MINUTES OF THE CITY COUNCIL

 

SAN JOSÉ, CALIFORNIA                                                                 TUESDAY, JUNE 5, 2001

 

The Council of the City of San Jose was scheduled to convene in Closed Session at 9:30 a.m., in Room 600. The Closed Session was cancelled and the City Council convened in regular session at 1:40 p.m., Council Chambers, City Hall.

 

Present: Council Members:          Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members:           None.

 

INVOCATION

 

Pastor Dennis Moore, Metropolitan Community Church, delivered the invocation. (District 6)

 

PLEDGE OF ALLEGIANCE

 

            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 awards by CalFest, the Professional Festivals and Events Association of California and Nevada, to the City of San José Holiday Parade.

(Parks, Recreation and Neighborhood Services)

            (Deferred from 5/8/01 – Item 1.3)

 

Documents Filed: None.

 

Discussion/Action: Joining Mayor Gonzales at the Podium was Bruce Labadie, member of CalFest Board of Directors, who presented the Certificate of Excellence award to Park Manger Joe Cardinalli, and Recreation Specialist Edgar Bautista of the Department of Parks, Recreation and Neighborhood Services, and congratulated the City of San José on winning Second Place in “Marketing”, and Third Place for having the “Best Magazine/Newspaper Advertisement” throughout the region.

 

1.2       Presentation of commendation and award of the Outstanding Employee Recognition Award to Frank Bowman, Landscape Maintenance Supervisor in the Transportation Department.  (City Manager’s Office)

 

Documents Filed: None.

 

Discussion/Action: Joining Mayor Gonzales at the Podium were City Manager, Del D. Borgsdorf, Director of Transportation, Wayne K. Tanda, and honoree Frank Bowman, who accepted the commendation and the monetary award. He acknowledged the hard work and team effort of the men and women in Sections 93 and 94 of the Department of Transportation, and asked them to stand and be recognized.

 

1.3       Proclamation honoring and celebrating the contributions made to our great city by our gay, lesbian, bisexual, and transgender residents and encouraging everyone to participate and enjoy the Gay Pride Celebration occurring June 9 and 10, 2001. (Yeager)

 

Documents Filed: None.

 

Discussion/Action: Joining Mayor Gonzales at the Podium were George Gonzales, President of the San José Gay Pride Committee, Council Member Chavez, and Council Member Yeager who acknowledged the contributions made to the City of San José by the gay, lesbian, bisexual and transgender community, and invited everyone to attend the celebration on June 9 and 10, 2001. Council Member Yeager acknowledged the participation of Council Member Chavez and Michael Lomonaco, who will preside as Grand Marshals for the 2001 San José Gay Pride Parade and Celebration, and Mayor Gonzales presented the proclamation to George Gonzales.

 

The City Council and the Administration joined Mayor Gonzales in a special tribute to Chris Galios, San José Police Officer, who is retiring after 30 years of dedicated service to the citizens of San José, and after eight years serving on security detail for Mayors Gonzales and Hammer. As observed in a recent documentary produced by Channel 11, the excellence of Officer Galios as a respected Police Officer is validated by his vigilant and courageous performance throughout his professional career as a sworn police officer. In keeping with Chris’ preferred behind-the-scenes role, the Council Members and City Administration joined Mayor Gonzales in putting on sunglasses in acknowledgement of Chris’ unique style and steady presence on behalf of the City for so many years.

 

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       Approval of City Council Minutes for Adjourned Regular Session of March 2, 2001

            (a)        Regional Energy Needs

 

Documents Filed: Minutes of the adjourned regular session of March 2, 2001.

 

Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.

 

            (b)        Approval of City Council Minutes for Regular Meeting of March 6, 2001

 

Documents Filed: Minutes of the regular meeting of March 6, 2001.

 

Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.

 

2.2       (a)        Final adoption of Ordinance No. 26394 – Rezones certain real property situated on the east side of North White Road, approximately 450 feet north of McKee Road.  PDC 01-01-002

 

Documents Filed:  Proof of publication of the title of Ordinance No. 26394 executed on May 29, 2001, submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 26394 was adopted. Vote: 11-0-0-0.

 

            (b)        Final adoption of Ordinance No. 26396 – Amends Chapter 7.08 of Title 7 of the San José Municipal Code by amending the definition of “pet shop” in Section 7.08.140, adding a definition of “building” for the purposes of Title 7; amending the conditions relating to animal facilities in Section 7.08.730; amending the location of sales in Section 7.08.830.

