MINUTES OF THE
CITY COUNCIL
SAN JOSÉ,
CALIFORNIA TUESDAY,
APRIL 3, 2001
The
Council of the City of San Jose convened in Regular Session at 9:30 a. m. in
Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to Closed
Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding
anticipated litigation of a matter where there is significant exposure to
litigation pursuant to subsection (b) of Section 54956.9 of the Government
Code; and (B) to confer with Labor Negotiator pursuant to Government Code
Section 54957.6 involving City Negotiator City Manager designee Alex Gurza and
the Operating Engineers Local 3 Employee Organization.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
INVOCATION
Associate Pastor Dave Sefton, Jubilee 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 Dando and unanimously carried, the Orders of the Day, continuing Item 11.7 to April 17, 2001, and the Amended Agenda were approved. Vote: 11-0-0-0.
Mayor Gonzales and the City Council joined Council Member Williams in welcoming Mrs. Lanier and her 3rd Grade Class from St. Stephens School, who attended the Council meeting accompanied by parents, teachers and school administrators. The guests were asked to stand to be recognized.
1.1 Presentation of a commendation to James
T. Harper in honor of his retirement.
(Mayor)
(Rules Committee referral 3/28/01)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Dando and honoree James Harper who was presented the commendation in recognition of his contributions to the City of San José.
1.2 Presentation of a proclamation to
announce the City of San José Energy Fair, April 8, 2001. (Mayor)
(Orders of the Day)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Director of Environmental Services Carl W. Mosher, and Environmental Program Manager Mary Tucker who invited the public to attend the City of San José Energy Fair at ComPaq Center – Concourse Area (Formerly San José Arena), on Sunday, April 8, 2001, 10:00 a.m. to 5:00 p.m., where more than 20 vendors are scheduled to showcase their energy saving products and share ideas on using solar energy and financing strategies for retrofitting residential structures.
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 actions were taken as indicated. Vote: 11-0-0-0.
2.1 (a) Approval of minutes for Regular meeting
of December 12, 2000
Documents Filed: Minutes of the regular meeting of December 12, 2000.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
(b) Approval
of minutes for the Joint City Council/Redevelopment Agency Board meeting of
December 12, 2000.
Documents Filed: Minutes of the joint Council/Board meeting of December 12, 2000.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
(c) Approval
of minutes for the Regular meeting of December 19, 2000
Documents Filed: Minutes of the regular meeting of December 19, 2000.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
(d) Approval of minutes for the Joint City
Council/San Jose Financing Authority meeting of December 19, 2000
Documents Filed: Minutes of the joint Council/Authority meeting of December 19, 2000.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
(e) Approval of minutes for the Joint City
Council/Redevelopment Agency Board meeting of December 19, 2000
Documents Filed: Minutes of the joint Council/Board meeting of December 19, 2000.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.
2.2 (a) Final adoption of Ordinance No. 26325 –
Amends Chapter 20.90 of Title 20 of the San José Municipal Code by adding a new
Part 8 to establish the Alum Rock Village Parking Management Zone.
Documents Filed: Proof of publication of the title of Ordinance No. 26325 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26325 was adopted. Vote: 11-0-0-0.
(b) Final adoption of Ordinance No. 26327 –
Rezones certain real property situated at the southeast corner of Hedding
Street and Park Avenue.
PDC 00-10-107
Documents Filed: Proof of publication of the title of Ordinance No. 26327 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26327 was adopted. Vote: 11-0-0-0.
(c) Final adoption of Ordinance No. 26328 -
Rezones certain real property situated on the south side of Berryessa Road
between 16th and 17th Streets. PDC 00-09-092
Documents Filed: Proof of publication of the title of Ordinance No. 26328 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26328 was adopted. Vote: 11-0-0-0.
(d) Final
adoption of Ordinance No. 26329 - Rezones certain real property situated on the
northwest corner of West Alma Avenue and Sherman Street. PDC 00-12-122
Documents Filed: Proof of publication of the title of Ordinance No. 26329 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26329 was adopted. Vote: 11-0-0-0.
(e) Final adoption of Ordinance No. 26330 -
Rezones certain real property situated approximately 600 feet southerly of
Umbarger Road between Monterey Road and Aiello Drive.
PDC
00-06-051
Documents Filed: Proof of publication of the title of Ordinance No. 26330 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26330 was adopted. Vote: 11-0-0-0.
(f) Final adoption of Ordinance No. 26331 -
Rezones certain real property situated on the northerly side of Piercy Road,
approximately 350 feet easterly of the intersection of Silver Creek Valley Road
and Hellyer Avenue.
PDC 00-08-077
Documents Filed: Proof of publication of the title of Ordinance No. 26331 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26331 was adopted. Vote: 11-0-0-0.
(g) Final adoption of Ordinance No. 26332 -
Rezones certain real property situated on the west side of Winchester Boulevard
approximately 150 feet northerly of Neal Avenue.
PDC 00-12-123
Documents Filed: Proof of publication of the title of Ordinance No. 26332 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26332 was adopted. Vote: 11-0-0-0.
(h) Final adoption of Ordinance No. 26333 -
Rezones certain real property situated at the southeast corner of East Hedding
and North 8th Streets.
PDC 00-10-101
Documents Filed: Proof of publication of the title of Ordinance No. 26333 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26333 was adopted. Vote: 11-0-0-0.
(i) Final adoption of Ordinance No. 26334 -
Prezones certain real property situated in the public right-of-way located on
the north side of Curtner Avenue, approximately 540 feet easterly of Salerno
Drive, to the intersection of Curtner Avenue and Salerno Drive.
CC 1-02-018
Documents Filed: Proof of publication of the title of Ordinance No. 26334 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26334 was adopted. Vote: 11-0-0-0.
2.3 (a) Adoption of a resolution accepting a
grant award from the State’s “California Law Enforcement Equipment Program.”
(b) Adoption of an appropriation ordinance
and funding sources resolution amendments to establish an appropriation in the
amount of $419,268 to the Police Department.
(City Manager’s Office/Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated March 14, 2001, recommending Council adopt said resolution and appropriation ordinance and funding sources resolution amendments.
Discussion/Action: Resolution No. 70242, entitled: “A Resolution of the Council of the City of San José Accepting a Grant From the California Law Enforcement Equipment Program for the Purchase of High Technology Equipment for the Police Department in an Amount Not to Exceed $419,268”; Ordinance No. 26339, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $419,268 for the California Law Enforcement Equipment Program (CLEEP); and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70243, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted. Vote: 11-0-0-0.
2.4 Authorization
for the City Manager to travel to attend the ICMA Best Practices 2001
Conference in Newport, Rhode Island from April 25 through April 29, 2001. (City
Manager’s Office)
Documents Filed: Memorandum from City Manager, Del D. Borgsdorf, dated March 21, 2001, recommending Council approve said travel request.
Discussion/Action: The City Manager’s request to travel was approved. Vote: 11-0-0-0.
2.5 Approval
of an agreement with Lewis deSoto to design a work of art for the Animal
Shelter in an amount not to exceed $27,300.
Council District 7.
(Conventions, Arts and Entertainment)
Documents Filed: Director of Conventions, Arts and Entertainment, Nancy Johnson, dated March 15, 2001, recommending Council adopt a resolution authorizing the City Manager to negotiate and execute an agreement with said artist.
Discussion/Action: The agreement with Lewis deSoto was approved and execution of the agreement authorized. Vote: 11-0-0-0.
2.6 Adoption of a resolution
authorizing the City Manager to submit a grant application to the California
Energy Commission-Renewable Energy Consumer Education Program in the amount of
$125,650, to conduct a program that provides renewable energy educational
materials and workshops for City Departments and their customers for the period
June 1, 2001 through June 30, 2002, to accept the grant if awarded, and to
execute all related documents.
(Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 14, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70244, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit a Grant Application to the California Energy Commission’s Renewable Energy Consumer Education Program, in an Amount Not to Exceed $125,650 for the Period June 1, 2001 Through June 30, 2002 to Accept the Grant if Awarded and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
2.7 Approval
of award of open purchase orders for supplies, materials, equipment, and
services for FY 2000-2001 #36, 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 14, 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. 36 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
2.8 Reject
all bids for the purchase of a portable X-ray system for the Police
Department’s Bomb Unit.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated March 14, 2001, recommending Council reject all bids for the purchase of said system.
Discussion/Action: The recommendation to reject all bids for the purchase of the X-ray system was approved and no new bid solicitation issued. Vote: 11-0-0-0.
2.9 Adoption
of a resolution authorizing the City Manager to execute three contracts with
the Commission on Peace Officer Standards and Training related to components of
the previously approved POST-reimbursed training program for peace officers in
Santa Clara County, for a contract term from July 1, 2000 to June 30, 2001, in
an amount of $280,168. (Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated March 14, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70245, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute Three Agreements With the California Commission on Peace Officer Standards and Training Relating to the Training of Peace Officers in Santa Clara County That is Reimbursable by P.O.S.T. in a Total Amount Not to Exceed $280,168 For the Period of July 1, 2000 to June 30, 2001”, was adopted. Vote: 11-0-0-0.
2.10 Adoption
of a resolution of intention to conditionally vacate a portion of Fontanoso
Avenue immediately east of Hellyer Avenue; to reserve a public service easement
(PSE); and setting a public hearing on May 1, 2001 at 1:30 p.m. CEQA:
Resolution No. 70021. Council
District 2. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated March 14, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70246, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Conditionally Vacate a Portion of Fontanoso Avenue Immediately East of Hellyer Avenue, and Reserving a Public Service Easement”, was adopted. Vote: 11-0-0-0.
2.11 Approval
of a continuation agreement for consultant services with Denise Duffy &
Associates, Inc. for the preparation of environmental impact reporting services
for the Tuers-Capitol Golf Course Project, extending the term through June 30,
2003, with no change to the total agreement amount of $287,177. Council District 7. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated March 14, 2001, recommending Council approve said agreement.
Discussion/Action: The continuation agreement for consultant services with Denise Duffy & Associates, Inc., was approved and execution of the agreement authorized. Vote: 11-0-0-0.
2.12 Approval
of an agreement with Dillon Design Associates for consultant services for the
O’Connor (Midtown) Park Project, from the date of execution of the agreement to
February 28, 2003, in the amount of $66,000, and additional services in the
amount of $6,000, for a total agreement amount of $72,000. CEQA:
Negative Declaration. Council District 6. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated March 14, 2001, recommending Council approve said agreement.
Discussion/Action: The consultant services agreement with Dillon Design Associates was approved and execution of the agreement authorized. Vote: 11-0-0-0.
2.13 Approval
of a five-year lease agreement with Wen Y. Huang for 12,600 square feet of
office space on the ground floor of a building located at 1671 The Alameda for
the Police Department’s Community Service Division at a rental rate of $51,660
per month for the first year of the lease with annual increases to $63,000 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 14, 2001, recommending Council approve said agreement.
Discussion/Action: The five-year lease agreement with Wen Y. Huang was approved and execution of the agreement authorized. Vote: 11-0-0-0.
2.14 Final
adoption of Ordinance No. 26326 – Amends Section 20.40.100 of Chapter 20.40 of
Title 20 of the San José Municipal Code to amend Table 20.90 to add additional
use regulations on a portion of the properties within the Downtown Core
regarding ground floor street frontage space and to add Section 20.200.295 to
Chapter 20.200 to further clarify the additional ground floor use regulations.
Documents Filed: Proof of publication of the title of Ordinance No. 26326 executed on March 27, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26326 was adopted. Vote: 11-0-0-0.
2.15 Approval
of a request from Design Space Modular Buildings, Inc. to substitute VHT
Plumbing in place of Northstar Plumbing, as subcontractor to perform the
plumbing work for the Police Athletic League Modular Building Project at no
cost to the City. CEQA: Exempt.
Council District 5. (Public
Works)
(Rules Committee referral 3/28/01)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated March 27, 2001, noting the reason for
addendum and recommending approval of the request to substitute subcontractors.
Discussion/Action: The request to replace VHT Plumbing with Northstar Plumbing, as subcontractor to perform the plumbing work for the Police Athletic League Modular Building Project was approved. Vote: 11-0-0-0.
2.16 Approval
of an agreement with the beals group, inc. for consultant services for the
Cahalan and Playa del Rey Parks Renovation and Houge Park Renovation Projects,
from the date of execution of the agreement to May 31, 2002, in the amount of
$172,130, and additional services in the amount of $20,000, for a total
agreement amount of $192,130. Council Districts 9 and 10. (Public Works)
(Rules Committee referral 3/28/01)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated March 20, 2001, noting the reason for addendum and recommending approval of said agreement with the beals group, inc.
Discussion/Action: The consultant services agreement with the beals group, inc. was approved and execution of the agreement authorized. Vote: 11-0-0-0.
2.17 TRACT
NO. 9285 – Southwest corner of Sierra Road and Piedmont Road – Summerhill
Piedmont LLC, A California Limited Liability Company, Owner by: Summerhill
Homes LLC, A California Limited Liability Company, its manager (Developer) – 25
single family detached residential units.
Approval of a parkland agreement and adoption of resolutions approving
the plans, final map, and contract for Tract No. 9285. CEQA:
ND. Council District 4. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated March 27, 2001, recommending Council approve the parkland agreement and adopt said resolutions.
Discussion/Action: The parkland agreement with Summerhill Piedmont LLC, was approved and execution of the agreement authorized; and Resolution No. 70247, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans For Tract No. 9285”; Resolution No. 70248, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9285”; and Resolution No. 70249, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9285”, were approved. Vote: 11-0-0-0.
2.18 Approval
of the designation of the Project Diversity Screening Committee chair. (Mayor)
(Rules Committee referral 3/28/01)
Documents Filed: Memorandum from Mayor Gonzales, dated April 2, 2001, recommending Council designate Lupe Zuniga as Chair of the Project Diversity Screening Committee.
Discussion/Action: The appointment of Lupe Zuniga to serve as Chair of the Project Diversity Steering Committee was approved. Vote: 11-0-0-0.
2.19 Approval
of an ordinance adding a new Chapter 1.19 of Title 1 of the San José Municipal
Code to include general provisions related to bonds and amending and restating
Chapter 4.38 of Title 4 relating to the powers and procedures for the issuance
of Airport Revenue Bonds. CEQA: Exempt.
(City Attorney’s Office)
(Rules Committee referral 3/28/01)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated March 29, 2001, recommending Council adopt said ordinance.
Discussion/Action: Ordinance No. 26340, entitled: “An Ordinance of the City of San José Adding a New Chapter 1.19 to Title 1 of the San José Municipal Code to Include General Provisions Related to Bonds and Amending and Restating Chapter 4.38 Entitled ‘City of San José Airport Revenue Bond Law’ Relating to Powers and Procedures to Issue Revenue Bonds for the Purpose of Financing the City’s Airport”, was passed for publication. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
3.2 Report of the Rules Committee – March 21,
2001
Documents Filed: Rules Committee Report of March 21, 2001.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
The Committee forwarded all items to Redevelopment Agency Board.
(b) City Council
(1) Review April 3, 2001 Draft Agenda
The Committee approved the April 3, 2001 Amended Agenda.
(2) Add New Items to March 27, 2001 Amended Agenda
The Committee recommended four additions to the March 27, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
(d) Ad Hoc Traffic Calming Advisory Committee
None Presented.
(d) Meeting Schedules. Attachment: Memorandum from Assistant to the City Manager, Deanna J. Santana, dated March 20, 2001, recommending approval of the proposed date for a Strong Neighborhoods Initiative Study Session.
(1) Request to schedule a Strong Neighborhoods Initiative Study Session on April 26, 2001, from 8:00 – 12:00 p.m. in the Council Chambers.
The Committee recommended approval for a Strong Neighborhoods Initiative Study Session on April 26, 2001, 8:00 a.m. to 12:00 Noon in Council Chambers.
(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. Attachments: (1) Memorandum from City Manager, Del D. Borgsdorf, dated March 8, 2001, recommending acceptance of the status report on the 2001 Council Referral Schedule and direction to the Administration to revise Council Policy 0-12 to reflect the current Council Referral process. (2) Memorandum from City Manager, Del D. Borgsdorf, dated March 14, 2001, noting the reason for the supplemental memorandum and providing current information on the 2001 Council Referral Schedule.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee.
(1) Accept status report on the 2001 Council Referral Schedule and direct Administration to revise Council Policy 0-12 to reflect the current Council Referral process.
The Committee recommended acceptance of the status report on the 2001 Council Referral Schedule to include two changes:
· Council Referral No. 12-14-99-8(c-d) – Change due date to April 2001
· Council Referral No. 12-12-00-9i – Include a report on the length of time for City to process checks.
The Committee made the following suggestions to streamline/facilitate the Council Referral process, i.e., that (a) Council Member clearly state their referrals and follow-up with a written request; (b) the Administration commit to a date on which an Administrative Workload Assessment report will be returned to the Rules Committee; (c) due dates to Rules Committee be closely tracked; (d) requests for information, not referrals, be electronically mailed to the City Manager; (e) the Administration centralize duplicate tracking systems for referrals or requests for information; (f) the preparation of ordinances as part of a referral be tracked with the referral; (g) the Administration complete Workload Assessment on “high priority” items first and, if time allows, proceed to lower priority items; (h) the Rules Committee review referrals on a regular basis, e.g., quarterly or semi-annually; and (i) the revised draft Council Policy 0-12 be reviewed by Rules Committee prior to Council review.
(2) Request to refer a review of the City’s enforcement of Mitigation Monitoring Plans to the April 2, 2001 Economic Development and Environment Committee meeting for study and discussion. Attachment: Memorandum from Council Member Reed, dated March 8, 2001, recommending the Rules Committee add a review of the City’s enforcement of Mitigation Monitoring Plan to the April 2, 2001 Economic Development & Environment Committee Agenda for study and discussion by Committee.
The Committee recommended an oral review of the City of San José’s enforcement of Mitigation Monitoring Plan be added to the April 2, 2001 Economic Development & Environment Committee Agenda, followed by a written report at the May 7, 2001 Committee meeting.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee
(3) Direct the City Auditor to conduct a review of the repayment terms and conditions of the Redevelopment Agency’s development agreements. Attachment: Memorandum from City Auditor, Gerald A. Silva, dated March 7, 2001, recommending the Rules Committee direct the City Auditor to conduct a review of the repayment terms and conditions of the Redevelopment Agency’s development agreements.
The Committee recommended the City Auditor be directed to conduct a review of the repayment terms and conditions of the Redevelopment Agency’s development agreements.
(h) Administrative Reviews and Approval
None Presented.
(i) Oral communications
None Presented.
(j) Adjournment
The meeting was adjourned at 2:40 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 March 21, 2001 were accepted. Vote: 11-0-0-0.
4.3 Public
Hearing and adoption of a resolution designating the Montgomery Hotel as a
Historic Landmark (HL00-120).
(Historic Landmarks
Commission)
Documents Filed: (1) Memorandum from Historic Landmarks Commission Secretary James R. Derryberry, dated March 14, 2001, stating the Historic Landmarks Commission recommends the City Council adopt said resolution. (2) Notice of Public Hearings on the proposed designation of the Montgomery Hotel as an historic landmark in the City of San José, dated February 15, 2001, and Proofs of Publication in the San José Post – Record executed on February 23, 2001, and in the San José Mercury News dated February 25, 2001, both submitted by the City Clerk. (3) Affidavits of Routing and Mailing of Resolution No. 70250 designating The Montgomery Hotel as a City landmark, both dated April 11, 2001, and both submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the historic landmarks designation of the subject property. There was no discussion from the Floor. Upon motion by Council Member Williams, seconded by Council Member Chavez and unanimously carried, the public hearing was closed and Resolution No. 70250, entitled: “Resolution of the Council of the City of San José Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, The Montgomery Hotel as a Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, was adopted. Vote: 11-0-0-0.
4.5 (a) Close the public hearing on the proposed
formation of Community Facilities District No. 5 (North Coyote Valley).
(b) Adoption of a resolution directing the
recordation of Notice of Abandonment of the process for Community Facilities
District No. 5 (North Coyote Valley).
(c) Adoption of a Resolution of Intention to
establish Community Facilities District No. 5A (North Coyote Valley
Facilities), and set the public hearing on this matter for May 1, 2001 at
1:30 p.m.
(d) Adoption of a Resolution of Intention to
establish Community Facilities District No. 5B (North Coyote Valley Services),
and set the public hearing on this matter for May 1, 2001 at 1:30 p.m.
(e) Adoption of a resolution authorizing the
City Manager to negotiate and execute the second amendment to the agreement
with E. Wagner & Associates for financial consulting services, increasing
compensation by $5,000, from $70,000 to $75,000, and extending the term of the
agreement from June 30, 2001 to September 30, 2001.
(f) Adoption of a resolution authorizing the
City Manager to negotiate and execute the second amendment to the agreement
with Berryman & Henigar for tax consultant services, increasing
compensation by $40,000, from $84,500 to $124,500, and extending the term of
the agreement from June 30, 2001 to September 30, 2001.
(g) Adoption of a resolution authorizing the
City Attorney to negotiate and execute the second amendment to the agreement
with Jones Hall for special counsel services, increasing compensation by
$20,000, from $90,000 to $110,000, and extending the term of the agreement from
June 30, 2001 to September 30, 2001.
CEQA: Resolution No. 69957.
(Public Works)
(Continued from 11/7/00 – Item 10a et al., and 3/27/01 – Item 4.5)
Documents Filed: (1) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated April 3, 2001, noting the reason for supplemental memorandum concerning North Coyote Valley Community Facilities District (CFD) Nos. 5A and 5B. (2) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated March 27, 2001, noting the reason for replacement memorandum concerning North Coyote Valley Campus Industrial Area and recommending Council take appropriate action on the proposed formation of CFD No. 5. (3) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated February 26, 2001, noting the reason for replacement memorandum concerning North Coyote Valley Campus Industrial Area and the CFD boundaries and the Phase II Flood Detention Area, and recommending Council take appropriate action on the proposed formation of CFD Nos. 5A and 5B. (4) Memorandum from Acting Director of Public Works Rajeev Batra, dated October 18, 2000, recommending Council take actions related to the proposed formation of Community Facilities District No. 5. (5) Notice of Public Hearing regarding establishment of Community Facilities District No. 5 (North Coyote Valley), dated October 24, 2000, and Proof of Publication of the Notice of Public Hearing regarding the establishment of City of San José CFD No. 5, executed on October 27, 2000, submitted by the City Clerk.(6) Affidavit of Posting of the Notice of Public Hearing on the establishment of CFD No. 5, dated October 27, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales stated the public hearing on the North Coyote Valley Community Facilities District No. 5 was opened November 7, 2000, with no public testimony presented; after which, the Public Hearing was continued with direction to Staff to consider any changes and modifications to the documents. Consistent with a previous position on North Coyote Valley projects, Council Member Dando entered a disqualification from discussion and decision on the subject Community Facilities District, predicated on family investments. William J. Garbett spoke against the proposed action. Upon motion by Council Member Williams, seconded by Council Member Yeager and carried, City Staff recommendation to close the public hearing on the proposed formation of Community Facilities District No. 5 (North Coyote Valley), was approved; and Resolution No. 70251, entitled: “A Resolution of the Council of the City of San José Directing Recording of Notice of Abandonment – Community Facilities District No. 5 (North Coyote Valley)”; Resolution No. 70252, entitled: “A Resolution of the Council of the City of San José of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes – Community Facilities District No. 5A (North Coyote Valley Facilities)”; Resolution No. 70253, entitled: “A Resolution of the Council of the City of San José of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes – Community Facilities District No. 5B (North Coyote Valley Services)”; Resolution No. 70254, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Second Amendment to the Agreement With E. Wagner & Associates for Financial Consulting Services to Extend the Term Through September 30, 2001 and to Increase Compensation by $5,000 for a Total Amount Not to Exceed $75,000”; Resolution No. 70255, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Second Amendment to the Agreement With Berryman & Henigar for Tax Consultant Services to Extend the Term Through September 30, 2001 and to Increase Compensation by $40,000 for a Total Amount Not to Exceed $124,500”; and Resolution No. 70256, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Second Amendment to the Agreement With Jones Hall for Special Counsel Services to Extend the Term Through September 30, 2001 and to Increase Compensation by $20,000 for a Total Amount Not to Exceed $110,000”, were adopted. Vote: 10-0-0-1. Disqualified: Dando.
5.1 Report
of the Education, Neighborhoods, Youth, and Seniors Committee – March 19, 2001
Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee report of March 19, 2001.
(a) Youth Commission Monthly Report. Memorandum from San José Youth Commission Chairperson Jennifer Leung, dated March 7, 2001, submitting the monthly report on the Youth Commission activities for the month of February 2001.
The Committee accepted the Staff report with direction to bring a skateboarding report/timeline before Committee at the April 16, 2001 meeting.
(b) Quarterly Update City/SJSU Joint Library Project
The Committee deferred this item to April 16, 2001 meeting.
(c) Homework Center Tier 2 Evaluation Report. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 7, 2001, recommending acceptance of the summary and recommendations of the Homework Centers Program Tier II evaluation as a basis for ongoing program improvements.
The Committee accepted the Staff report with the following direction to be used:
· A standard tool is used for evaluation.
· Random visits by Council Offices, as well as City Staff
· A full report to Council that includes the actual survey
· Focus more on grades when developing evaluation.
· Look at age and location targets
· Look at who is providing services
(d) Oral petitions
None Presented.
(e) Adjournment
The meeting was adjourned at 2:45 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 March 19, 2001 were accepted. Vote: 11-0-0-0.
5.2 (a) Acceptance of the second quarter report
summarizing the status of Community Development Block Grant (CDBG) projects,
recommending corrective actions, and acknowledging the return of funds to the
CDBG reserve.
(b) Extension of the funding term for six
months, from December 31, 2000 to June 30, 2001, for the following projects:
(1) G10, Minor Street Reconstruction &
Infrastructure Improvements – Department of Public Works.
(2) G27, McKinley Community Facilities
Improvement – Department of Parks, Recreation and Neighborhood Services.
(c) Extension of the funding term for one
year, from December 31, 2000 to December 31, 2001, for the following project:
(1) F72, HomeSafe – Charities Housing
Development Corporation.
(Parks, Recreation and Neighborhood
Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 14, 2001, recommending Council approve the actions regarding the Community Development Block Grant (CDBG) Second Quarter Monitoring Report for the 2000-2001 Program Year.
Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Reed and unanimously carried, the Second Quarter Report on the status of CDBG projects was accepted with recommended corrective actions approved, and the six-month extension of the funding term for projects G10 and G27 and the one-year extension for project F72 were approved. Vote: 11-0-0-0.
6.1 Traffic Calming Advisory Committee (Ad
Hoc) – March 22, 2001
Documents Filed: Traffic Calming Advisory Committee report of March 22, 2001.
(a) Review of Traffic Signals Installation Policy. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated March 13, 2001, recommending acceptance of the report on Council Policy 2-2 Criteria For Installation of Traffic Signals.
The Committee accepted the staff report.
(b) Review of Stop Sign Installation Policy. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated March 15, 2001, recommending the Traffic Calming Advisory Committee review and provide feedback on the revised copy of the Council Policy 8-1, Criteria For the Installation of Stop Signs.
The Committee accepted the staff report and cross-referenced this item for Council action on April 3, 2001.
Discussion/Action: See Item 6.3 for Council action taken.
(c) Report on School Access Enhancement Study. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated March 15, 2001, recommending acceptance of the report on San José’s School Access Enhancement Program.
The Committee accepted the staff report.
(d) Report on Crossing Guard Allocation Policy. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated March 14, 2001, stating the San José Police Department will provide the Committee with a verbal presentation on the Policy.
The Committee accepted the staff report.
(e) Oral petitions
None Presented.
(f) Adjournment
The Committee adjourned at 4:00 p.m.
Discussion/Action: Upon motion by Council Member Reed, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Traffic Calming Advisory Committee Report and actions of March 22, 2001 were accepted with Item 6.1(b) acted upon at Item 6.3. Vote: 11-0-0-0.
6.2 (a) Report on bids and award of contract for
the Street Lights-Monterey Pedestrian Project to the low bidder. CEQA: Exempt.
Council District: 3. (Public Works)
(b) Adoption of an appropriation ordinance
and funding sources resolution amendments in the Services for Redevelopment
Capital Projects Fund (City-side Redevelopment Fund) for the Monterey Pedestrian
Street Lights Project with a net impacts to the fund of $496,000. (City
Manager’s Office)
Documents Filed: (1) Memorandum from Acting Director of Public Works Rajeev Batra, dated March 14, 2001, recommending Council accept the bid report and award said contract to the low bidder. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated March 14, 2001, recommending Council adopt the appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund).
Discussion/Action: This Item was dropped.