MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
AUGUST 14, 2001
The regularly scheduled Closed Session of the Council of the City of San Jose was cancelled and the City Council convened in Regular Session at 1:30 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.
Artist Ngoc Dzung, well-known 16-string zither master and a former instructor at the Conservatory of Music in Saigon, Vietnam, and founder of the Echo of the Motherland ensemble in 1985, participated in a three-member ensemble comprised of Ngoc Dzung Nguyen, artist, Ngoc Han “Louise” Tran, daughter of the artist, and Phi Dzung, local student, as they performed “Flowering Plant”. (District 7)
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 plaques to Mildred Bloom for 4 years service on the Historic Landmarks
Commission; to Mark Lazzarini for 4 years service on the Historic Landmarks
Commission; to Winston Chew for 4 years service on the Library Commission; to
Lillian Jones for 7 years service on the Library Commission; to Kathryn Joesten
for 5 years service on the Parks and Recreation Commission; to Ann Marquino for
4 years service on the Parks and Recreation Commission; to Francisco Valenzuela
for 1 year 7 months service on the Parks and Recreation Commission; to Don
Blankenship for 4 years service on the Senior Citizens Commission; to Donice
Wagner for 4 years service on the Senior Citizens Commission; to Henry Hekker
for 3 years seven months service on the Traffic Appeals Commission; to Pedro
Perales for 3 years 7 months service on the Traffic Appeals Commission; and to
Sheri Stonier-Montoya for 4 years service on the Traffic Appeals
Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales acknowledged the contributions of each Commissioner and presented plaques to Mildred Bloom, Mark Lazzarini, Winston Chew, Ann Marquino, Francisco Valenzuela, Don Blankenship, Donice Wagner, and Sheri Stonier-Montoya, and expressed the City Council’s appreciation for the volunteers’ contributions to the citizens of San José. The plaques for Commissioners Lillian Jones, Kathryn Joesten, Henry Hekker, and Pedro Perales will be mailed, as the honorees were unable to attend the meeting.
1.4 Presentation from Congressman Mike
Honda. (Mayor)
(Rules Committee referral 8/8/01)
Documents Filed: None.
Discussion/Action: Congressman Mike Honda congratulated Council Member Nora Campos, newly elected representative of District 5, for a successful campaign; thanked Mayor Gonzales and the City Council for the invitation to address the Legislative Body; and presented a comprehensive summary of congressional activities affecting local jurisdictions in the areas of transportation and mass transit, budgets and appropriations, and science and technology. As a member of several Congressional Committees – Transportation, Budget, and Science and Technology – he elaborated on the lobbying efforts conducted in support of the general economy of the Valley, and the application of prescribed methodologies prior to budget implementation efforts, principally, full funding for special education programs in Congressional District 15; specifically, local general fund discretionary monies set aside would be approximately $20 million. In view of the fact current House appropriations do not include funding for special education programs, he urged the City Council to lobby the Conference Committee to incorporate in the Education Bill, which is to be forwarded to the President for signature, stipulation for additional funds to be appropriated over six years for special education programs. With respect to transportation issues and the passage of ISTEA (Intermodal Surface Transportation Efficiency Act) in 1991, he stated a new process was initiated which required regional consensus as a high priority for funding at the federal level; therefore, a Letter of Consensus was contracted by nine Bay Area Congressional representatives in support of assistance from local governments that would produce a long-lasting and prevailing process for transportation. He stated regular meetings transpire between District 15, Congresswoman Ellen Tauscher, and the Transportation Roundtable that is comprised of stakeholders of mass transit – ACE (Altamont Commuter Express), BART (Bay Area Rapid Transit District), VTA (Valley Transportation Authority), MTC (Metropolitan Transportation Commission) as well as other agencies – for the purpose of reviewing current transportation issues and mitigation measures. Once consensus is reached on a regional plan, he stated the Congressional Delegation would petition the federal government for essential funding to concentrate on transportation needs of the entire region. Because of the “anti-California/anti-New York” sentiment existent in Congress related to levels of federal funding, he stated the 1999 formula, which “capped” funding allocation at 25% of federal funding for mass transit, is inadequate for California and New York, since each State experiences in excess of 50% of the mass transit ridership and commuters nationwide; therefore, Senators Boxer and Feinstein were successful in deferring action on the legislation, which has resulted in California receiving $113 million in federal funding, or $35 million for mass transit in the Bay Area. On behalf of the City Council, Mayor Gonzales expressed appreciation to Congressman Honda for the summation, and extended an invitation to the Congressman to return for continued dialogue on education and health and human services and the exchange of information related to appropriations for water delivery and continued challenges created by regional transportation affecting the City of San José.
Mayor Gonzales left Council Chambers at 2:00 p.m.
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: 10-0-1-0. Absent: Gonzales.
2.1 Approval of City Council Minutes for the
Regular meeting of May 8, 2001
(City Clerk)
Documents Filed: Minutes of the regular meeting of May 8, 2001.
Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Mayor Gonzales.
2.3 Approval
to add positions, that expire on June 30, 2002, in the Department of Parks,
Recreation and Neighborhood Services’ Community Based Aftercare Program. (City Manager’s Office)
Documents Filed: Memorandum from Larry D. Lisenbee, Budget Director, dated July 23, 2001, recommending Council approve additional positions in the Community Based Aftercare program.