 

Documents Filed: Proof of publication of the title of Ordinance No. 26396 executed on May 29, 2001, submitted by the City Clerk.

 

Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26396 was adopted. Vote: 11-0-0-0.

 

2.3       Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Fox California Theatre Study Project and the Automatic Public Toilets Project with a net impact to the fund of $132,365.  (City Manager’s Office)

 

Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated May 11, 2001, recommending Council approve said appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund.

 

Discussion/Action: Ordinance No. 26401, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Services For Redevelopment Capital Projects Fund in the Amount of $132,365 For Fox California Theatre Study Project and Automatic Public Toilets Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70383, 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 Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 11-0-0-0.

 

2.4       Approval of grant agreements with the following businesses for constructing additional construction and demolition recycling infrastructure for the period July 1, 2001 to June 30, 2003:

            (a)        Material Recovery, LLC, for the construction of a carpet recycling system, in an amount not to exceed $200,000.

            (b)        Zanker Road Resource Management, Ltd., for the purchase of an organics removal system for recycled roadbase, in an amount not to exceed $129,000.

            (c)        Waste Management, Inc., for the construction of a roofing waste recycling system, in an amount not to exceed $100,000.

            (d)        Jonna Corporation, d.b.a. Premier Recycling, for the purchase of a wood waste recycling system, in an amount not to exceed $71,000.

            (Environmental Services)

 

Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 24, 2001, recommending Council approve said agreements.

 

Discussion/Action: In response to Council Member LeZotte’s question regarding the integrity of the process for carpet recycling by Material Recovery, LLC, Director of Environmental Services, Carl W. Mosher, stated a report would be issued to Council on the City’s procedures that assure carpet recycling operation is executed in accordance with negotiated contracts. As a point of clarification, he stated the recommendation to drop Item 2.4(c) is predicated on Waste Management’s difficulty with lease arrangements for the property location; once discrepancies are resolved, Staff will submit a proposal for Council consideration. The grant agreements with Material Recovery, LLC, Zanker Road Resource Management, Ltd., and Jonna Corporation, d.b.a. Premier Recycling, were approved and execution of the agreements authorized with Staff directed to provide Council with a report on the process used to account for all the recycled or discarded materials; and Item 2.4(c) for Waste Management, Inc., was dropped. Vote: 11-0-0-0.

 

2.5       Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #46, 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 May 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. 46 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.

 

2.6       Approval to award a sole source purchase of 100 electronic parking meter mechanisms, 225 electronic parking meter housings, and locks and keys for the Transportation Department to Duncan Industries, Inc., for total cost of $142,678.24, including tax and shipping, and authorization for the Director of General Services to execute the purchase order.  (General Services)

 

Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated May 14, 2001, recommending Council award said purchase to Duncan Industries, Inc., as a sole source purchase, pursuant to Section 4.12.149 of the San José Municipal Code, and authorize the Director of General Services to execute the purchase order.

 

Discussion/Action: The award of the sole source purchase to Duncan Industries, Inc., was approved and execution of the purchase order authorized. Vote: 11-0-0-0.

 

2.7       Report on Request for Quotation and award for the replacement of irrigation controllers in Maintenance Assessment District #16 (Evergreen Specific Area) to TruGreen Landcare, Inc., for a total of $235,000.00, including tax, and authorization for the Director of General Services to execute the service order.  (General Services)

 

Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated May 14, 2001, recommending Council approve said award and authorize the Director of General Services to execute the service order.

 

Discussion/Action: The report on the RFQ was accepted and award for the replacement of irrigation controllers to TruGreen Landcare, Inc., was approved and execution of the service order authorized. Vote: 11-0-0-0.

 

2.8       (a)        Report on bids and award the purchase of 126 Motorola CDM1550 mobile radios for the Police Department to the low bidder, SJM Industrial Radio for a total cost of $90,084.96, including tax and delivery.

            (b)        Award of removal and installation of the mobile radios to the low bidder, Day Wireless Systems for a total cost of $15,120.00.

            (c)        Authorization for the Director of General Services to execute the purchase orders for:

                        (1)        Immediate purchase and installation of one hundred twenty-six (126) units; and

                        (2)        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 May 14, 2001, recommending Council accept the bid report and award said purchases to the low bidders, and authorize the Director of General Services to execute the purchase order.

 

Discussion/Action: William J. Garbett spoke against the proposed action. The report on bids was accepted and award of purchases to the low bidders SJM Industrial Radio and Day Wireless Systems were approved and execution of the purchase orders authorized. Vote: 11-0-0-0.

 

2.9       Report on bids and award the purchase of four (4) paratransit van conversions for the Department of Parks, Recreation and Neighborhood Services to the sole bidder, New Ability Driving Systems, at a total cost of $91,432.80, including tax, and authorization for the Director of General Services to execute the purchase order for the:

            (a)        Immediate purchase of four (4) paratransit van conversions; and

            (b)        Subsequent purchase of additional conversions 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 May 14, 2001, recommending Council accept the bid report and award said purchase to New Ability Driving Systems, as sole 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 sole bidder, New Ability Driving Systems, was approved and execution of the purchase order authorized. Vote: 11-0-0-0.

 

2.10     Adoption of a resolution authorizing the Director General Services to negotiate and execute an amendment to the agreement with Airport Group International, Inc. (AGI) for reinforcing the baggage handling equipment at the San José International Airport, at a cost of $60,000, including tax, for a total contract cost of $690,000.  (General Services)

 

Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated May 14, 2001, recommending Council adopt said resolution.

 

Discussion/Action: Resolution No. 70384, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Amendment to the Agreement With Airport Group International, Inc., to Include Reinforcing the Baggage Handling Equipment at the Airport”, was adopted.

Vote: 11-0-0-0.

 

2.11     Approval to award the sole source purchase of a turnkey photo database management system for the Police Department, to DataWorks Plus, LLC, at a total cost of $99,783.40, including tax and installation, and authorization for the Director of General Services to execute the purchase order.  (General Services)

 

Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated May 14, 2001, recommending Council award said purchase to DataWorks Plus, LLC, the sole source purchase, pursuant to Section 4.12.020.D of the San José Municipal Code, and authorize the Director of General Services to execute the purchase order.

 

Discussion/Action: The award of sole source purchase to DataWorks Plus, LLC, was approved and execution of the purchase order authorized. Vote: 11-0-0-0.

 

2.12     Report on bids and award the purchase of two (2) 14,250 pound trucks with 12-foot van type bodies for the Department of Transportation to the low bidder, Monarch Truck Center, at a total cost of $141,928.96, including tax, and authorization for the Director of General Services to execute the purchase order for the:

            (a)        Immediate purchase of two (2) 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 May 14, 2001, recommending Council accept the bid report and award said purchase 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 Monarch Truck Center, the low bidder, was approved and execution of the purchase order authorized. Vote: 11-0-0-0.

 

2.13     Approval of the San José Public Library’s re-design of its library card campaign to focus on first grade students, in order to synchronize the program with curriculum goals and to reach all elementary schools in the City every year.  (Library)

 

Documents Filed: Memorandum from City Librarian, Jane Light, dated May 14, 2001, recommending Council approve the redesign.

 

Discussion/Action: The redesign of the library card campaign was approved.

Vote: 11-0-0-0.

 

2.14     Adoption of a resolution initiating proceedings on a series of ordinances of the City of San José to consider the rezoning of properties from the current zoning to A (Agriculture), CP (Commercial Pedestrian), and OS (Open Space) as a result of the newly adopted Zoning Code to further implement the San José 2020 General Plan; setting a public hearing on August 14, 2001 at 7:00 p.m.; and referring the ordinances to the Planning Commission for its recommendation and comments.

            (Planning, Building and Code Enforcement)

 

Documents Filed: (1) Supplemental memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 31, 2001, noting the reason for addendum. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 14, 2001, recommending Council adopt said resolution.

 

Discussion/Action: Resolution No. 70385, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings on a Series of Ordinance to Consider the Rezoning of Certain Properties From the Current Zoning to A (Agriculture), CP (Commercial Pedestrian) and OS (Open Space) as a Result of the Recently Adopted Zoning Code (Title 20 of the San José Municipal Code) to Further Implement the San José 2020 General Plan and Setting a Public Hearing For August 14, 2001 at 7:00 p.m. and Referring Said Ordinances to the Planning Commission for Their Review, Recommendations and Comments”, was adopted. Vote: 11-0-0-0.

 

2.15     Adoption of a resolution of intention to vacate the light and air easement (building setback line) that lies within Parcel A (formerly Lots 7, 8, 9, 10, and a portion of Lot 6 of Tract No. 164 (Cambrian Morningside), located at the northeast corner of Bascom Avenue and Elden Drive, and setting a public hearing on June 26, 2001 at 1:30 p.m.  CEQA:  ND.  Council District 9.  (Public Works)

 

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 14, 2001, recommending Council adopt said resolution.

 

Discussion/Action: Resolution No. 70386, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate the Light and Air Easement (Building Setback Line) Adjacent to Bascom Avenue and Elden Drive”, was adopted. Vote: 11-0-0-0.

 

2.16     Report on bids and award of contract for the Street Lights Crackdown 2001 Project to the sole bidder, Pacific Electric Company, in the amount of $137,035, and approval of a contingency in the amount of $13,000.  CEQA:  Exempt.  NEPA:  Exempt.  (Public Works)

 

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 14, 2001, recommending Council accept the bid report and award said contract and approve the contingency.

 

Discussion/Action: William J. Garbett spoke against the proposed action. The report on bids was accepted and award of contract to Pacific Electric Company, the sole bidder, and the contingency amount, were approved and execution of the contract authorized. Vote: 11-0-0-0.

 

2.17     Report on bids and award of a contract for the Fire Station No. 9 and Cambrian Library Parking Modifications Project to the low bidder, Silicon Valley Paving, Inc., for the base bid and add alternate in the amount of $233,670, and approval of a contingency in the amount of $36,000.  CEQA:  Exempt.  Council District 9.

(Public Works)

 

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 14, 2001, recommending Council accept the bid report and award said contract to the low bidder, including the contingency amount.

 

Discussion/Action: The report on bids was accepted and award of contract to Silicon Valley Paving, Inc., the low bidder, and the contingency amount, were approved and execution of the contract authorized. Vote: 11-0-0-0.

 

2.18     Approval to reject all bids for the West San Carlos Sidewalk Replacement Project, and authorization for the Director of Public Works to re-advertise and re-bid the project.  CEQA:  Resolution No. 62614.  Council District 6.  (Public Works)

            (Rules Committee referral 5/30/01)

 

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 29, 2001, noting the reason for addendum and recommending Council approve staff recommendation to reject all bids and authorize the Director of Public Works to readvertise and rebid the project prior to the end of the fiscal year.

 

Discussion/Action: The recommendation to reject all bids for the project was approved and authorization granted to readvertise and rebid the project. Vote: 11-0-0-0.

 

2.19     (a)        Adoption of a resolution of intention to conditionally vacate a portion of Bush Street and setting a public hearing on June 26, 2001 at 1:30 p.m.  CEQA:  Resolution No. 69355.  Council District 6.

            (b)        Adoption of a resolution of intention to vacate a portion of White Street and reserve a public service easement and setting a public hearing on June 26, 2001 at 1:30 p.m.  CEQA: Resolution No. 69355.  Council District 6.

            (Public Works)

            (Rules Committee referral 5/30/01)

 

Documents Filed: Memoranda from Acting Director of Public Works Rajeev Batra, both dated May 29, 2001, noting the reasons for addenda and recommending Council adopt said resolutions.

 

Discussion/Action: Resolution No. 70387, 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 Bush Street”; and Resolution No. 70388, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate a Portion of White Street and Reserve a Public Service Easement (PSE)”, were adopted. Vote: 11-0-0-0.

 

2.20     Approval of actions for Tract No. 9347 – Located on the north side of Santa Teresa Boulevard, between Allen Avenue and Taormino Avenue - Pulte Home Corporation, a Michigan Corporation (Developer) - 28 single family detached residential units.  Approval of a parkland agreement and adoption of resolutions approving the plans, final map, and contract for Tract No. 9347.  CEQA:  ND.  Council District 10.  (Public Works)

 

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 29, 2001, recommending Council approve the parkland agreement and adopt said resolutions for Tract No. 9347.

 

Discussion/Action: The parkland agreement with Pulte Home Corporation was approved and execution of the agreement authorized; and Resolution No. 70389, 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. 9347”; Resolution No. 70390, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9347”; and Resolution No. 70391, 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. 9347”, were adopted.

Vote: 11-0-0-0.

 

END OF CONSENT CALENDAR

 

STRATEGIC SUPPORT SERVICES

 

3.2       Report of the Rules Committee – May 23, 2001

 

Documents Filed: Rules Committee report of the meeting on May 23, 2001.

 

            (a)        Redevelopment Agency items reported out at Redevelopment Agency meeting. Attachment: Memorandum from Redevelopment Agency Administrative Officer Gary Miskimon, dated May 22, 2001, requesting the addition of a Study Session on Mixed Use/Retail issues.

 

The Committee referred all items to the Redevelopment Agency Board for consideration.

 

            (b)        City Council

                        (1)        Review June 5, 2001 Draft Agenda.

 

The Committee approved the June 5, 2001 City Council Agenda with one addition.

 

                        (2)        Add New Items to May 29, 2001 Amended Agenda.

 

The Committee recommended five additions to the May 29, 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 June 15, 2001 Finance and Infrastructure Committee Agenda entitled “Annual Capital Project Program Status Report (Public Works)”

 

                                    (b)        Economic Development and Environment Committee

 

                                                None Presented.

 

                                    (c)        Education, Neighborhoods, Youth, and Seniors Committee

 

The Committee recommended cancellation of the May 21, 2001 ENYS Committee meeting, with all items carried over to the June 18, 2001 regularly scheduled meeting.

 

                                    (d)        Ad Hoc Traffic Calming Advisory Committee

 

None Presented.

 

            (d)        Meeting Schedules. Attachment: Memorandum from Assistant to the City Manager, Deanna J. Santana, dated May 18, 2001, recommending approval of the City Council Meeting Schedule for the period June 26, 2001 through January 2002.

                        (1)        Approval of the City Council meeting schedule covering June 26, 2001 to January 2002

 

The Committee recommended approval of the City Council Meeting Schedule for the period June 26, 2001 through January 2002 and scheduled the following:

·        June 26, 2001 – Evening Session

·        August 7, 2001 – Evening Session Cancelled

·        August 14, 2001, 2001 Evening Session.

·        October 16, 2001, 5:30 p.m. - Board and Commission Recognition Event.

·        August 21, 2001, November 6, 2001, and November 20, 2001 –

·        Public Hearings for the 2001 Annual Review of the General Plan.

 

            (e)        The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated May 17, 2001, listing the items transmitted to the Administration and the items filed for the Public Record for the period May 9-15, 2001.

 

The Committee noted and filed the Public Record for the period May 9-15, 2001.

 

            (f)         Boards, Commissions and Committees.

                        (1)        Appointment of community representatives to the Airport Noise Monitoring Committee. Attachment: Memorandum from City Attorney, J. Richard Doyle dated June 4, 2001, highlighting major areas of potential conflict which are disclosed by the application.

 

The Committee confirmed its recommendation to appoint Russ McBrien and, pending review of her application by the City Attorney’s Office, Cathy Marshall as community representatives to the Airport Noise Monitoring Committee.

 

                        (2)        Recommend 15 community organizations to be appointed to the Project Area Committee for the proposed Strong Neighborhoods Initiative Redevelopment Project Area. Attachments: (1) Memorandum from City Attorney and Redevelopment Agency General Counsel, J. Richard Doyle, dated June 5, 2001, defining the various requirements and provisions for Project Area Committee appointments, and attaching Statements of Interest of Existing Community Organizations to serve on the PAC for the proposed Strong Neighborhoods Initiative Redevelopment Project Area. (2) Memorandum from Redevelopment Agency Executive Director, Susan F. Shick, dated May 3, 2001, recommending Council action related to the appointments to the PAC for the proposed Strong Neighborhoods Initiative Redevelopment Project Area. (3) Memorandum from Redevelopment Agency Executive Director, Susan F. Shick, dated May 15, 2001 submitting additional information requested by staff in compliance with the Procedure for Formation of the Project Area Committee. (4) Memorandum from Mayor Gonzales, dated May 17, 2001, recommending the Rules Committee appoint the San José Chamber of Commerce to the Project Area Committee for the proposed Strong Neighborhood Initiative Redevelopment Project Area. (5) Memorandum from Vice Mayor Shirakawa, Jr., dated May 17, 2001, asking for a list of organizations to represent each Council District on the PAC. (6) Memorandum from Council Member LeZotte, dated May 9, 2001, recommending the appointment of Boynton West Neighborhood Association and West Side Property Owners to the Project Area Committee for the proposed Strong Neighborhoods Initiative Redevelopment Project Area. (7) Memorandum from Council Member Campos, dated May 21, 2001, recommending the appointments of the Mexican American Cultural Services Agency (MACSA) and the Lyndale Community Association as the two community organizations to serve on the PAC. (8) Memorandum from Council Member Yeager, dated May 21, 2001, recommending the appointment of the Sherman Oaks Neighborhood Association to serve on the SNI Project Area Committee. (9) Memorandum from Vice Mayor Shirakawa, Jr., dated May 16, 2001, recommending the appointment of the Springbrook Homeowners Association, the Tropicana-Lanai-Cunningham CAT, the Bellhurst Association, Fair Exchange, Mission Guadalupana De Santee, NAACP, and the Catholic Charities to serve on the SNI Project Area Committee. (10) Memorandum from Council Member Cortesé, dated May 23, 2001, recommending appointment of the East Side Union High School District as the first choice and, pending the written legal opinion as to ESUHSD’s qualifications, the appointment of Sikh Gurdwara if ESUHSD is legally disqualified. (11) Memorandum from Council Member Diquisto, dated May 21, 2001, requesting the appointment of the Buena Vista Neighborhood Association and the West San Carlos Street Business Association to serve on the SNI Project Area Committee. (12) Memorandum from Council Member Dando, dated May 18, 2001, recommending the appointment of the Almaden Hills United Methodist Church to serve on the PAC.

 

With Member Chavez dissenting, the Committee recommended approval of the following organizations for appointment to the Project Area Committee for the proposed Strong Neighborhoods Initiative Redevelopment Project Area:

·        Silicon Valley Chamber of Commerce (Mayor)

·        Boynton West Neighborhood Association (LeZotte)

·        West Side Property Owners (LeZotte)

·        Mexican American Cultural Services Agency (Campos)

·        Lyndale Community Association (Campos)

·        Sherman Oaks Neighborhood Association (Yeager)

·        Springbrook Homeowners Association (Shirakawa, Jr.)Tropicana-Lanai-Cunningham CAT (Shirakawa, Jr.)

·        Bellhurst Association (Shirakawa, Jr.)

·        Fair Exchange (Shirakawa, Jr.)

·        Mission Guadalupana De Santee (Shirakawa, Jr.)

·        NAACP (Shirakawa, Jr.)

·        Catholic Charities (Shirakawa, Jr.)

·        East Side Union High School (Cortesé) (City Attorney to determine if East Side Union High School District can be a full standing member of the Committee; if not, the Sikh Gurdwara will be appointed)

·        Buena Vista Neighborhood Association (Diquisto)

·        West San Carlos Street Business Association (Diquisto)

·        Almaden Hills United Methodist Church (Dando)

 

            (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 2:50 p.m.

 

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, the Rules Committee Report and actions of May 23, 2001 were accepted with all Redevelopment Agency items referred to the Redevelopment Agency Board for consideration. Vote: 11-0-0-0.

 

3.3       Report of the Finance and Infrastructure Committee – May 23, 2001

 

Documents Filed: Finance and Infrastructure Committee report of May 23, 2001.

 

            (a)        Consent Items:

                        (1)        April Monthly Reports. Attachment: Memorandum from City Auditor, Gerald A. Silva, dated May 16, 2001, transmitting a written report of the Office of the City Auditor’s activities for the period April 16 through May 15, 2001.

 

The Committee approved the Consent Item.

 

            (b)        Monthly Financial Report for March 2001. Attachment: Memorandum from Budget Director, Larry D. Lisenbee, dated May 16, 2001, submitting the monthly financial report for March, 2001.

 

The Committee accepted the staff report.

 

            (c)        General Airport Revenue Bonds, Series 2001A – Plan of Finance. Attachment: Informational memorandum from Director of Finance, Scott P. Johnson, dated May 16, 2001, recommending deferral of this item to the June 13, 2001 Finance & Infrastructure Committee meeting in order to allow for further development of the financing plan, better timing between the bond sale and the current contract award schedule, and refinement of the sizing of the bond issue.

 

            (d)        Monthly Financial Statement for April 2001.

 

            (e)        Capital Cost Report for April 2001.

 

            (f)         Cash Flow Projection.

 

Items 3.3(d), (e) & (f) were referred to the Redevelopment Agency Board for action.

 

            (g)        Oral petitions

 

Bill Chew spoke on the possibility of televising future meetings, and protested the existence of potholes and trenches on streets and sidewalks.

 

            (h)        Adjournment

 

The meeting was adjourned at 3:15 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 were accepted with Redevelopment Agency Items 3.3(d), (e) & (f) referred to the Redevelopment Agency Board for action. Vote: 11-0-0-0.

 

3.4       Approval of City Auditor Gerald Silva’s travel to Scottsdale, Arizona, from June 20-22, 2001, to attend the Western Intergovernmental Audit Forum, at a cost to the City of $497.  Funding:  City Auditor’s Non-Personal Budget.  (City Auditor)

 

Documents Filed: Memorandum from City Auditor, Gerald A. Silva, dated May 23, 2001, requesting approval of an additional item to the Auditor’s travel calendar through June 30, 2001.

 

Discussion/Action: This item was dropped.

 

3.5       Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Hellyer/Silver Creek Valley Road Development Project, West San Carlos Street Pedestrian Streetlight Project, East Santa Clara Pedestrian Lighting Project and the North San José Flood Control-Preliminary Engineering Project with a net impact to the fund of $1,379,325. (City Manager’s Office)

 

Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated May 11, 2001, recommending Council adopt said ordinance and funding sources resolution amendments.

 

Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Ordinance No. 26402, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $1,379,325 For Hellyer/Silver Creek Valley Road Development Project, West San Carlos Street Pedestrian Streetlight Project, East Santa Clara Street Pedestrian Lighting Project and North San José Flood Control; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70392, 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 Services For Redevelopment Capital Projects Fund”, were adopted. Vote: 11-0-0-0.

 

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

 

4.2       Approval of an ordinance of the City of San José amending Title 9 of the San José Municipal Code by adding a new Chapter 9.54 to restrict the discing of vegetation on certain lands.  CEQA:  Exempt.  (Planning, Building, and Code Enforcement)

            [Economic Development and Environment Committee referral 5/7/01 – Item 4.1(d)]

            (Deferred from 5/22/01 – Item 4.11)

 

Documents Filed: None.

 

Discussion/Action: This item was deferred to June 19, 2001.

 

4.3       PUBLIC HEARING on the designation of the Allen Apartments, located at 156 E. St. John Street, as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.  (Keith Watt, Owner).  CEQA:  Exempt.  (Planning, Building, and Code Enforcement)

            HL 01-125 – District 3

 

Documents Filed: (1) Memorandum from Historic Landmarks Commission Secretary James R. Derryberry, dated May 14, 2001, recommending that the City Council adopt a resolution on the designation of the Allen Apartments. (2) Affidavits of Routing and Mailing of Resolution No. 70393 designating The Allen Apartments as a City landmark, both dated July 31, 2001, submitted by the City Clerk. (3) Public Hearing Notice on the proposed designation of The Allen Apartments as an historic landmark, dated April 9, 2001, and Proof of Publication executed on April 20, 2001, submitted by the City Clerk.

 

Discussion/Action: Mayor Gonzales opened the public hearing on the landmark designation of the subject property. Speaking in favor of the proposed landmark status were Ellen Garboske of Preservation Action Council of San José, and property owner Keith Alan Watt. Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, the public hearing was closed and Resolution No. 70393, 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 Allen Apartments, Presently Located at 156 East Saint John Street, 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.

 

4.4       Adoption of a resolution pursuant to Section 20.28.620 of the former Zoning Ordinance to authorize the Adobe Phase II, Tower II Project to exceed the maximum floor area ratio (FAR), number of stories, and height development regulations of the C-3 Zoning District, with a height and bulk waiver for a Class A office tower totaling 268,783 gross square feet of office space, with a maximum height of 260 feet above grade (eighteen floors).  Planning Commission recommends approval (6-0-1).  Council District 3.  (Redevelopment Agency)

 

Documents Filed: (1) Memorandum from Redevelopment Agency Executive Director, Susan F. Shick, dated May 23, 2001, recommending the Redevelopment Agency Board and the City Council, pursuant to specified development regulations, authorize the project to exceed the maximum floor area ratio, number of stories, and height development.

(2) Letter from Planning Commission Chair, Jay Ross, dated May 24, 2001, reporting the comments made by the San José Planning Commission at its May 23, 2001 meeting regarding the waiver, and attaching the third submittal of the schematic design for the Adobe Phase II, Tower II Project, dated May 10, 2001.

 

Discussion/Action: William J. Garbett and Ross Signorino spoke in opposition to the proposed action. Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, Resolution No. 70394, entitled: “Resolution of the Council of the City of San José Approving, Pursuant to the Development Regulations Set Forth in Section 20.28.620 of the Former Zoning Ordinance, the Adobe Phase II, Tower II Project to Exceed the Maximum Floor Area Ratio, Number of Stories and Height Development Regulations for the C-3 Zoning District, With a Height and Bulk Waiver for a Class A Office Tower Totaling 268,783 Gross Square Feet of Office Space, With a Maximum Height of 260 Feet Above Grade (18 Floors), on the West Side of Almaden Boulevard Between West San Fernando Street and Park Avenue”, was adopted. Vote: 11-0-0-0.

 

4.5       (a)        PUBLIC HEARING and adoption of a resolution to:

                        (1)        Approve the Downtown Business Improvement District’s budget report for 2001-2002, as filed or as modified by City Council.

                        (2)        Levy the Downtown Business Improvement District’s assessments for 2001-2002.

            (b)        PUBLIC HEARING and adoption of a resolution to:

                        (1)        Approve the Japantown Business Improvement District’s budget report for 2001-2002, as filed or as modified by City Council.

                        (2)        Levy the Japantown Business Improvement District’s assessments for 2001-2002.

            (c)        PUBLIC HEARING and adoption of a resolution to:

                        (1)        Approve the Willow Glen Business Improvement District’s budget report for 2001-2002, as filed or as modified by City Council.

                        (2)        Levy the Willow Glen Business Improvement District’s assessments for 2001-2002.

            CEQA:  Exempt.  Council Districts 3 and 6.  (Economic Development)

 

Documents Filed: (1) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated May 14, 2001, recommending Council adopt said resolution approving the report and levying assessments for the Downtown Business Improvement District. (2) Resolution No. 70359 declaring Council’s intent to levy assessments in the Downtown BID and setting a date and time for the public hearing, and Proof of Publication of Resolution No. 70359 executed on May 25, 2001, submitted by the City Clerk. (3) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated May 14, 2001, recommending Council adopt said resolution approving the report and levying assessments for the Japantown Business Improvement District. (4) Resolution No. 70360 declaring Council’s intent to levy assessments in the Japantown BID, and Proof of Publication of Resolution No. 70360 executed on May 25, 2001, submitted by the City Clerk. (5) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated May 14, 2001, recommending Council adopt said resolution approving the report and levying assessments for the Willow Glen Business Improvement District. (6) Resolution No. 70361 declaring Council’s intent to levy assessments in the Willow Glen BID and setting a date and time for the public hearing, and Proof of Publication of Resolution No. 70361 executed on May 25, 2001, submitted by the City Clerk.

 

Discussion/Action: Mayor Gonzales opened the public hearings to consider the Fiscal Year 2001-2002 budget reports and the levying of assessments in the subject Business Improvement Districts. Karen Naeglee, representing the Willow Glen BID, addressed Council on the activities of the Willow Glen Business District. Upon motion by Council Member Chavez, seconded by Council Member Yeager and unanimously carried, the public hearings were closed, and the Budget Report from the Downtown Business Improvement District was approved as filed and Resolution No. 70395, entitled: “Resolution of the City of San José Approving the Budget Report of the Downtown Business Improvement District For Fiscal Year 2001-2002 and Levying Assessments in the District For Fiscal Year 2001-2002”, was adopted; Budget Report from the Japantown Business Improvement District was approved as filed, and Resolution No. 70396, entitled: “Resolution of the City of San José Approving the Budget Report of the Japantown Business Improvement District For Fiscal Year 2001-2002 and Levying Assessments in the District For Fiscal Year 2001-2002”, was adopted; and Budget Report from the Willow Glen Business Improvement District was approved as filed, and Resolution No. 70397, entitled: “Resolution of the City of San José Approving the Budget Report of the Willow Glen Business Improvement District For Fiscal Year 2001-2002 and Levying Assessments in the District For Fiscal Year 2001-2002”, was adopted. Vote: 11-0-0-0.

 

4.6       Approval of five master agreements for design consultant services with five landscape architecture firms for Various Park and Recreation Projects, with terms for each agreement from the date of execution to July 13, 2003, with: