CITY COUNCIL AGENDA
DECEMBER 11, 2001
SYNOPSIS
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Call to Order and Roll Call9:30 a.m. - Closed Session, Room 600, City Hall
Absent: Council Members – none.
1:30 p.m. - Regular Session, Council Chambers, City Hall
Absent: Council Members – none.
·
Invocation (Mayor)Imam Tahir delivered the invocation.
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Pledge of AllegianceMayor Gonzales led in the Pledge of Allegiance.
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Orders of the DayApproved with Items 1.3 deferred to December 18, 2001 and Item 2.13 corrected to read deferred to December 18, 2001.
1 CEREMONIAL ITEMS
1.1 Presentation of a commendation to Chairman Rick Sanchez and the Board of Directors of the San José Sports Hall of Fame for their efforts in hosting this year’s Hall of Fame Induction Dinner on November 7, 2001, and recognition to Rick Sanchez for his leadership during his four years of service as Chairman. (LeZotte)
Joining Mayor Gonzales at the podium was Council Member LeZotte to present the commendation to Chairman Rick Sanchez, Board of Directors of the San Jose Sports Hall of Fame naming Bert Bonanno, Debra Cauble, Adrian Cibilich, Greaghe Gordon, Carolyn Lewis, Amy Love, Chris Morrisey, Dean Munro, Ray Purpur, Mark Purdy, Nino Repetti,
Rick Sanchez, Frank Alaton, David Szafranski and Tom Zipse, representing San Jose Magazine Gilbert Sangari, KNTV representatives Janice Edwards and Roger Mathai.
The Special Olympics was chosen to receive proceeds of the Hall of Fame Induction Dinner and Rick Sanchez presented Regional Vice President, Aubrey Merriman with a check for $12,250.
1.2 Presentation of a commendation to Fire Engineer Charles Carter who, after the terrible events at the World Trade Center in New York, used his own money and personal time off to assist in the rescue efforts at Ground Zero. (LeZotte)
Joining Mayor Gonzales at the podium was Council Member LeZotte to present the commendation to Fire Engineer Charles Carter for his compassion and selfless efforts at two Fire Stations in New York after the September 11, 2001 tragedy.
1.3 Presentation of a commendation to Lillian Silberstein for her years of service to the community. (Mayor)
Deferred to December 18, 2001.
1.4 Presentation of a commendation to the City of San José for improving its classification from a Class 8 to a Class 7 in the National Flood Insurance Program’s Community Rating System, resulting in a City-wide savings of over $634,000 as a result of reduced flood insurance premiums. (Public Works)
Joining Mayor Gonzales at the podium was Michael Shore of FEMA to present to Mayor Gonzales, City Manager Del Borgsdorf and the City of San Jose a commendation for improvements in the National Flood Insurance Program’s Community Rating.
1.5 Mayor Gonzales welcomed back Council Member Dando from her medical leave. Council Member Dando thanked the Mayor and reflected on keeping as a priority family, friends and faith close and expressed appreciation for the letters, good wishes and prayers from her "extended family" here at the city and for the impact it made on her and her family. Council Member Dando will return to a full schedule after the first of the year.
2 CONSENT CALENDAR
2.1 Approval of Minutes.
Recommendation: Approval of City Council Minutes for:
(a) Regular meeting of June 19, 2001
Approved.
(b) Joint Council/Redevelopment Agency Board meeting of June 19, 2001
Approved.
(c) Joint Financing Authority/ Redevelopment Agency Board meeting of June 19, 2001
Approved.
2.2 Final adoption of ordinances.
None.
2.3 Approval of an amendment to the agreement with Shaw Pittman for legal services.
Recommendation: Approval of a second amendment to the legal services agreement with Shaw Pittman to increase the total compensation allowed by $6,000, for a total not to exceed $206,000, to allow payment for additional services during the 2000-2001 term of the agreement. (City Attorney’s Office)
Approved.
2.4 Approval of fiscal actions related to a grant awarded to the Library.
Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments increasing the Library Department’s grants appropriation by $10,000. (City Manager’s Office)
Ordinance No. 26534 adopted.
Resolution No. 70745 adopted.
2.5 Approval of open purchase orders for the purchase of supplies, materials, equipment, and services.
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #15, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Approved.
2.6 Approval of an agreement to provide fountain and vending products for Happy Hollow Park and Zoo.
Recommendation: Adoption of a resolution authorizing the Director of General Services to execute a five year concession agreement with Pepsi Bottling Group to provide fountain and vending products, equipment, and marketing opportunities for Happy Hollow Park and Zoo. (General Services)
Resolution No. 70746 adopted.
2.7 Approval to purchase additional traffic message boards for the Airport.
Recommendation:
(a) Approval of an option to purchase four additional trailer mounted traffic message boards for the Norman Y. Mineta San José International Airport from Signalisation Ver-Mac, Inc. for the same bid price of $18,000 per unit, for a total cost of $77,760 including tax and delivery.
(b) Authorization for the Director of General Services to execute a purchase order for the:
(1) Immediate purchase of four additional units.
(2) Subsequent purchase of the additional units at the same bid price without further Council action other than the appropriation of necessary funds.
(General Services)
Approved.
2.8 Approval of various actions related to the Almaden Apartments.
Recommendation: Adoption of a resolution:
(a) Approving an amendment of the Affordability Restrictions for the Almaden Apartments located at 150, 162, 164, 714, and 722 Duane Street, reducing the number of affordable units by one.
(b) Approving the transfer of one affordable unit from Almaden Apartments to a 14-unit, InnVision-sponsored project located at 96 South Tenth Street.
Council District 3. SNI: Washington. (Housing)
TO BE HEARD WITH ITEM 2.9
Resolution No. 70747 adopted.
2.9 Approval of the rescission of 30-year Affordability Restrictions and authorizing the transfer of affordability restrictions for Innvision of Santa Clara Valley.
Recommendation: Adoption of a resolution:
(a) Approving the rescission of 30-year Affordability Restrictions existing on two 4-plexes (eight units total) located at 1361 and 1440 Dubert Lane.
(b) Authorizing the transfer of affordability restrictions to be recorded on a 14-unit property located at 96 South Tenth Street.
(c) Authorizing the Acting Director of Housing to execute the required documents.
Council Districts 3 and 7. SNI: Santee and 13th. (Housing)
(Deferred from 11/13/01 – Item 2.5)
TO BE HEARD WITH ITEM 2.8
Resolution No. 70748 adopted.
2.10 Approval of various actions in accordance with the Finance and Infrastructure Committee action of October 10, 2001 and as a result of further due diligence related to e-Government Initiatives.
Recommendation:
(a) Acceptance of the report, which is a synopsis of the status report presented at the October 10, 2001 Finance and Infrastructure Committee meeting and reported out at the October 23, 2001 City Council meeting.
Approved.
(b) Adoption of the following appropriation ordinance amendments in the General Fund to:
(1) Establish an appropriation for the e-Government Applications Project in the amount of $97,000.
(2) Decrease the e-Government Applications Earmarked Reserve by the amount of $97,000.
Ordinance No. 26535 adopted.
(c) Adoption of a resolution authorizing the City Manager to execute a first amendment to the agreement with Maximus, Inc. for consulting services on e-Government, extending the term of the agreement from November 2, 2001 to January 31, 2002, at an additional cost of $97,000, for a total cost of $195,100.
Resolution No. 70749 adopted.
(Information Technology)
[Finance and Infrastructure Committee referral 10/10/01 – Item 3.3(c)]
2.11 Approval of the City’s interest to acquire all or a portion of surplus property owned by Berryessa Union School District.
Recommendation: Adoption of a resolution indicating the City’s interest in the acquisition of the surplus Berryessa Union School District property located on the easterly side of Flickinger Avenue, opposite Marcross and Doxey Drives (APN 245-18-003) and amending Table I of the City’s School Site Reuse Plan to reflect this interest. CEQA: Exempt. Council District 4. (Planning, Building and Code Enforcement)
Resolution No. 707050 adopted.
2.12 Approval of a purchase agreement for a parcel of land and a right of entry for property on the south side of Hillsdale Avenue.
Recommendation: Approval of an agreement with George P. Thotus and Ellen M. Thotus, trustees of the Thotus Living Trust dated November 12, 1986, for the purchase of a parcel of land and a right of entry relating to property on the south side of Hillsdale Avenue, between Narvaez Avenue and Canoas Creek, in the amount of $12,800. CEQA: Exempt. Council District 7. (Public Works)
Approved.
2.13 Nominations to the Metcalf Community Advisory Committee.
Recommendation: Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor)
(Deferred from 10/30/01 – Item 2.11 et al., and 12/4/01 – Item 2.4)
This item deferred to December 18, 2001.
2.14 Approval of various actions related to the Norman Y. Mineta San José International Airport runway.
Recommendation:
(a) Report on bids for the Norman Y. Mineta San José International Airport runway rubber removal and pavement surface cleaning services and approval of award to the low cost vendor, Ackerman & Sons Company, in the amount not to exceed $125,000, and authorization for the Director of General Services to execute the service order.
(b) Authorization for the Director of General Services to exercise the option to renew the contract for four (4) additional one (1) year extensions without further Council action, other than the appropriation of funds.
(General Services)
(Deferred from 12/4/01 – Item 2.7)
Approved.
2.15 Approval of an ordinance adding a Supplemental Retirees’ Benefit Reserve Program to the Police and Fire Department Retirement Plan.
Recommendation: Approval of an ordinance adding a Supplemental Retirees’ Benefit Reserve Program to the Police and Fire Department Retirement Plan.
(Retirement Services)
(Rules Committee referral 12/5/01)
Ordinance No. 26536 passed for publication.
3 STRATEGIC SUPPORT SERVICES
3.1 Report of the Study Session
Mayor Gonzales, Chair
No Report.
3.2 Report of the Rules Committee – November 28, 2001
Vice Mayor Shirakawa, Jr., Chair
(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 December 11, 2001 Draft Agenda
The Committee approved the December 11, 2001 City Council Agenda with three additions.
(2) Add New Items to December 4, 2001 Amended Agenda
The Committee recommended eight additions to the December 4, 2001 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
(1) Approve City Council Meeting Schedule, January –August 6, 2002
The Committee recommended approval of the City Council Meeting Scheduled for the period January-August 6, 2002.
(e) The Public Record
The Committee noted and filed the Public Record for the period October 24 – November 20, 2001.
(f) Boards, Commissions and Committees
(1) Airport Curfew Monitoring Committee
The Committee directed the City Clerk to readvertise the vacant position on the Airport Curfew Monitoring Committee.
(2) Recommendation of policy relating to designating speaking times at City Council meetings for representatives of City Boards and Commissions
The Committee recommended a formal policy be adopted which would allow designated representatives of City Boards or Commissions to address the City Council on a designated item on the City Council agenda for more than two minutes time.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(h) Administrative Reviews and Approval
(1) Appoint Alternate Voting Delegate for National League of Cities Annual Business Meeting.
This item was heard by Council on December 4, 2001.
(i) Oral communications
None were presented.
(j) Adjournment
The meeting was adjourned at 2:10 p.m.
The Rules Committee Report and actions of November 28, 2001 was accepted.
3.3 Report of the Finance and Infrastructure Committee – November 28, 2001
Council Member Dando, Chair
(a) Monthly Financial Statement for October
(b) Capital Cost Report for October
(c) Cash Flow Projection
Redevelopment Agency items reported out at Redevelopment Agency meeting.
(d) Oral petitions
None.
(e) Adjournment
The Committee was adjourned at 4:00 P.M.
The Finance and Infrastructure Committee Report and Actions of November 28, 2001 was accepted.
3.4 Approval to award the purchase of replacement SUV command center vehicles for the Fire Department.
Recommendation:
(a) Report on bids and award the purchase of five replacement full-size SUV command center type vehicles to the low bidder, Wondries Chevrolet, for a total cost of $410,131.60 including tax and delivery.
(b) Authorization for the Director of General Services to execute the purchase order for the:
(1) Immediate purchase of five units; and
(2) Subsequent purchase of additional units at the same bid price without further Council action other than the appropriation of necessary funds.
(General Services)
Approved.
3.5 Adoption of statements of policy and questions for prospective department heads.
Recommendation: Discussion and action by the Council (per Charter Section 411.1) to adopt statements of policy and questions for prospective appointees of directors for departments of Planning, Building, and Code Enforcement, Public Works, and Housing. (Reed)
(Rules Committee referral 12/5/01)
Approved with addition of questions in Council Member Reed’s memorandum dated December 6, 2001.
4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee
Council Member Williams, Chair
No Report.
4.2 Approval of various tobacco control policies for programs funded by the Healthy Neighborhoods Venture Fund.
Recommendation: Adoption of the following tobacco control policies for programs funded by the Healthy Neighborhoods Venture Fund (HNVF):
(a) Comprehensive Smoke-free Environment Policy requiring HNVF funded programs to prohibit the use of tobacco products at any time in agency vehicles, buildings, and property;
(b) Disclosure of Tobacco Company Contributions Policy precluding the award of HNVF funds to applicants who receive or solicit funds, goods, or services from tobacco companies but not to applicants who receive or solicit funds, goods, or services from subsidiaries of tobacco companies;
(c) Fund Acknowledgement Policy requiring HNVF funded programs to acknowledge the receipt of funds from the City of San José HNVF Program and allowing programs that receive contributions from subsidiaries of tobacco companies to acknowledge receipt of funds from only the subsidiary, and not the parent company, in printed and other materials; and,
(d) Divestment from Tobacco Policy requiring HNVF funded programs to divest any stock or funds in companies that derive more than 15 percent of their revenues from tobacco companies and their subsidiaries.
(Parks, Recreation and Neighborhood Services)
Deferred to January 15, 2002.
5 RECREATION & CULTURAL SERVICES
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee
Council Member Chavez, Chair
No Report.
5.2 Approval to award a contract for the Evergreen Park and Fernish Park Play Area Renovation Projects.
Recommendation: Report on bids and award of contract for the Evergreen Park and Fernish Park Play Area Renovation Projects to the low bidder, Robert A. Bothman, Inc., in the amount of $620,177, and approval of a contingency in the amount of $63,000. CEQA: Exempt. Council District 8. (Public Works)
Approved.
6 TRANSPORTATION SERVICES
6.1 Approval of an agreement for the implementation of the Proactive Signal Re-Timing Project.
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement for consultant services with Kimley-Horn and Associates and the City of San José, as the lead agency, for the implementation of the Proactive Signal Re-Timing Project in six different jurisdictions, for an amount not to exceed $500,000. CEQA: Exempt. (Transportation)
Resolution No. 70751 adopted.
7 ENVIRONMENTAL & UTILITY SERVICES
7.1 Approval to execute Reuse and Recycling Agreements with various non-profit organizations.
Recommendation: Adoption of a resolution authorizing the City Manager to execute Reuse and Recycling Agreements with the following non-profit organizations for the period from the execution of the agreement to June 30, 2002, in an amount not to exceed $685,000:
(a) Goodwill Industries of Santa Clara County, in an amount not to exceed $435,000.(b) The Salvation Army, in an amount not to exceed $220,000.
(c) St. Vincent de Paul Society, in an amount not to exceed $30,000.
(Environmental Services)
Resolution No. 70752 adopted.
