from City Manager, Del D. Borgsdorf dated December 6, 2001, recommending Adoption of Statements of Policy and Questions for Prospective Department heads.

Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Chavez and unanimously carried, Council action was approved the with the following additions of questions in Council Member Reed’s memorandum dated December 6, 2001: (1) Amend the Statement of Policy for the Housing Department by adding: (a) The Department provides timely, efficient and informative service to its customers in support of the policy direction set through the General Plan and other relevant regulation and Council policies and actions. (2) Add the following to the Manager’s recommendation for questions to be asked of each prospective appointee for director of the departments of Planning, Building and Code Enforcement, Public Works and Housing: (a) If an applicant is trying to build something that the city wants in a location that the city wants it, how would you ensure that the department helps them do so in a timely manner? (b) Who do you see as the departments’ customers? (c) What standards would you like to have in place to measure performance of the department in providing timely, efficient and informative service to its customers? Upon motion by Council Member Reed, seconded by Council Member Chavez and unanimously carried, the Statements of Policy, and City Council Questions was approved in compliance with City Charter Section 411.1. Vote: 11-0-0-0.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2       Adoption of the following tobacco control policies for programs funded by the Healthy Neighborhoods Venture Fund (HNVF):

(a)        Comprehensive Smoke-free Environment Policy requiring HNVF funded programs to prohibit the use of tobacco products at any time in agency vehicles, buildings, and property,

(b)        Disclosure of Tobacco Company Contributions Policy precluding the award of HNVF funds to applicants who receive or solicit funds, goods, or services from tobacco companies but not to applicants who receive or solicit funds, goods, or services from subsidiaries of tobacco companies;

(c)        Fund Acknowledgement Policy requiring HNVF funded programs to acknowledge the receipt of funds from the City of San José HNVF Program and allowing programs that receive contributions from subsidiaries of tobacco companies to acknowledge receipt of funds from only the subsidiary, and not the parent company, in printed and other materials; and,

(d)        Divestment from Tobacco Policy requiring HNVF funded programs to divest any stock or funds in companies that derive more than 15 percent of their revenues from tobacco companies and their subsidiaries.

(Parks, Recreation and Neighborhood Services)

Documents Filed: None.

Discussion/Action: This Item deferred to January 15, 2002.

Council Member LeZotte left Chambers at this time.

RECREATION & CULTURAL SERVICES

5.2       Report on bids and award of contract for the Evergreen Park and Fernish Park Play Area Renovation Projects to the low bidder, Robert A. Bothman, Inc., in the amount of $620,177, and approval of a contingency in the amount of $63,000. CEQA:  Exempt. Council District 8. (Public Works)

Documents Filed: (1). Supplemental memorandum from Acting Director of Public Works Rajeev Batra, dated December 6, 2001, stating reason for supplemental memorandum and recommending Council accept the report on bids and award said contract to low bidder, Robert A. Bothman, Inc., in the amount of $620,177, and approval of a contingency in the amount of $63,000. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated November 19, 2001, recommending Council accept the report on bids and award said contract to low bidder and approval of a ten percent contingency

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr, seconded by Council Member Chavez and unanimously carried, Council accepted the report on bids and award of said contract to the low bidder, Robert A. Bothman, Inc. in the amount of $620,177 and approved the contingency amount of $63,000. Vote: 10-0-1-0. Absent: LeZotte.

Council Member LeZotte returned to Chambers at this time.

TRANSPORTATION SERVICES

6.1       Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement for consultant services with Kimley-Horn and Associates and the City of San José, as the lead agency, for the implementation of the Proactive Signal Re-Timing Project in six different jurisdictions, for an amount not to exceed $500,000. CEQA:  Exempt. (Transportation)

Documents Filed: Memorandum from Wayne Tanda, Director of Transportation, dated November 19, 2001, recommending Council adopt said resolution.

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Chavez and unanimously carried, Resolution No. 70751 entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute an agreement with Kimley-Horn and Associates for Consultant Services to Implement the Proactive Signal Re-Timing Project in an Amount not to Exceed $500,000” was adopted. Vote: 11-0-0-0.

ENVIRONMENTAL & UTILITY SERVICES

7.1       Adoption of a resolution authorizing the City Manager to execute Reuse and Recycling Agreements with the following non-profit organizations for the period from the execution of the agreement to June 30, 2002, in an amount not to exceed $685,000:

(a)        Goodwill Industries of Santa Clara County, in an amount not to exceed $435,000.

(b)        The Salvation Army, in an amount not to exceed $220,000.

(c)        St. Vincent de Paul Society, in an amount not to exceed $30,000.

(Environmental Services)

Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 19, 2001, recommending Council adopt said resolution.

Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member LeZotte and unanimously carried, Resolution No. 70752, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Execute Reuse and Recycling Agreements with Goodwill Industries of Santa Clara County, the Salvation Army, and St. Vincent De Paul Society in a Total Amount of $685,000”, was adopted. Vote: 11-0-0-0.

JOINT COUNCIL/REDEVELOPMENT AGENCY

THE REDEVELOPMENT AGENCY BOARD CONVENED AT 2:30 P.M. TO CONSIDER ITEM 10.1 IN A JOINT SESSION

10.1     (a)        Public Hearing and adoption of a resolution by the City Council to permanently close the northerly 150 linear feet of Sherman Street; and,

(b)        Adoption of a resolution by the Agency Board awarding a construction contract to HRB, Inc., the low bidder, in the amount of $462,992, for the construction of the Brenda Lopez Memorial Park and establishing a construction contingency in the amount of $46,299, for a total funding authorization of $509,291.

CEQA: Resolution No. 65459. Council District 3. SNI: Washington.

(Redevelopment Agency)

Documents Filed: Memorandum from City Manager, Del D. Borgsdorf and Executive Director, Redevelopment Agency, Susan F. Shick, dated November 20, 2001, recommending Council adopt said resolution and recommending Council accept the report on bids and contingency amount and award said contract to HRB, Inc., the low bidder.

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Chavez, and unanimously carried, Resolution No. 70753, entitled: “Resolution of the Council of the City of San Jose Approving the Permanent Closure of the Northerly 150 Linear Feet of Sherman Street”, was adopted; and the Redevelopment Agency Board Resolution were adopted. Vote: 11-0-0-0.

THE REDEVELOPMENT AGENCY BOARD MEETING WAS ADJOURNED AT 2:31 P.M.

Notice of City Engineer’s Pending Decision on Final Maps

In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:

OPEN FORUM

Pete Campbell spoke about the Airport Commission meeting regarding naming of the Norman Y. Mineta San Jose International Airport.

ADJOURNMENT

The Council of the City of San Jose adjourned at 2:35 p.m. in memory of Lucas Michael Freitas, the one-month old son of Harry and Angela Freitas; Harry has been with the City for 11 years and currently works in the Department of Transportation.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK