MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
MAY 15, 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, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Dando (excused), Chavez (excused)
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 a.m. in Room 600 (A) to confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the following cases: In re Giles; In re Chapp; Asmelash, et al. v. City of San José, et al.; Arambula v. City of San José; and City of San José v. Morgan Hill Unified School District, et al.; (B) to confer with Legal Counsel regarding anticipated litigation (1) of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code, and (2) the initiation of litigation in three matters pursuant to subsection (c) of Section 54956.9 of the Government Code; (C) for the purpose of conducting Public Employee Performance Evaluation, City Attorney, pursuant to Government Code Section 54957; and (D) 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.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:55 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Chavez (excused)
Seven Members of the Filipino Youth Coalition, a Community Based Organization, performed cultural dances. (District 5)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Chavez.
CEREMONIAL ITEMS
1.1 Presentation
of a proclamation declaring the week of May 13-19, 2001 as “Preservation Week”
and presentation of plaques to individuals and organizations deserving special
thanks for their efforts to preserve San José History. (LeZotte)
Documents Filed: None.
Discussion/Action: Mayor Gonzales was joined by Council Member LeZotte for presentation of a proclamation to Courtney Damkroger, Historic Preservation Officer, and presentation of plaques to owners/representatives of San José Historic Landmarks in special recognition of efforts to preserve San José’s history. Accepting the proclamation was Susan Quirolo, City Staff to the Historic Landmarks Commission, Council Member Chuck Reed for the Alviso City Hall, Gregory Gray for the Wart & Sherward Buildings, Colleen Hodgen for the Live Oak Adult Day Care Center, and Pasquale Casalino for the John Webb House.
1.3 Presentation
of a commendation to The Pre-College Programs (PCP) for their model learning
center project in collaboration with the Alum Rock Elementary School
District. (Campos)
(Rules Committee
referral 5/9/01)
Documents Filed: None.
Discussion/Action: Council Member Campos joined Mayor Gonzales for presentation of a commendation to Priscilla Peebles, Pre-College Program Coordinator, and Frank Castillo, Associate Director of the Pre-College Program at San José State University, and acknowledged the achievements of the educators and their model learning centers in District 5.
CONSENT CALENDAR
Upon
motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and
unanimously carried, the Consent Calendar was approved and the below listed actions
were taken as indicated. Vote: 10-0-1-0. Absent: Chavez.
2.1 (a) Approval of City Council Minutes for
Regular meeting of February 20, 2001
Documents Filed: Minutes of February 20, 2001.
Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Chavez.
(b) Approval
of Minutes for San José 2020 General Plan meeting of February 20, 2001
Documents Filed: Minutes of February 20, 2001 General Plan Meeting.
Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Chavez.
2.2 (a) Final
adoption of Ordinance No. 26353 – Amends Section 3.28.030 of Chapter 3.28 of
Title 3 of the San José Municipal Code to change the definition of final
compensation to highest average annual compensation earnable during any
twelve-month period for members of the Federated City Employees Retirement
System who retire or otherwise leave City service on or after July 1, 2001.
Documents
Filed: Proof of publication of the title of Ordinance No. 26353 executed on May
8, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26353 was adopted. Vote: 10-0-1-0. Absent: Chavez.
(b) Final adoption of Ordinance No. 26354 –
Amends Section 2.08.130 and Part 10 of Chapter 2.08 of Title 2 of the San José
Municipal Code to provide that the Council shall remove members of the Board of
Administration for Federated City Employees Retirement System only for cause
and to increase the membership of the Board of Administration for the Federated
City Employees Retirement System from five to seven.
Documents
Filed: Proof of publication of the title of Ordinance No. 26354 executed on May
8, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26354 was adopted. Vote: 10-0-1-0. Absent: Chavez.
(c) Final
adoption of Ordinance No. 26355 – Amends Chapter 3.28 of Title 3 of the San
José Municipal Code to provide for the limited reemployment of retired members
of the Federated City Employees Retirement System without suspension of the
retirement allowance.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26355 executed on May 8, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26355 was adopted. Vote: 10-0-1-0. Absent: Chavez.
(d) Final
adoption of Ordinance No. 26356 – Amends 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 of Large Live Entertainment Venues; and establishes new Chapters 11.51
and 11.54.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26356 executed on May 8, 2001, submitted by the City
Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26356 was adopted. Vote: 10-0-1-0. Absent: Chavez.
(e) Final adoption of Ordinance No. 26357 –
Rezones certain real property situated at the east side of Sunol Street,
approximately 140 feet north of Park Avenue.
PDC 00-11-116
Documents
Filed: Proof of publication of the title of Ordinance No. 26357 executed on May
8, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26357 was adopted. Vote: 10-0-1-0. Absent: Chavez.
2.3 (a) Approval
of a fourth amendment and continuation agreement with Anderson Brule
Architects, Inc. for consultant services related to Phase 4 of the Acoustical
Treatment Program, to extend the time for completion from December 31, 2000, to
September 30, 2001, with no increase in total compensation. CEQA:
Resolution No. 67380.
(b) Approval
of a third amendment and continuation agreement with Anderson Brule Architects,
Inc. for consultant services related to Phase 5 of the Acoustical Treatment
Program, to extend the time for completion from December 31, 2000, to December
31, 2001, with no increase in total compensation. CEQA: Resolution No.
67380.
(Airport)
Documents Filed: Memoranda from Director of Aviation, Ralph G. Tonseth, both dated April 25, 2001, recommending Council approve said amendments and agreements with Anderson Brule Architects, Inc.
Discussion/Action: The fourth amendment and continuation agreement for consultant services related to Phase 4 of the ACT Program, and the third amendment and continuation agreement consultant services related to Phase 5 of the ACT Program with Anderson Brule Architects, Inc. were approved and execution of the documents authorized. Vote: 10-0-1-0. Absent: Chavez.
2.4 Approval of an ordinance amending Chapter
14.22 of Title 14 of the San José Municipal Code:
(a) To allow parcels owned by a trust and
used as the primary residence of a beneficiary of the trust to be eligible for
deferral of the assessment installments when the parcel is located in an
eligible assessment district;
(b) To except transfers of residential
property to a property owner’s child or children from the definition of a
transfer that requires the repayment of deferred assessments to the City.
(City Attorney’s
Office)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle, dated May 9, 2001, recommending Council adopt said ordinance.
Discussion/Action: Ordinance No. 26385, entitled: “An Ordinance of the City of San José amending Sections 14.22.030 and 14.22.080 of Chapter 14.22 of Title 14 of the San José Municipal Code to Modify Eligibility Criteria and Repayment Requirements of the Deferred Assessment Program”, was passed for publication. Vote: 10-0-1-0. Absent: Chavez.
2.5 Adoption of a resolution setting a public
hearing on August 7, 2001, at 1:30 p.m. for the FY 2001-02 Annual
Sanitary Sewer Service and Use and Storm Sewer Service Charge Reports of the
Director of Finance and direction to the City Clerk to publish notice of the
time and place of the hearing. (Finance)
Documents Filed: Memorandum from Director of Finance, Scott P. Johnson, dated April 25, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70342, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing on the Annual Sewer Service and Use Charge and Storm Sewer Service Charge Reports of the Director of Finance Pursuant to Sections 15.12.550 and 15.16.1410 of the San José Municipal Code”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
2.6 Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 2000-2001 #42, and
authorization for the Director of General Services to execute the purchase
orders. (General Services)
Documents
Filed: (1) Memorandum from Acting
Director of General Services, Francis B. McVey, dated April 25, 2001, recommending Council approve said open purchase
orders list, and authorize the Director of General Services to execute the
purchase orders. (2) Supplemental report from San José/Santa Clara Water
Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney
Diridon, Jr., dated May 10, 2001, recommending approval of said purchase.
Discussion/Action: The award of open purchase orders List No. 42
for Fiscal Year 2001-2002 was approved and execution of the purchase orders
authorized. Vote: 10-0-1-0. Absent: Chavez.
2.7 Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 2000-2001 #43, and
authorization for the Director of General Services to execute the purchase
orders. (General Services)
Documents
Filed: Memorandum from Acting Director
of General Services, Francis B. McVey,
dated April 25, 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. 43
for Fiscal Year 2001-2002 was approved and execution of the purchase orders
authorized. Vote: 10-0-1-0. Absent: Chavez.
2.8 Award the purchase of seven (7)
replacement Taylor Dunn electric carts for the Water Pollution Control Plant to
Toyota Material Handling (Hayward) as a sole source purchase, for a total cost
of $105,008.40, including tax and delivery, and authorization for the Director
of General Services to execute the purchase order. (General Services)
Documents Filed: (1) Memorandum from Acting Director of General Services, Francis B. McVey, dated April 25, 2001, recommending Council award said purchase to Toyota Material Handling, as a sole source purchase, and authorize the Director of General Services to execute the purchase order. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated May 10, 2001, recommending approval of said purchase.
Discussion/Action: The award of purchase to Toyota Material Handling, as a sole source purchase, was approved and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: Chavez.
2.9 Award the purchase of six (6) NT servers
and twenty-five (25) NT client software upgrades for the Water Pollution
Control Plant to ABB Automation, Inc., for the total cost of $254,534.40,
including tax, as a sole source purchase and authorization for the Director of General
Services to execute the purchase order.
(General Services)
Documents Filed: (1) Memorandum from Acting Director of General Services, Francis B. McVey, dated April 25, 2001, recommending Council award said purchase to ABB Automation, Inc., as a sole source purchase, and authorize the Director of General Services to execute the purchase order. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated May 10, 2001, recommending approval of said award.
Discussion/Action: The award of purchase to ABB Automation, Inc., as a sole source purchase, was approved and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: Chavez.
2.10 Report on bids and award the purchase of
ten (10) high performance replacement motorcycles for the Police Department to
the low bidder, Burbank Kawasaki, at a total cost of $106,915.60, including tax
and freight, and authorization for the Director of General Services to execute
the purchase order for the:
(a) Immediate
purchase of ten (10) units; and
(b) Subsequent purchase of additional units at the
same bid price, without further Council action other than the appropriation of
necessary funds.
(General
Services)
Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated April 25, 2001, recommending Council accept the bid report and award said purchase to the low bidder, and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The report on bids was accepted and award of purchase to Burbank Kawasaki, the low bidder, was approved, and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: Chavez.
2.11 Report on bids and award the purchase of
two (2) replacement 12,500-pound cabs and chassis with maintenance type bodies for the Parks Maintenance Division to the lowest
responsive bidder, Pacific Utility Equipment Company, at a total cost of $118,716.40, including tax, and authorization for
the Director of General Services to execute the purchase order for the:
(a) Immediate
purchase of two (2) units.
(b) Subsequent purchase of additional units at the
same bid price without further Council action other than the appropriation of
necessary funds.
(General
Services)
Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated April 25, 2001, recommending Council accept bid report and award said purchase to the lowest responsive bidder, and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The report on bids was accepted and award of purchase to the Pacific Utility Equipment Company, the lowest responsive bidder, was approved and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: Chavez.
2.12 Adoption of a resolution determining that
public use and necessity require the acquisition of land and improvements owned
by Lyman and Florence Bigelow at 2191 Alum Rock Avenue for the Las Mariposas
affordable housing development and directing the City Attorney to file an
eminent domain action to acquire the property.
CEQA: ND. Council District 5. (Housing)
Documents Filed: Memorandum from Acting Director of Housing, Leslie Corsiglia, dated April 25, 2001, recommending Council adopt said resolution.
Discussion/Action: The following individuals spoke in favor of the proposed acquisition: Esther Medina, Executive Director, MACSA; and Phyllis Ward, representing Affordable Housing Network. Lyman Bigelow spoke in opposition to the proposed action. Resolution No. 70343, entitled: “Resolution of Necessity of the Council of the City of San José Making Certain Findings and Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil Procedure for the Following Project: Las Mariposas Housing Development Project; Authorizing and Empowering the City Attorney to Bring an Action in Eminent Domain to Acquire Certain Property for Said Project and to Apply for an Order of Possession Before Judgment and to Prosecute Said Action to Final Judgment; and Authorizing the Empowering the Deposit of Money in Court for Possession of Said Property From the Funds Lawfully Available Therefore”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
2.13 Adoption
of a resolution to:
(a) Amend
the City Pay Plan to create job classifications for Division Manager, Public
Safety and Landscape Architect I (Unregistered) and Landscape Architect I
(Registered).
(b) Change
job classification titles for Assistant Landscape Architect, Assistant
Landscape Architect II, and Employee Relations Manager.
(c) To
delete various obsolete job classifications.
(d) To
revise the salary range for Principal Accountant.
(Human Resources)
Documents Filed: Memorandum from Director of Human Resources, Nona Tobin, dated April 25, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70344, entitled: “A Resolution of the Council of the City of San José Amending the City of San José Pay Plan to Create, Change, Delete and Revise Specified Job Classifications”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
2.14 Approval of the first amendment to the
agreement with DDA Studio, Inc., dba Dillon Design Associates, for consultant
services for the Meadowfair Park Phase 2 Improvements Project, extending the
term from October 31, 2001 to April 30, 2002, and increasing total compensation
by $18,000, from $73,000 to a total agreement amount up to $91,000. Council District 8. (Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated April 25, 2001, recommending Council
approve the amendment to said agreement.
Discussion/Action: The first amendment to the agreement with DDA Studio, Inc., was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Chavez.
2.15 Adoption of a resolution to consider the
establishment of an Underground Utility District at King Road, from Story Road
to Marsh Street, and setting a public hearing on June 12, 2001 at 1:30 p.m. CEQA:
Exempt. Council District 7.
(Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April 25, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70345, entitled: “A Resolution of the Council of the City of San José Setting the Time and Place for a Public Hearing to Consider the Establishment of an Underground Utility District at King Road From Story Road to Marsh Street on June 12, 2001 at 1:30 p.m.”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
2.16 Adoption of a resolution of intention to
vacate a portion of Skyway Drive north of Houndshaven Way and setting a public
hearing on June 5, 2001 at 1:30 p.m.
CEQA: Resolution No. 65245. Council District 2. (Public Works)
(Deferred
from 5/8/01 – Item 2.13)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April 25, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70346, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate a portion of Skyway Drive, North of Houndshaven Way”, was adopted. Vote: 9-0-1-1. Absent: Chavez. Disqualified: Reed, affects a source of income during the last year.
2.17 Approval of a five-year property use
agreement, with one five-year option, with Sprint PCS, allowing for the
construction, installation, maintenance, and operation of telecommunications facilities
at 1661 and 2077 Airport Boulevard, at an annual base rent of $60,000 plus $55 per square foot per year for floor and shelf
space, with yearly increases in base and square foot charges at the greater of
4% or the rise in the Consumer Price Index.
CEQA: Exempt. Council District 3. (Public Works)
(Deferred
from 5/8/01 – Item 2.14)
Documents Filed: None.
Discussion/Action: This item was deferred to May 22, 2001.
END OF CONSENT CALENDAR
3.2 Report
of the Rules Committee – May 2, 2001
Documents Filed: Rules Committee Report of May 2, 2001.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
The Redevelopment Agency items referred to Redevelopment Agency Board for action.
(b) City Council
(1) Review May 15, 2001 Draft Agenda
The Committee approved the May 15, 2001 City Council Agenda with three additions.
(2) Add New Items to May 8, 2001 Amended Agenda
The Committee recommended five additions to the May 8, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
The Committee recommended an addition to the May 9, 2001 Finance and Infrastructure Committee agenda entitled, “An Audit of the Pretreatment Source Control Inspection Program (Auditor/Environmental Services Department).”
(b) Economic Development and Environment Committee
None Presented.
(c) Education, Neighborhoods, Youth, and Seniors Committee
None Presented.
(d) Ad Hoc Traffic Calming Advisory Committee
None Presented.
(d) Meeting Schedules. Attachment: Memorandum from Assistant to the City Manager, Deanna J. Santana, dated April 27, 2001, recommending approval to cancel the Study Session, scheduled for May 21, 2001, 8:30 a.m. – 12:00 p.m.
(1) Request to cancel a budget study session
The Committee recommended cancellation of the Budget Study Session scheduled for May 21, 2001 at 8:30 a.m.
(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated April 26, 2001, listing the items transmitted to the Administration and the items filed for the Public Record for the period April 18-24, 2001.
The Committee noted and filed the Public Record for the period April 18-24, 2001.
(f) Boards, Commissions and Committees
(1) Appoint two community representatives to the Airport Noise Monitoring Committee
The Committee deferred this item to the May 9, 2001 Rules Committee meeting.
(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 2:25 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, the Rules Committee Report and actions of May 2, 2001 were accepted. Vote: 10-0-1-0. Absent: Chavez.
Council Member LeZotte left Council Chambers at this point in the meeting.
3.4 Approval of an ordinance amending various
chapters and titles in the San Jose Municipal Code:
(a) Implementing
a City Charter amendment to change the bid requirement for public works
construction contracts from $50,000 to $100,000;
(b) Implementing
a second City Charter amendment to remove from the Charter direct regulation of
the purchase of supplies, materials and to set the bid requirement for such
purchases in the San José Municipal Code at $100,000; and to allow for
publication of the notices of bid invitations for such purchases on the
internet as an alternative to publication in a newspaper, and to set forth the
procedures for the procurement of supplies, materials, and equipment and to
streamline existing procedures, and to make other minor technical changes;
(c) Increasing
the contract authority of Council Appointees (City Manager, City Attorney, City
Auditor, Independent Police Auditor, City Clerk, and certain department heads)
to $100,000;
(d) Expanding
the authority of the City Manager to approve minor amendments to contracts
previously approved by the City Council which involve no increase in
compensation: to extend the term up to 6 consecutive months, to make minor
revisions to scopes of services and to make clerical corrections and to approve
assignments of contracts; and to make it an explicit code requirement that all
City contracts be in writing;
(e) Delegating
to the City Manager the authority to approve amendments to leases where the
City is a tenant to provide for tenant improvements in an amount up to $100,000
during the lease term; and to sign tenant estoppel certificates on behalf of
the City;
(f) Amending
the authority of the Director of Public Works to issue change orders to public
works construction contracts to allow for extensions of the term of contract by
a cumulative total of up to 6 months;
(g) Delegating
to the Director of Public Works the authority to approve final tract maps and
tract improvement agreements, and subcontractor substitutions; and
(h) Amending
the authority of the Director of Public Works to waive performance bonds for
contracts up to $100,000, and the authority of the City Council and the
Director of Public Works to waive payment bonds on projects up to $25,000.
(City Attorney’s Office)
Documents Filed: (1) Memorandum from Memorandum from City Attorney, J. Richard Doyle dated May 3, 2001, recommending Council approve said ordinance. (2) Memorandum from City Attorney, J. Richard Doyle dated May 11, 2001, transmitting a copy of the Proposed Ordinance amending the San José Municipal Code regarding contract authority.
Discussion/Action: Joined by Senior Deputy City Attorney Brian Doyle and Deputy City Manager Kay Winer, City Attorney Richard Doyle presented key highlights proposed to streamline existing approval processes and procedures and expanding contract authority of the City Manager, Council Appointees and certain department heads, and recommended Council approve the proposed amendments to the San José Municipal Code. William J. Garbett spoke against the proposed action. Clarifying her position on the proposal, Council Member Dando commended Staff for their efforts but disagreed with the recommendations as being not the most viable solution to simplify approval processes. William J. Garbett spoke against the proposed action. Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Ordinance No. 26386, entitled: “An Ordinance of the City of San José Amending the San José Municipal Code by Amending Various Sections of Chapter 4.04 of Title 4 to Amend the Contracting Authority of Council Appointees to Implement Changes Regarding Contracting Procedures Resulting From Recent City Charter Amendments and Expanding the Authority of the City Manager to Approve Minor Amendments to Contracts Previously Approved by the City Council Which Involve No Increase in Compensation: To Extend the Term Up to 6 Consecutive Months, to Make Minor Revisions to Scopes of Services and to make Clerical Corrections; to Approve Assignments of Contracts; and to Make It An Explicit Code Requirement That All City Contracts Be In Writing; Amending, Adding and Deleting Various Sections of Chapter 4.12 of Title 4 to Set Forth the Procedures for the Procurement of Supplies, Materials and Equipment and the Authority of the Director of General Services, and to Streamline Existing Procedures; Amending Section 4.13.040 of Chapter 4.13 of Title 4 to Simplify the Factors Considered in Evaluating Requests for Proposals; Amending and Adding Various Sections of Chapter 14.04 of Title 14 to Amend the Authority of the Director of Public Works to Award Contracts Up to $100,000, to Delegate to the Director of General Services Contracts for the Installation of Modular Units, to Waive Payment Bonds for Projects Up to $25,000 and Performance Bonds for Projects Up to $100,000, to Issue Change Orders for Up to $100,000 on Projects Over $100,000 and to Extend the Term of Contracts By Not More Than 180 Days, to Consent to the Substitution of Subcontractors; Amending Section 19.04.060 of Chapter 19.04 of Title 19 and Various Sections of Chapter 19.16 of Title 19 to Authorize the Director of Public Works to Approve Final Subdivision Maps; Amending Section 19.28.020 of Chapter 19.28 of Title 19 and Various Sections of Chapter 19.32 of Title 19 to Authorize the Director of Public Works to Approve Improvement Agreements; Amending Section 22.08.030 of Chapter 22.08 of Title 22 to Authorize the City Manager or the Redevelopment Executive Director to Approve Agreements for Acquisition of Works of Art Up to $100,000; and Amending Section 25.04.790 of Chapter 25.04.790 of Chapter 25.0 of Title 25 to Authorize the Director of Aviation to Enter Into Agreements for Acoustical Treatment Up to $100,000”, was passed for publication. Vote: 9-0-2-0. Absent: Chavez, LeZotte.
Council Member LeZotte returned to Chambers at 2:45 p.m.
3.5 Adoption
of a resolution:
(a) Authorizing the issuance of City of San José
General Obligation Bonds, Series 2001 (Libraries and Parks Project) in the
not-to-exceed aggregate principal amount of $71,000,000, to be sold at a
competitive sale and allowing for proceeds from the Bonds, in the amounts of
$31,000,000 and $40,000,000, will be issued for the initial Measure O (Library)
and Measure P (Parks) approved projects, respectively.
(b) Authorizing and directing the execution of
certain financing documents, including the Fiscal Agent Agreement and other
related documents and directing certain related actions in connection with the
financing of the Measure O and Measure P projects through the issuance of the
Bonds.
(c) Approving the forms and approving the use of a
Notice Inviting Bids and the Official Statement in connection with the
competitive sale of the Bonds, and other related actions.
(d) Authorizing the Director of Finance to enter into
a guaranteed investment agreement for the investment of bond proceeds for the
Series 2001 GO Bonds, which would be in addition to the two projects approved
by Council on August 1, 2000 as part of the guaranteed investment agreement
pilot program.
(e) Authorizing the City Manager to negotiate and
execute an agreement with Public Resources Advisory Group for financial
advisory services from March 12, 2001 through September 30, 2001, in an amount
not to exceed $75,000.
(Finance)
Documents Filed: (1) Supplemental memorandum from Director of Finance, Scott P. Johnson, dated May 8, 2001, attaching a copy of the draft Official Statement for the General Obligation Bonds Series 2001. (2) Memorandum from Director of Finance, Scott P. Johnson, dated April 25, 2001, recommending Council adopt said resolution.
Discussion/Action: Using a slide presentation, Finance Director Scott Johnson summarized background information on the General Obligation Bonds as the result of Measures O and P approved by the voters on November 7, 2000, which authorized the issuance of general obligation bonds, the plan of finance, bond financing documents, financing team participation, and the financing schedule. He recommended Council approve the plan of finance and authorize the use of the investment agreement for the investment of the proceeds. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, Resolution No. 70347, entitled: “A Resolution of the Council of the City of San José Authorizing the Issuance of Its General Obligation Bonds, Authorizing and Directing the Execution of a Fiscal Agent Agreement and Certain other Related Documents and Authorizing Actions Related Thereto, was adopted. Vote: 10-0-1-0. Absent: Chavez.
3.6 Approval of an ordinance amending Part 36
of Chapter 2.08 of Title 2 of the San José Municipal Code to clarify the
appointment process for members of the Downtown Parking Board. (Redevelopment Agency)
(Rules
Committee referral 5/9/01)
Documents Filed: Memorandum from Redevelopment Agency Executive Director, Susan F. Shick, dated May 10, 2001, recommending approval of said ordinance.
Discussion/Action: Redevelopment Agency Executive Director, Susan F. Shick, presented background information on the newly established Downtown Parking Board, provided Council with an overview of the Board’s functions, powers, and duties, and summarized the analysis supporting the recommendation to amend the Ordinance. Mayor Gonzales acknowledged the existence of various policies which govern the City’s Boards and Commissions; however, the issue of term limits should be reviewed for consistency. He asked the City Clerk to submit to Rules Committee an informational report describing the term limits for all Board and Commission memberships. Council Member Diquisto asked Staff to include information and recommendation for a policy to standardize the terms for all City Boards and Commissions. Upon motion by Council Member Diquisto, seconded by Council Member Cortesé and unanimously carried, Ordinance No. 26387, entitled: “An Ordinance of the City of San José Amending part 36 of Chapter 2.08 of Title 2 of the San José Municipal Code to Clarify the Appointment Process for Members of the Downtown Parking Board and to Allow Members to Serve Second Terms”, was passed for publication and the City Clerk directed to prepare and submit to Council via Rules Committee an informational report on the term limits of the City’s Boards and Commissions, and to include Policy recommendations to standardize terms for those organizations. Vote: 10-0-1-0. Absent: Chavez.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.2 Adoption
of a resolution:
(a) Authorizing
the Director of Housing to file an application with California Debt Allocation
Committee (CDLAC) for an allocation of up to $35,000,000 in private activity
bonds to finance the construction of up to a 225-unit family rental housing
development located at 1525-1585 Almaden Road (Almaden Family Housing
Development).
(b) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with Simpson Housing Solutions, L.L.C., or an affiliated entity, for the CDLAC
Application for the Development.
Council District
7. (Finance/Housing)
Documents Filed: Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslie Corsiglia, dated April 25, 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. 70348, entitled: “A Resolution of the Council of the City of San José Regarding an Application for Bond Allocation From the California Debt Limit Allocation Committee (The Almaden Family Housing Project) and Taking Related Actions”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
4.3 Approval of the following actions
regarding the Almaden Senior Apartments Development:
(a) Hold
the TEFRA Hearing for the issuance of up to $8,000,000 in tax-exempt
multifamily housing revenue bonds.
(b) Adoption of a resolution:
(1) Expressing its intent to issue up to $8,000,000
in multifamily tax-exempt revenue bonds to finance the construction of a
66-unit senior rental housing project located on the west side of Almaden Road
approximately 100 feet south of Willow Glen Way.
(2) Authorizing the Director of Housing to file an
application with California Debt Allocation Committee (CDLAC) for an allocation
of up to $8,000,000 in private activity bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with Simpson Housing Solutions, LLC, or its designated affiliate, in connection
with the Development.
Council District 6. (Finance/Housing)
Documents Filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslie Corsiglia, dated April 25, 2001, recommending Council conduct the TEFRA Hearing and adopt said resolution regarding the Almaden Senior Apartments Development. (2) Notice of Public Hearing on the intent to issue tax-exempt multi-family housing revenue bonds for acquisition, construction, or rehabilitation of the project, dated April 20, 2001, and Proof of Publication executed on April 27, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Notice of Public Hearing to consider approval of the issuance of tax-exempt multi-family housing revenue bonds, dated April 27, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the TEFRA Public Hearing to consider approval of the housing revenue bonds for the Almaden Senior Apartments Development. There was no public testimony presented. Upon motion by Council Member Yeager, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the TEFRA public hearing was closed, and Resolution No. 70349, entitled: “A Resolution of the Council of the City of San José Expressing Its Intent to Issue Tax Exempt Debt for the Construction and Development of Multi-Family Housing and Taking Related Actions (The Almaden Senior Apartment Project)”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
4.4 Approval of the following actions
regarding the North White Road Family Apartments Housing Development:
(a) Hold
the TEFRA Hearing for the issuance of up to $20,000,000 in tax-exempt
multifamily housing revenue bonds.
(b) Adoption
of a resolution:
(1) Expressing its intent to issue up to
$20,000,000 in multifamily tax-exempt revenue bonds to finance the construction
of a 157-unit family rental housing project located in the 400 block of North
White Road.
(2) Authorizing the Director of Housing to
file an application with California Debt Allocation Committee (CDLAC) for an
allocation of up to $20,000,000 in private activity bonds.
(3) Authorizing the Director of Housing to negotiate
and execute a Deposit and Escrow Agreement with North White Road Associates,
L.P., an affiliate of JSM Enterprises, for the CDLAC Application for the
Development.
Council District
5. (Finance/Housing)
Documents Filed: None.
Discussion/Action: Mayor Gonzales stated the recommended deferral of this item is to be modified to one of consideration, with Council action deferred for one week; therefore, he opened the TEFRA Public Hearing to consider approval of the housing revenue bonds. There was no public testimony presented. Upon motion by Council Member Campos, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the TEFRA public hearing was opened; there was no public testimony presented; and Council action was deferred to May 22, 2001. Vote: 10-0-1-0. Absent: Chavez.
Items 4.5 and 4.6 were heard together.
4.5 Approval of the following actions
regarding the Roberts Avenue Family Apartments Development:
(a) Hold
the TEFRA Hearing for the issuance of up to $14,000,000 in tax-exempt
multifamily housing revenue bonds.
(b) Adoption of a resolution:
(1) Expressing its intent to issue up to
$14,000,000 in multifamily tax-exempt revenue bonds to finance the construction
of a 100-unit family rental housing project located at Vintage Way and Lucretia
Avenue.
(2) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with Community Home Builders & Associates, or its affiliate, in connection
with this Development.
4.6 Approval of the following actions
regarding Roberts Avenue Senior Apartments Development:
(a) Hold
the TEFRA Hearing for the issuance of up to $11,000,000 in tax-exempt
multifamily housing revenue bonds.
(b) Adoption of a resolution:
(1) Expressing
its intent to issue up to $11,000,000 in multifamily tax-exempt revenue bonds
to finance the construction of a 100-unit senior rental housing project located
on Roberts Avenue at Vintage Way.
(2) Authorizing
the Director of Housing to file an application with California Debt Allocation
Committee (CDLAC) for an allocation of up to $11,000,000 in private activity
bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with Roberts Avenue Associates, L.P., an affiliate of Roberts Avenue Inc., and
Bridge Housing, for the CDLAC Application for the Development.
Council District 7. (Finance/Housing)
Documents Filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslie Corsiglia, dated April 25, 2001, recommending Council conduct the TEFRA Hearing and adopt said resolution for actions regarding the Roberts Avenue Family Apartments Development. (2) Notice of Public Hearing on the intent to issue tax-exempt multi-family housing revenue bonds for acquisition, construction, or rehabilitation of the project, dated April 20, 2001, and Proof of Publication executed on April 27, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Notice of Public Hearing to consider approval of the issuance of tax-exempt multi-family housing revenue bonds, dated April 27, 2001, submitted by the City Clerk. (4) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslie Corsiglia, dated April 25, 2001, recommending Council conduct the TEFRA Hearing and adopt said resolution for actions regarding the Roberts Avenue Senior Apartments Development. (5) Notice of Public Hearing on the intent to issue tax-exempt multi-family housing revenue bonds for acquisition, construction, or rehabilitation of the project, dated April 20, 2001, and Proof of Publication executed on April 27, 2001, submitted by the City Clerk. (6) Affidavit of Posting of the Notice of Public Hearing to consider approval of the issuance of tax-exempt multi-family housing revenue bonds, dated April 27, 2001, submitted by the City Clerk
Discussion/Action: Mayor Gonzales opened the TEFRA Public Hearings to consider approval of the housing revenue bonds for the Roberts Avenue Family Apartments Development and the Roberts Avenue Senior Apartments Development. There was no public testimony presented. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, the public hearings were closed and Resolution No. 70350, entitled: “A Resolution of the Council of the City of San José Expressing Its Intent to Issue Tax Exempt Debt For the Construction and Development of Multi-Family Housing and Taking Related Actions (The Roberts Avenue Family Apartment Project)”; and Resolution No. 70351, entitled: “A Resolution of the Council of the City of San José Expressing Its Intent to Issue Tax Exempt Debt For the Construction and Development of Multi-Family Housing and Taking Related Actions (The Roberts Avenue Senior Apartment Project)” were adopted. Vote: 10-0-1-0. Absent: Chavez.
4.7 Approval of the following actions
regarding the Villa de Guadalupe Apartment Development:
(a) Hold
the TEFRA Hearing for the issuance of up to $7,500,000 in tax-exempt
multifamily housing revenue bonds.
(b) Adoption a resolution:
(1) Expressing
its intent to issue up to $7,500,000 in multifamily tax-exempt revenue bonds to
finance the acquisition and rehabilitation of a 101-unit senior rental
apartment development located at 2151 Plaza Guadalupe.
(2) Authorizing
the Director of Housing to file an application with California Debt Allocation
Committee (CDLAC) for an allocation of up to $7,500,000 in private activity
bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with AIMCO Equity Services, an affiliate of AIMCO, for the CDLAC
Application for the Development.
Council
District 5. (Finance/Housing)
Documents Filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslie Corsiglia, dated April 25, 2001, recommending Council conduct the TEFRA Hearing and adopt said resolution for actions regarding the Villa de Guadalupe Apartment Development. (2) Notice of Public Hearing on the intent to issue tax-exempt multi-family housing revenue bonds for acquisition, construction, or rehabilitation of the project, dated April 20, 2001, and Proof of Publication executed on April 27, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Notice of Public Hearing to consider approval of the issuance of tax-exempt multi-family housing revenue bonds, dated April 27, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the TEFRA Public Hearing to consider approval of the housing revenue bonds for the Villa de Guadalupe Senior Apartment Development. There was no public testimony presented. Upon motion by Council Member Campos, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed and Resolution No. 70352, entitled: “A Resolution of the Council of the City of San José Expressing Its Intent to Issue Tax Exempt Debt For the Construction and Development of Multi-Family Housing and Taking Related Actions (The Villa de Guadalupe Senior Apartment Project)”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
4.8 Adoption
of a resolution:
(a) Authorizing
the issuance of limited obligation improvement bonds in the aggregate principal
amount of not to exceed $27,595,000, to be sold at a competitive sale in
connection with Improvement District 99-218SJ (Hellyer-Piercy).
(b) Approving
the forms and authorizing the execution of the Fiscal Agent Agreement and
certain other related financing documents, and directing and authorizing
certain other related actions.
(c) Approving
the forms and approving the use of the Official Notice of Sale and the Official
Statement in connection with the competitive sale of the bonds, and directing
and authorizing certain other related actions.
(d) Confirming
the Amended Engineer’s Report and the assessments.
(e) Authorizing
the City Manager to negotiate and execute a continuation agreement with E.
Wagner & Associates, Inc., for financial advisory services, to extend the
term of the agreement to December 31, 2001, and to increase the compensation by
$40,000, which includes appraisal services, to an amount not to exceed
$105,000.
(f) Authorizing
the City Attorney to negotiate and execute the first amendment to the agreement
with the Law Offices of Leslie M. Lava, for bond counsel for this transaction,
to increase compensation by $28,500, to an amount not to exceed $95,000.
CEQA: Resolution No. 69699. Council District 2. (Public Works/Finance)
Documents Filed: (1) Supplemental memorandum from Director of Finance, Scott P. Johnson, dated May 8, 2001, attaching a copy of the draft Official Statement for the Hellyer-Piercy Improvement District. (2) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Public Works Rajeev Batra, dated April 25, 2001, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70353, entitled: “Resolution of the Council of the City of San José by Which the Council Authorizes the Sale and Issuance of Limited Obligation Bonds in An Amount Not to Exceed $27,595,000; Approves the Fiscal Agent Agreement, Continuing Disclosure Agreement, Preliminary Official Statement, and the Official Statement; Authorizes the Authorized Official to Accept the Winning Bid in a Competitive Sale Not to Exceed an Interest Rate of Seven Percent; Approves the Engineer’s Report; and Authorizes the Execution of Necessary Documents Relating to the City of San José Limited Obligation Improvement Bonds Improvement District No. 99-218SJ (Hellyer-Piercy) Bond Series 24Q”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
ENVIRONMENTAL & UTILITY SERVICES
7.1 (a) (1) Adoption
of a resolution making certain determinations regarding the expenditure of
Redevelopment Agency funds on certain public improvements pursuant to Section
33445 of the Health and Safety Code.
(2) Approval
of a cooperation agreement with the Redevelopment Agency regarding the 5th
Street Sanitary Sewer and Storm Drain Relocation and Improvement Project of
Sanitary and Storm Drain Facilities in the Civic Plaza Redevelopment Area.
(3) Adoption
of appropriation ordinance amendments in the Sewer Service and Use Charge
Capital Fund to establish an appropriation in the amount of $5,500,000, for the
5th Street Sewer and Storm Relocation and Improvement Project, and
reduce the ending fund balance in the same amount.
(4) Acceptance
of the report on bids and award of contract for the 5th Street
Sanitary Sewer and Storm Drain Relocation Project to the low bidder, Mountain
Cascade Inc., in the amount of $5,271,127, and approval of a contingency in the
amount of $527,000.
(b) Adoption of a resolution by the Agency
Board approving a cooperation agreement with the City regarding the 5th
Street Sanitary Sewer and Storm Drain Relocation and Improvement Project.