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, Dando, Diaz, Diquisto, Fiscalini, Matthews, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members: LeZotte, (excused), Powers (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) City of San José v. Finnigan Properties; (2) City of San José v. Sao, et al.; (3) Utility Cost Management v. City of San José; to discuss anticipated litigation pursuant to Subsection (c) of Government Code Section 54956.9, in one matter regarding the initiation of litigation.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:35 a.m. and reconvened at 1:35 p.m. in the Council Chambers.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, Matthews, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members: LeZotte, (excused), Powers (excused).
Pastor Mariellen Sawada, Wesley United Methodist, led the Invocation. (District 3)
The Pledge of Allegiance was led by Anthony and Alvey from Mrs. Kaliska’s 3rd Grade Class at Meadows School.
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: LeZotte, Powers.
5a Presentation of commendation and award honoring the Outstanding Employee for March 1999 to John Kuzn, Warehouse Worker, Library Department. (City Manager’s Office)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined at the podium by Acting City Manager Debra Figone and City Librarian Jane Light for presentation of the Outstanding Employee Award to John Kuzn for his excellent contribution to the Library’s distribution process. Mayor Gonzales presented a commendation on behalf of the City Council.
Council Member Matthews introduced Junichi Yamakawa from San José’s Sister City Okayama, Japan, who has been on loan to the City’s Neighborhood Preservation Office.
Mayor Gonzales recognized Heather and Carmen Buantello from Millbrook School in the Evergreen School District, and Gloria Jabaut, Campfire Boys and Girls’ Executive Director, who made a presentation to the Council as part of “Incredible Kids Day.”
CONSENT CALENDAR
Upon motion by Council Member Fiscalini, seconded by Council Member Matthew, and unanimously carried, Item 6f(1) was removed for a separate hearing, and the remainder of the Consent Calendar was approved and the below listed items taken as indicated. Vote: 9-0-2-0. Absent: LeZotte, Powers.
Minutes for Approval
6a(1) Regular Meeting of January 19, 1999
Documents filed: Minutes of January 19, 1999.
Discussion/Action: The minutes were approved. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6a(2) Regular Meeting of January 26, 1999
Documents filed: Minutes of January 26, 1999.
Discussion/Action: The minutes were approved. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6e(1) Approval of an agreement with Montoya Productions for the production of the Performing Arts Series at the Montgomery Theater, for the period March 23, 1999 to December 31, 1999, in an amount not to exceed $80,000. (Conventions, Arts and Entertainment)
Documents filed: Memorandum from Jim McBride, Acting Director of the Department of Conventions, Arts and Entertainment, dated March 4, 1999, recommending approval of said agreement with Montoya Productions.
Discussion/Action: The agreement with Montoya Productions was approved and its execution authorized. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6e(2) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 23, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents filed: Memorandum from Lynn Macy, Acting Director of General Services, dated March 4, 1999, recommending approval of open purchase orders List # 23 and authorization to execute the purchase orders.
Discussion/Action: The open purchase order list #23 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6e(3) Report on bids and award of the purchase of three (3) 11,000-pound cabs and chassis with maintenance bodies for the International Airport to the lowest responsive bidder, Carl Chevrolet, at a cost of $105,537.04, including tax, and authorization for the Director of General Services to:
(a) Execute the purchase order for the immediate purchase of three (3) 11,000-pound cabs and chassis with maintenance bodies.
(b) Execute the purchase order for additional vehicles pursuant to the option vehicles at the same bid price for one (1) year only after sufficient funds have been appropriated.
(General Services)
Documents filed: Memorandum from Lynn Macy, Acting Director of General Services, dated March 4, 1999, recommending award of said purchase to the lowest responsive bidder, Carl Chevrolet.
Discussion/Action: The award of said purchase to the lowest responsive bidder, Carl Chevrolet, was approved and its execution authorized. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6e(4) Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the agreement with Integration Information Systems Inc. (IIS) for the development of the Year 2000 (Y2K) compliant system for the Planning Division’s application to track sewage flow demands and permit applications, increasing the amount of the agreement by $60,000, from $134,400 to $194,400. (Planning, Building and Code Enforcement)
Documents filed: None.
Discussion/Action: This item was deferred to March 30, 1999.
6e(5) Approval of a consultant agreement with Jones & Stokes Associates, Inc. for the preparation of a Riparian Restoration Action Plan in an amount not to exceed $55,000, for a term of nine (9) months, for the period March 23, 1999 to December 30, 1999. (Planning, Building and Code Enforcement)
Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 4, 1999, recommending approval of said agreement with Jones & Stokes Associates, Inc.
Discussion/Action: The approval of said agreement with Jones & Stokes Associates, Inc., was approved and its execution authorized. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6e(6) Approval to increase the contingency for the City Hall Chiller Project by $10,000 for a total contingency amount of $24,000, plus $5,000 for construction management, and authorization for the Director of Public Works to approve all Contract Change Order requests up to the approved contingency amount. CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 4, 1999, recommending approval of said contingency increase for the City Hall Chiller Project.
Discussion/Action: The contingency increase for the said project was approved and the Director of Public Works authorized to approve all Contract Change Order requests up to the approved contingency amount. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6e(7) Report on bids and award of contract for the San José Police Administration Building Annex HVAC Retrofit Project to the low bidder and approval of a contingency in the amount of ten (10) percent. CEQA: Exempt. (Public Works)
Documents filed: None.
Discussion/Action: This item was deferred to April 6, 1999.
6e(8) Adoption of a resolution authorizing the City Attorney to negotiate and execute a Second Amendment to the Continuation Agreement with Brown and Caldwell in an amount not to exceed $25,000, for a total contract amount not to exceed $100,000. (City Attorney)
Documents filed: Memorandum from City Attorney Joan R. Gallo, dated March 19, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68771, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute an Amendment to the Agreement with Brown and Caldwell”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6f(1) Adoption of a resolution accepting an Easement Deed for real property rights located on the north side of Branham Lane, west of Snell Avenue for the Traffic Signal Unit 98B-1 Project and authorization for the Director of Public Works to execute the necessary documents. CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 4, 1999, recommending adoption of said resolution.
Discussion/Action: This item was removed from the Consent Calendar for comments by William Garbett, who opposed the recommended funding source. Resolution No. 68772, entitled: “A Resolution of the Council of the City of San José Accepting an Easement Deed for Real Property Rights from Snell and Branham Plaza Ventures for Purposes of Installing a Traffic Signal Unit and Authorizing the Director of Public Works to Execute the Necessary Documents to Complete the Transaction”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6f(2) Adoption of a resolution accepting an Easement Deed for rights to real property located on the west side of North First Street, west of the projection of Nicholson Lane, for the Traffic Signal Unit 98B-1 Project and authorization for the Director of Public Works to execute the necessary documents. CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 4, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68773, entitled: “A Resolution of the Council of the City of San José Accepting an Easement Deed for Real Property Rights from Maxim Integrated Products for Purposes of Installing a Traffic Signal Unit and Authorizing the Director of Public Works to Execute the Necessary Documents to Complete the Transaction”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
6f(3) Approval of City Council Liaison appointments. (Mayor)
(Rules Committee referral 3/17/99)
Documents filed: Memorandum from Mayor Gonzales, dated March 22, 1999, recommending City Council Liaison appointments.
Discussion/Action: Mayor Gonzales’ recommendations for the appointment of Council Member LeZotte to the Santa Clara County Valley Transportation Authority Policy Advisory Committee, and of Council Members Diaz and Dando (alternate) to the Solid Waste Commission of Santa Clara County, were approved. Vote: 9-0-2-0. Absent: LeZotte, Powers.
7b Report of the Rules/Agency Rules Committee – March 10, 1999
Documents filed: Rules/Agency Rules Committee report of March 10, 1999.
(1) City Council Agenda
(a) Review March 23, 1999 Agenda
The Committee approved the March 23 agenda with one addition.
(b) Add New Items to March 16, 1999 Amended Agenda
The Committee recommended three additions to the March 16, 1999 agenda.
(2) Redevelopment Agency Agenda
(a) Review March 23, 1999 Agenda
The Committee approved the March 23, 1999 Redevelopment Agency agenda with five additions.
(b) Add New Items to March 16, 1999 Amended Agenda
The Committee recommended one addition to the March 16, 1999 Redevelopment Agency agenda.
(3) Meeting Schedules
(a) City Council/Redevelopment Agency
(1) Discussion to consider the July recess
The Committee recommended the following: Add an extra evening Council meeting in the month of June; reschedule the budget calendar to enable Council to approve the City’s annual budget at the second-to-last meeting in June; and continue Council recess during the month of July.
(b) Rules/Agency Rules Committee
None were presented.
(4) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated March 4, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period February 24 – March 2, 1999.
The Committee referred Item (a), a request from the Human Rights Commission recommending Council adopt a resolution in recognition of the 50th anniversary of the signing of the Universal Declaration of Human Rights, to the Mayor’s Office; and noted and filed the Public Record.
(5) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee.
(a) Request for an upgrade of Phelan Avenue between Seventh and Tenth Streets
The Committee referred this item to the Administration for a report back to the Rules Committee in two weeks with an assessment of the time and resources involved to complete the request.
(6) Oral communications
William Garbett commented on the Mayor’s housing proposal.
(7) Adjournment
The meeting was adjourned at 2:15 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules/Agency Committee report and actions of March 10, 1999, were accepted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
7c Report of the Finance and Technology Committee – March 10, 1999
Council Member Woody, Chair
Documents filed: Finance and Technology Committee minutes of March 10, 1999.
(1) Monthly Investment Report for January 1999. Attachment: Memorandum from Finance Director Guthrie, dated February 23, 1999, transmitting the Investment Report for January 1999.
The Committee accepted the report.
(2) Monthly Financial Report for January 1999. Attachment: Memorandum from Budget Director Lisenbee, dated March 1, 1999, transmitting the Financial Report for January 1999, and Monthly Financial Report for Fiscal Year 1998-99/Financial Results for the 7 Months ended on January 31, 1999.
The Committee accepted the report.
(3) Police Department Sworn Staffing Report for July 1, 1998 – December 31, 1998. Attachment: Memorandum from Chief of Police, William M. Lansdowne, dated February 25, 1999, transmitting the Police Staffing Report Related to the Sworn Recruitment and Training Program.
The Committee accepted the report.
(4) Y2K Update/Information on Embedded System. Attachment: Memorandum from Director of Information Technology, Ken E. Phillips, dated March 3, 1999, transmitting the Y2K Update Report.
The Committee accepted the report.
(5) AIS Status Report: Response to PERF Report Re: Short-Term Improvements. Attachment: Memorandum from Director of Information Technology, Ken E. Phillips, and from Chief of Police, William M. Lansdowne, dated March 1, 1999, submitting the AIS Status Report.
The Committee accepted the report.
(6) Oral petitions
None.
(7) Adjournment
The meeting was adjourned at 11:10 a.m.
Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member Fiscalini and unanimously carried, the Finance and Technology Committee report and actions of March 10, 1999, were accepted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
7e Report of the Transportation and Environment Committee – March 11, 1999
Council Member Powers, Chair
Documents filed: Transportation and Environment Committee report of March 11, 1999.
(1) Consent Calendar
There were no Consent Items.
(2) FY 1999-2000 Street Maintenance Program Needs Report. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 25, 1999, recommending the report be accepted and the funding issues referred to the FY 1999-2000 budget process.
The Committee accepted the report and referred to the 1999-2000-budget process the consideration of funding street maintenance.
(3) Report on the Transportation Access Plan for the Airport. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., and Aviation Director, Ralph G. Tonseth, dated February 26, 1999, transmitting the report.
The Committee noted and filed the report.
(4) Report on the FEMA Map Amendment. Attachment: Memorandum from the Director of Public Works, Ralph A. Qualls, Jr., dated February 24, 1999, recommending a Workplan and a schedule to apply for Letters of Map Amendment to the Federal Emergency Management Agency.
The Committee accepted the Staff report and recommendations.
(5) Report and Recommendations on Regional Transportation Priorities.
This item was heard by Council on March 16, 1999.
(6) Report and Recommendation on Resolution Supporting Prohibition of MTBE Use in Motor Vehicle Fuels
This item was heard by Council on March 16, 1999.
(7) Oral petitions
None presented.
(8) Adjournment
The meeting was adjourned at 3:20 p.m.
Discussion/Action: Upon motion by Council Member Matthews, seconded by Council Member Fiscalini, and unanimously carried, the Transportation and Environment Committee report and actions of March 11, 1999, were accepted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
9a (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 2/23/99 – Item 9b)
Documents filed: None.
Discussion/Action: This item was deferred to March 30, 1999.
9b Report back and 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 et al., and 3/2/99 – Item 9h)
Documents filed: None.
Discussion/Action: This item was deferred to March 30, 1999.
9c Approval of a first amendment to the agreement with Skidmore Owings & Merrill, LLP (SOM) for construction design services at the San José International Airport, extending the agreement to December 31, 2000, adding the amounts of $2,315,000 for basic services and reimbursable expenses, and $600,000 for additional services, for a total amendment amount of $2,915,000, and a total agreement amount of $3,965,000. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated March 4, 1999, recommending approval of a first amendment to said agreement.
Discussion/Action: Council Member Chavez stated she opposed the proposal because information pertaining to transportation access and community outreach issues has not yet been provided. William J. Garbett expressed opposition based on concerns about the timing of the project relative to Master Plan requirements. Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and carried, the first amendment to said agreement with Skidmore Owings & Merrill, LLP, was approved and its execution authorized. Vote: 8-1-2-0. Noes: Chavez. Absent: LeZotte, Powers.
9d Adoption of a resolution:
(1) Approving business terms for an acquisition/predevelopment loan of up to $3,816,000 to JSM enterprises Inc., or its designated partnership, for the development of Phase II of a 106-unit housing project affordable to low and very low-income families on a 2.41 acre site located on the west side of 6th Street opposite Bestor Street.
(2) Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.
(3) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.
(Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated March 4, 1999, recommending adoption of said resolution.
Discussion/Action: This item was dropped from the Agenda.
9e Adoption of a resolution:
(1) Approving business terms for an acquisition/predevelopment loan of up to $3,500,000 to JSM enterprises Inc., or its designated partnership, for the development of a 100-unit housing project affordable to low and very low-income families on a 2.41-acre site located on the southwest corner of 6th and Martha Streets.
(2) Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.
(3) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.
(Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated March 4, 1999, recommending adoption of said resolution.
Discussion/Action: This item was dropped from the Agenda.
9f Approval of the following actions related to the Sixth & Martha Project:
(1) Hold a TEFRA Hearing for the issuance of up to $12,000,000 in tax-exempt multifamily housing revenue bonds.
(2) Adoption of a resolution:
(a) Expressing its intent to issue up to $12,000,000 in multifamily tax-exempt revenue bonds to finance the development of Phase I of a 100-unit family rental housing project located at Sixth and Martha.
(b) Authorizing the Director of Housing to file an application with California Debt Limit Allocation Committee (CDLAC) for an allocation of up to $12,000,000 in private activity bonds.
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with JSM Enterprises, or an affiliated entity for the CDLAC Application for the Sixth & Martha Housing Project.
(d) Authorizing the City Manager to negotiate and execute an agreement with Ross Financial in an amount not to exceed $55,000 for both this project and the Piedmont & Sierra Senior Apartment Project for the period February 1, 1999 to December 31, 1999.
(Housing/Finance)
Documents filed: (1) Memorandum from Director of Housing, Alex Sanchez, and from Housing Director, John Guthrie, and dated March 4, 1999, recommending a TEFRA hearing be held and said resolution be adopted. (2) Proof of publication and Affidavit of Posting of Notice of Public Hearings, submitted by the City Clerk.
Discussion/Action: This item was dropped from the Agenda.
9g Adoption of a resolution taking the following actions related to the Tamien View Residences Multifamily Housing Project:
(1) Authorizing the Director of Housing to file an application with California Debt Limit Allocation Committee (CDLAC) for an allocation of up to $32,000,000 in private activity bonds.
(2) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with Barry Swensen Builders for the CDLAC Application for the Tamien View Residences Multifamily Housing Project.
(3) Authorizing the City Attorney to negotiate and execute an agreement not to exceed $95,000 with Jones Hall to serve as bond counsel for the project.
(4) Approval of an agreement not to exceed $60,000 with E. Wagner & Associates to serve as financial advisor for the period May 1, 1998 to December 31, 1999.
(Housing/Finance)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, and from Housing Director, John Guthrie, dated March 4, 1999, recommending adoption of said resolution.
Discussion/Action: William J. Garbett addressed Council in opposition to the proposal. Upon motion by Council Member Fiscalini, seconded by Council Member Diquisto, and unanimously carried, Resolution No. 68774, entitled: “A Resolution of the City of San José Regarding an Application for Bond Allocation from the California Debt Limit Allocation Committee (the Tamien View Residences Multifamily Housing Project) and Taking Related Actions”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
9h Approval of the following actions related to the Piedmont & Sierra Senior Apartment Project:
(1) Hold a TEFRA Hearing for the issuance of up to $8,500,000 in tax-exempt multifamily housing revenue bonds.
(2) Adoption of a resolution:
(a) Expressing its intent to issue up to $8,500,000 in multifamily tax-exempt revenue bonds to finance the development of a 100-unit Senior Apartment Project located at Piedmont and Sierra.
(b) Authorizing the Director of Housing to file an application with California Debt Limit Allocation Committee (CDLAC) for an allocation of up to $8,500,000 in private activity bonds.
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with JSM Enterprises, or an affiliated entity for the CDLAC Application for the Piedmont & Sierra Senior Apartment Project.
(d) Authorizing the City Manager to negotiate and execute an agreement with Ross Financial in an amount not to exceed $55,000 for this project and the Sixth & Martha Project for the period February 1, 1999 to December 31, 1999.
(Housing/Finance)
Documents filed: (1) Memorandum from Director of Housing, Alex Sanchez, and from Housing Director, John Guthrie, and dated March 4, 1999, recommending a TEFRA hearing be held and said resolution be adopted. (2) Proof of Publication and Affidavit of Posting of Notice of Public Hearing, submitted by the City Clerk.
Discussion/Action: The TEFRA hearing was opened. William J. Garbett spoke in opposition to the proposal. Responding to comments by Council Member Matthews, Housing Director Sanchez stated the agreement with Ross Financial applies to both this project and the Sixth and Martha Project which will come back to Council at a later date. Upon motion by Council Member Matthews, seconded by Council Member Diaz. and unanimously carried, the TEFRA haring was closed, and Resolution No. 68775, entitled: “A Resolution of the City of San José Expressing its Intent to Issue Tax Exempt Debt for the Acquisition, Construction and Development of Multifamily Housing and Taking Related Actions (the Piedmont and Sierra Senior Apartment Project)”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
9i Presentation and approval of the Mayor’s FY 1999-00 Operating Budget Message. (Mayor)
Documents filed: See Item 11a for documents filed.
Discussion/Action: This item was renumbered to Item 11a.
9j Report on bids and award of contract for the Alum Rock Park 1998 Storm Damage Repair Project to the low bidder H.S.R. Incorporated, in the amount of $828,560, and approval of a contingency in the amount of $90,000. CEQA: Exempt. (Public Works)
Documents filed: Memoranda from Ralph Qualls, Jr., Director of Public Works, dated March 4 and 15, 1999, recommending award of said contract to the low bidder H.S.R., Incorporated.
Discussion/Action: In response to questions by Council Member Diquisto about the work not being completed until September, Public Works Director Qualls stated the contract was rebid which caused the delay. At the request of Council Member Matthews, he stated Staff will provide a status report back to the Council in May 1999. Upon motion by Council Member Diaz, seconded by Council Member Dando, and unanimously carried, the award of said contract to the low bidder H.S.R. Incorporated, was approved and its execution authorized. Vote: 9-0-2-0. Absent: LeZotte, Powers.
9k Approval of amendments to various consultant agreements to support the accelerated implementation of the Route 87 Freeway Project:
(1) Approval of a continuation agreement with Biggs Cardosa Associates, Inc. for structural engineering services, extending the term of the agreement from December 31, 1998 to March 31, 2000, and increasing the compensation by $50,000, from $50,000 to $100,000.
(2) Approval of a continuation agreement with Brian Kangas Foulk for civil engineering services, extending the term of the agreement from December 31, 1998 to March 31, 2000, and increasing the compensation by $60,000, from $50,000 to $110,000.
(3) Approval of a continuation agreement with Mark Thomas & Co., Inc. for engineering design services relating to Route 101 improvements, extending the term from December 31, 1998 to March 31, 2000, and increasing the compensation by $293,200, from $50,000 to $343,200.
(4) Approval of an amendment to the agreement with Parsons Transportation Group, Inc. (formerly De Leuw, Cather & Co). for project management services, extending the term of the agreement from June 30, 1999 to March 31,2000, and increasing the compensation by $700,000, from $600,000 to $1,300,000.
(Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 4, 1999, recommending approval of said amendments to various agreements.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Matthews, and unanimously carried, the amendments to said agreements with Biggs Cardosa Associates, Inc., Brian Kangas Foulk, Mark Thomas & Co., Inc., and Parsons Transportation Group, Inc. (formerly De Leuw, Cather & Co), as specified, were approved and their execution authorized. Vote: 9-0-2-0. Absent: LeZotte, Powers.
9l Approval of an additional increase to the project contingency amount for the Central Service Yard Phase I Project in the amount of $625,000. (Public Works)
(Rules Committee referral 3/17/99)
Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated March 17 and 22, 1999, recommending approval of the increase in the contingency amount for said project.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Shirakawa, Jr., and unanimously carried, the proposed increase to the project contingency amount for the Central Service Yard Phase I Project was approved and its execution authorized. Vote: 9-0-2-0. Absent: LeZotte, Powers.
The Council of the City of San José convened the Redevelopment Agency Board at 2:07 p.m. to consider Item 11a in a Joint Session.
11a Presentation and approval of the Mayor’s FY 1999-00 Operating Budget Message. (Mayor)
Documents filed: Memorandum from Mayor Gonzales dated March 17, 1999, recommending direction to Council Appointees for purposes of developing their proposed budgets for Council consideration.
Discussion/Action: Mayor Gonzales stated the potential exists for a deficit of $15.5 million, that there are specific budgetary issues which the Council needs to address and there is a lot of work to be done prior to the adoption of the budget in June of 1999, as indicated in his budget message. Council Member Fiscalini moved approval of the Mayor’s FY 1999-00 Operating Budget Message dated March 17, 1999. Council Member Shirakawa, Jr. seconded the motion. Council Member Dando expressed concerns about the City’s efforts to curtail graffiti and recommended that the Police Department join with Department of Parks, Recreation and Neighborhood Services to facilitate methods of enforcing the City’s anti-graffiti laws. Council Member Chavez stated she hoped that a hiring freeze would not be necessary, expressing concerns about placing constraints upon the Administration that could impact customer service and prefers to allow departments the discretion of how to use their resources within the context of the budget. She requested additional information be provided to the Council regarding revenues and the amounts available which could be used for funding of one-time programs recommended the Administration explore opportunities to enter into cost sharing with the consumer, and suggested finding ways to reward departments for making innovative cost containment efforts. Mayor Gonzales stated he considers hiring freezes as options of last resort but that it is important for not only the Administration but also for the public to know that option exists. Regarding one-time funds for ongoing costs, he clarified that he is not proposing a change in the City’s policy of not using one-time funds for ongoing costs, but is requesting that adherence to the policy be achieved. Council Member Diaz supported the Mayor’s recommendation to review one-time funding for programs to determine eligibility for addition to the base budget or elimination. He requested the memorandum which he and Council Member Diquisto authored dated March 22, 1999, which recommends programs for base budget consideration, identifies potential alternative funding sources, and makes recommendations on retiring the debt at the Camden Life Center, be referred to the Administration for review in conjunction with the budget as a whole. Council Member Diquisto recommended one-time funded programs is evaluated for performance and effectiveness before being targeted for phase out. Mayor Gonzales requested Council Members to provide to the Administration performance measurement information on those programs for which ongoing funding consideration is requested. Council Member Matthews stated support for the City providing workshops and a performance measurement system for non-profit organizations. William J. Garbett spoke about agenda issues affecting the City Council and Redevelopment Agency meetings. Mark Abinante spoke on issues relating to the anticipated budget deficit. On a call for the question, the motion carried unanimously, and Mayor Gonzales’ FY 1999-00 Operating Budget Message was approved, and the issues raised by Council Members and in the memorandum by Council Members Diaz and Diquisto dated March 22, 1999, were referred to the Administration. Vote: 9-0-2-0. Absent: LeZotte, Powers.
The Council of the City of San José adjourned the Redevelopment Agency Board portion of the meeting at 2:29 p.m.
Cathy Brandhorst addressed Council on societal issues.
The Council of the City of San José adjourned at 2:32 p.m. in memory of Barbara McNally, president of the local chapter of National Women’s Political Caucus, and member of the San José Planning Commission from 1976 through 1980; in memory of Emily Renzel, wife of former San José Mayor Ernie Renzel and former member of the Board of Directors of the San José Museum of Art and numerous other organizations; and in memory of Judge Henry Jarvis Turner, long time resident of San José actively involved in the fellowship program at Almaden Valley United Church of Christ.
RON GONZALES, MAYOR
ATTEST:
NANCY ALFORD, ASSISTANT CITY CLERK