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.
Pastor Dennis Moore, Metropolitan Community Church, delivered the invocation. (District 6)
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.
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.
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.
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:
(a) Moore Iacofano Goltsman, Inc., in the
amount of $500,000.
(b) Tom Richman & Associates, Inc., in
the amount of $500,000.
(c) Cottong & Taniguchi, in the amount
of $300,000.
(d) the beals group, inc., in the amount of
$300,000.
(e) MPA Design, in the amount of $300,000.
(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 said agreements.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the master agreements for design consultant services with Moore Iacofano Goltsman, Inc., Tom Richman & Associates, Inc., Cottong & Taniguchi, the beals group, inc., and MPA Design were approved and execution of the master agreements authorized. Vote: 11-0-0-0.
5.2 (a) (1) Approve
an increase in the construction project contingency by $676,000, from $875,000
to $1,551,000.
(2) Adopt a resolution authorizing the City
Manager to negotiate and execute an amendment to the Grow-in Agreement with San
Jose Golf, LLC, a California limited liability company, modifying the term of
“Gow-in”of the Tuers-Capitol Golf Course to commence on May 1, 2001, extending
the agreement term for an additional eight (8) months, to terminate on March 1,
2002, and increasing total compensation to an amount not to exceed $2,513,000.
(3) Adopt a resolution authorizing the City
Manager to negotiate and execute an amendment to the Operations and Maintenance
Agreement with San Jose Golf, LLC regarding Rancho del Pueblo Golf Course, to
allow the Class A Golf Course Superintendent for the Tuers-Capitol Golf Course
to also oversee maintenance of Rancho del Pueblo plus other related changes.
Council District 7. (Public Works/Conventions, Arts and
Entertainment)
(b) Adoption of appropriation ordinance and
funding sources resolution amendments in the City-wide Construction and
Conveyance Tax Fund Central Fund and the General Fund to provide an additional
$2,967,000 for the Tuers-Capitol Golf Course Project.
(City
Manager’s Office)
(Deferred
from 5/29/01 – Item 5.2)
Documents Filed: (1) Memorandum from Director of Conventions, Arts and Entertainment Nancy Johnson, and Acting Director of Public Works Rajeev Batra, dated May 31, 2001, recommending Council approve the construction project contingency increase and adopt said resolutions. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated June 1, 2001, recommending Council adopt said appropriation ordinance and funding source resolution amendments in the City-Wide Construction and Conveyance Tax Fund, the Central Fund, and the General Fund.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, the increase in the construction project contingency was approved and Resolution No. 70398, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Grow-In Agreement With San José Golf, LLC, A California Limited Liability Company, Modifying the Term of Grown-In Of the Tuers-Capitol Golf Course to Commence On May 1, 2001, Extending the Agreement Term For an Additional Eight (8) Months to Terminate on March 1, 2002, and Increasing Total Compensation to An Amount Not to Exceed $2,5413,000”; and Resolution No. 70399, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Operations and Maintenance Agreement With San José Golf, LLC, Regarding Rancho Del Pueblo Golf Course to Allow the Class A Golf Course Superintendent For the Tuers-Capitol Golf Course to Also Oversee Maintenance of Rancho Del Pueblo Plus Other Related Changes”; Ordinance No. 26403, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the City-Wide Construction and Conveyance Tax Fund, Central Fund and the General Fund to Provide $2,967,000 For the Tuers-Capitol Golf Course Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70400, 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 City-Wide Construction and Conveyance Tax Fund, Central Fund and the General Fund Fund”, were adopted. Vote: 11-0-0-0.
