MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
APRIL 17, 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 - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - None.
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600; (A) to confer with Real Property Designated Representatives pursuant to Government Code Section 54956.8: (1) Property: APN 015-31-065 (Northeast corner of Zanker Road & SR 237); Designated Representatives: Darrell Dearborn and Carl Mosher for the City of San José and Rich Echols for Pacific Gas & Electric Company; Under Negotiation: Lease terms including price and terms of payment; (2) Property: Portion of APN 015-21-043 and 015-32-044 (Approximately 822 acres – Cargill Salt Pond A-18); Designated Representatives: Carl Mosher for the City of San José and Robert Douglass for Cargill Salt; Under Negotiation: Purchase terms including price and terms of payment; (B) to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In re Burcham; (2) In re Rogers; (3) In re Balesano; (4) Wing and a Prayer, Inc., v. City of San José, et al., and (5) Ruffo, et al., v. City of San José, et al.; and (C) to conduct Public Employee Performance Evaluation pursuant to Government Code Section 54957 for the City Clerk and the City Auditor; and (D) to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Alex Gurza; Employee Organization: Municipal Employees Federation; (2) City Negotiator: City Manager designee Alex Gurza; Employee Organization: International Association of Firefighters; and (3) City Negotiator: City Manager designee Alex Gurza; Employee Organization: Operating Engineers, Local 3.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:55 a.m. and reconvened at 1:32 p.m. in the Council Chambers.
Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - None.
Invocation (District 4)
The
following students performed the “Lion Dance” - Albert Lee, Anthony Lee, Linda
Hahn, Robert Sala, Jen Tran, Anna Lee and Angelique Lee, all of whom are
graduates of the Orchard School District in District 4 and attend Orchard,
Independence, and Oak Grove High Schools.
Pledge of Allegiance
Mayor
Gonzales led the Pledge of Allegiance.
Orders of the Day
Upon
motion by Council Member Shirakawa, Jr., seconded by Council Member Chavez, and
unanimously carried, Item 7.4 was deferred to April 24, 2001, and the Orders of
the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
1.1 Presentation of a proclamation declaring the week of April 16, 2001 as Earth Week and Clean Your Files Week. (Environmental Services/General Services)
Documents
filed: None.
Discussion/Action:
Mayor Gonzales presented a proclamation
declaring the week of April 16, 2001 as Earth Week and Clean Your Files Week to
Carl Mosher, Director of Environmental Services, Fran McVey, Acting Director of
General Services, Donna Thurston, Environmental Services’ Recycle-at-Work
Coordinator, Leslie Masunaga, Historic Resource and Records Manager, General
Services. Mayor Gonzales spoke about the opportunity the City has for
environmental leadership in a wide range of environmental programs and services
that promote conservation, reduce waste and encourage a sustainable community.
He stated the City of San José encourages the economic, environmental and
social benefits of energy efficiency and renewable energy practices as well as
the benefits associated with reducing resource consumption and increasing reuse
and recycling of office products especially paper, and acknowledged the
importance of the community’s relationship to the environment. Accepting the
proclamation was Leslie Masunaga, who encouraged City Council, Management and
Staff to participate in the City’s 2nd Annual Pack Rat Day on April
19, 2001, the City’s version of Clean Your Files Day.
CONSENT CALENDAR
Upon motion by Vice Mayor Shirakawa, Jr., seconded
by Council Member Chavez, and unanimously carried, the Consent Calendar was
approved and the below listed items taken as indicated. Vote: 11-0-0-0.
2.1(a) Final adoption of Ordinance No. 26340 – Adds a new Chapter 1.19 to Title 1 of the San José Municipal Code to include general provisions related to bonds and amending and restating Chapter 4.38 entitled “City of San José Airport Revenue Bond Law” relating to powers and procedures to issue revenue bonds for the purpose of financing the City’s airport.
Documents
filed: Proof of publication of
title of Ordinance No. 26340, executed April 10, 2001, submitted by the City
Clerk.
Discussion/Action:
William J. Garbett spoke in opposition to the proposal. Council Member Reed
requested language in the Staff report. Ordinance No. 26340 was adopted. Vote: 11-0-0-0.
2.1(b) Final adoption of Ordinance No. 26341 – Rezones certain real property situated at the east side of North Bascom Avenue, approximately 100 feet northerly of Olive Avenue. C 00-09-098
Documents
filed: Proof of publication of
title of Ordinance No. 26341, executed April 10, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26341 was adopted. Vote: 11-0-0-0.
2.1(c) Final adoption of Ordinance No. 26342 – Rezones certain real property situated at the southeast corner of East Taylor and North Seventh Streets. PDC 00-11-121
Documents
filed: Proof of publication of title of Ordinance No. 26342, executed April
10, 2001, submitted by the City Clerk.
Discussion/Action:
Ordinance No. 26342 was adopted. Vote:
11-0-0-0.
2.1(d) Final adoption of Ordinance No. 26343 – Prezones and rezones certain real property situated on the north side of State Route 237, between Zanker Road and Coyote Creek. PDCSH 00-06-048
Documents
filed: Proof of publication of title of Ordinance No. 26343, executed April 10, 2001, submitted by the City
Clerk.
Discussion/Action:
William J. Garbett spoke in opposition. Council Member Reed requested an
amendment to the conditions proposed by the applicant in his and Mayor
Gonzales’ memorandum dated April 2, 2001, specifically that Condition No. 10 be
changed to read: “The entrance road across the Water Pollution Control Plant’s
‘buffer lands’ shall be placed on a recorded easement or otherwise
appropriately established and agreed to by the applicant.” Upon motion by
Council Member Reed, seconded by Vice Mayor Shirakawa, Jr., and unanimously
carried, Ordinance No. 26343 , with the amended language, was adopted. Vote:
10-1-0-0. Noes: LeZotte.
2.2 Approval of a third amendment to the consultant agreement with David J. Powers & Associates, Inc. for environmental analysis of Airport issues and projects, increasing the maximum cost of the agreement by $90,000, from $150,000 to $240,000, and extending the termination date to June 30, 2002. (Airport)
Documents
filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated March
28, 2001, recommending approval of a third amendment to said agreement with
David J. Powers & Associates, Inc.
Discussion/Action:
The third amendment to said agreement with David J. Powers & Associates,
Inc. was approved and its execution authorized. Vote: 11-0-0-0.
2.3 Approval of a consultant agreement with Carl Walker, Inc. for parking management and certified public accounting services for the Airport Parking Administration and Revenue Control System, for the period April 20, 2001 to October 20, 2001, in an amount not to exceed $ 177,065. (Airport)
Documents
filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated March
30, 2001, recommending approval of said agreement with Carl Walker, Inc.
Discussion/Action:
The agreement with Carl Walker, Inc., was approved and its execution
authorized. Vote: 11-0-0-0.
2.4 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with San José Golf, LLC, a California limited liability company, for two months of grow-in of a new, 18-hole municipal golf course facility in San José at a cost not to exceed $360,000, and partial equipment acquisition for the facility in an amount not to exceed $465,000. Council District 7. (City Manager’s Office)
Documents
filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated
April 13, 2001, recommending adoption of said resolution.
Discussion/Action:
Resolution No. 70270, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute an Agreement with
San José Golf, LLC, for the Two-Month Grow-in Period of the 18-Hole Municipal
Golf Course Facility, in an amount Not to Exceed $360,000, and for Acquisition
of Furniture, Fixtures and Equipment for the Facility in an Amount Not to
Exceed $465,000”, was adopted. Vote:
11-0-0-0.
2.5 Adoption of appropriation ordinance and funding sources resolution amendments in the Water Utility Capital Fund to provide additional funding for the Advance System Design and the Meter Installation Projects. (City Manager’s Office)
Documents
filed: Memorandum from Budget Director Larry D. Lisenbee, dated March 27,
2001, recommending approval of said appropriation ordinance and related revenue
resolution amendments.
Discussion/Action:
Ordinance No. 26346, entitled: “An
Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate
Moneys in the Water Utility Capital
Fund in the Amount of $300,000 for the Advance System Design and the Meter
Installations Projects; and Providing That This Ordinance Shall Become
Effective Immediately Upon Adoption”; and Resolution No. 70271, 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 the Water Utility Capital Fund”, were adopted. Vote: 11-0-0-0.
2.6 Adoption of appropriation ordinance and funding sources resolution amendments increasing the appropriation for Ice Centre debt service payment by $400,000. (City Manager’s Office)
Documents
filed: Memorandum from Budget Director Larry D. Lisenbee, dated March 30,
2001, recommending approval of said appropriation ordinance and related revenue
resolution amendments.
Discussion/Action:
William J. Garbett spoke in opposition to the proposal. Ordinance No. 26347, entitled: “An Ordinance of the City of San José
Amending Ordinance No. 26141 to Appropriate Moneys in the Community Facilities
Revenue Fund in the Amount of $400,000 for Ice Centre Debt Service Payment and
Providing That This Ordinance Shall Become Effective Immediately Upon
Adoption”; and Resolution No. 70272, 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 the Community Facilities Revenue Fund”, were adopted. Vote: 11-0-0-0.
2.7 Approval of a continuation agreement with Tetra Tech, Inc., for consultant services in support of the Environmental Enhancement Program, extending the term of the agreement from March 31, 2001 through March 31, 2003, and modifying the scope of consultant services to reflect regulatory and technical issues, at no additional cost to the City. CEQA: Exempt. (Environmental Services)
Documents
filed: (1) Memorandum from Director of Environmental Services, Carl W.
Mosher, dated April 5, 2001, recommending approval of said agreement with Tetra
Tech, Inc (2) Letter from the Treatment
Plant Advisory Committee dated April 12, 2001, stating concurrence with the
Staff recommendation.
Discussion/Action:
William J. Garbett spoke in opposition to the proposal. The agreement with
Tetra Tech., Inc., was approved and its execution authorized. Vote: 11-0-0-0.
2.8 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #38, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents
filed: Memorandum from Director of General Services, dated March 28, 2001,
recommending approval of said open purchase orders.
Discussion/Action:
The award of open purchase orders List No. 38 was approved and the Director of
General Services authorized to execute the purchase orders. Vote: 11-0-0-0.
2.9 Adoption of a resolution authorizing the Director of General Services to execute an amendment to the agreement with Service by Medallion, Inc. extending the contract at the Environmental Services Department’s Water Pollution Control Plant through October 31, 2001, at a total additional cost not to exceed $165,000, for a total contract amount of $538,000. (General Services)
Documents
filed: (1) Memoranda from Director of General Services, Steve S. Yoshino,
dated March 28, 2001, and Acting Director of General Services, Francis B.
McVey, dated April 13, 2001, recommending adoption of said resolution. (2)
Letters from the Treatment Plant Advisory Committee dated April 12 and 16,
2001, stating concurrence with the Staff recommendation.
Discussion/Action:
Resolution No. 70273, entitled: “A Resolution of the Council of the City of San
José Authorizing the Director of General Services to Execute an Amendment to
the Agreement with Service by Medallion, Inc., for Janitorial Services at the
City of San José Environmental Services Department’s Water Pollution Control
Plant”, was adopted. Vote: 11-0-0-0.
2.10 Adoption of a resolution summarily vacating access restrictions on both sides of Santa Teresa Boulevard, from Larchmont Drive to Bailey Avenue. CEQA: Exempt. Council District 2. (Public Works)
Documents
filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated
March 28, 2001, recommending adoption of said resolution.
Discussion/Action:
Resolution No. 70274, entitled: “A Resolution of the Council of the City of San
José Summarily Vacating Access Restrictions on Both Sides of Santa Teresa
Boulevard from Larchmont Drive to Bailey Avenue”, was adopted. Vote: 11-0-0-0.
2.11 Report on bids and award of contract for the Street Lights - Rosemary Gardens 2001 Project to the low bidder, Brown and Fesler, Inc., in the amount of $277,129. CEQA: Exempt. Council District 3. (Public Works)
Documents
filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated
March 28, 2001, recommending award of said contract to the low bidder, Brown and Fesler, Inc.
Discussion/Action:
The award of said contract to the low
bidder, Brown and Fesler, Inc., the low bidder, Brown and Fesler, Inc., was
approved and its execution authorized. Vote: 11-0-0-0.
2.12 (a) Approval
of Contract Change Order No. 5 for the Fire Station No. 30 Remodel and Seismic
Upgrade Project with Eddie Torrez Construction for additional construction work
resulting from Fire Department requests and unforeseen conditions in the amount
of $65,000, for a total contract amount of $1,033,913, approval of an increase
in the construction contingency in the same amount of $65,000 (increasing the
contingency from $95,000 to $160,000), and extending of the term of the
agreement by 55 days to April 20, 2001.
(b) Adoption
of a resolution increasing the contingency for the Fire Station No. 30 Remodel
and Seismic Upgrade Project by $20,000, from $160,000 to $180,000, and
authorizing the Director of Public Works to execute contract change orders
within the approved contingency of $180,000.
CEQA: Exempt. Council District 3. (Public Works/Fire)
Documents
filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated
April 4, 2001, recommending approval of Contract Change Order No. 5 and
adoption of said resolution.
Discussion/Action:
Contract Change Order No. 5 and said related contingency, with Eddie Torrez Construction,
was approved and its execution authorized; and Resolution No. 70275, entitled:
“A Resolution of the Council of the City of San José Increasing the Contingency
from $160,000 to $180,000 for the Fire Station No. 30 Remodel and Seismic
Upgrade Project and Authorizing the Director of Public Works to Execute
Contract Change Orders Within the Approved Contingency of $180,000”, was
adopted. Vote: 11-0-0-0.
2.13 Acceptance of the San José Arena Authority’s Annual Report for Fiscal Year 1999-2000. (San José Arena Authority)
Documents
filed: (1) Memorandum from the San José Arena Authority, dated March 14,
2001, transmitting the Annual Report for FY1999 and recommending acceptance of
the report. (2) Report entitled: San José Arena Authority Annual Report to
the City Council, dated March 2001.
Discussion/Action:
The San José Arena Authority’s Annual Report was accepted. Vote: 11-0-0-0.
2.14 Adoption of a resolution initiating proceedings and setting May 1, 2001 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Edenvale No. 21, which involves the annexation to the City of San José of 18.2 gross acres of land, located on the northerly side of Hillsdale Avenue, 250 feet easterly of Woodmere Court, and detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area. CEQA: Resolution No. 70194. Council District 7. (Planning, Building and Code Enforcement)
(Rules Committee referral 4/11/01)
Documents
filed: Memorandum from Director of Planning, Building and Code Enforcement,
James R. Derryberry, dated April 9, 2001, recommending adoption of said
resolution.
Discussion/Action:
Resolution No. 70276, entitled: “Resolution of the Council of the City of San
José Initiating Reorganization Proceedings for Annexation and Detachment of
Certain Uninhabited Territory Designated as Edenvale No. 21 and Described
Herein, and Setting the Date and Place for Council Consideration of Such
Reorganization”, was adopted. Vote:
11-0-0-0.
2.15 TRACT NO. 9314 - Southeast corner of San Felipe and Delta Roads - Brookfield Madison LLC, A Delaware Corporation (Developer) - 40 single family detached residential units. Adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9314. CEQA: Negative Declaration. Council District 8. (Public Works)
Documents
filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated
April 10, 2001, recommending adoption of said resolutions.
Discussion/Action:
Resolution No. 70277, entitled: “A
Resolution of the Council of the City of San José Fixing Official Curb Grades
and Position of Curbs, and Adopting Plans for Tract No. 9314”; Resolution No.
70278, entitled: “A Resolution of the Council of the City of San José Approving
and Accepting Final Map of Tract No. 9314”; Resolution No. 70279, entitled: “A
Resolution of the Council of the City of San José Approving and Authorizing the
Execution of Contract and Approving Bonds for the Improvement of Tract No.
9314”; and Resolution No. 70280, entitled: “A Resolution of the Council of the
City of San José Approving and Authorizing the Execution of Agreement for the
Water Main Extension, Tract No. 9314”, were adopted. Vote: 11-0-0-0.
2.16 TRACT NO. 9315 - Southeast corner of San Felipe and Delta Roads - Brookfield Madison LLC, A Delaware Corporation (Developer) - 46 single family detached residential units. Approval a parkland agreement and adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9315. CEQA: Negative Declaration. Council District 8. (Public Works)
Documents
filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated
April 10, 2001, recommending adoption of said resolutions.
Discussion/Action:
The Parkland Agreement was approved; Resolution
No. 70281, entitled: “A Resolution of the Council of the City of San José
Fixing Official Curb Grades and Position of Curbs, and Adopting Plans for Tract
No. 9315”; Resolution No. 70282, entitled: “A Resolution of the Council of the
City of San José Approving and Accepting Final Map of Tract No. 9315”;
Resolution No. 70283, entitled: “A Resolution of the Council of the City of San
José Approving and Authorizing the Execution of Contract and Approving Bonds
for the Improvement of Tract No. 9315”; and Resolution No. 70284, entitled: “A
Resolution of the Council of the City of San José Approving and Authorizing the
Execution of Agreement for the Water Main Extension, Tract No. 9315”, were
adopted. Vote: 11-0-0-0.
Vice Mayor Shirakawa, Jr., Chair
Documents
filed: Rules Committee report of April 4, 2001.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
(b) City Council
(1) Review April 17, 2001 Draft Agenda
The Committee approved the April 17, 2001 City
Council Agenda.
(2) Add New Items to April 10, 2001 Amended
Agenda
The
Committee referred one item to the Economic Development and Environment Committee
and recommended twelve additions to the April 10, 2001 Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment
Committee
None
filed for (a), (b).
(c) Education, Neighborhoods, Youth, and
Seniors Committee. Attachment: Amended agenda for the April 16, 2001 meeting of
the Education, Neighborhoods, Youth and Seniors Committee.
The
Committee recommended approval of the amended agenda for April 16, 2001 which
added an item entitled, “Report on the Implementation/timeline for
Skateboarding Parks.”
(d) Ad Hoc Traffic Calming Advisory
Committee
None
filed.
(d) Meeting Schedules. Attachment:
Memorandum from Mayor Gonzales, dated April 2, 2001, amending the schedule for
the Budget Study Sessions.
The
Committee recommended approval to hear the Redevelopment Agency budget at the
May 18, 2001 Study Session.
(e) The Public Record – March 21 to March
27, 2001 Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated
March 29, 2001, listing items transmitted to the Administration and filed for
the Public Record for the period March 21-27, 2001.
The
Committee noted and filed the Public Record.
(f) Boards, Commissions and Committees.
None
filed.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee.
None
filed.
(h) Administrative Reviews and Approval.
Attachment: Memorandum from Director of Intergovernmental Relations, Betsy
Shotwell, dated March 29, 2001, recom-mending approval of Staff’s proposed
recommendation on AB 37 and AB 419.
(1) Approval of staff’s proposed
recommendations on:
AB
37 (Strickland) Sales and use taxes:
exemptions: gasoline and diesel
fuel
AB
419 (Dutra) Public contracts:
design-build contracting:
transportation
The
Committee recommended the following City positions:
Oppose
Assembly Bill 37 (Strickland) and Support Assembly Bill 419 (Dutra)
(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 April 4,
2001, were accepted. Vote: 11-0-0-0.
3.4 Acceptance of the:
(a) Memorandum of Internal Controls issued by Macias, Gini & Company for fiscal year ended June 30, 2000.
(b) Single Audit Report issued by Macias, Gini & Company covering federal grants for the fiscal year ended June 30, 2000.
(Finance)
Documents
filed: (1) Memorandum from Finance Director Scott P. Johnson, dated April
3, 2001, transmitting report entitled: Memorandum on Internal Controls for
FY ended June 30, 2000, prepared by Macias, Gini & Company. (2)
Memorandum from Finance Director Scott P. Johnson, dated April 2, 2001,
transmitting report entitled: Single Audit Report for FY Ended June 30,
2000, prepared by Macias, Gini & Company.
Discussion/Action:
Upon motion by Council Member Williams, seconded by Council Member Shirakawa,
Jr., and unanimously carried, the reports were accepted. Vote: 11-0-0-0.
3.5 (a) Approval of the 4th/5th Street site for the New Civic Center off-site employee parking garage.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute the first amendment to the agreement with Gordon H. Chong & Partners for the schematic design of the 4th/5th Street Garage Project, increasing the compensation by $260,000, for a total agreement amount of $310,000.
(c) Approval
of the second amendment to the agreement with Flack + Kurtz, Inc. for peer
engineering review services for the New Civic Center, extending the term of the
agreement from June 30, 2001 to June 30, 2004, and increasing the compensation
by $75,000, for a total agreement amount of $125,000.
(d) Adoption
of a resolution authorizing the City Manager to negotiate and execute the
second amendment to the agreement with Mock\Wallace Architects for furniture
planning services for the New Civic Center, increasing the compensation by
$50,000, for a total agreement amount of $100,000.
(e) Adoption
of a resolution authorizing the City Manager to negotiate and execute the first
amendment to the agreement with Wilbur Smith Associates for Permit Parking
Analysis and Public Outreach Services to increase the compensation by $30,000,
for a total agreement amount of $165,000.
CEQA: Resolution
No. 68905. (Public Works)
(Rules Committee referral 4/11/01)
Documents
filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated
April 12, 2001, recommending the following actions for the New Civic
Center: (1) Approval of the 4th/5th
Street site for the New Civic Center off-site employee parking garage; (2)
Authorizing the City Manager to negotiate and execute the first amendment to
the agreement with Gordon H Chong & Partners for the schematic design of
the 4th/5th Street Garage Project, increasing the
compensation by $260,000; for a total amount of $310,000; (3) Approval of the
second amendment to the agreement with Flack + Kurtz, Inc. for peer engineering
review services, extending the term from June 30, 2001 to June 30, 2004, and
increasing compensation by $75,000, for a total amount of $125,000; (3)
Approval of a first amendment to the agreement with Mock/Wallace Architects for
furniture planning services, extending the term of the agreement from June 30,
2001 to December 31, 2001, and increasing compensation by $50,000, for a total
amount of $100,000; and (50 Authorizing the City Manager to negotiate and
execute the first amendment to the agreement with Wilbur Smith Associates for
Permit Parking Analysis and Public Outreach Services to increase compensation
by $30,000, for a total amount of $165,000.
Discussion/Action: Addressing the use of
consultants to conduct a permit parking analysis and develop an expanded
volunteer recruitment and training effort to effectively canvass the community,
Council Member Chavez recommended the consultants coordinate their training and
recruitment with Staff from the Strong Neighborhoods Initiative to take
advantage of bilingual abilities and to prepare volunteers for future
neighborhood canvassing needs. Council Member LeZotte requested Staff apprise
her of the green building elements which will be incorporated into the New City
Hall. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member
Chavez, and unanimously carried, the 4th/5th Street site
for the New Civic Center off-site employee parking garage, and the second
amendment to said agreement with Flack + Kurtz, Inc., were approved; Resolution No. 70285, entitled: “A Resolution of the
Council of the City of San José Authorizing the City Manager to Negotiate and
Execute a First Amendment to the Agreement with Gordon H. Chong & Partners
for the Schematic Design of the 4th/5th Street Garage
Project, Increasing Compensation by $260,000, for a Total Amount Not to Exceed
$310,000”; Resolution No. 70286, entitled: “A Resolution of the Council of the
City of San José Authorizing the City Manager to Negotiate and Execute a Second
Amendment to the Agreement with Mock/Wallace Architects for Furniture Planning
Services for the New Civic Center, Increasing Compensation by $50,000, for a
Total Amount Not to Exceed $100,000, and Extending the Term Through December
31, 2001”; and Resolution No. 70287, entitled: “A Resolution of the Council of
the City of San José Authorizing the City Manager to Negotiate and Execute a
First Amendment to the Agreement with Wilbur Smith Associates for Permit
Parking Analysis and Public Outreach Services for the New Civic Center,
Increasing Compensation by $30,000, for a Total Amount Not to Exceed $165,000”,
were adopted. Vote: 11-0-0-0.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
Council Member Williams, Chair
Documents
filed: Economic Development &
Environment Committee report of April 2, 2001.
(a) Status Report on Mayor’s Housing
Production Team Referrals. Attachment: Memorandum from Director of Housing,
Alex Sanchez, dated March 28, 2001, transmitting said Status Report.
The
Committee accepted the Staff report.
(b) Green Building Guidelines.
The
Committee deferred the Staff report on “Green Building Guidelines” to the June
4, 2001 Committee meeting.
(c) Office of Economic Development Report of
Activities: July 1 to December 31, 2000. Attachment: Memorandum from the
Director of Economic Development, Leslie S. Parks, dated March 15, 2001,
transmitting said report.
The
Committee accepted the Staff report.
(d) Final Report on the CHAM/CHAP Pilot
Project
The
Committee deferred this report to 6/4/01 and requested Staff present reasons
for deferral at the April 17, 2001 City Council meeting.
Housing
Director Alex Sanchez reported to Council on deferral of the final report on
the CHAM/CHAP Pilot Project [Item 4.1(d)] to the June 4, 2001 Economic
Development and Environment Committee meeting.
(e) Oral presentation on City’s enforcement
of Mitigation Monitoring Plans (i.e., Storm Water Pollution Prevention Plans)
The
Committee accepted the oral Staff report.
(f) Oral petitions
(1) Phyllis Ward, Affordable Housing
Network, spoke on the need to include the date and Council item number in memos
that are sent to City Council in order for reports to be more conveniently
retrievable.
(2) Jennifer Peritz, Audubon Society, spoke
on the lack of follow-up at various sites previously cited in violation.
(g) Adjournment
The meeting was adjourned at 2:43 p.m.
Discussion/Action:
Upon motion by Council Member Williams, seconded by Council Member Cortese, and
unanimously carried, Economic
Development & Environment Committee report and actions of April 2, 2001,
accepted, with Items 4.1(b) and 4.1(d) deferred to June 4, 2001, and Staff was
directed to provide to Council Member LeZotte copies of the overhead
presentation made at the April 2, 2001 Economic Development and Environment
Committee meeting and a report of the location of the six site violations
issued by the Regional Water Quality Board. Vote: 11-0-0-0.
RECREATION & CULTURAL SERVICES
5.2 Approval of an agreement with Harris and Associates, Inc. for project management consultant services for the Los Gatos Creek Trail Reach 4 - Lincoln/Auzerais Project, from the date of execution of the agreement to October 27, 2003, for a base fee in the amount of $442,000, and additional services in the amount of $25,000, for a total agreement amount of $467,000. Council District 6. (Public Works)
Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated March 28, 2001, recommending approval of said agreement with Harris and Associates, Inc.
Discussion/Action:
Upon motion by Council Member Yeager,
seconded by Council Member Cortese, and unanimously carried, said agreement
with Harris and Associates, Inc., was
approved and its execution authorized. Vote: 11-0-0-0.
ENVIRONMENTAL & UTILITY SERVICES
7.1 (a) Adoption of a resolution approving a new Master Parking Rate Schedule incorporating free parking for clean-air vehicles at City municipal off-street parking facilities and on-street parking meters on a two-year pilot basis.
(b) Adoption of a resolution amending the Schedule of Fees for the Use of Parks and Recreational Facilities incorporating free parking for clean-air vehicles at City regional parks on a two-year pilot basis.
(c) Direct staff to develop an ordinance that prohibits parking of non-electric vehicles in spaces reserved for electric vehicles.
(d) Direct staff to develop guidelines to support the use of Neighborhood Electric Vehicles.
(e) Direct staff to explore opportunities to expand the Alternative Fuel Vehicle Program to increase the City’s fleet of clean-air vehicles where feasible.
(f) Direct staff to review the Bay Area Air Quality Management District model ordinance for Zero Emission Vehicles/Clean Air Vehicles and to develop a Clean Air Program that incorporates aspects of the ordinance that are appropriate for the City of San José.
(Department of Transportation)
(Deferred from 3/27/01 – Item 7.3 and 4/03/01 – Item 7.2)
Documents
filed: (1) Memorandum from Mayor Gonzales and Council Member LeZotte, dated
April 16, 2001, recommending Council approve the Staff recommendations. (2)
Memoranda from Director of Streets and Traffic, Wayne K. Tanda, dated March 13
and April 11, 2001, recommending actions to support and encourage the use of
electric and other clean-air vehicles in San José, pursuant to Council Referral
No. 9-05-00-9d.
Discussion/Action:
The following individuals spoke in support of the proposal: Susan Frank, Steven
and Michelle Kirsch Foundation, Ray Mendoza, American Lung Association, and
Mike Thompson. Upon motion by Council Member LeZotte, seconded by Council
Member Chavez, and unanimously carried, Resolution No. 70288, entitled: “A
Resolution of the Council of the City of San José Adopting a Master Parking
Rate Schedule for Municipal On and Off Street Parking Facilities and for the
Downtown Validation Programs, and Repealing Resolution No. 70091”; and
Resolution No. 70289, entitled: “A Resolution of the Council of the City of San
José Setting the Schedule of Fees for the Use of Parks and Recreational
Facilities and Repealing Resolution No. 69651”, were adopted, and the direction
to Staff in Items 7.1(c) through (f) were approved. Vote: 11-0-0-0.
7.2 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with San Francisco State University for consultant services for the scientific evaluation of the plankton community of the South San Francisco Bay for the period April 18, 2001 through January 31, 2005, in an amount not to exceed $506,000. CEQA: Exempt. (Environmental Services)
Documents
filed: (1) Memorandum from Director of Environmental Services, Carl W.
Mosher, dated March 28, 2001, recommending adoption of said resolution. (2)
Letter from the Treatment Plant Advisory Committee dated April 12, 2001,
stating concurrence with the Staff recommendation.
Discussion/Action:
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez,
and unanimously carried, Resolution No. 70290, entitled: “A Resolution of the
Council of the City of San José Authorizing the City Manager to Negotiate and
Execute an Agreement with San Francisco State University for Consultant
Services for the Scientific Evaluation of the Plankton Community of the South
San Francisco Bay for the Period of April 18, 2001 Through January 31, 2005, in
an Amount Not to Exceed $506,000”, was adopted. Vote: 11-0-0-0.
7.3 Report on bids and approval of award of contract to the low bidder, R.W. French Construction, Inc., in the amount of $869,911.50, for Scheduled/Emergency Repairs and Installation of Potable and Non-Potable Water Services and Mains. CEQA: Exempt. Council Districts 2, 4, 7, and 8. (Environmental Services)
Documents
filed: (1) Memorandum from Director of Environmental Services, Carl W.
Mosher, dated March 28, 2001, recommending award of said contract to the low bidder, R.W. French Construction, Inc. (2)
Letter from the Treatment Plant Advisory Committee dated April 12, 2001,
stating concurrence with the Staff recommendation.
Discussion/Action:
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez,
and unanimously carried, the award of said contract to the low bidder, R.W. French Construction, Inc., was
approved and its execution authorized. Vote: 11-0-0-0.
7.4 (a) Approval of an ordinance:
(1) Amending Chapter 11.52 of Title 11 of the San José Municipal Code to modify the regulations applicable to regular freight loading zones and Special Loading/Unloading Permits, and to authorize the establishment of Special Freight Loading Zones to accommodate unique loading needs;
(2) Establishing a new Chapter 11.51 of Title 11 of the San José Municipal Code to set forth the regulations applicable to curb markings; and
(3) Establishing a new Chapter 11.54 of Title 11 of the San José Municipal Code to set forth the regulations applicable to Passenger Loading Zones, Bus Zones, and Taxicab Zones with no modification of such regulations.
(b) Adoption of a resolution amending Resolution No. 69650, the 2000-2001 Schedule of Fees, to set forth a fee of $17 for issuing a permit to park in a Special Freight Loading Zone and Special Loading/Unloading Permits.
(Department of Transportation)
(Deferred from 4/10/01 – Item 7.3)
Documents
filed: None.
Discussion/Action:
This item was deferred to April 24, 2001.
RECESS/RECONVENE
Following Open Forum, Council
recessed at 2:22 p.m. and reconvened at 7:04 p.m.
Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - None.
City Clerk Patricia L. O’Hearn read the requests for continuances of applications and other actions as recommended. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the below noted continuances and other actions were granted. Vote: 11-0-0-0.
PUBLIC HEARINGS
11.1 PUBLIC HEARING ON SINGLE-FAMILY HOUSE PERMIT for the property located at 1586 Hester Avenue, to allow a first and second-story addition of 1,198 square feet to an existing two-story single-family residence on 0.29 gross acre, resulting in a F.A.R. of 0.30. (Phil & Nicole Brumm, Owner/Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
SF 01-01-009 - District 6
Documents
filed: Memorandum from Planning Commission Secretary James R. Derryberry,
dated April 12, 2001, transmitting the Staff report on SF-01-01-009 dated April
4, 2001, and recommending approval of the subject request and adoption of a
resolution approving the single-family housing permit.
Discussion/Action:
Upon motion by Council Member Yeager, seconded by Council Member Diquisto, and
unanimously carried, Resolution No. 70291, entitled: “Resolution of the City
Council of the City of San José Granting a Single-Family House Permit, Subject
to Conditions, to Use Certain Real Property Described Herein for the Purpose of
Allowing 1,198 Square-Foot First and Second Story Addition to an Existing
Two-Story Single Family Residence”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Shirakawa, Jr.
11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the easterly terminus of Skyway Drive, from (A) PD Planned Development Zoning District and R-1:B-6 Residence District to (A) PD Planned Development Zoning District, to allow: (1) secondary access to Diamond Heights Drive; (2) an increase in the maximum number of students from 1200 to 1400; (3) hard court and parking uses on areas previously designated for open space, and (4) deletion of the requirement to implement a busing program; and (5) combination of the previously approved portions of an existing high school and church campus under one Planned Development Zoning District on 52.68 gross acres. (Valley Christian Schools and South Valley Christian Church, Owner/Developer). CEQA: Negative Declaration.
PDC 00-08-065 - District 2
(Continued from 12/12/00 – Item 15k et al., and 4/03/01 – Item 11.1)
Documents
filed: None.
Discussion/Action:
This item was continued to May 15, 2001.
11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Auzerais and Race Streets (1135 Auzerais Street), from M-1 Manufacturing Zoning District to (A) PD Planned Development Zoning District, to allow for the relocation of a billboard on 2.86 gross acres. (Chester C. Lehmann, Owner/Developer). CEQA: Exempt.
PDC 00-08-082 - District 6
(Continued from 12/12/00 – Item 15n et al., and 4/03/01 – Item 11.2)
Documents
filed: None.
Discussion/Action:
This item was continued to May 15, 2001.
11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the east side of North First Street, 250 feet southerly of Burton Avenue, from CN Neighborhood Commercial Zoning District to A(PD) Planned Development Zoning District, to allow a reduction in parking requirements for existing restaurant uses on 0.36 gross acres. (Cortese, Owner; Tafreshi, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 01-02-013 - District 3 (Continued from 4/3/01 – Item 11.7)
Documents
filed: None.
Discussion/Action:
This item was continued to May 1, 2001.
11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of North 17th and East Saint John Streets, from R-2 Residence Zoning District to A(PD) Planned Development Zoning District, to allow three single-family detached units, including the relocation of two historic structures displaced by the Civic Center Project, on 0.44 gross acres. (Larry Zajonc, Owner; Redevelopment Agency of the City of San José, Developer). CEQA: Resolution No. 68905. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 01-02-025 - District 3
Documents
filed: (1) Memorandum from Planning Commission Secretary James R.
Derryberry, dated April 4, 2001, recommending approval of subject rezoning. (2)
Memorandum from Assistant to the City Manager, Deanna J. Santana, dated April
10, 2001, transmitting the Staff report dated March 20, 2001 on PDC-01-02-025
and recommending approval of the subject rezoning.. (3) Notice of Public
Hearing dated March 9, 2001 and Proof of Publication, executed on March 16,
2001, submitted by the City Clerk.
Discussion/Action:
Upon motion by Council Member Chavez, seconded by Council Member Shirakawa,
Jr., and unanimously carried, Ordinance No. 26348, entitled: “Ordinance of the
City of San José Rezoning Certain Real Property Situated at the Northeast
Corner of East St. John and North 17th Streets”, was passed for
publication. Vote: 11-0-0-0.
11.6 PUBLIC HEARING ON CONFORMING REZONING of the property located on the east side of North Fourth Street opposite Hensley Avenue (450 N. Fourth Street), from LI Light Industrial to R-2 Two Family Residential, to allow residential use on a 0.14 gross acre site. (Redevelopment Agency, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission required.
C 01-02-027 - District 3
Documents
filed: (1) Department of Planning, Building and Code Enforcement Staff
Report on Project File Number C-01-02-027, dated March 28, 2001, recommending
approval of the proposed rezoning. (2) Notice of Public Hearing, dated March
22, 2001, and Proof of Publication, executed on April 6, 2001, submitted by the
City Clerk.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Ordinance No. 26349 entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated East Side of North Fourth Street, Opposite Hensley Avenue”, was passed for publication. Vote: 11-0-0-0.
Open Forum
Testimony
was received from three individuals representing approximately 100 people who
attended as advocates for the homeless population.
Adjournment
The
Council of the City of San José adjourned at 7:08 p.m. to a Traffic Calming
Study Session.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK