MINUTES OF THE
CITY COUNCIL
TUESDAY, JANUARY 19, 1999
The Council of the City of San Jose convened in regular session at 9:30 a.m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Matthews, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to a Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Preservation Action Council of San José v. City of San José; and San José Water Company v. City of San José.
By unanimous consent, Council reconvened from the Closed Session, recessed at 11:00 a.m., and reconvened at 1:33 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Matthews, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
The Reverend Bill Kelly, Pastor of New Community of Faith, delivered the invocation. (District 1)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Council Member Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
The City Council extended cordial welcome to Mrs. Alvina Gonzales, wife of Mayor Ron Gonzales, who attended the first City Council meeting of 1999.
Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr., and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 11-0-0-0.
6e(1) Approval of amendment to employment
agreement with Nora Campos. (Diaz)
Documents Filed: None.
Discussion/Action: The amendment to the employment agreement with Nora Campos was approved. Vote: 11-0-0-0.
COMMISSION,
COMMITTEE, AND STANDING REPORTS
7c Report of the Finance/Agency Finance
Committee – December 9, 1998
Documents Filed: Finance/Agency Finance Committee Report of the meeting on December 9, 1998.
(1) Monthly Financial Statement for October 1998
(2) Capital Cost Report for October 1998
(3) Cash Flow Projection
These items to be heard by the Redevelopment Agency Board.
(4) Monthly Investment Report for October 1998. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated November 23, 1998, transmitting the October 1998 Investment Report.
The Committee accepted the report.
(5) Monthly Financial Report for October 1998. Attachment: Memorandum from Budget Director, Larry D. Lisenbee, dated, December 1, 1998, submitting the jointly prepared Monthly Financial Report for October of 1998.
The Committee accepted the report.
(6) Audit Follow-Up: Management Information-Timeliness Performance Measures. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated November 30, 1998, recommending the Finance Committee note and file the report.
The Committee accepted the staff report.
(7) Audit Follow-Up: Photo Documentation of Rehabilitation Projects. Attach-ment: Memorandum from Director of Housing, Alex Sanchez, dated October 27, 1998, recommending the Finance Committee note and file the report.
The Committee accepted the staff report.
(8) Audit Follow-Up: Recoverable Grants. Attachment: Memorandum from Director of Housing Alex Sanchez, and City Auditor Gerald A. Silva, dated November 30, 1998, recommending the Finance Committee note and file the report.
The Committee accepted the staff report.
(9) Monthly Report for October and November 1998. Attachment: Letter from City Auditor, Gerald A. Silva, dated December 2, 1998, submitting a written report of the Office of the City Auditor’s activities for the month of October 15 through November 30, 1998.
The Committee accepted the staff reports.
(10) Audit of Santa Clara County Property Tax Allocation Process. Attachment: Letter from City Auditor, Gerald A. Silva, dated November 16, 1998, presenting a status report on the Audit of the Santa Clara County’s Property Tax Allocation Process.
The Committee accepted the staff report.
(11) Discussion of Extending KPMG Audit for City’s Financial Statement. Attachment: Letter from City Auditor, Gerald A. Silva, dated November 30, 1998, discussing whether the Office of the City Auditor should exercise the option of extending the KPMG Peat Marwick LLP audit contract for one year or issue a Request for Proposal on the City’s financial statement audit.
The Committee accepted the staff recommendation to exercise the first one-year option with KPMG and extend the contract to December 31, 1999 with the stipulation that an RFP be issued in mid-1999.
(12) Workplan for January – June 1999. Attachment: Finance Committee Workplan for January through June of 1999, as of December 3, 1998.
The Committee accepted the Workplan with the noted changes.
(13) Status Report of Human Resources/Payroll Project. Attachment: Memoran-dum from Director of Human Resources, Nona Tobin, dated December 2, 1998, providing information to the Finance Committee regarding the status and issues of the Human Resources/Payroll Systems Conversion Project.
The Committee accepted the status report.
(14) Oral petitions
Bill Chew, public, invited Chair Woody to appear on his television program; and William Garbett, public, spoke on the City’s practice of selling bonds.
(15) Adjournment
The meeting was adjourned at 10:30 a.m.
Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member Fiscalini and unanimously carried, the Finance/Agency Finance Committee Report and actions of December 9, 1998 were accepted with Items 7c(1), (2) & (3) referred to the Redevelopment Agency Board for consideration on February 18, 1999. Vote: 11-0-0-0.
7d Report of the Housing and Community
Development Committee – December 7, 1998
Documents Filed: Housing and Community Development Committee Report of the meeting on December 7, 1998.
(1) 1999 Public Art Workplan. Attachment: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 25, 1998, recommending approval of Arts Commission recommendations contained in the 1999 Public Art Workplan.
The Committee accepted the Staff report and the 1999 Public Art Workplan.
(2) San José Convention Center Dance Concert Policy.
This item reported to Council on December 15, 1998.
(3) Annual Convention and Cultural Facilities Performance Report. Attachment: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 24, 1998, recommending acceptance of the 1997-98 Convention and Cultural Facilities Division Performance Report.
The Committee accepted the report with Convention Center Staff returning to HCDC Committee in March 1999 with a financial and marketing report for the Convention Center and facilities including the unfinished Convention space facing Market Street.
Discussion/Action: See Item 9a for Council action taken.
(4) Audit Follow-Up on Recoverable Grants. Attachment: Memorandum from Director of Housing Alex Sanchez, and City Auditor Gerald A. Silva, dated November 30, 1998, transmitting that the Housing and Community Development Committee note and file the report on the housing rehabilitation audit recommendation for recoverable grants and interest-free conditional loans.
The Committee noted and filed the Staff report.
(5) City/San José State University Joint Library Project Update (Oral)
The Committee accepted the report.
(6) Workplan for January – June 1999. Attachment: Housing and Community Development Committee Workplans for January through June of 1999 both revised November 30, 1998 and December 3, 1998.
The Committee accepted the Workplan with the addition of the revisions to the community dance concert procedure and the First-Time Homebuyer’s Program and Employer-Assisted Housing issues.
(7) Oral petitions
None presented.
(8) Adjournment
The meeting was adjourned at 4:30 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Diaz and unanimously carried, the Housing and Community Development Committee Report and actions of December 7, 1998 were accepted with Item 7d(3) acted upon at Item 9a. Vote: 11-0-0-0.
GENERAL
GOVERNMENT
9a Acceptance of the Annual Convention
and Cultural Facilities Performance Report
[Housing and Community Development Committee referral 12/7/98 – Item
7d(3)]
Documents Filed: None.
Discussion/Action: This item was deferred to January 26, 1999.
9b (1) Approval of the process to conduct
the executive search for City Manager.
(2) Adoption of a resolution setting forth the executive
search process.
(3) Adoption of related appropriation ordinance amendments in
the General Fund in the total amount of $50,000.
(Mayor)
Documents Filed: (1) Memorandum from Mayor Gonzales, dated January 14, 1999, recommending Council approve the hiring of executive recruitment firm by the Mayor’s Office using the contracting authority of the City Attorney’s Office. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated January 14, 1999, recommending Council approve said appropriation ordinance amendments in the General Fund.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers and unanimously carried, the process to conduct the executive search for City Manger was approved; Resolution No. 68676, “A Resolution of the Council of the City of San José Setting Forth the Executive Search Process for City Manager”; and Ordinance No. 25773, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 Which Appropriates Moneys in the General Fund in the Amount of $50,000, for Executive Recruitment of City Manager; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.
9c Approval of the following budget
redirections:
(1) Amend prior expenditure targets adopted on December 7,
1998 in the FY 1999-2000 Budget Priorities and Direction Memorandum dated
November 25, 1998, from a 1% reduction target for public safety services to
1.5% and from 5% for all other departments to 8%, excluding the Library whose
reduction will be determined by the City Manager.
(2) Amend departmental budget change proposal
procedure to require augmentation proposals have performance measures included
in order to be considered.
(Mayor)
Documents Filed: Memorandum from Mayor Gonzales, dated January 14, 1999, recommending approval of said budget redirections.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Matthews and unanimously carried, the budget directions were approved. Vote: 11-0-0-0.
11a (1) Approval
of the 1999-2000 Council committee and liaison assignments.
(2) Adoption of a resolution by the City Council amending
Council Rules of Conduct Resolution No. 67112 with regard to Council committee
designation and membership.
(3) Adoption of a resolution by the Agency Board amending the
Article IV, Sections 1 and 2 of the Bylaws of the Redevelopment Agency of the
City of San José, with regard to Committee designation and membership.
(Mayor)
Documents Filed: Memorandum from Mayor Gonzales, dated January 14, 1999, recommending approval of the appointments and changes to the Rules Resolution regarding committee structure.
Discussion/Action: As a point of information, Council Committees will be allowed up to five members; the Redevelopment Agency Board will approve consistent amendments to its bylaws with regard to the Finance Committee; the number limit of committees on which Council Members may serve will be removed; the composition of the Rules Committee will be revised to accommodate the appointments recommended herein; and Standing Council Committee names will be changed to: Economic and Community Development (E&CD), Education, Neighborhoods, Youth, and Seniors (ENYS), Finance and Technology (F&T), Rules, and Transportation and Environment (T&E). William J. Garbett spoke against the proposed action. Upon motion by Council Member Fiscalini, seconded by Council Member Diaz and unanimously carried, the 1999-2000 Council committee and liaison assignments were approved; and Resolution No. 68677, entitled: “A Resolution of the Council of the City of San José Amending the Rules for the Conduct of Its Meetings, and Superseding Resolution No. 67112”; and Redevelopment Agency Board Resolution No. 4631 amending Article IV, Sections 1 and 2 of the Bylaws of the Redevelopment Agency of the City of San José, with regard to Committee designation and membership, were adopted. Vote: 11-0-0-0.
The Redevelopment Agency Board adjourned at 1:46 p.m.
(1) Ross Signorino welcomed the newly elected officials; commended the City Council on its endorsement of gun legislation and better use of its water resources; and appealed to the City Council to rescind its approval for the relocation of City Hall to the Downtown.
(2) William J. Garbett spoke against actions proposed in Item 11a(2) & (3).
The Council of the City of San José adjourned at 1:52 p.m. in memory of Helen Arbuckle, a former Historic Landmarks Commissioner, local historian, and long-time resident of Willow Glen; in memory of Robert Perez, Latino leader and advocate for school issues; and in memory of Joshua Roque, resident of District 9, a member of the Police Athletic League soccer team and an avid snowboarder.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK
By: NANCY ALFORD, ASSISTANT CITY CLERK