MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
FEBRUARY 13, 2001
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, Cortese, Dando, Diquisto,
LeZotte, Reed, Shirakawa, Jr.,
Williams, Yeager; Gonzales.
Absent: Council Members - None.
Vacant: District 5.
Upon
motion unanimously adopted, Council recessed at 9:32 a.m.
to a Closed Session in Room 600 to confer with Legal Counsel pursuant to
Government Code Section 54956.9; under Subsection (a) to discuss existing
litigation in the cases of (1) Altamirano, et al. v. City of San José, et
al.; (2) Goodman, et al. v. City of San José, et al.; (3) Hi-Voltage Wire Works
v. City of San José, et al.; (4) City of San José v. Morgan Hill Unified School
District, et al.; to discuss anticipated
litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation.
By
unanimous consent, Council reconvened from the Closed Session and recessed at 10:57 a.m.
and reconvened at 1:35 p.m.
in the Council Chambers.
Present: Council Members - Chavez, Cortese, Dando, Diquisto,
LeZotte, Reed, Shirakawa, Jr.,
Williams, Yeager; Gonzales.
Absent: Council Members - None.
Vacant: District 5.
Invocation
The following students from Valley
Christian School, accompanied Superintendent Dr. Clifford Daughtery, delivered
the Invocation: Students Katie Andrist
(Junior), Robbyn Banks (Senior), Raymond Menchaca (Junior), Courtney Patrick
(Junior), Annalise Tablak (Sophomore), and Daniel Winger (Junior). (District 2)
Pledge of Allegiance
Mayor
Gonzales led the Pledge of Allegiance.
Orders of the Day
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0-1. Absent: Dando. Vacant: District 5.
1.1 Presentation of a commendation to Jim Reber, Executive Director, Greater San José Inner Games, for providing exceptional leadership to the program. (Shirakawa, Jr.)
(Deferred from 1/30/01 – Item 1.2)
Documents filed: None.
Discussion/Action: Mayor
Gonzales was joined at the podium by Vice Mayor Shirakawa, Jr., and by Dean
Munro, representing the Inner City Board of Directors for presentation of a
commendation to Jim Reber, former Executive Director for his exceptional
leadership of the Greater San José Inner City Games.
Upon motion by Vice Mayor Shirakawa,
Jr., seconded by Council Member Williams, and unanimously carried, the Consent
Calendar was approved and the below listed items taken as indicated. Vote:
10-0-0-0-1. Vacant: District 5.
2.1 Approval of minutes for:
(a) Regular Meeting of October 24, 2000
Documents
filed: Minutes of October 24, 2000.
Discussion/Action:
Minutes approved. Vote: 10-0-0-0-1. Vacant: District 5.
(b) Joint City Council/Redevelopment Agency Meeting of October 24, 2000
Documents
filed: Minutes of October 24, 2000.
Discussion/Action:
Minutes approved. Vote: 10-0-0-0-1. Vacant: District 5.
(c) Regular Meeting of October 31, 2000
Documents
filed: Minutes of October 31, 2000.
Discussion/Action:
Minutes approved. Vote: 10-0-0-0-1. Vacant: District 5.
(d) Joint City Council/Redevelopment Agency Meeting of October 31, 2000
Documents
filed: Minutes of October 31, 2000.
Discussion/Action:
Minutes approved. Vote: 10-0-0-0-1. Vacant: District 5.
(e) Regular Meeting of November 7, 2000
Documents
filed: Minutes of November 7, 2000.
Discussion/Action:
Minutes approved. Vote: 10-0-0-0-1. Vacant: District 5.
2.2 Approval of a first amendment to the agreement with Conservation Retrofitter, Inc., DBA California Water Conservation Company (CWCC), to eliminate the tenant waiver requirement for participating small multi-family dwelling (SmMFD) complexes and reduce the price for ultra-low flush toilet (ULFT) models installed under the SmMFD portion of the agreement, to modify the performance schedule and sub-program goals, and to add the Niagara Sure-Flush model to the list of approved ULFT models for this program. (Environmental Services)
Documents filed: (1)
Memorandum from Carl Mosher, Director of Environmental Services, dated January
24, 2001, recommending approval of a first amendment to said agreement with
Conservation Retrofitter, Inc. (2) Letter from Treatment Plant Advisory
Committee dated January 12, 2001, stating concurrence with the Staff
recommendation.
Discussion/Action: The
amendment to said agreement with Conservation Retrofitter, Inc. was approved
and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #28, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents filed: Memorandum
from Director of General Services, Steve S. Yoshino, dated January 24, 2001,
recommending approval of said open purchase orders.
Discussion/Action: The award
of open purchase orders List No. 28 was approved and the Director of General
Services authorized to execute the purchase orders. Vote: 10-0-0-0-1. Vacant:
District 5.
2.4 Approval of an option to purchase one (1) crew cab & chassis with leaf body from Melrose Ford at the same bid price, at a total cost of $43,122.01, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents filed: Memorandum
from Director of General Services, Steve S. Yoshino, dated January 24, 2001,
recommending approval of said purchase option and the Director of General
Services was authorized to execute the purchase order.
Discussion/Action: The option
to purchase said crew cab and chassis was approved and the authorization for
the Director of General Services to execute the purchase order. Vote:
10-0-0-0-1. Vacant: District 5.
2.5 Report on bids and award the purchase of defibrillation equipment and supplies to the second lowest bidder, Agilent Technologies Inc., for a total cost of $89,970.76 including tax, and authorization for the Director of General Services to execute the purchase order for:
(a) The
immediate purchase of twenty-three (23) Heartstream defibrillators and
associated supplies for the defibrillator program; and
(b) Subsequent
purchase of defibrillators and supplies at the same bid price for one year,
without further Council action other than the appropriation of the necessary
funds.
(General Services)
Documents filed: Memoranda
from Director of General Services, Steve S. Yoshino, dated January 24, 2001 and
from Fire Chief Manuel Alarcon dated February 1, 2001, recommending award of
said purchase to the second lowest bidder, Agilent Technologies Inc., and
authorization for the Director of General Services to execute the purchase
order.
Discussion/Action: Council
Member Dando inquired about putting defibrillators in the airport and the
arena. Fire Chief Alarcon stated the defibrillation equipment is for a pilot
program which will be evaluated for effectiveness and for the best way to
provide training. He stated the program will not include private facilities and
as such, the San José Arena was not included at this time. He stated the San
José International Airport has a defibrillator program already in existence
which Staff will incorporate into the new program. Council Member Diquisto stated
there is a fire inspector present at most large functions who has emergency
medical technician training (EMT); however, he suggested Staff review the
potential for installing a defibrillator at the San José Arena. Vote: 10-0-0-0-1. Vacant: District 5.
2.6 Approval of an agreement with Laura Barbee dba Performing Arts to provide music and movement classes for the period January 1, 2001 to December 31, 2001, in an amount not to exceed $60,000. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum
from Director of Parks, Recreation and Neighborhood Services, Mark Linder,
dated January 24, 2001, recommending approval of an agreement with Laura Barbee
dba Performing Arts.
Discussion/Action: The
agreement with Laura Barbee dba Performing Arts was approved and its execution
authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.7 Approval of an agreement with East Side Union High School District to fund installation of an all-weather running track at Overfelt High School in the amount of $400,000, in exchange for city access to the improvements. CEQA: Exempt. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum
from Director of Parks, Recreation and Neighborhood Services, Mark Linder,
dated January 24, 2001, recommending approval of said agreement with East Side
Union High School District.
Discussion/Action: Mayor
Gonzales noted that Overfelt High School is in Council District 8. The
agreement with East Side Union High School District for said project at
Overfelt High School was approved and its execution authorized. Vote:
10-0-0-0-1. Vacant: District 5.
2.8 Report on bids and award of contract for the Murdock Park Restrooms Project to the low bidder, Restrooms Facilities Corporation, Inc., in the amount of $129,642, and approval of a contingency in the amount of $16,000. CEQA: Exempt. (Public Works)
Documents filed: Memorandum
from Acting Director of Public Works, Rajeev Batra, dated January 24, 2001,
recommending award of said contract for the Murdock Park Restrooms Project to
the low bidder, Restrooms Facilities Corporation, Inc.
Discussion/Action: The award
of said contract to the low bidder, Restrooms Facilities Corporation, Inc., was
approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.9 Approval of a Subordination, Attornment and Non-disturbance Agreement with Affinity Bank covering the City's leasehold interests in property located at 1302 North Fourth Street, owned by Smith Family Trust. (Public Works)
Documents filed: Memorandum
from Acting Director of Public Works, Rajeev Batra, dated January 24, 2001,
recommending approval of said Subordination, Attornment and Non-Disturbance
Agreement with Affinity Bank.
Discussion/Action: The
Subordination, Attornment and Non-disturbance Agreement with Affinity Bank was
approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.10 Adoption of a resolution accepting a grant award from Intel Corporation for the Mayor’s Excellence in Education award program in the amount of $50,000. (City Manager's Office)
(Rules Committee referral 2/7/01)
Documents filed: None.
Discussion/Action: This item
was deferred to February 20, 2001.
2.11 Final adoption of Ordinance 26196 – Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.
[Deferred from 9/19/00 – Item 6b(4) et al., and 2/6/01 – Item 2.6]
Documents filed: None.
Discussion/Action: This item was
deferred to February 27, 2001, to be heard with Item 10.1(a).
2.12 Final adoption of Ordinance 26197 – Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment Project Areas and making certain findings.
[Deferred from 9/19/00 – Item 6b(5) et al., and 2/6/01 – Item 2.7]
Documents filed: None.
Discussion/Action: This item
was deferred to February 27, 2001, to be heard with Item 10.1(b).
END OF CONSENT CALENDAR
Vice Mayor Shirakawa, Jr., Chair
Documents filed: Rules
Committee report of January 31, 2001.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
(b) City Council
(1) Review February 13, 2001 Draft Agenda
The Committee approved
the February 13, 2001 City Council agenda.
(2) Add New Items to February 6, 2001
Amended Agenda
The
Committee recommended two items be added to the February 6, 2001 Amended Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
None
presented.
(b) Economic Development and Environment
Committee
The
Committee added two items to the February 5, 2001 Economic Development and Environment Committee agenda.
(c) Education, Neighborhoods, Youth, and
Seniors Committee
None
presented.
(d) Ad Hoc Traffic Calming Advisory
Committee
The
Committee approved the Draft Agenda for the February 8, 2001 meeting.
(d) Meeting Schedules. Attachment:
Memorandum from Council Member Dando, Chair, Finance & Infrastructure
Committee, scheduling committee meetings.
The
Committee noted and filed the informational memorandum from Council Member
Dando scheduling Finance & Infrastructure Committee meetings for 2:30 P.M.
on the 2nd and 4th Wednesdays of each month, or
immediately following the Rules Committee meeting.
(e) The Public Record. Attachment: (1)
Memorandum from Assistant City Clerk Nancy Alford, dated January 25, 2001, listing
the items transmitted to the Administration and those items filed for the
Public Record for the period January 17-23, 2001.
The
Committee noted and filed the Public Record for the period January 17-23, 2001.
(f) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee
There
were none.
(g) Oral communications
None
were presented.
(h) Adjournment
The
meeting was adjourned at 2:20 P.M.
Discussion/Action: Upon motion
by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously
carried, the Rules Committee report and actions of January 31, 2001, were
accepted. Vote: 10-0-0-0-1. Vacant: District 5.
Items 3.4 and 3.5 were considered together.
3.4 (a) Approval
of the 2000-2001 Mid-Year Operating and Capital Budget Review.
(b) Adoption
of related appropriation ordinance and funding sources resolution amendments
for the 2000-2001 Mid-Year Operating and Capital Budget Review.
(c) Adoption
of related resolution making certain determinations regarding the
expenditure of Redevelopment Agency funds
on certain public improvements.
(City Manager’s Office)
3.5 Approval of the 2002-2006 Five-Year Economic Forecast and Revenue Projections. (City Manager’s Office)
Documents filed: (1)
Memorandum from Mayor Ron Gonzales, dated February 11, 2001, recommending
Council approved the proposed Midyear Budget actions related to the 2000-2001
Mid-Year Operating and Capital Budget Review, adopt appropriation ordinance and
amendments to the funding sources resolution for the 2000-2001 Mid-Year
Operating and Capital Budget Review and resolution making certain
determinations regarding the expenditure of Redevelopment Agency funds on
certain public improvements, and accept the Administration’s Five-Year
Forecast. (2) Memorandum from City Manager Del D. Borgsdorf, dated January 31,
2001, transmitting the FY 2000-2001 Mid-Year Budget Review. (3) Memorandum from
Budget Director Larry D. Lisenbee, dated February 2, 2001, transmitting the FY
2002-2006 Economic Forecast and Revenue Projections. (4) Hard copies of slide
presentations made by City Administration.
Discussion/Action: The City
Administration’s report on the 2000-2001 Mid-Year Operating and Capital Budget
Review and the 2002-2006 Five-year Economic Forecast and Revenue Projections
for the General Fund and the Capital Improvement Program was presented by
Budget Director Larry D. Lisenbee, with Principal Budget Analyst Richard J.
Desmond presenting the 2000-2001 Mid-Year and 2002-2006 Five-Year Capital
Budget Review. Mayor Gonzales thanked the Budget Director for his work with the
City Manager’s and Mayor’s Offices and stated the reports reflect a healthy
City treasury which he attributed to the disciplined way the City Council has
carried out the fiscal policies that have been adopted. He stated although
projections show a healthy growth pattern, Council should remember the
difficulties encountered by the City in the 1990s when revenues failed to keep
pace with demands for increased services, that his recommendations and those of
the Administration recognize the current prosperity as an opportunity to put
away reserves for unexpected events, such as increased energy costs or a
downturn in the economy, and exercising discipline now will continue to ensure
the ability to deliver the level of services that have been promised to the
residents of the City of San José. Council Member Reed requested Staff review
needs for street maintenance in Alviso for inclusion in the list of proposed
projects. Council Member Yeager requested Staff provide a list of proposed
street repair and/or maintenance over the next eighteen months. Vice Mayor
Shirakawa, Jr. reminded Council that the projects targeted for repairs are
needs that have been waiting a long time to be dealt with and suggested
allowing the backlog to be cleared so more recent needs can be addressed.
Council Member Williams stated a section of median on Santa Teresa Boulevard
has never been landscaped and requested funding for landscaping between Blossom
Hill, Snell and Cottle Roads. Council Member Chavez requested information on
how the City’s utility tax impacts rate payers be provided at the Council’s
March 2, 2001 Study Session on Regional Energy Needs, and requested an explanation
of the priorities established for the list of proposed street maintenance
projects and what are the goals for the targeted areas. Council Member Dando
commented on the issues of insuring adequate staffing for construction of
Measure O and Measure P projects and stressed the need to project funding for
facility operation and maintenance. She requested the median landscaping work
requested by Council Member Williams on Santa Teresa Boulevard begin at
Steinbeck. Responding to questions from Council Member Chavez about timeframes
for projects from conception to completion, City Manager Borgsdorf stated
various issues impact timelines and suggested a Council Study Session to review
capital improvement projects. Council Member Chavez stressed the importance of
finalizing the Fire Department Master Plan to improve the process of
interaction with the Fire Department to facilitate a more in-depth approach to
managing public safety issues. Council Member Dando raised the issue of
training police and fire personnel and having them leave for other employment
opportunities and suggested Staff look at some form of longevity enticements
the City could provide. She requested Staff add the proposed street lights and
traffic signals to the 18 month project list. Council Member Diquisto commented
on the need to ensure all elements of the Fire Department Master Plan are in
place for its completion and stressed the need to more quickly complete the
evaluation of the thermal heat units which are being tested and make recommendations
for adding sufficient units for each fire truck. Ross Signorino spoke on energy
costs. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member
Chavez, and unanimously carried, Council approved recommendations in the
memorandum by Mayor Gonzales dated February 11, 2001, for approval of the
proposed 2000-2001 Mid-Year Budget actions related to the 2000-2001 Mid-Year
Operating and Capital Budget Review and the Administration’s Five-Year
Forecast; Ordinance No. 26297, entitled: “An Ordinance of the City of San
José Amending Ordinance No. 26141 to Appropriate Moneys in Various Operating
and Capital Funds Based on the Mid-Year Budget Review; and Providing That This
Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution
No. 70157, entitled, “A Resolution of the City of San José Amending Resolution
No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year
2000-2001 to Adjust Revenues in Various Operating and Capital Funds Based on
the Mid-Year Budget Review”; and.
Resolution No. 70158, entitled: “A Resolution of the Council of the City of San
José Making Certain Determinations Regarding the Expenditure of Redevelopment
Agency Funds for the Center for the Performing Arts Design and Construction
Project in the Park Center Redevelopment Project Area”, were adopted, and the
Administration was directed to report back to Council on the following issues
relative to the 2000-2001 Mid-Year Operating and Capital Budgets and the
2002-2006 Five-Year Economic Forecast and Revenue Projections: (a) A list of
projects proposed over the next 18 months for street repair/maintenance work
and proposed street lights and traffic lights, identifying State-mandated
street maintenance funds, inclusion of median landscaping on Santa Teresa
Boulevard; segregating costs anticipated for Measure O and Measure P projects,
and providing the priority and goal mechanisms used to quantify improvements in
targeted areas; (b) the Fire Department Master Plan, with commensurate staffing
and longevity enticement recommendations for both fire and police personnel,
and recommendations for additional thermal heat sensor units; (c) consideration
of scheduling a Study Session on Capital Projects costs and timelines; and (d)
report at the March 2, 2001 study session on the “Region’s Energy Needs” on the
impact of the City’s utility tax on ratepayers and on savings generated through
the City’s energy conservation efforts. Vote: 10-0-0-0-1. Vacant: District 5.
4.2 (a) PUBLIC HEARING on the proposed formation of Community Facilities District No. 5 (North Coyote Valley).
(b) Adoption
of a resolution of formation for Community Facilities District No. 5 (North Coyote
Valley), authorizing the levy of a Special Tax therein, preliminarily
establishing an appropriations limit, and submitting the levy of the Special
Tax and the appropriations limit to the qualified electors.
(c) Adoption
of a resolution calling a special election of property owners in the proposed
CFD No. 5.
CEQA: Resolution No. 69957. (Public Works)
(Continued from 11/7/00 – Item 10a and 1/23/01 – Item 4.4)
Documents filed: None.
Discussion/Action: This item
was deferred to February 27, 2001.
4.3 Approval of the following actions regarding the Almaden Family Housing Project:
(a) Hold
the TEFRA Hearing for the issuance of up to $47,000,000 in tax-exempt
multifamily housing revenue bonds for the Almaden Family Housing Project.
(b) Adoption
of a resolution:
(1) Expressing
its intent to issue up to $47,000,000 in multifamily tax-exempt revenue bonds
to finance the construction of up to a 225-unit family rental housing project
located at 1525-1585 Almaden Road (Almaden Family Housing Project).
(2) Authorizing
the Director of Housing to file an application with CDLAC for an allocation of
up to $47,000,000 in private activity bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with Simpson Housing Solutions, L.L.C., or an affiliated entity, for the CDLAC
Application for the Project.
(Finance/Housing)
Documents filed: (1)
Memorandum from Mark Burton, Acting Director of Finance and Alex Sanchez, the
Director of Housing, dated January 24, 2001, recommending Council hold a TEFRA
[Tax Equity and Fiscal Responsibility Act] public hearing pursuant to Section
147(f) of the Internal Revenue Code, and adopt said resolutions. (2) Proof of
publication of notice of public hearing, dated January 30, 2001, submitted by
the City Clerk. (3) Affidavit of Posting of notice of public hearing, dated
January 29, 2001, submitted by the City Clerk.
Discussion/Action: Mayor
Gonzales opened the TEFRA Hearing. and there was no discussion from the floor.
The Mayor verbally amended the Staff report to reflect that said project is
located in Council District 7. Upon motion by Vice Mayor Shirakawa, Jr.,
seconded by Council Member Chavez, and unanimously carried, the TEFRA hearing
was closed and Resolution No. 70159, entitled: “A Resolution of the City of San
José Expressing its Intent to Issue Tax Exempt Debt for the Acquisition,
Construction and Development of Multifamily Housing and Taking Related Actions
(The Almaden Family Housing Project)”, was adopted. Vote: 10-0-0-0-1. Vacant:
District 5.
4.4 Adoption of a resolution exempting loans and grants for mobilehome rehabilitation and repainting from the adopted Council policy that targets 75% of housing rehabilitation program resources to target neighborhoods. (Housing)
Documents filed: Memoranda
from Director of Housing, Alex Sanchez, dated January 24 and February 8, 2001,
recommending adoption of said resolution.
Discussion/Action: Council
Member Yeager expressed concerns about ensuring the information reach all mobilehome
park residents and requested Staff to inform Council of how they plan to
disseminate information on the program. Marty Peterson, California Mobilehome
Resource and Action Association, spoke in support. Upon motion by Vice Mayor
Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried,
Resolution No. 70160, entitled: “A Resolution of the Council of the City of San
José Approving an Exemption for Grants for Mobilehome Rehabilitation and
Painting from the Target Neighborhood Policy in the Five Year Investment Plan”,
was adopted, and Staff was directed to review appropriate methodology of
notifying residents of the program and inform Council of the process selected.
Vote: 10-0-0-0-1. Vacant: District 5.
4.5 Adoption of a resolution:
(a) Approving
business terms for a permanent loan of up to $3,325,000 to 1710 Moorpark L.P.,
for the 63-unit Immanuel Housing Project,
affordable to very low-income seniors, located between Leigh and Richmond
Avenues, south of Moorpark Avenue.
(b) Finding
that the use of 20% Housing Funds for the permanent financing of this project
is a benefit to the City’s Redevelopment Project Areas.
(Housing)
Documents filed: Memorandum
from Director of Housing, Alex Sanchez, dated January 24, 2001, recommending
the adoption of said resolution.
Discussion/Action: Upon
motion by Council Member Yeager,
seconded by Council Member LeZotte, and unanimously carried, Resolution No. 70161, entitled: “A Resolution of the
Council of the City of San José (i) Approving up to $3,325,000 for a Permanent
Loan to Corporation for Better Housing or its Affiliate, 1710 Moorpark L.P.,
for the Development of a 63 Unit Rental Housing Project Affordable to Very Low
Income Persons and Families, (ii) Authorizing the Director of Housing to Negotiate
and Execute All Necessary Documents Evidencing Such Loans on Behalf of the
City, and (iii) 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”, was adopted. Vote:
10-0-0-0-1. Vacant: District 5.
4.6 PUBLIC HEARING and adoption of a resolution vacating a portion of Baroni Avenue, between Capitol Expressway and Vista Park Drive, consisting of approximately 84,000 square feet, and reserving a public service easement over the entire area to be vacated. CEQA: Exempt. (Public Works)
Documents filed: (1)
Memorandum from Acting Director of Public Works, Rajeev Batra, dated January
24, 2001, recommending Council conduct the public hearing and adopt said resolution.
(2) Affidavit of Posting of Notice of Public Hearing, dated February 13, 2001,
to consider said vacation of Baroni Avenue, submitted by the City Clerk. (3)
Affidavit of Posting of Notice of Vacation, dated January 31, 2001, submitted
by the Department of Public Works. (4) Proofs of Publication of title of
Ordinance No. 70130, executed on February 7 and 14, 2001, submitted by the City
Clerk.
Discussion/Action: Mayor
Gonzales opened the Public Hearing and William Garbett spoke in opposition.
Upon motion by Council Member Williams, seconded by Council Member Reed, and
unanimously carried, the public hearing was closed and Resolution No. 70162, entitled: “Resolution of the
Council of the City of San José Vacating a Portion of Baroni Avenue, Between Vista
Park Drive and Capitol Expressway, and Reserving a Public Service Easement”,
was adopted. Vote: 10-0-0-0-1.
Vacant: District 5.
5.2 Approval of an agreement with MPA Design, Inc. for consultant services for the South Central Swim Center Project, from the date of execution of the agreement to December 31, 2002, in the amount of $460,000, and additional services in the amount of $25,000, for a total agreement amount of $485,000. CEQA: Negative Declaration. (Public Works)
Documents filed: Memorandum
from Acting Director of Public Works, Rajeev Batra, dated January 24, 2001,
recommending approval of said agreement with MPA Design, Inc.
Discussion/Action: Upon
motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and
unanimously carried, the agreement with MPA Design, Inc., for said project was
approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6.2 Acceptance of the 2000 Annual Transportation Report. (Streets and Traffic/Public Works)
Documents filed: (1)
Memorandum from Director of Streets and Traffic, Wayne K. Tanda and Acting
Director of Public Works, Rajeev Batra, dated January 24, 2001, recommending
Council accept the year 2000 Annual Transportation Report. (2) Memoranda from
Assistant to the City Manager, Deanna J. Santana, dated January 30 and February
8, 2001, transmitting the 2000 Annual Transportation Report, prepared by
the Department of Streets and Traffic.
Discussion/Action:
The Staff presentation was made by Wayne Tanda, Director of Streets and
Traffic, assisted by Jim Helmer, Deputy Director, Traffic Management, and by
Hans Larson, Deputy Director of Public Works. Council Member Reed suggested
data from previous years be included in future reports for comparison in
tracking progress and stated it would be helpful if traffic volume changes
could be shown on the traffic flow map for year-to-year tracking. Council
Member Chavez requested Staff provide data on the number of pedestrians and
cyclists that were injured in crashes, including fatalities, and age
breakdowns, and suggested the traffic flow map be enlarged to include street
names. Council Member Dando commented on the high percentage of pedestrian
fatalities and suggested Staff analyze new technology which could be
implemented to improve safety and recommended review of possible crosswalk
redesign. Mayor Gonzales reminded Council that San José’s pedestrian fatality
rate is less than half of the State average and he stressed the need to
continue to educate people as the traffic calming plans are implemented with
the goal of making San José communities safer. Upon motion by Vice Mayor
Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the
report was accepted and Staff directed to include in future reports comparison
data of changes from previous years, include data on pedestrian and bicyclist
crashes resulting in injuries and/or fatalities, identified by age group and
school locations, and add street detail and traffic volume to the traffic flow
map, and review the potential for redesign and installation of new technology
at crosswalks. Vote: 10-0-0-0-1. Vacant: District 5.
The Council of City of San José convened the Redevelopment Agency Board at 3:46 P.M. to consider Item 10.1 in a Joint Session.
10.1 (a) Adoption by the City Council of a response to written objections from property owners and taxing entities to the adoption of the Neighborhood Business Clusters Redevelopment Plan and the merger of the Neighborhood Business Clusters Redevelopment Plan into the San Jose Merged Area Redevelopment Plan.
(b) Final adoption of ORDINANCE NO. 26196 – Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.
(This item heard with Item 2.11)
(c) Final adoption of ORDINANCE NO. 26197 – Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment Project Areas and making certain findings
(This item heard with Item 2.12)
(Deferred from 9/19/00 – Item 11a et al., and 2/6/01 – Item 10.2)
Documents filed: None.
Discussion/Action: This item
was deferred to February 27, 2001.
The
Redevelopment Agency Board portion of the meeting recessed at 3:47 P.M.
Open Forum - Heard jointly with Redevelopment Agency public discussion:
(1) Joe Pandit spoke about election sign regulations. Mayor Gonzales requested Staff to review Mr. Pandit’s concerns.
(2) Richard Calhoun thanked Council Member Dando for her work in District 10.
(3) Bill Chew spoke about funding needs of the child care center at the Luther Burbank School.
Adjournment
The Council of City of San José
adjourned at 3:55 P.M. to a joint meeting of the San José City Council, San José
Redevelopment Agency, and the San José Financing Authority.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK
By NANCY ALFORD, ASSISTANT CITY CLERK