The Council of the City of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales
Absent: Council Members Campos, Shirakawa Jr. (both excused)
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 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 the following cases: In Re Keith Ison; and City of San José v. Federal Aviation Administration (FAA); (B) confer with Legal Counsel regarding anticipated litigation involving two matters where there is significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code; (C) confer with real property designated representatives (1) Richard Doyle for the City of San José and Marilyn Cleveland for the San José Unified School District, pursuant to Government Code Section 54956.8, to negotiate the lease price, purchase price, and/or price for use agreement of all or part of the 35-acre parcel in South Almaden Valley Urban Reserve (off McKean Road), and (2) Darrell Dearborn for the City of San José and Cornish & Carey for direction concerning the purchase price and terms of payment for the property located at 2121 North First Street, San José, California; (D) to consult with San José Police Department, Police Chief, regarding the threat to public services or facilities; and (E) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Alex Gurza, and the Police Officers Association and the International Association of Firefighters Employee Organizations.
By unanimous consent, Council reconvened from Closed Session and 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. (entered Chambers at 2:15 p.m.), Williams, Yeager; Gonzales
Absent: Council Members None.
The Reverend Dick Roe, Executive Director of the Santa Clara County Council of Churches, delivered the invocation from several religious traditions and expressions, including a poem written by Author Howard Thurman.
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Council Member Cortese, seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved with one addition: Item 1.1 deferred to January 15, 2002. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
City Manager, Del D. Borgsdorf introduced Mark R. Linder, newly appointed Assistant City Manager, who was selected from an extensive nationwide competitive process. The Mayor and the City Council joined City Manager Borgsdorf in congratulating Mark Linder on the appointment and in thanking him for the exemplary performance as Director of the Department of Parks, Recreation and Neighborhood Services.
1.1 Presentation of a commendation to Lillian Silberstein for her years of service to the community. (Mayor)
(Deferred from 12/11/01 – Item 1.3)
Documents Filed: None.
Discussion/Action: This item was deferred to January 15, 2002.
Upon motion by Council Member Williams, seconded by Council Member Reed and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.2 (a) Final adoption of Ordinance No. 26527 – Prezones certain real property situated at the east side of Ruby Avenue, 50 feet northerly of Murrillo Avenue, from County to A(PD) Planned Development Zoning District, to allow a 22,570 square foot church on 2.5 gross acres. PDC 00-04-024
Documents Filed: Proof of publication of the title of Ordinance No. 26527 executed on
December 11, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26527 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(b) Final
adoption of Ordinance No. 26528 – Rezones certain real property situated at the
southeastern corner of South Bascom Avenue and Moorpark Avenue. PDC 01-03-043
Documents
Filed: Proof of publication of the title of Ordinance
No. 26528 executed on December 11, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26528 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(c) Final adoption of Ordinance No. 26529 – Rezones certain real property situated at the east side of Coastland Avenue, approximately 80 feet south of Lincoln Court and Ardis Drive. PDC 00-12-127
Documents Filed: Proof of publication of the title of Ordinance No. 26529 executed on December 11, 2001. submitted by the City Clerk.
Discussion/Action: Ordinance No. 26529 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(d) Final adoption of Ordinance No. 26530 – Rezones certain real property situated at the southeast corner of Yerba Buena Road and Dove Hill Road to A(PD) Planned Development. PDC 99-04-028
Documents
Filed: Proof of
publication of the title of Ordinance No. 26530 executed on December 11, 2001,
submitted by the City Clerk.
Discussion/Action: Ordinance No. 26530 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(e) Final adoption of Ordinance No. 26531 – Rezones certain real property situated at the southerly terminus of Hampton Falls Place, approximately 650 feet southerly of Branham Lane. PDC 00-12-125
Documents Filed: Proof
of publication of the title of Ordinance No. 26531 executed on December 11,
2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26531 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(f) Final adoption of Ordinance No. 26532 – Rezones certain real property situated at the west side of North Bascom Avenue, approximately 130 feet southerly of Forest Avenue. PDC 01-02-020
Documents Filed: Proof of publication of the title of Ordinance No. 26532 executed on
December 11, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26532 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(g) Final adoption of Ordinance No. 26533 – Rezones certain real property situated at the northeast corner of West Taylor and Elm Streets. PDC 01-02-029
Documents Filed: Proof of publication of the title of Ordinance No. 26533 executed on December 11, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26533 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(h) Final adoption of Ordinance No. 26536 –
Amends Chapter 3.36 of Title 3 of the San José Municipal Code by adding a
Section 3.36.580 to establish a Supplemental Retiree Benefit Reserve in the
Police and Fire Department Retirement Plan.
Documents
Filed: Proof of publication of the title of Ordinance
No. 26536 executed on December 14, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26536 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.3 Adoption of a resolution determining that public use and necessity require the acquisition of certain property owned by Hilltop Manor, Inc., located at 790 Ironwood Drive, and directing the filing of eminent domain action. CEQA: ND. Council District 6. (Public Works)
(Deferred from 11/27/01 – Item 2.7)
Documents Filed: (1) Supplemental memorandum from Acting Director of Public Works Rajeev Batra, dated December 18, 2001, noting the reason for the supplemental memorandum and recommending Council drop Item 2.3 from the December 18, 2001 Council Agenda until further notification. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated November 5, 2001, recommending Council adopt said resolution. (3) Correspondence from Attorney Daniel C. Minutillo, dated November 14, 2001 and November 20, 2001, responding to the City’s intent to condemn real property, and Hilltop’s intention to appear and be heard on the subject before the City Council.
Discussion/Action: This item was dropped from the agenda.
2.4 Adoption of resolutions authorizing the City Manager to negotiate and execute:
(a) A first amendment to the Commercial Cargo
Operating Agreement with BAX Global, Inc., to extend the term of the agreement
through February 28, 2007, and change the airline name to Air Transport
International, L.L.C., with estimated annual revenue to the City of $170,00.
(b) A second amendment to the lease agreement with BAX Global, Inc., for office and asphalt ramp space at 1311 Airport Boulevard, to extend the term of the lease through February 28, 2007, and change the tenant name to Air Transport International, L.L.C., with annual rental revenue to the City in the amount of $3,892.44.
CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 27, 2001, recommending Council approve the first amendments to said lease agreements.
Discussion/Action: Resolution No. 70756, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a First Amendment to the Commercial Air Cargo Operating Agreement and License with BAX Global, Inc., to Extend the Term Through February 28, 2007 and to Change the Airline Name to Air Transport International, L.L.C.”; and Resolution No. 70757, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a First Amendment to the Lease Agreement with BAX Global, Inc. to Extend the Term through February 28, 2007 and to Change the Tenant Name to Air Transport International, L.L.C.”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.5 Approval of an eighth amendment to the Federal Inspection Services Facility Lease Agreement with Williams Scotsman, to extend the lease term from February 1, 2002 through July 31, 2002, at a total annual cost not to exceed $82,740, and authorizing the City Manager to exercise the right to hold over on a month-to-month basis with no increase in rent or change in terms, at the sole discretion of the City. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 26, 2001, recommending Council approve the eighth amendment to said lease agreement, and authorizes the City Manager to exercise the right to hold over on a month-to-month basis.
Discussion/Action: The eighth amendment to the Federal Inspection Services Facility Lease Agreement with Williams Scotsman was approved and the right to hold over on a month-to-month basis with no increase in rent or change in terms, at the sole discretion of the City, authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute a fourth amendment to the agreement with Anderson Brule Architects, Inc., for consultant services related to Phase 5 of the Acoustical Treatment Program, increasing compensation by $125,170, from $4,193,921 to $4,319,091, and extending the term of the agreement from December 31, 2001 to June 30, 2002. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 26, 2001, recommending Council approve the fourth amendment to said consultant services agreement.
Discussion/Action: Resolution No. 70758, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Fourth Amendment to the Agreement with Anderson Brule Architects, Inc., for Consultant Services Related to Phase 5 of the Acoustical Treatment Program”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.7 Adoption of a resolution authorizing the City Attorney to execute a second amendment to the agreement for legal services with Sonnenschein Nath & Rosenthal, to increase the amount of total compensation to a total amount not to exceed $200,000. (City Attorney's Office)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated December 6, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70759, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Execute an Amendment to the Legal Services Agreement with Sonnenschein Nath & Rosenthal to Increase the Amount of Total Compensation to a Total Amount Not to Exceed $200,000”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.8 Adoption of a resolution authorizing the City Attorney to negotiate and execute an amendment to the agreement for legal services with Robinson & Wood, Inc., to modify the scope of services and to extend the term of the agreement through December 31, 2002, at no additional cost to the City. (City Attorney's Office)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated December 6, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70760, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute an Amendment to the Legal Services Agreement with Robinson & Wood, Inc., to Modify the Scope of Services and to Extend the Term through December 31, 2002 at No Additional Cost to City”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.9 Approval of distribution of Compaq Center at San José naming rights community fund and associated appropriation ordinance and funding sources amendments in the General Fund. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated November 20, 2001, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Ordinance No. 26537, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the General Fund in the Amount of $105,000 for the Arena Community Fund; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70761, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, were adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.10 Adoption of amendments to the annual appropriation ordinance in the General Fund for expenses related to enhancing security in City Facilities.
(City Manager’s Office)
Documents Filed: Memorandum from Deputy City Manager Terry E. Roberts, and Budget Director Larry D. Lisenbee, dated December 3, 2001, recommending Council adopt amendments to the 2000-2001 annual appropriation ordinance in the General Fund.
Discussion/Action: Ordinance No. 26538, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the General Fund in the Amount of $150,000, for Security Measures at City Hall; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.11 Adoption of an urgency ordinance extending the terms of the current Cable Television Franchise originally granted to Gill Industries, Inc., from December 31, 2001 to June 30, 2002. (City Manager's Office)
Documents Filed: Memorandum from Public Outreach Manager, Tom Manheim, dated December 18, 2001, recommending Council approve said ordinance.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26539, entitled: “An Urgency Ordinance of the City of San José Approving a Further Extension of the Terms of Ordinance No. 22128, Granting a Nonexclusive Cable Television Franchise to Gill Industries, Inc., DBA Gillcable, from December 31, 2001 to June 30, 2002”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.12 Approval of an agreement for Torch Relay Services and a Designated Marks and Copyrights License Agreement related to the proposed Olympic Torch Relay through San José on January 18, 2002, and the related Host Community Celebration, each agreement with the Salt Lake Organizing Committee. (Conventions, Arts and Entertainment)
Documents Filed: Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 26, 2001, recommending Council adopt a resolution authorizing the City Manager to negotiate and execute said agreements related to the proposed celebration.
Discussion/Action: The agreements with the Salt Lake Organizing Committee were approved and their execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.13 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with artist Donna Billick to fabricate and install a work of art for the Alviso Branch Library and Community Center, in an amount not to exceed $30,600. CEQA: Exempt. Council District 4. (Conventions, Arts and Entertainment)
Documents Filed: Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 26, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70762, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Donna Billick for a Work of Art for the Alviso Branch Library and Community Center in an Amount Not to Exceed $30,600”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.14 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement between the City of San José, property owners of Paseo Villa Condominiums, and artist Ned Smyth to fabricate and install a work of art for the Paseo Villas Condominiums, in an amount not to exceed $177,600. CEQA: Exempt. Council District 3. (Conventions, Arts and Entertainment)
Documents Filed: Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 26, 2001, recommending Council adopt said resolution.
Discussion/Action: Council Member Chavez urged Staff to explore opportunities to link developers of large projects with artists for the purpose of incorporating public artwork into the architecture. Resolution No. 70763, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Edward L. Smyth, Inc., (A.K.A. Ned Smyth) for a Work of Art for the Paseo Villas Condominiums in an Amount Not to Exceed $177,600”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.15 Approval of the Arts Commission recommendations to amend certain policies, requirements, and guidelines of the Arts Venture Grants Initiative.
(Conventions, Arts and Entertainment)
Documents Filed: Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 19, 2001, recommending Council approve the Arts Commission recommendations.
Discussion/Action: The Arts Commission recommendations to amend certain policies, requirements and guidelines of the Arts Venture Grants Initiative were approved with Staff directed to create opportunities for linkages between large public art projects and historical architecture. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.16 Adoption of:
(a) An urgency ordinance amending Chapter 3.48 of the San José Municipal Code, the City of San José Deferred Compensation Plan, to implement changes enacted by the Economic Growth Tax Relief and Reconciliation Act.
(b) An urgency ordinance amending Chapter 3.50 of the San José Municipal Code, to implement changes enacted by the Economic Growth Tax Relief and Reconciliation Act.
(Deferred Compensation Advisory Committee)
Documents Filed: Memorandum from Deferred Compensation Advisory Committee Secretary Karen Thompson, dated November 20, 2001, recommending Council adopt said urgency ordinances.
Discussion/Action: Ordinance No. 26540, entitled: “An Urgency Ordinance of the City of San José Amending Chapter 3.48 of Title 3 of the San José Municipal Code to Implement Changes to the City of San José Deferred Compensation Plan That are Either Required or Permitted Under the Economic Growth and Tax Relief Reconciliation Act of 2001, and Setting Forth a Statement of the Facts Constituting Such Urgency”; and Ordinance No. 26541, entitled: “An Ordinance of the City of San José Amending Chapter 3.50 of Title 3 of the San José Municipal Code to Implement Changes to the City of San José Deferred Compensation Plan that are Either Required or Permitted Under the Economic Growth and Tax Relief Reconciliation Act of 2001, and Setting Forth a Statement of the Facts Constituting Such Urgency”, were adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.17 Approval of the second amendment to the professional services agreement with H.T. Harvey and Associates for Salt Marsh Conversion Assessment, extending the term for one year, amending the scope of services to include vegetative mapping services for Year 2002, and increasing compensation by $79,500, from $375,000 to a total amount not to exceed $454,500. CEQA: Exempt. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 26, 2001, recommending Council approve the second amendment to said agreement. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated December 13, 2001, recommending approval of said amendment.
Discussion/Action: The second amendment to the professional services agreement with H.T. Harvey and Associates was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.18 Approval to issue a Request For Proposal for an integrated service solution for Recycle Plus billing, customer service, and performance monitoring.
(Environmental Services/Information Technology/Finance)
Documents Filed: Director of Environmental Services Carl W. Mosher, Chief Information Officer Wandzia Grycz, and Director of Finance Scott P. Johnson, dated December 5, 2001, outlining the next steps in obtaining a replacement billing system, which will integrate with customer service and performance monitoring, and recommending Council approve staff recommendation for the Recycle Plus billing RFP.
Discussion/Action: William J. Garbett spoke against the proposed action. Ross Signorino commented on the RFP process. Council Member Chavez asked Staff to employ the Competition Policy criteria to the RFP as it progresses through the process. The issuance of the Request for Proposal was approved with direction to Staff to apply City Competition Policy criteria to the Request For Proposal (RFP) for integrated service solution for Recycle Plus billing. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.19 Approval of the third amendment to the agreement with PHM Diagnostics, Inc. for workers' compensation diagnostic testing services in order to extend the term for an additional 6 months until June 30, 2002, at an additional cost not to exceed $115,000, for a total cost not to exceed $580,000. (Finance)
Documents Filed: Memorandum from Director of Finance, Scott P. Johnson, dated November 21, 2001, recommending Council adopt a resolution authorizing the execution of an amendment to an agreement with PHM Diagnostics, Inc.
Discussion/Action: The third amendment to the agreement with PHM Diagnostics, Inc., was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.20 Approval of the second amendment to the agreement with Diversified HealthCare Services to provide workers' compensation medical bill review services and administer the preferred provider organization medical network in order to extend the term for an additional 6 months until June 30, 2002, at an additional cost not to exceed $250,000, for a total cost not to exceed $1,050,000. (Finance)
Documents Filed: Memorandum from Director of Finance, Scott P. Johnson, dated December 5, 2001, recommending Council adopt a resolution authorizing the execution of an amendment to an agreement with Diversified HealthCare Services.
Discussion/Action: The second amendment to the agreement with Diversified HealthCare Services was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.21 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #16, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Director of
General Services, José Obregon, dated November 26, 2001, recommending Council approve said open purchase orders list, and
authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 16 for Fiscal Year 2001-2002 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.22 (a) Approval of the third amendment to the agreement with Intergraph Corporation for the IDTS Project to:
(1) Increase the compensation by $25,000 for additional consulting and training services; and
(2) Extend the term of the agreement from December 30, 2001 to December 31, 2002.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute agreement(s) with Intergraph Corporation and/or IDTS subcontractors for Maintenance and Support of the IDTS in an amount not to exceed $375,000.
(City Manager’s Office)
Documents Filed: Memorandum from City Manager, Del D. Borgsdorf, datedDecember 7, 2001, recommending Council approve the third amendment to said agreement and adopts said resolution.
Discussion/Action: The third amendment to the agreement with Intergraph Corporation was approved and execution of the amendment authorized; and Resolution No. 70764, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Agreements with Intergraph Corporation and/or Intergraph Corporation Subcontractors for the Integrated Development Tracking System”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.23 Adoption of a resolution authorizing the reorganization of territory designated as Burbank No. 35 which involves the annexation to the City of San José of 0.13 acre of land, located on the east side of North Bascom Avenue, approximately 90 feet north of Olive Avenue and generally bounded by the City of San José Annexation #762 – Sunol No. 14, the City of San José Annexation #678 – Cory No. 6, and the City of San José Annexation #238 – Burbank No. 6-A, and the detachment of the same from the appropriate special districts including: Central Fire Protection District, County Library Service Area, and County Lighting Service. CEQA: Exempt. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required. Council District 6.
(Planning, Building and Code Enforcement)
Documents Filed: (1) Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 29, 2001, stating that before approving the reorganization proposal, the City Council is required to make the following findings: [a] That the unincorporated territory is within the City’s Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO); [b] That the County Surveyor has determined the boundaries of the proposal to be definite and certain and in compliance with the LAFCO Annexation Policies; [c] That the proposal does not split lines of assessment or ownership; [d] That the proposal does not create islands or areas in which it would be difficult to provide municipal services; [e] That the proposal is consistent with the City’s adopted General Plan; [f] That the territory is contiguous to existing City limits; and [g] That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area. (2) Public Hearing Notice to consider reorganization/annexation of Burbank No. 35, dated November 21, 2001, and Proof of Publication executed on November 27, 2001, submitted by the City Clerk.
Discussion/Action: Resolution No. 70765, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Burbank No. 35 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.24 Approval of two lease agreements with La Familia, LP for office space at 777 North First Street for the Department of Information Technology and Code Enforcement, for a combined monthly rent of $6,880.75 per month during the first year of the leases, with annual increases of approximately three percent (3%), to a maximum rate of $8,084.56 per month during the fifth and final year of the leases.
(Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 26, 2001, recommending Council approve said lease agreements.
Discussion/Action: The two lease agreements with LaFamilia, LP were approved and execution of the agreements authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.25 Approval of a cooperation agreement with Yerba Buena, OPCO, LLC to fund with an initial deposit of $30,000 and for the City to investigate the feasibility of providing public financing for the acquisition and construction of public infrastructure improvements required for the Evergreen Industrial Development. Council District 8. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated
November 26, 2001, recommending Council approve said agreement.
Discussion/Action: The cooperation agreement with Yerba Buena, OPCO, LLC, was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.26 Approval of an agreement with Callander Associates Landscape Architects, Inc. for consultant services for the development of master plans and construction documents for Floyd and Locust Street Park and Sixth and William Street Park, from the date of execution of the agreement to June 30, 2003, in the amount of $162,000, and additional services in the amount of $5,000, for a total agreement amount of $167,000. Council District 3. SNI: University & Washington. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated November 26, 2001, recommending Council approve said agreement
Discussion/Action: As a point of clarification, Acting Director of Public Works Rajeev Batra stated the amounts in the staff report should be changed to reflect the consultant services agreement “amount of $162,000” and the total agreement amount of “$167,000”. The consultant services agreement with Callander Associates Landscape Architects, Inc., was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.27 Approval of a continuation agreement with Creegan + D’Angelo for consultant services for the design of improvements to the King Road Bridge at Penitencia Creek, extending the term from December 31, 2001 to December 31, 2003, at no additional cost to the City. Council District 4. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated
November 26, 2001, recommending Council approve the first amendment to the
consultant services agreement with Creegan + D’ Angelo.
Discussion/Action: The continuation agreement with Creegan + D’Angelo was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.28 Adoption of a resolution to consider the establishment of Rule 20A Underground Utility District bounded by South Fourth Street, South Fifth Street, and South Sixth Street, between East San Fernando Street and East Santa Clara Street and setting a public hearing on January 15, 2002 at 1:30 p.m. CEQA: Exempt. Council District 3. SNI: University. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated
November 26, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70766, entitled: “A Resolution of the Council of the City of San José Setting the Time and Place for a Public Hearing to Consider the Establishment of Rule 20A Underground Utility District Bounded by South Fourth Street, South Fifth Street, and South Sixth Street Between East San Fernando Street and East Santa Clara Street on January 15, 2002 at 1:30 p.m., was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.29 Approval of a Parking Lot Lease Agreement between the City of San José and Boston Properties dba BP Almaden Associates, LLP, in the amount of $240,000, $20,000 per month, for the Almaden/Woz Way parking lot, located at 282 Almaden Boulevard, for the period December 23, 2001 to December 31, 2002.
(Transportation)
Documents Filed: Memorandum from Director of Transportation, Wayne K. Tanda, dated November 26, 2001, recommending Council approve said agreement.
Discussion/Action: The Parking Lot Lease Agreement with Boston Properties dba BP Almaden Associates, LLP, was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.30 Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor)
(Deferred from 10/30/01 – Item 2.11 et al., and 12/11/01 – Item 2.13)
Documents Filed: Memorandum from Mayor Gonzales, dated December 18, 2001, recommending Council approve the appointments to the Metcalf Community Advisory Committee.
Discussion/Action: The appointment of Phil Mitchell and Elizabeth Cord as the City of San José neighborhood representatives on the Metcalf Citizens Advisory Committee was approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.31 Approval of a Community Event for use at the Compaq Center on December 29, 2001, for a San José State University vs. Fresno State University basketball game. (San José Arena Authority)
(Rules Committee referral 12/12/01)
Documents Filed: Memorandum from San José Arena Authority Executive Director, Chris Morrisey, dated December 6, 2001, recommending Council approve the proposed Community Event date.
Discussion/Action: The proposed Community Event date, as provided in the Amended and Restated Management Agreement, was approved for use at Compaq Center at San José. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.32 Acceptance of the 2001 Public Art Workplan Third Quarter Report and Maintenance and Repair Report for Public Artworks.
(Conventions, Arts and Entertainment)
Documents Filed: See Item 5.5.
Discussion/Action: This item was renumbered from Item 5.5, and the 2001 Public Art Workplan Third Quarter Report and Maintenance and Repair Report for Public Artworks were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.33 Adoption of a resolution:
(a) Approving a Minor Amendment to the adopted Airport Master Plan to terminate and remove the 94th Aero Squadron Restaurant leasehold improvements prior to the 2004 expiration date of the existing lease and to reuse the site on an interim basis for a cement batch plant for the Runway 12R-30L reconstruction project; and
(b) Authorizing the City Manager to exercise the City’s option to terminate the lease between the City and Specialty Restaurant Corporation (94th Aero Squadron), by negotiating and executing a leasehold termination agreement with Specialty Restaurant Corporation, in an amount to be paid by the City not to exceed $100,000.
CEQA: Resolution No. 67380. (Airport)
(Rules Committee referral 12/12/01)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated December 11, 2001, noting the reason for addendum and recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70767, entitled: “A Resolution of the Council of the City of San José Approving a Minor Amendment to the Adopted Airport Master Plan to Terminate and Remove the 94th Aero Squadron Restaurant Leasehold Improvements Prior to the 2004 Expiration Date of the Existing Lease and to Reuse the Site on an Interim Basis for a Cement Batch Plant for the Runway 12R-30L Reconstruction Project and Authorizing the City Manager to Exercise the City’s Option to Terminate the Lease Between the City and the Specialty Restaurant Corporation (94th Aero Squadron), by Negotiating and Executing a Leasehold Termination Agreement with Specialty Restaurant Corporation in an Amount to be Paid by the City Not to Exceed $100,000”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.34 Adoption of a resolution authorizing the Director of General Services to execute a third amendment to the agreement with Millar Elevator Service Company, to extend the agreement from December 1, 2001 to June 30, 2002, for elevator and escalator maintenance at various City facilities at a total cost not to exceed $85,000. (General Services)
(Rules Committee referral 12/12/01)
Documents Filed: Memorandum from Director of General Services, José Obregon, dated December 11, 2001, noting the reason for addendum and recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70768, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute a Third Amendment to the Agreement with Millar Elevator Service Company”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.35 Approval of a first amendment to the consultant agreement for the Alviso Environmental Education Center Remediation Project with URS Corporation, formerly known as “URS Greiner Woodward-Clyde International-Americas, Inc.,” extending the term of the agreement from January 1, 2002 to June 30, 2003, at no additional cost to the City. Council District 4. (Public Works)
(Rules Committee referral 12/12/01)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated
December 11, 2001, noting the reason for addendum and recommending Council
approve the first amendment to said agreement.
Discussion/Action: The first amendment to the consultant agreement with URS Corporation, formerly known as “URS Greiner Woodward-Clyde International-Americas, Inc.”, was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.36 Adoption of resolutions authorizing the City Attorney to negotiate and execute the following amendments to legal services agreements related to the development of the North Coyote Valley Industrial Campus Area, with all costs to be reimbursed to the City by the developer:
(a) A fourth amendment to the agreement with McCutchen, Doyle, Brown & Enersen, LLP, extending the term through June 30, 2002, and increasing compensation by $100,000, to a total amount not to exceed $500,000.
(b) A continuation agreement with Morrison & Foerster, LLP, extending the term through December 31, 2001, and increasing compensation by $8,500, to a total amount not to exceed $188,500.
(c) Adoption of appropriation ordinance and
funding sources resolution amendments in the Construction Excise Tax Fund in
the amount of $108,500 to provide funding for the fourth amendment to the
agreement with McCutchen, Doyle, Brown & Enersen, LLP, and for the
continuation agreement with Morrison & Foerster, LLP. (City Manager's Office)
(City
Attorney’s Office)
(Rules
Committee referral 12/12/01)
Documents Filed: (1) Memorandum from City Attorney, J. Richard Doyle dated December 13, 2001, recommending Council adopt said resolutions. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated December 17, 2001, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund.
Discussion/Action: Resolution No. 70769, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Fourth Amendment to the Legal Services Agreement with McCutchen, Doyle, Brown and Enersen, LLP, Extending the Term through June 30, 2002, and Increasing Compensation by $100,000 for a Total Not to Exceed $500,000”; Resolution No. 70770, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Continuation Agreement for Legal Services with Morrison & Foerster LLP to Continue the Term through December 31, 2001 and Increasing Compensation by $8,500, for a Total Not to Exceed $188,500”; Ordinance No. 26542, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Construction Excise Tax Fund in the Amount of $108,500 for Cisco North Coyote Valley Improvements Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70771, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Construction Excise Tax Fund”, were adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – Meeting of December 5, 2001
Documents Filed: Rules Committee Report of December 5, 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 18, 2001 Draft Agenda
The Committee approved the December 18, 2001 Agenda with three additions.
(2) Add New Items to December 11, 2001 Amended Agenda
The Committee recommended two additions to the December 11, 2001 City Council Agenda and directed the City Manager to redistribute his November 26, 2001 memorandum regarding executive recruitment.
(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 for the period November 21-27, 2001. Attachment:
(1) Memorandum from City Clerk Patricia L. O’Hearn, dated November 29, 2001, transmitting items to the Administration for the Public Record for the period November 21-27, 2001.
The Committee noted and filed the Public Record for the period November 17-27, 2001.
(f) Boards, Commissions and Committees.
None Presented.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee.
None Presented.
(h) Administrative Reviews and Approval.
None Presented.
(i) Oral communications.
None Presented.
(j) Adjournment - The meeting was adjourned at 2:35 p.m.
Discussion/Action: Upon motion by Council
Member Dando, seconded by Council Member Diquisto and unanimously carried, the
Rules Committee Report and actions of December 5, 2001, were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
Report of the Rules Committee – Meeting of December 12, 2001
Documents Filed: Rules report of December 12, 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 25, 2001 Draft Agenda
This Item was dropped – Holiday Closure.
(2) Add New Items to December 18, 2001 Amended Agenda. Attachment: Memorandum from Council Member Williams, dated December 11, 2001, requesting a report from Staff to update the City Council on items that the Taxi Advisory Task Force has been discussing and/or pursuing; and the Airport’s plans for back-up taxi service during the holidays in the event of a shortage of service.
The Committee recommended seven additions to the December 18, 2001 City Council Agenda and directed the Administration to provide an information memorandum to Council on Thursday, December 20, 2001, which would address the following: (1) Presentation to Council of an interim staff report in January 2002 on the progress made by the Taxi Advisory Task Force; (2) Provide a Schedule of Task Force Meetings and an effort to present final recommendations sooner than March 2002; and (3) Information on Holiday taxi issues to be covered.
(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. Attachment: Memorandum from Deanna Santana, Assistant to the City
Manager, dated December 11, 2001, requesting approval to schedule a joint City
Council/Santa Clara Valley Water District meeting.
The Committee recommended a Joint City Council/Santa Clara Valley Water District (SCVWD) Meeting on January 22, 2002, 11:00 a.m. to 12:30 p.m., to be held at the Santa Clara Valley Water District Office, located at 5750 Almaden Expressway, to discuss and take action on the SCVWD contribution for the Metcalf Energy Center’s recycled water pipeline and the framework for continued discussion on an equity partnership in the recycled water system between the District and the City.
(e) The
Public Record.
None Presented.
(f) Boards,
Commissions and Committees.
None Presented.
(g) Council
Referrals for Assignment to Appropriate Committee, Administration, or Council
Appointee
None Presented.
(h) Administrative
Reviews and Approval
(1) 2001 Federal Legislative Summary. Attachment: Memorandum from Director of Intergovernmental Relations, Betsy Shotwell, dated December 5, 2001, recommending acceptance of San José’s 2001 Summary on Federal Legislation and the City’s appropriation requests.
The Committee accepted the 2001 Federal Legislative Summary.
(2) 2001 State Legislative Summary. Attachment: Memorandum from State Legislative Representative, Roxanne L. Miller, dated December 5, 2001, transmitting the Legislative Status Report on the 2001-2002 Legislative Session, including the 2001-2002 First and Second Extraordinary Sessions, and recommending acceptance of San José’s 2001 State Legislative Summary.
The Committee
accepted the 2001 State Legislative Summary.
(i) Oral Communications.
None Presented.
(j) Adjournment - The meeting was adjourned at 3:05 p.m.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Diquisto and unanimously carried, the Rules Committee report and actions of December 12, 2001, were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
Vice Mayor Shirakawa, Jr. entered Chambers at 2:15 p.m.
3.5 Adoption of a resolution approving the terms of an agreement with the San José Police Officers' Association amending the 2000-2003 Memorandum of Agreement and authorizing the City Manager to execute the agreement.
(City Manager’s Office)
Documents Filed: Memorandum from Director of Employee Relations, Alex Gurza, dated December 18, 2001, recommending Council adopt said resolution.
Discussion/Action: Pete Campbell and William J. Garbett spoke against the proposed action. Joanne Bartholdy, MEF Local 101/Fire Dispatchers, spoke in support of the contract. Upon motion by Council Member Diquisto, seconded by Council Member Chavez and unanimously carried Resolution No. 70772, entitled: “A Resolution of the Council of the City of San José Approving an Amendment to the 2000-2003 Memorandum of Agreement Between the City of San José and the San José Police Officers Association and Authorizing the City Manager to Execute the Agreement”, was adopted. Vote: 11-0-0-0.
3.6 Direction to the City Attorney to draft an ordinance to exempt domestic partners from the City’s Real Property Conveyance Tax using the same definition for domestic partners as the State Registry. (Finance)
Documents Filed: None.
Discussion/Action: This item was dropped from the Agenda.
3.7 Adoption of a resolution approving Council Appointee salary adjustment recommendations. (Mayor)
(Rules Committee referral 12/12/01)
Documents Filed: Memorandum from Mayor Gonzales, dated December 18, 2001, recommending Council approve the proposed salary adjustment for individual Council appointees, and that market salary surveys be conducted for all Council appointee salaries each year.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 70773, entitled: “A Resolution of the Council of the City of San José Approving Council Appointee Salary Adjustments for the City Manager, Executive Director of the Redevelopment Agency, City Attorney, City Clerk, City Auditor and Independent Police Auditor Effective July 1, 2001”, was adopted with additional direction to the Administration to conduct market salary surveys for all Council appointee salaries each year, and the results provided to Council no later than August 31st of each year. Vote: 11-0-0-0.
4.1 Report of the Economic Development & Environment Committee – December 3, 2001
Documents Filed: Economic Development & Environment Committee report of December 3, 2001.
(a) Annual Report of the First Source Employment Program. Attachment: Memorandum from Redevelopment Agency Executive Director Susan Shick, dated November 5, 2001, recommending the Economic Development & Environment Committee accept the report and refer it to the City Council/Agency Board for acceptance.
The Committee accepted the staff report and referral on the Program.
(b) Report on Implementation Efforts of Green Building Policies. Attachment: Memorandum from Director of Environmental Services Carl W. Mosher, and Acting Director of Public Works Rajeev Batra, dated November 15, 2001, transmitting said report and recommending acceptance.
The Committee accepted the staff report on the implementation efforts of the policies.
(c) Parkland Ordinances Fee Adjustment Report. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 19, 2001, attaching said report and recommending acceptance.
The Committee noted and filed the report regarding revisions to the in-lieu fee schedule associated with the Parkland Dedication and the Park Impact Ordinances.
(d) Monthly Status Report on Housing Production Team Action Items. Attachments: Memoranda from Leslye Corsiglia Director of Housing, and Acting Director of Planning, Building and Code Enforcement Joseph Horwedel, dated October 19 and November 19, 2001, attaching the October and November 2001 monthly updates on the Administration’s progress in addressing the recommendations of the Housing Production Team.
The Committee accepted the status report on the Production Team action items.
(e) Quarterly Report on Activity in the Project Development Program. Attachment: Memorandum from Leslye Corsiglia, Director of Housing, dated October 12, 2001, attaching a report covering activity in the Housing Project Development Program for the first quarter of the 2001-2002 Fiscal Year.
The Committee accepted the staff report on the Program.
(f) Quarterly Report on Housing Rehabilitation Program. Attachment: Memorandum from Leslye Corsiglia, Director of Housing, dated October 12, 2001, transmitting a report on activity in the Housing Rehabilitation Program during the first quarter of the 2001-2002 Fiscal Year.
The Committee accepted the staff report.
(g) Quarterly Report on the Housing and Homeless Fund. Attachment: Memorandum from Leslye Corsiglia, Director of Housing, dated October 16, 2001, attaching a report on the new applications for Housing and Homeless Funds received during the reporting period, providing the status of pending applications received in prior reporting periods, and updating on the progress of previously funded applications.
The Committee accepted the staff report.
(h) Monthly Report on Affordable Housing Production. Attachment: Memoranda from Leslye Corsiglia, Director of Housing, dated October 19 and November 16, 2001, transmitting said reports, dated October 15 and November 16, 2001, which track implementation of the 1999-2004 Five-Year Spending and Operations Plan for Affordable Housing.
The Committee accepted the staff report.
(i) Five Year Homeless Plan. Attachment: Memorandum from Leslye Corsiglia, Director of Housing, dated November 19, 2001, recommending deferral of the Five Year Homeless Plan report to February 2002.
The Committee deferred this item to February 4, 2002.
(j) Oral Petitions.
None Presented.
(k) Adjournment
The meeting was adjourned at 3:30 p.m.
Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Dando and unanimously carried, the Economic Development & Environment Committee report and actions of December 3, 2001, were accepted. Vote: 11-0-0-0.
4.2 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 and 12/4/01 – Item 4.3)
Documents Filed: None.
Discussion/Action: This item was deferred to January 22, 2002.
4.3 Public Hearing and adoption of a resolution:
(a) Approving a Disposition and Development Agreement
(DDA) between the City of San José and Community Home Builders & Associates
(CHBA), or its designated affiliate, for the acquisition and development
of the Roberts Avenue Family Housing Development, a 100- unit family development on 3.42 acres of City-owned
property, located at the northwest corner of Lucretia Avenue and Vintage Way.
(b) Approving business terms for an
acquisition/predevelopment loan in an amount not to exceed $3,922,778, a
construction loan of up to $7,184,002 (which includes the refinancing of an
acquisition loan of $3,422,778 and a predevelopment loan of $500,000), and a
permanent loan of up to $4,300,000.
(c) Authorizing the Director of Housing to negotiate
and execute all necessary documents evidencing the subject DDA with CHBA, or
its designee, including loans, deeds, and other related agreements on behalf of
the City related to the housing development.
CEQA: ND. Council District 7. SNI: Tully/Senter. (Housing)
Documents Filed: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated November 26, 2001, recommending Council adopt said resolution.
Discussion/Action: Mayor Gonzales opened the public hearing to consider the Disposition and Development Agreement and other related agreements on behalf of the City related to the housing development. As a point of clarification, Staff stated the public hearing for the sale or conveyance of the subject parcel was noticed and the Notice of Public Hearing was published on December 3, 2001 and December 10, 2001, and the summary report of the DDA has been completed in accordance with Section 33433 of California Redevelopment Law. Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed and Resolution No. 70774, entitled: “A Resolution of the Council of the City of San José (1) Authorizing the Director of Housing to Negotiate and Execute a Disposition and Development Agreement with Community Home Builders & Associates, or its Designated Affiliate for the Acquisition and Development of the Roberts Avenue Family Housing Project; (2) Approving the Business Terms for an Acquisition/Predevelopment Loan in an Amount Not to Exceed $3,922,778, a Construction Loan in an Amount Not to Exceed $7,184,002, and Permanent Loan in an Amount Not to Exceed $4,300,000 with Community Home Builders & Associates, or its Designated Affiliate; and (3) Authorizing the Director of Housing to Negotiate and Execute the Disposition and Development Agreement and Other Related Agreements and Documents Required under this Resolution”, was adopted. Vote: 11-0-0-0.
4.4 Direction to staff to utilize ornamental fixtures when installing street light systems in Historic Districts and Conservation areas. CEQA: Exempt. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
(Public Works/Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, and Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 29, 2001, recommending Council approve direction to staff regarding the ornamental fixtures.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortesé and unanimously carried, Staff was directed to utilize ornamental fixtures when installing street light systems in Historic Districts and Conservation Areas in the manner consistent with applicable provisions. Vote: 11-0-0-0.
5.2 Acceptance of the annual status report on the branch library bond projects. (Citizen Oversight Committee for the Library Bond Projects)
Documents Filed: Memorandum from Citizen Oversight Committee for the Library Bond Projects, Edna Sewill, Chair, San José Library Commission, dated November 26, 2001, recommending Council accept the report on the Library Bond Projects.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr. seconded by Council Member Chavez and unanimously carried, the annual status report on the Branch Library Bond Projects was accepted. Vote: 11-0-0-0.
5.3 Acceptance of the first annual report regarding the implementation of the Safe Neighborhood Parks and Recreation Bond Projects. (Citizen Oversight Committee for the Parks and Recreation Bond Projects)
Documents Filed: Memorandum from Citizen Oversight Committee for the Parks and Recreation Bond Projects, John Guiusto, Chair, San José Parks and Recreation Commission, dated November 26, 2001, recommending Council accept the report on the Library Bond Projects.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr. seconded by Council Member Yeager and unanimously carried, the first annual status report regarding the implementation of the Safe Neighborhood Parks and Recreation Bond Projects was accepted. Vote: 11-0-0-0.
Council Member Chavez left Chambers at this point in the meeting.
5.4 Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund providing funding in the amount of $3.5 million to implement an open space settlement agreement with the City of Morgan Hill and the Morgan Hill Unified School District. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated December 5, 2001, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: William J. Garbett spoke against the proposed action, and Ross Signorino addressed Council on various aspects of the proposal. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, Ordinance No. 26543, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 Which Appropriates Moneys in the General Fund in the Amount of $3,500,000, to Implement an Open Space Settlement Agreement with the City of Morgan Hill and the Morgan Hill Unified School District; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70775, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, was adopted Vote: 10-0-1-0. Absent: Chavez.
5.5 Acceptance of the 2001 Public Art Workplan Third Quarter Report and Maintenance and Repair Report for Public Artworks.
(Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 26, 2001, recommending Council accept the 2001 Public Art Workplan Third Quarter Report and Maintenance and Repair Report for Public Artworks.
Discussion/Action: This Item Renumbered to Item 2.32. See Item 2.32 for Council action taken.
5.6 Report on bids and award of contract for the Tuers-Capitol Golf Course Mitigation Project to the low bidder, Ecological Concerns Incorporated dba Central Coast Wilds, to include the base bid and Add Alternate No. 1 in an amount not to exceed $284,598.13, and approval of a contingency in the amount of $29,000. Council District 7. (Public Works)
Documents Filed: (1) Supplemental memorandum from Acting Director of Public Works Rajeev Batra, dated December 11, 2001, noting the reason for the supplemental memorandum and recommending Council award said contract and approve the contingency amount. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated November 26, 2001, recommending Council award said contract to the low bidder and approve the ten percent contingency.
Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the report on bids was accepted and award of contract to Ecological Concerns Incorporated dba Central Coast Wilds, the low bidder, and the ten percent contingency amount were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.
Council Member
Chavez returned to Chambers during discussion of Item 5.7.
5.7 (a) Report on bids and award of contract for the South Central Swim Center Project to the low bidder, West Bay Builders, Inc., to include the base bid and Add Alternate Nos. 1, 2, and 3 in the amount of $4,649,800, and approval of a contingency in the amount of $465,000. CEQA: Negative Declaration.
(b) Adoption of the following appropriation ordinance amendments:
(1) In Council District 7 Construction & Conveyance Tax Fund for the Parks, Recreation and Neighborhood Services Department:
(a) Increase the South Central Swim Center project by $170,000.
(b) Decrease the Ending Fund Balance by $170,000.
(2) In the Park Trust Fund for the Parks, Recreation and Neighborhood Services Department:
(a) Increase the South Central Swim Center project by $700,000.
(b) Decrease the Reserve: Future PDO/PIFO Projects by $700,000.
CEQA: ND. Council District 7. SNI: Santee.
(Publi