TRANSPORTATION SERVICES
6.2 PUBLIC HEARING and adoption of a
resolution approving the vacation of a portion of Skyway Drive north of
Houndshaven Way. CEQA: Resolution No. 65245. Council District 2. (Public Works)
Documents
Filed: (1) Memorandum from Acting
Director of Public Works Rajeev Batra, dated May 14, 2001, recommending Council
adopt said resolution. (2) Resolution No. 70346 setting a public hearing to
consider whether to vacate a portion of Skyway Drive, north of Houndshaven Way,
adopted May 15, 2001, and Proof of Publication executed on May 23, 2001,
submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the proposed vacation of the subject property. Council Member Reed entered a disqualification from participating in the discussion and decision on the proposed vacation, due to impacts on a source of income. William J. Garbett spoke against the proposed action. Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed and Resolution No. 70401, entitled: “Resolution of the Council of the City of San José Vacating a Portion of Skyway Drive, North of Houndshaven Way, and Reserving a Public Service Easement”, was adopted. Vote: 10-0-0-1. Disqualified: Reed, affect on source of income.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Report on bids and award of contract for
the Monterey - Riverside Sanitary Sewer Rehabilitation Phase II Project to the
low bidder, Pacific Underground Construction, Inc., in the amount of
$2,068,970, and approval of a contingency in the amount of $210,000. CEQA: Exempt. Council Districts 2 and 10.
(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 and approve the
contingency amount.
Discussion/Action: Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the report on bids was accepted and award of contract to Pacific Underground Construction, In., the low bidder, and the contingency amount were approved and execution of the contract authorized. Vote: 11-0-0-0.
7.2 (a) Acceptance of the report, the proposed
2000/01-2004/05 Workplan for the Rule 20A and Rule 20B (In-Lieu Fee)
Underground Utility Program, and the proposed Rule 20B (In-Lieu Fee)
Undergrounding Masterplan.
(b) Direction to staff to submit
periodic status reports to the Economic Development and Environment Committee
and the proposed Five-Year Workplan in one year.
(Public
Works)
Documents Filed: None.
Discussion/Action: This item was dropped.
7.3 Report on bids and award of contract for
the Street Lights Citywide 2001 Project to the sole bidder, Pacific Electric
Co., in the amount of $378,229.65, and approval of a contingency in the amount
of $38,000. CEQA: Exempt.
(Public Works)
Documents
Filed: (1) Supplemental Memorandum from
Acting Director of Public Works Rajeev Batra, dated May 29, 2001, noting the
reason for the supplemental memorandum and recommending Council accept
the bid report and award said contract and contingency to the sole bidder,
Pacific Electric Co. (2) Memorandum from
Acting Director of Public Works Rajeev Batra, dated May 22, 2001, recommending
Council accept the bid report and award said contract to the low bidder and
approve said contingency.
Discussion/Action: William J. Garbett spoke against the proposed action. Council Member Chavez stated the project provides for the installation of new streetlights and the upgrade of several existing lights in the Great Oaks Neighborhood area. She noted the scope of work and the number of projects to be completed and asked Staff to provide Council with a schedule of the work and projected dates of completion. Upon motion by Council Member Cortesé, seconded by Council Member Diquisto and unanimously carried, the report on bids was accepted and the award of contract to Pacific Electric Co., the sole bidder, and the contingency amount were approved with direction to Staff to provide Council with a schedule of streetlight construction and projected dates of completion. Vote: 11-0-0-0.
Council Member Yeager left Chambers during discussion of Item 7.4.
7.4 PUBLIC HEARING on approval of an
ordinance granting a Commercial Solid Waste and Recyclables Collection
Franchise and approval of a Commercial Solid Waste and Recyclables Collection
Franchise Agreement with Smurfit-Stone Container Corporation dba Smurfit-Stone
Recycling. (Environmental Services)
[Continued
from 5/8/01 – Item 7.1(v) and 5/29/01 – Item 7.1]
Documents Filed: See Minutes of May 8, 2001 City Council Meeting.
Discussion/Action:
Mayor Gonzales opened the public hearing on the Commercial Solid Waste and
Recyclables Collection Franchise and Commercial Solid Waste and Recyclables
Collection Franchise Agreement with Smurfit-Stone Container Corporation. There
was no discussion from the Floor. Upon motion by Council Member Williams,
seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public
hearing was closed and Ordinance No. 26404, entitled: “An Ordinance of the City
of San José Granting a Commercial Solid Waste and Recyclables Collection
Franchise to Smurfit-Stone Container Corporations DBA Smurfit-Stone Recycling”,
was passed for publication. Vote: 10-0-1-0.
Absent: Yeager.
Council Member Yeager returned to Chambers at this point in the meeting.
7.5 (a) Adoption
of a resolution approving business terms with Calpine/Bechtel in connection
with the proposed Metcalf Energy Center (MEC) power plant.
(b) Direction
to the City Manager and City Attorney to negotiate a final cooperation
agreement with Calpine/Bechtel based upon said terms and return to Council for
final approval by June 26, 2001.
(Mayor)
(Rules
Committee referral 5/30/01)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated May 30, 2001, recommending Council approve the proposed agreement and direct the City Manager and City Attorney to negotiate a final agreement with Calpine/Bechtel based upon the terms and return to Council for final approval by June 26, 2001. (2) Correspondence and electronic mail from concerned individuals conveying their viewpoints for and against the proposed Metcalf Energy Center (MEC).
Discussion/Action: Mayor Gonzales expressed appreciation for the efforts of Calpine/Bechtel to listen to the San José community and to make changes to the Metcalf Energy Center (MEC) proposal that would result in a project that better serves the people of San José. Noting the recent diffusion of misinformation regarding the water recycling pipeline and the mechanics of the system, he asked Staff to review the contents of the proposed agreement with Metcalf and the correlation to the recycled water pipeline and the long-term benefits to the City. Using a slide presentation, Director of Environmental Services Carl W. Mosher described the system as it exists today, potentially what the recycled water system will look like in the future, and where the City can capture additional customers. He stated the City has constructed a pipeline in excess of 60 miles with $140 million of improvements in a recycled water system that starts at the Water Pollution Control Plant and extends into Santa Clara, Milpitas and south to The Villages and Silver Creek Country Club; the point where an extension would occur to the south would be near Senter Road and Yerba Buena. With regard to potential sites where recycled water projects could occur, he stated Milpitas and Santa Clara to the north could capture additional residential and commercial customers, in the south the pipeline extends into Coyote Valley, and potentially sized to the purpose of providing additional water for the southern Santa Clara County customers.
As presented to the Finance and Infrastructure Committee approximately six months ago and then forwarded to Council for approval, he pointed out the four major areas related to the future of recycled water in San Jose; namely, to maximize the number of customers for recycled water, to increase the efficiency of the recycled water system, to use the present money in the budget related to the expansion of recycled water, which is approximately $90 million, and to work with the Water District related to partnerships on the expansion of the system. He stated Staff would address these and other issues when the final proposal is submitted to Council on June 26, 2001; in addition, Staff will address those opportunities in an action plan that was a part of the Auditor’s audit of the South Bay Water Recycling System. He discussed the customer potential in the southern alignment from the center of the Yerba Buena terminus to the proposed Metcalf Energy Center, which would capture the Lester Properties, Oak Grove High School, IBM facility, Santa Teresa Golf Course, and would be sized appropriately to capture other customers in North Coyote Valley, Mid-Coyote Valley, and South Coyote Valley, and would capture more than one dozen present users of ground water in the south and Mid-Coyote Valley. Including the Riverside/Jack Nicholas Golf Course Project, and farther into southern Santa Clara Valley, Morgan Hill and Gilroy, he stated there are more than two dozen users of ground water of the Water District’s area that potentially could use recycled water. As of today, the City of San José delivers over 10 million gallons of recycled water; all the areas noted can add another 3 to 5 million gallons of water per day to that system; the potential in Mid-Coyote Valley and southern Santa Clara Valley are upwards to 15 million gallons of use in partnership with the Water District. He stated the proposed Metcalf Energy Center would have approximately 3 million gallons of water delivered to the facility on a daily basis. He stated the purpose of the recycled water pipeline is that the City constructed the recycled water system to provide diversion flow from the Water Pollution Control Plant. He stated the City’s Regional Board Permit requires that the City, during the summer months, discharge less than 120 million gallons per day for an average of the 3 lowest flow months during the summer period. For the past 3 years, he stated the City has been under the flow cap – at approximately 117 to 118 gallons; because of the recycled water system and other conservation programs in place with commercial, industrial and residential customers, the City will be below 120 million gallons per day. He stated the key component of the diversion from the Water Pollution Control Plant is the recycled water pipeline system, which captures 10 million gallons per day; without that recycled water pipeline, without the customers using that water, the City would be above the 120 million gallons per day discharge from the Treatment Plant. He stated the proposed plan would achieve the City’s goal of improved local reliability and neighborhood protection, and with that agreement the City would gain additional measures to assure local safety and benefits for neighborhoods and affirmation of the City’s commitment to provide its fair share to meet regional energy needs. He stated the City manufactures recycled water in accordance to Title 22 of the State of California, which requires the use of recycled water for power plants, where recycled water is available; currently, there is a cogeneration facility located at San José Sate University that uses recycled water in its cooling towers; the State is the licensing agency for this type of power plant.
Mayor Gonzales prefaced Council discussion with an introduction of the approved Smart Energy Plan’s focus – which is to (a) achieve greater energy conservation by residents, businesses, and government, (b) create more energy production with generating facilities that are appropriately sized, located, and operated to prevent adverse impacts on neighborhoods; and (c) achieve solutions collaboratively with other local governments and businesses in the region – and recommended Council approve the direction contained in his May 30, 2001 memorandum. He stated the terms of the proposed agreement provide for the City of San José (1) to support and provide municipal services for construction of the 600-megawatt natural gas-fueled power plant in the Coyote Valley in South San José, (2) to provide all requested municipal services in a timely manner at standard rates and terms applicable to similar uses, and process annexation of that portion of the site not already within City limits, and (3) that specific conditions of the agreement include neighborhood protection technologies, community benefits, and cooperation between Calpine/Bechtel and the City of San José in the support of applicable state legislation. In addition to the terms and conditions of the conceptual agreement, Council deliberation included numerous items for response; namely, the contents of the Auditor’s report and recommendations that Staff provide a detailed cost benefit analysis of the pipeline buildout as contained in the audit; the locations of the two full air quality monitoring stations and the frequency of the monitoring and by whom; clarification of the provision that “Calpine/Bechtel and the City agree to negotiate in good faith by the end of the 5-year period to determine if future restrictions are needed to reasonably address concerns on public health impacts from startups”, and whether that involves different technologies; find out from the California State Energy Commission Staff the answer regarding the Environmental Impact Report review process and the possibility for the City of San José to have the water system evaluated; direction for Staff to determine the interests of private enterprise to provide pipeline for water service to Metcalf, and whether that service can be provided without charge to the City; that Staff refine the customer list and canvass potential customers regarding their willingness to use recycled water or their plans to construct a smaller pipe off the City’s pipeline; reconsideration of information presented in the November 13, 2001 report on water resources; and that Staff develop a definitive plan and timeline for the desalination of water to be utilized by Calpine, including penalties and mechanisms for the mitigation of noise impacts created by MEC. Mayor Gonzales stated the proposed agreement and responses to Council concerns would be presented for consideration at the June 26, 2001 meeting.
The following individuals spoke in favor of the proposal for the Metcalf Energy Center: Tommy Fulcher, Executive Director, ESO; Houghton Sawyer; Armon Mills, Publisher, Silicon Valley Business; Ken Alvareu; Jim Cunneen, CEO, San José Silicon Valley Chamber of Commerce; Rick Callender, San José-Silicon Valley N.A.A.C.P.; Ross Signorino; Loyd Williams, Plumbers & Fitters Local 393; Kurt Newick, Loma Prieta Chapter of the Sierra Club; Neil Struthers, Deputy Executive Officer, Santa Clara County Building Trades Council; and Beckley Driessel, Association For Good Government. The following individuals spoke in opposition to the proposal: Robert F. Williams; Robert Danziger; John MacKay, Elizabeth Cord, Santa Teresa Citizen Action Group; William J. Garbett; Ted Smith, Silicon Valley Toxics Coalition; Phil Mitchell; Joan Denz-Hamilton; Steve Nelson; Scott Schulz; Diana Halvarson; Michael Boyd, President, Californians For Renewable Energy, Inc.; Laura Chilton, Prersident, Villa De Santa Teresa Neighborhood Association; Robert A. Wilson; Marcy Kohler; Mike Murphy; Effie Mae Buckley; Tim Alton; Jeff Wade; John Messina; Michael T. Cabrey; Pete Campbell; Ruth Rouse; Ann Webb; and Suzanna Wong.
Council Member Williams spoke in favor of SCONOX and in opposition to the location of the power plant. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and carried, the recommendation proposed by Mayor Gonzales to (a) approve the proposed agreement on Metcalf Energy Center (MEC) business terms for the development/cooperation agreement, and (b) direct the City Manager and the City Attorney to negotiate a final cooperation agreement with Calpine/Bechtel based upon terms contained in the agreement was approved for return to Council for final adoption on June 26, 2001, and to include in a report to Council responses to the concerns raised during today’s meeting; and Resolution No. 70402, entitled: “A Resolution of the Council of the City of San José Approving Business Terms for a Proposed Agreement With Calpine/Bechtel in Connection With the Proposed Metcalf Energy Center Power Plant”, was adopted. Vote: 10-1-0-0. Noes: Williams.
AVIATION SERVICES
8.1 Acceptance of the Report on the Airport
Peer Review. (Airport)
Documents Filed: None.
Discussion/Action: This item was dropped.
PUBLIC SAFETY SERVICES
9.1 (a) Acceptance of the Fire Department Strategic Plan,
prepared by Emergency Consulting and Research Center, for use as a foundation
for current and future Fire Department service improvements and related funding
decisions.
(b) Direction to the City Manager to submit
a comprehensive Master Planning Report to Council by September 2001 that
integrates the Strategic Plan’s findings and long-term recommendations with
other pending or recently completed Fire Department studies, including a
process for prioritizing, funding, and implementing recommendations.
(Fire)
Documents Filed: None.
Discussion/Action: This item was deferred to June 26, 2001.
The City Council recessed at 5:49 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, LeZotte, Shirakawa Jr. Williams, Yeager; Gonzales
Absent: Council Members: Diquisto, Reed (both excused).
City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications and other actions as recommended. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the below noted continuances and other actions were granted. Vote: 9-0-2-0. Absent: Diquisto, Reed.
11.1 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the easterly terminus of Skyway Drive, from
(A) PD Planned Development Zoning District and R-1:B-6 Residence District to
(A) PD Planned Development Zoning District, to allow: (1) secondary access to Diamond Heights Drive; (2) an increase in
the maximum number of students from 1200 to 1400; (3) hard court and parking
uses on areas previously designated for open space, and (4) deletion of the
requirement to implement a busing program; and (5) combination of the
previously approved portions of an existing high school and church campus under
one Planned Development Zoning District on 52.68 gross acres. (Valley Christian Schools and South Valley Christian
Church, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code
Enforcement and Planning Commission recommend denial (6-0-1).
PDC
00-08-065 - District 2
(Continued
from 12/12/00 – Item 15k et al., and 5/15/01 – Item 11.2)
Documents Filed: None.
Discussion/Action: This item was continued to June 19, 2001.
11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located on the east side of North First Street, 250
feet southerly of Burton Avenue, from CN Neighborhood Commercial Zoning District
to A(PD) Planned Development Zoning District, to allow a reduction in parking
requirements for existing restaurant uses on 0.36 gross acres. (Cortese, Owner; Tafreshi, Developer). CEQA:
Negative Declaration. Director
of Planning, Building and Code Enforcement and Planning Commission recommend
approval (7-0-0).
PDC
01-02-013 - District 3
(Continued
from 4/3/01 – Item 11.7 et al., and 5/15/01 – Item 11.10)
Documents Filed: None.
Discussion/Action: This item was continued to June 19, 2001.
11.4 PUBLIC HEARING ON CONVENTIONAL REZONING
INITIATED BY THE DIRECTOR OF PLANNING of the properties located at the west
side of North 5th Street, 140 feet northerly of East Santa Clara
Street, from R-M Residence Zoning District to CP Commercial Zoning District, on
0.43 gross acre. CEQA: Resolution No. 65459.
C
01-04-055 - District 3
(Continued
from 5/15/01 – Item 11.9)
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated May 4, 2001, transmitting the Department of Planning, Building and Code Enforcement Staff Report on Project File Number C01-04-055, dated May 1, 2001, recommending approval of the proposed rezoning and that Council adopt an ordinance rezoning the subject site. (2) Public Hearing Notice to consider a change in Zoning for C01-04-055 dated April 20, 2001, and Proof of Publication executed on April 27, 2001, submitted by the City Clerk
Discussion/Action: This item was dropped.
11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the northwest corner of Union Avenue and
Highway 85, from the A(PD) Planned Development and IP Industrial Park Zoning
Districts to A(PD) Planned Development Zoning District, to allow an additional
85,000 square feet of office space, 2 parking structures (4 and 5 levels),
21,888 square feet for a private fitness center to an existing 587,000 square
foot industrial office/R&D campus site on 31.18 gross acres. (Xilinx, Inc.,
Owner/Developer). CEQA: Negative Declaration.
PDC
01-01-009 - District 9
Documents Filed: None.
Discussion/Action: This item was continued to June 19, 2001.
11.7 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the south side of University Avenue,
approximately 170 feet easterly of The Alameda, from A(PD) Planned Development
Zoning District to A(PD) Planned Development Zoning District, to allow 5
single-family courthomes on 0.46 gross acre.
(Jesse & Jemma Jack/Claddagh Construction Co., Owners; Claddagh
Construction Co., Developer).
CEQA: Negative Declaration.
PDC
01-02-030 - District 6
Documents Filed: None.
Discussion/Action: This item was continued to June 19, 2001.
11.8 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the south side of Balbach Street, 200 feet
westerly of Market Street, from C-3 Commercial Zoning District to A(PD) Planned
Development Zoning District, to allow up to 12 attached dwelling units on 0.40
gross acre. (Des Nolan,
Owner/Developer.) CEQA: Resolution No. 68839. Director of Planning, Building, and Code Enforcement
and Planning Commission recommend approval (6-0-1).
PDC
00-05-043- District 3
Documents Filed: None.
Discussion/Action: This item was continued to June 19, 2001.
11.9 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the west side of Lone Hill Road, 350 feet
northerly of Los Gatos-Almaden Road, from R-1:B-8 Residence Zoning District to
A(PD) Planned Development Zoning District, to allow up to two single-family
detached units on 0.47 gross acre.
(Christopher Harris and Marco DeGeorge, Owner/Developer). CEQA:
Exempt.
PDC
00-08-076- District 9
Documents Filed: None.
Discussion/Action: This item was continued to June 19, 2001.
11.12 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the easterly side of Winchester Boulevard,
opposite Olin Avenue and Olsen Drive, from A(PD) Planned Development Zoning
District to A(PD) Planned Development Zoning District, to allow an expansion of
the project area, an increase in commercial space of approximately 75,000
square feet (total 680,000 square feet), an increase in hotel rooms of 190
(total 404 rooms), an addition of one residential unit (total of 1201), and an
increase in height of 30 feet (total of 120 feet), for two future buildings as
approved with General Plan Amendment File No. GP 00-T-10, on 40.788 gross
acres. (FRIT San José Town &
Country Village, LLC & San José Residential, Inc., Owner/Developer). CEQA:
Resolution No. 68210. Director
of Planning, Building and Code Enforcement and Planning Commission recommend
approval (6-0-1).
PDCSH
01-02-023 - District 6
Documents Filed: None.
Discussion/Action: This item was continued to June 19, 2001.
11.13 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located on the both sides of McCarthy Boulevard, at
the westerly terminus of Dixon Landing Road, from A Agriculture Zoning District
to A(PD) Planned Development Zoning District, to allow development of up to
24,900 square feet of office use, up to 8,500 square feet of commercial uses,
and a gasoline service station with up to eight (8) fueling stations with a car
wash facility on 0.56 gross acre. (Los
Esteros Ranch Partnership, Owner; Will Oswald, Developer). CEQA:
Negative Declaration. Director
of Planning, Building and Code Enforcement and Planning Commission recommend
approval (4-2-1).
PDC
99-09-078 - District 4
Documents Filed: None.
Discussion/Action: This item was continued to June 19, 2001.
11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the northwest corner of Locust Avenue and
Edwards Street, from A(PD) Planned Development Zoning District to A(PD) Planned
Development Zoning District, to allow transitional housing for disaster victims
at an existing dormitory on 0.31 gross acres. (Redevelopment Agency of the City
of San José, Owner; City of San José, Developer). CEQA: Exempt. Director of
Planning, Building and Code Enforcement and Planning Commission recommend
approval (7-0-0).
PDC
01-04-051 - District 3
(Continued
from 5/1/01 – Item 11.5)
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated April 26, 2001, stating the Planning Commission voted unanimously to recommend that the City Council adopt an ordinance to approve the subject rezoning. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 19, 2001, transmitting the Staff Report on Project File Number PDC 01-04-051 dated April 18, 2001, recommending approval of the proposed zoning. (3) Public Hearing Notice to consider a change in Zoning for PDC 01-04-051 dated April 6, 2001, and Proof of Publication executed on April 13, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26405, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Northwest Corner of Locust Street and Edwards Avenue” was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, Reed.
11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the northeasterly corner of Rue Ferrari and
Silicon Valley Boulevard, from A(PD) Planned Development Zoning District to
A(PD) Planned Development Zoning District, to allow the demolition of an
existing restaurant and the addition of up to 57 new hotel rooms on an existing
hotel site on 5.03 gross acres.
(Michael Blatt/San José Hotel, Owners/Developer). CEQA:
Resolution No. 70021. Director
of Planning, Building and Code Enforcement and Planning Commission recommend
approval (6-0-1).
PDC
01-02-012 - District 2
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated May 23, 2001, stating the Planning Commission voted to recommend that the City Council adopt an ordinance to approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 01-02-012 dated April 19, 2001, and Proof of Publication executed on April 27, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26406, entitled: “Ordinance of the City of San José Rezoning Certain Real Property situated On the Northeasterly Corner of Rue Ferrari and Bernal Road”, was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, Reed.
11.10 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the west side of North 7th
Street, 250 feet northerly of East Taylor Street, from LI Light Industrial
Zoning District to A(PD) Planned Development Zoning District, to allow up to 28
single-family attached dwelling units on 1.25 gross acres. (850 “F” Street,
LLC, Owner; Classic Communities, Developer). CEQA: Negative Declaration.
Director of Planning, Building, and Code Enforcement and Planning Commission
recommend approval (6-0-1).
PDC
01-01-007 - District 3
Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated May 14, 2001, stating the Planning Committee voted to recommend that the City Council adopt an ordinance rezoning the subject site as proposed by the applicant. (2) Public Hearing Notice to consider a change in Zoning for PDC 01-01-007 dated April 18, 2001, and Proof of Publication executed on April 27, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26407, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the West Side of North Seventh Street, 250 Feet Northerly of East Taylor Street”, was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, Reed.
11.11 PUBLIC HEARING ON PLANNED DEVELOPMENT
REZONING of the property located at the south side of Alum Rock Avenue, from
R-1-8 Residential Zoning District to A(PD) Planned Development Zoning District,
to allow construction of 25 multiple family attached residential units on 1.09
gross acres. (Charities Housing
Development Corp., Owner; Fontaine Trust and Joseph Salvadore Investment Co., Developer).
CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement
and Planning Commission recommend approval (6-0-1).
PDC
00-08-078 - District 5
Documents
Filed: (1) Memorandum from Planning Commission Secretary James R.
Derryberry, dated May 24, 2001, stating the Planning Committee voted to
recommend that the City Council adopt an ordinance to approve the subject
rezoning. (2) Public Hearing Notice to consider a
change in Zoning for PDC 00-08-078 dated April 18, 2001, and Proof of
Publication executed on May 11, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Campos, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26408, entitled: “Ordinance of the City of San José Rezoning From R-18 to A(PD) Certain Real Property Situated on the South Side of Alum Rock Avenue in District 5”, was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, Reed.
11.14 PUBLIC HEARING ON CONFORMING PLANNED
DEVELOPMENT REZONING of the property located at the southwest corner of Coleman
Avenue and West Hedding Street, from A(PD) Planned Development Zoning District
to A(PD) Planned Development Zoning District, to allow a 59-room, four-story
hotel on 0.46 gross acre. (Pinn Brothers Construction, Owner/Developer). CEQA:
Negative Declaration. Director of Planning, Building, and Code Enforcement
recommends approval.
PDC
01-03-037 - District 3
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PDC 01-03-037 dated May 15, 2001, recommending Council adopt an ordinance rezoning the subject site. (2) Public Hearing Notice to consider a change in Zoning for PDC 01-003-037 dated May 14, 2001, and Proof of Publication executed on May 25, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Paul Ramirez spoke against the proposed rezoning. Upon motion by Council Member Campos, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26409, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southwest Corner of Coleman Avenue and West Hedding Street”, was passed for publication.
Vote: 9-0-2-0. Absent: Diquisto, Reed.
STRATEGIC SUPPORT SERVICES
3.6 Report and recommendations of the
Redistricting Advisory Commission.
(Mayor)
(Rules
Committee referral 5/30/01)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated June 5, 2001, stating Council will consider the report and recommendation of the Advisory Commission and adopt a redistricting ordinance following two additional evening meetings in August 2001. (2) Memorandum from Redistricting Advisory Commission Chair Frank Fiscalini, dated May 23, 2001, submitting the report and recommendation for Redistricting Ordinance.
Discussion/Action: As Redistricting Advisory Commission Chair and Former Council Member, Frank Fiscalini presented an overview of the formal report beginning with the appointment of the Commission on January 30, 2001 by the City Council and the process that extended from March through May of 2001. He reviewed the criteria and preparation and development plans in direct response to comments provided at meetings of the Commission. He stated the Commission voted on May 23, 2001 to unanimously recommend (1) that the City Council adopt a redistricting ordinance in accordance with the report and the redistricting map identified as the Ten Percent No. 4 Plan; (2) that Council consider a Charter amendment that changes the beginning of the 120-day period for the Commission to submit its report to start from the day of receipt of federal census data or from the day of appointment of the Commission, whichever is later, in order to allow future commissions ample time to complete the redistricting process; and (3) that following mid-decade population projections that the City Council establish a body such as a Charter Review Committee to study the impact of additional population on Council representation and the possible need for additional Council District. Mayor Gonzales commended the Commission for their hard work in a short period of time, and suggested Council consider taking comments from the public at two additional evening meetings in August to ensure that the residents have sufficient time to provide input on proposed boundary changes. He stated the Planning Department has committed to working with the Mayor and Council throughout the summer to answer any questions on how proposed changes may affect the plan as recommended by the advisory commission. Rick Callender spoke in support of the report. By unanimous consent, Council to review the report and recommendations for consideration and action in August 2001.
Vote: 11-0-0-0.
The Council of the City of San José adjourned at 7:45 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK