MINUTES OF THE CITY COUNCIL
The Council of the City of San Jose convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members - Chavez, Diaz, Diquisto, LeZotte, Matthews, Fiscalini, Powers, Shirakawa,
Jr.; Gonzales.
Absent: Council Members - Dando (excused), Woody. (Excused)
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) Preservation Action Council of San José v. City of San José, et al.; (2) City of San José v. TCI; (3) City of San José v. Sun Garden Packing; (4) Zakariae v. City of San José, et al., and (5) Benner v. City of San José, et al.
By unanimous consent, Council reconvened from the Closed Session, recessed at 10:35 A.M., and reconvened at 1:32 P.M. in the Council Chambers.
Present: Council Members - Chavez, Diaz, Diquisto, LeZotte, Matthews, Fiscalini, Powers, Shirakawa, Jr., Woody (arrived 2:35); Gonzales.
Absent: Council Members - Dando (Excused).
INVOCATION
Mr. Reed Grandy, Church of Jesus Christ Latter Day
Saints, delivered the Invocation. (District 2)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
CEREMONIAL ITEMS
5a Presentation of a commendation to the San José Firefighters and CityTeam Rescue Mission for sponsoring a free ham Christmas dinner for homeless San José families. (Matthews)
(Rules Committee referral 2/3/99)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined at the podium by Council Member Matthews for presentation of a commendation to the San José Firefighters for participation in the Free Ham Dinner for the homeless during the holidays. The commendation was accepted by Dick Santos, Fire Captain at the Bureau of Field Operations, on behalf of the San José Firefighters.
5b Presentation of a commendation to the Alviso Santa Program Steering Committee for providing toys, books, and holiday treats to children in Alviso and North San José for more than 10 years. (Matthews)
(Rules Committee referral 2/3/99)
Documents filed: None.
Discussion/Action: Council Member Matthews joined Mayor Gonzales for presentation of a commendation to Alviso Senior Librarian Maria Blankenship and Dick Santos of the Alviso Santa Program Steering Committee in recognition of the organization’s ten years of service to children in Alviso and North San José, with sponsorship of San José Firefighters.
CONSENT CALENDAR
Upon motion by Council Member Fiscalini, seconded by Council Member Diaz and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 9-0-2-0. Absent: Dando, Woody.
Minutes for Approval
6a(1) Annual Review of the San José 2020 General Plan Meeting of November 16, 1998
Documents filed: Minutes of November 16, 1998.
Discussion/Action: The minutes were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
6a(2) Regular Meeting of November 17, 1998
Documents filed: Minutes of November 17, 1998.
Discussion/Action: The minutes were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
6a(3) Joint City Council/Redevelopment Agency Meeting of November 19, 1998
Documents filed: Minutes of November 19, 1998.
Discussion/Action: The minutes were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
Ordinances for Final Adoption
6b(1) ORD. NO. 25778 – Rezones certain real property situated at the southeast corner of Almaden Road and McKean Road. PDC 98-2-106
Documents filed: Proof of publication of title of Ordinance No. 25778 submitted by the City Clerk.
Discussion/Action: Ordinance No. 25778 was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6b(2) ORD. NO. 25779 – Establishes and Underground Utility District at McKee Road and Toyon Avenue.
Documents filed: Proof of publication of title of Ordinance No. 25779 submitted by the City Clerk.
Discussion/Action: Ordinance No. 25779 was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
Plans and Specifications
6d(1) TRACT NO. 9134 – North side of Sinclair Freeway (Highway 280), 100 feet southerly of the terminus of Woodborough Drive – Brookwood Partners, L.P., a California Limited Partnership by: DKB Homes LLC, a California Limited Liability Company, General Partner (Developer) – 18 single family detached residential units. Adoption of resolutions approving the plans, final map, and contract and approval of the Parkland Agreement for Tract No. 9134. CEQA: ND. District 3. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 19, 1999, recommending adoption of said resolutions.
Discussion/Action: Resolution No. 68693, 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. 9134”; Resolution No. 68694, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9134”; and Resolution No. 68695, 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. 9134”; were adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
Contracts/Agreements
6e(1) Adoption of a resolution authorizing the City Manager to negotiate and execute agreements with:
(a) Diversified HealthCare Services to provide workers’ compensation medical bill review services and administer the preferred provider organization (PPO) services at a cost not to exceed $275,000 for the period February 1, 1999 to December 31, 1999, with the option to renew for two (2) years at a cost not to exceed $300,000 per year, subject to Council appropriation of funds.
(b) PHM Diagnostics, Inc. to provide workers’ compensation diagnostic testing organization services at a cost not to exceed $77,917 for the period February 1, 1999 to December 31, 1999, with the option to renew for two (2) years at a cost not to exceed $85,000 per year, subject to Council appropriation of funds.
(Finance)
[Deferred from 12/15/98 – Item 6e(13) and 1/26/99 – Item 6e(2)]
Documents filed: None.
Discussion/Action: Deferred to February 23, 1999.
6e(2) Approval of an agreement with Harding Lawson Associates for monitoring and reporting services for the Story Road Landfill for the period February 2, 1999 to January 31, 2000, in an amount not to exceed $130,318. (Environmental Services)
[Deferred from 2/2/99 – Item 6e(1)]
Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 13, 1999, recommending approval of said agreement with Harding Lawson Associates.
