MINUTES OF THE CITY COUNCIL
SAN JOSE, CALIFORNIA TUESDAY,
SEPTEMBER 4, 2001
The Council of the City of San José convened in regular session at 9:00 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, Council recessed at 9:35 a.m. in Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In re Moffett; (2) In re Standing-Elk; (3) Ruffo, et al., v. City of San José, et al.; (4) Association of Monterey Bay Area Governments v. City of San José, et al.; (5) County of Santa Cruz v. City of San José, et al.; (6) City of Salinas v. City of San José; and (7) Sierra Club, et al. v. City of San José.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:40 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.
Invocation
Monsignor John Sandersfeld, Pastor
of St. Francis of Assisi Catholic Church, delivered the invocation. (District
8)
Pledge of Allegiance
Mayor Gonzales led in the Pledge of Allegiance.
Orders of the Day
Upon motion by Council Member Williams, 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 a commendation recognizing the Falun Gong practitioners.
(Human Rights Commission/Reed)
(This Item renumbered from Item 3.5)
Documents filed: (1) Memorandum from Council Member Reed, dated August 27, 2001, recommending the City Council adopt a Resolution in support of the human rights of the practitioners of Falun Gong. (2) Packet consisting of undated correspondence from Stephanie Li, report entitled China’s War Against Falun Gong Extends Overseas, magazine entitled Compassion, dated First Quarter 2001, report entitled Women of Conscience, dated July 2001, and Video entitled Human Rights Violation (Persecution of Falun Gong).
Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Reed and Falun Gong Practitioner Alan Huang, a United States citizen working as a staff software engineer at a semiconductor company in the City of San José. He accepted the commendation and urged all citizens to continue fighting for the protection of fundamental rights to freedom of belief and expression and peaceful activities of Falun Gong practitioners.
CONSENT CALENDAR
Upon motion by Council Member Diquisto, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 11-0-0-0.
2.2 (a) Final adoption of Ordinance No. 26467 – Rezones certain real property situated at the north side of East William Street, 65 feet easterly of Brookwood Terrace. PDC 00-07-057
Documents filed: Proof of publication of title of Ordinance No. 26467 executed on August 28, 2001, submitted by the City Clerk.
Discussion/Action:
Ordinance No. 26467 was adopted.
Vote: 11-0-0-0.
(b) Final adoption of Ordinance No. 26468 – Rezones certain real property situated at the terminus of Kentucky Place. PDC 00-12-129
Documents filed: Proof of publication of title of Ordinance No. 26468 executed on August 28, 2001, submitted by the City Clerk.
Discussion/Action:
Ordinance No. 26468 was adopted.
Vote: 11-0-0-0.
(c) Final adoption of Ordinance No. 26469 – Rezones certain real property situated on the south side of Madden Avenue at the terminus of Interstate 680. PDC 01-01-004
Documents filed: Proof of publication of title of Ordinance No. 26469 executed on August 28, 2001, submitted by the City Clerk.
Discussion/Action:
Ordinance No. 26469 was adopted.
Vote: 11-0-0-0.
(d) Final adoption of Ordinance No. 26470 – Rezones certain real property situated at the west side of Monterey Road approximately 100 feet easterly of Stauffer Boulevard. PDC 00-10-108
Documents filed: Proof of publication of title of Ordinance No. 26470 executed on August 28, 2001, submitted by the City Clerk.
Discussion/Action:
Ordinance No. 26470 was adopted.
Vote: 11-0-0-0.
(e) Final adoption of Ordinance No. 26471 – Prezones certain real property situated on the south side of Woodard Road approximately 110 feet easterly of Starview Drive. C 01-03-034
Documents filed: Proof of publication of title of Ordinance No. 26471 executed on August 28, 2001, submitted by the City Clerk.
Discussion/Action:
Ordinance No. 26471 was adopted.
Vote: 11-0-0-0.
2.3 Adoption of a Resolution authorizing the City Attorney to execute the second amendment to the legal services Agreement with McCutchen Doyle Brown & Enersen to increase the compensation by $200,000, for a total amount not to exceed $525,000. (Boards of Administration for the Police & Fire Department Retirement Plan and Federated City Employees’ Retirement System)
Documents filed: Memorandum from the Board of Administration for the Police and Fire Department Retirement Plan and Federated City Employees’ Retirement Plan, dated August 15, 2001, recommending the adoption of said Resolution.
Discussion/Action: Resolution No. 70597, entitled: “A Resolution of the Council of the City
of San José Authorizing the City Manager to Negotiate and Execute the Second
Amendment to the Agreement with McCutchen, Doyle, Brown & Enersen LLP for
Legal Services in Connection with the Real Estate Portfolios of the Retirement
Boards”, was adopted. Vote: 11-0-0-0.
2.4 Approval of City Manager Del Borgsdorf’s travel to Salt Lake City, Utah, from September 22-26, 2001, for the ICMA’s 87th Annual Conference, to participate in a panel entitled “Show Me the Money: Fiscal Impacts of Smart Growth.”
(City Manager’s Office)
Documents filed: Memorandum from City Manager Borgsdorf, dated August 16, 2001, recommending approval of said travel.
Discussion/Action: The travel of City Manager Borgsdorf to Salt Lake City, Utah to participate in ICMA’s 87th Annual Conference was approved. Vote: 11-0-0-0.
2.5 Adoption of appropriation Ordinance and funding sources
Resolution amendments increasing the Housing loans, grants, and sites
acquisition appropriation to the Housing Department by $77,685. (City Manager’s Office)
Documents filed: None.
Discussion/Action: This item was deferred to September 18, 2001.
2.6 Adoption of a Resolution authorizing the City Manager to negotiate and execute an Agreement with artist Cork Marcheschi to fabricate and install a work of art for the Fourth and San Fernando Street Garage, in an amount not to exceed $378,500. CEQA: Resolution No. 58839. Council District 3.
(Conventions, Arts and Entertainment)
Documents
filed: Memorandum from Nancy Johnson, Director of Conventions, Arts and
Entertainment, dated August 15, 2001, recommending adoption of said Resolution.
Discussion/Action: Resolution No. 70598, entitled: “A Resolution of the Council of the City
of San José Authorizing the City Attorney to Negotiate and Execute an Agreement
with Cork Marcheschi for a Work of Art for the Fourth and San Fernando Street
Garage in an Amount Not to Exceed $378,500”, was adopted. Vote: 11-0-0-0.
2.7 Approval of a first amendment to an Agreement with Pacific Gas and Electric Company for implementation of a financial incentive program to encourage the installation of energy efficient roofs in nonresidential buildings, extending the term of the program to March 31, 2002, and expanding the geographic territory of the program from the City of San José to all of Santa Clara County, at no cost to the City. (Environmental Services)
Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated August 15, 2001, recommending adoption of said first amendment.
Discussion/Action: The first amendment to the Agreement with Pacific Gas and Electric Company was approved and execution of the amendment authorized. Vote: 11-0-0-0.
2.8 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #6, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents filed: Memorandum from Francis B. McVey, Acting Director of General Services, dated August 15, 2001, approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List #6 for FY 2001-2002 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
2.9 Approval of an option to purchase 565 additional light fixtures from Electrical Distributors at the same bid price at a total cost of $148,888.80, including tax, and authorization for the Director of General Services to execute a purchase order. (General Services)
Documents filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated August 15, 2001, recommending approval of said option to purchase light fixtures from Electrical Distributors and authorization for the Director of General Services to execute a purchase order.
Discussion/Action: The option to purchase additional light fixtures from Electrical Distributors at the same bid price was approved, and execution of the purchase order authorized. Vote: 11-0-0-0.
2.10 Adoption of a Resolution authorizing the City Clerk to execute an Agreement for the services of Jim Williamson, Assistant City Auditor of Oklahoma City, to conduct a performance audit of the City Auditor’s Office for 1999-00 and 2000-01, in an amount not to exceed $8,000, pursuant to the peer review guidelines of National Association of Local Government Auditors (NALGA). (Mayor)
Documents filed: Memorandum from Mayor Gonzales, dated August 30, 2001, recommending the adoption of said Resolution.
Discussion/Action: Resolution No. 70599, entitled: “A
Resolution of the Council of the City of San José Authorizing the City Clerk to
Execute an Agreement with Jim Williamson, Assistant City Auditor of Oklahoma
City to Conduct a Biennial Performance Audit of the City Auditor’s Office for
1999-00 and 2000-01 in an Amount Not to Exceed $8,000, Pursuant to the Peer
Review Guidelines of the National Association of Local Government Auditors
(NALGA)”, was adopted. Vote: 11-0-0-0.
2.11 Approval of a four-year lease agreement with J. R. Realty #1 and Bascom Equity Partners, LLC for 2,116 square feet of office space on the second floor of their building located at 1190 S. Bascom Avenue for the Parks, Recreation and Neighborhood Services Department’s Office on Aging, at a rental rate of $3,385.60 per month for the first year of the lease. (Public Works)
Documents filed: Memorandum from Rajeev Batra, Acting Director of Public Works, dated August 28, 2001, recommending approval of said lease agreement with J. R. Realty #1 and Bascom Equity Partners, LLC.
Discussion/Action: The lease agreement with J. R. Realty #1 and Bascom Equity Partners, LLC, was approved and its execution authorized. Vote: 11-0-0-0.
2.12 Approval of a four-year lease agreement with Cornerstone Properties, LLC for 4,212 square feet of office space on the twelfth floor of their building located at 4 North Second Street for the Department of Transportation at a rental rate of $14,742 per month for the first year of the lease. (Public Works)
Documents filed: Memorandum from Rajeev Batra, Acting Director of Public Works, dated August 15, 2001, recommending approval of said lease agreement with Cornerstone Properties, LLC.
Discussion/Action: The lease agreement with Cornerstone Properties, LLC was approved and its execution authorized. Vote: 11-0-0-0.
2.13 Approval of an appointment to the Downtown Parking Board. (Mayor)
(Rules Committee referral 8/29/01)
Documents filed: Memorandum from Mayor Gonzales, dated August 30, 2001, recommending Council approve the appointment of Elizabeth Monley as the At-Large Representative to the Downtown Parking Board.
Discussion/Action: The appointment of Elizabeth Monley to the Downtown Parking Board as At-Large Representative was approved. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – August 22, 2001
Documents filed: Rules Report of the meeting on August 22, 2001.
(a)
Redevelopment Agency items
reported out at Redevelopment Agency meeting.
The
Redevelopment Agency items to be reported out at Redevelopment Agency Board
meeting.
(b) City Council
(1)
Review September 4, 2001 Draft
Agenda
The
Committee approved the September 4, 2001 Draft Agenda with three additions.
(2)
Add New Items to August 28,
2001 Amended Agenda
The
Committee recommended seven additions to the August 28, 2001 City Council
Agenda.
(3)
Add New Items to August 28,
2001 General Plan Amended Agenda
The Committee recommended two additions to the August 28, 2001 General
Plan Amended Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance
and Infrastructure Committee
(b) Economic
Development and Environment Committee
(c) Education,
Neighborhoods, Youth, and Seniors Committee
None
Filed.
(d) Meeting Schedules
None
Presented.
(e)
The Public Record. Attachment:
(1) Memorandum from City Clerk Patricia L. O’Hearn, dated August 16, 2001,
listing items transmitted to the Administration and those items filed for
the Public Record for the period of August 1-14, 2001.
The Committee noted and filed the Public Record for the period August 1-14, 2001.
(f) Boards, Commissions and Committees
None
Presented.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee
(1) Referral
to Administration for a workload assessment on developing a Construction Impact
Mitigation Plan
This
item was dropped from the Agenda.
(h) Administrative Reviews and Approval
None Presented.
(i) Oral Communications
William J. Garbett spoke on the General Plan.
(j) Adjournment -
The
Committee meeting was adjourned at 2:30 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee report and actions of August 22, 2001, were accepted. Vote: 11-0-0-0.
3.3 Report of the Finance and Infrastructure Committee – August 22, 2001
Documents filed: Finance and Infrastructure Committee report of August 22, 2001.
(a) Consent Items
(1) Monthly
Investment Report for May 2001 (Finance). Attachment: Memorandum from Scott P.
Johnson, Director of Finance, dated June 22, 2001, transmitting the May 2001
Investment Report.
(2) Monthly
Investment Report for June 2001 (Finance). Attachment: Memorandum from Scott P.
Johnson, Director of Finance, dated July 25, 2001, transmitting the June 2001
Investment Report.
(3) June
Monthly Report (Auditor). Attachment: Memorandum from City Auditor Gerald A.
Silva, dated August 8, 2001, transmitting the June Monthly Activities Report
for the Office of the City Auditor.
The
Committee approved the Consent Items.
(b) Findings Report on Bay 101 Conditional
Approval of Stock Transfer Agreement for Quarter Ending March 31, 2001 (Auditor).
Attachment: Memorandum from City Auditor Gerald A. Silva, dated August 1, 2001,
submitting the Finding Reports from Kafoury, Armstrong & Company, LLP
relating to the Bay 101 Conditional Approval of Stock Transfer, for quarter
ending March 31, 2001.
(c) Unfunded Projects Appropriation Report
(Public Works). Attachment: Memorandum from Rajeev Batra, Acting Director of
Public Works, dated August 8, 2001, submitting the report on unfounded capital
project staff costs for period of July 1, 2001 through June 30, 2001.
The
Committee accepted the reports.
(d) Monthly Financial Statement for July
(e) Capital Cost Report for July
(f) Cash Flow Projection
Items 3.3(d), (e) & (f) were referred to the Redevelopment Agency Board for consideration.
(g) Oral Petitions
Bill
Chew spoke about the condition of the City’s streets and sidewalks.
(h)
Adjournment
The
Committee meeting was adjourned at 3:00 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 August 22, 2001, were accepted. Vote: 11-0-0-0.
3.4 Consideration of the Library Commission recommendation regarding the proposed renaming of the Empire Branch Library. (Chavez, Mayor)
Documents filed: None.
Discussion/Action: This item was deferred to September 18, 2001.
3.5 Adoption of a Resolution in support of the human rights of the practitioners of Falun Gong. (Human Rights Commission/Reed)
Documents filed: See Item 1.1 for documents filed.
Discussion/Action: This item was renumbered to Item 1.1
3.6 Approval of direction to staff to take the necessary actions, including review by the Airport Commission, to rename San José International Airport to the Norman Y. Mineta San José International Airport. (Mayor)
(Rules Committee referral 8/29/01)
Documents filed: (1) Memorandum from Mayor Gonzales, dated August 31, 2001, recommending Council direct Staff to take the necessary actions, including review by the Airport Commission, to rename San José International Airport to the Norman Y. Mineta San José International Airport. (2) Undated correspondence from Neal A. Pate, opposing the proposed renaming of the San José International Airport.
Discussion/Action: As a point of clarification, Mayor Gonzales stated the issue before the City Council involves a decision to honor Norm Mineta for his exemplary career; if approved, the concept will be forwarded to the Airport Commission for deliberation with direction to return to Council with a report and recommendation for appropriate action. Referencing some of the outstanding accomplishments in the career of former San José Mayor Ernest Renzel, Council Member Dando requested Staff explore ideas that would appropriately honor Mr. Renzel for his contributions. The following individuals spoke in opposition to the proposal to rename the San José Airport: Maureen Lennon, G. H. McKay, Neal Pate, and William Garbett. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Staff was directed to take necessary actions, including review by the Airport Commission, to rename San José International Airport to the Norman Y. Mineta San José International Airport, and to examine protocols used by other prominent cities in the naming/renaming of their airports. Vote: 11-0-0-0.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.2 Adoption of a Resolution to amend the Administrative Citation Schedule of Fines to incorporate new and/or progressive fines for various sections of the Municipal Code as follows:
(a) Window Tinting at Beverage Service businesses – Ordinance No. 26133.
(1) Establish a graduated schedule of $250, $500, and $1000 for each occurrence of non-compliance with either Section 6.82.110 (Compliance with Chapter) or Section 6.82.120 (Window Tint Specifications – visibility into establishment).
(b) Abandoned Cart Prevention – Ordinance No. 26292.
(1) Establish a fee of $50 for each occurrence of non-compliance with Section 9.60.300 (Cart Abandonment Prohibited); and
(2) Establish a graduated schedule of $50, $100, and $250 for each occurrence of non-compliance with either Section 9/60.320 (Unauthorized removal prohibited) or Section 9.60.330 (Compliance with Prevention Plan).
(c) Amendment to Blight Code – Ordinance No. 26443.
(1) Establish a graduated schedule of $250, $500, and $1,000 for each occurrence of non-compliance with either Section 17.72.015 (Prohibition of Blighted Property) or Section 17.72.020 Enforcement (Compliance with Chapter).
(d) Zoning Ordinance – Ordinance No. 26248.
(1) Establish a fine of $50 for each occurrence of non-compliance with Section 20.30.430 (Front Set Back – Parking and Storage).
(Planning, Building and Code Enforcement)
Documents filed: Memorandum from Joseph Horwedel, Acting Director, Planning, Building & Code Enforcement Department, dated August 17, 2001, recommending Council adopt a Resolution to amend the Administrative Citation Schedule of Fines to incorporate new and/or progressive fines for various sections of the San José Municipal Code.
Discussion/Action: Upon motion by Council Member Diquisto, seconded by Council Member Chavez and unanimously carried, Resolution No. 70600, entitled: “A Resolution of the Council of the City of San José Setting Forth the Administrative Citation Schedule of Fines for Certain Violations of the San José Municipal Code, Effective September 4, 2001”, was adopted. Vote: 11-0-0-0.
4.3 (a) Adoption of appropriation Ordinance and funding sources Resolution amendments to the Housing and City-wide Parks Construction and Conveyance Tax Funds which:
(1) Establish an Interfund Transfer appropriation in the amount of $750,000, in the Low- and Moderate-Income Housing Fund for transfer to the Citywide Parks Construction and Conveyance (“CPC&C”) Fund 391, to pay for a City-owned 0.51-acre parcel on the north side of Coleman Road between Almaden Expressway and Los Alamitos Creek for the development of the Sycamore Terrace project; and
(2) Reduce the Loans, Grants, and Site Acquisition appropriation in the Low- and Moderate-Income Housing Fund by $750,000; and
(3) Increase the estimate for Interfund Transfer revenue in the Citywide Parks and Construction Conveyance Tax Fund by $750,000; and
(4) Establish a Guadalupe Creek/Los Alamitos Creek Trail Connection Project in the amount of $750,000, in the Citywide Parks and Construction Conveyance Tax Fund.
(b) Approval of the establishment of a total budget of $1,080,000, for the next two-year period for the proposed Guadalupe Creek/Los Alamitos Creek Trail Connection Project.
(c) Adoption of a Resolution:
(1) Authorizing the Director of Housing to enter into exclusive negotiations with Pulte Home Corporation on behalf of the City to develop the Sycamore Terrace site, with at least 18 of the 59 units in the project being affordable to moderate-income households.
(2) Finding that the use of 20% Housing Funds for the acquisition of the City’s 0.51-acre parcel at the northeast corner of Almaden Expressway and Coleman Road to the Department of Housing is a benefit to the City’s Redevelopment Areas.
Council District 10.
(Parks, Recreation and Neighborhood Services/Housing/City Manager’s Office)
(Deferred from 8/28/01 – Item 4.3)
Documents filed: Memorandum from Mark Linder Director of Parks, Recreation and Neighborhood Services, Leslye Corsiglia Acting Director of Housing, and Budget Director Larry D. Lisenbee, dated August 15, 2001, recommending approval of said appropriation Ordinance and related revenue Resolution amendments.
Discussion/Action: Council Member Reed referenced page 4 of
the staff report and the prerequisite that “The City will also need to obtain a
joint use Agreement with the Water District, as the proposed trail improvements
are partially located on Water District property”, and queried Staff on the
timeframe within which a fully executed Agreement would be available.
Emphasizing the necessity to accelerate the timeline to less than one year,
Council Member Dando requested Staff finalize the joint use Agreement with the
Water District and submit the Agreement concurrently with the final Disposition
and Development Agreement for approval by the City Council. Regarding the unit
price to be subsidized, level of funding for the trail connection, and land
values in addition to subsidies for any trail connection, City Staff was
requested to provide Council with an informational memorandum for review. As a
point of clarification, City Manager Del D. Borgsdorf stated the relationship
with the Water District proposes to parallel the permitting processes of the
Department of Fish and Game and the Army Corps of Engineers, thereby enabling
the City to obtain clearances, permits and Agreements necessary for the
implementation of several City projects. William J. Garbett addressed the
Council in opposition to the proposal. Upon motion by Council Member Dando,
seconded by Council Member Diquisto and unanimously carried, Ordinance No.
26477, entitled: “An Ordinance of the City of San José Amending Ordinance No.
26415 to Appropriate Moneys in the Citywide Parks Construction and Conveyance
Tax Fund in the Amount of $750,000 for the Transfer and Development of the
Sycamore Terrace Site; and Finding That the Use of 20% Housing Funds is a
Benefit to the City’s Redevelopment Areas; and Providing That This Ordinance
Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70601,
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 Citywide Parks Construction and
Conveyance Tax Fund”, were adopted; the establishment of a total budget of
$1,080,000 for the next two-year period for the proposed Guadalupe Creek/Los
Alamitos Creek Trail Connection Project was approved; and Resolution No. 70602,
entitled: “A Resolution of the Council of the City of San José Authorizing the
Director of Housing to Negotiate and Execute an Exclusive Negotiation with
Pulte Home Corporation for the Development of an Affordable Housing Project on
City Property and Finding that the Use of 20% Housing Funds and Other Agency
Funds for the Housing Project is a Benefit to the Redevelopment Project Areas
in San José”, was adopted with Staff directed to finalize with Santa Clara
Valley Water District the terms of the joint use Agreement for the proposed
trail improvements and to bring the completed Agreement back to Council for
approval as part of the Disposition and Development Agreement process. Vote:
11-0-0-0.
RECREATION & CULTURAL SERVICES
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – Meeting of August 20, 2001
Documents filed: Education, Neighborhoods, Youth and Seniors Committee report of August 20, 2001.
(a) Youth Commission Monthly Report. Attachment: Memorandum from Jennifer Leung, Chairperson, San José Youth Commission, dated August 8, 2001, transmitting the June/August Youth Commission Report.
The
Committee accepted the report.
(b) Quarterly Progress Report on the new Dr. Martin Luther King, Jr. Library. Attachment: Memorandum from City Librarian Jane Light, dated August 8, 2001, transmitting the quarterly status report on the new Dr. Martin Luther King, Jr. Library Project.
The Committee accepted the staff report with
the directives to Staff (1) to schedule a meeting with Chair Chavez and the
Contractor Gil Bane Construction, as soon as possible; and (2) subsequent to
the August 29, 2001 opening of classes at San José State University that a
report is sent by August 31, 2001 to ENYS Committee regarding strategies to
improve safety near the construction site.
(c) Final Approval of the Blueprint for Bridging the Digital Divide. Attachment: (1) Memorandum from Mark Linder, Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 9, 2001, recommending Council adopt the new Youth Services Master Plan entitled Blueprint for Bridging the Digital Divide and its First Year Strategic Action Plan for FY 2001-2002, and adopt a Resolution that expedites the execution of grant Agreements outlined in the First Year Strategic Action Plan, as specified. (2) Supplemental memorandum from Mark Linder, Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 17, 2001, requesting the deferral of the selection and funding of the First Year Action Plan items outlined in the August 9, 2001 memorandum until such time that the Mayor and City Council accept and approve the Updated Youth Services Master Plan: Blueprint for Bridging the Digital Divide and future funding recommendation can be developed and reviewed by the Education, Neighborhoods, Youth and Seniors Committee, and clarifying that the $600,000 funding for proposed actions are one-time funds. (2) Hard copies of overhead presentation made by Staff, dated August 20, 2001 and prepared by the Youth Services Division.
The Committee (1) accepted the report and
recommended approval of the Blueprint for Bridging the Digital Divide and its
First Year Strategic Plan, and directed Staff to forward this item to Council
for action with the following inclusions: (a) Add timelines to the
recommendations on the Action Plan; (b) Bring the entire presentation before
Council in the evening session on September 4, 2001; (c) Notify school
collaboratives and the City’s non-profit partners of the presentation scheduled
for the evening Council meeting; (d) Develop procedures for accountability on
action items; (e) Provide in-depth information on key issues from the survey;
(f) Include the top ten items for analysis, in a manner to reflect the mind-set
of young people, regardless of the category; (g) Present quarterly reports to
the ENYS Committee and include updates on monitoring Action Items contained in
the Blueprint for Bridging the Digital Divide; and (2) directed Staff to return
to Committee with report on recommendations #2 and #3 of the staff report.
Discussion/Action: See Item 5.3 for Council Action Taken.
(d)
Skate Park Update. Attachment: Memorandum from Director of Parks, Recreation
and Neighborhood Services, Mark Linder, dated August 10, 2001, transmitting
an update on the status of San José’s Skate Park initiatives.
The report was presented to two members
present and forwarded to Council with directives to Staff (1) to submit to ENYS
Committee for approval at the October 15, 2001 meeting the Final Draft of the
implementation of skate parks plans; (2) to submit to ENYS Committee on October
15, 2001 for Council approval on October 30, 2001 the implementation of skate
parks; proposals; and (3) to begin exploring City-owned properties for
development of Skate Parks, once the proposals are approved by the City
Council.
(e) Distribution
of Homework Center Funds
This item was deferred to Special Meeting on
August 28, 2001 at 11:00 a.m.
(f) Approval of final draft for the implementation/timeline for the Skate Parks. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 10, 2001, stating this item will come forward to the Committee in October.
This item was deferred to October 15, 2001
meeting of the Education, Neighborhoods, Youth, and Seniors Committee.
(g) Oral
petitions
None Presented
(h)
Adjournment
The Committee meeting was adjourned at 5:10 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 August 20, 2001 were accepted with Item 5.1(c) heard under Item 5.3. Vote: 11-0-0-0.
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee - Special Meeting of August 28 2001
Documents filed: Education, Neighborhoods, Youth and Seniors Committee Special Meeting report of August 28, 2001.
(a) Distribution of Homework Center Funds. Attachment: (1) Hard copies of the overhead presentation made by Staff. (2) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 9, 2001, recommending a funding policy for Homework Centers Program FY 2001-2002: (a) That $2,265,500 in ongoing base funding for allocation equally between the ten City Council Districts; (b) That $608,000 in funding for new sites be distributed to Council District areas where the school sites have been identified by Council for expansion in FY 2001-02, and in school districts which choose not to operate a Homework Center Program and an accessible alternative community based site is not available for such program, funds become eligible for redistribution in accordance with FY 2002-03 guidelines, and (c) That an application of up to $22,000 per site be approved from the one-time re-allocated dollars from FY 2000-01 totaling $220,000 to enhance technology education programs and enhance linkages with existing and/or proposed community technology centers, to be applied at homework center sites selected by Council. (3) Supplemental memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 17, 2001, revising the assignment of expansion school sites in Council District 5 from nine to eight, and in Council District 7 from one to two expansion school sites.
The Committee accepted the report with two
members present and directed Staff to return on January 21, 2002 with a
comprehensive report containing (1) data collection on scheduled as well as
unscheduled visits to Homework Centers; (2) funding, General Fund versus
Healthy Neighborhood Venture Fund; (3) documented performance of all schools in
San José; (4) census data on where the majority of youngsters and the majority
of the most impoverished are located; (5) crime statistics by census track; and
(6) funding amounts established early in the process.
(b) Oral
petitions
None Presented.
(c) Adjournment
The Committee meeting was adjourned at 12:25 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 Special Meeting Report and actions of August 22, 2001, were accepted. Vote: 11-0-0-0.
5.2 (a) Approval of
the Guidelines For Events Held on City Owned and City-Operated Parking
Facilities (Including Redevelopment Agency Public Parking Facilities),
establishing the conditions under which the City may allow certain events to
occur on public parking facilities.
(b) Adoption
of a Resolution authorizing the Director of the Department of Conventions, Arts
and Entertainment, in coordination with the Director of the Department of
Transportation, to approve events on the parking facilities and to
negotiate and execute facility use
Agreements, in accordance with the Guidelines.
(c) Adoption of a Resolution superseding the current Master Parking Rate Resolution No. 70564, to establish fees to be paid by events using the parking facilities in accordance with the Guidelines.
CEQA: Exempt. Council Districts 3 and 5. SNI: St. James Square.
(Conventions, Arts and Entertainment/Transportation)
Documents filed: Memorandum from Director of the Department of Transportation Wayne Tanda, and Director of the Department of Conventions, Arts and Entertainment, Nancy Johnson dated August 15, 2001, recommending for Council consideration policy actions pertaining to the non-parking use of public parking facilities.
Discussion/Action:
Referencing page 2 of the staff report and the Guidelines Council Member Chavez
queried Staff on a method for monitoring the effectiveness of the program, and
suggested Staff submit a status report to the Economic Development &
Environment Committee, within a year, which identifies impacts to surface
parking and affected activities, and whether alternative parking demands are
met. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed
and unanimously carried, the guidelines for events held on City-owned and
City-operated parking facilities (Including Redevelopment Agency public parking
facilities), were approved and Staff directed to report back to the Economic
Development & Environment Committee on the effectiveness of the guidelines;
Resolution No. 70603, entitled: “A Resolution of the Council of the City of San
José Authorizing the Director of the Department of Conventions, Arts and
Entertainment to Approve Events on Parking Facilities and to Negotiate and
Execute Facility Use Agreements; and Resolution No. 70604, 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. 70564”, were
adopted.
Vote: 11-0-0-0.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Authorization for the submittal of the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board in conformance with the City’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System permit requirements, pursuant to the Federal Clean Water Act. (Environmental Services)
Documents filed: None.
Discussion/Action: This item was deferred to September 11, 2001.
7.2 PUBLIC HEARING and adoption of a Resolution approving the vacation of portions of Fontanoso Avenue and Piercy Road immediately south of Silver Creek Valley Road, reserving a public service easement. CEQA: Exempt. Council District 2. (Public Works)
Documents filed: (1) Memorandum from Rajeev Batra, Acting Director of Public Works, dated August 15, 2001, recommending the adoption of said Resolution. (2) Proof of Publication of Notice of Hearing, executed August 22, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the proposed street vacation. There was no discussion from the Floor. Upon motion by Council Member Williams, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed and Resolution No. 70605, entitled: “Resolution of the Council of the City of San José Vacating 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.
7.3 Approval
of amendments to consulting Agreements to extend the contract term and increase
compensation for services related to the completion of the Request for
Proposals for lease and/or operation of the San José Municipal Water
System. (City Manager's Office)
(Deferred from 8/28/01 – Item 7.2)
Documents filed: None.
Discussion/Action: This item was deferred to September 11, 2001.
PUBLIC SAFETY SERVICES
9.1 (a) Adoption of a Resolution authorizing the
City Manager to negotiate and execute the Pre-Hospital Emergency Medical
Services Agreement between the City and American Medical Response, Inc. (AMR)
for Advanced Life Support (ALS) First-Responder and Supplemental Transport
Ambulance (STAR) services.
(b) Approval
of the award for the purchase of four (4) rescue transport apparatus to the
sole bidder, Hi-Tech Emergency Vehicle Service, Inc. (Oakdale), for a total
cost not to exceed $1,111,369.68, and authorization for the Director of General
Services to execute the purchase order for the immediate purchase of these units.
(c) Adoption of a Resolution authorizing the Director of General Service to:
(1) Negotiate and execute a rental Agreement with AMR in an amount not to exceed $12,000, for a term not to exceed 120 days for the rental of two (2) Type II Ambulances for temporary use by the Fire Department to provide STAR services; and
(2) Award a contract or contracts in a total amount not to exceed $ 250,000, to the lowest responsive bidder for the purchase of two (2) Type III Modular Ambulances for use by the Fire Department to provide STAR services, and authorize the Director to execute the purchase order.
(d) Adoption of related appropriation Ordinance and funding sources Resolution amendments in the General Fund related to the ALS First Responder and Transport Services.
(City Manager’s Office/Fire)
Documents Filed: (1) Memorandum from Senior Deputy City Manager Darrell Dearborn, Fire Chief Manuel P. Alarcon, and Budget Director Larry D. Lisenbee, dated August 15, 2001, recommending Council adopt said Resolutions and Ordinances and approve various actions related to ALS first-responder and transport services. (2) Hard copies of the staff presentation on Emergency Medical Services Subcontract Options.
Discussion/Action:
Using overhead transparencies of the Emergency Medical Service Subcontract
Options, Senior Deputy City Manager Darrell Dearborn, Fire Chief Manuel P.
Alarcon, and Division Fire Chief Jeff Clet presented background information on
and a comprehensive summary of the actions related to the first responder and
emergency ambulance transport services contracted by the City of San José,
including EMS funding structure and services and operational characteristics
with and without Supplemental Transport Ambulance Services (STAR) costs, and
urged Council to approve the recommended option that meets all City objectives:
(1) Improves ambulance service to residents & visitors of San José in the
outlying areas; (2) minimizes City operational and financial risk; and (3)
reduces the net-City EMS costs for EMS services within San José. During Council
deliberation of the recommended Agreement, Council Member Dando stated Fire
Station #22 needs to be upgraded and the renovation project integrated into the
master planning process. She noted support for the proposed options and
expressed concerns regarding the addition of responsibilities for service
without the addition of designated Fire personnel in the various facilities.
Council Member Reed asked Staff to provide the protocol related to response
time when it’s in this Agreement with patient requirements for another
transport service; e.g. AMR or another respondent. Upon motion by Vice Mayor
Shirakawa, Jr., seconded by Council Member Dando and unanimously carried,
Resolution No. 70606, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute an Agreement with
American Medical Response, Inc. to Provide First Responder and Ambulance
Transportation Services Commencing on October 1, 2001 for a Term Not to Exceed
Ten Years”, was adopted; the award of purchase to Hi-Tech Emergency Vehicle
Service, Inc., the sole bidder, was approved and execution of the purchase
order authorized; Resolution No. 70607, entitled: “A Resolution of the Council
of the City of San José Authorizing the Director of General Services to Acquire
Ambulances for the Fire Department’s Participation in Star Services; Resolution
No. 70608, 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 2001-2001 to Adjust Revenues in the General Fund”; and
Ordinance No. 26478, entitled: “An Ordinance of the City of San José Amending
Ordinance No. 26415 to Appropriate Moneys in the General Fun in the Total
Amount of $582,000 for ALS First Responder and Transport Services; and
Providing That This Ordinance Shall Become Effective Immediately Upon
Adoption”, were adopted. Vote: 10-0-1-0. Absent: Diquisto.
9.2 Report on bids and award of contract to the sole bidder, Hi-Tech Emergency Vehicle Service, Inc. (Oakdale), at a total cost of $834,287.04, including tax, and authorization for the Director of General Services to execute the purchase order for the:
(a) Immediate
purchase of three rescue transport apparatus for the Fire Department; and
(b) Subsequent
purchase of additional conversions at the same bid price without further
Council action other than the appropriation of necessary funds.
(General Services)
Documents filed: None.
Discussion/Action: The referenced action was included in Item 9.1; therefore, this item was dropped from the Agenda;
Open Forum
Pete
Campbell stated he had not received a written reply from the City Attorney’s
Office.
RECESS/RECONVENE
Following Oral Communications, the
City Council recessed at 3:40 p.m. and reconvened at 7:10 p.m., Council
Chambers, City Hall.
Present: Council Members - Campos, Chavez, Cortese, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - Dando (excused).
The City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the below noted continuances were granted. Vote: 10-0-1-0. Absent: Dando.
11.2 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
(Continued from 8/14/01 – Item 11.9)
Documents filed: None.
Discussion/Action: This item was continued to October 2, 2001.
11.3 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
(Continued from 8/14/01 – Item 11.10)
Documents filed: None.
Discussion/Action: This item was continued to October 2, 2001.
11.4 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
(Continued from 8/14/01 – Item 11.16)
Documents filed: None.
Discussion/Action: This item was continued to September 18, 2001.
RECREATION & CULTURAL SERVICES
5.3 Adoption of the new Youth Services Master Plan, entitled
Blueprint for Bridging the Digital Divide and its First Year Strategic Action
Plan for FY 2001-2002 and other necessary actions. (Parks, Recreation and Neighborhood Services)
[Education, Neighborhoods, Youth and Seniors Committee
referral 8/20/01 – Item 5.1(c)]
Documents filed: (1) See Item 5.1(c) for the Staff report. (2) Supplemental memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 31, 2001, providing additional information as requested by the Education, Neighborhoods, Youth and Seniors Committee meeting on August 20, 2001. (3) Hard copies of the overhead presentation made by Staff.
Discussion/Action: Joined by Deputy Directors Ron Soto and Albert Balagso, Director of Parks, Recreation and Neighborhood Services Mark Linder introduced Youth Commissioners Alex Berger, Justin Imamura, Jennifer Leung, Amy Lee, Rachel Stone, and Jennifer Hernandez who presented background information on the Youth Services Master Plan, outlined strategic objectives and goals, discussed each of the outcomes, and identified the next steps in the Blueprint For Bridging the Digital Divide program. Using overhead transparencies, the Youth Commissioners defined the Vision and the Mission statements, discussed the activities reflected on the Blueprint Workplan Calendar for the period February through September, presented highlights for the three-year strategic objectives, and discussed the ten first year strategic outcome measurements. Council Member Chavez recommended approval of the report with directives to Staff to review cross-cultural awareness initiatives and how educational opportunities can be connected to families; emphasize parent education performance, thereby creating parents as advocates and as partners in learning; identify leadership roles for Council participation in the Early Childhood Development years 0-5, focusing on childcare efforts and policy development; increase the capacity to respond to the needs of youth between the ages of 13 and 17; and to identify and evaluate the successful aspects of the program, refine those segments and provide sufficient funding to strengthen the program. Akemi Flynn, Project Cornerstone, spoke in support of the proposed “blueprint”. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the new Youth Services Master Plan, entitled Blueprint for Bridging the Digital Divide report and related actions were approved with congratulations extended to the Youth Commissioners for their hard work. Vote: 10-0-1.0. Absent: Dando.
PUBLIC HEARINGS
11.1 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 8/14/01 – Item 11.3)
Documents filed: (1) Memorandum from Council Member Chavez, dated September 4, 2001, recommending Council approve the Planned Development Rezoning for PDC 01-02-013 as requested by the applicant, with the following adjustments: (a) Limit restaurant seating to 30 seats each for the first two tenant spaces; (b) Limit the third tenant space to Commercial use, excluding public eating establishments, and (c) Adjust current parking and garbage storage to add one to two parking spaces to the 20 spaces currently provided on-site. (2) Memorandum from James R. Derryberry, Secretary of the Planning Commission, dated March 19, 2001, stating the Planning Commission voted unanimously to recommend approval of the rezoning of the subject site as proposed by the applicant. (3) Report of the Staff of the Planning, Building and Code Enforcement Department, dated March 8, 2001, recommending approval of the requested rezoning of the site identified as PDC 01-02-013. (5) Proof of publication of notice of hearing, executed on March 2, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Tony Tafreshi spoke in support of the subject rezoning by approving the modified version 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. 26479, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the East Side of North First Street, Approximately 250’ Southerly of Burton Avenue (1100 North First Street), was passed for publication. Vote: 10-0-1-0. Absent: Dando
TRANSPORTATION SERVICES
6.1 Adoption of a Resolution authorizing the Director of Transportation to temporarily install traffic control devices to prevent vehicular traffic from making turns at the intersections of O’Brien Court and Campbell Avenue, and Campbell Avenue and Newhall Street for traffic calming purposes, and suspend enforcement of the 5-ton commercial vehicle prohibition on Newhall Street, all for a test period of up to 180 days. CEQA: Exempt. Council District 3. (Transportation)
Documents filed: (1) Memorandum from Wayne Tanda, Director, Department of Transportation, dated August 15, 2001, recommending the adoption of said Resolution. (2) Memorandum from City Attorney, J. Richard Doyle dated August 30, 2001, attaching correspondence from Berliner Cohen, representing Macanan Marketing and David W. Lively of Olimpia, Whelan, Lively & Ryan, representing Ciari Plumbing & Heating, Inc. (4) Petition signed by approximately 175 individuals in support of the proposed street closures. (5) Correspondence from the Newhall Neighborhood Association dated August 31, 2001, requesting a temporary closure of Campbell Avenue at Newhall Street and O’Brien Court at Campbell Avenue. (6) Letter from Director of Transportation, Wayne K. Tanda, dated May 8, 2001, submitted into the public record by Frank Ciari, clarifying truckload limit restrictions on Newhall.
Discussion/Action: Director of Transportation Wayne K. Tanda stated Staff is recommending a first-action traffic-calming plan in response to long-standing concerns of the Newhall residential neighborhood bordered by The Alameda (State Route 82), El Camino Real, Campbell Avenue, and the Nimitz Freeway (H-880). With the use of PowerPoint, Deputy Director of Traffic Operations Jim Helmer described the concerns of the neighborhood – traffic volume, speed, commercial vehicles, and noise resulting from late night and early morning commutes – and discussed the traffic analysis that was completed to determine traffic impacts in the area, comparing existing conditions with projected levels of service at various intersections during peak periods. Because of the volume of truck traffic, he stated commercial vehicles in excess of five tons are prohibited on Newhall Street between Campbell Avenue and The Alameda, and weight limit restriction signs have been posted. He recommended Council approve the installation of barricades at Campbell Avenue and Newhall Street and at Campbell Avenue and O’Brien Court to prevent vehicle traffic from turning left; that the five-ton commercial vehicle prohibition on Newhall Street be suspended for a test period of up to 180 days. During the test period, he stated Staff will collect traffic data and finalize the traffic analysis and conduct a final evaluation with input from community – a petition process to ascertain the number of residents and property owners in favor of the test plan, customer satisfaction surveys to determine the reduction or increase in the volume of cut-through traffic – and will forward a final report to Council within 150 days.
The following individuals spoke on various aspects of the issue: Jeff Wasel, Mimi Gardner, Frank Ciari and Steve Ciari, and David W. Lively, Ciari Plumbing and Heating, Inc., Robert Crum and Max Gahrahmat, Gahrahmat Properties, Andrea Dutra, Cheryl Foust, Mary G. Ahmed, Moustafa Ahmed, Jim L. Mayer, Nick Mayer, Jolie Houston, Macanan Marketing, Craggs, and Donald MacMillan, Colbalt Associates. During Council discussion of the Newhall Neighborhood Diversion Plan, Council Members suggested Staff facilitate increased dialogue between the neighborhood residents and the commercial community during the 180-day period; remove or cover up the truck prohibition signs on Newhall Street to accommodate the businesses during the trail period; and formulate alternative solutions to traffic calming without street closures. Upon motion by Council Member Chavez, seconded by Council Member Yeager and unanimously carried, Resolution No. 70609, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Transportation to Temporarily Install Traffic Control Devices to prevent Vehicular Traffic from Making Turns at the Intersections of Campbell Avenue and Newhall Street and O’Brien Court and Campbell Avenue, and Suspending Enforcement of the Five (5) Ton Commercial Vehicle Prohibition on Newhall Street, All for a Test Period of Up to One Hundred Eighty (180) Days”, was adopted with directive to Staff to incorporate responses to Council Members’ concerns when the result of the 180-day test period is presented to Council. Vote: 10-0-1-0. Absent: Dando.
Open Forum