8 AVIATION SERVICES
9 PUBLIC SAFETY SERVICES
10 JOINT COUNCIL/REDEVELOPMENT AGENCY
REDEVELOPMENT AGENCY BOARD CONVENED AT 2:30 P.M. TO CONSIDER ITEM 10.1 IN A JOINT SESSION
10.1 Public Hearing followed by approval for a closure of a portion of Sherman Street and award of a construction contract for the Brenda Lopez Memorial Park.
Recommendation:
(a) Public Hearing and adoption of a resolution by the City Council to permanently close the northerly 150 linear feet of Sherman Street; and,
Resolution No. 70753 adopted.
(b) Adoption of a resolution by the Agency Board awarding a construction contract to HRB, Inc., the low bidder, in the amount of $462,992, for the construction of the Brenda Lopez Memorial Park and establishing a construction contingency in the amount of $46,299, for a total funding authorization of $509,291.
CEQA: Resolution No. 65459. Council District 3. SNI: Washington.
(Redevelopment Agency)
Redevelopment Agency Board Resolution Adopted.
REDEVELOPMENT AGENCY BOARD MEETING WAS ADJOURNED AT 2:31 P.M.
·
Closed Session Report·
Notice of City Engineer’s Pending Decision on Final MapsIn accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:
Tract
Location
Council District
Developer
Lots/ Units
Type
Proposed Decision
9380
E/s of Sunol Street, n/o Park Avenue
6
Summerhill Georgetown LLC
94 units
Single Family Attached
Approve
9381
S/E corner of Willow Street & Delmas Avenue
6
Pulte Home Corporation
30 units
Single Family Attached
Approve
In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:
None received.
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Open ForumPete Campbell spoke about the Airport and Commission meeting regarding naming of the Norm Y. Mineta San Jose International.
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AdjournmentThe Council of the City of San Jose adjourned at 2:35 p.m. in memory of Lucas Michael Freitas, the one-month old son of Harry and Angela Freitas; Harry has been with the City for 11 years and currently works in the Department of Transportation.
JOINT REDEVELOPMENT AGENCY/COUNCIL
The following resolution was adopted at the Joint City Council/Redevelopment Agency meeting on Tuesday, December 11, 2001:
7.1 Approval of a Cooperation Agreement between the City and the Agency transferring the rights, title and interest in the Tot Lot, and the Children’s Playground and Carousel.
Recommendation: Adoption of a resolution by the City Council and Agency Board approving a Cooperation Agreement transferring the Agency’s rights, title and interest in Arena Green, Confluence Point, the Tot Lot, Children’s Playground and Carousel at Arena Green to the City of San José, and authorizing the City Manger and Executive Director to execute all necessary documents.
(MERGED)
Resolution No. 70754 adopted. Vote: 10-0-1-0. Absent: Yeager.
Redevelopment Agency Board Resolution adopted.
Vote: 10-0-1-0. Absent: Yeager
7.2 Approval of Development Agreements for historic houses at 157 and 171 North Eighth Street and 392, 386 and 390 North Fourth Street.
Recommendation:
(a) Acceptance of 33433 Summary Reports, finding that the disposal of the listed properties will assist in the elimination of blight and that the consideration for the properties is not less than the fair reuse value for the proposed uses, with the covenants and conditions and development costs authorized by the Disposition and Development Agreements, and adoption of a resolution by the City Council:
(1) Approving the disposition of property located at 157 North Eighth Street to Dayana Salazar, and
(2) Approving the disposition of property located at 171 North Eighth Street o Silicon Valley Habitat for Humanity, Inc.; and,
(3) Approving the disposition of property located at 382, 386, and 390 North Fourth Street to Spartan Shops.
Approved. Vote: 10-0-1-0. Absent: Yeager
(b) Approval by the Agency Board of the Disposition and Development Agreements and authorization for the Executive Director to execute ancillary documents contemplated by the Disposition and Development Agreements and to close escrows and dispose of the properties described in the Disposition and Development Agreements subject to compliance with terms of the Disposition and Development Agreements.
CEQA: Resolution No. 68905 (CIVIC PLAZA)
Resolution No. 70755 adopted. Vote: 10-0-1-0. Absent: Yeager