CSJ 3-13-01 City Council Meeting Minutes

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, MARCH 13, 2001

The Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.

Present: Council Members - Chavez, Cortese, Diquisto, Reed, Shirakawa, Jr., Yeager; Gonzales.

Absent: Council Members - Dando, LeZotte, Williams (all excused)

Vacant: District 5.

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of City of Los Angeles, et al. v. Evans, et al.; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Alex Gurza; Employee Organization: Employee Organization: International Association of Firefighters; (2) City Negotiator: City Manager designee Alex Gurza; Operating Engineers, Local 3.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1:33 p.m. in the Council Chambers.

Present: Council Members - Campos, Chavez, Cortese, Diquisto, Reed, Shirakawa, Jr., Yeager; Gonzales.

Absent: Council Members - Dando, LeZotte, Williams (all excused)

Council Member-Elect Nora Campos attended the afternoon session of the Council meeting, following unanimous appointment to fill the vacant District 5 seat.

Invocation (District 3)

Reverend Gerald Sakamoto, San José Buddhist Church Betsuin, gave the Invocation.

Pledge of Allegiance

Mayor Gonzales led 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. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

CEREMONIAL ITEMS

1.1 Presentation of a commendation to Fire Department personnel who displayed courage, determination and dedication in response to a residential fire that occurred on January 21, 2001. (Chavez)

(Deferred from 2/27/01 – Item 1.1)

Documents filed: None.

Discussion/Action: Mayor Gonzales was joined by Council Members Diquisto and Chavez for presentation of a commendation to Fire Chief Manny Alarcon, recognizing San José firefighters who responded to a catastrophic fire in the downtown on January 21, 2001, and under the leadership of Battalion Chief Kevin Conant, the Incident Commander, performed acts of bravery in the line of duty, in efforts to extinguish the fire and to search for and rescue residents trapped in the home. Council Member Chavez read the commendation on behalf of Mayor Gonzales and Council Member Diquisto and the entire City Council, commending San José firefighters for great heroism in aiding in the evacuation and resuscitation of those overcome, and whose quick actions and coordinated efforts were directly responsible for saving the lives of residents who would otherwise have suffered great harm. Fire Chief Alarcon accepted the commendation on behalf of the San José Fire Department and introduced Battalion Chief Kevin Conant, who recognized Dispatcher Dan Hendricks; Engine 3A—Captain Jimenez and crew; Truck 3A—Captain Barry Franchi and Crew; Engine and Truck #1 Crew; Engine 30A—Captain John Laurent and Crew; Engine 8A—Captain Philip Croyle and Crew; and the Rapid Intervention Team led by Captain Rodney Villa, and others. As a retired fire captain, Council Member Diquisto and Mayor Gonzales thanked all involved in the extraordinary event, for their continued service to the people of San José.

1.2 Presentation by Gary Giannini and Dennis Brach, of the Rotary Club of San José, to the City of San José and the San José Redevelopment Agency for their efforts in establishing a multiuse community banquet facility for the City of San José in conjunction with construction of the 4th and San Fernando Garage. (Redevelopment Agency)

Documents filed: None.

Discussion/Action: Mayor Gonzales was joined at the podium by Rotary Club representatives Gary Giannini and Dennis Brach, who presented a check for $100,000 to the City of San José and Redevelopment Agency as their first contribution toward the construction of the 4th and San Fernando Garage. Mayor Gonzales accepted and thanked the Rotary Club for their support of the accompanying multiuse community banquet facility.

1.3 Appointment and swearing in of Nora Campos to the City Council to fill the vacancy in Council District 5. (Mayor)

(Rules Committee referral 3/7/01)

(Renumbered from Item 3.5)

Documents filed: None.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto, and unanimously carried, Council Member-Elect Nora Campos was appointed Council Member for District 5, to serve an unexpired term ending December 31, 2002. Mayor Gonzales welcomed Council Member Campos to the City Council and acknowledged her family in the audience, after which she joined the City Council on the dais representing District 5, for the remainder of the Council meeting.

CONSENT CALENDAR

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.1 Final adoption of Ordinance 26305 – Amends Section 20.50.100 of Chapter 20.50 of Title 20 of the San José Municipal Code amending Table 20-110 to correct a typographical error and clarify that vehicle wrecking uses are conditional uses within the HI Heavy Industrial Zone and to provide and clarify that the development regulations applicable to properties zoned CG General Commercial and within the area bounded by Route 87, Julian Street, Fourth Street, and Interstate 280 shall be those development regulations set forth in Part 12 of Chapter 20.28 of the San José Municipal Code in effect on February 18, 2001.

Documents filed: Proof of publication of title of Ordinance No. 26305, executed on March 6, 2001, submitted by the City Clerk.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Ordinance No. 26305 was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.2 Final adoption of Ordinance 26307– Amends Section 11.40.050 of Chapter 11.40 of Title 11 of the San José Municipal Code to include additional parking meter zones in Downtown and Japantown.

Documents filed: Proof of publication of title of Ordinance No. 26307, executed on March 6, 2001, submitted by the City Clerk.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Ordinance No. 26307 was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.3 Approval of a first amendment to the legal services agreement for the Airport with Shaw Pittman to allow Shaw Pittman to retain experts on the City’s behalf and at the City’s request, and to provide for the reimbursement by City for the cost of such experts, at no increase in total compensation. (City Attorney’s Office)

Documents filed: Memorandum from City Attorney Richard Doyle, dated March 7, 2001, recommending approval of a first amendment to said agreement with Shaw Pittman.

Discussion/Action: The first amendment to said agreement with Shaw Pittman was approved and its execution authorized. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.4 Approval of authorization for the City Manager to travel to Washington, D.C., March 24 through 25, 2001, to present “Serving the Public Good in an Information Society: Campus/City Library Collaboration” at the American Association for Higher Education Conference. (City Manager’s Office)

Documents filed: Memorandum from City Manager, Del D. Borgsdorf, dated February 23, 2001, requesting approval of said travel.

Discussion/Action: The travel authorization for the City Manager’s travel to Washington, D.C., March 24-25, 2001, was approved. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.5 Adoption of a resolution authorizing the Director of the Environmental Services Department to submit an application to the California Integrated Waste Management Board’s, Reuse Assistance Grant Program, in the amount of $50,000, to execute all documents related to the application, and to accept funds on behalf of the City of San José. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 21, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70195, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of the Environmental Services to Submit a Grant Application to the California Integrated Waste Management Board for a Reuse Assistance Grant in the Amount of $50,000 for Support of School Recycling Programs and Authorizing the Director to Accept the Grant Funds on Behalf of the City and to Execute all Documents Necessary to Implement the Grant”, was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.6 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Fullerton & Friar, Inc. and Public Resources Advisory Group for financial advisory services related to the issuance of General Airport Revenue Bonds in an amount not to exceed $160,000, with a term retroactive from February 6, 2001 to December 31, 2001.

(b) Adoption of a resolution authorizing the City Attorney to negotiate and execute an agreement with Orrick, Herrington and Sutcliffe LLP for bond counsel services related to the issuance of General Airport Revenue Bonds in an amount not to exceed $148,000, with a term retroactive from February 6, 2001 to December 31, 2001.

(Finance/Airport)

Documents filed: Memorandum from Scott P. Johnson, Director of Finance, and Ralph G. Tonseth, Director of Aviation, dated February 21, 2001, recommending adoption of said resolutions.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 70196, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement by and among the City, Fullerton & Friar, Inc., and Public Resources Advisory Group for Financial Services Related to the Issuance of General Airport Revenue Bonds, in an Amount Not to Exceed $160,000, for a Term Retroactive from February 6, 2001 to December 31, 2001, and Resolution No. 70197, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute an Agreement with Orrick, Herrington and Sutcliffe LLP for Bond Services Related to the Issuance of General Airport Revenue Bonds in an Amount Not to Exceed $148,000, for a Term Retroactive from February 6, 2001 to December 31, 2001”, were adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.7 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #32, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated February 21, 2001, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List No. 32 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.8 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #33, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated February 21, 2001, recommending approval of said open purchase orders. (2) Letter from the Treatment Plant Advisory Committee dated March 8, 2001, stating concurrence with the Staff recommendation.