Discussion/Action: The agreement with Harding Lawson Associates was approved and its execution authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(3) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 #18, and authorization for the Director of General Services to execute the purchase orders. (General Services)
[Deferred from 2/2/99 – Item 6e(2)]
Documents filed: Memorandum from Director of General Services, Lynn Macy, dated January 13, 1999, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List No. #18, was approved and execution of the purchase orders authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(4) Adoption of a resolution authorizing the Director of General Services to execute a third amendment to the Maintenance Oversight Agreement with AZTEC/MCE Corporation, expanding the scope of services to include the San José Ice Center and increasing the compensation by $8,736, from $200,180 to $208,916. (General Services)
[Deferred from 2/2/99 – Item 6e(3)]
Documents filed: Memorandum from Lynn Macy, Acting Director of General Services, dated January 26, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68696, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute a Third Amendment to the Agreement with Aztec Consultants/MCE Corporation for Mainte-nance Oversight”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(5) Adoption of a resolution authorizing the City Manager to negotiate a first amendment to the San Jose B.E.S.T. agreement with Social Advocates for Youth for support services to at-risk youth and their families, increasing the grant agreement by $10,000, from $75,000 to $85,000. (Parks, Recreation and Neighborhood Services)
[Deferred from 2/2/99 – Item 6e(4)]
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated January 13, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68697, entitled: “A Resolution of the Council of the City of San José Delegating to the City Manager the Authority to Negotiate and Execute a First Amendment to the San José B.E.S.T. Grant Agreement with Social Advocates for Youth to Increase the Grant Award by $10,000 for a Total Award Not to Exceed $85,000 in Order to Provide Additional Individual and Family Services for the Period September 1, 1998 through August 31, 1999”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(6) Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the San Jose B.E.S.T. agreement with Crosscultural Community Services Center for educational enrichment services for at-risk youth, increasing the grant agreement by $18,000, from $65,000 to $83,000. (Parks, Recreation and Neighborhood Services)
[Deferred from 2/2/99 – Item 6e(5)]
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68698, entitled: “A Resolution of the Council of the City of San José Delegating to the City Manager the Authority to Negotiate and Execute a First Amendment to the San José B.E.S.T. Grant Agreement with Crosscultural Community Services Center to Increase the Grant Award by $18,000 for a Total Award Not to Exceed $83,000 in Order to Provide Additional Individual and Family Services for the Period September 1, 1998 through August 31, 1999”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(7) Approval of an agreement with Levy
Design Partners for architectural and engineering consultant services for the
San José International Airport Terminal C North and South Concourse Restrooms
Project for the period January 1, 1999 to June 30, 2000 in the amount of $92,400, and additional services in
the amount of $13,600, for a total contract amount of $106,000. (Public Works)
[Deferred from 2/2/99 – Item 6e(7)]
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 13, 1999, recommending approval of said agreement.
Discussion/Action: The agreement with Levy Design Partners was approved and its execution authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(8) Approval of the request to substitute KMA Concrete Construction for ACR Construction to perform the concrete work for the Women’s Residential Center Project, at no additional cost to the City. CEQA: ND. (Public Works)
[Deferred from 2/2/99 – Item 6e(8)]
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 13, 1999, recommending approval of the proposed substitution.
Discussion/Action: The substitution of KMA Concrete Construction for ACR Construction on said project was approved. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(9) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 19, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents filed: Memorandum from Acting Director of General Services, Lynn Macy, dated January 21, 1999, recommending approval of said open purchase order list.
Discussion/Action: The award of open purchase orders List No. #19 was approved and execution of the purchase orders authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(10) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Friends of San José Beautiful to act as the fiscal agent for the disbursement of beautification grants for the period July 1, 1998 to June 30, 2000, in an amount not to exceed $2,500 for each year of the term, only after sufficient funds have been appropriated. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated January 21, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68699, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with the Friends of San José Beautiful for the Distribution of San José Beautiful Grants”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(11) Adoption of a resolution authorizing the City Manager to negotiate and execute the first amendment to the San José B.E.S.T. grant agreement with the Mexican American Community Services Agency for services to at-risk high school aged youth (21st Century Project), increasing the grant agreement by $20,000, from $185,000 to $205,000. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated January 21, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68700, entitled: “A Resolution of the Council of the City of San José Delegating to the City Manager the Authority to Negotiate and Execute a First Amendment to the San José B.E.S.T. Grant Agreement with Mexican American Community Services Agency to Increase the Grant Award by $20,000 for a Total Award Not to Exceed $205,000 in Order to Provide Additional Services for the Period September 1, 1998 through August 31, 1999”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(12) Adoption
of a resolution authorizing the City Manager to negotiate and execute
a master agreement with the San José Conservation Corps, Inc. (SJCC) to carry
out community improvement activities for the period February 10, 1999 to
February 9, 2000. (City Manager’s
Office)
[Rules Committee referral 2/3/99)
Documents filed: Memorandum from Director of Equality Assurance, Nina S. Grayson, dated February 5, 1999, recommending adoption of said resolution.
Discussion/Action: Council Member Matthews stated Conservation Corps does valuable work for the districts in areas such as parks maintenance, creek cleanup, etc., and since it has been a long time since the master agreement was reviewed, she requested Staff work with the Corps to determine the feasibility of increasing the agreement with the Corps, which would provide job training for Corps members and provide cost effective service to the City. Resolution No. 68701, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a One Year Master Agreement with the San José Conservation Corps to Carry Out Community Improvement Activities for the Period of February 10, 1999 to February 9, 2000”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
Routine Legislation
6f(1) Adoption of a resolution repealing Resolution No. 68146 to re-establish speed limits Citywide with changes to the following roadways within the City of San José:
(a) Beswick Drive, from Cottle Road to Blossom Hill Road, 40 miles per hour.
(b) Camden Avenue, from Montalban Drive to Montego Drive, 45 miles per hour.
(c) Delta Road, from San Felipe Road to Mackin Woods Lane, 35 miles per hour.
(d) San Felipe Road, from Villages Parkway to 1000 feet south of Heartland, 35 miles per hour.
(e) Lanai Avenue, from Pensacola Drive to Tully Road, 30 miles per hour.
(f) 7th Street, from Commercial Street to Julian Street, 30 miles per hour.
(g) Race Street, from San Carlos Street to The Alameda, 30 miles per hour.
(h) Margaret Way, from 7th Street to 5th Street, 30 miles per hour.
CEQA: Exempt. (Streets and Traffic) [Deferred from 2/2/99 – Item 6f(1)]
Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 28, 1999, recommending adoption of said resolution.
Discussion/Action: This item was dropped from the agenda.
6f(2) Adoption of an urgency ordinance amending Section 4.10.410 of Chapter 4.10 of Title 4 of the San José Municipal Code to make a technical correction regarding the time for appeal of a debarment decision. (City Attorney’s Office)
Documents filed: Memorandum from City Attorney Joan R. Gallo, dated February 2, 1999, recommending adoption of said urgency ordinance.
Discussion/Action: Ordinance No. 25780, entitled: “An Urgency Ordinance of the City of San José Amending Section 4.10.410 of Chapter 4.10 of Title 4 of the San José Municipal Code to Make a Technical Correction Regarding the Time for Appeal of a Debarment Decision”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6f(3) Approval of Council Member Charlotte Powers’ travel to Washington, D.C., March 14-17, 1999, to attend the American Public Transportation Agency Conference. Funding: Santa Clara Valley Transportation Agency. (Powers)
Documents filed: Memorandum from Council Member Powers, dated January 19, 1999, requesting approval for said travel.
Discussion/Action:
The travel for Council Member Powers was approved. Vote:
9-0-2-0. Absent: Dando, Woody.
6f(4) Approval of Council Member Charlotte Powers’ travel to Washington, D.C., March 22-24, 1999, to attend the American Association of Airport Executives Airline Alliance and Airport Competition Issues Workshop. Funding: Airport. (Powers)
Documents filed: Memorandum from Council Member Powers, dated January 19, 1999, requesting approval for said travel.
Discussion/Action:
The travel for Council Member Powers was approved. Vote:
9-0-2-0. Absent: Dando, Woody.
6f(5) Approval of Council Member Alice Woody’s travel to Washington, D.C., March 13-17, 1999, to attend the American Public Transportation Agency Conference. Funding: Santa Clara Valley Transportation Agency. (Woody)
Documents filed: Memorandum from Council Member Woody, dated January 26, 1999, requesting approval for said travel.
Discussion/Action:
The travel for Council Member Woody was approved. Vote:
9-0-2-0. Absent: Dando, Woody.
6f(6) Approval of additional 1999-2000 City Council Committee and liaison appointments. (Mayor)
(Rules Committee referral 2/3/99)
Documents filed: Memorandum from Mayor Gonzales, dated February 2, 1999, recommending approval of additional 1999-2000 appointments.
Discussion/Action: The recommended additional 1999-2000 City Council Committee and liaison appointments were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
6f(7) Appointments to Project Diversity Screening Committee. (Mayor)
(Rules Committee referral 2/3/99)
Documents filed: Memorandum from Mayor Gonzales, dated February 4, 1999, recommending the appointment of Noemi Baiza, Dale Warner, Huong Nguyen, and James Williams to the Project Diversity Screening Committee.
Discussion/Action: The recommended Project Diversity Screening Committee appointments were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
6f(8) Approval for Acting City Manager Debra J. Figone to travel to the National League of Cities Conference, March 5-9, 1999, in Washington, D.C. (City Manager’s Office)
(Rules Committee referral 2/3/99)
Documents filed: Memorandum from Acting City Manager, Debra J. Figone, dated February 4, 1999, requesting approval for said travel.
Discussion/Action:
The travel for Acting City Manager Figone was approved. Vote:
9-0-2-0. Absent: Dando, Woody.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee - Meeting of January 20, 1999
(Deferred from 2/2/99 – Item 7b)
Documents filed: Rules Committee report of January 20, 1999.
(1) Review February 2, 1999 Council Agenda
The Committee canceled the February 2, 1999 Council meeting pending notification to the City Clerk by the Administration of an issue regarding storm sewer rates.
(2) Add New Items to January 26, 1999 Amended Council Agenda
The Committee approved one change and two additions to the January 26, 1999 Council agenda.
(3) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated January 14, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period December 2, 1998 – January 12, 1999. (2) Memorandum from Council Liaison Norberto Dueñas, dated January 19, 1999, summarizing actions taken on the items transmitted to the Administration and those items filed for the Public Record for the period December 2, 1998 – January 12, 1999.
Regarding Item (b) on the Public Record, the Committee directed the Administration to inform the Senior Citizens Commission that the City has endorsed the Santa Clara County Violence Prevention Action Plan. The Committee noted and filed the Public Record.
(4) Boards and Commissions
(a) Federated Retirement Board of Administration. Attachment: (1) Memo-randum from the Federated Retirement Board of Administration, dated January 13, 1999, recommending continuation of Jeffrey Perkins as the public member on the board. (2) Memorandum from the Civil Service Commission, dated December 14, 1998, informing the Mayor and Council that Civil Service Commissioner Tanya Young had been nominated to serve as that Commission’s representative on the Federated Retirement Board of Administration.
The Committee recommended reappointment of Jeffrey Perkins as the Public Member for a term ending November 30, 2002 and appointment of Tanya Young as the Civil Service Commission Representative for a term ending December 1, 2001.
(b) Deferred
Compensation Advisory Committee. Attachment: Memo-randum from Director of Human
Resources, Nona Tobin, dated
December 15, 1998, recommending appointment of Tim Callahan to the Deferred
Compensation Advisory Committee.
The Committee recommended appointment of Tim Callahan to a term effective March 1, 1999 and expiring March 1, 2001.
(5) Approve 1999 City-Sponsorship of State Legislation
(a) School Availability
(b) Rental Car Facility Fees
(c) Court Procedures with Regard to Permits for First Amendment Uses
This item was heard by the Council on January 26, 1999.
(6) Council Referrals for Assignment to Appropriate Committee, Administration or Council Appointee
There were none.
(7) City Council and Rules Committee meeting schedules
(a) Schedule Continuation of Council Discussion of Retirement Issues
The Committee directed the Administration to meet with the Federated Retirement Board and the Police and Fire Retirement Board represent-atives to schedule a mutually agreeable date to continue the Council discussion of retirement issues.
(8) Oral communications
None presented.
(9) Adjournment
The meeting was adjourned at 3:00 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of January 20, 1999, was accepted. Vote: 9-0-2-0. Absent: Dando, Woody.
7b Report of the Rules Committee - Meeting of January 27, 1999
Documents filed: Rules Committee report of January 27, 1999.
(1) Review February 9, 1999 Council Agenda
The Committee approved the February 9, 1999 Council Agenda.
(2) Add New Items to February 2, 1999 Amended Council Agenda
The Committee canceled the February 2, 1999 Council meeting.
(3) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated January 21, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period January 12-19, 1999.
The Committee noted and filed the public record.
(4) Boards and Commissions
(a) Project Diversity Screening Committee. Attachment: Memorandum from Council Member Diaz, dated January 26, 1999, recommending appointment of Steve Arevalo to the Project Diversity Screening Committee.
The Committee recommended appointment of Steve Arevalo to the Project Diversity Screening Committee for a two-year term ending December 31, 2000, and continued to the February 10, 1999 Rules Committee meeting the appointment of two additional members.
(5) Request to use Council General funds to attend League of California Cities’ Board of Directors’ Meeting, January 28, 1999, in Los Angeles, CA.
The Committee dropped this item.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(7) City Council and Rules Committee meeting schedules
There were none.
(8) Oral communications
None presented.
(9) Adjournment
The meeting was adjourned at 2:40 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of January 27, 1999, were accepted. Vote: 9-0-2-0. Absent: Dando, Woody.
7c Report of the Finance and Technology Committee – January 27, 1999
Documents filed: Finance and Technology Committee report of January 27, 1999.
(1) Monthly Financial Statement for December 1998
(2) Capital Cost Report for December 1998
(3) Cash Flow Forecast for December 1998
Discussion/Action: Items 1-3 were heard by the Redevelopment Agency Board.
(4) Monthly Investment Report for November 1998. Attachment: November 1998 Investment Report.
The Committee accepted the report.
(5) Monthly Financial Report for November 1998. Attachment: Attachment: Memorandum from Budget Director Larry D. Lisenbee, dated January 5, 1999, transmitting the November 1998 Financial Report.
The Committee accepted the report.
(6) December Monthly Report. Attachment: Letter from City Auditor Gerald A. Silva, dated January 19, 1999, transmitting Report of Activities and Findings
The Committee noted and filed the report.
(7) Sales and Business Tax Quarterly Ending September 30, 1998. Attachment: Memorandum from City Auditor Gerald A. Silva, dated January 13, 1999, transmitting the Sales and Business Report.
The Committee accepted the report.
(8) Police Department Cash Funds Audit Report. Attachment: Memorandum from City Auditor Gerald A. Silva, dated January 20, 1999, transmitting said Report.
The Committee approved the audit report and recommendations.
(9) Y2K Status Report. Attachment: Memorandum from Ken Phillips, Director of Information Technology, dated January 19, 1999, transmitting said report.
The Committee accepted the Staff report with the stipulation that this item be brought to the Rules Committee and an update brought back to the Finance and Technology Committee in March.
Discussion/Action: See Item 9e for Council action take.
(10) Discussion of Workplan. Attachment: Memorandum from Council Member Woody, dated January 21, 1999, recommending amending the Workplan to include technology master planning, improved public assess through technology and other related policies.
The Committee accepted the Workplan with the noted changes.
(11) Oral petitions
None presented.
(12) Adjournment
The meeting was adjourned at 11:35 p.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr., and unanimously carried, the Finance and Technology Committee report and actions of January 27, 1999, were accepted. Vote: 9-0-2-0. Absent: Dando, Woody.
GENERAL GOVERNMENT
9a Discussion of the public dance concert policy for
the San José McEnery Convention Center.
[Housing and Community Development Committee referral
12/7/98 – Item 7d(2)]
(Deferred from 12/15/98 – Item 9t and 1/26/99 – Item
9b)
Documents filed: None.
Discussion/Action: This item was deferred to February 23, 1999.
9b (1) Designate the team of D. W. Sivers Company and The Hoop USA, Inc. as the successful candidate from the City’s Request for Qualifications process for the potential development and operation of an indoor court sports facility at the City-owned property located near the southwest corner of Tully Road and Kenoga Drive.
(2) Authorization for staff to enter into exclusive negotiations with the Sivers team for the purposes of preparing a design for the proposed facility and proposed business terms for Council consideration.
(City Manager’s Office)
(Deferred from 12/15/98 – Item 9b et al., and 2/2/99 – Item 9b)
Documents filed: None.
Discussion/Action: This item was deferred to February 23, 1999.
9c Acceptance of the Brown & Caldwell,
consultant, Storm Sewer Service Charge Study Report and direction for public
notice of proposed rate revisions. (Public Works)
(Deferred from 2/2/99 – Item 9a)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 29, 1999, recommending acceptance of the Brown & Caldwell Storm Sewer Service Charge Study report and direction for public notice of proposed rate revisions. (2) Report entitled, “Storm Sewer Service Charge Study”, dated January 1999, prepared for the City by Brown & Caldwell, consultants. (3) Memorandum from Mayor Gonzales, dated February 9, 1999, recommending Council hold the public hearing on this item and direct Staff to report back on February 16, 1999 with responses to the questions contained therein. (4) Memorandum from Council Member Fiscalini, dated February 9, 1999, raising questions for Staff’s response. (5) Hard copies of the video presentation made to the Council by the Department of Environmental Services.
Discussion/Action:
Director of Environmental Services, Carl W. Mosher, presented the Staff report.
He stated in December 1998 when Staff presented the consultant’s summary
related to the storm sewer service charge, Council directed Staff to provide a
copy of the consultant’s report, the storm sewer service charge budget,
information pertaining to rate setting alternatives, a recommendation for the
rate basis, and bench-marking related to other cities. He noted that Council
had accepted the Staff recommendation in December with little discussion
related to the charge. However, in response to questions that have since
arisen, he explained that when the sewer service charge was established in
1991, the program was based on the sewage flow, similar to the sanitary sewer
fee for each parcel. Because of changes in the program related to activities
for which the charge is used, Staff determined that a rate increase would
require the fee to be restructured, and a consultant was engaged to evaluate
the current program and make recommendations for use in determining what a
different fee-based program could be based upon, the services provided, and who
would pay the fee, to assure the cost of the service provided would be paid by
those who need the service. He stated the fee currently is used for operation
and maintenance of the storm sewer system, capital improvements related to
replacement and rehabilitation of existing infrastructure, and the pollution
prevention program related to the City’s NPDES permit. He stated the consultant
was asked to analyze the establishment of rates based on storm runoff rather
than the sanitary discharge of each parcel, fees proportionate to benefits and
services received on a parcel basis, and increasing revenues to provide full
cost recovery for the proposed storm program which will come before Council in
the spring, and stated there are increased costs associated with continuing the
storm programs in the capital, operating, maintenance and non-point source
permit areas. He stated the alternatives which were considered are outlined in
the Staff report, that Staff recommends Alternative 4, which would base rates
on the amount of storm water runoff from the parcel and the type and severity
of pollutants generated on the parcel. He stated that after meeting with church
groups and property owner associations, Staff lowered the church parcel basis
to incorporate a school-type category for quality-based runoff based on the
volume of usage of the parcel. For purposes of equitability, he stated
modifications were made to structure the billing rate based on two parcel
concepts, i.e., single and multi-family residential units would be based on a
flat rate on a parcel-by-parcel basis, and high multi-family, commercial,
industrial, and churches and public agencies would be based on acreage of the
parcel, averaged for residential units, and individually calculated for
industrial commercial parcels. He concluded by recommending Staff report back
on February 23 with responses to questions raised and with a rate structure
which Council could tentatively approve. Director Mosher stated the majority of
the parcels relate to the general acreage figures and if individual rates were
charged, the City would have to do the billing, whereas residences are now
charged one rate and billed through the Assessor’s Office, and Staff will
report back on
the breakdown between the acreage based portion of the fee, and the smaller
quality based portion. Council Member LeZotte referenced Attachment 5 of the
December Staff report and stated the quality component would contraindicate the
decreased fees for large shopping centers. Director Mosher stated that would be
the likely conclusion if industrial parcels were reviewed by type and
intensity; however, that approach would involve a more detailed process and
stated Staff would review and report back on that issue. In reply to questions
from Council Member LeZotte about mobile home rates and how to assure that
decreases are passed to the residents, Mayor Gonzales stated the legal staff is
reviewing that issue for report back to Council and Staff will report back on
Council Member LeZotte’s request for clarification of the distinctions between
Alternatives 2 and 4, and on Council Member Powers’ question about using the
number of units in a mobile home park rather than the acreage to calculate
rates. Council Member Diaz stated he agrees with recommendations from Mayor Gonzales
and Council Member Fiscalini, expressed concerns with the Staff proposal on the
alternatives, that recovery methods appear not to be equitable between
residential and non-residential fees, and requested Staff provide another
alternative which could provide more equitability. Director Mosher stated Staff
will provide the information requested in two weeks, however, was unsure
whether an additional alternative could be available in that length of time.
Council Member Shirakawa, Jr., stated the more important of the issues to be
considered is the question of how efficient the process will be in the future
and basing the fee structure on the kind of increases that will be needed, and
suggested fee increases not be proposed until the system has been made as
efficient as possible. Council Member Diquisto asked if rates are not
increased, would rate restructuring need to be done. Director Mosher explained
that if in the future additional revenue is necessary, a rate restructuring
would have to be done before fees could be increased. Council Member Diquisto
asked that information on the potential for Redevelopment Agency funding for
sewer service in redevelopment areas be reported back to the Council. William
Garbett addressed the Council on methodology issues. Jorj Tilson, Manufactured
Housing Educational Trust, Santa Clara County, raised issues of equity
pertaining to mobile home owners. Upon motion by Council Member Fiscalini,
seconded by Council Member Powers, and carried unanimously, the recommendations
in memoranda from Mayor Gonzales dated February 9, 1999, and Council Member
Fiscalini dated February 9, 1999, and the questions raised by Council Members,
including the feasibility of obtaining residential square footages for use in
calculating residential fees, the potential for using the quality component in
determining industrial parcel fees, the feasibility of basing mobile home park
fees on the number of units rather than acreage and assuring that any fee
decreases are passed on to residents, the feasibility of the Redevelopment
Agency funding maintenance in redevelopment areas; clarifying the differences
between Alternative 2 and 4, and to prepare another alternative for Council
consideration, if time permits, were referred to Staff to report back to Council
on February 23, 1999.
9d (1) (a) Adoption of a resolution approving the Bailey
Avenue/Highway 101 Freeway Interchange Project in North Coyote Valley.
(b) Adoption of resolutions authorizing the City Manager to negotiate and execute the following agreements to implement the Interchange Project:
(1) A cooperation agreement with the State of California providing for the design and development of the Project.
(2) A
cooperation agreement with Coyote Valley Research Park, L.L.C. to provide for
reimbursement to City by developer of City’s costs arising from the above
cooperation agreement with the State and payment to the City of $50,000 to
cover other city staff costs related to the interchange project.
CEQA:
Resolution to be adopted.
(Public Works)
[Deferred from 2/2/99 – Item 6e(6)]
(2) Adoption of a resolution authorizing the City Manager to negotiate and execute a cooperation agreement with Coyote Valley Research Park, LLC (Developers), to obtain a developer contribution of a deposit for City staff-work relative to the following:
(a) Coordination with Union Pacific Railroad and the California Public Utility Commission for the grade-separated Bailey Avenue crossing of the railroad adjacent to Monterey Highway.
(b) Inter-Agency coordination and design review relative to the proposed Coyote Creek Bridge crossing.
(c) Investigation of the feasibility of forming a finance district for public improvements related to future development of North Coyote Valley.
(d) A storm detention facility that will be required of development of North Coyote Valley.
(e) A water tank required of development of North Coyote Valley.
(Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 26, 1999, recommending adoption of said resolutions.
Discussion/Action:
Rajeev Batra, Deputy Director of Planning, Building and Code Enforcement, made
the Staff presentation. He stated that following a General Plan amendment in
1983 to include the North Coyote Valley area as a Campus Industrial
Development, development guidelines were prepared, of which the Bailey
interchange is an integral part, and an Environmental Impact Report was
prepared in 1991 for the interchange, but there was no activity prior to that
since the mid-1980s. He stated a group of developers recently have shown
interest in the area and wish to have the interchange process resumed, and
since Caltrans will be the owner and operator of the interchange and will only
deal with public agencies, the Administration recommends
the City enter into an agreement with the developer group to pay Staff costs to
work with Caltrans to develop the interchange project. Council Member Powers
moved Council approve the Staff recommendation and make the following findings
of overriding considerations: “The Environmental Impact Report identified loss
of agricultural land as significant and unavoidable. The Bailey/101 Interchange
will develop capacity to allow a portion of North Coyote Valley to develop in
the near term in accordance with the General Plan and will provide needed
employment opportunities to address the jobs/housing balance and the economic
development strategy of the General Plan. The project will provide unparalleled
access to North Coyote Valley, a key industrial area as set forth in the
General Plan. These benefits outweigh the significant, unavoidable
environmental impacts.” Council Member Diquisto seconded the motion. On a call for the question, the motion
carried unanimously and Resolution No. 68702, entitled: “A Resolution of the
Council of the City of San José Approving Construction of an Interchange on
Highway 101 at Bailey Avenue”; Resolution No. 68703, entitled: “A Resolution of
the Council of the City of San José Authorizing the City Manager to Negotiate
and Execute a Cooperative Agreement with the State of California Providing for
the Design and Related Development of the Bailey Avenue/Highway 101 Interchange
Project”; Resolution No. 68704, entitled: “A Resolution of the Council of the
City of San José Authorizing the City Manager to Negotiate and Execute a
Cooperative Agreement with Coyote Valley Research Park, L.L.C. to Provide for
Acceptance of the City’s Cost and Obligations Arising from a Proposed
City/State Agreement for the Bailey Avenue/Highway 101 Interchange Project”;
Resolution No. 68705, entitled: “A Resolution of the Council of the City of San
José Making Certain Findings Concerning Impacts and Mitigation Measures, in
Accordance with the California Environmental Quality Act for U.S. 101/Bailey
Avenue Interchange, Monterey Road/Bailey Avenue Interchange and Bridge and
Overcrossing Project for Which an Environmental Impact Report has Been
Prepared; and Resolution No. 68706, entitled: “A Resolution of the Council of
the City of San José Authorizing the City Manager to Negotiate and Execute a
Cooperation Agreement with Coyote Valley Research Park, L.L.C. to Pay for
Certain City Staff Costs Associated with Development of the North Coyote
Valley”, were adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
Council Member Woody arrived during the discussion on item 9e.
9e Y2K Status Report.
[Finance and Technology Committee referral 1/27/99 – Item 7c(9)]
Documents filed: (1) See Item 7c(9) for documents filed. (2) Hard copies of overhead transparencies used in the Staff presentation.
Discussion/Action:
Council Member Fiscalini stated when the Year 2000 or Y2K issue was heard by
the Finance and Technology Committee, it was considered so important that the
Committee recommended Council receive a full report on the issue to be well
informed on Y2K issues. Ken Phillips, Director of Information Technology,
presented the Staff report and stated the City began work on the Y2K problem in 1997, a full time manager
was hired and a task force was formed with representatives from all City
departments. He stated the Y2K project was divided into two major areas, the
traditional computer systems and the embedded systems and the project
management team which oversees both areas is comprised of direct involvement
from the City Manager’s Office, the Information Technology Director and Deputy
City Manager Kay Winer; and project administration is performed by Mark Burton
from the Finance Department. He stated the first systems addressed were
in-house business computer systems, or the traditional computer systems, in the
Department of Information Technology, followed by dedicated departmental
systems, personal computers, local and wide area networks, and computer chips
that are embedded throughout the City in various forms of equipment. He stated
every City department has a designated Y2K Project Coordinator, that a
subcommittee of public safety and public health departments has been formed,
and the in-house business systems or the traditional systems are on schedule
and close to completion, the inventory of those systems was completed in
November 1997, the assessment completed in February 1999, the remediation will
be completed in March 1999 and all testing of in-house business sitemaps will
be completed by June of 1999. He indicated the area of greatest concern is
general purpose chips used in embedded systems, and those chips are found in
many electrically operated functions in the City of San José, such as traffic
controllers, elevators, motor vehicles, telephone switches, airport runway
lights, water and sewage plants, office equipment, water treatment processing
equipment, and an inventory and assessment of those systems is expected to be
completed by the end of February. He stated embedded chips will be the focus of
a new Health and Public Safety Committee, consisting of the departments of
Police, Fire, Airport, Streets and Traffic, Environmental Services, General
Services and Information Technology, which will cover issues such as
categorizing Mission Critical systems, systems testing, contingency planning,
January 2000 Staffing, activation of the Emergency Operations Center operation,
interdepart-mental sharing of resources, outside agency contacts, and public
information. He noted that when the
contractor, Solutions Plus, completes the inventory and assessment of embedded
systems at the end of February 1999, more will be known about the Y2K readiness
of those embedded systems components. He explained the Mission Critical ranking
for prioritizing public health and public safety systems, with category #1
denoting systems which are essential to public health and safety, such as
public safety radios, traffic signals, sanitary sewer, water delivery, medical
aid services, police and fire vehicles, airport runway lights, telephones and
computer aided dispatching systems; Mission Critical 2 are systems which have
severe operational impacts such as street lights, automated security systems,
stand-by power generators, police radar systems, cell phones, non-public safety
radios, and some business systems, and Mission Critical 3 systems such as
elevators, heating and air conditioner units, parking control systems, office
systems, E-Mail, word processing, copying machines and some business systems,
have moderate operational impacts. He stated Mission Critical 1 systems will
have each component physically tested rather than relying on the word of
the vendor as to their Y2K readiness, that the areas of greatest concern
pertain to agencies outside the City that provide services and products, the
most critical of which is electricity and, although some mission critical
systems have power generators, most do not have their own source of power.
While massive power outages are not expected, he stated that is the area of
greatest vulnerability, and others are water source for the municipal water
system and telephone services from Pacific Bell. He stated other areas of concern are chips that are so embedded
in closed systems they cannot be tested, necessitating reliance on the
manufacturer’s word as to Y2K readiness. He stated until the inventory and
assessment phases of the project are completed later in the month, Staff will
not know the full extent of the problem and, although serious problems are not
expected, it is likely certain functions that are embedded in our systems will
not be compliant and will need to be replaced. In summation, he stated the City
has taken a proactive approach to the Y2K problem and has made significant
progress, that much remains to be accomplished, especially in the area of
embedded chips, and with the continued cooperation from all departments, the
Administration expects to be ready for the new millennium. Mayor Gonzales
thanked Director Phillips and the Administration for their work on this issue
and stated two issues of concern for him are how prepared will be the San
José’s city government and also how prepared will be the City as a whole, and
requested information on how other communities are preparing for the more
serious potentialities, such as restricting vacations and time off, etc., and
asked Staff to report back to the Finance and Technology Committee. Council
Member Diquisto stated he is liaison to the County’s Office of Emergency
Preparedness and related to the Council the measures that the County is taking
to prepare. Responding to questions pertaining to testing, Director Phillips
stated the airport is taking the leading roll in testing pursuant to the
Federal Aviation Administration’s mandate that the airport be compliant by July
1999. Upon motion by Council Member Woody, seconded by Council Member Powers
and unanimously carried, the report was accepted and Staff directed to report
back to the Finance and Technology Committee on the level of Y2K preparedness
in the various sectors of San José, including those outside of the City of San
José’s jurisdiction. Vote: 10-0-1-0. Absent: Dando.
9f Adoption of a resolution authorizing the Director of General Services to:
(1) Exercise the options to extend the following City-generated tow contracts:
(a) Matos Automotive Enterprises, Inc. (Zone One).
(b) City Tow, Inc. (Zone Two)
(c) Century Tow (Zone Three)
(d) Motor Body Company, Inc. (Zone Four)
(e) Courtesy Tow Service, Inc. (Zone Five)
(f) Delta Towing, Inc. (Zone Six)
(2) Exercise three (3) additional 1-year options to extend the City-generated tow contracts.
(General Services)
Documents filed: None.
Discussion/Action: This item was deferred to February 16, 1999.
9g (1) Report on RFP for the Integrated Development Tracking System (IDTS) Project and:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Intergraph Corporation for integration services and Geographic Information System (GIS) software for the period January 26, 1999 to June 30, 2000, in an amount not to exceed $3,547,218.
(b) Rejection of proposal for Permit Software and direction to issue an RFP for the selection of a Permit Software vendor.
(General Services)
(2) Approval of an agreement with KPMG, LLP for project management of the Integrated Development Tracking System (IDTS) Project for the period February 2, 1999 to June 30, 2000, in the amount of $350,000. (Planning, Building, and Code Enforcement)
(3) Approval of an agreement with Psomas and Associates for an independent analysis of the IDTS Project for the period February 9, 1999 to December 30, 1999, in the amount of $85,000. (Planning, Building and Code Enforcement)
Documents filed: (1) Memorandum from Lynn Macy, Acting Director of General Services, dated January 21, 1999, recommending the agreement with Intergraph Corporation for Integration Services and for Geographic Information System (GIS) Software be approved, the proposal for Permit Software be rejected and Staff directed to issue an RFP for the selection of a Permit Software vendor. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 21, 1999, recommending approval of said agreement with Psomas and Associates for an independent analysis of the IDTS Project.
Discussion/Action:
Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and
unanimously carried, Resolution No.
68707, entitled: “A Reso-lution of the Council of the City of San José
Authorizing the City Manager to Negotiate and Execute an Agreement with
Intergraph Corporation for Integration Services and for Geographic Information
System (GIS) Software”, was adopted; authorization to reject the proposal for
Permit Software and issuance of an RFP for the selection of a Permit Software
vendor was approved; consideration of the proposed agreement with KPMG, LLP for
project management of the Integrated Development Tracking System Project was
deferred to February 23, 1999; and the proposed agreement with Psomas and
Associates for an independent analysis of the IDTS Project, was approved. Vote:
10-0-1-0. Absent: Dando.
9h Adoption of a resolution:
(1) Approving business terms for a permanent loan of up to $5,480,000 to Parkside Glen, L.P. for the 180-unit Parkside Glen family housing project affordable to low- and very low- income families on a 7.56-acre site located on the south side of Hillsdale Avenue, between Pearl Avenue and Narvaez Avenue.
(2) Authorizing the director of Housing to negotiate and execute loan documents evidencing such loan on behalf of the City.
(Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated January 21, 1999, recommending adoption of said resolution.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, Resolution No. 68708, entitled: “A Resolution of the Council of the City of San José (1) Approving Business Terms for a Permanent Loan of Up to $5,480,000 to Parkside Glen, L.P., for the 180-Unit Parkside Glen Family Housing Project Affordable to Low-and Very Low-Income Families on a 7.56-Acre Site Located on the South Side of Hillsdale Avenue, Between Pearl Avenue and Narvaez Avenue; and (1I) Authorizing the Director of Housing to Negotiate and Execute Loan Documents Evidencing Such Loan on Behalf of the City”, was adopted. Vote: 10-0-1-0. Absent: Dando.
9i Adoption of a resolution:
(1) Approving business terms for an acquisition and permanent loan of up to $325,468 to AIDS Resources, Information and Services (ARIS) for the purchase of a five-bedroom single-family residence that will provide housing for low and very low-income persons.
(2) Authorizing the Director of Housing to negotiate and execute all documents necessary to evidence this loan on behalf of the City.
(Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated January 21, 1999, recommending adoption of said resolution.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, Resolution No. 68709, entitled: “A Resolution of the Council of the City of San José (I) Approving Business Terms for an Acquisition and Permanent Loan of Up to $325,468 to Aids Resources, Information and Services, for the Purchase of a Five-Bedroom Single-Family Residence Affordable to Low- and Very Low-Income Persons; and (II) Authorizing the Director of Housing to Negotiate and Execute Loan Documents Evidencing Such Loan on Behalf of the City”, was adopted. Vote: 10-0-1-0. Absent: Dando.
9j Adoption of a resolution:
(1) Approving an increase in the amount of debt, not to exceed $8,750,000 senior to the City’s permanent loan of $2,750,603 for the Canoas Terrace Apartments (Sands Drive) Project.
(2) Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.
(Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated January 21, 1999, recommending adoption of said resolution.
Discussion/Action: This item was dropped from the agenda.
9k Report on bids and award of contract for the Cataldi Park Renovation Project to the low bidder, AV & C Construction, Inc., to include the Base Bid and Add Alternate Nos. 1 through 3, in the amount of $499,277. CEQA: Exempt. (Public Works)
Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated January 21 and February 9, 1999, recommending award of said contract to the low bidder, AV & C Construction, Inc.
Discussion/Action: Upon motion by Council Member Matthews, seconded by Council Member Shirakawa, Jr., and unanimously carried, the award of contract to low bidder, AV & C Construction, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Dando.
9l Approval of proposed letter of intent for a twenty-five (25) year lease with the San José Arena Management for operation and expansion of the Ice Centre of San José. (City Manager’s Office)
[Rules Committee referral 2/3/99)
Documents filed: None.
Discussion/Action: This item was deferred to February 16, 1999.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS
The Council of the City of San José convened a
Redevelopment Agency Board at 2:58p.m. to consider Item 11a in a Joint Session.
11a Recommendation that the City Council and Redevelopment Agency Board:
(1) Approve scheduling both the City Council and Redevelopment Agency Board meetings for Tuesdays starting on February 16, 1999.
(2) Approve an agenda process (Rules) for Redevelopment Agency items that is parallel to the City Council process.
(3) Direct the City Attorney to make changes necessary to the By-Laws of the Redevelopment Agency to create an Agency Rules Committee and any other changes these actions necessitate.
(4) Direct the City Manager, Executive Director, and City Attorney to meet with the Mayor’s Office to determine order of items and logistics of meetings.
(5) Direct the City Clerk, Redevelopment Agency Executive Director, and City Attorney to report back in 60 days on any further consolidation of efforts that relate to agenda preparation, meeting posting, minute taking, etc. that may be proposed.
(6) Direct the Executive Director of the Redevelopment Agency to report back within 60 days on a policy to determine which items may be or would be required to be heard on an evening agenda (similar to Council Policy on Land Use items).
(Mayor)
Documents filed: Memorandum from Mayor Gonzales, dated January 28, 1999, making recommendations for rescheduling the City Council and Redevelopment Agency meetings and Rules Committee agenda process, and giving direction to the City Attorney, City Manager, City Clerk and Redevelopment Agency Director to make the necessary changes those actions require, and to report back in sixty days to the Council on any further consolidation of efforts and on a policy governing the agenda process.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the recommendations by Mayor Gonzales dated January 28, 1999, were approved. Vote: 10-0-1-0. Absent: Dando.
The Council of the City of San José adjourned the
Redevelopment Agency Board portion of the meeting at 3:01 p.m.
ORAL COMMUNICATIONS
(1) Ross
Signorino spoke about introducing children to government and meeting schedule.
(2) Floyd
E. Meyer spoke about parking control issues.
ADJOURNMENT
The Council of the City of San José adjourned at 3:08
p.m., to Thursday, February 11, 1999, in Council Chambers immediately following
the Committee of the Whole, in an adjourned regular session for the adoption of
appropriation ordinance and funding sources resolution amendments in various
funds as recommended in the Fiscal Year 1998-99 Mid-Year Capital &
Operating Budget Review documents as supplemented by the Mayor’s FY 1998-99
Mid-Year Budget Memorandum, dated February 4, 1999, and all as may be
recommended to be modified by the Committee of the Whole during its meeting on
February 11, 1999 on the 1998-99 Mid-Year Budget review documents.
The Council of the City of San José adjourned in
memory of Paul Sachs, long time Almaden Valley resident and business owner.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK