The regularly scheduled Closed Session was cancelled and the Council of the City of San José convened in Regular Session at 1:30 p.m. in City Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Cortese, Dando, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members: Diquisto (Excused).
Chairman of the Vietnamese-American Community of Northern California, Hung Pham, delivered the invocation and presented information regarding Fall of Saigon Day. Mayor Gonzales introduced Vietnamese-Americans who fought for peace. (District 4)
Mayor Gonzales
led in the Pledge of Allegiance.
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: 10-0-1-0. Absent: Diquisto.
1.1 Presentation of an Outstanding Employee Award and commendation to Diane Milowicki, Human Resources Manager in the Department of Transportation.
(City Manager’s Office)
Documents Filed: Memorandum from Pamela Jacobs, Assistant to the City Manager, dated April 10, 2002, recommending Diane Milwicki received the Outstanding Employee commendation for her work as Human Resources Manager in the Department of Transportation.
Discussion/Action: City Manager, Del D. Borgsdorf joined Mayor Gonzales at the podium to present Diane Milowicki with the commendation.
1.2 Presentation of a Special Commendation Award for the City of San José Green Building Program from the 2002 Business Environmental Awards in the Sustainable Built Environment category. (LeZotte)
Documents Filed: None.
Discussion/Action: Council Member LeZotte and Director of Environmental Services, Carl W. Mosher joined Mayor Gonzales at the podium to present Mary Tucker with the commendation.
1.3 Presentation of a commendation to Barbara Zahner, recently retired Executive Director of Sacred Heart Community Service Center, for 15 years of dedicated service to the community. (Chavez)
(Orders of the Day)
Documents Filed: None.
Discussion/Action: Council Member Chavez joined Mayor Gonzales at the podium to present Barbara Zahner with the commendation.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 10-0-1-0. Absent: Diquisto.
2.1 Approval of City Council Minutes for:
(a) Regular meeting of October 23, 2001
(b) Joint Council/Redevelopment Agency Board meeting of October 23, 2001
Documents Filed: Minutes of the Regular and the Joint Council/Redevelopment Agency meetings of October 23, 2001.
Discussion/Action: The October 23, 2001 minutes were approved. Vote: 10-0-1-0. Absent: Diquisto.
2.2 Final adoption of ordinances:
(a) ORD. NO. 26606 – Prezones certain real property situated along Dove Hill Road easterly of Highway 101 approximately 2000 feet northerly of Hellyer Avenue. C 02-02-019
Documents Filed: Proof of publication of title of Ordinance No. 26606, executed April 23, 2002, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26606 was adopted. Vote: 10-0-1-0. Absent: Diquisto.
(b) ORD. NO. 26607 - Prezones certain real property situated at the southwest corner of Fleming Avenue and Palomino Drive. C 01-02-024
Documents Filed: Proof of publication of title of Ordinance No. 26607, executed April 23, 2002, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26607 was adopted. Vote: 10-0-1-0. Absent: Diquisto.
(c) ORD. NO. 26608 – Rezones certain real property situated at the northwest corner of Cunningham Avenue and Cunningham Court. C 01-03-044
Documents Filed: Proof of publication of title of Ordinance No. 26608, executed April 23, 2002, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26608 was adopted. Vote: 10-0-1-0. Absent: Diquisto.
(d) ORD. NO. 26609 - Rezones certain real property situated at the northeast corner of Aborn Road and Altamara Avenue. PDC 02-01-013
Documents Filed: Proof of publication of title of Ordinance No. 26609, executed April 23, 2002, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26609 was adopted. Vote: 8-0-1-2. Absent: Diquisto. Disqualified: Chavez, Shirakawa, Jr.
(e) ORD. NO. 26610 – Amends Chapter 11.48 of Title 11 of the San José Municipal Code to add a Horace Mann and a South University Residential Permit Parking Program, and to limit the number of residential parking permits available to three (3) for each eligible residence in the Horace Mann and South University Permit Parking Areas.
Documents Filed: Proof of publication of title of Ordinance No. 26610, executed April 23, 2002, submitted by the City Clerk.
Discussion/Action: William J. Garbett commented on Item 2.2(e). Ordinance No. 26610 was adopted. Vote: 10-0-1-0. Absent: Diquisto.
2.3 Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a grant from the Federal Aviation Administration to be used to defray the cost of implementing various security projects at the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager’s contract authority of $100,000. CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated April 10, 2002, recommending adoption of said resolution.
Discussion/Action: Resolution No. 70937, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Apply for and Execute a Grant from the Federal Aviation Administration to Defray the Cost of Various Security projects at the Norman Y. Mineta San José International Airport in an Amount in Excess of the City Manager’s Contract Authority”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
2.4 Approval of the second amendment to the consulting services agreement with Acuent, Inc. for the upgrade of the Human Resources/Payroll System, to increase contract deliverables, extend project support by four weeks, and increase compensation by $147,200, for a total contract amount not to exceed $1,098,400, by re-allocation of funds from existing project resources.
(Finance/City Manager’s Office/Information Technology)
Documents Filed: None.
Discussion/Action: This item was deferred to May 7, 2002.
2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #31, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Jose Obregon, Director of General Services, dated April 10, 2002, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List #31 was approved and the Director of General Services was authorized to execute to the purchase orders. Vote: 10-0-1-0. Absent: Diquisto.
2.6 (a) Approval of an ordinance amending Chapter 4.46 of Title 4 of the San José Municipal Code to add a new section to suspend the collection of Building and Structure Construction Taxes imposed for the construction of special incentive industrial use tenant improvements.
(b) Approval of direction to implement a Special Express Plan Check Review process allowing for plan check fee collection deferral until permit issuance for tenant improvements for industrial and research and development uses in currently existing vacant buildings.
(Planning, Building and Code Enforcement)
Documents Filed: (1) Memorandum from City Attorney Richard Doyle, dated April 26, 2002, providing a copy of the proposed ordinance to amend the San José Municipal Code regarding the suspension of the collection of Building and Structure Construction taxes. (2) Memorandum from Stephen M. Haase, Director of Planning, Building and Code Enforcement, dated April 15, 2002, recommending approval of said ordinance to suspend the collection of Building and Structure Construction Taxes imposed for the construction of special incentive industrial use tenant improvements, and direction to implement a Special Express Plan Check Review process allowing for plan check fee collection deferral until permit issuance for tenant improvements for industrial and research and development uses in currently existing vacant buildings.
Discussion/Action: Ordinance No. 26614, entitled: “An Ordinance of the City of San José Amending Chapter 4.46 of Title 4 of the San José Municipal Code to Add a New Section to Suspend the Collection of Building and Structures Taxes Imposed for the Construction of Special Incentive Industrial Use Tenant Improvements”, was passed for publication, and the direction to implement a Special Express Plan Check Review process allowing for plan check fee collection deferral until permit issuance for tenant improvements for industrial and research and development uses in currently existing vacant buildings was approved. Vote: 10-0-1-0. Absent: Diquisto.
2.7 Approval of the Memorandum of Understanding with local law enforcement agencies regarding the operation of the Automated Fingerprint Identification System and to provide access to the California Identification System. (Police)
Documents Filed: Memorandum from Chief of Police, William M. Lansdowne, dated April 10, 2002, recommending approval of a Memorandum of Understanding with local law enforcement agencies regarding the operation of the Automated Fingerprint Identification System and to provide access to the California Identification System.
Discussion/Action: The Memorandum of Understanding with local law enforcement agencies regarding the operation of the Automated Fingerprint Identification System and provision of access to the California Identification System were approved and their execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
2.8 (a) Approval of the proposed additions to the 2000-02 Spending Plan for the Supplemental Law Enforcement Services (SLES) Fund; and adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the Supplemental Law Enforcement Services Fund (Fund 414) for Fiscal Year 2001-02:
(1) Increase the SLES Non-Personal/Equipment
appropriation for the Police Department in the amount of $196,933.
(2) Increase the Earned Revenue by $196,933.
(b) Approval of the proposed 2001-03 Spending Plan for the Supplemental Law Enforcement Services (SLES) Fund; and adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the Supplemental Law Enforcement Services Fund (Fund 414) for Fiscal Year 2001-02:
(1) Establish a SLES Grant 2001-03
appropriation for the Police Department in the amount of $1,837,577.
(2) Increase the Earned Revenue by
$1,837,577.
(Police/City Manager’s Office)
Documents Filed: Memoranda from Chief of Police, William M. Lansdowne, and Budget Director Larry D. Lisenbee, both dated April 10, 2002, recommending approval of additions to the 2000-02 Supplemental Law Enforcement Services Fund Grant Spending plan and related appropriation actions for FY 2001-02, and approval of the 2001-03 Supplemental Law Enforcement Services Fund Grant Spending Plan and related appropriation actions for FY 2001-02.
Discussion/Action: Ordinance No. 26615, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Supplemental Law Enforcement Services Fund in the Amount of $196,933 for Non-Personal/Equipment; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70938, 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 Supplemental Law Enforcement Services Fund”; Ordinance No. 26616, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Supplemental Law Enforcement Services Fund in the Amount of $1,837,577 for Grant Spending Plan; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70939, 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 Supplemental Law Enforcement Services Fund”, were adopted. Vote: 10-0-1-0. Absent: Diquisto.
2.9 Approval of a lease agreement with La Familia, LP, for office space at 777 North First Street for the Department of Environmental Services, for a monthly rent of $2,865 per month during the first year of the lease, with annual increases of approximately 3 percent to a maximum rate of $3,224.56 per month during the fifth and final year of the lease. (Public Works)
Documents Filed: Memorandum from Katy Allen, Director of Public Works, dated April 10, 2002, recommending approval of said lease agreement with La Familia, LP.
Discussion/Action: The lease agreement with La Familia, LP. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
2.10 Approval of the first amendment to the agreement with MPA Design, Inc. for consultant services for the South Central Swim Center Project, to increase reimbursable expenses by $40,000, from $272,000 to $312,000, for a total agreement amount of $525,000. Council District 7.
SNI: Rock Spring/Tully/Senter/Santee/Kennedy. (Public Works)
Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 10, 2002, recommending approval of the first amendment to said agreement with MPA Design, Inc.
Discussion/Action: The first amendment to said agreement with MPA Design, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
2.11 Report on bids and award of contract for the Butcher Park Play Area Renovation Project to the low bidder, HRB Construction, Inc. to include the base bid and Add Alternative No. 1, in the amount of $272,525, and approval of a contingency in the amount of $28,000. CEQA: Exempt, PP02-02-013. Council District 9. (Public Works)
Documents Filed: Memorandum from Katy Allen, Director of Public Works, dated April 10, 2002, recommending award of said contract, with related contingency, to the low bidder, HRB Construction, Inc.
Discussion/Action: The award of said contract and related contingency to the low bidder, HRB Construction, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
2.12 Acceptance of the First Quarter 2002 San José Arena Authority Ticket Distribution Program Report. (San José Arena Authority)
Documents Filed: Memo from the San José Arena Authority, dated April 30, 2002, transmitting the First Quarter 2002 San José Arena Authority Ticket Distribution Program Report and recommending acceptance.
Discussion/Action: The San Jose Arena Authority Report was accepted. Vote: 10-0-1-0. Absent: Diquisto.
2.13 (a) Approval of a contingency budget increase for the Lake Cunningham Overflow Parking Lot Phase II Project in the amount of $25,000, for a total contingency budget of $56,000, and approval of a design and construction management budget increase in the amount of $20,000.
(b) Approval of Contract Change Order No. 4 with Galeb Paving, Inc. in the amount of $15,000, for a total contract amount of $355,993. CEQA: Negative Declaration, PP99-10-199.
(c) Adoption of the following appropriation ordinance amendments in the Lake Cunningham Fund:
(1) Increase the Lake Cunningham Overflow Parking Lot Phase II Project by $45,000.
(2) Decrease the Ending Fund Balance by $45,000.
Council District 8. (Public Works/City Manager's Office)
(Rules Committee referral 4/24/02)
Documents Filed: Memorandum from Katy Allen, Director of Public Works, and Budget Director Larry D. Lisenbee, dated April 23, 2002, recommending approval of said contingency budget increase for the Lake Cunningham Overflow Parking Lot Phase II Project and approval of said design and construction management budget increase; approval of a Contract Change Order No. 4 with Galeb Paving, Inc., and adoption of appropriation ordinance amendments in the Lake Cunningham fund.
Discussion/Action: The contingency budget increase and design and construction management budget increase, and Contract Change Order No. 4 with Galeb Paving, Inc., were approved, and Ordinance No. 26617, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Subdivision Park Trust Fund in the Amount of $45,000, for Lake Cunningham Overflow Lot Phase II; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
2.14 Adoption of a resolution authorizing the City Attorney to negotiate and execute an agreement with Hanson, Bridgett, Marcus, Vlahos, Rudy LLP, to provide investigation services as the Evaluator to the Ethics Board in an amount not to exceed $20,000. (City Attorney’s Office)
(Rules Committee referral 4/24/02)
Documents Filed: Memorandum from City Attorney Richard Doyle, dated April 25, 2002, recommending adoption of said resolution.
Discussion/Action: Resolution No. 70940, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute an Agreement with Hanson, Bridgett, Marcus, Vlahos, Rudy, LLP, to Provide Investigation Services as the Evaluator to the Ethics Board in an Amount Not to Exceed $20,000”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
3.2 Report of the Rules Committee – April 17, 2002
Documents Filed: Rules Committee report of April 17, 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 30, 2002 Draft Agenda
The Committee approved the April 30, 2002 City Council agenda with one addition.
(2) Add New Items to April 23, 2002 Amended
Agenda
The Committee recommended the three additions to the April 23, 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 Filed.
(d) Meeting Schedules
There were none.
(e) The
Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn,
dated April 11, 2002, listing the items transmitted to the Administration and
those items filed for the Public Record for the period March 27-April 9, 2002.
The Committee
noted and filed the Public Record for period March 27-April 9, 2002.
(f) Boards,
Commissions and Committees
There were none.
(g) Council
Referrals for Assignment to Appropriate Committee, Administration, or Council
Appointee
(1) Proposed modifications to the San José Municipal Code, Section 13.28.130, Pruning-Tree Removal. Attachment: Memorandum from Council Member Cortese, dated April 15, 2002, recommending modifications to Section 13.29.130 of the Municipal Code entitled, “Tree Trimming Removal.”
The Committee referred to the Economic Development and Environment Committee Council Member Cortese’s request to modify Section 13.28.130 of the Municipal Code entitled, “Tree Trimming-Removal.”
(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 17, 2002, were accepted. Vote: 10-0-1-0. Absent: Diquisto.
3.4 Adoption of a resolution in support of United States Senate Bill S. 1042, the Filipino Veterans Benefits Improvement Act of 2001, to improve benefits to our Filipino Veterans of World War II, so that they are provided the same benefits as other veterans of World War II. (Reed)
Documents Filed: (1) Memorandum from Director of Intergovernmental Relations Betsy Shotwell, dated April 25, 2002, recommending adoption of said resolution. (2) Memorandum from Council Member Reed, dated April 18, 2002, recommending the City Council support Senate Bill S.1042. (3) Correspondence from President of the American Coalition, U.S. Filipino Veterans of WW II Dominador Valdez , in support of the Assembly Bill ACR 187 and Senate Bill S.1042.
Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Dando and unanimously carried, Resolution No. 70941, entitled: “A Resolution of the Council of the City of San José Supporting United States Senate Bill S.1042, the Filipino Veterans Benefits Improvement Act of 2001”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
4.2 Adoption of the 2002-2003 Draft Consolidated Plan Annual Action Plan, including FY 2002-2003 proposed recommendations for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership Program (HOME), the Housing Opportunities for People with HIV/AIDS (HOPWA) Program, and the Emergency Shelter Grant (ESG) Program. (Housing/Parks, Recreation and Neighborhood Services)
(Continued from 4/2/02 – Item 4.6)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Members Dando and Chavez, dated April 30, 2002, recommending approval of the Housing Consolidatd Plan’s Annual Action Plan for 2002-2003, with direction to Staff. (2) Memorandum from Director of Housing Leslye Corsiglia, and from the Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated March 13, 2002, recommending Council open, for public review and comment, the public hearing on the FY 2002-03 Draft Consolidated Plan Annual Action Plan, including FY 2002-03 proposed recommendations for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership Program (HOME), the Housing Opportunities for People with HIV/AIDS (HOPWA) Program, and the Emergency Shelter Grant (ESG) Program. (3) Supplemental memorandum from Director of Housing Leslye Corsiglia, dated March 29, 2002, transmitting the Draft 2002-03 Consolidated Plan and stating the FY 2002-03 Consolidated Action Plan will be available on April 30, 2002. (4) Memorandum from Director of Housing Leslye Corsiglia, and Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated April 10, 2002, recommending adoption of the FY 2002-03 Draft Consolidated Plan Annual Action Plan, including FY 2002-03 proposed recommendations for the CDBG, HOME, HOPWA and ESG Programs. (5) Supplemental memorandum from the Housing Advisory Commission, dated April 25, 2002, recommending Council [1] Adopt the 2002-03 Annual Action Plan of the City of San José 2000-2005 Consolidated Plan; [2] Change the existing allotment policy for housing funds to provide a fair share (30%) for the extremely low-income (ELI) category (0-30% of median income); (6) Supplemental memorandum from Director of Housing Leslye Corsiglia, and Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated April 25, 2002, recommending Council [1] Adopt the Draft 2002-03 Annual Action Plan of the City of San José 2000-2005 Consolidated Plan, [2] Approve the CDBG Steering Committee’s funding recommendations for Contractual Community Services and Community Development Improvements categories in the CDBG Program as summarized in the Attachment A; [3] Authorize the Director of Parks, Recreation and Neighborhood Services to negotiate and execute all agreements and contracts for the expenditure of CDBG funds on behalf of the City; [4] Approve the ESG Program funding recommendations as summarized on Attachment B; and [5] Authorize the Director of Housing to negotiate and execute all agreements and contracts for the expenditure of ESG, HOME and HOPWA funds on behalf of the City. (7) Proof of publication of Notice of Consolidated Annual Action Plan Preparation, executed April March 30, 21 and April 1, 2002, submitted by the City Clerk. (8) Correspondence from the Affordable Housing Network, dated April 24, 2002, requesting the City Council change the allocation policy of the Affordable Housing Fund to provide that 30% of the Housing Fund be permanently allocated to ELI households, and enclosing a list of thirty-one supportive community organizations. (9) Hard copies of the Administration’s overhead presentation on the proposed FY 2002-03 Annual Action Plan.
Discussion/Action: The following individuals commented on this item: Gertrude Welch, Saul Wachter, Billie Wachter, Rev. Lindi Ramsden, MaryAnn Dakkak. Council Members Chavez and Dando directed staff to continue to follow recommendations put forth in the memorandum from Mayor Gonzales and Council Members Dando and Chavez dated April 30, 2001 for the Consolidated Plan Annual Action Plan for 2002-2003 and to continue to pursue opportunities to make housing affordable for public employees and to (1) Approve the Consolidated Plan’s Annual Action Plan for FY 2002-2003; (2) Direct the Housing Department to continue to monitor housing production goals and report back to the Mayor and City Council as part of the 5-year Housing Plan and next year as part of the Consolidated Plan process on factors impacting the City’s housing goals; (3) Direct the Housing Department to report back as part of the 5-year Housing Plan any known impacts or opportunities relating to Extremely Low Income (ELI) production, so the Mayor and City Council may understand the full range of outstanding issues that may remain unresolved at the June meeting, and (4) Director the Housing Department to monitor the progress of the 30% reserve for the ELI category for an additional year before making a recommendation on whether to permanently commit our housing funds for ELI, to determine the ramifications of this type of decision. Upon motion by Council Member Cortese, seconded by Council Member Dando and unanimously carried, the Draft Consolidated Plan Annual Action Plan was adopted, with the directions as noted. Vote: 10-0-1-0. Absent: Diquisto.
Council Member
Yeager left Council Chambers at this time.
4.3 (a) Conduct a public hearing for the formation of Maintenance District 21 (Gateway Place - Airport Parkway), and at the close of the public hearing direct the City Clerk to tabulate the property owner ballots and report the results. If approved by property owners, adoption of a resolution approving the Engineer’s Report and approving and imposing the respective assessments.
(b) Conduct a public hearing for the formation of Maintenance District 22 (Hellyer Avenue - Silver Creek Valley Road), and at the close of the public hearing direct the City Clerk to tabulate the property owner ballots and report the results. If approved by property owners, adoption of a resolution approving the Engineer’s Report and approving and imposing the respective assessments.
Council Districts 2 and 3. (Public Works)
(Continued from 4/23/02 – Item 4.2)
Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated April 23, 2002, recommending Council [1] Conduct a public hearing for the formation of Maintenance District 21 (Gateway place-Airport Parkway), and [2] Conduct a public hearing for the formation of Maintenance District 22 (Hellyer Avenue-Silver Creek Valley Road), and at the close of the each public hearing direct the City Clerk to tabulate the property owner ballots and report the results; if approved by property owners, adoption of resolutions approving the Engineer’s Report and approving and imposing the respective assessments. (2) Proof of publication of Public Hearing Notices regarding the formation of Maintenance Districts 21 and 22, dated March 13, 2002, submitted by the City Clerk.
Discussion/Action: City Clerk Patricia L. O’Hearn read the results of the tabulation for Maintenance District Number 21: Property owners to be assessed in the amount of $55,235.54 have returned ballots in support of the Assessment. Property owners to be assessed in the amount of $3,065.56 have returned ballots in opposition to the Assessment. 94.74% voted in favor of the formation of Maintenance District 21. The results of the tabulation for Maintenance District Number 22 are: Property owners to be assessed in the amount of $28,950.30 have returned ballots in support of the Assessment. Property owners to be assessed in the amount of $16,063.30 have returned ballots in opposition to the Assessment. 64.3% voted in favor of the formation of Maintenance District 22. Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, Resolution No. 70943, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Establishment of Maintenance District 21 (Gateway Place – Airport Parkway) Including the Adoption of the Engineer’s Report and Setting the Assessment as Detailed Therein”; and Resolution No. 70944, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Establishment of Maintenance District 22 (Hellyer Avenue – Silver Creek Valley Road) Including the Adoption of the Engineer’s Report and Setting the Assessment as Detailed Therein”, were adopted. Vote: 9-0-2-0. Absent: Diquisto, Yeager.
Council Member
Yeager returned to Council Chambers at this time.
4.4 Adoption of a resolution:
(a) Authorizing the Director of Housing to enter into
exclusive negotiations with JSM Enterprises on behalf of the City to develop
approximately 125 units of family apartments, affordable to low- and very-low
income households, on a 5.05-acre City-owned site located on the northeast
corner of Branham Lane and Monterey Road.
(b) Authorizing the Director of Housing to enter into
exclusive negotiations with ROEM Development Corporation on behalf of the City
to develop approximately 66 units of family apartments, affordable to low- and
very-low income households, on a 1.64-acre City-owned site located on the
southeast corner of 12th Street and Keyes Street. SNI:
Spartan/Keyes.
Council Districts 2 and 3. (Housing)
Documents Filed: (1) Memorandum from Director of Housing Leslye Corsiglia dated April 10, 2002, recommending the adoption of said resolution. (2) Supplemental memorandum from Director of Housing Leslye Corsiglia, dated April 25, 2002, providing additional information requested by the Rules Committee on April 17, 2002, regarding the Request for Quotations/Proposal process not included in the April 10, 2002, Staff report.
Discussion/Action: The following individuals addressed this item: Saul Wachter, Robert Corwin. Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, Resolution No. 70942, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Housing to Negotiate and Execute an Exclusive Negotiations with 1) JSM Enterprises for a 5.05 Acre Site on Branham Lane and Monterey Road and 2) Roem Development Corporation for a 1.64 Acre Site Located on 12th and Keyes Street for the Development of Affordable Housing Projects on City Property”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
4.5 (a) Approval of
Contract Change Order No. 7 with Graniterock Company dba Pavex Construction
Division for the Improvement District 99-218SJ (Hellyer-Piercy) Contract #1
Project in the amount of $2,336,750, for a total contract amount of
$16,041,265.10, and an increase of the contingency from $2,015,000 to
$3,700,000 to cover this Contract Change Order amount.
(b) Approval of revised contract time and
liquidated damages:
(1) Add additional 152 working days and
revise-liquidated damages to $5,000 per working day for Phase II.
(2) Revise liquidated damages to $1,000 per
working day for Phase III.
CEQA: Resolution Nos. 69699 and 64667. Council District 2. (Public Works)
Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 25, 2002, recommending approval of Contract Order No. 7 with related contingency with Graniterock Company dba Pavex Construction Division, and approval of the proposed revised contract time and liquidated damages.
Discussion/Action: Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Council approved Contract Change Order #7 and the revised contract time and liquidated damages with Granitrock Company dba Pavex and an increase of the contingency amount, and execution of the contract was authorized. Vote: 10-0-1-0. Absent: Diquisto.
4.6 (a) Adoption of appropriation ordinance and funding sources resolution amendments in the HOME Investment Partnership Program Fund:
(1) Increasing the Rental Rehabilitation Program Projects appropriation by $300,000.
(2) Increasing the Earned Revenue by $300,000.
(b) Adoption of a resolution:
(1) Approving business terms for a conditional grant of up to $2,800,000 and an acquisition/predevelopment loan of up to $1,993,000 to CORE Development, Inc., or its designated affiliate for the proposed development of the 134-unit Delmas Park Apartments affordable to extremely low- and low-income households on a .82 acre site located at the southeast corner of Bird Avenue and West San Carlos Street.
(2) Approving business terms for an acquisition/predevelopment bridge loan of up to $650,000 of Rental Rehabilitation Program Funds to CORE Development, Inc., or its designated affiliate (“Developer”), for the portion of the site intended for commercial uses.
Council District 3. SNI: Delmas Park. (Housing/City Manager’s Office)
(Rules Committee referral 4/24/02)
Council Member Dando left Council Chambers at this time.
Documents Filed: Memorandum from Director of Housing Leslye Corsiglia, and Budget Director Larry D. Lisenbee, dated April 24, 2002, recommending adoption of appropriation ordinance and related revenue resolution amendments in the HOME Investment Partnership Program Fund, and adoption of said resolution approving business terms for a conditional grant and acquisition/predevelopment loan and an acquisition/predevelopment bridge loan related to the proposed development of the Delmas Park Apartment site.
Discussion/Action: Council Member Chavez directed staff to: (1) evaluate the appropriateness of classroom space as part of the project as proposed, (2) look at the opportunity to expand the project overall and for the developers to work with the Redevelopment Agency on some land issues that exist next to this site for opportunities either for open space or for an expanded the project, (3) work with the neighborhood needs to locate community rooms, neighborhood signage and traffic calming. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Ordinance No. 26618, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Home Investment Partnership Fund in the Amount of $300,000 for Rental Rehab Program Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70945, 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 Home Investment Partnership Program Fund” and Resolution No. 70946, entitled: “A Resolution of the Council of the City of San José Approving (1) Business Terms for a Conditional Grant of up to $2,800,000; (2) An Acquisition/Predevelopment Loan of up to $1,993,000; (3) Business Terms for an Acquisition Predevelopment Bridge Loan of up to $650,000 of Rental Rehabilitation Program Funds; (4) Authorizing the Director for Housing to Negotiate and Execute all Necessary Documents Evidencing Such Loans on Behalf of the City, and (5) Finding that the use of 20% Housing Funds and Other Agency Funds for the Subject Project is a Benefit to the Redevelopment Project Areas in San José’ Vote: 9-0-2-0. Absent: Dando, Diquisto.
Council Member Dando
returned to Council Chambers at this time.
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – April 15, 2002
Documents Filed: Education, Neighborhoods, Youth and Seniors Committee report of April 15, 2002.
(a) Youth Commission Monthly Report. Attachment: March 2002 Youth Commission Report.
The Committee accepted the staff report.
(b) Skate Park Status Report. Attachment:
(1) Memorandum from Acting Director of Parks Recreation and Neighborhood Services
Albert Balagso, dated April 3, 2002, listing Council Districts that have
identified possible sites and/or have scheduled funding in the 5-year CIP. (2)
Supplemental memorandum from Acting Director of Parks, Recreation and
Neighborhood Services Albert Balagso, dated April 15, 2002, correcting and
clarifying that the previous report implied that a $1,500,000 budget existed to
fund the skatepark, whereas that amount is contingent on each Council
District’s contributing $50,000 in Construction and Conveyance funds.
The Committee
accepted the staff report with the following directive to staff:
· A new format for the monthly report listing sites with a trajectory/time-line.
(c) Status Report on Pick-Up San José.
Attachment: Memorandum from Deputy City Manager Jim Holgersson, dated April 4,
2002, transmitting said report.
The Committee
accepted the staff report with the following directive to staff:
·
A report back
on the success of April 20 is brought before the June 17 ENYS Committee.
·
Report on
availability of grants from Federal or State Programs be brought before the
June 17 ENYS Committee.
(d) Status Report on Citywide Trail
Projects. Attachment: Memorandum from Acting Director of Parks, Recreation and
Neighborhood Services Albert Balagso, dated April 3, 2002, transmitting said
report.
The Committee
accepted the staff report with the following directive to staff. Report back to
the June 17 ENYS Committee the following:
· Outline of the trail connections showing each trial section and how staff would proceed, including timetable.
·
Additional
information once the anticipated completion by July 1 of a Joint Use Agreement
with the Santa Clara Valley Water District.
·
Tracking
system-a report will be given for each trial section, indicating responsible
department, targets, and progress so the Council can make informed decision on
what they would like to do in moving the project forward.
·
An
informational package on “safety of trails” for community discussions.
· Discussions are held with Council Members regarding trails in their areas prior to June report.
(e) Status Report from the Airport Ombudsman
and Noise Monitoring Center. Attachment: Informational memorandum from Airport
Ombudsman Cathy Gaskell, dated April 2, 2002, reporting updates from the
Airport Ombudsman and Neighborhood Services Group, regarding the Noise
Monitoring Section, Environmental Section and the Acoustical Treatment Program.
The Committee accepted the staff report with the following directive to staff. The Airport Ombudsman Update report return to the May 20 ENYS Committee with:
·
A new format
showing the items of information requested from memos dated June 25, 2001,
November 12, 2001 and Council Member Yeager’s memo dated January 28, 2002.
Items are to be listed individually, with status on each item following the
listed item. All future reports should
use the same format.
·
Report on
Airline renegotiations becomes part of Airport Ombudsman’s Quarterly Report to
ENYS.
(f) Presentation of Draft Blight Ordinance. Attachment: Memorandum from Director of Planning, Building and Code Enforcement Stephen M. Haase, dated April 2, 2002, recommending the Committee review and recommend [1] that the Council approve the draft Ordinance revisions and additions to Chapter 17.72, Title 17 of the San José Municipal Code and repeal of Section 20.30.430 of Chapter 20.30 of Title 20 of the San José Municipal Code; [2] provide comment and direction on the expansion of duplex/multi-family residential landscape coverage standards to be consistent with proposed single family residential landscape coverage standards; and [3] recommend to the City Council that the Administrative Citation Schedule of Fines be amended in order to realign the Schedule with the new and renumbered sections of the Blight Code. Chair Chavez motioned to have the Committee take action on each recommendation separately. Following is the action taken on each recommendation:
·
The Committee
recommended that the Council approve the attached Ordinance revisions and
additions to Chapter 17.71, Title 17 of the San Jose Municipal Code and repeal
of Section 20.30.430 of Chapter 20.30 of Title 20 of the San Jose Municipal
Code.
·
The Committee
accepted the recommendation on the expansion of duplex/multi-family residential
landscape coverage standards from 50% to 100% to be consistent with proposed
single-family residential landscape coverage standards.
·
The
Administrative Citation Schedule of Fines is amended in order to realign the
Schedule with the new and renumbered sections of the Blight Code. In doing so, there will be a measure of
outreach.
·
The Committee
requested staff to present to the Committee the current criteria for signage as
a means of enforcement for improper RV Storage.
Discussion/Action: See Item 5.3 for Council action taken.
(g) Digital Divide Blueprint Strategic Goals and Action Plan Update. Attachment: Memorandum from Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated April 3, 2002, transmitting said report.
The Committee accepted the staff report.
(h) Quarterly
Report on new Martin Luther King, Jr. Library. Attachment: Memorandum from City
Librarian Jane Light, dated April 3, 2002, transmitting said report.
The Committee accepted the staff report with the following directive to staff:
· Future quarterly reports include information on programming and on programming that will happen as it relates to the library.
(i) Presentation
from Director of Environmental Services Department and Representatives from
Waste Disposal Companies regarding Anti-Graffiti efforts. Attachment:
Memorandum from Director of Environmental Services, Carl W. Mosher, dated April
9, 2002, reporting on Anti-Graffiti efforts by Environmental Services Division
and waste haulers.
The Committee accepted the staff report with the following directive to staff. A report be returned to the June 17 ENYS Committee including the following:
· A program that is consistent with the Anti-Graffiti Program.
·
Procedures for
a trial in a two or three block area where graffiti is particularly bad,
including cameras and outreach to educate the owners.
(j) Report
on Child Care Strategies. Attachment: Memorandum from Acting Director of Parks,
Recreation and Neighborhood Services Albert Balagso, dated April 3, 2002,
transmitting said report.
The Committee
accepted the staff report with the following directive to staff:
· Invitations are sent for the May 10 meeting to private childcare providers for profit and non-profit, in home providers, larger employers and P-Track. Also, contacts made with the Santa Clara Manufacturing Group and the Silicon Valley Chamber of Commerce for suggestions of additional employers to invite.
(k) Oral
petitions
None.
(l) Adjournment
The meeting was adjourned at 4:50 p.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee report and actions of April 15, 2002, were accepted, with Item 5.1(f) heard under Item 5.3. Vote: 10-0-1-0. Absent: Diquisto.
5.2 Acceptance of the 2002 Public Art Workplan First Quarter Report and Maintenance and Repair Report for Public Artworks. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Director of the Department of Conventions, Arts and Entertainment Nancy Johnson, dated April 10, 2002, transmitting said report.
Discussion/Action: Council Member Chavez directed staff to define what the review process is for final decision of artwork and/or designs and define what communities of interest were included in the outreach efforts. Upon motion by Council Member Williams, seconded by Council Member Chavez, and unanimously carried, the 2002 Public Art Workplan First Quarter Report was accepted. Vote: 10-0-1-0. Absent: Diquisto.
5.3 (a) Approval
of a draft ordinance amending and restating Chapter 17.72 of Title 17 of the
San José Municipal Code, property blight, in order to reorganize the Chapter,
to make clarifying changes, to specify landscaping requirements for single
family dwellings and park strips, to amend existing landscape requirements for
multifamily dwellings, and to specify storage requirements for single family
dwellings and park strips and to specify storage requirements for
certain items in residential zones and amending Section 20.30.430 to provide a
cross reference to the provisions of Chapter 17.72 of Title 17 of the Municipal
Code and to move certain provisions from Section 20.30.430 regarding the
parking and storage of motor vehicles on the front setback of lots located in
residential districts to an uncodified section.
(b) Adoption of a resolution to amend the
Administrative Citation Schedule of Fines in order to realign the Schedule with
the new and renumbered sections of the Blight Code.
CEQA: Exempt, PP02-03-063. (Planning, Building and Code Enforcement)
[Education, Neighborhoods, Youth and Seniors Committee referral 4/15/02 – Item 5.1(f)]
Documents Filed: (1) Memorandum from Assistant to the City Manager Deanna J. Santana, dated April 25, 2002, reporting the following actions taken on Item 5.1(f) by the Education, Neighborhoods, Youth and Seniors Committee on April 15, 2002: [1] The Committee recommend that Council approve the proposed Ordinance revisions and additions to Chapter 17.72, Title 17 of the San José Municipal Code and repeal of Section 20.30.430 of Chapter 20.30 of Title 20 of the San José Municipal Code; [2] The Committee accepted the recommendation of the expansion of duplex/multi-family residential landscape coverage standards from 50% to 100% to be consistent with proposed single family residential landscape coverage standards, and [3] the Committee recommends to the City Council that the Administrative Citation Schedule of Fines be amended in order to realign the Schedule with the new and renumbered sections of the Blight Code; in so doing, there will be a measure of outreach. (2) Memorandum from City Attorney Richard Doyle, dated April 25, 2002, stating the following additional revisions to the above-referenced ordinance which are being proposed from the version considered by the Education, Neighborhoods, Youth and Seniors Committee on April 15, 2002: [1] Rather than entirely repealing Section 20.30.430 of Chapter 20.30 of Title 20 of the San José Municipal Code, that section is proposed to be retained and amended to provide a cross reference to the provisions of the blight ordinance; with the goal of alerting persons reviewing the provisions of the Zoning Code applicable to residentially zoned districts that additional, important restrictions and regulations regarding the parking, storage and other activities allowed in the front setback of residential properties are set forth in the blight ordinance; [2] Section 20.30.430 currently refers to Identification Certificates that were issued prior to October 12, 1984 and which allowed the certificate holders to park and store certain vehicles in the unpaved portions of their front setbacks. Although the certificates are no longer being issued, there are a few certificates, which are currently in effect. Because the provisions regarding these certificates apply to only a few residents, it is recommended that they be removed to an uncodified section of this ordinance in order the streamline the printed code; [3] Several clarifying changes are proposed, including adding definitions of “property” and “passenger motor vehicle,” and correcting cross-references. (3) Electronic correspondence from approximately fifty residents, commenting on the proposed ordinance.
Discussion/Action: Using PowerPoint, Mike Hannon presented a comprehensive overview on the additions and revisions to the blight ordinance. The following individuals addressed Council on this item: David Urista, Chuck Hagenmaier, Randi Kinman, Gun Dallavecchia, Kathy Thibodeaux, Steve Cohen, Gary Ellis, Peter Ross, Mike Zoldak, John Messina, Pat Casey, Evette Dailley, Linda Caywood, William J. Garbett, Harry Scuffos, Robert Mugno, Dylan Martin, Claudette Oberdick, Dan Grunan, Robert L. Oberdick, Ross Signorino, Michael Pelletier, Richard Madayre, Coty Saskia, Deni Uroseuic, Glen Sutherlin, Brad D. Hayden, Joe Valente, Mary Mike Fierros, Al Suarez, Brigette Chang, Anthony Chang. Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, Council approved the recommendations with direction to staff to (1) contact retailers regarding restricted use of canopies in the City; (2) define “visible from the street” to give guidance to Code Enforcement; (3) discuss with Tri-County Apartment Association acceptable options for landscaping; and (4) have Code Enforcement and RV owners work together for acceptable home storage options; with staff to return to Council on May 30th for the second reading of the Ordinance. Mayor Gonzales clarified the motion by stating that it be approved as a first reading with clarifications to come back in time for a second reading in four weeks. Council Member Reed stated that he could not support the draft ordinance with the Private Cause of Action included in the ordinance. On a call for the question, Ordinance No. 26619, entitled: “An Ordinance of the City of San José Amending and Restating Chapter 17.72 of Title 17 of the San José Municipal Code, Property Blight, in Order to Reorganize the Chapter, to Make Clarifying Changes, to Specify Landscaping Requirements for Single Family and Multifamily Dwellings and Parkstrips and to Specify Storage Requirements for Certain items in Residential Zones, and Amending Section 20.30.430 of Chapter 20.30 of Title 20 to Provide a Cross Reference to the Provisions of Chapter 17.72 of Title 17 and to Move Certain Provisions from Section 20.30.430 Regarding the parking and Storage of Motor Vehicles on the Front Setback of Lots Located in Residential Districts to an Uncodified Section of this Ordinance”, was passed for publication; and Resolution No. 70947 to amend the Administrative Citation Schedule of Fines in order to realign the Schedule with the new and renumbered sections of the Blight Code”, was adopted. Vote: 9-1-1-0. Noes: Reed. Absent: Diquisto.
5.4 (a) Adoption of a resolution authorizing the City Manager to:
(1) Submit a revised grant application for $730,000 to the State Resources Agency to fund the acquisition of land along Winfield Boulevard from the Valley Transportation Authority (VTA) to allow for the future development of the Guadalupe River South Trail from State Route 85 to Chynoweth Avenue, contingent upon receipt of the grant funds from the State Resources Agency.
(2) Submit a revised grant application for $1,200,000 to the State Resources Agency to fund the design and construction of the Guadalupe River South Trail in Reach 12 and a spur trail from Guadalupe River South Trail to the intersection of Chynoweth Avenue and Winfield Boulevard.
(3) Negotiate and execute the acquisition of the VTA property referenced above for a purchase price, not to exceed $1,200,000, subject to receipt of the grant funds and appropriation of any additional necessary funds.
Council Districts 9 and 10. CEQA: Exempt, PP02-04-089 and PP02-04-090. (Parks, Recreation and Neighborhood Services)
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute Joint Use Agreements with the Santa Clara Valley Water District for:
(1) The Gregory Street Pedestrian/Bicycle Bridge Project and related trail improvements along the Los Gatos Creek Trail. CEQA: ND, PP01-02-019.
(2) The Upper Guadalupe Pedestrian/Bicycle Bridge project at the headwaters of the Guadalupe River and related trail improvements.
(3) Trail improvements along Reach 12 of the Guadalupe River between Blossom Hill Road and Chynoweth Avenue. CEQA: Exempt, PP02-04-090.
Council Districts 6, 9, and 10. (Parks, Recreation and Neighborhood Services)
Documents Filed: (1) Memorandum from Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated April 25, 2002, recommending the adoption of said resolution authorizing the City Manager to submit revised grant applications to the State Resources Agency to fund land acquisition and design and construction related to the future development of the Guadalupe River South Trail. (2) Memorandum from Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated April 25, 2002, recommending Council authorize the City Manager to negotiate and execute said Joint Use Agreements with the Santa Clara Valley Water District.
Discussion/Action: The following individuals spoke on this item: Michael Pelletier, Tom Coney, Sharon Dains, Allen Conrad, and Karl Lavcher. Upon motion by Council Member Dando, seconded by Council Member Chavez and unanimously carried, Resolution No. 70948, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit Revised Grant Applications to the State Resources Agency for Local Assistance for the Development of the Guadalupe River South Trail”; and Resolution No. 70949, entitled: “A Resolution of the Council of the City of San José Delegating Authority to the City Manager to Negotiate and Execute Joint Use Agreements with the Santa Clara Valley Water District for: (1) The Gregory Street Pedestrian/Bicycle Bridge Project; (2) The Upper Guadalupe Pedestrian/Bicycle Bridge Project at the Headwaters of the Guadalupe River and Related Trail Improvements; and (3) Trail Improvements Along Reach 12 of the Guadalupe River Between Blossom Hill Road and Chynoweth Avenue”, were adopted. Vote: 9-0-2-0. Absent: Diquisto, Williams.
6.1 (a) Adoption
of a resolution authorizing the City Manager to negotiate and execute a cooperative agreement with Equity Office
(property owner) and the California Department of Transportation for the construction of
improvements at the Route 87 interchange at Skyport Drive, and
authorizing the Director of Public Works to execute any documents necessary to
effectuate the transfer of property related to such improvements.
(b) Adoption of the following appropriation ordinance
and funding sources resolution amendments in the Building and Structure
Construction Tax Fund:
(1) Establish an appropriation to the Department
of Transportation for the Route 87: Equity
Office/Caltrans Project in the amount of $950,000.
(2) Increase the estimate for Earned Revenue by
$950,000.
CEQA: Resolution Nos. 65071 and 69421.
Council District 3. (Transportation/City Manager’s Office)
Documents Filed: Memorandum from Director, Department of Transportation Wayne Tanda, and Budget Director Larry D. Lisenbee, dated April 10, 2002, recommending the adoption of said resolution authorizing the City Manager to negotiate and execute a cooperative agreement with Equity Office and the California Department of Transportation for the construction of improvements at the Route 87 interchange at Skyport Drive, and adoption of ordinance and related revenue resolution amendments.
Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Yeager and unanimously carried, Resolution No. 70950, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Cooperative Agreement with Equity Office and the California Department of Transportation for the Construction of Improvements at the Route 87 Interchange at Skyport Drive and Authorizing the Director of Public Works to Execute any Documents Necessary to Effectuate the Transfer of property Related to Such Improvements”; Ordinance No. 26620, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Building and Structure Construction Tax Fund in the Amount of $950,000 for the Route 87 Equity Office/Caltrans Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70951, 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 Building and Structure Construction Fund”, were adopted. Vote: 10-0-1-0. Absent: Diquisto.
6.2 Report on Council's direction to the Director of the Department of Transportation to provide additional information on street sealing programs in other Bay Area and California cities, alternatives to the City's current slurry and chip sealing programs, comparative cost information, and street resurfacing, rehabilitation, and reconstruction needs. (Transportation)
Documents Filed: Memorandum from Director, Department of Transportation Wayne Tanda, dated April 25, 2002, providing said report on Street Maintenance Alternatives and Needs.
Discussion/Action: Council Member Dando directed staff to return to Council on May 28, 2002 with additional information regarding the use of chip seal versus slurry seal. Council Member Dando will also provide staff with the additional information gathered by her staff. Upon motion by Council Member Dando, seconded by Council Member Yeager and unanimously carried, Council accepted the street sealing programs report. Vote: 10-0-1-0. Absent: Diquisto.
7.1 Report on bids and award of contract for the construction project entitled “San José /Santa Clara Water Pollution Control Plant, FY 2000/2001 Capital Improvement Program; East Primary Tanks Sluice Gates Replacement,” to the low bidder, Anderson Pacific Engineering Construction, Incorporated, in the amount of $940,000, and approval of a budget contingency in the amount of $140,000, for a total amount not to exceed of $1,080,000. CEQA: Exempt, PP01-03-052.
(Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 10, 2002, recommending award of said contract, with related contingency, to the low bidder, Anderson Pacific Engineering Construction, Incorporated. (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 Williams, seconded by Council Member Chavez and unanimously carried, the award of contract to the low bidder, Anderson Pacific Engineering Construction, Incorporated, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Diquisto.
7.2 Report on the status of the Muni Water RFP process. (City Manager’s Office)
Documents Filed: None.
Discussion/Action: This item was deferred to May 21, 2002.
8.1 Approval of an agreement with Lea+Elliott, Inc. for consultant services for the Automated People Mover Projects at the Norman Y. Mineta San José International Airport in the amount of $650,000, for a term from the date of execution through April 30, 2007. (Public Works/Airport)
Documents Filed: None.
Discussion/Action: This item was deferred to May 7, 2002.
William Garbett discussed RV’s and blight; Michael Adams discussed the parking situation in San Jose; Michael Pettier discussed street and sidewalk painting; and Ross Signorino discussed violence against women.
The Council of the City of San Jose adjourned at 6:10 p.m. in memory of Neil Christie, a long time community leader and AIDS activist.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK