The Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members: None.
Upon motion unanimously adopted, Council recessed at 9:32 a.m. to a 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) Chavez v. City of San José, et al.; (2) Manning v. City of San José, et al.; and (3) Kandah, et al. v. City of San José, et al.; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in two matters involving significant exposure to litigation.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1:40 p.m. in the Council Chambers.
Present: Council Members: Campos, Chavez, Cortese, Dando, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members: Diquisto (excused).
Bishop Brad Garrett, Church of Jesus Christ of Latter-day Saints, Alum Rock Ward, delivered the invocation.
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Diquisto.
Council Member Chavez presented jean hats and purple ribbons in support of “International Wear Your Jeans to Work Day” and asked city employees to show support for Sexual Assault Awareness Month.
Council Member Dando introduced Jim and Carolyn Cogan from New Hampshire, the parents of Jim Cogan, a member of her staff.
Mayor Gonzales introduced two Council Members from Akron, Ohio in attendance to observe the Independent Police Auditors findings.
Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: Diquisto.
2.1 Approval of City Council Minutes for:
(a) Regular meeting of October 16, 2001
Documents Filed: Minutes of October 15, 2001.
Discussion/Action: The minutes were approved. Vote: 10-0-1-0 Absent: Diquisto.
2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #30, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Director of General Services Jose Obregon, dated April 3, 2002, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List 30 was approved and the Director of General Services was authorized to execute to the purchase orders. Vote:
10-0-1-0. Absent: Diquisto.
2.4 Report on bids and award of contract for the construction project for the San José/Santa Clara Water Pollution Control Plant (WPCP), FY 1997/1998 Capital Improvement Program, Nitrification Waste Activated Sludge (WAS) Pump Replacement to the low bidder, F&M Engineering Contractors, Inc., in the amount of $167,300, and approval of a budget contingency in the amount of $34,000. CEQA: Exempt, PP 01-03-053.
(Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 3, 2002, recommending the award of said contract, with related contingency, to the low bidder, F&M Engineering Contractors, Inc. (2) Letter from the Treatment Plant Advisory Committee dated April 11, 2002, stating concurrence with the Staff recommendation.
Discussion/Action: The award of said contract, with related contingency, to the low bidder, F&M Engineering Contractors, Inc. was approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Diquisto.
2.5 Approval of an agreement with the Commission on Peace Officer Standards and Training (POST) related to components of the previously approved POST-reimbursed training program for peace officers in Santa Clara County, for a term July 1, 2001 to June 30, 2002, and total agreement amount of $156,000. (Police)
Documents Filed: Memorandum from Chief of Police, William M. Lansdowne, dated April 3, 2002, recommending approval of said agreement.
Discussion/Action: The agreement with Commission on Peace Officer Standards and Training (POST) was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
2.6 Report on bids and award of contract for the Street Lighting At Schools 2002 Project to the low bidder, Pacific Electric Company, in the amount of $168,494, and approval of a contingency in the amount of $16,850. CEQA: Exempt, PP01-02-023. Council District 5. (Public Works)
Documents Filed: Memoranda from Director of Public Works Katy Allen, dated April 3 and 18, 2002, recommending award of said contract, with related contingency, to the low bidder, Pacific Electric Company.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. The award of said contract, with related contingency, to the low bidder, Pacific Electric Company, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
2.7 Approval of a proposed City event date at the Compaq Center at San José, for the Vietnamese Cultural Heritage Foundation on September 7, 2002, for a fundraising concert for the Vietnamese Cultural Heritage Garden and Museum in Kelley Park, as provided in the Amended and Restated Management Agreement. (San José Arena Authority)
Documents Filed: Memorandum Chris Morrisey, Executive Director, San José Arena Authority, dated March 27, 2002, recommending approval of the proposed City event date.
Discussion/Action: The proposed City event date for the Vietnamese Cultural Heritage Foundation on September 7, 2002, was approved. Vote: 10-0-1-0. Absent: Diquisto.
2.8 Approval of an ordinance amending Chapter 4.58 of Title 4 of the San José Municipal Code by adding a new Section 4.58.085 to exempt transfers of real property between domestic partners from the City’s Real Property Conveyance Tax. (City Attorney’s Office)
(Rules Committee referral 4/17/02)
Documents Filed: Memorandum from City Attorney Richard Doyle, dated April 18, 2002, recommending approval of said ordinance.
Discussion/Action: Ordinance No. 26611, entitled: “An Ordinance of the City of San José Amending Chapter 4.58 of Title 4 of the San José Municipal Code by adding a New Section 4.58.085 to Exempt Transfers of Real Property Between Domestic Partners from the City’s Real Property Conveyance Tax”, was passed for publication. Vote: 10-0-1-0. Absent: Diquisto.
3.2 Report of the Rules Committee – April 10, 2002
Documents Filed: Rules Committee report of April 10, 2002.
(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 April 23, 2002 Draft Agenda
The Committee approved the April 23, 2002 City Council agenda with one addition.
(2) Add New Items to April 16, 2002 Amended Agenda
The Committee recommended the six additions to the April 16, 2002 City Council 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 were filed.
(d) Meeting Schedules
There were none.
(e) The Public Record
There was no Public Record filed.
(f) Boards, Commissions and Committees
There were none.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(1) Request to place on the agenda for Council action: Adoption of a resolution supporting HR 3959, Military Standards for Airport Security Screeners Act. Attachment: Memorandum from Council Member Reed, dated March 28, 2002, requesting that a resolution supporting HR 3959, Military Standards for Airport Screeners Act (Lofgren and 28 co-sponsors) be placed on the agenda for Council action.
The Committee directed staff to return to the Rules Committee on
April 24, 2002 with further analysis of HR 3959, Military Standards of Airport Screeners Act (Lofgren and 28 co-sponsors).
(h) Administrative Reviews and Approval
There were none.
(i) Oral communications
None were presented.
(j) Adjournment
The meeting 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 April 10, 2002, were accepted. Vote: 10-0-1-0. Absent: Diquisto.
3.3 Report of the Finance and Infrastructure Committee – April 10, 2002
Documents Filed: Finance and Infrastructure Committee report of April 10, 2002.
(a) Consent Items
(1) Monthly Investment Report for February 2002. Attachment: Memorandum from Scott P. Johnson, Director of Finance, dated March 22, 2002, transmitting said report.
(2) Minutes from the First Quarter 2002 Investment Committee Meeting. Attachment: Memorandum from Scott P. Johnson, Director of Finance, dated March 27, 2002, transmitting the First Quarter 2002 Investment Committee minutes.
The Committee approved the Consent Items.
(b) Monthly Financial Report for February 2002. Attachment: Memorandum from Budget Director Larry D. Lisenbee, dated April 2, 2002, transmitting the February 2002 Financial Report.
The Committee approved the staff report.
(c) Review of Council Appointee Budgets. Attachment: Memorandum from Mayor Gonzales, dated April 2, 2002, recommending actions pertaining to Council Appointee budgets.
(1) City Attorney’s Office
(a) Annual Report. Attachment: Memorandum from City Attorney Richard Doyle, dated March 8, 2002, transmitting the Annual Report for the City Attorney’s Office.
(2) City Auditor
(3) City Clerk
(4) City Manager
(5) Independent Police Auditor
The Committee accepted the Mayor’s Recommendations for Council Appointee Budgets with the revisions made to the City Attorney’s Budget Proposals/Reductions.
(d) Oral petitions
None.
(e) Adjournment
The meeting was adjourned at 3:25 P.M.
Discussion/Action: Upon motion by Council Member Dando seconded by Council Member Chavez, and unanimously carried, the Finance and Infrastructure Committee report and actions of April 10, 2002, were accepted. Vote: 10-0-1-0. Absent: Diquisto.
3.4 (a) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund) in the amount of $1,721,000, for the Story Road and Lido Way Sidewalk Replacement Project, King and Story Road Improvements Project, Japantown Gateway Project, County-wide Orthophoto Project, and the Alameda Sidewalk Replacement Project.
(b) Adoption of a resolution making certain determinations regarding the related expenditure of the Redevelopment Agency funds on certain public improvements projects, Japan town Gateway Project and Alameda Sidewalk Replacement Project.
Council Districts 3, 5, 6, and 7. (City Manager’s Office)
Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, dated April 3, 2002, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, Ordinance No. 26612, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $1,721,000 for the Department of Public Works, and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70928, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, and Resolution No. 70929, entitled: “A Resolution of the Council of the City of San José Making Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds for Certain Public Improvements in the Alameda and Japantown Redevelopment Project Areas”, were adopted. Vote: 9-0-2-0. Absent: Diquisto, Shirakawa, Jr.
3.5 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Tax Compliance Services to provide Utility Users Tax and Franchise Fee compliance and consulting services from April 23, 2002 through April 22, 2003, at a cost not to exceed $146,000, with three (3) one-year options to extend the agreement at a cost not to exceed $146,000 for each additional option year, for a total compensation not to exceed $584,000. (Finance)
Documents Filed: Memorandum from Scott P. Johnson, Director of Finance, dated April 3, 2002, recommending adoption of said resolution.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortese, and unanimously carried, Resolution No. 70930, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Tax Compliance Services to Provide Utility Users Tax and Franchise Fee Compliance and Consulting Services in an Amount Not to Exceed $146,000 for the Period of April 23, 2002 Through April 22, 2003; and Authorizing the Director of Finance to Exercise up to Three One-Year Options”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, Shirakawa, Jr.
3.6 Approval of Council Member Ken Yeager’s travel to Denver, CO, April 27-29, 2002, to meet with Denver City officials regarding the Pepsi Center and to tour the Pepsi Center. Funding: Redevelopment Agency Funds. (Yeager)
Documents Filed: None.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortese, and unanimously carried, the travel of Council Member Yeager to Denver, CO, April 27-29, 2002, to meet with Denver City officials was approved. Vote: 10-0-1-0. Absent: Diquisto.
3.7 Acceptance of staff’s report regarding the Mid-Year Policy Prioritization Session. (City Manager’s Office)
Documents Filed: Memorandum from City Manager Del D. Borgsdorf, dated April 15, 2002, stating the reason for dropping the Study Session.
Discussion/Action: This item was dropped from the agenda.
4.1 Report of the Economic Development & Environment Committee – April 8, 2002
Documents Filed: Economic Development & Environment Committee report of April 8, 2002.
(a) Monthly Status Report on Housing Production Team Action Items. Attachment: Memorandum from Leslye Corsiglia, Director of Housing, and from Joseph Horwedel, Acting Director of Planning, Building and Code Enforcement, dated March 22, 2002, transmitting said report.
The Committee unanimously accepted the staff report.
(b) Monthly Report on Affordable Housing Production. Attachment: Memorandum from Leslye Corsiglia, Director of Housing, dated March 22, 2002, transmitting said report.
The Committee unanimously accepted the staff report.
(c) Overview of Workforce Investment Board Responsibilities, Programs, and Services. Attachment: (1) Memorandum from Paul Krutko, Director of Economic Development, dated March 28, 2002, transmitting said report. (2) Memorandum from Council Member Williams, dated April 22, 2002, providing a summary of the report provided by the Silicon Valley Workforce Investment Network at the EDE Committee meeting.
The Committee unanimously accepted the staff report.
(d) Urban Runoff Management Plan Implementation. Attachment: Memorandum from Director of Environmental Services Carl W. Mosher, Director of Public Works Katy Allen, Director of Planning, Building and Code Enforcement Stephen M. Haase, and Director of Transportation Wayne Tanda, dated April 3, 2002, transmitting said report.
The Committee unanimously accepted the staff report.
(e) Oral petitions
None presented.
(f) Adjournment
The meeting was adjourned at 4:05 p.m.
Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member LeZotte, and unanimously carried, the Economic Development & Environment Committee report and actions of April 8, 2002, were accepted. Vote: 10-0-1-0. Absent: Diquisto.
4.2 Conduct a public meeting to receive public comment on the formation of:
(a) Maintenance District 21 (Gateway Place - Airport Parkway).
(b) Maintenance District 22 (Hellyer Avenue - Silver Creek Valley Road).
Council Districts 2 and 3. (Public Works)
Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 3, 2002, recommending Council conduct a public meeting to receive comments on the formation of the proposed Maintenance Districts 21 and 22.
Discussion/Action: The public meeting was opened and William J. Garbett spoke in opposition to the proposals. Upon motion by Council Member Williams, seconded by Council Member Dando, and unanimously carried, the public meeting was continued to April 30, 2002 for additional public comments and Council consideration. Vote: 10-0-1-0. Absent: Diquisto.
5.2 (a) Approval of the Guadalupe Gardens Master Plan, as presented in the published draft report dated November 2001, subject to the minor revisions recommended in this staff report, and authorize the Director of Aviation to submit the plan for formal approval by the Federal Aviation Administration.
(b) Approval of a third amendment to the consultant agreement with Cuschieri Horton Architects, Inc. to provide technical and graphics support services for completion of the final Guadalupe Gardens Master Plan report, with an increase in the maximum compensation from $85,000 to $110,000, and an extension of the termination date from June 30, 2002 to December 31, 2002.
CEQA: Negative Declaration, PP 02-02-033
(Airport/Parks, Recreation and Neighborhood Services)
Documents Filed: (1) Memorandum from Council Member Cortese, dated April 23, 2002, recommending Council adopt a resolution authorizing the City Manager to apply prior to the May 1, 2002 deadline to the California State Parks Land Water Conservation Fund for matching funds for the Guadalupe River Park & Gardens Project. (2) Memorandum from Council Members Chavez and Yeager, dated April 23, 2002, recommending Council approve the Staff recommendation to approve the Guadalupe River Park and Gardens (GRPG) Master Plan, subject to the minor revisions recommended in the Staff report, and approve the third amendment to the consultant agreement with Cuschieri Horton Architects with the additions contained within. (3) Memorandum from Aviation Director Ralph G. Tonseth, and Acting Director, Parks, Recreation and Neighborhood Services Department Albert Balagso, dated April 3, 2002, recommending [1] Approval of the Guadalupe Gardens Master Plan as presented in the published draft report dated November 2001, subject to the minor revisions recommended in this staff report, and authorize the Director of Aviation to submit the plan for formal approval by the Federal Aviation Administration; and [2] Approval of a third amendment to the Consultant Agreement with Cuschirri Horton Architects, Inc. to provide technical and graphics support services for completion of a final Guadalupe Gardens master Plan report, with an increase in the maximum compensation from $85,000 to $110,000 and an extension of termination date from June 30, 2002 to December 31, 2002. [4] Report entitled: Guadalupe Gardens master Plan Draft, dated November 2001. [5] Hard copies of the slide presentation by City Staff.
Discussion/Action: Using a slide show presentation, Acting Director, Parks, Recreation and neighborhood Services Albert Balagso, Deputy Director Parks, Recreation and Neighborhood Services Julie Marks, Director of Aviation Ralph Tonseth and Executive Director of Guadalupe River Park and Gardens Corporation Kathleen Mueler spoke on the Guadalupe Gardens Master Plan. The following individuals spoke on the issue: Tom Hutson, Mel Hulse, Leslee Hamilton, Virginia Holtz, Gerry De Young, Vic Giacalone, all of Friends of Guadalupe River Park and Gardens, and Elizabeth Monley for CPNA. Upon motion by Council Member Chavez, seconded by Council Member Yeager, and unanimously carried, the Staff recommendation to approve the Guadalupe River Park and Gardens Master Plan, subject to the minor revisions recommended in the Staff report were approved, and the recommendations approved as contained in the April 23, 2002 memorandum from Council Members Chavez and Yeager, to (1) Direct the Airport Department and Parks, Recreation and Neighborhood Services Department (RNS) to work with the Department of Public works, Department of Transportation and Planning Department to incorporate park and landscape development into the traffic improvement projects proposed in the area; (2) Direct the Airport Department and the Airport Arts Committee to work with the Friends of the Guadalupe River park and Gardens and PRNS to explore opportunities to incorporate artistic landscaping into the GRPG as part of the Airport’s art program; and (3) Direct the Airport Department and PRNS to continue to work with the FAA on expanding the acceptable uses within the approach zone to broaden future opportunities for Phase II, and the recommendations contained in Council Member Cortese’s April 23, 2002 memorandum, to: (1) Adopt a resolution authorizing the City Manager to apply prior to the May 1, 2002 deadline to the California State Parks Land Water Conservation Fund for matching funds for the Guadalupe River Park & Gardens Project, and (2) Direct and authorize the City Manager to formally seek eligibility on behalf of the City of San Jose for the Guadalupe River Park and Gardens project under Proposition 40 (2002 Resource Bond) and to add it to any preliminary list of projects to be considered for programmatic funding under Proposition 40, were approved, and Resolution No. 70930.1, entitled: “A Resolution of the Council of the City of San Jose Approving the Application for Land and Water Conservation Funds for the Guadalupe River Gardens Project”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
Council Members Chavez and Yeager left Council Chambers at this time.
5.3 (a) Approval to transfer an additional $100,000 from the City’s “Special Emphasis” grant targeting Strong Neighborhoods Initiative (SNI) areas to the Community Foundation Silicon Valley agreement;
(b) Approval of an additional transfer of $200,000 from currently budgeted funds in the Community Action Pride Grant Program (CAP) to the Community Foundation Silicon Valley agreement; and,
(c) Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to the Community Foundation Silicon Valley agreement to allow Community Foundation Silicon Valley to distribute the $300,000 in grant funds.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Acting Director of Parks, Recreation and Neighborhood Services, Albert Balagso, dated April 11, 2002, recommending Council approve said actions pertaining to the Community Foundation Silicon Valley.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortese, and unanimously carried, the transfer of $100,000 from the City’s “Special Emphasis” grant targeting Strong Neighborhoods Initiative (SNI) areas to the Community Foundation Silicon Valley agreement, and the transfer of an additional $200,000 from currently budgeted funds in the Community Action Pride Grant Program (CAP) to the Community Foundation Silicon Valley agreement was approved, and Resolution No. 70931, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with Community Foundation Silicon Valley to Allow Distribution of an Additional $300,000 in Grant Funds”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Diquisto, Yeager.
5.4 Adoption of a resolution:
(a) Approving the submittal of a grant application in the amount of $1,071,000 to fund the construction of elements of the 1994 Emma Prusch Memorial Park Master Plan, from the Murray-Hayden Urban Parks and Youth Service Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond act of 2000.
(b) Authorizing the City Manager to negotiate and execute all documents relating to the grant application and funding agreement.
CEQA: Exempt, PP 02-04-072. Council District 5.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Acting Director of Parks, Recreation and Neighborhood Services, Albert Balagso, dated April 3, 2002, recommending adoption of said resolution.
Discussion/Action: Council approved submittal of the grant application for the Emma Prusch Memorial Park Improvements Project. Council Member LeZotte directed staff to clarify, (1) whether the community garden is part of the mast plan development for the park (2) identify agricultural lease holds, if any; (3) determine if the site is a community garden project, the size of the plots, what is permitted and what exists at the site. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, Resolution No. 70932, entitled: “A Resolution of the Council of the City of San José Approving the Application for Grant Funds in an Amount Not to Exceed $1,071,000 from the Murray-Hayden Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 for Emma Prusch Memorial Park, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Diquisto, Yeager.
Council Member LeZotte left Council Chambers at this time.
5.5 Approval of various actions related to the 2nd Quarter CDBG Monitoring Report.
(a) Acceptance of the second quarter report summarizing the status of CDBG projects and recommending corrective actions.
(b) Approval of an extension of the funding term for six months, from December 31, 2001 to June 30, 2002, for the following project:
(1) F67 New Billy DeFrank Lesbian and Gay Community Center - Billy DeFrank Lesbian and Gay Community Center.
(c) Approval of an extension of the funding term for six months, from June 30, 2002 to December 31, 2002, for the following projects:
(1) F73 Sobrato Family Living Center – Emergency Housing Consortium
(2) F75 John XXIII HVAC – Catholic Charities of Santa Clara County
(d) Approval of an extension of the funding term for one year, from June 30, 2001 to June 30, 2002 for the following project:
(1) F69 Portuguese Community Center – the Portuguese Organization for Social Services & Opportunities.
(e) Approval of an extension of the funding term for one year, from June 30, 2002 to June 30, 2003 for the following project:
(1) G13 Northside Community Center Expansion Project – Filipino-American Senior Opportunity Development Council, Inc.
(f) Approval to hold funds in reserve for the G33 Goss Community Facility – Department of Parks, Recreation and Neighborhoods Services, pending the determination of the feasibility of moving the project to Capitol Park and the identification of additional funds to complete the project at this new site.
(Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Acting Director of Parks, Recreation and Neighborhood Services, Albert Balagso, dated April 3, 2002, transmitting the second quarter status report of CDBG projects and recommending corrective actions.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams, and unanimously carried, the status report and the proposed corrective actions were approved. Vote: 7-0-4-0. Absent: Chavez, Diquisto, LeZotte, Yeager.
6.1 Report on bids and award of contract for the Traffic Signal Unit 01B Project to the low bidder, Steve Lacki Electrical Construction, in the amount of $894,947.55, and approval of a contingency in the amount of $90,000 for traffic signal improvements at Alvin Avenue and Fontaine Road, Blossom Avenue and Santa Teresa Boulevard, Glen Angus Way and Tully Road, and Seventh Street and Tully Road. CEQA: Exempt, PP01-11-193. Council Districts 3, 7, 8, and 10. SNI: West Evergreen. (Public Works)
Documents Filed: Memorandum from Katy Allen, Director of Public Works, dated April 3, 2002, recommending award of said contract, with related contingency, to the low bidder, Steve Lacki Electrical Construction.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Williams, and unanimously carried, the award of said contract, with related contingency, to the low bidder, Steve Lacki Electrical Construction, was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Approval of an agreement for engineering and environmental consulting services, with Carollo Engineers, for the project entitled “San José/Santa Clara Water Pollution Control Plant: Wet Weather Reliability and Hydraulic Capacity Project” for an amount not to exceed $3,136,000, and for a project contingency of $314,000 for a total amount not to exceed of $3,450,000, for the period of May 2002 to December 2006. (Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 3, 2002, recommending approval of said agreement for consultant services, with related contingency, with Carollo Engineers. (2) Letter from the Treatment Plant Advisory Committee dated April 11, 2002, stating concurrence with the Staff recommendation.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortese, and unanimously carried, the agreement for consultant services, with related contingency, with Carollo Engineers was approved and its execution authorized. . Vote: 9-0-2-0. Absent: Diquisto, LeZotte.
7.2 Acceptance of the status report on the transition of the Recycle Plus! Program. (Environmental Services)
Documents Filed: (1) Supplemental memorandum from Director of Environmental Services, Carl W. Mosher, dated April 19, 2002, reporting on a contingency plan Norcal is proposing in order to assure that mitigation requirements are met pertaining to endangered species. (2) Supplemental memorandum from Equality Assurance Director Nina Grayson, dated April 19, 2002, providing updated information regarding the worker retention process. (3) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 3, 2002, providing the status report on the transition of the Recycle Plus! Program.
Discussion/Action: Using a PowerPoint presentation, Director of Environmental Services Carl W. Mosher and Director of Equality Assurance Nina Grayson presented comprehensive overview on the Recycle Plus! Program Highlighting Transit Outreach, Contractor Preparations, Labor Issues specifying worker retention and timeline for displaced workers, Customer Services preparations and the next steps for monthly Council updates through July 2002. Council Members Cortese, Dando and Reed expressed concern with the various street sweeping routes, signage and community outreach and gave direction to return to Council in May 2002 with answers to those concerns. Upon motion by Council Member LeZotte, seconded by Council Member Dando and unanimously carried, the Recycle Plus! status report was accepted. Vote: 10-0-1-0. Absent: Diquisto.
7.3 Report on bids and award of contract for the Trimble-Morrill Sanitary Sewer Rehabilitation Project Phase I to the low bidder, Wesco Infrastructure Technologies, in the amount of $598,340, and approval of a contingency in the amount of $60,000. CEQA: Exempt, PP01-09-164. Council District 4. (Public Works)
Documents Filed: Memorandum from Katy Allen, Director of Public Works, dated April 3, 2002, recommending award of said contract, with related contingency, to the low bidder, Wesco Infrastructure Technologies.
Discussion/Action: Upon motion by Council Member Reed , seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the award of said contract, with related contingency, to the low bidder, Wesco Infrastructure Technologies, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
7.4 Acceptance of a status report on the cooperative efforts between the City of San José and the Santa Clara Valley Water District related to development of a plan for the ownership, operation, management, and expansion of the South Bay Water Recycling system; a Parks, Trails, and Open Space Memorandum of Understanding between the City and the District covering acquisition, operation, and expansion of trails park/open within the floodplain areas and along watercourses in the City; and a Master Maintenance Permit between the City and the District for maintenance of City facilities that discharge, cross, or encroach into the creeks. (Environmental Services/City Manager’s Office/Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Environmental Services Carl W. Mosher, Director of Public Works Katy Allen, Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, and Transportation Director Wayne Tanda, dated April 3, 2002, transmitting said report.
Discussion/Action: Staff presented a summary of the report and recommended Council acceptance. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the status report was accepted. Vote: 10-0-1-0. Absent: Diquisto.
7.5 (a) Acceptance of the report from the City Manager on the status of informal cable franchise renewal negotiations with Heritage Cablevision of California, Inc. (formerly dba TCI of San José, now dba AT&T Broadband); and
(b) Direction to the Administration and the City Attorney to bring forward for Council consideration on or before May 21, 2002 an ordinance amending and restating Chapter 15.28 establishing regulations pertaining to cable systems and open video systems.
(c) Direction to the Administration to return to the City Council on or before May 21, 2002 with one of the following for Council consideration and action:
(1) Acceptance of the completed
ascertainment of the City’s cable-related needs and interests, dated October
30, 2001, and direction to the Administration to update and issue a Request For
Renewal Proposal, dated November 13th, 2001, for operation of a cable system to
provide cable service in the City that would meet and service those identified
cable-related needs and interests; or
(2) An ordinance granting a cable franchise for the operation of a cable system to provide cable service in the City that would meet and service the cable-related needs and interests of this community.
(City Manager’s Office)
(Rules Committee referral 4/17/02)
Documents Filed: Memorandum from Assistant City Manager Mark Linder, dated
April 18, 2002, recommending approval of said actions related to AT&T.
Discussion/Action: Assistant City Manager Mark Linder presented a comprehensive overview of the cable franchise renewal negotiations. Eddie Garcia, AT&T, spoke concerning the proposed actions. William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Dando, seconded by Council Member Chavez and unanimously carried, the City Managers’ report on the status of informal cable franchise renewal negotiations was accepted, and the Administration and City Attorney (a) directed to bring forward for Council consideration on or before May 21, 2002 an ordinance amending and restating Chapter 15.28 establishing regulations pertaining to cable systems and open video system; (b) to return to the City Council on or before May 21, 2002 with one of the following for Council consideration and action: (1) Acceptance of the completed ascertainment of the City’s cable related needs and interests, dated October 30, 2001, and direction to the Administration to update and issue a Request For Renewal Proposal, dated November 13th, 2001, for operation of a cable system to provide cable service in the City that would meet the service those identified cable-related needs and interests; or (2) An ordinance granting a cable franchise for the operation of a cable system to provide cable service in the City that would meet and service the cable-related needs and interests of this community, were approved. Vote: 10-0-1-0. Absent: Diquisto.
Council Member Reed left Chambers at this time.
JOINT
COUNCIL/REDEVELOPMENT AGENCY
The Redevelopment Board convened at 3:50 p.m. to consider Item 10.1 in a joint session with the City Council.
10.1 (a) Approval for the City Council and the Redevelopment Agency Board to:
(1) Adopt resolutions authorizing the City Manager and the Redevelopment Agency Executive Director to negotiate and execute an amendment to the cooperation agreement for the Northside Community Center to transfer an additional $298,000 of Agency funds for the project.
(b) Approval for the City Council to:
(1) Adopt the following appropriation ordinance and funding sources resolution amendments in the General Fund:
(a) Establish an Elden Drive appropriation in the amount of $298,000.
(b) Increase the estimate of Revenue from Local Agencies by $298,000.
(2) Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with First Community Housing for a grant of $298,000 to offset the cost of construction for improvements in the public right-of-way on Elden Drive in conjunction with the Craig Gardens affordable senior housing project.
(City Manager’s Office)
(Deferred from 4/16/02 – Item 2.3)
Documents Filed: (1) Memorandum from Budget Director Larry D. Lisenbee, dated March 28, 2002, recommending approval of said appropriation ordinance and related revenue resolution amendments. (2) Supplemental Memorandum from City Manager Del Borgsdorf and Redevelopment Executive Director Susan Shick, dated April 16, 2002, recommending approval of the authorization of the City Manager and Redevelopment Agency Director to enter into said agreements to appropriate funds for Elden Drive Improvements.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Resolution No. 70933, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Cooperation Agreement for the Northside Community Center to Appropriate an Additional $298,000 of Agency Funds for the Project”; Ordinance No. 26613, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the General Fund in the Amount of $298,000 for Elden Drive Improvements; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, Resolution No. 70934, entitled, “A Resolution 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”; and Resolution No. 70935, entitled: “A Resolution of the Council of the
City of San José Approving an Agreement with First Community Housing for a Grant of $298,000 to Offset the Cost of Construction for Improvements in the Public Right of Way on Elden Drive in Conjunction with the Craig Gardens Affordable Senior Housing Project”, were adopted. Vote: 9-0-2-0. Absent: Diquisto, Reed.
The Redevelopment Agency Board portion of the meeting adjourned at 3:51 p.m.
Council Member Reed returned to Council Chambers at this time.
AVIATION SERVICES
8.1 Adoption of a resolution declaring a moratorium on granting authorizations to operate during the curfew period at the Airport pursuant to Article X(b)(2) of Resolution 57211. CEQA: Resolution No. 67380.
(Airport/City Attorney’s Office)
Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, and City Attorney Richard Doyle, dated April 17, 2002, recommending adoption of said resolution.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Yeager, seconded by Council Member LeZotte, and unanimously carried, Resolution No. 70936, entitled: “A Resolution of the Council of the City of San José Declaring a Moratorium on the Grant of Authorization to Operate at Norman Y. Mineta San José International Airport During the Restricted Hours, and Temporarily Suspending, for a Period of One Hundred and Eighty Days, the Provision of Article X(B)(2) of Resolution No. 57211, Pending an Investigation and Study of Requests to Operate During Such Periods and the Potential Effects of Such Requests”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
PUBLIC SAFETY SERVICES
9.1 Presentation of the Independent Police Auditor’s 2001-Year End Report. (Independent Police Auditor)
Documents Filed: Report entitled: 2001 Year End Report, A Report to the City Council, by Teresa Guerrero-Daley, Independent Police Auditor (IPA).
Discussion/Action: Using PowerPoint, Independent Police Auditor Teresa Guerrero-Daly presented a comprehensive overview of the 2001 Year End Report highlighting report requirements, new recommendations, information center assessments, and recommen-dation to expand the lobby area, separate waiting areas and interview rooms, install additional courtesy phones, add monitors to display information, make restroom access more available from the lobby, assign a receptionist to the lobby, create training for customer service, put in place a supervisor at the information center and incentives to attract new officers. Teresa Guerrero-Daly also highlighted recruiting and retention information with specific information on the 5-year comparison of male and female officers stressing the hiring of more female officers. Additionally, she discussed Specialty Unit Assignments with recommendations to develop job descriptions, design and implement recruiting strategies, revise policies governing sergeant transfer opportunities and to continue to train in communication and interpersonal skills. Furthermore, she discussed vehicle stop demographics highlighted along with the IPA’s conducting presentations at high schools and at-risk youth. The Independent Police Auditor elaborated on the cases vs. complaints statistics and 2001 sustained cases along with degrees of injury, 5-year analysis of cases by Council District with the conclusion of the freedom to file complaints, friendly atmosphere, no filtering and Customer Service Survey which give the IPA an 81% overall excellent rating. The following individuals spoke concerning the subject issue: Fred Villasenor, IPA Advisory Committee, Ross Signorino, and Ted Scarlett. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Council approved the Independent Police Auditors findings and directed staff to review provisions for 24-hour childcare needs. Vote: 11-0-0-0.
Open Forum
Lorrie Freeman commented on Garden Center Building; Ross Signorino discussed the location and cost of City Hall; Pete Campbell discussed the Tropicana Shopping Center, and Ted Scarlett discussed Stadium lighting.
Correspondence from Richard T. Orr submitted to the City Clerk, expressing appreciation for service provided by City employees.
ADJOURNMENT
The Council of the City of San Jose adjourned at 5:05 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK