MINUTES OF THE
CITY COUNCIL
SAN JOSÉ,
CALIFORNIA TUESDAY,
APRIL 10, 2001
The Council of the City
of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers at
City Hall.
Present: Council Members: Campos, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Chavez (excused).
Upon motion unanimously adopted, the City
Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with
Legal Counsel with respect to existing litigation pursuant to Government Code
Section 54956.9 Subsection (a) to consider the case of Hott dba Ray’s Towing v.
City of San José, et al.; (B) to confer with Legal Counsel regarding
anticipated litigation and the initiation of litigation in one matter pursuant
to subsection (c) of Section 54956.9 of the Government Code; and (C) to
confer with Labor Negotiator pursuant to Government Code Section 54957.6
involving City Negotiator, City Manager designee Alex Gurza , and the Municipal
Employees Federation Employee Organization, the International Association of
Firefighters Employee Organization, and the Operating Engineers, Local 3,
Employee Organization.
By unanimous consent, Council reconvened from Closed Session and recessed at 12:15 p.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Sr. Pastor Oscar Dace, Bible Way Christian Center, delivered the invocation. (District 4)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL
ITEMS
1.1 Presentation
of a commendation and Outstanding Employee Recognition Award to Fire Engineer
Allison Cabral. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were City Manager Del D. Borgsdorf, Fire Chief Manuel P. Alarcon, and honoree Fire Engineer Cabral and her husband. Mayor Gonzales presented the commendation to Allison and expressed the City Council’s appreciation for the employee’s valuable service to the City of San José.
1.2 Presentation
of a commendation to the Department of Planning, Building and Code
Enforcement’s Building Division for receiving the “Building Department of the
Year” award from the California Building Officials. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were City Manager Del D. Borgsdorf, Director of Planning, Building and Code Enforcement, James R. Derryberry, who accepted the commendation, and five members of the Building Division – Amal Sinha, Chief Building Official; Scott Troyer, Permit Center Manager; Larry Wang, Chief Plan Check Engineer; Bob Stevens, Acting Chief Building Inspector; and Phil Ribbs, Chief Inspector – who were congratulated for their exceptional achievements.
1.3 Presentation
of a proclamation proclaiming April 8th through the 14th, 2001, as National
Public Safety Dispatchers' Week.
(Reed/Mayor)
(Rules Committee referral 4/4/01)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales and Council Member Reed at the Podium were Chief of Police William M. Lansdowne, and Fire Chief Manuel P. Alarcon who accepted the proclamation in recognition of the work done by the Dispatchers and their vital contributions to the well being of the people of the City of San José.
1.4 Presentation
of commendation to recognize the Falcon Boys' Basketball Team of Andrew Hill
High School for winning its first Central Coast Section Championship in school
history. (Shirakawa, Jr.)
(Orders of the Day)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Vice Mayor Shirakawa, Jr. introduced Coach Dennis J. Fernandez, Sr., who successfully guided the Falcon Boys’ Varsity Basketball Team to its first Central Coast Section Championship in school history, and presented individual proclamations to Basketball Team Members Ibsaa Gelmo, Raman Gurai, Tyler Rucker, Binh Tran, Reggie Smith, Derek Alcantara, Jamall Kimble, Nguyen Nguyen, Taj Stone, and Jayson Obazuaye, in recognition of the Team’s scholastic and athletic achievements. Family and friends of the team were asked to stand and be recognized.
Vice Mayor Shirakawa, Jr. left Chambers at this point in the meeting.
CONSENT CALENDAR
Upon motion by Council Member Williams, seconded by
Council Member Chavez and unanimously carried, the Consent Calendar was
approved and the below listed actions were taken as indicated. Vote: 10-0-1-0.
Absent: Shirakawa, Jr.
2.1 (a) Final adoption of Ordinance No. 26336 –
Amends Sections 2.04.1620, 2.04.3620, 2.04.4220 and Part 44 of Chapter 2.04 of
Title 2 of the San José Municipal Code to reflect the reorganization of City
services within City departments.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26336 executed
on April 3, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26336 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
(b) Final adoption of Ordinance No. 26338 –
Levies special taxes within City of San José Community Facilities District No.
6 (Great Oaks – Route 85).
Documents Filed: None.
Discussion/Action: This item was dropped, as Ordinance No. 26338 was adopted on March 27, 2001.
2.2 Approval
of award of open purchase orders for supplies, materials, equipment, and
services for FY 2000-2001 #37, 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 March 21, 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. 37 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.3 Adoption of a resolution:
(a) Authorizing
the sale of 367 North 14th Street to Ms. Gladys Chung and Mr.
Winston Chung for $335,000; and
(b) Approving
a City equity loan in the amount of $50,000 to Gladys Chung and Winston Chung;
and
(c) Authorizing
the Director of Housing to execute all required documents to complete the sale
of the property and the loan to the Chungs.
Council District: 3.
(Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated March 21, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70260, entitled: “A Resolution of the Council of the City of San José 1) Authorizing the Sale of 367 North 14th Street to Gladys and Winston Chung for $335,000; 2) Approving an Equity Loan in the Amount of $50,000 to the Chungs; and 3) Authorizing the Director of Housing to Execute All Documents to Complete the Sale of the Property to the Chungs”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.4 Adoption
of a resolution authorizing the City Manager to negotiate and execute an
agreement with the South Bay MOA, Inc. to perform officiating services in the
City’s Community Sports Program, for the period March 1, 2001 to December 31,
2001, in an amount not to exceed $95,000.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 21, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70261, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With the South Bay MOA, Inc., to Perform Officiating Services in the Community Sports Program, for the Period March 1, 2001 to December 31, 2001 in an Amount Not to Exceed $95,000”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.5 Approval
of the second amendment to the master agreement with Amphion Environmental,
Inc. for consultant services for various Park and Recreation projects,
extending the term of the agreement from April 27, 2001 to October 27, 2001, at
no additional cost to the City. (Public
Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated March 21, 2001, recommending Council
approve the second amendment to said agreement.
Discussion/Action: The second amendment to the master consultant services agreement with Amphion Environmental, Inc., was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.6 Approval of a five-year lease
agreement with La Familia, L.P., for 600 square feet of office space on the
second floor of a building located at 777 North First Street for the City’s
Hearing Appeal Examination Program, at a rental rate of $2,400 per month for
the first year of the lease with annual increases to $2,807.66 per month for
the final year of the lease term.
(Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated March 21, 2001, recommending Council
approve said lease agreement.
Discussion/Action: The five-year lease agreement with La Familia,
L.P. was approved and execution of the agreement authorized. Vote: 10-0-1-0.
Absent: Shirakawa, Jr.
2.7 Adoption
of a resolution increasing the contingency for the Median Island Landscape
Improvements Phase 2 Project with Terra-Cal Construction, Inc. for additional
construction work resulting from unforeseen site conditions by $103,000, from
$61,000 to $164,000, and authorizing the Director of Public Works to execute
contract change orders within the approved contingency of $164,000. CEQA:
Exempt. Council Districts 2, 6,
8, and 10. (Public Works)
(Rules Committee referral 4/4/01)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated April 3, 20091, noting the reason for
addendum and recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70262, entitled: “A Resolution of the Council of the City of San José Increasing the Contingency From $61,000 to $164,000 for the Median Island Landscape Improvements Phase 2 Project and Authorizing the Director of Public Works to Execute Contract Change Orders Within the Approved Contingency of $164,000”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.8 Approval
of an agreement with Moore Iacofano Goltsman, Inc. for consultant services for
the Parma Park Youth and Tot Lot Renovation Project, from the date of execution
of the agreement to June 30, 2002, in the amount of $104,670, and additional
services in the amount of $8,000, for a total agreement amount of
$112,670. Council District 10. (Public Works)
(Rules Committee referral 4/4/01)
Documents
Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April
3, 2001, noting the reason for addendum and recommending Council approve said
consultant services agreement.
Discussion/Action: The consultant services agreement with Moore Iacofano Goltsman, Inc. was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.9 Approval
of an agreement with the beals group, inc. for consultant services for the
Vista Park Renovation Project, from the date of execution of the agreement to
May 31, 2002, in the amount of $98,530, and additional services in the amount
of $6,000, for a total agreement amount of $104,530. Council District 10.
(Public Works)
(Rules Committee referral 4/4/01)
Documents
Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April
3, 2001 noting the reason for addendum and recommending Council approve said
consultant services agreement.
Discussion/Action: The consultant services agreement with the beals group, inc., was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.10 Adoption
of a resolution authorizing the City Manager to negotiate and execute a service
agreement with Pacific Gas and Electric Company (PG&E) for the
Tuers-Capitol Golf Course Project, in an amount not to exceed $296,000. Council
District 7. (Public Works)
(Rules Committee referral 4/4/01)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated April 4, 2001, noting the reason for
addendum and recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70263, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Service Agreement With Pacific Gas & Electric Company for the Tuers-Capitol Golf Course Project in an Amount Not to Exceed $296,000”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.11 Adoption
of a resolution authorizing the City Manager to negotiate and execute an
agreement with Ikon Office Solutions, Inc. for legal photocopy services, in an
amount not to exceed $65,000. (City
Attorney’s Office)
(Rules Committee referral 4/4/01)
Documents Filed: None.
Discussion/Action: This item was dropped.
2.12 Approval
of an agreement regarding the Hayes Estate lease by and among the City, Hayes
Renaissance, L.P., and Imperial Bank related to Imperial Bank’s loan of
$3,000,000 to Hayes Renaissance, L.P.
(City Manager's Office)
(Rules Committee referral 4/4/01)
Documents Filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated April 6, 2001, noting the reason for addendum and recommending Council approve said agreement.
Discussion/Action: William J. Garbett spoke against the proposed action. The lease agreement by and among the City of San José, Hayes Renaissance, L.P., and Imperial Bank was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.13 Approval
of travel for City Attorney, Richard Doyle, to attend the International
Municipal Lawyers Association Annual Meeting in Washington, D.C., for the
period of April 28, 2001 through May 1, 2001.
(City Attorney’s Office)
(Rules Committee referral 4/4/01)
Documents Filed: None.
Discussion/Action: The travel for the City Attorney to attend the International Municipal Lawyers Association Annual Meeting in Washington, D.C. was approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
Vice Mayor Shirakawa, Jr. returned to Chambers at this point in the meeting.
STRATEGIC
SUPPORT SERVICES
3.2 Report of the Rules Committee – March 28,
2001
Documents Filed: Rules Committee report of March 28, 2001.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
The Redevelopment Agency items forwarded to Redevelopment Agency Board for consideration.
(b) City Council
(1) Review April 10, 2001 Draft Agenda
The Committee approved the April 10, 2001 City Council Agenda.
(2) Add New Items to April 3, 2001 Amended Agenda
The Committee recommended five additions to the April 3, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
(d) Ad Hoc Traffic Calming Advisory Committee
None Presented.
(d) Meeting Schedules
None Presented.
(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated March 22, 2001, listing the items transmitted to the Administration for the Public Record for the period March 14-20, 2001.
The Committee noted and filed the Public Record for the period March 14-20, 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 2:20 p.m.
Discussion/Action: Upon motion Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Rules Committee Report and actions of March 28, 2001 were accepted. Vote: 11-0-0-0.
3.3 Report of the Finance and Infrastructure
Committee – March 28, 2001
Documents Filed: Finance and Infrastructure Committee report of March 28, 2001.
(1) Business Plan and Investment Strategy Review for Council Appointees. Attachments: (1) Memorandum from Mayor Gonzales, dated March 21, 2001, outlining proposals for budget augmentations and reductions for the Fiscal Year 2001-2002 Budget made by Council Appointees. (2) Business Plans for the Offices of the City Attorney, the City Auditor, the City Clerk, the City Manager, and the Independent Police Auditor, for Fiscal Year 2001-2006
(a) City Attorney
(1) Annual Report
(b) City Auditor
(c) City Clerk
(d) City Manager
(e) Independent Police Auditor
The Committee accepted the Mayor’s recommendations for Council Appointee Budgets with the request that the augmentation of overtime hours in the Independent Police Auditor’s Office be changed from a one-time request to an ongoing request.
(2) Oral petitions
Bill Chew spoke on the use of Public Access television stations.
(3) Adjournment
The meeting was adjourned at 3:45 p.m.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortesé and unanimously carried, the Finance and Infrastructure Committee Report and actions of March 28, 2001 were accepted. Vote: 11-0-0-0.
ECONOMIC
& NEIGHBORHOOD DEVELOPMENT
4.2 Public
Hearing and taking the following actions relating to annexing Area 4 to
Community Facilities District No. 2 (Aborn - Murillo).
(a) Adoption of a resolution submitting the levy of a
special tax to the property owners within Annexation Area 4 and calling for a
special election for property owners within Annexation Area 4.
(b) Adoption of a resolution declaring the results of
the special election, and contingent upon two-thirds qualified voter approval,
determining that Area 4 is annexed to Community Facilities District No. 2,
directing the recording of a notice of special tax lien.
(c) Adoption of an ordinance levying special taxes
within Annexation Area 4 to Community Facilities District No. 2.
Council District 8. (Public Works)
Documents Filed: (1) Memorandum from Acting Director of Public Works Rajeev Batra, dated April 3, 2001, recommending Council take specified actions relating to Annexation of Area 4 to Community Facilities District No. 2. (2) Official Ballot Results, tabulated by the Office of the City Clerk, for the annexation to Community Facilities District No. 2, dated April 10, 2001, attaching the Ballot Tally Worksheet, Canvass and Statement of Result of Election, Official Ballot for the Special Tax Election, Property Owners Waivers of Various Requirements and Consent to Shorten Time Periods for Conducting Mailed-Ballot Election, and Certification of Number of Registered Voters, executed on January 22, 2001, all submitted by the City Clerk. (3) Notice of Public Hearing on the Annexation of Area 4 to Community Facilities District No. 2 (Aborn-Murillo), March 21, 2001, and Proof of Publication executed on March 30, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the annexation of Area 4 to Community Facilities District No. 2. There was no discussion from the Floor; therefore the public hearing was closed and City Clerk, Patricia L. O’Hearn, read the results of the election: 100% of qualified landowner votes returned, and 100% voted in favor of the District, which meets the two-thirds voter approval requirements. Upon motion by Council Member Cortesé seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70264, entitled: “A Resolution of the Council of the City of San José Submitting the Levy of a Special Tax to Property Owners in Annexation Area No. 4 of Community Facilities District No. 2 (Aborn-Murillo), and Calling For a Special Mailed Ballot Election for Property Owners”, Resolution No. 70265, entitled: “A Resolution of the Council of the City of San José Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien”; and Ordinance No. 26344, entitled: “An Ordinance of the City of San José Levying Special Taxes Within Annexation Area 4 to Community Facilities District No. 2 (Aborn-Murillo)”, were adopted. Vote: 11-0-0-0.
4.3 Adoption of a resolution approving
an acquisition and predevelopment loan of up to $2,700,000 to ROEM Development
Corporation, or its designated partnership, to acquire a 2.02 acre site located
at the northerly terminus of East Court and West Court, north of East Julian
Street for a future affordable housing project. CEQA: ND. Council District 3.
(Housing)
(Rules Committee referral 4/4/01)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated April 4, 2001, noting the reason for addendum and recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70266, entitled: “A Resolution of the Council of the City of San José (i) Approving Up to $2,700,000 For an Acquisition and Predevelopment Loan to ROEM Development Corporation, Or Its Assignee, for the Development of a Future Affordable Housing Project, (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loan on Behalf of the City, and (iii) Finding That the Use of 20% Housing Funds for the Subject Project is a Benefit to the Redevelopment Project Areas in San José”, was adopted. Vote: 11-0-0-0.
4.4 Adoption of an urgency ordinance
that amends the definition of a pet shop to include a description of the place
where animals may be offered for free, sale, exchange, or barter. (Planning,
Building and Code Enforcement)
(Rules Committee referral 4/4/01)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 5, 2001, recommending Council adopt the urgency ordinance.
Discussion/Action: Deputy Director of Code Enforcement, Steve Emslie, presented background information on the proposed action which if approved would protect animals from potential abuse and ban sales of animals in outdoor locations. He identified several on-going conditions that have led City Staff to the conclusion and the recommendation for the interim urgency ordinance. He stated the urgency ordinance would require animal vendors to comply with the amended regulations and would define requirements and include standards for permanent pet shops. He stated the ordinance would remain in place for 45 days, during which time a public hearing would be conducted, after which, the City Council could enact the interim ordinance on a permanent basis or amend as necessary. The following individuals spoke in favor of the ordinance: Brian Bumb, owner and general manager of the Berryessa Flea Market; Kathleen Flynn; and Alfredo Kuba, South Bay In Defense of Animals. William J. Garbett spoke against the proposed action. Given his concerns with some of the definitions contained in the urgency ordinance, Council Member Reed asked Staff to provide Council with the entire ordinance, upon enactment of the interim ordinance as a permanent document. Vice Mayor Shirakawa, Jr. recommended Staff send the City’s ordinance to other cities through affiliated League of Cities organizations. Upon motion by Council Member Williams, seconded by Council Member Chavez and unanimously carried, Ordinance No. 26345, entitled: “An Urgency Ordinance of the City of San José Amending Chapter 7.08 of Title 7 of the San José Municipal Code by Amending the Definition of ‘Pet Shop’ in Section 7.08.140, Creating a Definition of ‘Building’ for the Purposes of Title 7; Amending the Conditions Relating to Animal Facilities in Section 7.08.730; and Setting Forth the Facts Constituting Such Urgency”, was adopted with the City Attorney directed to provide Council with a copy of the entire ordinance for review, and to make available to other jurisdictions San José’s ordinance via League of Cities organizations. Vote: 11-0-0-0.
5.2 (a) Designate the Library Commission and
Parks and Recreation Commission as the public oversight committees for Measures
O and P.
(b) Direct City Staff to return with a plan
of implementation for Council approval.
(Mayor)
(Rules
Committee referral 4/4/01)
Documents Filed: Memorandum from Mayor Gonzales, dated April 10, 2001, recommending Council approve appointments to the Oversight Committees.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, Council approved the recommendation to designate the Library Commission as the Public Oversight Committee for Measure O, and the Parks and Recreation Commission as the Public Oversight Committee for Measure P, with direction that staff for each commission develop an implementation plan to assist the commissions to fulfill their responsibilities as bond oversight committees, and return to Council with the plan of implementation for Council review and approval. Vote: 11-0-0-0.
ENVIRONMENTAL
& UTILITY SERVICES
7.1 Adoption of a resolution approving the Interim Water
Supply Allocation Plan pursuant to Section 7.03(a) of
the Master Contract with San Francisco.
Council District 4.
(Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 21, 2001, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, Resolution No. 70267, entitled: “A Resolution of the Council of the City of San José Approving Interim Water Shortage Allocation Plan in Those Areas of North San José and Alviso Serviced by the San José Municipal Water System Pursuant to Section 7.03(a) of the Master Contract With San Francisco”, was adopted. Vote: 11-0-0-0.
7.2 Report
on bids and award of contract for the Old Oakland Road Storm Drain Pump Station
Project to the low bidder, Anderson Pacific Inc. in the amount of $1,698,300,
and approval of a contingency in the amount of $170,000. CEQA:
Exempt. Council District 4. (Public Works)
Documents
Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated March
21, 2001, recommending Council accept the bid report and award said contract to
the low bidder, Anderson Pacific Inc., and approve said contingency.
Discussion/Action: Upon motion by Council Member Reed, seconded
by Vice Mayor Shirakawa, Jr. and unanimously carried, the report on bids was
accepted and award of contract to Anderson Pacific Inc., the low bidder, and
the contingency, were approved and execution of the contract authorized. Vote: 11-0-0-0.
7.3 (a) Approval
of an ordinance:
(1) Amending Chapter 11.52 of Title 11 of
the San José Municipal Code to modify the regulations applicable to regular
freight loading zones and Special Loading/Unloading Permits, and to authorize
the establishment of Special Freight Loading Zones to accommodate unique
loading needs;
(2) Establishing a new Chapter 11.51 of
Title 11 of the San José Municipal Code to set forth the regulations applicable
to curb markings; and
(3) Establishing a new Chapter 11.54 of
Title 11 of the San José Municipal Code to set forth the regulations applicable
to Passenger Loading Zones, Bus Zones, and Taxicab Zones with no modification
of such regulations.
(b) Adoption
of a resolution amending Resolution No. 69650, the 2000-2001 Schedule of Fees,
to set forth a fee of $17 for issuing a permit to park in a Special Freight
Loading Zone and Special Loading/Unloading Permits.
(Department of Transportation)
(Rules Committee referral 4/4/01)
Documents Filed: None.
Discussion/Action: This item was deferred to April 17, 2001.
JOINT
COUNCIL/REDEVELOPMENT AGENCY
The
Redevelopment Agency Board convened at 2:35 p.m. to consider Item 10.1 in a
joint session.
10.1 Adoption
of resolutions by the City Council and Redevelopment Agency Board approving the
transfer of the Redevelopment Agency-owned property located at 937-943 Locust
Street to the City of San José for the future development of affordable housing
to be administered through the Housing Department. CEQA: Exempt. Council
District 3. (City Manager’s Office/Redevelopment Agency)
(Deferred from 3/20/01 – Item 10.3)
Documents Filed: (1) Memorandum from Director of Housing, Alex Sanchez, dated April 5, 2001, recommending Council adopt said resolution. (2) Memorandum from City Manager Del D. Borgsdorf, and Executive Director Susan F. Shick, dated March 20, 2001, noting the reason for addendum and recommending the City Council and Redevelopment Agency Board adopt said resolutions.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, Resolution No. 70268, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept the Transfer of Real Property From the Redevelopment Agency of the City of San José for an Affordable Housing Project and Authorizing the City Manager Or His Designee to Execute Any Other Documents Required to Accept the Transfer”, and the Redevelopment Agency Board Resolution No. 5140, were adopted. Vote: 11-0-0-0.
The
Redevelopment Agency Board adjourned at 2:35 p.m.
Disclosure of Closed Session Action of April
10, 2001 submitted by City Attorney, J. Richard Doyle:
A. Authority to Initiate Litigation:
1. Case Name, Action, Defendants and Substance of Litigation to be Disclosed to Any Person Upon Inquiry Once Actions Formerly Commenced.
Council
Vote: Ayes: Campos, Cortesé, Dando, Diquisto, LeZotte,
Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Noes: None.
Absent: Chavez
Disqualified: None.
OPEN FORUM
Ross Signorino spoke on potential hazardous
conditions to which Arena employees are exposed.
The Council of the City of San José adjourned at 2:55 p.m. in memory of Carlos C. Ogden, an American Hero, a World War II Veteran, and recipient of the Medal of Honor, who worked as a counselor for the VA Hospital, participated in the PTA, Cub Scouts and Boy Scouts and a variety of youth sports leagues.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK