MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
AUGUST 7, 2001
The
Council of the City of San Jose convened in Regular Session at 9:30 a. m. in
Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to Closed
Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding
existing litigation pursuant to Government Code Section 54956.9 Subsection (a)
to consider cases of Meza v. City of San José; Star Insurance Company v. City
of San José, et al.; and City of San José v. Morgan Hill Unified School
District, et al.; and (B) to confer with Legal Counsel regarding anticipated
litigation (1) involving a matter where there is significant exposure to
litigation pursuant to subsection (b) of Section 54956.9 of the Government
Code, and (2) involving the initiation of litigation in two matters pursuant to
subsection (c) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Carl Rey, well-known comedian from Iola Williams Senior Program, entertained the assemblage. (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 Dando and unanimously carried, the Orders of the Day and the Amended Agenda were approved with the recommended deferral of Item 2.5 rejected. Vote: 11-0-0-0.
CEREMONIAL ITEMS
1.1 Presentation of a Commendation to The
Community Service Area 1 Team who received the PRNS Director’s Challenge Award for their part in the opening of a new
community center serving the constituents of District One. (LeZotte)
(Deferred from 6/26/01 – Item 1.2)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member LeZotte acknowledged the hard work of the team and invited the members who were present to join her at the Podium for a group photograph: Edesa Bitbadal, District 2 Council Assistant and Community Relations Manager; Janine Bray – Gerontology Specialist at Cypress Senior Center; Wayne Disher – Head Librarian, West Valley Library; John Dotter – Retired, Community Gardens Coordinator; Annie Gambelin and Adrianna Rivas – Project Blossom; Joe Garvin – Program Specialist at Starbird Community Center; Mary Horani – Program Specialist at Moreland-West San José Community Center; Jon Kawada – Youth Specialist-West San José; José Aragon – SNI Specialist; Hannah Slocum – Head Librarian, Calabazas Library; Pat Maier – Supervisor at Cypress Senior Center; and Mary O’Meara – Recreation Supervisor for West San José, who accepted the commendation presented by Mayor Gonzales. Council Member LeZotte acknowledged those members who were unable to attend the meeting: Marcia Duckwork-Lanzo, Dwayne Hearn, Nick Muyo, Ramo Pinjic, and Tom Williams. The Team was commended for its dedication and service as they continue to work together to better serve and build communities.
1.2 Presentation of plaques to Theodore Lopez
for 4 years service on the Airport Commission; to Brooks Mancini for 4 years
service on the Airport Commission; to Deborah LeFalle for 2 years 10 months
service on the Arts Commission; to Suzanne Malone for 6 years service on the
Arts Commission; to Corazon Tomalinas for 7 years 10 months service on the CDBG
Steering Committee; to Roxanne Graham for 3 years 7 months service on the Child
Care Commission; to Karyn West-Brown for 3 years 7 months service on the Child
Care Commission; to Alexandra Urbanowski for 4 years service on the Downtown
Parking Board; and to Chris Castrence for 2 years 7 months service on the Human
Rights Commission.
(Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented plaques to Theodore Lopez, Brooks Mancini, Suzanne Malone, Corazon Tomalinas, Roxanne Graham, Karyn West-Brown, and Chris Castrence, with the City Council’s appreciation for the volunteers’ contributions to the citizens of San José. The plaques for Deborah LeFalle and Alexandra Urbanowski will be mailed to the honorees, as they were unable to attend the meeting.
1.3 Presentation of a proclamation for National Night Out on
August 7, 2001. (Mayor)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium was Tony Tran of the San José Police Department, Crime Prevention Unit, who accepted the proclamation announcing the 18th Annual National Night Out, with festivities scheduled throughout the day.
CONSENT CALENDAR
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 11-0-0-0.
2.1 (a) Approval of City
Council Minutes for the Regular meeting of April 24, 2001
Documents Filed: Minutes of the regular meeting of April 24, 2001.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0
(b) Approval
of City Council Minutes for the Regular meeting of May 1, 2001
Documents Filed: Minutes of the regular meeting of May 1, 2001.
Discussion/Action: The Minutes were approved. Vote: 11-0-0-0
2.2 (a) Final adoption of Ordinance No. 26440 –
Reorganizes and clarifies the ethics provisions in Title 12 by renumbering
Chapters 12.02 and 12.04 and consolidating the provisions of Chapter 12.16
relating to the Ethics Board’s enforcement authority with Ethics Board
provisions in Chapter 12.04 and amending and reorganizing Chapter 12.06 by
deleting obsolete informational provisions and provisions relating to
exploratory campaigns and making other clarifying and technical changes to
Chapter 12.06.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26440 executed on July 17, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26440 was adopted. Vote: 11-0-0-0.
(b) Final adoption of Ordinance No. 26443 –
Amends Part 1 of Chapter 17.72 and adding a new Part 1.5 to Chapter 17.72 to
amend the definition of blighted property, to add minimum standards for
maintaining landscaping for two-family and multiple-family dwellings, and to
make other clarifying changes to the definition of blighted property.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26643 executed on July 17, 2001, submitted by the City
Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26443 was adopted. Vote: 11-0-0-0.
(c) Final adoption of Ordinance No. 26444 –
Amends Section 11.96.070 of Chapter 11.96 of Title 11 of the San José Municipal
Code to prohibit commercial vehicles in excess of 5 tons on Cape Buffalo Drive,
between Berryessa Road and Commodore Drive.
Documents
Filed: Proof of publication of the title of Ordinance No. 26444 executed on July
17, 2001, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26444 was adopted. Vote: 11-0-0-0.
(d) Final adoption of Ordinance No. 26446 –
Rezones certain real property situated on the west side of Old Oakland Road,
approximately 400 feet southerly of Brokaw Road (1633 Oakland Road).
C 01-04-050.
Documents
Filed: (1) Proof of publication of the
title of Ordinance No. 26446 executed on July 17, 2001, submitted by the City
Clerk. (2) Supplemental Memorandum from Planning Commission Secretary Joseph A.
Horwedel, dated July 19, 2001, transmitting revised plat map for the subject
project.
Discussion/Action: Ordinance No. 26446 was adopted. Vote: 11-0-0-0.
(e) Final adoption of Ordinance No. 26447 –
Amends Sections 15.16.830 and 15.16.840 of Chapter 15.16 of Title 15 of the San
José Municipal Code to permit installment payment of sanitary sewer connection
fees and sewage treatment plant connection fees where applicant has entered
into an agreement with the City which satisfies the City that the applicant
will make a substantial financial contribution to expansion of the Recycled
Water System operated by the San José/Santa Clara Water Pollution Control
Plant, and recycled water produce by the plant will be used on the property
subject to the connection fees in a volume that exceeds the projected peak
wastewater flow.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26447 executed on July 17, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26447 was adopted. Vote: 11-0-0-0.
2.3 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)
Documents Filed: None.
Discussion/Action: This item was deferred to August 14, 2001.
2.4 Approval of an agreement with Yerba
Buena, OPCO, LLC, Whitehall Street Real Estate Limited Partnership XIII,
Whitehall Parallel Real Estate Limited Partnership XIII, DLJ Real Estate
Capital Partners and Walton Evergreen Partners III, LLC for funding and
investigation of the feasibility of providing public financing for the
acquisition and construction of public infrastructure improvements required for
the Evergreen Industrial Development. Council District 8. (Public Works)
(Deferred from 6/26/01 – Item 2.45)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated June 4, 2001, recommending Council approve
said agreement.
Discussion/Action: This item was dropped.
2.5 Adoption of a resolution approving rate
schedules and standardized non-exclusive property use agreements for placement
of telecommunications equipment on City and Airport Property and authorizing
the City Manager to execute such use agreements in the future if they are
submitted for signature without substantive amendment. CEQA:
Exempt. (Public Works)
(Deferred from 6/26/01 – Item 2.47)
Documents
Filed: (1) Supplemental Memorandum from Acting Director of Public Works Rajeev Batra, dated July 18, 2001, noting
the reason for the supplemental memorandum and transmitting the (a) rate
schedules for attachments of telecommunication facilities to Airport Properties
and to City-owned properties, and (b) the three standardized, non-exclusive
property use agreements for said installations. (2) Memorandum from Acting
Director of Public Works Rajeev Batra, dated June 4, 2001, recommending Council
adopt said resolution.
Discussion/Action: The recommended deferral was not approved; and Resolution No. 70538, entitled: “A Resolution of the Council of the City of San José (1) Approving Rates for Attachment of Telecommunications Equipment on City and Airport Properties; (2) Approving Standardized Use Agreements for Placement of Telecommunications Equipment on City and Airport Property; and (3) Authorizing the City Manager to Execute Such Non-Exclusive Property Use Agreements if They Are Submitted to City Manager for Signature Without Substantive Amendment”, was adopted. Vote: 11-0-0-0.
2.6 Adoption of a
resolution authorizing the City Manager to negotiate and execute an agreement
with the Metropolitan Transportation Commission for the City’s share of the
cost to prepare the 2001 Bay Area Air Passenger Survey for the San José, San
Francisco, and Oakland International Airports, in an amount not to exceed
$102,650. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated
July 18, 2001, recommending Council approve the funding support for MTC Bay Area Air Passenger Survey.
Discussion/Action: Resolution No. 70539, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With the Metropolitan Transportation Commission for the City’s Share of the Cost to Prepare the 2001 Bay Area Air Passenger Survey in an Amount Not to Exceed $102,650”, was adopted. Vote: 11-0-0-0.
2.7 (a) Approval of a purchase order from the
Department of Health and Human Services in the amount of $50,000, for the Five
Year Metropolitan Medical Response System Continuation Planning for
Sustainment, Assessment of Response Capabilities, and Demonstration of
Operational Readiness, and extending the term from 34 months to 55 months.
(b) Adoption of an appropriation ordinance
and revenue resolution amendments in the General Fund in the amount of $50,000,
for the Metropolitan Medical Response System Continuation Planning Project.
(Emergency Services/City Manager’s Office)
Documents Filed: Memorandum from Director of Emergency Services Frances E. Winslow, and Budget Director Larry D. Lisenbee, dated July 18, 2001, recommending Council approve said purchase and adopt said appropriation ordinance and revenue resolution amendments in the General Fund.
Discussion/Action: The purchase from the Department of Health and Human Services was approved and execution of the purchase order authorized; Ordinance No. 26448, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the General Fund in the Amount of $50,000 For the Five-Year Metropolitan Medical Task Force and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70540, 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: 11-0-0-0.
2.8 Adoption of a resolution authorizing the
Director of General Services to execute an amendment to the agreement for
janitorial services with Acme Building Maintenance for unanticipated services
during peak periods, increasing compensation by $150,000, from $1,841,198 to
$1,991,198. (General Services)
Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated July 18, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70541, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Amendment to the Agreement With Acme Building Maintenance for Janitorial Services to Increase Total Compensation”, was adopted. Vote: 11-0-0-0.
2.9 Adoption of a resolution initiating
proceedings and setting August 28, 2001 at 1:30 p.m. for Council
consideration on the reorganization of territory designated as Evergreen No.
185, which involves the annexation to the City of San José of 2.51 gross acres,
located at the east side of Ruby Avenue, approximately 52 feet northerly of
Murillo Avenue, and the detachment of the same from Central Fire Protection
District and the Santa Clara County Library Services Area. CEQA:
ND. Council District 8. (Planning, Building and Code Enforcement)
Documents
Filed: Memorandum from Acting Director of Planning, Building and Code
Enforcement, Joseph A. Horwedel, dated July 10, 2001, recommending the placement of said action on the Consent Calendar of the
August 7, 2001 Council Agenda.
Discussion/Action: Resolution No. 70542, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Evergreen No. 185 and Described Herein, and Setting the Date and Place for Council Consideration of Such Reorganization”, was adopted. Vote: 11-0-0-0.
2.10 Report on bids and award of contract for
the CDBG Delno Street Reconstruction Project to the lowest responsive bidder,
JJR Construction, Inc., in the amount of $283,475, and approval of a
contingency in the amount of $28,000.
CEQA: ND. Council District 3. (Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated July 18, 2001, recommending Council accept the
bid report and award said contract to the lowest responsive bidder, and approve
said contingency.
Discussion/Action: The report on bids was accepted and award of contract to JJR Construction, Inc., the lowest responsive bidder, and the ten percent contingency were approved and execution of the contract authorized. Vote: 11-0-0-0.
2.11 Adoption of a resolution of intention to
vacate portions of Fontanoso Avenue and Piercy Road immediately south of Silver
Creek Valley Road; reserving a public service easement; and setting a public
hearing on September 4, 2001 at 1:30 p.m. CEQA: Exempt. Council District 2. (Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated July 18, 2001, recommending Council adopt
said resolution.
Discussion/Action: Resolution No. 70543, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate Portions of Fontanoso Avenue and Piercy Road Immediately South of Silver Creek Valley Road, Reserving a Public Service Easement”, was adopted. Vote: 11-0-0-0.
2.12 Adoption of a resolution authorizing the
City Manager to negotiate and execute an agreement with Union Pacific Railroad
to provide the City with the encroachment permits and easements necessary to
construct Calle de Cisco over the Union Pacific Railroad track, in an amount
not to exceed $75,000. CEQA: Resolution No. 69957. Council District 2. (Public
Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated July 18, 2001, recommending Council adopt
said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 70544, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Union Pacific Railroad for the City to Obtain the Rights Necessary to Construct Calle de Cisco Over the Union Pacific Railroad Track in an Amount Not to Exceed $75,000”, was adopted. Vote: 11-0-0-0.
2.13 Approval of an agreement with Richard V.
Orlandi and Margaret Orlandi, trustees, for the acquisition of 0.05 acre of
real property located at the southwest corner of the intersection of Moorpark
Avenue and Winchester Boulevard in the amount of $200,000, and authorization
for the Director of Public Works to execute the necessary documents to complete
the transaction. CEQA: Resolution No. 68210. Council District 1. SNI:
Winchester. (Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated July 18, 2001, recommending Council adopt a
resolution approving the agreement with Richard V. Orlandi and Margaret
Orlandi.
Discussion/Action: The agreement with Richard V. Orlandi and Margaret Orlandi, trustees, was approved and execution of the necessary documents to complete the transaction authorized. Vote: 11-0-0-0.
2.14 (a) Approval
of Contract Change Order No. 8 for the Fire Station No. 30 Remodel and Seismic
Upgrade Project with Eddie Torrez Construction, Inc., for additional
construction work resulting from Fire Department requests and unforeseen
conditions in the amount of $38,500, for a total contract amount of $1,154,851,
and extending the term of the agreement from April 20, 2001 to August 14, 2001.
2.14 (b) Approval
of an increase in the construction contingency in the amount of $38,500,
increasing the contingency from $180,000 to $218,500.
CEQA: Exempt.
Council District 3. (Public
Works/Fire)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, and Fire Chief Manuel P. Alarcon, dated July 18, 2001, recommending Council approve said change order and construction contingency increase.
Discussion/Action: Contract Change Order No. 8 with Eddie Torrez Construction, Inc., and construction contingency increase were approved and execution of the change order authorized. Vote: 11-0-0-0.
2.15 Approval of Council Member Forrest
Williams’ travel to New York City, New York, on July 25-31, 2001, to attend
Americans for the Arts and the National Assembly of State Arts Agencies First
Joint Conference. Funding: Office of Cultural Affairs. (Williams)
Documents Filed: None.
Discussion/Action: Council Member Williams’ travel to New York was approved.
Vote: 11-0-0-0.
2.16 Approval of City Auditor Gerald Silva’s
travel calendar through December 31, 2001, at a cost to the City of $935. Funding:
Auditor’s Non-Personal budget.
(City Auditor)
(Rules In Lieu referral 8/1/01)
Documents Filed: None.
Discussion/Action: City Auditor’s travel calendar was approved. Vote: 11-0-0-0.
2.17 (a) Adoption of a resolution authorizing the
City Attorney to negotiate and execute a third amendment to the legal services
agreement with McCutchen, Doyle, Brown & Enersen, LLP, related to the
development of the North Coyote Valley Industrial Campus Area, increasing
compensation by $250,000, to a total amount not to exceed $400,000. (City Attorney’s Office)
(b) Adoption of appropriation ordinance and
funding sources resolution amendments in the Construction Excise Tax Fund in
the amount of $250,000, to provide funding for the third amendment to the
agreement with McCutchen, Doyle, Brown & Enersen, LLP. (City Manager’s Office)
(Rules In Lieu referral 8/1/01)
Documents Filed: (1) Memorandum from City Attorney, J. Richard Doyle dated
August 3, 2001, recommending Council adopt said resolution regarding the legal services agreement with McCutchen, Doyle, Brown & Enersen, LLP. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated, August 3, 2001, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund.
Discussion/Action: Resolution No. 70545, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Third Amendment to the Legal Services Agreement With McCutchen, Doyle, Brown & Enersen, LLP, Increasing Compensation by $250,000 for a Total Not to Exceed $400,000”; Ordinance No. 26449, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Construction Excise Tax Fund in the Amount of $250,000 For Providing Funding for the Third Amendment to the Agreement With McCutchen, Doyle, Brown & Enersen, LLP, and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70546, 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 Construction Excise Tax Fund”, were adopted. Vote: 11-0-0-0.
2.18 Adoption of a resolution authorizing the
removal of U.S. Bank Trust National Association as the trustee for existing
Airport Revenue Bonds and appointing BNY Western Trust Company as the trustee
for the existing Airport Revenue Bonds effective August 14, 2001, and to
authorize other related actions.
(City Attorney’s Office)
(Orders of the Day)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated August 2, 2001, recommending Council adopt said resolution regarding Airport Revenue Bonds.
Discussion/Action: Resolution No. 70547, entitled: “A Resolution of the Council of the City of San José Authorizing the Removal of U.S. Bank Trust National Association as the Trustee for the Existing Airport Revenue Bonds and Appointing BNY Western Trust Company for the Existing Airport Revenue Bonds Effective August 14, 2001”, was adopted. Vote: 11-0-0-0.
3.1 Report of the Study Session – Strong Neighborhoods
Initiative – April 26, 2001
Documents Filed: Minutes of the Study Session of April 26, 2001.
The report was accepted with emphasis on the need to keep the program moving forward, that new strategies should be considered and innovative measures used to increase efficiencies and be successful, and that Staff’s efforts should be proactive and creative in moving the program forward.
Discussion/Action:
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams
and unanimously carried, the report was accepted. Vote: 11-0-0-0.
Report of the
Study Session – Fiscal Year 2001-02 Capital Budget and Proposed 2002-2006
Capital Improvement Program – May 7, 2001
Documents Filed: Minutes of the Study Session of May 7, 2001.
The presentations on the Proposed 2001-02 Capital Budget and the Proposed 2002-06 Capital Improvement Program were accepted from four City Service Areas.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the presentations on the Proposed 2001-2002 Capital Budget and 2002-2006 Capital Improvement Program were accepted.
Vote: 11-0-0-0.
3.3 Report of the Finance and Infrastructure Committee – June 27,
2001
Documents Filed: Finance and Infrastructure Committee report of June 27, 2001.
(a) Consent Items
(1) May-June Monthly Report. Attachment: Letter from City Auditor, Gerald A. Silva, dated June 18, 2001, submitting the written report of the Office of the City Auditor’s activities for the period of May 16, 2001 through June 15, 2001 and the schedule of audit costs for May 2001.
The Committee approved the consent items.
(b) Audit of Building Division’s Cash Handling and Refund Process. Attachment:
(1) City Auditor’s Executive Summary and the City Administration’s response to An Audit of the City of San José Building Division’s Cash Handling and Refund Process, Report 01-04, June 2001, from the Office of the City Auditor.
The Committee accepted the report.
(c) Sales and Business Tax Report for Quarter ended March 31, 2001. Attachment: Letter from City Auditor, Gerald A. Silva, dated June 13, 2001, transmitting the report on the Sales and Business Tax Audit Results for the Quarter Ended March 31, 2001.
The Committee accepted the report.
(d) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending December 31, 2000. Attachment: Memorandum from City Auditor, Gerald A. Silva, dated June 13, 2001, submitting the findings report from Kafoury, Armstrong & Company relating to the Bay 101 Conditional Approval of Stock Transfer.
The Committee accepted the report.
(e) Audio Broadcasting of Council Committees Over the Web. Attachment: Memo-randum from Chief Information Officer, Wandzia Grycz, dated June 19, 2001, submitting a cost estimate for the purchase of additional equipment to provide a clean audio signal out over the Internet from Room 204.
The Committee accepted the report and recommended approval the $12,000 budget appropriation for the addition of Web Streaming equipment to Conference Room 204.
Discussion/Action: See Item 3.8 for Council action taken.
(f) Monthly Financial Statement for May 2001
(g) Capital Cost Report for May 2001
(h) Cash Flow Projection
(i) Redevelopment Agency Debt Profile
The Committee forwarded to Redevelopment Agency Board for consideration
Items 3.3(f), (g), (h) and (i).
(j) Oral Petitions
Bill Chew spoke on the Redevelopment Agency’s spending patterns.
(k) Adjournment
The Committee adjourned at 3:45 p.m.
Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Finance and Infrastructure Committee Report and actions of June 27, 2001 were accepted with Council action on Item 3.3(e) taken at Item 3.8 and Redevelopment Agency Items 3.3(f)-(i) referred to the Redevelopment Agency Board for action. Vote: 11-0-0-0.
3.4 Appoint a retiree to the Federated City
Employees Retirement System Board of Administration to a term which expires
November 30, 2004.
(City Clerk)
Documents Filed: (1) Supplemental Memorandum from Federated Retiree Board, Member Interview Panel – Director of Employee Relations Alex Gurza; President, CEO, AFSCME, Local 101, Deborah Powell; and Business Representative, Operating Engineers, Local #3, Don Dietrich – dated August 6, 2001 and recommending the appointment of William A. Thomas, as the Retiree Representative to the Board of Administration. (2) Supplemental Memorandum from City Clerk, Patricia L. O’Hearn, dated July 31, 2001, recommending the appointment of a retiree to the Board of Administration for the Federated City Employees Retirement System to a term which expires November 30, 2004, and certifying the result of the retiree election conducted on July 30, 2001. (3) Memorandum from City Clerk, Patricia L. O’Hearn, dated July 31, 2001, recommending the appointment of a retiree to the Federated City Employees Retirement System Board of Administration to a term which expires November 30, 2004
Discussion/Action: Joe Bass, President, San José Retired Employees Association, spoke in support of the appointment. Upon motion by Council Member Williams, seconded by Council Member LeZotte and unanimously carried, William A. Thomas was appointed the Retiree Representative to the Board of Administration for the Federated City Employees Retirement System to a term which expires November 30, 2004.
Vote: 11-0-0-0.
3.5 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 Street and
San Fernando Garage Public Art Project, Pala Youth Center Public Art Project,
the Paseo Plaza Public Art Project, the Bart to San José Study Project, the
Coleman/880 Interchange Improvement Project, and the Sherman St. Park Plaza
Project with a net impact to the fund of $2,060,050. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated July 18, 2001, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, Ordinance No. 26450, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Service for Redevelopment Capital Projects Fund in the Amount of $2,060,050 for the Services for Various Public Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70548, 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.”, were adopted. Vote: 11-0-0-0.
3.6 PUBLIC HEARING and adoption of a
resolution approving the FY 2001-02 Annual Sanitary Sewer Service and Use and
Storm Sewer Service Charge Reports of the Director of Finance. (Finance)
Documents Filed: (1) Memorandum from Director of Finance, Scott P. Johnson, dated July 18, 2001, recommending Council take appropriate action to place charges on the 2001/02 tax roll. (2) Notice of Public Hearing on the sewer service and use charge and storm sewer service charge, dated July 16, 2001, and Proof of Publication of the Notice of Public Hearing executed on July 25, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Notice of Public Hearing for Sewer Service and Use Charge and Storm Sewer Service Charge, dated July 20, 2001.
Discussion/Action: Mayor Gonzales opened the public hearing to consider the Annual Reports. There was no discussion from the Floor. Upon motion by Council Member LeZotte, seconded by Council Member Williams and unanimously carried, the public hearing was closed and Resolution No. 70549, entitled: “A Resolution of the Council of the City of San José Approving the Annual Report for Fiscal Year 2001-02 of the Director of Finance on Sewer Service and Use Charges and Storm Sewer Service Charge and Approving the Placement of Charges as Set Forth Thereon On the 2001-02 Tax Roll”, was adopted. Vote: 11-0-0-0.
3.7 Adoption of a resolution establishing the
FY 2001-2002 property tax levy for all taxable property for general obligation
bonded indebtedness. (Finance)
(Rules In Lieu referral 8/1/01)
Documents Filed: Memorandum from Director of Finance, Scott P. Johnson, dated August 1, 2001, noting the reason for addendum and recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 70550, entitled: “A Resolution of the Council of the City of San José Establishing the Fiscal Year 2001-02 Property Tax Levy for the City’s General Obligation Bond Indebtedness”, was adopted.
Vote: 11-0-0-0.
3.8 Approval of audio broadcasting of Council
Committees over the Web.
(Information Technology)
[Finance and Infrastructure Committee referral 6/27/01 –
Item 3.3(e)]
Documents Filed: None.
Discussion/Action: This item was deferred to August 14, 2001.
4.2 (a) Direction
to the City Clerk to report the ballot tabulation results for:
(1) Maintenance District 4 (Gateway Place –
Airport Parkway).
(2) Maintenance
District 9 (Santa Teresa – Great Oaks).
(3) Maintenance
District 11 (Brokaw Road from Junction Avenue to Old Oakland Road).
(4) Maintenance District 19 (River Oaks Area
Landscaping).
(5) Maintenance District 20 (Renaissance -
North First Landscaping).
(b) Adoption of
resolutions approving the Fiscal Year 2001-2002 Engineer’s Reports, and
approving the base assessment with an annual adjustment and imposing the
assessments for:
(1) Maintenance District 9.
(2) Maintenance District 11.
(3) Maintenance District 19.
(4) Maintenance District 20.
(c) Direction to City staff to begin the
process of forming a new district to replace Maintenance District 4.
Council Districts 2, 3, and 4. (Public Works)
(Continued from 6/26/01 – Items 4.3 and 4.4)
Documents Filed: (1) Memorandum from Acting Director of Public Works Rajeev Batra, dated July 18, 2001, recommending Council (a) accept the ballot tabulation results for Maintenance Districts 4, 9, 11, 19, and 20; (b) adopt the resolutions approving the Engineer’s reports and the base assessments for Maintenance Districts 9, 11, 19, and 20; and(c) direct Staff to begin the process of forming a new district to replace Maintenance District 4. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated June 4, 2001, recommending Council conduct the public hearings for the formation of Maintenance Districts 19 and 20, and direct the City Clerk to tabulate the property owner ballots and report the results to Council. (3) Memorandum from Acting Director of Public Works Rajeev Batra, dated June 4, 2001, recommending Council conduct the public hearings for the authorization and modification of Maintenance Districts 4, 9, and 11, and direct the City Clerk to tabulate the ballots and report the results to Council. (4) Memo-randum from Assistant City Clerk Nancy Alford dated August 7, 2001, attaching the summary of Maintenance District ballot results.
Discussion/Action: Assistant City Clerk Nancy Alford reported the following ballot tabulation results for Maintenance Districts 4, 9, 11, 19, and 20: (1) A majority of 100% of voters opposed the reauthorization for Maintenance District 4 (Gateway Place – Airport Parkway); (2) A majority of 83.63% of voters favored the reauthorization for Maintenance District 9 (Santa Teresa – Great Oaks); (3) A majority of 56.1% of voters favored the reauthorization for Maintenance District 11 (Brokaw Road from Junction Avenue to Old Oakland Road); (4) For Maintenance District 19: Zone A, a majority of 65.1% of voters favored the formation, and for Zone B, a majority of 90.2% of voters favored the formation; (5) For Maintenance District 20 (Renaissance – North First Landscaping): Zone A, a majority of 79.1% of voters favored the formation, and for Zone B, a majority of 50.8% of voters favored the formation. Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the tabulation results were approved and Resolution No. 70551, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Modification and Reauthorization of Maintenance District 9 (Santa Teresa – Great Oaks) Including the Adoption of the Engineer’s Report and Setting the Assessment as Detailed Therein”; Resolution No. 70552, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Modification and Reauthorization of Maintenance District 11 (Brokaw Road From Junction Avenue to Old Oakland Road) Including the Adoption of the Engineer’s Report and Setting the Assessment as Detailed Therein”; Resolution No. 70553, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Establishment of Maintenance District 19 (River Oaks Area Landscaping) Including the Adoption of the Engineer’s Report and Setting the Assessment as Detailed Therein”; and Resolution No. 70554, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Establishment of Maintenance District 20 (Renaissance – North First Landscaping) Including the Adoption of the Engineer’s Report and Setting the Assessment as Detailed Therein”, were adopted and Staff directed to begin the process of forming a new district to replace Maintenance District 4. Vote: 11-0-0-0.
4.3 (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)
Documents Filed: None.
Discussion/Action: This item was deferred to August 14, 2001.
4.4 Adoption of resolutions approving,
confirming, and adopting the Annual Budget Reports for Fiscal Year 2001-02 for
the following City of San José Maintenance Districts and levying the
assessments therein:
(a) Maintenance District 1
(b) Maintenance District 2
(c) Maintenance District 5
(d) Maintenance District 8
(e) Maintenance District 13
(f) Maintenance District 15
(g) Maintenance District 18
Council
Districts 2, 4, and 8. (Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated July 18, 2001, recommending Council adopt
said resolutions for actions related to Maintenance Districts 1, 2, 5, 8, 13,
15, and 18 and levying the assessments therein.
Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Chavez and unanimously carried, Resolution No. 70555, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 1 (Los Paseos) For Fiscal Year 2001-2002 and Levying Assessments”; Resolution No. 70556, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 2 (Trade Zone Boulevard – Lundy Avenue) For Fiscal Year 2001-2002 and Levying Assessments”; Resolution No. 70557, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 5 (Orchard Parkway – Plumeria Drive) For Fiscal Year 2001-2002 and Levying Assessments”; Resolution No. 70558, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 8 (Zanker – Montague) For Fiscal Year 2001-2002 and Levying Assessments”; Resolution No. 70559, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 13 (Karina – O’Nel) For Fiscal Year 2001-2002 and Levying Assessments”; Resolution No. 70560, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 15 (Silver Creek Valley) For Fiscal Year 2001-2002 and Levying Assessments”; and Resolution No. 70561, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 18 (The Meadowlands) For Fiscal Year 2001-2002 and Levying Assessments”, were adopted. Vote: 11-0-0-0.
4.5 Approval of an agreement with Javier and
Amelia Vega, for the purchase of a parcel of land located at 870 Tully Road in
the amount of $795,000, and authorization for the Director of Public works to
execute the necessary documents to complete the transaction. CEQA:
Exempt. Council District 7. SNI:
West Evergreen and Tully/Senter.
(Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated July 18, 2001, recommending Council approve
said agreement and authorize the Director of Public Works to execute the
necessary documents to complete the transaction.
Discussion/Action:
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and
unanimously carried, the agreement with Javier and Amelia Vega was approved and
execution of the agreement authorized. Vote:
11-0-0-0.
4.6 Report on bids and award of contract for
the Hensley Historic District, W. San Carlos, and E. Santa Clara Pedestrian
Streetlighting Improvement Project to the low bidder. CEQA: Exempt. Council
Districts 3 and 6. SNI: 13th Street.
(Public
Works)
Documents Filed: None.
Discussion/Action: This item was deferred to August 14, 2001.
5.1 Report of the Education, Neighborhoods,
Youth, and Seniors Committee – June 18, 2001
Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of June 18, 2001
(a) Youth Commission Monthly Reports. Attachment: Memorandum from San José Youth Commission Chairperson Jennifer Leung, dated June 6, 2001, submitting the Youth Commission Report for April-May, 2001.
(1) Follow-up report on Domestic Violence
The Committee accepted the report.
(b) Aging Services Master Plan Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 10, 2001, recommending acceptance of the report.
The Committee accepted the report with the directive to Staff that a Preliminary Report is presented to the Committee at the September 17, 2001 meeting on the strategies and processes for updating the Strategic Plan for Aging Services, including cost per unit per service; and A Senior’s Citywide event is held in May 2002.
(c) San José BEST Recommendations/Evaluations. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 6, 2001, recommending (1) approval of the B.E.S.T. Cycle XI Allocation Plan for 2001-2002; (2) approval of the 2001-2004 Mayor’s Gang Prevention Task Force Strategic Plan; and (3) adoption of a resolution authorizing the City Manager to negotiate and execute grant agreements with the B.E.S.T. Eligible Service Providers, consistent with the Cycle XI Allocation Plan for a specified amount.
The Committee accepted the report, with the directives to Staff that reports be prepared and returned to the Committee at the September 17, 2001 meeting responding to the following issues: (1) Is truancy going down; are the schools still losing as much money; and are we seeing less repeat offenders? (2) A breakdown of the number of surveys sent to parents versus number of responses. (3) Report on police statistics on young people who have been involved in severe injuries or deaths over the last 6 months to see how many of those were in school, habitual truants, or dropped out of school (when and why). (4) A meeting is held for each group funded, including the Police Department, to philosophically approach the question of truancy.
Discussion/Action: See Item 5.4 for Council action taken.
(d) Report on the implementation/timeline for Skate Park. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 10, 2001, noting the purpose of the memorandum and providing a follow-up report summarizing specific elements existing at public skate parks.
(1) A preliminary report indicating acreage by type, cost by type, and timeline by type; and
(2) A diagram identifying parks presently in operation, those supervised/un-supervised, the type, cost and hours of operation.
The Committee accepted the report, with the following directives to Staff: The Skatepark Update Report will become monthly which will include what parks are planned, where in the process, timelines and a calendar showing dates for implementation for the various skateparks throughout the City.
(e) Request for direction and approval on proposed ordinance amending Chapter 17.72 of the San José Municipal Code as to the definition of blight, minimum property maintenance standards on two-family and multi-family property, commercial and industrial property landscape requirements, enforcement remedies and, request for direction and comments on landscape maintenance standards for single-family residential property.
This Item Heard by Council on June 26, 2001.
(f) Approval of the final draft Auto Body Ordinance. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 11, 2001, requesting ENYS Committee forward to the City Council the recommendation to adopt the Automobile Body Repair Shop Ordinance and to approve the Inspection fee schedule to implement the program.
The Committee accepted the report.
(g) Approval of final draft for “Blueprint for Bridging the Digital Divide”. Attach-ment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 6, 2001, recommending the acceptance and approval of the Final Draft of the Blueprint for Bridging the Digital Divide”.
The Committee accepted the report with the following directive: Action steps for year one, including the inventory of existing resources, funding implications, and Smart Start Centers, is returned to the Committee at the September 17, 2001 meeting.
(h) Oral petitions
None Presented.
(i) Adjournment
The Committee adjourned at 4:10 p.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Education, Neighborhoods, Youth, and Seniors Committee Report and actions of June 18, 2001 accepted with Item 5.1(c) acted upon at Item 5.4. Vote: 11-0-0-0.
5.2 Acceptance of the 2001 Public Art
Workplan Second Quarter Report.
(Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated July 18, 2001, recommending Council accept the report.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Diquisto and unanimously carried, the 2001 Public Art Workplan Second Quarter Report was accepted with direction to Staff to submit a report to Council on how the art will be maintained. Vote: 11-0-0-0.
5.3 Adoption of a resolution approving,
confirming, and adopting the City of San José Library Benefit Assessment
District Annual Report for Fiscal Year 2001-2002 and levying the
assessments. (Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated July 18, 2001, recommending Council adopt
said resolution.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, Resolution No. 70562, entitled: “A Resolution of the Council of the City of San José Approving, Confirming and Adopting the City of San José Library Benefit Assessment District Annual Report for Fiscal Year 2001-2002 and Levying the Assessments”, was adopted. Vote: 11-0-0-0.
5.4 (a) Approval of the San José BEST (Bringing
Everyone’s Strengths Together) Cycle XI Allocation Plan for 2001-2002.
(b) Approval of the 2001-2004 Mayor’s Gang
Prevention Task Force Strategic Plan.
(c) Adoption of a resolution authorizing the
City Manager to negotiate and execute grant agreements with the BEST Eligible
Service Providers, consistent with the Cycle XI Allocation Plan, for a total
amount not to exceed $3,660,700.
(Parks, Recreation and Neighborhood
Services)
[Education,
Neighborhoods, Youth and Seniors Committee referral 6/18/01 – Item 5.1(c)]
Documents
Filed: Memorandum from Assistant to
the City Manager, Deanna J. Santana, dated August 2, 2001, transmitting a copy
of the report presented to the ENYS Committee.
Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the San José B.E.S.T. Allocation Plan and the Mayor’s Gang Prevention Task Force Strategic Plan were approved, and Resolution No. 70563, entitled: “Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Grant Agreements For a Total Amount Not to Exceed $3,660,700 With B.E.S.T. Eligible Service Providers, Consistent With the B.E.S.T. Cycle XI Allocation Plan”, was adopted. Vote: 11-0-0-0.
6.1 Adoption of a Parking Rate Resolution
increasing parking rates at the San José McEnery Convention Center parking
garage. Council District 3. (Transportation)
(Deferred from 6/26/01 – Item 6.7)
Documents
Filed: (1) Supplemental Memorandum from Director of Transportation Wayne K.
Tanda, and Director of Conventions,
Arts and Entertainment Nancy Johnson, dated July 27, 2001, providing
supplemental information on additional public outreach that has occurred on the
proposed Convention Center parking rate increase, and detailed parking rate
survey information. (2) Memorandum from Director of Transportation Wayne
K. Tanda, dated June 4, 2001,
recommending Council adopt said resolution.
Discussion/Action: Discussing the details of the comparative rates in Downtown San José and the Convention Centers located in San Francisco, Oakland, Los Angeles, Long Beach, Anaheim, and Seattle, Council Member Dando articulated her concern about the exorbitant rates proposed for Library patrons, particularly students, and queried Staff on the development of an alternate system that is less expensive and cumbersome. She urged Council to approve Staff’s recommendation to increase parking rates at the Convention Center garage, without increasing the current day rate of $5, and to return to Council with a report and recommendations that would be economical for Library patrons. Upon motion by Council Member Dando, seconded by Council Member Chavez and unanimously carried, Resolution No. 70564, entitled: “A Resolution of the Council of the City of San José Adopting a Master Parking Rate Schedule For Municipal On and Off Street Parking Facilities and for the Downtown Validation Programs, and Repealing Resolution No. 70288”, was adopted with the exception of the $5.00 Day Rate for Library access, which will remain at the current rate with Staff directed to explore other methods that are less cumbersome and expensive and submit a report to Council.
Vote: 11-0-0-0.
6.2 PUBLIC HEARING and adoption of a
resolution approving the vacation of a portion of the public service easement
on Lots 1 and 5 of Tract No. 9257 on Fleming Avenue across Mahoney Avenue. CEQA:
ND. (Public Works)
Documents
Filed: (1) Memorandum from Acting
Director of Public Works Rajeev Batra, dated July 18, 2001, recommending
Council take appropriate action approving said vacation. (2) Resolution Setting
a public hearing to consider whether to vacate a portion of the public service
easement on Lots 1 and 5 of Tract 9257 on Fleming Avenue across Mahoney Avenue,
adopted by Council on June 19, 2001, and Proof of Publication of the title of
Resolution No. 70426, executed on July 25, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the proposed vacation. There was no discussion from the Floor. Upon motion by Council Member Campos, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed and Resolution No. 70565, entitled: “Resolution of the Council of the City of San José Vacating a Portion of Public Service Easement of Tract No. 9257, Lots 1 and 5 On Fleming Avenue Across Mahoney Avenue”, was adopted. Vote: 11-0-0-0.
ENVIRONMENTAL & UTILITY
SERVICES
7.1 Adoption of a resolution authorizing the
City Manager to negotiate and execute an agreement with Brown and Caldwell for
Professional Engineering Services to provide design services for two new South
Bay Water Recycling reservoirs to be located in the Evergreen and Silver Creek
areas of San José and for construction management for the Silver Creek
reservoir, in an amount not to exceed $3,100,000, including $250,000 for
additional engineering support to accommodate project uncertainties, for the
period September 1, 2001 to December 31, 2004.
CEQA: ND. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated July 25, 2001, recommending Council approve an agreement with Brown and Caldwell. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated July 12, 2001, recommending approval of the agreement with Brown and Caldwell.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70566, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With Brown and Caldwell for Professional Engineering Services for the Design of Two New South Bay Water Recycling Reservoirs and for Construction Management of One New Reservoir In an Amount Not to Exceed $3,100,000 for the Period of September 1, 2001 Through December 31, 2004”, was adopted. Vote: 11-0-0-0.
7.2 Adoption of a resolution authorizing the
City Manager to negotiate and execute an agreement with Gas Recovery Systems,
Inc. for the sale and delivery of landfill methane gas at below market rates
from Browning Ferris Industries Newby Island site to the San José/Santa Clara
Water Pollution Control Plant.
(Environmental Services)
Documents Filed: Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated July 12, 2001, recommending adoption of said resolution.
Discussion/Action: This item was dropped.
Disclosure of Closed Session Action of August 7, 2001 submitted by City Attorney, J. Richard Doyle:
A. Authority to Enter Litigation Cases as Amicus Curiae:
1. Case Name: Charter Communications, Inc., et al. v. County of Santa Cruz
Adverse Party or Parties: Charter Communications, Inc.
Substance of Litigation: Dispute regarding the process and review of a cable franchise transfer application.
Council Vote: Ayes: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Noes: None.
Absent: None.
Disqualified: None.
In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps: Attachment: Letter from City Clerk Patricia L. O’Hearn, dated August 1, 2001, transmitting said report.
TRACT PROPOSED DECISION
Tract No. 9296 Approve
Tract No. 9332 Approve
Tract No. 9343 Approve
Tract No. 9351 Approve
The following individuals noted the provisions contained in the City Charter regarding tax revenue of the Redevelopment Agency: Linda Rae Hermann, Kate Lutz, Colette Marie McLaughlin, Yolanda Reynolds, and William J. Garbett.
The Council of the City of San José adjourned at 2:55 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK
by Nancy Alford, Assistant City Clerk