Discussion/Action: The request to add positions that expire on June 30, 2002, in the Department of Parks, Recreation and Neighborhood Services’ Community Based Aftercare Program was approved. Vote: 10-0-1-0. Absent: Gonzales.
2.4 Adoption
of appropriation ordinance and funding sources resolution amendments in the
General Fund to rebudget funding from FY 2000-2001 for the acquisition of books
project in the Library Department, in the amount of $621,000.
(City Manager’s Office)
Documents Filed: Memorandum from Larry D. Lisenbee, Budget Director, dated July 25, 2001, recommending Council adopt said appropriation ordinance and related revenue resolution amendments for the subject project.
Discussion/Action: Ordinance No. 26451, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the General Fund in the Amount of $621,000 for the Acquisition of Books Project in the Library Department; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and “Resolution No. 70567, A Resolution of the Council of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, were adopted. Vote: 10-0-1-0. Absent: Gonzales.
2.5 Approval
of an agreement with Harding ESE, Inc. to operate,
maintain, monitor, and provide regulatory reporting services for the
groundwater treatment system at the closed Story Road landfill, for a term
retroactive from April 1, 2001 through March 31, 2002, in an amount not to
exceed $120,000.
(Environmental Services)
Documents Filed: Carl W. Mosher, Director, Department of Environmental Services, dated July 25, 2001, recommending Council approve said agreement with Harding ESE, Inc.
Discussion/Action: William J. Garbett spoke against the proposed action. The agreement with Harding ESE, Inc., for said services was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.
2.6 Adoption of a resolution
authorizing the City Manager to negotiate and execute a cost sharing agreement
with the Santa Clara Valley Water District for the implementation of water
conservation programs, for the period July 1, 2001 to June 30, 2002. (Environmental Services)
Documents Filed: (1) Carl W. Mosher, Director, Department of Environmental Services, dated July 25, 2001, recommending Council adopt said resolution pertaining to a cost sharing agreement with the Santa Clara Water District for said programs. (2) Memorandum from the Treatment Plant Advisory Committee for the San José/Santa Clara Water Pollution Control Plant, dated August 9, 2001, stating concurrence with the Staff recommendation for said project.
Discussion/Action: Resolution No. 70568, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With the Santa Clara Valley Water District for Cost Sharing in the Implementation of Water Conservation Programs for Fiscal Year 2001-2002”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.
2.7 Approval
of award of open purchase orders for supplies, materials, equipment, and
services for FY 2001-2002 #3, and authorization for the Director of General
Services to execute the purchase orders.
(General Services)
Documents Filed: Memorandum from Francis B. McVey, Acting Director, General Services Department, dated July 23, 2001, recommending Council award said open purchase order List #3 and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The approval of open purchase orders for FY2001-2002 List #3 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 10-0-1-0. Absent: Gonzales.
2.8 (a) Adoption of a resolution authorizing the
Director of General Services to execute an agreement with the Oakland Museum of
California Conservation Lab for repair of the statue in an amount not to exceed
$44,000; and
(b) Adoption of a resolution authorizing the
Director of General Services to negotiate and execute associated contracts with
other specialty vendors for the transportation, installation, and stabilization
as necessary, not to exceed an additional $21,000, for a total project cost of
$65,000.
(c) Adoption of appropriation ordinance and
funding sources resolution amendments in the General Fund in the amount of
$65,000.
(General Services/City Manager’s
Office)
Documents Filed: Memorandum from Francis B. McVey, Acting Director, General Services Department, and from Larry D. Lisenbee, Budget Director, dated July 25, 2001, recommending Council adopt said resolutions and ordinance amendments pertaining to the repair and reinstallation of the Christopher Columbus Statue and related General Fund appropriation ordinance and related revenue resolution amendments.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 70569, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Agreement With the Oakland Museum Conservation Lab for the Repair of the City’s Christopher Columbus Statue”; Resolution No. 70570, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute Agreements With Specialty Contractors for the Transportation, Installation, and Stabilization Involved With the Repair of the Christopher Columbus Statue”; Ordinance No. 26452, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the General Fund in a Total Amount of $65,000 For Repair and Reinstallation of Christopher Columbus Statue; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70571, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, were adopted. Vote: 10-0-1-0. Absent: Gonzales.
2.9 Adoption
of a resolution accepting a donation in the amount of $25,000 from Friends of
the San José Public Library for the Library Summer Reading Club. (Library)
Documents Filed: Memorandum from San José Librarian Jane Light, dated July 25, 2002, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70572, entitled: “A Resolution of the Council of the City of San José Accepting a Donation of $25,000 From the Friends of the San José Public Library to be Used for the Summer Reading Club”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.
2.10 Approval
of the proposed use of settlement funds in the amount of $190,000, for the
historic preservation program, for several high priority preservation projects
in the City. (Planning, Building and
Code Enforcement/Historic Landmarks Commission)
Documents Filed: Memorandum from Joseph Horwedel, Acting Director, Department of Planning, Building and Code Enforcement, dated July 24, 2001, recommending Council approve the proposed use of settlement funds for said project.
Discussion/Action: This item was dropped from the Agenda.
2.11 Adoption
of a resolution initiating proceedings and setting September 11, 2001 at
1:30 p.m. for a public hearing on the reorganization of territory
designated as McKee No. 119, which involves the annexation to the City of San
José of 3.8 acres of land, located on the east side of North White Road,
approximately 450 feet northerly of McKee Road, and the detachment of the same
from the Central Fire Protection District, County Library Service Area No. 1,
and County Lighting Services.
CEQA: Exempt. Council District 5.
(Planning, Building and Code
Enforcement)
Documents Filed: Memorandum from Joseph Horwedel, Acting Director, Department of Planning, Building and Code Enforcement, dated July 27, 2001, recommending Council adopt said resolution pertaining to the proposed reorganization of territory designated as McKee No. 119. and related actions.
Discussion/Action: Resolution No. 70573, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as McKee No. 119 and Described Herein, and Setting the Time and Place for consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.
2.12 Adoption
of a resolution initiating proceedings to consider the following properties as
landmarks of special historic, architectural, cultural, aesthetic, or
engineering interest or value of a historic nature, referring these proposed
nominations back to the Historic Landmarks Commission for its recommendation,
and setting a public hearing on October 2, 2001 at 1:30 p.m. for City
Council consideration:
(a) Center for the Performing Arts, 241-271 Park Avenue
(b) Commercial
Building, 22 N. First Street
(c) Knights
of Columbus Building, 34-40 N. First Street
(d) Farmer’s
Union Building, 151 W. Santa Clara Street
(e) Realty
Building, 19 N. Second Street
(f) Masson
Building, 161 W. Santa Clara Street
(g) Porter
Stock Building, 85-91 S. First Street
(h) Sainte
Claire Building, 301 S. First Street
(i) Rucker
House, 418 S. Third Street
(j) Twohy
Building, 200-210 S. First Street
(k) Anglo-California
National Bank, 101 W. Santa Clara Street
(l) Pratt/Brackett
House, 469 S. Third Street
(m) Stern/Fischer
House, 132 Pierce Street
(n) W.
Prussia Building, 371 S. First Street
(o) Wright/Bailey
House, 312-314 S. Third Street
(p) Pritchard/Renzel
House, 524 S. Almaden Avenue
(q) Sunol
Building, 127-145 Post Street
(r) Costa
& Miller Building, 520 S. First Street
Council District 3. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Joseph Horwedel, Acting Director, Department of Planning, Building and Code Enforcement, dated July 24, 2001, forwarding the Historic Landmarks Commission’s recommendation that Council initiating proceedings to consider the subject buildings eligible for City landmark status, and forward the proposed nominations back to the Historic Landmarks Commission for its recommendation.
Discussion/Action: Resolution No. 70574, entitled, “Resolution of the Council of the City of San José Initiating Proceedings on its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, to Designate 18 Resources Identified in this Resolution as City Landmarks of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, was adopted with direction to Staff to provide Council with a copy of noticing information sent to property owners and tenants of the proposed historic landmarks. Vote: 10-0-1-0. Absent: Gonzales.
2.13 Adoption
of a resolution declaring an 871 square foot portion of City-owned land,
located on the south side of 8th Street between Keyes Street and
Bestor Street, surplus to the needs of the City, and authorizing its sale to
Jorge and Micaela Segura for $9,800.
Council District 3. SNI: Spartan/Keyes. (Public Works)
Documents Filed: Memorandum from Rajeev Batra, Acting Director, Public Works Department, dated July 25, 2001, recommending Council adopt said resolution pertaining to the sale of surplus property.
Discussion/Action: Resolution No. 70575, entitled, “A Resolution of the Council of the City of San José Declaring a Parcel of City-Owned Property, Located on the South Side of 8th Street Between Keyes and Bestor Street, Surplus to the Needs of the City and Approving an Agreement to Sell Such Property to Jorge and Micaela Segura”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.
2.14 Approval of an agreement with Scott
and Donna Gillette, for the purchase of a 5,198 square foot strip of real
property located at 3241 Williams Road in the amount of $88,700, and
authorization for the Director of Public Works to execute the necessary
documents to complete the transaction.
CEQA: Exempt. Council District 1. SNI:
Winchester. (Public Works)
Documents Filed: Memorandum from Rajeev Batra, Acting Director, Public Works Department, dated July 25, 2001, recommending Council approve said agreement pertaining to the proposed purchase of real property.
Discussion/Action: The agreement with Scott and Donna Gillette for the purchase of certain real property was approved and execution of the necessary documents authorized. Vote: 10-0-1-0. Absent: Gonzales.
2.15 Report
on bids and award of contract for the Central Service Yard Emergency Generator
Project to the low bidder, Steiny and Co., Inc., in the amount of $270,620, and
approval of a contingency in the amount of $30,000. CEQA: ND.
(Public Works)
(Deferred from 6/5/01 – Item 2.14 et
al., and 8/7/01 – Item 2.3)
Documents Filed: None.
Discussion/Action: This item was deferred to August 21, 2001.
Mayor Gonzales returned to Council Chambers at this point in the meeting.
3.2 Report of the Rules Committee – August 8,
2001
Documents Filed: Rules Committee report of August 8, 2001 (Partial)
(h) Administrative Reviews and Approval
(3) League of California Cities – Appoint voting delegate and alternate for the 2001 Annual Business Meeting. Attachment: Memorandum from Betsy Shotwell, Director of Intergovernmental Relations, dated August 7, 2001, recommending the 2001 League of California Cities voting delegate and alternate at the Annual Business Meeting.
3.2 Report of the Rules Committee – August 8,
2001 (Partial)
The Committee recommended Council Member Dando as the voting delegate and Council Member Campos as the alternate at the Annual Business Meeting of the 2001 League of California Cities to be held September 15, 2001 in Sacramento, CA.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Rules Committee Report (partial) and actions of August 8, 2001 were accepted. Vote: 11-0-0-0.
3.4 Adoption
of an appropriation ordinance and funding sources resolution amendments in the
Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund)
for the Fourth and San Fernando Public Art Project, the Prusch Park
Construction Project, and the Story/Lido Sidewalk Replacement Project, with a
net impact to the fund of $315,407, and adoption of a resolution making certain
determinations regarding the expenditure of Agency funds on certain public
improvements. (City Manager’s Office)
Documents Filed: Memorandum from Larry D. Lisenbee, Budget Director, dated July 25, 2001, recommending the adoption of appropriation and related revenue resolution amendments for said projects, and making certain determinations regarding the expenditure of Agency funds on certain public improvements.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, Ordinance No. 26453, entitled, “Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $315,407 for the Expenditure of Agency Funds on Certain Public Improvements; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70576, entitled, “A Resolution of the Council of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, and Resolution No. 70577, entitled, “Resolution of the Council of the City of San José Making Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds on Certain Public Improvements in and Adjacent to the Story Road Redevelopment Project Area”, were adopted. Vote: 11-0-0-0.
3.6 Approval
of audio broadcasting of Council Committees over the Web.
(Information Technology)
[Finance and Infrastructure
Committee referral 6/27/01 – Item 3.3(e)]
(Deferred from 8/7/01 – Item 3.8)
Documents Filed: Memorandum from Wandzia Grycz, Chief Information Officer, dated August 1, 2001, recommending approval of audio broadcasting of Council Committee meetings over the World Wide Web.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Dando, seconded by Council Member Reed and unanimously carried, the audio broadcasting of the Finance and Infrastructure Committee meetings over the World Wide Web was approved. Vote: 11-0-0-0.
ECONOMIC
& NEIGHBORHOOD DEVELOPMENT
4.2 Public hearing and adoption of a
resolution:
(a) Approving a Disposition and Development
Agreement (DDA) between the City of San José and Roberts Avenue, Inc., or its
designated affiliate, for the acquisition and development of a 100-unit senior
housing project on 2.13 acres of City-owned property, located on Roberts Avenue
between Vintage Way and Mistflower Drive; and
(b) Approving business terms for an
acquisition loan in an amount not to exceed $2,277,222, a
construction/permanent loan of up to $6,100,000 (which includes the acquisition
loan of $2,277,222 and predevelopment loan of $625,000), and a conditional
grant of up to $1,500,000 for the acquisition and development of the project;
and
(c) Authorizing the Director of Housing to
negotiate and execute all necessary documents evidencing the subject DDA with
Roberts Avenue, Inc., or its designee, including loans, deeds, and other
related agreements on behalf of the City related to the housing development.
CEQA: ND.
Council District 7. SNI: Spartan/Keyes. (Housing)
Documents Filed: (1) Memorandum from Leslye Corsiglia, Acting Director of Housing, dated July 25, 2001, recommending Council adopt a resolution approving a DDA between the City of San José and Roberts Avenue, Inc., or its designated affiliate for said project, and authorizing related actions. (2) Proofs of publication of Notices of Public Hearings, executed on July 19 and July 24, 2001 for publication on July 31 and August 7, 2001, and July 30 and August 6, 2001, respectively, submitted by the City Clerk.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, Resolution No. 70578, entitled, “A Resolution of the Council of the City of San José (1) Authorizing the Director of Housing to Negotiate and Execute a Development and Disposition Agreement with Roberts Avenue Inc., or its Affiliate for the Transfer of Certain Property on Roberts Avenue in San José for the Development of a Senior Housing Project on the Site, (2) Approving the Business Terms for an Acquisition Loan in an Amount Not to Exceed $2,277,222, a Construction and Permanent Loan of up to $6,100,000 and a Conditional Grant of up to $1,500,000 to Roberts Avenue Inc., or its Affiliate, and (3) Authorizing the Director of Housing to Negotiate and Execute the Agreement and all Necessary Documents Required under this Resolution”, were adopted. Vote: 11-0-0-0.
4.3 Approval
of a sign remediation agreement with Eller Media Company to:
(a) Alter the height of billboards on the
property located at the north side of State Highway 237, approximately 150 feet
westerly of Gold Street, to allow two (2) existing billboard panels to be
increased in height from approximately 34 feet to a maximum of 50 feet in
height on 0.7 gross acre. CEQA: Negative Declaration.
BB
01-06-001 – District 5
(b) Alter the height of a billboard on the
property located at the north side of Las Plumas Avenue, approximately 100 feet
northeasterly of US Highway 101, to allow an existing billboard panel to be
increased in height from approximately 28 feet to a maximum of 50 feet in
height on 2.87 gross acres. CEQA: Negative Declaration.
BB
01-06-002 – District 4
(c) Remove five billboards.
(Planning,
Building, and Code Enforcement)
(Deferred
from 8/7/01 – Item 4.3)
Documents Filed: None.
Discussion/Action: This item was deferred to August 21, 2001.
4.4 Report
on bids, decision to proceed without further compliance with the City’s
competitive bidding requirements, and award of contract for the Hensley
Historic District, West San Carlos, and East Santa Clara Street Pedestrian
Streetlighting Improvement Re-Bid Project to G.A.B. Construction, Inc. to
include the base bid and Add Alternate Nos. 1, 2, and 3, in the amount of
$1,346,900, and approval of a contingency in the amount of $136,000.
CEQA: Exempt. Council Districts
3 and 6. SNI: 13th Street. (Public
Works)
(Deferred from 8/7/01 – Item 4.6)
Documents Filed: Memoranda from Rajeev Batra, Acting Director, Public Works Department, dated July 18, and August 8, 2001, reporting results from the re-bidding of said contract, pursuant to City Council direction of June 26, 2001, and recommending Council approve the award of said contract to G.A.B. Construction, Inc.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the report on bids was accepted with the Add Alternate amount corrected to $1,346,900, the award of contract to G.A.B. Construction, Inc. and the ten percent contingency amount were approved, and execution of the contract authorized. Vote: 11-0-0-0.
5.2 (a) Adoption of a resolution authorizing the
City Manager to negotiate and execute a grant agreement with the Children’s
Discovery Museum of San José in a total amount not to exceed $336,800 for the
purpose of completing miscellaneous public improvements. (Conventions, Arts and Entertainment)
5.2 (b) Adoption of appropriation ordinance and
funding sources resolution amendments in the Services for Redevelopment Capital
Projects Fund (City-side Redevelopment Fund) for the Children’s Discovery
Museum enhancements project with a net impact to the fund of $352,000, and
adoption of a resolution making certain determinations regarding the
expenditure of Agency funds on certain public improvements.
(City Manager’s Office)
Documents Filed: (1) Memorandum from Nancy Johnson, Director, Department of Conventions, Arts and Entertainment, dated July 25, 2001, recommending adoption of a resolution pertaining to a grant agreement with Children’s Discovery Museum.
(2) Memorandum from Larry D. Lisenbee, Budget Director, dated July 26, 2001, recommending Council adopt appropriate ordinance and related revenue resolution amendments and adopt a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements.
Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70579, entitled, “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Grant Agreement with the Children’s Discovery Museum of San José to Complete Miscellaneous Public Improvements in an Amount Not to Exceed $336,800”; Ordinance No. 26454, entitled, “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $352,000 for the Children’s Discovery Museum Enhancements Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70580, entitled, “Resolution of the Council of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, and Resolution No. 70581, entitled, “A Resolution of the Council of the City of San José Making Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds on Certain Public Improvements in the Guadalupe-Auzerais Redevelopment Project Area”, were adopted with the Administration directed to distribute to Council a report on the source and distributions of funds. Vote: 11-0-0-0.
5.3 Approval
of an agreement with the San José Police Activities League (PAL) to design and
construct a fitness center facility on the PAL Stadium property, owned by the
City, expiring 36 months after the date of the full agreement execution, in an
amount not to exceed $639,000.
CEQA: Exempt. SNI:
Mayfair II.
(Parks, Recreation and Neighborhood
Services)
Documents Filed: Memorandum from Mark Linder, Director, Department of Parks, Recreation and Neighborhood Services, dated July 25, 2001, recommending Council approve said agreement with the San José Police Activities League.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, the agreement with the San José Police Activities League (PAL) was approved and execution of the agreement authorized.
Vote: 11-0-0-0.
TRANSPORTATION
SERVICES
6.1 Approval
of a cooperation agreement with the City of Cupertino for Resurfacing De Anza
Boulevard between Rainbow Drive and Prospect Road, in an amount not to exceed
$175,000. (Transportation)
Documents Filed: Memorandum from Wayne K. Tanda, Director, Department of Transportation, dated August 1, 2001, recommending Council approve said cooperation agreement with the City of Cupertino.
Discussion/Action: Upon motion by Council Member LeZotte, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the cooperation agreement with the City of Cupertino was approved and execution of the agreement authorized. Vote: 11-0-0-0.
AVIATION
SERVICES
8.1 Adoption
of a resolution authorizing the City Manager to negotiate and execute Taxicab
Concession Agreements with:
(a) United
Taxicab Corporation (United Cab) for Terminal A on-demand taxicab services at
the San José International Airport, with estimated annual revenues to the City
of $471,755, for a term of two years, with five 1-year options to extend the
term for a total of up to seven years at the City’s sole discretion; and
(b) Friendly
Cab Co. Inc. dba Alpha Cab for Terminal C on-demand taxicab services at the San
José International Airport, with estimated annual revenues to the City of
$292,662, for a term of two years, with five 1-year options to extend the term
for a total of up to seven years at the City’s sole discretion.
(Airport)
Documents Filed: None.
Discussion/Action: Given the amount of information distributed and the intensity of public interest related to on-demand taxicab service provided at Terminal A and Terminal C at San José International Airport, Mayor Gonzales stated today’s meeting is for the purpose of allowing public comments from all concerned parties, presentations by City Staff, and responses to Council questions and concerns. He stated the information will be compiled and the Administration directed to return to Council on August 21, 2001 with a report and recommendations for Council decision on the award of taxi concessions. He urged Council to reserve any final conclusions about the staff recommendation until all information is available and responses have been considered from all concerned parties. He reviewed the time limits for speakers, and public testimony was presented by the following individuals who spoke on various aspects of the taxicab concession agreements: Representing Alpha Cab Company were Mohammad A. Arsalai, Rolenda Pannell, Abdi-Aziu S. Wansame, S. S. Rana, Mekonnen Woblegeloted, Faisal A. Abdi, Terry Mason, Alex J. Berline, and Leo Bazile; representing Yellow Cab Company were Charles Bryant, Orlando Arango, Rick Jones, Mohammad Fadaka, Ted Zimmerman, Fred Farahani, Yogesh Kumai, Bob Stair, Ted Immonen, Paul Giacinto, Joseph W. Solari, Joseph Parrish, Can Tieu, Rogeert Wendt, Larry Silva, and Dave Logan; speaking as independent taxicab operators were Thomas Teffera, Kuldeep S. Deora, Seyoum Asrat, Harry Burtt, John Ballone, Saranpal S., Bains, and Ali Ali; representing Milpitas Cab Company were Ronald C. Stinson and Katherine Singh; representing Santa Clara Cab Company was Denise Jan; Mola Gebeye represented Golden Star Cab Company; Bill Schweitzer represented Computer Cab Company; Curbinder Singh represented Net Cab Company, Inc.; B. J. Fadem Legal Counsel for United Taxicab Company; Ron Lind, U.F.C.W.; and speaking against the taxicab concession contract was A. J. Brockington of Valdor Fiber Optics.
Mayor Gonzales introduced the Director of Aviation Ralph G. Tonseth, and City Staff – Project Manager Bob Lockhart, and Deputy Director of Airport Operations Kimberly Becker – who summarized background information on the RFP and the evaluation process, including the principal purpose for issuing the RFP, the number of respondents to the taxi concession proposal, and the concerns regarding the outcome. During a comprehensive deliberation of the process by the City Council, several concerns were expressed with requests for additional information related to (1) the release of the proposals from the companies and potential award timeframe, (2) the legal ramifications of extending the current contract through January 2002 in an attempt to minimize disruption at the Airport during the Holiday season, and the basis to accomplish such an extension; (3) preparation of a comparative analysis of the matrix of Airport Taxicab Concession Proposals, similar to the chart submitted by Yellow Checker Cab Co., Inc. relative to short fares, labor peace, customer service enhancements, peak time initiatives, and disability access; (4) potential inclusion in the final contract clear and enforceable due process standards provided by the United Food & Commercial Workers Union (U.F.C.W.); (5) definition of the evaluation criteria used and the weighting assigned to each criteria; (6) clarification of the City’s enforcement tools to be utilized for ensuring contract compliance and methods of ensuring commitments are honored, either written proposals or oral interviews; (7) identify the size, number and condition of vehicle fleet for the taxicab companies; and (8) identify options available to Council relative to the award of the taxicab concessions. In addition, the Administration was directed to identify in the report the materials provided the Evaluation Panel prior to oral interviews and the Panel’s evaluations and ratings, including evaluations resulting from input by the Police Department regarding incidents and specific complaints on taxicab drivers; provide clarification of the distinction between damages and citation fines; and include information on the installation of taxicab stands throughout the City of San José. Upon motion unanimously carried, this item was deferred to August 21, 2001 and the Administration directed to compile from Council discussion, public testimony and concerns raised by industry representatives a report incorporating the information referenced herein. Vote: 11-0-0-0.
8.2 Report
on bids and award of contract for the Improvement of the San José International
Airport Pavement Repair 2001 Project to the low bidder, O’Grady Paving Inc., in
the amount of $786,617.60, and approval of a contingency in the amount of
$79,000. CEQA: Resolution No. 67380. (Public Works)
Documents Filed: Memorandum from Rajeev Batra, Acting Director, Public Works Department, dated July 25, 2001, recommending Council award said contract to the low bidder, O’Grady Paving, Inc., and approve said contingency.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the report on bids was accepted and award of contract to O’Grady Paving, Inc., the low bidder, and the ten percent contingency amount were approved and execution of the contract authorized. Vote: 11-0-0-0.
Yolanda Reynolds spoke on the use of 20%
housing funds for very low-income households.
Following Open Forum, Council recessed at 5:10 p.m. and reconvened at 7:05 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.
City Clerk, Patricia L. O’Hearn read the requests for continuances of applications and other actions as recommended. Upon motion by Council Member, seconded by Council Member and unanimously carried, the below noted continuances and other actions were granted. Vote: 11-0-0-0.
11.3 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 6/19/01 – Item 11.5)
Documents Filed: None.
Discussion/Action: This item was continued to September 4, 2001.
11.5 PUBLIC
HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the
southwest corner of Almaden Expressway and McAbee Road, from A(PD) Planned
Development Zoning District to A(PD) Planned Development Zoning District, to
allow the addition of a drive-through lane and pick-up window to an existing
fast food restaurant on 5.31 gross acres.
(Moitozo, Owner; Henley/McDonald’s, Developer). CEQA:
Negative Declaration.
PDC 00-06-049- District 10
Documents Filed: Proof of publication of Notice of Public Hearing, executed on June 15, 2001, submitted by the City Clerk.
Discussion/Action: This item was dropped from the Agenda.
11.6 PUBLIC
HEARING ON PLANNED DEVELOPMENT REZONING of the property located in the area
generally bounded by North San Pedro, Devine, Terraine, and Bassett Streets,
from LI Light Industrial and CG Commercial Zoning Districts to A(PD) Planned
Development Zoning District, to allow up to 1,100,000 square feet of office
space, and 12,000 square feet of ground level commercial space, in three office
buildings and two parking garages on 6.5 gross acres. The Executive Director of the Redevelopment Agency, pursuant to
Section 20.120.030 of the San José Municipal Code, has initiated rezoning of
portions of the subject property not controlled by the applicant. (Brandenburg, Staedler & Moore, Owner;
Legacy Partners Commercial, Developer).
CEQA: Resolution to be adopted.
PDC 00-12-128 - District 3
Documents Filed: Proof of Publication of Notice of Public Hearing, executed on June 8, 2001, submitted by the City Clerk.
Discussion/Action: This item was dropped from the Agenda.
11.8 PUBLIC
HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the
northwest corner of Monterey Road and Stauffer Boulevard, from HI Heavy
Industrial Zoning District to A(PD) Planned Development Zoning District, to
allow commercial and health club uses on 6.8 gross acres. (Green Valley Corporation, Owner; 1887
Monterey Road Partners, Developer).
CEQA: Resolution No. 65459. Director of Planning, Building, and Code
Enforcement and Planning Commission recommend approval (6-0-1).
PDC 00-10-108 - District 7
Documents Filed: None.
Discussion/Action: This item was continued to August 21, 2001.
11.9 PUBLIC
HEARING ON PLANNED DEVELOPMENT PREZONING of the property located at the east
side of Ruby Avenue, approximately 50 feet northerly of Murillo Avenue, from
County to A(PD) Planned Development Zoning District, to allow up to 22,570
square feet for a new church sanctuary and associated classrooms on 2.61 gross
acres. (Young Nak Presbyterian Church
c/o K.B. Chung, Owner/Developer).
CEQA: Negative Declaration.
PDC 00-04-024 - District 8
Documents Filed: None.
Discussion/Action: This item was continued to September 4, 2001.
11.10 PUBLIC
HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the
southeast corner of Meridian Avenue and Branham Lane, from CP-Commercial Zoning
District to A(PD) Planned Development Zoning District, to allow the addition of
a carwash facility at an existing gas station site on 0.53 gross acre. (Mehdi Medhipour/Chevron,
Owner/Developer). CEQA: Negative Declaration.
PDC 00-08-069 - District 9
Documents Filed: None.
Discussion/Action: This item was continued to September 4, 2001.
11.11 PUBLIC
HEARING ON CONFORMING PREZONING of the property located at the west side of
Woodard Road, 150 feet southerly of Starview Drive (15710 Woodard Road), from
County to R-1-8 Residence Zoning District, to allow residential uses on 0.76
gross acre. (Glen Geisinger,
Owner/Developer). CEQA: Exempt.
C 01-03-034 - District 9
Documents Filed: None.
Discussion/Action: This item was continued to August 21, 2001.
11.15 PUBLIC
HEARING ON CITY COUNCIL-INITIATED REZONING of certain properties located within
the West San Carlos-Stevens Creek Neighborhood Business District, as shown on
the San José 2020 General Plan Land Use/Transportation Diagram, which is
generally bounded by Lincoln Avenue to the east and Interstate 880 to the west,
and within the City limits and currently zoned LI Light Industrial, CG
Commercial General, CN Commercial Neighborhood, or CO Commercial Office from
the current zoning to CP Commercial Pedestrian Zoning District, to further
implement the City’s pedestrian commercial and Neighborhood Business District
goals and policies. CEQA: Reuse of the San José 2020 General Plan EIR.
CC 01-07-072, -073, -074, -075,
-076, -077, -078 - District 6
Documents Filed: Proof of publication of Notice of Public Hearing, executed July 13, 2001, submitted by the City Clerk.
Discussion/Action: This item was dropped from the Agenda.
11.16 PUBLIC
HEARING ON CONFORMING REZONING of the property located at the southeast corner
of Lincoln and Auzerais Avenues, from HI Heavy Industrial Zoning District to IP
Industrial Park Zoning District, to allow office uses on 2.02 gross acres. (Gina Bortoli Test Trust, Owner; Wellington
Corporation, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code
Enforcement recommends approval. No Planning Commission action required.
C 01-02-026 - District 6
Documents Filed: None.
Discussion/Action: This item was continued to September 4, 2001.
CEREMONIAL
ITEMS
1.2 Swearing
in of Youth Commissioners for Council Districts 4, 10, and Citywide. (Mayor)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated August 10, 2001, listing the names of the Youth Commissioners to be sworn in during the August 14, 2001 evening session of the City Council.
Discussion/Action: Mayor Gonzales and Council Members Dando and Reed presented biographical sketches of the students’ accomplishments and scholastic achievements; City Clerk Patricia L. O’Hearn administered the Oath of Office to Youth Commissioners Melvin Cabebe – Citywide, Albert Leung – District 4, and Timothy Tom – District 10; and Mayor Gonzales congratulated the Youth Commissioners and thanked them for their leadership role in serving the City of San José.
1.3 Presentation
of an award by the American Heart Association to the Mayor and City Council. (Mayor)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Debbie Bateman-Executive Director of the American Heart Association, Dr. Hermite Sachdev-Director of the Good Samaritan Hospital Stroke Center, William Clechea-CEO, Good Samaritan Hospital, Julie Clayton-Chief Nursing Officer, Good Samaritan Hospital, and stroke survivor Chuck Hoffman. Debbie Bateman presented the award honoring the leadership of the Mayor and City Council in committing 25% of the Master Settlement Agreement funds to tobacco education programs, and the City’s continued commitment in the fight against heart disease and stroke.
3.5 First
Public Hearing on proposed Redistricting.
(City Clerk)
Documents Filed: None.
Discussion/Action: Mayor Gonzales opened the first public hearing on the proposed Redistricting Plan Alfredo D. Garza, representing Plata Arroyo Neighborhood Association, and Rick Callender, representing San José-Silicon Valley Branch of N.A.A.C.P. spoke in support of the proposed Redistricting Plan. William J. Garbett spoke against the proposed action. Upon unanimous consent, the public hearing was continued to August 21, 2001, during which session Council action will be taken. Vote: 11-0-0-0.
11.1 PUBLIC
HEARING ON AN ORDINANCE amending several sections of Title 20 of the San José
Municipal Code to do all of the following:
Alter the development regulations in Commercial and Residential Zoning
Districts to include provisions requiring certain vehicle related uses to occur
within fully enclosed buildings; require a Conditional Use Permit for uses
without a permanent, fully enclosed building on-site in all Industrial
Districts; allow for outdoor vending in the LI and HI Industrial Districts with
an Administrative Permit; include “leasing of passenger vehicles” as a
conditional use in the LI Industrial Zoning District; change
“Construction/Corporation Yard” in the LI Industrial Zoning District from a
permitted use to a conditional use; include a requirement that pay phones on
private property be located on the same wall as the primary entrance to the use
of the site; include an additional finding of three hundred and fifty (350)
square feet maximum when considering an exception to the required parking for a
one-family dwelling; include a standard condition for window glazing for ground
floor retail commercial uses; include amortization provisions for legal
nonconforming incidental dancing and music in public eating, and drinking
establishments; reestablish provisions prohibiting residential uses that
provide services to residents from providing such services to non-residents;
correct typographical errors; and make other technical corrections. CEQA:
Exempt. Director of Planning,
Building, and Code Enforcement and Planning Commission recommend approval
(4-1-2). (Planning, Building, and Code
Enforcement)
Citywide
Documents Filed: (1) Memorandum from Joseph Horwedel, Secretary, Planning Commission, dated July 30, 2001, recommending Council approve the proposed ordinance as presented in the memorandum attached thereto. (2) Proof of publication of Notice of Public Hearing, executed on July 13, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing to consider adoption of the ordinance amending various sections of the San José Municipal Code. William J. Garbett spoke against the proposed action. Council Member Reed noted his reluctance to support the recommended action, absent sufficient time to review supporting documentation, pertaining to the amortization of incidental dancing at public eating establishments, as well as changes to noise standards. Mayor Gonzales observed changes to the performance standards regarding noise, as contained in the draft text of the ordinance, and queried Staff on the changes and whether they have been made in the environmental analysis and the noise studies conducted by City Staff. Council Member Chavez queried Staff on the implications to small businesses that do not have entertainment and whether they will unnecessarily be constrained. General Counsel and Assistant City Attorney William J. Hughes stated clarifications of the concerns would be submitted to Council when the ordinance is scheduled for final adoption, at the second reading of the ordinance. 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. 26455, entitled, “An Ordinance of the City of San José Amending Title 20 of the San José Municipal Code by Amending Sections 20.10.070, 20.30.100, 20.30.110, 20.30.400, 20.30.420, 20.40.100, 20.40.200, 20.40.260, 20.50.100, 20.50.300, 20.80.300, 20.80.420, 20.80.720, 20.80.1000, 20.80.1010, 20.90.060, 20.90.220, 20.100.220, 20.100.500, 20.100.610, 20.100.1030, 20.100.1040, 20.100.1200, 20.100.1220, 10.100.1230, 20.150.300, 20.150.320, 20.200.020, and Adding Sections 20.30.125, 20.40.515, 20.40.525, 20.50.225, 20.50.226, 20.100.435, 20.150.330, and 20.160.090, to Alter the Development Regulations in Commercial and Residential Zoning Districts, to Include Provisions Requiring Certain Vehicle-Related Uses to Occur Within Fully Enclosed Buildings, to Require a Conditional Use Permit for Uses without a Permanent, Fully Enclosed Building On-Site in Industrial Districts, to Allow for Outdoor Vending in Certain Industrial Distr