MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
FEBRUARY 20, 2001
The regularly scheduled 9:30 a.m. Closed Session of the Council of the City of San Jose was cancelled, and the City Council convened in Regular Session at 1:35 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Vacant: District 5.
Pastor Dave Sawkins, South Valley Christian Church, delivered the invocation.
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Chavez, seconded by Council Member
Cortesé and unanimously carried, the Orders of the Day and Amended Agenda were
approved with one additional deferral: Item 2.25 deferred to February 27, 2001.
Vote: 10-0-0-0-1. Vacant: District 5.
CONSENT CALENDAR
Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-0-0-1. Vacant: District 5.
2.1 (a) Approval of Minutes for the 2000 Annual
Review of the General Plan – November 13, 2000
Documents Filed: Minutes of the General Plan Meeting on November 13, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 5.
(b) Approval
of Minutes of the Regular Meeting of November 14, 2000
Documents Filed: Minutes of the regular meeting on November 14, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 5.
(c) Approval of Minutes of the Joint
Council/Redevelopment Agency Board Meeting of November 14, 2000
Documents Filed: The Minutes of the joint meeting of November 14, 2000.
Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 5.
2.2 Final adoption of Ordinance 26292 –
Amends Title 9 of the San José Municipal Code to add a new chapter 9.60
regarding the prevention of abandoned carts.
Documents Filed: Proof of publication of the title of Ordinance No. 26292 executed on February 13, 2001, submitted by the City Clerk.
Discussion/Action: Representing Walgreen’s Pharmacy, Thomas Crosier and Sam Mitri, Store Manager, spoke in opposition to the ordinance as written. William J. Garbett spoke against the proposed action. Ordinance No. 26292 was adopted with Staff directed to meet with the representatives with respect to their concerns. Vote: 10-0-0-0-1. Vacant: District 5.
2.3 Final adoption of Ordinance 26294 –
Rezones certain real property situated on the east side of North Second Street,
approximately 400 feet northerly of East Julian Street. PDC 00-07-061
Documents
Filed: Proof of publication of the title of Ordinance No. 26294 executed on February
13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26294 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.4 Final adoption of Ordinance 26295 – Rezones certain real property situated on the southeast corner of Montague Expressway and Kruse Drive (696 East Trimble Road). C 00-11-117
Documents Filed: Proof of publication of the title of Ordinance No. 26295 executed on February 13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26295 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.5 Final adoption of Ordinance 26296. –
Rezones certain real property situated on the southeast corner of Meridian and
Auzerais Avenues. PDC 00-06-054
Documents Filed: Proof of publication of the title of Ordinance No. 26296 executed on February 13, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26296 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.6 Approval of a first amendment to the
Commercial Cargo Operating Agreement with ABX Air, Inc., to extend the term of
the agreement through March 31, 2006, with estimated annual revenue to the City
of $173,463.60.
CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 31, 2001, recommending Council approve the amendment to said agreement.
Discussion/Action: The first amendment to the Commercial Cargo Operating Agreement with ABX, Air, Inc., was approved and execution of the amendment authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.7 (a) A
first amendment to the Commercial Cargo Operating Agreement with DHL Airways,
Inc., to extend the term of the agreement through March 31, 2006, with
estimated annual revenue to the City of $180,000; and
(b) A second amendment to the lease agreement with DHL Airways,
Inc. for office and hangar space at 1277 Airport Boulevard, to extend the term
of the lease through March 31, 2006, with annual rental revenue to the City in
the amount of $6,000.
CEQA: Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 31, 2001, recommending Council approve the amendments to said agreements.
Discussion/Action: The first amendment to the Commercial Cargo Operating Agreement and the second amendment to the lease agreement with DHL Airways, Inc. were approved and execution of the amendments authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.8 Approval of a second amendment to the
agreement with Emery Worldwide Airlines, Inc. to extend the hanger office space
lease through April 30, 2006, with projected annual revenue to the City of
$2,400. CEQA: Resolution No. 67380.
(Airport)
Documents Filed: None.
Discussion/Action: This item was deferred to March 6, 2001.
2.9 Approval of a second amendment to the
lease agreement with Ogden Ground Services for office and hangar space at 1277
Airport Boulevard, to extend the term of the lease through April 30, 2007, with
annual rental revenue to the City in the amount of $14,000. CEQA:
Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 31, 2001, recommending Council approve the second amendment to said lease agreement with Ogden Ground Services.
Discussion/Action: This item was dropped.
2.10 Approval of an Operating Agreement and
License with TEM Enterprises, Inc., d/b/a Casino Express, d/b/a Air Laughlin
for a three year term from February 20, 2001 to February 19, 2004, with a
projected annual revenue to the City of $220,000. CEQA: Resolution No.
67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 31, 2001, recommending Council approve said agreement and license with TEM Enterprises, Inc.
Discussion/Action: The operating agreement and license with TEM Enterprises, Inc., d/b/a Casino Express, d/b/a Air Laughlin were approved and execution of the documents authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.11 Adoption of a resolution authorizing the
City Attorney to negotiate and execute an agreement for litigation consulting
services with Ernst & Young LLP for the period of January 15, 2001 through
June 30, 2002, in an amount not to exceed $60,000.
(City Attorney’s Office)
Documents Filed: Memorandum from City Attorney J. Richard Doyle, dated February 8, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70164, entitled: “A Resolution of the Council of the City Of San Jose Authorizing the City Attorney to Negotiate and Execute an Agreement for Litigation Consultant Services With Ernst & Young LLP for the Period of January 15, 2001 Through June 30, 2002, in an Amount Not to Exceed $60,000”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.12 Approval of a second amendment to the
agreement with artist Alison Sky to develop an artwork proposal for
improvements to Post Street, and work with the City’s Downtown Strategic Plan
consultant to develop guiding principles for the inclusion of public art in the
Greater Downtown Strategic Plan, using the $49,500 balance of the Fox
California Theater public art design budget.
(Conventions, Arts and Entertainment)
Documents
Filed: Director of Conventions, Arts and Entertainment, Nancy Johnson, dated
January 31, 2001, recommending Council approve the amendment to said agreement
with Alison Sky.
Discussion/Action: The second amendment to the restated
agreement with Alison Sky was approved and execution of the amendment
authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.13 Approval of agreements with Gage-Babcock
and Associates, Jess Ramirez, Rolf Jensen and Associates, Hughes Associates,
and Associated Risk Consultants in an amount not to exceed $200,000, for plan
check services for the period February 1, 2001, to January 31, 2002. (Fire)
Documents Filed: None.
Discussion/Action: This item was deferred to February 27, 2001.
2.14 Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 2000-2001 #29, 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 31, 2001, recommending
Council approve said open purchase orders list, and authorize the Director of
General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 29
for Fiscal Year 2000-2001 was approved and execution of the purchase orders
authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.15 Report on bids and award the purchase of
five (5) 16-foot lawn mowers to the low bidder, H. V. Carter, at a total cost
of $353,727.00 including tax, and authorization for the Director of General
Services to execute the purchase order for the:
(a) Immediate
purchase of five (5) units; and
(b) Subsequent purchase of additional units at the
same bid price, for one (1) year, without further Council action other than the
appropriation of necessary funds.
(General Services)
Documents Filed: (1) Memorandum from Assistant to the City Manager, Deanna J. Santana, dated February 14, 2001, correcting an error in the “Background” section of the staff report dated January 31, 2001 to read, “these units are fleet replacements”. (2) Memorandum from Director of General Services, Steve S. Yoshino, dated, recommending Council accept the bid report and award said purchase to the low bidder, and authorize the Director of General Services to execute the purchase order.
Discussion/Action: The report on bids was accepted and award of purchase to H. V. Carter, the low bidder, was approved and execution of the purchase order authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.16 Adoption of a resolution initiating
proceeding and setting March 6, 2001 at 1:30 p.m. as the date for
Council consideration of the reorganization of territory designated as Cambrian
No. 31, which involves the annexation to the City of San José of 2.02 gross
acres of land, located on the north side of Curtner Avenue, 90 feet southerly
of Salerno Drive, and detachment of the same from the Central Fire Protection
District, Santa Clara County Library Services Area, and the County Lighting
Services District. CEQA: Negative Declaration.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 31, 2001, recommending Council adopt said resolution regarding reorganization of territory designated Cambrian No. 31.
Discussion/Action: Resolution No. 70165 Resolution of the Council of the City of San Jose Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Cambrian No. 31 and Described Herein, and Setting the Date and Place for Council Consideration of Such Reorganization”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.17
Approval of the first amendment to the
use agreement with the City of Santa Clara for the use of certain City of Santa
Clara sanitary sewer facilities by the City of San José for the discharge of
sanitary sewage from additional properties on the west side of the Southern
Pacific Railroad tracks north of Highway 237, increasing the annual operation
and maintenance fee paid by the City of San José by $3,300, from $1,500 to
$4,800. CEQA: Resolution No. 69392. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 31, 2001, recommending Council approve the first amendment to said agreement with the City of Santa Clara.
Discussion/Action: Council Member Reed entered disqualification from participating in the discussion and decision on the agreement with the City of Santa Clara because it is reasonably foreseeable that the decision will have a material financial affect on a source of income received during the past year. The first amendment to the use agreement with the City of Santa Clara was approved and execution of the agreement authorized. Vote: 9-0-0-1-1. Disqualified: Reed. Vacant: District 5.
2.18 Report on bids and award of contract for
the San José Family Camp Restrooms, Phase 2 Project to the low bidder, Gatewood
HVAC, Inc., in the amount of $322,000, and approval of a contingency in the
amount of $38,000. CEQA: Exempt.
(Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 31, 2001, recommending Council accept the bid report and award said contract to the low bidder, and approve the contingency amount.
Discussion/Action: The report on bids was accepted and award of contract to Gatewood HVAC, Inc., the low bidder, and the contingency amount, were approved and execution of the contract authorized. Vote: 10-0-0-0-1. Vacant: District 5.
2.19 Approval to reject the sole bid for the
Street Lights Monterey Pedestrian Project and authorization for the Director of
Public Works to re-advertise and re-bid the proposed project. CEQA:
Exempt. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 31, 2001, recommending Council approve staff recommendation to reject the sole bid for said project and authorize the Director of Public Works to readvertise and rebid the proposed project.
Discussion/Action: The recommendation to reject the sole bid for the Street Lights Monterey Pedestrian Project was approved and authorization to readvertise and rebid the project granted. Vote: 10-0-0-0-1. Vacant: District 5.
2.20 Approval of a continuation agreement with
CH2M HILL for the development of the Caltrain Maintenance Facility Project,
increasing the compensation by $50,000, for a total amount not to exceed
$100,000, and extending the agreement term to December 31, 2001. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 31, 2001, recommending Council approve said agreement.
Discussion/Action: This item was dropped.
2.21 Adoption of a resolution approving a
temporary construction easement located at 505 Piercy Road in San José, APN #
678-13-003, with Edmund and Irene Mercado, for the extension of Hellyer Avenue,
in the amount of $500 plus related closing costs; and authorizing the Director
of Public Works to execute the related necessary documents to complete the
transaction. CEQA: Resolution No. 69699.
(Public
Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 31, 2001, recommending Council adopt said resolution.
Discussion/Action: This item was dropped.
2.22 Adoption of a resolution approving a
purchase and sale agreement with Robert Brian and Lisa Marie Snodgrass for the
purchase of a slope easement located at 6527 Alyssa Court in San José, APN #
678-24-073, for the extension of Hellyer Avenue, in the amount of $4,750 plus
related closing costs; and authorizing the Director of Public Works to execute
the related necessary documents to complete the transaction. CEQA:
Resolution No. 69699. (Public
Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 31, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70166, entitled: “A Resolution of the Council of the City of San Jose Approving an Agreement in the Amount of $4,750 With Robert Brian and Lisa Marie Snodgrass for the Purchase of a Slope Easement Over Land, Located at 6527 Alyssa Court in San Jose and Authorizing the Director of Public Works Execute Any Other Documents Required to Complete the Transactions”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.23 Adoption of appropriation ordinance and
funding sources resolution amendments in the General Fund for a Mayor’s
Excellence in Education Award Program in the amount of $50,000, and adoption of
a resolution authorizing the City Manager to accept a grant from Intel
Corporation. (City Manager’s Office)
(Deferred from 2/13/01 – Item 2.10)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated February 15, 2001, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Ordinance No. 26298, Entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26141 to Appropriate Moneys in the General Found in the Amount Of $50,000 for the Mayor’s Excellence in Education Award Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption; Resolution No. 70167, entitled: “A Resolution of the Council of the City of San Jose Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”; and Resolution No. 70168, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Accept a Grant From Intel Corporation for the Mayor’s Excellence in Education Award Program in the Amount of $50,000, and to Execute All Related Documents”, were adopted. Vote: 10-0-0-0-1. Vacant: District 5.
2.24 Approval of addition and amendments to City
Council Committee/liaison appointments.
(Mayor)
(Rules Committee referral 2/14/01)
Documents Filed: Memorandum from Mayor Gonzales, dated February 16, 2001, recommending Council approve additions and amendment to City Council liaison appointments.
Discussion/Action: The additions and amendments to Valley Transportation Agency Policy Boards, were approved as follows: Central Highways – Council Member LeZotte; South Bay Transit Corridor – Council Member Reed; South Highways – Council Members Williams and Cortesé; North Highways – Council Member Reed; Appointment of Council Member Reed to the Solid Waste Commission of Santa Clara County; and deletion of the Private Sector Investment Panel appointment. Vote: 10-0-0-0-1. Vacant: District 5.
2.25 Adoption of a resolution approving certain
conditions on the disposition of parking facilities required by AMBAC Assurance
Corporation, the proposed bond insurer for the parking revenue bonds, for the 4th
and San Fernando
Street Garage.
(City Attorney’s Office)
(Rules Committee referral 2/14/01)
Documents Filed: None.
Discussion/Action: This item was deferred to February 27, 2001.
END OF CONSENT CALENDAR
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – February 7, 2001
Documents Filed: Rules Committee Report of February 7, 2001.
(a) Redevelopment Agency
With addition of three items to the February 13, 2001 Redevelopment Agency Agenda, all items to be reported out at Redevelopment Agency Board meeting.
(b) City Council
(1) Review February 20, 2001 Draft Agenda
The Committee approved the February 20, 2001 Draft City Council Agenda.
(2) Add New Items to February 13, 2001 Amended Agenda
The Committee recommended one addition to the February 13, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
(d) Ad Hoc Traffic Calming Advisory Committee
None Presented.
(d) Meeting Schedules
None Presented.
(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated February 1, 2001, listing the items transmitted to the Administration and the items filed for the Public Record for the period January 24-30, 2001.
The Committee noted and filed the Public Record filed for the period January 24-30, 2001.
(f) Request to use Council General Funds to attend the National League of Cities Congressional City Conference 2001 in Washington, D.C., March 9 through March 13, 2001 by Council Members Dando, LeZotte, and Yeager. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated February 2, 2001, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.
The Committee recommended approval of the three travel requests and the use of Council General Funds to attend the Conference.
(g) Appointments to Project Diversity Screening Committee. Attachment: Memorandum from Council Member Reed, dated February 5, 2001, requesting acceptance of Alan Fong as District 4 representative to serve on the Project Diversity Screening Committee.
The Committee nominated Alan Fong to the Project Diversity Screening Committee and continued the remaining three nominations to the Rules Committee meeting of February 14, 2001.
(h) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(i) Oral communications
None Presented.
(j) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee Report and actions of February 7, 2001 were accepted. Vote: 10-0-0-0-1. Vacant: District 5.
3.4 Adoption of a resolution amending the
City’s Pay Plan to create the following classifications and salary ranges:
(a) Supervisor, Animal Services Operations
(3250) with a salary range of $24.74-$32.85 per hour ($51,459.20-$68,328
annually).
(b) Animal Services Officer, Senior (3251)
with a salary range of $18.51-$22.51 per hour ($38,400.80-$46,820.80 annually).
(c) Animal Services Officer (3252) with a
salary range of $15.39-$18.71 per hour ($32,011.20-$38,916.80 annually).
(d) Animal Health Technician (3253) with a
salary range of $15.39-$18.71 per hour ($32,011.20-$38,916.80 annually).
(e) Kennel Attendant (3254) with a salary
range of $14.09-$17.13 per hour ($29,307,20-$35,630.40 annually).
(Human Resources)
Documents Filed: None.
Discussion/Action: This item was deferred to February 27, 2001.
ECONOMIC & NEIGHBORHOOD
DEVELOPMENT
4.1 Report of the Economic Development &
Environment Committee – February 5, 2001
Documents Filed: Economic Development & Environment Committee Report of February 5, 2001.
(a) First & Second Quarter Report on the Housing and Homeless Fund. Attachments: Memoranda from Director of Housing, Alex Sanchez, dated November 30, 2000 and January 23, 2001, submitting the first and second quarter reports on the Housing and Homeless Fund that shows new applications for the funds received during the reporting periods, status of pending applications received in prior reporting periods, and an update on the progress of previously funded applications.
The Committee accepted the report.
(b) Quarterly Report on Activity in the Affordable Housing Project Development Program. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated January 25, 2001, submitting the report for activity in the Program for the second quarter of the 2000-2001 Fiscal Year.
The Committee accepted the report.
(c) Quarterly Report on Housing Rehabilitation Program. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated January 25, 2001, transmitting the report on activity during the second quarter of the 2000-2001 Fiscal Year in the Program.
The Committee accepted the report.
(d) Presentation on Zoning and Permitting Activity for Housing. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 31, 2001, submitting the report containing monthly and cumulative information on residential land use approvals.
The Committee accepted the report.
(e) Oral Petitions
None Presented.
(f) Adjournment
The meeting was adjourned at 2:20 p.m.
Discussion/Action: Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Economic Development & Environment Committee Report and actions of February 5, 2001 were accepted. Vote: 10-0-0-0-1. Vacant: District 5.
4.2 (a) Approval
to establish guidelines for International Economic Partnerships; and
(b) Designate
the Office of Economic Development to perform protocol functions for the City.
(Economic Development)
Documents Filed: Memorandum from Director of Economic Development, Leslie S. Parks, dated January 31, 2001, recommending Council approve staff recommendation for the establishment of guidelines for City functions.
Discussion/Action: Council Member Williams queried Staff on the possibility of a budget line item to fund either Sister Cities relationships or Economic Partnerships, and the availability of additional information to support such funding. Upon motion by Council Member Diquisto, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the establishing of guidelines for International Economic Partnerships was approved and the Office of Economic Development designated to perform protocol functions for the City. Vote: 10-0-0-0-1. Vacant: District 5.
4.3 Adoption of a resolution holding a TEFRA
Hearing for the issuance of up to $10,000,000 in tax-exempt multifamily housing
revenue bonds for the Lenzen Affordable Housing Development. (Housing/Finance)
Documents Filed: (1) Memorandum from Acting Director of Finance, Mark Burton, and Director of Housing Alex Sanchez, dated January 31, 2001, recommending Council hold the TEFRA Hearing for the issuance of tax-exempt bonds for said projects. (2) Notice of Public Hearing on the intent to issue tax-exempt multi-family housing revenue bonds for the acquisition, construction, or rehabilitation of specified projects, dated January 31, 2001, and Proof of Publication of the Notice of Public Hearing on the TEFRA Hearing, executed on February 5, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Public Hearing Notice to consider approval of the issuance of tax-exempt multi-family housing revenue bonds for the acquisition, construction, or rehabilitation of specified projects.
Discussion/Action: Mayor Gonzales opened the TEFRA Hearing for the issuance of the housing revenue bonds. There was no discussion from the Floor. Upon motion by Council Member Yeager, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70169, entitled: “A Resolution of the City of San Jose Holding a TEFRA Hearing and Authorizing the Issuance of Tax Exempt Debt for the Acquisition, Construction and Development of Multifamily Housing (The Lenzen Affordable Housing Project)” was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
4.4 (a) Authorizing
the Director of Housing to make grants rather than interest-free conditional
loans to income-qualified homeowners for home repairs and rehabilitation work,
under the Housing Rehabilitation Program.
(b) Authorizing
a separate grant program for costs associated with implementing U.S. Department
of Housing and Urban Development regulations on lead-based paint abatement,
under the Housing Rehabilitation Program.
(Housing)
Documents Filed: None.
Discussion/Action: This item was deferred to March 6, 2001.
4.5 Approval of an ordinance setting forth
the limited and extraordinary circumstances warranting consideration of
amendments to the 2020 General Plan related to housing issues through one
additional General Plan review and amendment hearing in the 2001 calendar year
prior to the Annual Review Process.
(Mayor)
(Rules Committee referral 2/14/01)
Documents Filed: Memorandum from Mayor Gonzales, dated February 16, 2001, recommending actions regarding the process used to amend the City’s General Plan.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Ordinance No. 26299, entitled: “An Ordinance of the City Of San Jose Setting Forth the Very Limited and Extraordinary Circumstances Warranting an Additional General Plan Amendment Hearing Related to Housing Issues Prior to the General Plan Annual Review and Amendment Process”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.
RECREATION & CULTURAL
SERVICES
Items 5.2 and 5.3 considered
together.
5.2 Acceptance of the Public Art Master Plan
and direction to the City Attorney’s Office to draft an ordinance to implement
changes in the Public Art Master Plan.
(Conventions, Arts and Entertainment) CEQA: Exempt.
5.3 Acceptance of the 2001 Public Art Program
Workplan.
(Conventions, Arts and Entertainment)
Documents
Filed: (1) Memorandum from Director
of Conventions, Arts and Entertainment, Nancy Johnson, dated January 31, 2001,
recommending Council accept the Master Plan and direct the City Attorney’s
office to draft a revision to the public art ordinance for Council approval.
(2) Memorandum from Director of Conventions, Arts and Entertainment, Nancy
Johnson, dated January 31, 2001, recommending Council accept the 2001 Public Art
Program Workplan.
Discussion/Action:
Director of Conventions, Arts and Entertainment, Nancy Johnson and Public Art
Program Director Harriet Traurig presented a comprehensive overview of the
Master Plan and the proposed workplan for the 2001 Public Art Program, and
recommended Council approve staff recommendations. Referencing page 10 of the
Public Art Master Plan, and the “Context For Public Art in Contemporary San
José”, under “Economy”, Council Member Williams asked Staff to include in the
Program various industrial sites and locations unique to or created in San
José. Regarding the availability of funds to neighborhoods that do not have
alternate sources of funds, Council Member Dando stated the Arts Program
generates a considerable amount of funding and that school programs should
benefit from a portion of the funds. Upon motion by Vice Mayor Shirakawa, Jr.,
seconded by Council Member Williams and unanimously carried, the Public Art
Master Plan and the 2001 Public Art Program Workplan were accepted with (a) the
City Attorney directed to draft
the ordinance implementing changes in the Public Art Master Plan; (b) the
Administration directed to include in the Master Plan more of San José’s
historical landmarks and originating industries reflective of the early years
of the community; and (c) the Administration directed to consider public art
partnerships with schools and to allocate funds for arts programs. Vote:
10-0-0-0-1. Vacant: District 5.
5.4 Approval of an
agreement with the County of Santa Clara to provide a nutrition program for
senior citizens, for the period July 1, 2000 to June 30, 2001, with the City to
receive the amount of $763,904.
(Parks, Recreation and Neighborhood
Services)
Documents Filed:
Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark
Linder, dated January 31, 2001, recommending Council adopt a resolution
approving said agreement.
Discussion/Action:
Upon motion by Council Member Dando, seconded by Council Member LeZotte and
unanimously carried, the agreement with Santa Clara County was approved and
execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 5.
6.1 Traffic Calming Advisory Committee (Ad Hoc) – February 8, 2001
Documents Filed: Traffic Calming Advisory Committee Report of February 8, 2001.
(a) Approval of Six-Month Workplan. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 31, 2001, recommending the assignment of specific meeting dates for items on the workplan for February – June 2001.
The Committee deferred discussion on the Work Plan to the February 22, 2001 meeting.
(b) Report on the Traffic Calming Program Overview. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 31, 2001, transmitting a copy of the Traffic Calming Initiative report.
The Committee accepted the report.
(c) Status of Traffic Calming Workplan Activities. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 1, 2001, noting the presentation of a verbal report on the item.
The Committee accepted the status report.
(d) Oral Petitions
Jill Escher, President of Walk San José, spoke on the petition process and the Traffic Calming Council Policy.
Adjournment
The Committee adjourned at 3:40 p.m.
Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Dando and unanimously carried, the Traffic Calming Advisory Committee Report and actions were accepted. Vote: 10-0-0-0-1. Vacant: District 5.
6.2 Adoption of the following resolutions in
connection with the formation of Community Facilities District No. 6 (Great
Oaks - Route 85):
(a) A resolution of intention to form Community Facilities
District No. 6 (Great Oaks - Route 85), to authorize the levy of special taxes
pursuant to the City of San José Community Facilities District Financing
Procedure, setting a public hearing on March 6, 2001 at 1:30 p.m., and
to:
(1) Authorize the City Manager to execute a joint community
facilities agreement with the California Department of Transportation and to
negotiate and execute agreements with E. Wagner & Associates for financial
advisory services in an amount not to exceed $95,000, for the term of January
1, 2000 to December 31, 2001, and with Berryman & Henigar, Inc. for special
tax consulting services in an amount not to exceed $50,000, for the term of
August 15, 2000 to December 31, 2001.
(2) Authorize the City Attorney to negotiate and execute an
agreement with Quint & Thimmig for bond counsel services in an amount not
to exceed $70,000, for the term of August 15, 2000 to December 31, 2001.
(b) A resolution of
intention to incur bonded indebtedness of the Proposed Community Facilities District No. 6 (Great Oaks - Route 85)
pursuant to the City of San José Community Facilities District Financing
Procedure in an amount not to exceed $13,000,000.
CEQA: Resolution
No. 69699. (Public Works/Finance)
Documents Filed: None.
Discussion/Action: This item was deferred to March 6, 2001.
6.3 Approval of an agreement with Foxconn
Asset Management, LLC, a California limited liability company, for the purchase
of fee title in land required for the extension of Hellyer Avenue, located at
550 Piercy Road in San José, APN # 678-08-018, in the amount of $1,876,600,
plus related closing costs; and authorization for the Director of Public Works
to negotiate and execute the necessary documents to complete the transaction.
CEQA: Resolution No. 69699. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 13, 2001, recommending Council approve said agreement.
Discussion/Action: Council Member LeZotte expressed concerns regarding the environmental condition of the site and the proposed “worst case scenario” determined for cleanup. She stated the property should have been devalued because of the existence of environmental hazards; and for those reasons, she would not support the proposed actions. Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the purchase agreement with Foxconn Asset Management, LLC, was approved and execution of the documents necessary to complete the transaction authorized. Vote: 9-1-0-0-1. Noes: LeZotte. Vacant: District 5.
7.1 (a) Adoption of a resolution authorizing the
City Manager to execute a service agreement with Pacific Gas and Electric
Company to develop and implement a program to provide funding to commercial
building owners for the installation of reflective roofing in the amount of
$621,000, for the period February 20, 2001 to January 31, 2002.
(b) Adoption
of related appropriation ordinance and funding sources resolution amendments in
the General Fund to appropriate the contract funds of $621,000 to the
Environmental Services Department.
(Environmental Services/City Manager’s Office)
Documents Filed: Memorandum from Director of Environmental Services Carl W. Mosher, and Budget Director Larry D. Lisenbee, dated January 31, 2001, recommending Council adopt said resolution and appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70170, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute a Service Contract in the Amount of $621,000 With Pacific Gas & Electric Company for Implementation of a Cool Roofs Program”; Ordinance No. 26300, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $621,000 for the Cool Roofs Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70171, entitled: “A Resolution of the Council of the City of San Jose Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted. Vote: 10-0-0-0-1. Vacant: District 5.
7.2 Adoption of a resolution authorizing the
City Manager to negotiate and execute a one-year agreement with ADS
Environmental Services for flow monitoring of the sanitary sewer system and
rain gauge services at a cost not to exceed $600,462. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 13, 2001, recommending Council approve the one-year agreement with ADS Environmental Services.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 70172, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute an Agreement With ADS Environmental Services for Flow Monitoring and Rain Gauge Services in an Amount Not to Exceed $600,462”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
8.1 Adoption of a resolution authorizing the
Director of Aviation to submit three Passenger Facility Charges applications to
the Federal Aviation Administration (FAA):
(a) To impose and use Passenger Facility Charges at the $4.50 PFC
level for the Runway 30L Reconstruction and Extension Project at the San
José International Airport, in the amount
of $44,407,000, inclusive of estimated financing cost;
(b) To amend the Interim Federal Inspection Services
Facility Project, to increase total cost by $13,281,750;
(c) To amend existing Passenger Facility Charges
authority for the recently approved Passenger Facility Charge Application No.
9, to authorize collection at the $4.50 PFC level.
CEQA: Resolution
No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 31, 2001, recommending Council adopt said resolution.
Discussion/Action: Referencing the PFC increases and the use of AIP funds for the ACT Program, Council Member Chavez asked the Administration to provide Council with reports on FAA guidelines pertaining to acoustical treatment of affected residences, businesses, and schools, and on a long-term strategy for acoustical treatment funding, and whether the City is financially prepared for either development. In response to Council Member Dando’s concerns regarding traffic congestion on Route 87 and Highway 101 and associated traffic impacts encountered when arriving or leaving San José International Airport, Director of Aviation, Ralph G. Tonseth, stated the traffic issues will be addressed when the status report on the Airport Master Plan is presented to Council in June 2001. Upon motion Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70173, entitled: “A Resolution of the Council of the City of San Jose Authorizing the Director of Aviation to Submit Three (3) Passenger Facility Charge (PFC) Applications to the Federal Aviation Administration (FAA) to: (1) Impose and Use PFCs at the $4.50 PFC Level for the Runway 30L Reconstruction and Extension Project in the Amount of $44,407,000; (2) to Amend the Interim Federal Inspection Services Facility Project to Increase Total Cost By $13,281,750; and (3) to Amend Existing PFC Authority for Recently Approved PFC Application #9 to Authorize Collection at the $4.50 PFC Level”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.
JOINT COUNCIL/REDEVELOPMENT
AGENCY
10.1 Adoption of resolutions by the City Council
and Redevelopment Agency Board:
(a) Approving the
transfer of the Redevelopment Agency-owned property located at 937-943 Locust
Street to the Housing Department to provide transitional housing for fire
victims and others displaced through no fault of their own; and
(b) Authorizing the
expenditure of up to $500,000 in 20% Low and Moderate Income Housing Funds to
make necessary repairs to the SRO building;
(c) Authorizing the City
Manager to select a provider to own and manage the property and to negotiate
the terms of occupancy; and
(d) Finding that the use
of 20% Housing Funds for the project is of benefit to the Redevelopment Project
Areas in San José.
(Fire/Housing)
(Deferred from 1/23/01 – Item 10.1)
Documents Filed: None.
Discussion/Action: This item was deferred to March 6, 2001.
(1) Deborah Grant spoke on several issues concerning Santa Clara County services. Speaker advised to consult Santa Clara County Board of Supervisors.
(2) William Garbett spoke against PFC’s and the ownership and development of Redevelopment Agency properties.
Following Open Forum, Council recessed at
3:15 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall, for the
Public Hearing on text amendments to San Jose 2020 General Plan.
Present: Council Members: Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: None.
Vacant: District 5.
11.1 PUBLIC HEARING on proposed amendments
consisting of changes to San José 2020 General Plan text and Land
Use/Transportation Diagram, described as “Items Deferred from the 2000 Annual
Review to February 2001.”
(Planning, Building, and Code Enforcement)
Documents Filed: None.
Discussion/Action: See San José 2020 General Plan Minutes for Council action taken on this item.
11.2 PUBLIC HEARING ON CONFORMING PREZONING of
the property located on the north side of Alum Rock Avenue, 150 feet easterly
of Pala Avenue, from County to C-2 Commercial Zoning District, to allow
commercial uses on 0.61 gross acres.
(Ramirez, Spunet, Lujan, Owners/Developers). CEQA: Exempt.
C 98-08-061 - District 5
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C98-08-061 dated January 30, 2001, recommending approval of the proposed conforming rezoning. (2) Public Hearing Notice to consider a change in Zoning for C98-08-061 dated February 1, 2001, and Proof of Publication executed on February 9, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming prezoning of the subject property. There was no discussion from the Floor. Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed and Ordinance No. 26301, entitled: “Ordinance of the City of San José Prezoning Certain Real Property Situated on the North Side of Alum Rock Avenue, Approximately 150 Feet Easterly of Pala Drive”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.
11.3 PUBLIC HEARING ON CONFORMING REZONING of
the property located on the south side of Hillsdale Avenue between Snell Avenue
and Hillcap Road, from the R-1:B-8 Residence Zoning District to M-1
Manufacturing Zoning District, to allow industrial uses on 2.08 gross acres.
(James F. and Joanne Matthews, Owners; Barry Swensen Builder, Developer).
CEQA: Resolution No. 65459.
C 00-11-118 - District 7
Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C00-11-118 dated February 1, 2001, recommending approval of the proposed rezoning. (2) Public Hearing Notice to consider a change in Zoning for C00-11-118, and Proof of Publication executed on February 9, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. There was no discussion from the Floor. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the public hearing was closed and Ordinance No. 26302, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the South Side of Hillsdale Avenue Between Snell Avenue and Hillcap Road”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.
The Council of the City of San José adjourned at 8:10 p.m. in memory of Donna Andrews, a Recreational Program Specialist for the Berryessa Community Center, who was a strong advocate for the needs of young people and committed to youth service, to meet again on Wednesday, February 21, 2001, 8:00 a.m., and on Thursday, February 22, 2001, 8:00 a.m. for Adjourned Regular meetings, Council Chambers, City Hall.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK