MINUTES OF THE CITY COUNCIL

 

 

SAN JOSÉ , CALIFORNIA                                                                 TUESDAY, MAY 13, 2003

 

 

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 -    Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.

 

            Absent:    Council Members -    Campos. (Excused)

 

            Upon motion unanimously adopted, Council recessed at 9:35 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) City of San José v. State of California; and (2) to discuss anticipated litigation pursuant to Subsection (c) of Government Code Section 54956.9, of two matters involving the initiation of litigation.

 

            By unanimous consent, Council reconvened from the Closed Session and recessed at 10:50 a.m. and reconvened at 1:34 p.m. in the Council Chambers.

 

            Present:   Council Members -    Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.

 

            Absent:    Council Members -    Campos. (Excused)

 

Invocation

 

            Reverend Jethro Moore II, Emmanuel Baptist Church delivered the Invocation. (District 5)

 

Pledge of Allegiance

 

Mayor Gonzales led the Pledge of Allegiance.

 

Orders of the Day

 

Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-1-0. Absent: Campos.

 

            Item 10.1 is to be considered in a Joint City Council/Redevelopment Agency Board session.

 

            Council Member Yeager welcomed and introduced two social studies classes, and teachers Joe Berg and Marlis Metrovich from Willow Glen Middle School as guests touring City Hall.

 

CEREMONIAL ITEMS

 

1.1       Presentation of a commendation to City of San José Employees for the 2002 Food Drive.  (City Manager’s Office)

 

            Documents Filed: Memorandum from Customer Service Manager Dottie Disher, dated April 23, 2003, requesting a commendation to City of San José employees for the 2002 Food Drive.

 

            Discussion/Action: Mayor Gonzales called to the podium David Sandretto, Executive Director of Second Harvest Food Bank, Monika Churchill, Second Harvest Food Drive Coordinator and Joanne DeSa, ESD Employee Coordinator to present a commendation to City Employees for their participation in the 2002 Annual Holiday Second Harvest Food Drive which consists of 35 site coordinators, and commended them for successfully encouraging their colleagues to contribute, and thanked them for their strong commitment to residents in need in the City of San José.

 

1.2       Presentation of a proclamation declaring the week of May 18-24, 2003, Public Works Week. (Public Works)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales called to the podium David Clark, Deputy Director of Public Works, Kevin O’Connor, Steve Willis, Deputy Director of Environmental Services, Randy Turner, Deputy Director of General Services presenting a proclamation declaring the week of May 18-24, 2003 as Public Works Week in recognizing the vital role of Public Works for projects done on time, and on budget and improving the status of our community.

 

1.3       Presentation of plaque to Helen Richardson-Davis for 2 years 8 months service on the Senior Citizens Commission.  (Mayor)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales presented a plaque to Helen Richardson-Davis for 2 years 8 months service of service on the Senior Citizens Commission. She was unable to attend and the plaque will be mailed.

 

1.4       Presentation of a commendation to the Youth Anti-Tobacco Collaborative.  (Campos)

            (Deferred from 5/6/03 – Item 1.8)

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to May 20, 2003 agenda to be heard in the evening

 

1.5       Presentation of commendations to Mexican Heritage Plaza, the English Department of Santa Clara University, and Heyday Books.  (Campos)

            (Rules Committee referral 5/7/03)

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to May 27,2003.

 

CONSENT CALENDAR

 

            Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-1-0. Absent: Campos.

 

Approval of Minutes.

 

2.1       Approval of City Council Minutes for:

            (a)        Regular meeting of September 10, 2002

            (b)        Joint City Council/Redevelopment Agency Board meeting of September 10, 2002

            (c)        Regular meeting of September 17, 2002

 

            Documents Filed: Minutes of Regular Council meeting of September 10, 2002 and September 17, 2002, and Joint City Council/Redevelopment Agency Board meeting of September 10, 2002.

 

            Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Campos.

 

Final adoption of ordinances.

 

2.2       (a)        Final adoption of Ordinance No. 26886 amending Chapter 11.36 of Title 11 of the San José Municipal Code to add a new Part 3 that authorizes the Director of Transportation to reserve parking spaces for zero emission vehicles in City-owned or operated off-street parking facilities.

 

                        Documents Filed: Proof of Publication of the title of Ordinance No. 26886, executed on May 6, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26886 was adopted. Vote: 10-0-1-0. Absent: Campos.

 

2.3       Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement between the City of San José and artist Cliff Garten to fabricate and install an artwork for the Tully Road Branch Library, in an amount not to exceed $137,484.  CEQA:  Exempt, PP03-03-086.  Council District 7.  (Conventions, Arts and Entertainment)

 

            Documents Filed: Memorandum from Convention, Arts and Entertainment Acting Director Jim McBride, dated April 23, 2003, recommending adoption of said resolution.

 

            Discussion/Action: Resolution No. 71548, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Cliff Garten for a Work of Art for the Tully Road Branch Library in an Amount Not to Exceed $137,484”, was adopted. Vote: 10-0-1-0. Absent: Campos.

 

2.4       Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement between the City of San José and the Valley Transportation Authority (VTA) for the collection and maintenance of civic litter modules, beginning July 1, 2003 through June 30, 2004, in an amount not to exceed $189,993.  CEQA:  Exempt, PP03-04-140.  (Environmental Services)

 

            Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 23, 2003, recommending adoption of said resolution.

 

            Discussion/Action: Council Member Chavez suggested Staff use the same benchmarks which were used with the previous contractor and for them to remain at the same level of customer satisfaction, and as the contract moves forward for Staff to report back with customer service as to how many complaints are received, and whether or not there are Civic Litter Modules (CLM) in areas requiring extra maintenance, and to ensure Staff will search for an organization like the Conservation Corps or some other group to help. Council Member Chavez asked which companies Staff has reached out to for the contract, and which companies decided not to work with the City. Environmental Services Director Carl W. Mosher replied Staff would report back to Council on these issues. William J. Garbett spoke on the item. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and carried unanimously, the Staff recommendation authorizing the City Manager to negotiate and execute said agreement with the Santa Clara Valley Transportation Authority for litter removal and maintenance of civic litter modules was authorized, and Resolution No. 71549, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with the Santa Clara Valley Transportation Authority for Litter Removal and Maintenance of Civic Litter Modules in an Amount Not to Exceed $189,993”, was adopted. Vote: 10-0-1-0. Absent: Campos.

 

2.5       Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #31, and authorization for the Director of General Services to execute the purchase orders. CEQA:  See report. (General Services)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated April 23, 2003, recommending approval of said open purchase orders.

 

            Discussion/Action: The award of open purchase orders for FY 2002-2003 #31 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 10-0-1-0. Absent: Campos.

 

2.6       Approval of an award for a sole source purchase of eighty flight and related hardware for the East Primary tanks to U.S Filter/Envirex (Pleasanton, CA), for a total cost of $106,647.90, including tax and delivery, and authorize the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)

 

            Documents Filed: (1) Memorandum from Director of General Services, Jose Obregon, dated April 23, 2003, recommending award of sole source purchase of standardized tank components to U.S. Filter/Envirex and to authorize the Director of General Services to execute the purchase order. (2) Letter from the Treatment Plant Advisory Committee dated May 8, 2003, stating concurrence with the Staff recommendation.

 

            Discussion/Action: The award of sole source purchase to U.S. Filter/Envirex pursuant to Subsection 4.12.020 of the San José Municipal Code, was approved and its execution authorized. Vote 10-0-1-0. Absent: Campos.

 

2.7       Approval of the multifamily housing underwriting eligible list to be used for the selection of investment banking firms for the period April 14, 2003 to December 31, 2004, to provide investment banking, underwriting, and remarketing services related to the issuance of multifamily housing revenue bonds by the City of San José.  CEQA:  Not a Project.  (Finance/Housing)

 

            Documents Filed: Memorandum from Finance Director Scott P. Johnson and Housing Director Leslye Corsiglia, dated April 23, 2003, recommending approval of said multifamily housing underwriting eligible list.

 

            Discussion/Action: The multifamily housing underwriting eligible list used for the selection of investment banking firms providing investment banking, underwriting and remarketing services related to the issuance of multifamily housing revenue bonds by the City of San José, was approved Vote 10-0-1-0. Absent: Campos.

 

2.8       (a)        Approval of the extension of the funding term for six months, from June 30, 2003 to December 31, 2003, for the San José School Health Center Expansion

                        (EH003) - The Health Trust.

            (b)        Approval of the extension of the funding term for one year, from December 31, 2002 to December 31, 2003, for the San José Facility Expansion (SH003) - Easter Seals Bay Area.

            CEQA: Exempt, PP03-04-126.  Council District 8. SNI: KONA. (Parks, Recreation and Neighborhood Services)

 

            Documents Filed: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 25, 2003, recommending approval of said extension funding for the San José School Health Center Expansion; and for the San José Facility Expansion.

 

            Discussion/Action: The said extension funding term for the San José School Health Center expansion and the San José  Facility expansion projects was approved. Vote: 10-0-1-0. Absent: Campos.

 

2.9       Approval of a first amendment to the master agreement with Ahearn, Knox & Hyde, Inc. for structural engineering services for various projects, increasing compensation by $160,000, for a total contract amount of $250,000, and extending the contract term from July 1, 2003 to June 30, 2005.  CEQA:  Not a Project.  (Public Works)

 

            Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 23, 2003, recommending approval of a first amendment to said Master Agreement with Ahearn, Knox & Hyde, Inc.

 

            Discussion/Action: The first amendment to the said Master Agreement with Ahearn, Knox & Kyde, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Campos.

 

2.10     Approval of a contingency budget increase for the Tully Road Ball Field Development (Phase I) Project in the amount of $8,746, for a total contingency budget of $72,746, without any increase in the total project budget. CEQA: Mitigated Negative Declaration, PP02-04-080.  Council District 7. (Public Works)

 

            Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 23, 2003, recommending approval of said contingency budget increase for the Tully Road Ball Field Development (Phase I) Project.

 

            Discussion/Action: The contingency budget increase for the Tully Road Ball Field Development (Phase I) Project was approved. Vote 10-0-1-0. Absent: Campos.

 

2.11     Adoption of a resolution authorizing the City Manager to negotiate and execute a consultant agreement with DKS Associates for support services to implement the San José Light Rail Transit Signal Re-Timing Project for an amount not to exceed $250,000, from the period of execution through December 31, 2004. CEQA: Exempt, PP02-11-356. Council Districts 2 and 3. SNI: University, 13th Street, and St. James Square. (Transportation)

 

            Documents Filed: Memorandum from Transportation Director James R. Helmer, dated April 23, 2003, recommending adoption of said resolution authorizing the City Manager to negotiate and execute a consultant agreement with DKS Associates.

 

            Discussion/Action: Council Member Williams clarified District 2 should not be listed in the Staff report, and commented if Staff is going to set the signal timings how would estimates of time saving be confirmed. Director of Transportation Director James R. Helmer replied in accepting grant funds to do signal retiming for both vehicular traffic and light rail traffic, it is a condition that base measurements are performed of existing delays and compared with the signal timing effectiveness for a period of time afterward to monitor the performance. Upon motion by Council Member Williams, seconded by Council Member Reed, and unanimously carried, Staff recommendation to approve the light rail transit signal re-timing project was adopted, and Staff was directed to delete reference to District 2, and report back with process assuring the signal timing estimates are correct, and Resolution No. 71550, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Consultant Agreement with DKS Associates for Transportation Support Services to Implement Improvements for Light Rail Transit Operations in an Amount Not to Exceed $250,000”, was adopted. Vote: 10-0-1-0. Absent: Campos.

 

2.12     Approval of a cooperative agreement with the Santa Clara Valley Water District for the Willow Glen Way Bridge Replacement Project at the Guadalupe River, using Federal Highway Bridge Rehabilitation and Replacement grant funds in the amount of $1,500,000, and City Traffic Capital funds in the amount of  $142,000.  CEQA:  Negative Declaration, PP98-01-012.  Council District 6.  (Transportation)

 

            Documents Filed: Memorandum from Transportation Director James R. Helmer, dated April 25, 2003, recommending approval of said cooperative agreement with the Santa Clara Valley Water District.

 

            Discussion/Action: Council Member Yeager commended Staff for being strategic in applying for the Federal Highway Bridge Rehabilitation and Replacement Grant to pay for the Willow Glen bridge and asked if the Santa Clara Valley Water District is the lead on this project, how is the City going to work with its public outreach program to solicit neighborhood input on the design of the bridge, and what the traffic patterns are going to be once the bridge is torn down and before its replaced. Transportation Director James R. Helmer replied Department of Transportation Neighborhood Traffic Management Team along with Transportation Planning and Project Staff are all working cooperatively with the Water District in setting up the meetings to develop the necessary traffic control

 

            during various stages of construction and the traffic plans will provide ample opportunity for community input both on vehicular traffic patterns as well as any possible impacts on pedestrian or bicycle trails. Director Helmer stated due to the narrowness of the existing bridge and limited funds, the entire bridge will be removed and then begin the replacement project, thus requiring a traffic detour. Council Member Yeager asked if both the City and the Water district have equal responsibility as far as public outreach and suggested Staff make sure that the City stays involved in all those decisions as well as conducting the meetings. Marilyn Holmes spoke in support of the item. Upon motion by Council Member Yeager, seconded by Council Member LeZotte, and unanimously carried, and the cooperative agreement with the Santa Clara Valley Water District for the Willow Glen Way Bridge Replacement Project at the Guadalupe River was approved, with direction to Staff assuring the City stays involved with the Water District’s decision-making process and the neighborhood meetings. Vote: 10-0-1-0. Absent: Campos.

 

STRATEGIC SUPPORT SERVICES

 

3.2       Report of the Rules Committee - Meeting of April 30, 2003

            Vice Mayor Dando, Chair

 

            Documents Filed: The Rules Committee Report of April 30, 2003,

 

            (a)        Redevelopment Agency items reported out at Redevelopment Agency meeting

 

            (b)        City Council

                        (1)        Review May 13, 2003 Draft Agenda

 

                                    The Committee recommended approval of the May 13, 2003 City Council Agenda with one addition.

 

                        (2)        Add New Items to May 6, 2003 Amended Agenda

 

                                    The Committee recommended six additions to the May 6, 2003 City Council Agenda.

 

                        (3)        List of Reports Outstanding. Attachment: Report from City Manager dated April 29, 2003 listing four staff reports outstanding for the May 6, 2003 Council agenda.

 

                                    The Committee noted and filed the City Manager’s report listing four Staff reports outstanding for the May 6, 2003 Council Meeting.

 

            (c)        Legislative Update

                        (1)        State

                                    (a)        Accept State Legislative Bill Matrix and Bill Status Report. Attachment: Memorandum from Director of Intergovernmental Relations Betsy Shotwell dated April 25, 2003 recommending acceptance of the April 23 State Legislative Bill Matrix and accompanying bill status report.

 

                                                The Committee accepted the State Legislative Bill Matrix and Bill Status Report and directed Administration to return next week with a new format, which includes a first page “Urgent” bills.

 

                        (2)        Federal

 

                                    There was no report.

 

            (d)        Meeting Schedules - There were none.

 

            (e)        The Public Record. Attachment: Memorandum from City Clerk Patricia O’Hearn dated April 24, 2003 transmitting items received for the Public Record for the period April 16-22, 2003.

 

                        The Committee noted and filed the Public Record.

 

            (f)         Boards, Commissions and Committees - There were none.

 

            (g)        Council Referrals for Assignment to Administration or Council Appointee

 

                        There were none.

 

            (h)        Administrative Reviews and Approval - There were none.

 

            (i)         Oral communications

 

                        None were present.

 

            (j)         Adjournment

 

            The meeting adjourned at 2:25 p.m.

 

            Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Rules Committee Report and actions of April 30, 2003 were accepted. Vote: 10-0-1-0. Absent: Campos.

 

3.2       Report of the Rules Committee (Partial) - Meeting of May 7, 2003

            Vice Mayor Dando, Chair

 

            Documents Filed: The Rules Committee Report (Partial) of May 7, 2003.

 

            (c)        Legislative Update

                        (1)        State

                                    AB910 (Diaz) Relating to Hospital Community Responsibility. Attach-ment: Memorandum from Betsy Shotwell, Director of Intergovernmental Services, dated May 5, 2003 recommending Rules Committee support of Assembly Bill 920 (Diaz), a bill to create safeguards for communities by ensuring that critical information is available to the public when hospitals propose closure or major service changes.

 

                                                The Committee accepted the report on AB 910 (Diaz), recommended a “support” position on AB 910, and directed the Administration to add this bill to the State Legislative Bill Matrix.

 

                                    (b)        Voting Delegate for a Special Meeting of the League of California Cities General Assembly on May 15th  Attachment: Memorandum from Assistant City Manager Mark Linder dated May 6, 2003 recommending approval to designate Betsy Shotwell as the voting delegate at the May 15, 2003 Special Meeting of the General Assembly for the League of California Cities.

 

                                                The Committee recommended Betsy Shotwell, Director of Intergovernmental Services, as the voting delegate at the May 15, 2003 Special Meeting of the General Assembly for the League of Cities.

 

            Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Chavez and unanimously carried, the partial Rules Committee Report and actions of May 7, 2003 were accepted. Vote: 10-0-1-0. Absent: Campos.

 

3.4       Adoption of a resolution in support of Justice for Janitors. (Campos)

            (Rules Committee referral 5/7/03)

 

            Documents Filed: Memorandum from Council Member Campos, dated May 9, 2003, recommending adoption of said resolution in support of Justice for Janitors.

 

            Discussion/Action: Mayor Gonzales noted Council Member Campos’ absence due to illness recognized Council Member Chavez to speak on her behalf. He commented on the City’s recent announcement where eBay will be expanding and staying in San José and commended them for meeting with Justice for Janitors and their intention to pay for 95 percent of the full cost of health care insurance for their janitors who are employees of a third party contractor. Mayor Gonzales commented he hopes other high tech companies will follow eBay’s example in stepping forward in assuring those employees who are at the entry point of the work force the opportunity to health care for their children and their families.

 

            Council Member Chavez echoed the Mayor’s comments and noted Genetech, Inc. has also stepped forward with their willingness to be helpful in terms of resolving a master contract with their janitors. Council Member Chavez stated the resolution was crafted in collaboration with the Mayor’s office and stated her appreciation to both Council Member Campos and Mayor Gonzales for the leadership role they took in addressing this issue during these trying economic times, and especially based on janitor wages, the whole opportunity of their families being covered by health insurance benefits. Council Member Chavez moved approval of the memorandum from Council Member Campos dated May 9, 2003, recommending supporting “Justice for Janitors.” Council Member Gregory seconded the motion. Arely Santillana, John Avalos, Cecilia Fernandez, Maria Granados, spoke in support of resolution. Council Member Gregory also acknowledged Council Member Campos and the Mayor for providing leadership on this important issue and commented on the City’s message being sent to corporations, good corporate citizenship hitting to the core of what the City of San José stands for and what the City represents by making sure San José residents have the affordability of living in San José. Council Member Cortese acknowledged eBay and Genetech, Inc. for stepping forward in taking responsibility to help pay health insurance for janitors.

 

            Vice Mayor Dando stated she supports the resolution although with the challenges the City faces with difficult budget cuts ahead and decisions regarding contracts which the City may be recommending letting go, and there are many small businesses which cannot afford to pay health benefits for their janitors and commended those companies which have stepped forward. Council Member Williams commented on technology companies great success in this Valley and their responsibility to the community and to those individuals who give their time, energy, and their work and sacrifices to make these companies successful, and he encouraged those companies to deal equitably with everyone. On a call for the question, the motion carried, and Resolution No. 71551, entitled: “A Resolution of the Council of the City of San José in Support of justice for Janitors”, was adopted. Vote: 10-0-1-0. Absent: Campos.

 

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

 

4.2       Report of the Driving a Strong Economy Committee – April 28, 2003

            Council Member Williams, Chair

 

            Documents Filed: The Driving A Strong Economy Committee Report of April 28, 2003.

 

            (a)        Ordinance Amending Signage Regulations in Residential Areas. Attachment: Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated April 11, 2003, transmitting said report.

 

                        The Committee accepted the Staff report.

 

                        See item 4.4 for council action taken.

 

            (b)        Discussion on items PBCE is implementing in the Zucker Implementation Study. Attachment: Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, Fire Department Acting Chief Dale Foster, and Public Works Director Katy Allen, dated April 23, 2003, transmitting said report.

 

                        The Committee accepted the Staff report.

 

            (c)        Review and discussion of housing production in San José. Attachment: Memorandum from Planning, Building and Code Enforcement Director Stephen Haase and Housing Director Leslye Corsiglia, dated April 11, 2003, transmitting said report.

 

                        Deferred to June 23, 2003.

 

            (d)        Policy discussion on sale of food and alcohol at gas stations. Attachment: Memorandum from Vice Mayor Dando, Council Member LeZotte and Council Member Williams, dated April 28, 2003, recommending that Staff bring forward to the City Council a policy amending Title 20.80.550, to allow the City to issue a permit for both a gasoline service station and the incidental retail sale of food and grocery items in appropriate zones; Staff should also present options for limiting or prohibiting the sale of alcohol at gasoline service stations. (2) Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated April 11, 2003, transmitting said report.

 

                        The Committee accepted the Staff report.

 

                        See item 4.5 for council action taken.

 

            (e)        Convention Center Recovery Strategy. Attachment: Memorandum from Conventions, Arts and Entertainment Acting Director Jim McBride, dated April 11, 2003, transmitting said report.

 

                        Deferred to May 29, 2003.

 

            (f)         Oral petitions

 

                        Paul Stewart, Santa Clara County Association of Realtors

                        Matt Ravizoni, BP Oil Company

                        Tom Robinson, Robinson Oil Company

                        Jim Tucker, San José Silicon Valley Chamber of Commerce

                        Denelle Fedor, City of San José, District 10

 

            (g)        Adjournment

 

                        Meeting adjourned at 3:30 p.m.

 

            Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Cortese, and unanimously carried, the Driving a Strong Economy Committee Report and actions of April 28, 2003 were accepted, with 4.2(a) being heard under Item 4.4 and 4.2(d) being heard under Item 4.5. See Items 4.4 and 4.5 for separate Council action taken. Vote 10-0-1-0. Absent: Campos.

 

4.3       PUBLIC HEARING ON PETITION FOR FINAL CANCELLATION OF LAND CONSERVATION CONTRACT (Williamson Act), for property consisting of 3.5 acres located on the northeast corner of Fleming Avenue and Warner Drive and authorization for the City Clerk to execute a Certificate of Final Partial Cancellation and directing the City Clerk to record the certificate with the County Recorder.  (Rolando Loera, Owner).  CEQA:  Negative Declaration, PDC00-126.  (Planning, Building and Code Enforcement)

            Contract No. 71-234 - District 5

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to May 20, 2003.

 

4.4       Discussion of and approval of an ordinance amending Title 23, the Sign Code, of the San José Municipal Code as it pertains to signage on residential parcels in all residential, agriculture, and open space zoning districts.  CEQA:  Exempt, PP02-09-260.  (Planning, Building and Code Enforcement)

            [Driving a Strong Economy Committee referral 4/28/03 – Item 4.2(a)]

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to May 20, 2003.

 

4.5       Discussion on the concurrent sale of food and alcohol at gasoline service stations.  CEQA:  Not a Project.  (Planning, Building and Code Enforcement)

            [Driving a Strong Economy Committee referral 4/28/03 – Item 4.2(d)]

 

Documents Filed: (1) Memorandum from Vice Mayor Dando, Council Member LeZotte and Council Member Williams, dated May 13, 2003, recommending that Council direct the City Attorney to bring back to the Council within 30 days: (a) A list of proposed modifications to Title 20.80.550, which would remove the prohibition on the sale of food and grocery items at gasoline service stations; (b) Staff should provide the Council with detailed information regarding the City’s current ability to control or limit the sale of alcohol; (c) Staff should also provide the City Council with options for limiting or prohibiting the sale of alcohol at gasoline service stations, similar to those in other municipalities. (2) Memorandum from Assistant to the City Manager Deanna Santana, dated May 7, 2003, transmitting a copy of the Staff report dated April 11, 2003, by Planning, Building and Code Enforcement Director Stephen M. Haase presented to the Driving a Strong Economy Committee on April 28, 2003, and reporting that the Committee accepted the Staff report and referred the item to the full Council to seek direction on whether an amended ordinance should be prepared.

 

            Discussion/Action: Council Member LeZotte moved approval of her memorandum dated, May 13, 2003 co-signed by Vice Mayor Dando and Council Member Williams, pursuant to discussion at the April 28, 2003 Driving a Strong Economy Committee meeting. recommending Council direct the City Attorney to bring back to the Council within 30 days: (a) A list of proposed modifications to Title 20.80.550, which would remove the prohibition on the sale of food and grocery items at gasoline service stations; (b) Staff should provide the Council with detailed information regarding the City’s current ability to control or limit the sale of alcohol; (c) Staff should also provide the City Council with options for limiting or prohibiting the sale of alcohol at gasoline service stations, similar to those in other municipalities. Vice Mayor Dando seconded the motion.

 

Mayor Gonzales opened the public hearing and Jim Tucker representing the Silicon Valley Chamber of Commerce spoke in favor of the item. Council Member LeZotte commented on her memorandum, and stated particularly in these economic times we are all striving to make the City of San José the best City in America to do business and particularly in the Strong Neighborhood Initiative areas in District 1 and others where old and worn out blighted gas stations remain. She commented about previous conversations with the gas station owners in which they really had no incentive about upgrading their gas stations because of incredible competition from surrounding cities and also compared to gas stations in other districts which are permitted to have mini-marts or sell food and groceries. She stated this is an equity to business constituents not only in District 1 but across the City and thus work began on researching what the possibilities are and moving in that direction of having the ability to be competitive for constituents by amending the ordinance which would also increase competition and bringing more sales tax revenue to the City of San José and keeping some of the gas stations from closing and becoming blighted property.

 

Council Member LeZotte stated amending the policy slightly from the way it was presented in the Driving a Strong Economy Committee, originally asking for an ordinance to be brought forward but having discussions at the Committee level and with other colleagues rather than having an ordinance brought forward which does not address the issues that are of concern to other Council Members. Council Member LeZotte moved approval her memorandum, dated April 28, 2003, with the following modifications: Direct the City Attorney to provide a list of proposed modifications addressing the concerns in items 2 and 3 of her memorandum with the primary instance being to remove the prohibition on food and grocery items at gasoline stations. Vice Mayor Dando seconded the motion. Council Member LeZotte commented the sale of alcohol is an issue to some of her colleagues and noted there are policies in place which are working the way they are supposed to.

 

Vice Mayor Dando commented there being a number of aging stations throughout the City of San José which cannot compete with the more modern stations acting as a convenience not only for food but for groceries and she commented wanting to do everything possible in making sure that all businesses in San José have the competitive edge on competing with each other. She expressed concern about neighborhoods having an over concentration of establishments selling beer and alcohol, and she clarified in no way is this meant to and some how supercede the policies which are already in place. Vice Mayor Dando suggested Staff come back with a clear outline about the ways which the City is currently able to control the establishments of businesses selling alcohol and beer, how that works, and also the City’s relationship with the Alcoholic Beverage Control Board in making sure as new businesses move into the City there is a good relationship with them the policy of over concentration not being allowed is applied.

 

Council Member Chavez stated she does not agree the system is working especially in the downtown, and she recommended some additions to what has been put forward. Referencing the point of leveling the playing field, she stated Council needs to better understand what those challenges are because there are loop holes which limit one persons ability or one business’ ability and she suggested researching loopholes in the current policy that need addressing in addition to the sale of alcohol being put forward. Referencing Item 2 of Council Member LeZotte’ memorandum, Staff should provide the City Council with detailed information regarding the City’s current ability to control or limit the sale of alcohol, Council Member Chavez suggested Staff recommend actions to enhance the City’s current ability to regulate the sale of alcoholic beverages, provide input from the Police Department and their recommendation on the optimal terms and conditions on permitting the sale of alcoholic beverages at gasoline stations, and outreach to the SNI areas to be involved in discussions. Council Member LeZotte expressed her concern that the outreach to the SNI’s and lengthy meetings might preclude returning to Council in 30 days, but that there should be input from various constituencies, particularly the Police Department. Council Member Chavez suggested the Police should be involved now in terms of community outreach and is comfortable with the 30 days or when the report comes back for input and discussion. Council Member LeZotte agreed to the recommendations to the extent that SNI outreach would not slow down process.

 

City Attorney Richard Doyle asked for clarification on the motion. Council Member LeZotte stated #2 asks for information regarding the City’s ability to control or limit the sale of alcohol in general and #3 asks Staff to provide the City Council with options for limiting or prohibiting the sale of alcohol at gasoline service stations similar to those in other municipalities. Council Member Chavez the City’s relationship with the ABC is challenging and knowing the City cannot direct their operations, there should be discussion with the ABC about what kind of strategies need to be included to improve the relationship and their responsiveness to the City. Council Member Chavez stated it would be helpful to understand what level of government makes the decisions about the measurements, what is the current process, and the role the ABC plays in that based on the area of town they are in.

 

            Council Member Williams stated the Driving a Strong Economy Committee addressed this work item due to service station owners expressing concern about the iniquity and it is not only about the sale of alcohol, but about the sale food. He stated a service station adjacent to a super market which sells food cannot be competitive. Council Member Williams suggested the item go back to Committee to review outstanding issues, if it can come back to Council in 30 days. Mayor Gonzales recommended the work item not go back through Committee but come directly to Council stating he did not want anyone to feel they did not have an opportunity to address this issue through the process. Council Member Chirco commented while in Committee the statistics provided by Staff showing convenience markets and gas stations with mini-marts attached were not separate and she recommended when the report comes back, statistics on convenience stores and gasoline stations with mini-marts be prepared to reflect true instances of police reports.

 

            Council Member Cortese made a substitute motion for Council to direct the City Attorney to be clear in options and legalities available to Council to provide discretion to Council Districts on alcohol policy implementation, and review the pertinence of land use policies to alcohol control issues including CUP’s. Council Member LeZotte accepted adding those changes to the motion. Council Member Cortese commented one of the loopholes in the City’s land use process is looking at the current ordinance on a parcel by parcel basis which gives rise to contiguous adjacent parcels; one engaged in food sales, and one in gasoline sales, essentially mimicking what the Council is trying to defeat. He suggested reviewing the ordinance to see if regulations on the land use side could be applied or changed so that the Council has discretion over those situations. He stated he does not want to discourage any economic benefit that is going to motivate owner’s to renovate their stations, but there needs to more than discussion, and he suggested finding some way to link the land use process to the approval process.

 

            Council Member LeZotte echoed the same concern of Council Member Chirco over the statistics lumping mini-marts and gas stations with mini-marts stated that could turn the argument one way or another. She stated she has no problem with 7-Elevens and stand alone liquor stores than with gasoline stations, but that they may not be true in other Districts, and the distinction should be made. She suggested a clear distinction between what is being discussed and she commented having the ability to serve food and beverages at gas stations She explained in discussions with the industry some have made the point its about the sale of food and incidentals, not the sale of alcohol and beer, and some have even offered they night be willing to look at voluntary covenance.

 

            Mayor Gonzales commented he would have no objection reviewing the issue in view of the many concerns mentioned by colleagues, and it would be important for Council to better understand the current regulations. He expressed his concern regarding the concentration of alcohol sales, which is not something directly under the Council’s control the City usually is held responsible. He stated when community groups have problems with illegal alcohol sales in their neighborhood, they do not go to Alcoholic Beverage Control they come to the City and he is concerned about the City’s ability to impact the ABC, as well as the ability to track it. He inquired about what information system the City has in place for instance an actual map plotting out existing licenses, what oversight does the City have with the ABC’s actions once a permit is granted, can permit transfer to another business without advising Administration, and does the City have the same override authority in transferring a permit as it does in granting a permit. The Mayor cautioned being careful in a situation where people might take advantage of the situation by saying they will not survive economically without a certain permit. He stated he is very interested in pursuing this kind of information and having full discussion to make sure there is a competitive business climate in San José that businesses in San José are not at a disadvantage, but to also make sure we are not just being led down a primrose path in believing that this is going to be what saves existing gas stations or leads to the remolding of some poorly maintained ones.

 

            On a call for the question, the motion carried, the public hearing was closed, the Council approved the memorandum by Vice Mayor Dando and Council Members LeZotte, and Williams, dated May 13, 2003, with Staff directed to report back to Council on: (1) Outlining the City’s current ability to control the sale of alcoholic beverages, research loopholes in current policy that need addressing, and recommend actions to enhance the City’s current ability to regulate the sale of alcoholic beverages; (2) Review options and legalities of providing discretion to Council Districts on alcohol policy implementation, review the pertinence of land use policies to alcohol control issues, including CUPs and possible voluntary covenances, and provide information on the kinds of permits granted to gasoline stations; (3) Explain the current process for determining when an area is considered saturated in terms of establishments selling alcohol, what measurement is used and which government agency determines the measurement, (4) Explain the current role of the Alcoholic Beverage Control Bureau (ABC) what oversight ability the City has once licenses are granted and the process for transference on sale of businesses; provide background information on variances between how Council Districts relate to the ABC, and provide strategies to improve the City’s relationship with the ABC, (5) Include recommendations from the Police Department on permitting the sale of alcoholic beverages at gasoline stations, report back with Police statistics separated between convenience stores and gasoline stations with mini-marts, (6) Establish a mapping process to identify liquor license locations in the City, and review options for providing economic stimulus to gasoline stations apart from the sale of alcohol, was approved. Vote: 10-0-1-0. Absent: Campos.

 

RECREATION & CULTURAL SERVICES

 

5.2       Acceptance of the 2003 Public Art Workplan, First Quarter Report, and the Three-Year Plan for Conservation and Maintenance of the City’s Public Art Collection.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment).

 

            Documents Filed: Memorandum from Conventions, Arts and Entertainment Acting Director Jim McBride, dated April 23, 2003, recommending approval of the 2003 Public Art Workplan, First Quarter Report, and the Three-Year Plan for Conservation and Maintenance of the City’s Public Art Collection.

 

            Discussion/Action: Council Member LeZotte inquired if an amount is allocated and not spent, where does that money go. Public Art Program Director Harriet Trump replied every project has a budget assigned to it which is 2 percent of the capital, and within that budget, 15 percent is administration, which covers Staff, the artist selection, permitting, and community outreach, and of the remainder 15 percent goes to the artist for design fees and the balance is for fabrication and a contingency for unexpected site costs. Council Member LeZotte moved approval of the Staff recommendation to adopt the 2003 Public Art Workplan, First Quarter Report and Three-Year Plan for Conservation and Maintenance of the City’s Public Art Collection. The motion seconded by Council Member Chavez.

 

            Council Member Williams complimented Staff and expressed his appreciation for all the work and effort in putting this together. Council Member Chavez asked for an update of the Paseo Plaza Condominium project. Director Trump replied Staff has been working with the City Attorney and the Redevelopment Agency’s Attorney to obtain approval from the Home Owner’s Association and the developer to have a right of way for an easement. City Attorney Doyle stated the Attorney for the Home Owner’s Association has signed off as to form and agreements, but there is an outstanding issue regarding ownership of the inlets, where the public art is suppose to go, and Staff is clarifying procedural matters that need to be settled before a final agreement is signed. On a call for the question, the motion carried, and Council approved the Staff recommendation accepting the 2003 Public Art Workplan, First Quarter Report and Three-Year Plan for Conservation and Maintenance of the City’s Public Art Collection was approved, with direction to Staff to report back on status of the agreement for the Paseo Plaza Condominium project. Vote: 10-0-1-0. Absent: Campos.

 

5.3       Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with STUDIOS Architecture for consultant services including project design, preparation of construction documents, and construction administration services for the Evergreen Branch Library Project, for an agreement term from June 1, 2003 to September, 2006, in the amount of $810,000.  CEQA:  Exempt, PP03-04-132.  Council District 8.  (Public Works)

 

            Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 23, 2003, recommending approval of said agreement with STUDIOS Architecture for consulting services of the Evergreen Branch Library Project.

 

            Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Chavez, and unanimously carried, Resolution No. 71552, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Studios Architecture for Consultant Services for the Evergreen Branch Library Project”, was adopted. Vote: 10-0-1-0. Absent: Campos.

 

5.4       (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with AEDIS Architecture and Planning of San José for consultant services including project design, preparation of construction documents, and construction administration services for the Hillview Branch Library Project and the relocated running track, for an agreement term from June 1, 2003 to January 31, 2007, in the amount of $798,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Library Bond Projects Fund:

                        (1)        Increase the Hillview Branch Library Project by $1,008,000.

                        (2)        Decrease the Ending Fund Balance by $1,008,000.

            CEQA: Exempt, PP03-04-133. Council District 5. SNI: East Valley/680 Communities. (Public Works/City Manager's Office)

 

            Documents Filed: Memorandum from Director of Public Works Katy Allen and Budget Director Larry D. Lisenbee, dated April 23, 2003, recommending approval of resolution authorizing City Manager to negotiate and execute said agreement, and adoption of said appropriation ordinance amendments in the Library Bond Projects Fund.

 

            Discussion/Action: Council Member Chavez speaking on behalf of Council Member Campos who was absent due to illness, mentioned this library construction project will nearly triple the size of the current library, serve over 55,000 people a year, and provide separate service areas for children, young teens, and adults. It will be available for students and classrooms during the day, and will also have a technology lab, group study rooms, a community meeting room and an internet café. She stated the construction is scheduled to begin in Spring 2005, but the design process has been accelerated several months in order to qualify for potential reimbursement which is why this is coming forward now to possibly receive some State funding. Upon motion by Council Member Chavez, seconded by Council Member Cortese, and unanimously carried, Resolution No. 71553, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with AEDIS Architecture and Planning for Consultant Services for the Hillview Branch Library Project”, and Ordinance No. 26891, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Library Bond Projects Fund for the Hillview Branch Library Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 10-0-1-0. Absent: Campos.

 

5.5       Report on bids and award of contract for the Le Fevre Residence and Barn Rehabilitation Project to the low bidder, Tinney Construction Corporation, to include the base bid and Add Alternates Nos. 1, 3, 4, 5, and 6 in the amount of $1,020,880, and approval of a contingency in the amount of $153,132. CEQA: Exempt, PP02-04-091. Council District 5. (Public Works)

            (Rules Committee referral 5/7/03)

 

            Documents Filed: Memorandum from Director of Public Works Katy Allen, dated May 6, 2003, recommending award of said contract, with related contingency, to the low bidder, Tinney Construction Corporation.

 

            Discussion/Action: Council Member Yeager on behalf of Council Member Campos conveyed her support of this item and hopes her colleagues will support and approve this project. Upon motion by Council Member Yeager, seconded by Council Member Cortese, and unanimously carried, the award of said contract, with related contingency, to the low bidder, Tinney Construction Corporation, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Campos.

 

ENVIRONMENTAL & UTILITY SERVICES

 

7.1       Acceptance of a presentation from the U.S. Fish and Wildlife Service on the status of the State and Federal Acquisition and Restoration Process in the South Bay. CEQA: Not a Project. Council District 4. (Environmental Services)

 

            Documents Filed: Memorandum from Environmental Services Director Carl W. Mosher, dated April 23, 2003, to receive verbal presentation from U.S. Fish and Wildlife Service.

 

            Discussion/Action: Environmental Services Director Carl W. Mosher introduced Clyde Morris, Refuge Manager at the Don Edwards San Francisco Bay National Wildlife Refuge on the status of the State and Federal salt pond acquisition, the interim pond management plan, and future planning related to restoration. Presenting with slide presentation Refuge Manager Clyde Morris described the project as the largest wetland restoration project west of the Mississippi and he asked for the City’s participation in the planning for this restoration project as well as San José  citizens making this the best possible restoration project. He stated heading up this restoration project are the U.S. Fish, and Wildlife Service, the Coastal Conservancy, and the California Department of Fish and Game. He explained if nothing is done to stop the production of salt, the water would continue to move through the pond system. He explained the long-term restoration plan during this 5-year plan and process, is to prepare a plan to prepare a scientifically sound and publically supportable restoration and public access plan that could be implemented after a 5-year planning process is done. He commented there are many stakeholders and, non-profit organizations including the Santa Clara Valley Water District, and Audubon Society, and three public meetings have already been held. Upon motion by Council Member Reed, seconded by Council Member Cortese, and unanimously carried, Council accepted the presentation from the U.S. Fish and Wildlife Service on the status of the State and Federal Acquisition and Restoration Process in the South Bay.

 

7.2       Report on bids and award of contract for the Trimble-Morrill Sanitary Sewer Rehabilitation Phase II Project to the low bidder, Gelco Services, Inc. in the amount of $845,760, and approval of a contingency in the amount of $85,000. CEQA: Exempt, PP02-11-345. Council District 4.  (Public Works)

 

            Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 23, 2003, recommending award of said contract, with related contingency, to the low bidder, Gelco Services, Inc.

 

            Discussion/Action: Upon motion by Council Member Reed, seconded by Vice Mayor Dando, and unanimously carried, the award of said contract, with related contingency, to the low bidder, Gelco Services, Inc., for the Trimble-Morrill Sanitary Sewer Rehabilitation Phase II Project was approved and its execution authorized. Vote: 10-0-1-0. Absent: Campos.

 

7.3       Acceptance of the report on the status of the development of a Request for Proposal (RFP) for a Utility Billing System that integrates Customer Service and Hauler Contract Management for Recycle Plus and the Municipal Water System. CEQA: Not a Project. (Environmental Services/Finance/Information Technology)

            (Deferred from 5/6/03 – Item 7.1)

 

            Documents Filed: (1) Memorandum from Council Member Chavez, dated May 12, 2003, recommending Council accept Staff report with the following additional direction on the development of a Request for Proposal (RFP) for a Utility Billing System (UBS) that integrates Customer Service and Hauler Contract Management: [1] Incorporate a billing system that allows customers to add additional funding towards the Healthy Neighborhoods Venture Fund (HNVF) or other appropriate entity. [2] Provide customers with an opportunity to select the HNVF category of their choice. [3] Include three funding options for customers to choose from; [a] Round-up their bills to the next highest dollar, with the additional cents going to HVNF, [b] Contribute a monthly amount to HNVF, [c] Make a one-time contribution to HNVF. (2) Memorandum from Environmental Services Director Carl W. Mosher, Chief Information Office Wandzia Grycz, and Finance Director Johnson, dated April 28, 2003, transmitting said report and recommending acceptance of the report.

 

            Discussion/Action: Council Member Chavez stated she was not making a motion at this time, but wanted to briefly comment about her memorandum and what was being put forward and then allow for discussion. She explained in the packet is a memorandum from her requesting that as part of the utility billing system that we look at an ability to incorporate an opportunity for people who would like to make a donation to the Healthy Neighborhoods Venture Fund (HNVF) to be able to do that by category, and the possibility of incorporating that into whatever system will replace the current system. Director of Finance Scott Johnson Staff will work out the specifics as to how this would be implemented technically and also making sure when customers pay in excess of what their bill is, they conscientiously make that decision to make that contribution and Staff can work on a mechanism to facilitate that.

 

            Vice Mayor Dando inquired what the cost of administering such a system would be as well the marketing plan, in that it would be important to educate the public. Council Member Chavez suggested taking this to the Healthy Neighborhoods Venture Fund (HNVF) for discussion about whether it’s all going to the General Fund and if so, inform the public. Vice Mayor Dando clarified she is not proposing that HNVF funds go the General Fund, she is battling to keep it separate, and her question is if rounding up a few cents with a check, what would determine the portions to the HNVF fund, non-profits or the General Fund. She stated she would not want such a program administered out of the HNVF.

 

            Council Member Cortese stated he recommends the motion include making sure as part of that analysis the cost implications, a detailed financial model to include start-up and on-going costs, the funding sources for the program, and before Council approves this system, he would like seeing an accounting of funds already spent on Utility Billing System (UBS) efforts and to have that information available when Council considers the full analysis of funding and cost implications. Council Member Cortese the final draft RFP be included on the Consent Agenda of May 27, 2003, and he commented it was on his motion several weeks ago that Council asked the RFP be brought forward on May 6, 2003.

 

            On motion by Council Member Chavez, seconded by Council Member Reed, and the Staff report was approved, and memorandum from Council Member Chavez, dated May 12, 2003, recommending in the development of a Request for Proposal (RFP) for a Utility Billing System (UBS) that integrates Customer Service and Hauler Contract Management: [1] Incorporate a billing system that allows customers to add additional funding towards the Healthy Neighborhoods Venture Fund (HNVF) or other appropriate entity. [2] Provide customers with an opportunity to select the HNVF category of their choice. [3] Include three funding options for customers to choose from; [a] Round-up their bills to the next highest dollar, with the additional cents going to HVNF, [b] Contribute a monthly amount to HNVF, [c] Make a one-time contribution to HNVF, with Staff additionally directed to review the projected costs of administering and marketing a program allowing customers to donate to the HNVF in their utility bills, with a detailed financial model including startup and on-going costs for the program, with funding sources broken down proportionally, and develop performance measures for the proposed UBS system, report to Council with the draft RFP on the Consent Calendar of the May 27, 2003 agenda. Vote: 11-0-0-0.

 

The Redevelopment Agency Board convened at 3:35 p.m. to consider item 10.1 heard together with Item 2.13 in a joint session with the City Council.

 

2.13 Heard with Item 10.1.

 

2.13     Approval of the amended and restated Banquet Facility Agreement with the Rotary Club of San José for use of the banquet facility at the parking garage located at 44 South Fourth Street for no more than 50 Wednesdays and four optional events each year for 35 years. CEQA: Exempt, PP03-04-129. Council District 3. SNI: University. (Conventions, Arts and Entertainment)

            (Deferred from 5/6/03 – Item 2.5)

 

            Documents Filed: Memorandum from Conventions, Arts and Entertainment Acting Director Jim McBride, dated May 9, 2003, recommending approval of said amended and restated Banquet Facility Agreement with the Rotary Club of San José for use of the Fourth Street Garage Banquet Facility.

 

10.1     Approval of an Amended and Restated Agreement to Contribute Funds by and among the Redevelopment Agency of the City of San José, the Rotary Club of San José and the San José Rotary Club Endowment to modify the Endowment’s contribution to the Redevelopment Agency, to specify certain naming rights regarding the 4th and San Fernando Garage and to add the City of San José as a party.  (City Attorney’s Office)

            (Orders of the Day)

 

            Documents Filed: Memorandum from Mayor Gonzales, dated May 12, 2003, recommending City Council and Redevelopment Agency Board approve the following revisions to the contribution agreement with the Rotary Club of San José regarding the banquet facility at the new 4th Street Garage: (1) Reduce Rotary’s contribution to the Agency by $500,000; (2) Create a $500,000 Rotary endowment obligation to disburse funds over a number of years to community organizations or projects serving Redevelopment Project areas; (3) Agree that “Rotary” will not be in the facility name unless or until the City Council attempts to name the facility after an individual or organization, at which time Rotary will be able to secure the Rotary name with a $1000 contribution; (4) Locate two Rotary emblems on the exterior of the facility subject to City approval and any sign code ordinance amendments that may be necessary.

 

            Discussion/Action: Mayor Gonzales opened the pubic hearing and President of the San José Rotary Club Carl Cilker and Ronald P. Sekkel representing Rotary District 5170 spoke in support of the item. Mayor Gonzales congratulated the San José Rotary Club for their decades of service in the community and stated he is pleased to see them return to downtown to such a great facility. Council Member Chavez moved approval of Mayor Gonzales’ memorandum dated May 12, 2003 recommending Council and Redevelopment Agency Board approval of the following revisions to the said contribution agreement with the Rotary Club of San José regarding the banquet facility at the new 4th Street Garage, and memorandum from Conventions, Arts and Entertainment Acting Director Jim McBride, dated May 9, 2003, recommending approval of the amended and restated Banquet Facility Agreement with the Rotary Club of San José for use of the Fourth Street Garage Banquet Facility. Council Member Reed seconded the motion. Council Member Chavez commented sharing the excitement with many people about having the San José

 

            Rotary Club actually meeting in the downtown. Council Member Reed, a member of the Rotary Club thanked the many people who finally built the building let alone a banquet center, the Redevelopment Staff, the Rotary Club, Convention, and Visitor’s Staff, and Conventions, Arts, and Entertainment Acting Director Jim McBride who has been on this project since the beginning of this project.

 

            In response to Council Member LeZotte Mayor Gonzales stated Staff will provide to Council information on facilitating how the funds will be disbursed. Council Member Cortese, a long-time member of the San José  East Evergreen Rotary Club, also congratulated the downtown club. On a call for the question, the public hearing was closed, and the motion carried unanimously, and the amended and restated banquet facility agreement with the Rotary Club of San José for use of the Fourth Street Garage Banquet Facility was approved and its execution authorized, with direction to Staff to provide who will be maintaining the Rotary Endowment Fund. Vote: 10-0-1-0. Absent: Campos.

 

The Redevelopment Agency Board portion of the meeting adjourned at 3:44 p.m.

 

 

Notice of City Engineer’s Pending Decision on Final Maps

 

            In accordance with Sec. 19.16.140d of the San José  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

9446

W/s of Keyes St. 155 feet N’ly Keyes St.

7

Fairfield Residential LLC

176

Multi-Family

 

            In accordance with Sec. 19.16.140d of the San José  Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

 

OPEN FORUM

 

Danny Garza spoke regarding a societal issue or the Plata Arroyo area. Jim Cuneen from the Chamber of Commerce spoke about forming a high level Blue Ribbon Task Force to consider how to make San José the best City in America to do business.

 

Adjournment

 

The Council of the City of San José adjourned at 3:45 p.m.

 

 

RON GONZALES, MAYOR

 

 

ATTEST:

 

 

PATRICIA L. O’HEARN

CITY CLERK