Discussion/Action: The award of open purchase orders List No. 33 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.9 Approval of award of the sole source purchase of 70 skimmer blade assemblies for the Department of Environmental Services/Water Pollution Control Plant, to U.S. Filter/Envirex for the total cost of $80,892, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)

Documents filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated February 21, 2001, recommending award of said sole source purchase, pursuant to Municipal Code Section 4.12.149, to U.S. Filter/Envirex, and authorization for the Director of General Services to execute the purchase order. (2) Letter from the Treatment Plant Advisory Committee dated March 8, 2001, stating concurrence with the Staff recommendation.

Discussion/Action: The award of said sole source purchase to U.S. Filter/Envirex, and authorization for the Director of General Services to execute the purchase order were approved. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.10 Approval of a purchase agreement with Ionics Ultrapure Water Corporation for the purchase of land required for the extension of Hellyer Avenue located at 5900 Silver Creek Valley Road in San José, APN # 678-93-014, in the amount of $1,500 plus related closing costs, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction. CEQA: Resolution No. 69699. Council District 2. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated February 21, 2001, recommending approval of said purchase agreement with Ionics Ultrapure Water Corporation and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction.

Discussion/Action: The purchase agreement with Ionics Ultrapure Water Corporation and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction were approved. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.11 Approval of a purchase and sale agreement with Carolyn Jennifer Posada and Garrett Matthew Gonzales for the purchase of a slope easement for the extension of Hellyer Avenue located at 6521 Alyssa Court in San José, APN #678-24-072, in the amount of $4,100 plus related closing costs, and authorization for the Director of Public Works to execute the related necessary documents to complete the transaction. CEQA: Resolution No. 69699. Council District 2. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated February 21, 2001, recommending approval of a purchase and sale agreement with Carolyn Jennifer Posada and Garrett Matthew Gonzales for said purchase and authorization for the Director of Public Works to execute the related necessary documents to complete the transaction were approved. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

Discussion/Action: The purchase and sale agreement with Carolyn Jennifer Posada and Garrett Matthew Gonzales for said purchase and authorization for the Director of Public Works to execute the related necessary documents to complete the transaction were completed. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

2.12 Approval of a report on bids and award of contract for the Construction of the 2000-01 Wheelchair Ramps Project Unit 1 to the low bidder, Sposeto Engineering, Inc., in the amount of $199,325. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated February 21, 2001, recommending award of said contract to the low bidder, Sposeto Engineering.

Discussion/Action: The award of said contract to the low bidder, Sposeto Engineering, was approved and its execution authorized. At the request of Council Member Cortese, Staff was directed to work with Council Members Cortese and Reed regarding needs for wheelchair ramps in Districts 4 and 8. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – February 28, 2001

Vice Mayor Shirakawa, Jr., Chair

Documents filed: Rules Committee report of February 28, 2001.

(a) Redevelopment Agency items reported out at Redevelopment Agency meeting

(b) City Council

(1) Review March 13, 2001 Draft Agenda

The Committee approved the March 13, 2001 City Council agenda with one addition.

(2) Add New Items to March 6, 2001 Amended Agenda

The Committee recommended four additions to the March 6, 2001 City Council agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

The Committee approved the March 21, 2001 Draft agenda for the Finance and Infrastructure Committee.

(b) Economic Development and Environment Committee

There were no amendments presented.

(d) Ad Hoc Traffic Calming Advisory Committee

The Committee recommended approval of a Study Session on April 17, 2001 on Traffic Calming.

(d) Meeting Schedules

(1) FY 2001-2002 Budget Study Session Meeting Schedule. Attachment: Memorandum from Mayor Gonzales, dated February 27, 2001, recommending the schedule for Council Study Sessions on the proposed 2001-2002 City and Redevelopment Agency budget be approved.

The Committee approved the 2001-2002 Budget Study Sessions.

(2) Traffic Calming Study Session, April 17, 2001 (8:00-12:00 p.m.). Attachment: Memorandum from Mayor Gonzales and Council Member Reed, dated February 26, 2001, recommending a Council Study Session on Traffic Calming be scheduled for April 17, 2001.

The Committee recommended approval of the Study Session.

(e) The Public Record for the period February 14-21, 2001. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated February 22, 2001, listing the items transmitted to the Administration and those items filed for the Public Record for the period February 14-21, 2001.

The Committee noted and filed the Public Record.

(f) Appointments to Project Diversity Screening Committee

This item was continued to March 7, 2001.

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

None.

(h) Oral communications

None.

(i) Adjournment

The Committee adjourned at 2:30 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Rules Committee report and actions of February 28, 2001, were accepted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

3.3 Report of the Finance and Infrastructure Committee - February 28, 2001

Council Member Dando, Chair

Documents filed: Finance and Infrastructure Committee report of February 28, 2001.

(a) Monthly Financial Statement for January 2001

(b) Capital Cost Report for January 2001

Items (a) through (c) heard by the Redevelopment Agency.

(d) January Monthly Report. Attachment: Report from City Auditor’s Gerald Silva, dated February 20, 2001, for activities from January 15-February 15, 2001.

The Committee accepted the Staff report.

(e) Major Information Technology Projects Update. Attachment: (1) Memorandum from Chief Information Officer, Wandzia Grycz, dated February 20, 2001, providing the Status Report on Major Technology Projects. (2) Supplemental memorandum from City Attorney Richard Doyle, dated March 8, 2001, reporting on the Status of the Police Automated Information System Projects (AIS) Contract.

The Committee accepted the Staff report.

(f) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending September 30, 2000. Attachment: Memorandum from City Auditor Gerald A. Silva, dated February 7, 2001, submitting finding reports from Kafoury, Armstrong & Company, LLP, relating to the Bay 101 Conditional Approval of Stock Transfer Agreement.

The Committee accepted the Staff report.

(g) Oral petitions

None.

(h) Adjournment

The Committee adjourned at 4:20 p.m.

Discussion/Action: Upon motion by Council Member Reed, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the Finance and Infrastructure report and actions of February 28, 2001, were accepted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

3.4 Approval of Council Member Ken Yeager’s travel to Seattle, WA, March 31-April 2, 2001, to attend the American Public Transportation Association Commuter Rail Conference. Funding: Valley Transportation Authority funds. (Yeager)

Documents filed: None.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the travel of Council Member Yeager to Seattle, WA, was approved. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

3.5 Appointment of Nora Campos to the City Council to fill the vacancy in Council District 5. (Mayor)

(Rules Committee referral 3/7/01)

Documents filed: Memorandum from Mayor Gonzales, dated March 9, 2001, recommending the appointment of Council Member-Elect Nora Compos to fill the vacancy in District 5.

Discussion/Action: See Item 1.3 for Council action taken.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Adoption of an urgency ordinance updating and extending for 60 days Ordinance No. 26277, adopted on December 19, 2000, imposing a moratorium on certain new ground floor uses within a portion of the Downtown Core bounded by St. John Street, Fourth Street, San Salvador Street, and the east side of Almaden Boulevard.

Documents filed: Memorandum from Agency Executive Director Susan F. Shick, and City Manager Del D. Borgsdorf, dated March 1, 2001, recommending Council adopt said urgency ordinance.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Ordinance No. 26320, entitled: “An Urgency Ordinance of the City of San José Updating and Extending the Moratorium Adopted by Council Under Ordinance Number 26277, Adopted on December 19, 2000, on Certain New Ground Floor Uses within a Portion of the Downtown Core Bounded by St. John Street, Fourth Street, San Salvador Street, and the East Side of Almaden Boulevard and Setting Forth the Facts Constituting Such Urgency and Referring this Ordinance to the Planning Commission for Study and Consideration Pursuant to Section 20.120.210”, was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

4.3 Adoption of a resolution authorizing the Director of Housing to make grants for costs associated with implementing U.S. Department of Housing and Urban Development regulations on lead-based paint abatement, under the Housing Rehabilitation Program. (Housing)

(Rules Committee referral 3/7/01)

Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated March 6, 2001, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Resolution No. 70198, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Housing to Make Grants for Costs Associated with Implementing U.S. Department of Housing and Urban Development Regulations on Lead-Based Paint Abatement, Under the Housing Rehabilitation Program”, was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

RECREATION & CULTURAL SERVICES

5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – February 26, 2001

Council Member Chavez, Chair

Documents filed: Education, Neighborhoods, Youth and Seniors Committee report of February 26, 2001.

(a) Youth Commission Monthly Report. Attachment: Memorandum from Jennifer Leung, Chair of the San José Youth Commission, dated February 13, 2001, transmitting the January Commission Report.

The Committee accepted the Staff report with the direction that items from all Council Districts be added to the Workplan.

(b) Comprehensive Citywide Anti-Graffiti Strategy Update. Attachment: Memoran-dum from Director of Parks, Recreation and Neighborhood Services, Mark Linder and Director of General Services, Steve Yoshino, dated February 14, 2001, recommending acceptance of the Anti-Graffiti Strategy Update and authorization for Staff to finalize a proposal allowing the City to provide graffiti removal services for a fee to private property owners as described in the ‘future direction’ section therein.

The Committee accepted the Staff report with the direction that Department of Parks, Recreation and Neighborhood Services return in 60 days with a follow-up report.

(c) Citywide Aquatics Report for the 2000 Summer Program. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated February 15, 2001, recommending acceptance of the 2000 Summer Aquatics Report and approval of changes in the Aquatics Fee Schedule, allowing the Director to adjust fees based on attendance.

The Committee accepted the Staff report. See Item 5.3 for Council action taken.

(d) Oral petitions

None.

(e) Adjournment

The Committee adjourned at 2:55 p.m.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee report and actions of February 26, 2001, were accepted, with Council action on Item 5.1(c) taken under Item 5.3 Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

5.2 (a) Approval of the report of 2000 Family Camp operations; and

(b) Approval of the continued operation of Family Camp in 2001 with a goal of achieving direct cost recovery; and

(Conventions, Arts and Entertainment)

Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated February 21, 2001, recommending Council approve the 2000 Family Camp report and continued operation of Family Camp in 2001 and adopt the resolution setting the schedule of charges.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Yeager, and unanimously carried, the report entitled: 2000 Family Camp Operations and the continued operation of Family Camp in 2001 with a goal of achieving direct cost recovery were approved, and Resolution No. 70199, entitled: “A Resolution of the Council of the City of San José Fixing and Establishing a Schedule of Charges to be Paid by Persons at San José Family Camp, and Repealing Resolution No. 69481”, was adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

5.3 Adoption of a resolution approving a change in the Aquatics Fee Schedule to allow adjustments based on attendance. (Parks, Recreation and Neighborhood Services) [Education, Neighborhoods, Youth, and Seniors Committee referral 2/26/01 – Item 5.1(3)]

Documents filed: Memorandum from Assistant to the City Manager Deanna Santana, dated March 6, 2001, stating the Education, Neighborhoods, Youth and Seniors Committee, at its February 26, 2001, accepted the attached Staff report dated February 15, 2001.

Discussion/Action: Council Member Cortese suggested the term ‘subsidy” in the agreement with the East Side Union High School District be changed to a term which more accurately reflects the collaborative nature of the City’s relationship with the School District on this program. Upon motion by Council Member Cortese, seconded by Council Member Chavez, and unanimously carried, Resolution No. 70200, entitled: “A Resolution of the Council of the City of San José Setting Fees for Participation in Recreational Swimming at City-Sponsored Swim Programs, Approving a Change in the Aquatics Fee Schedule to Allow Adjustments Based on Attendance, and Repealing Resolution No. 69319”, was adopted, and Staff directed to revise the language pertaining to a “subsidy” in the agreement with the East Side Union High School District, as discussed. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

5.4 Consideration of Parks and Recreation Commission recommendation to name a park at North First Street near Tasman “Moitozo Park.” (Parks and Recreation Commission/City Clerk)

(Rules Committee referral 3/7/01)

Documents filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated March 13, 2001, forwarding the recommendation from the Parks and Recreation Commission to name a park at North First Street near Tasman the “Moitozo Park”.

Discussion/Action: Upon motion by Council Member Reed, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Council approved the recommendation to name a park at North First Street near Tasman, the “Moitozo Park.” Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

TRANSPORTATION SERVICES

6.2 Adoption of the following resolutions in connection with the formation of Community Facilities District No. 6 (Great Oaks - Route 85):

(a) A resolution of intention to form Community Facilities District No. 6 (Great Oaks - Route 85), to authorize the levy of special taxes pursuant to the City of San José Community Facilities District Financing Procedure, setting a public hearing on March 27, 2001 at 1:30 p.m., and to:

(1) Authorize the City Manager to execute a joint community facilities agreement with the California Department of Transportation and to negotiate and execute agreements with E. Wagner & Associates for financial advisory services in an amount not to exceed $95,000, for the term of January 1, 2000 to December 31, 2001, and with Berryman & Henigar, Inc. for special tax consulting services in an amount not to exceed $50,000, for the term of August 15, 2000 to December 31, 2001.

(2) Authorize the City Attorney to negotiate and execute an agreement with Quint & Thimmig for bond counsel services in an amount not to exceed $70,000, for the term of August 15, 2000 to December 31, 2001.

(b) A resolution of intention to incur bonded indebtedness of the Proposed Community Facilities District No. 6 (Great Oaks - Route 85) pursuant to the City of San José Community Facilities District Financing Procedure in an amount not to exceed $15,600,000.

CEQA: Resolution No. 69699. (Public Works/Finance)

(Deferred from 2/20/01 – Item 6.2 and 3/6/01 – Item 6.2)

Documents filed: (1) Memorandum from Acting Director of Public Works, Rajeev Batra, and Director of Finance Scott P. Johnson, dated March 9, 2001, recommending adoptions of said resolutions in connection with the formation of Community Facilities District No. 6. (2) Memorandum from Assistant to the City Manager Deanna Santana, dated March 13, 2001, stating the original Staff memorandum was revised after the Redevelopment Agency requested deferral from the March 6, 2001 Council Agenda to revise the traffic analysis, prepare an addendum to the Edenvale EIR and reallocate the assessments to be levied upon each property owner in order to reflect new assumptions about traffic in the area. (3) Memorandum from Council Member Forrest Williams, dated March 7, 2001, recommending approval of the Staff recommendation.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Resolution No. 70201, entitled: “A Resolution of the City Council of the City of San José Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the City of San José Community Facilities District Financing Procedure”, and Resolution No. 70202, entitled: “A Resolution of the City Council of the City of San José Declaring its Intention to Incur Bonded Indebtedness of the Proposed City of San José Communities Facilities District No. 6 (Great Oaks-Route 85) Pursuant to the City of San José Community Facilities District Financing Procedure”, were adopted. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

AVIATION SERVICES

8.1 Approval of a report on bids and award of contract for the San José International Airport - New Airfield Lighting Regulator Vault Project to the low bidder, Vellutini Corporation dba Royal Electric Company, in the amount of $1,878,200, and approval of a contingency amount of $190,000. CEQA: Resolution No. 67380. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated February 21, 2001, recommending award of said contract, with said contingency, to the low bidder, Vellutini Corporation dba Royal Electric Company.

Discussion/Action: The award of said contract to the low bidder, Vellutini Corporation dba Royal Electric Company was approved, with said contingency. Vote: 8-0-3-0. Absent: Dando, LeZotte, Williams.

Adjournment

The Council of the City of San José adjourned at 2:22 p.m. to a Joint Session with the Redevelopment Agency.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK