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, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members: None.
Upon motion unanimously adopted, Council recessed at 9:31 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) In re Garden City, Inc., and (2) People v. MTS, Inc.; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9 in two matters involving the initiation of litigation; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager Designee Mark Nelson; Employee Organization: Municipal Employees Federation.
By unanimous consent, Council reconvened from the Closed Session, recessed at a.m., and reconvened at 10:50 p.m. in the Council Chambers.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members: None.
Reverend Johnie Thompson, Jr., Emmanuel Baptist Church, delivered the Invocation. (District 5)
Mayor Gonzales led the Pledge of Allegiance.
Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
5a Presentation of plaque to David Meszaros for 1 year 4 months service on the Mobile Home Advisory Commission. (Mayor)
Documents filed: None.
Discussion/Action: Mayor Gonzales stated a plaque will be sent to David Meszaros, who was unable to be present, in recognition of his service on the Mobile Home Advisory Commission.
5b Presentation of a commendation honoring the 30th anniversary of the Special Olympics of Santa Clara County. (Parks, Recreation and Neighborhood Services)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined by Terry Eberhardt, Deputy Director, Recreation & Community Services Division, Department of Parks, Recreation and Neighborhood Services, for presentation of a commendation to Mary Burson, Director, Special Olympics of Santa Clara County, who introduced Special Olympics athletes Scott Archer and Chris Archer, and thanked the Mayor and City Council for the support of the City of San José for the Special Olympics.
Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.
6c(1) Adoption of a resolution of intention to vacate those portions of Chynoweth Avenue easterly of Pearl Avenue and setting a public hearing on June 1, 1999 at 1:30 p.m. CEQA: ND. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 22, 1999, recommending adoption of said resolution.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposed resolution. Resolution No. 68851, entitled: “Resolution of the Council of the City of San José Approving Certain Maps Showing Those Portions of Chynoweth Avenue Easterly of Pearl Avenue Which Said Council Proposes to Vacate; Directing the City Clerk to File Said Maps in the Office of the City Clerk, Describing Said Street to be Vacated; Setting a Public Hearing Thereon; and Directing Notice Thereof to be Posted”, was adopted. Vote: 11-0-0-0.
6d(1) TRACT NO. 8961 – Within the Evergreen Specific Plan Area (ESP) and is more specifically located on the north side of Michelangelo Drive, easterly of Positano Lane – Shapell Industries, Inc., a Delaware Corporation qualified to do business in the State of California (Developer) – 65 single family detached residential units. Adoption of resolutions approving the plans, final map, contract, and water main extension agreement for Tract No. 8961. CEQA: Resolution No. 24748. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 4, 1999, recommending adoption of said resolutions.
Discussion/Action: Resolution No. 68852, 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. 8961”; Resolution No. 68853, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 8961”; Resolution No. 68854, 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. 8961”; and Resolution No. 68855, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract No. 8961”, were adopted. Vote: 11-0-0-0.
6e(1) Adoption of a resolution authorizing the City Manager to negotiate and execute second amendments increasing the total compensation to the FY 1998-99 Reuse and Recycling Agreements with:
(a) Goodwill, increasing the amount by $12,000, in an amount not to exceed $323,632.
(b) Salvation Army, increasing the amount by $7,000, in an amount not to exceed $157,680.
(c) St. Vincent de Paul, increasing the amount by $5,000, in an amount not to exceed $12,688.
(Environmental Services)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 4, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68856, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Second Amendments to the 1998-99 Reuse and Recycling Agreements with Goodwill Industries, The Salvation Army and St. Vincent de Paul, to Increase the Total Compensation”, was adopted. Vote: 11-0-0-0.
6e(2) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 30, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated April 8, 1999, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List No. 30 was approved and the Director of General Services was authorized to execute the purchase orders. Vote: 11-0-0-0.
6e(3) Approval of an option to purchase three (3) additional 11,000-pound GVWR cab and chassis with leaf bodies for the Streets and Traffic Department from Carl Chevrolet of San José at the same bid price, for a total cost of $122,580.84, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated April 22, 1999, recommending approval of said option to purchase from Carl Chevrolet of San José.
Discussion/Action: The option for said purchase from Carl Chevrolet of San José was approved and the Director of General Services was authorized to execute the purchase order. Vote: 11-0-0-0.
6e(4) Approval of award of purchase of racking to the low bidder, California Storage Systems, at a total cost of $128,056.72, including installation, tax, and freight, and authorization for the Director of General Services to:
(a) Execute the purchase order for the immediate purchase of warehouse racking.
(b) Execute the purchase order for additional racking pursuant to the option to purchase additional racking at the same bid price for the period of one (1) year, only after sufficient funds have been appropriated.
(General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated April 22, 1999, recommending approval of said award of purchase to the low bidder, California Storage Systems.
Discussion/Action: The award of purchase to the low bidder, California Storage Systems was approved and the Director of General Services was authorized to execute the purchase orders. Vote: 11-0-0-0.
6e(5) Approval of a second amendment to the agreement with Carter Israel expanding the scope of services to include the design of three (3) new marketing tools and three (3) months of public relations activities for the Library Department, and increasing the total amount of compensation by $19,826, from $66,790 to $86,616. (Library)
Documents filed: Memorandum from City Librarian Jane Light, dated April 22, 1999, recommending approval of a second amendment to said agreement with Carter Israel.
Discussion/Action: The second amendment to said agreement with Carter Israel was approved and its execution authorized. Vote: 11-0-0-0.
6e(6) Approval of an agreement with the South Bay Metropolitan Officials Association (M.O.A.) for officiating services in the City’s Community Sports Program, for the period April 1, 1999 to December 31, 1999, in an amount not to exceed $90,000. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 22, 1999, recommending approval of said agreement with the South Bay Metropolitan Officials Association.
Discussion/Action: The amendment to said agreement with South Bay Metropolitan Officials Association was approved and its execution authorized. Vote: 11-0-0-0.
6e(7) Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the San José B.E.S.T. grant agreement with Pathway Society, Inc. for additional substance abuse prevention/intervention services for at-risk youth at Willow Glen Middle School, extending the term of the agreement by twelve (12) months from March 1, 1999, to February 29, 2000, and increasing the grant agreement by $7,500, from $210,000 to $217,500. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 22, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68857, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a First Amendment to an Agreement with Pathway Society, Inc. for Additional Substance Abuse Prevention Intervention Services for At-Risk Youth Increasing the Grant to a Total Amount Not to Exceed $217,500, and Extending the Term”, was adopted. Vote: 11-0-0-0.
6e(8) Report on bids and award of contract for the Almaden Library Reroof Project to the low bidder, Royal Roofing, Inc., in the amount of $119,625, and approval of a contingency in the amount of $12,000. CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 22 and May 6, 1999, recommending award of said contract, and related contingency, to the low bidder, Royal Roofing, Inc.
Discussion/Action: The award of contract to the low bidder, Royal Roofing, Inc. was approved and its execution authorized. Vote: 11-0-0-0.
6e(9) Approval of a lease with Bellarmine College Preparatory of City-owned property located beneath the Hedding Street overpass between Elm Street and the Southern Pacific right-of-way for a term of 30 years in exchange for Bellarmine granting the City the right to free use of its cafetorium facility six (6) times per lease year. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 22, 1999, recommending approval of said lease agreement with Bellarmine College Preparatory.
Discussion/Action: The lease with Bellarmine College Preparatory was approved and its execution authorized. Vote: 11-0-0-0.
6e(10) Approval of an agreement with Kafoury, Armstrong & Company LLP for audit services to monitor the financial activities of Sutter’s Place, Inc., dba Bay 101, as required by the Conditional Approval of Stock Transfer Agreement dated August 26, 1994, for a fee not to exceed $30,000 for fiscal year 1999-00. (City Auditor)
(Rules/Agency Rules Committee referral 5/5/99)
Documents filed: Memorandum from City Auditor Gerald A. Silva, dated Mary 4, 1999, recommending approval of said agreement with Kafoury, Armstrong & Company LLP.
Discussion/Action: The agreement with Kafoury, Armstrong & Company LLP was approved and its execution authorized. Vote: 11-0-0-0.
6f(1) Approval of an Employee Suggestion Program award in the amount of $6,843.75 to Stephen Peralta, General Services, Fleet Maintenance, for his suggestion: Bar Code Reader. (City Manager’s Office)
Documents filed: Memorandum from Assistant to the City Manager, Jennifer Maguire, dated April 22, 1999, recommending approval of said Employee Suggestion Program award.
Discussion/Action: The Employee Suggestion Program award to Stephen Peralta was approved. Vote: 11-0-0-0.
6f(2) Approval of an ordinance amending Chapter 9.10 of Title 9 of the San José Municipal Code to combine the commercial solid waste franchises and the commercial mixed recyclables franchises into one franchise and to make corresponding technical changes. (Environmental Services)
Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 22, 1999, recommending approval of said ordinance.
Discussion/Action: Ordinance No. 25835, entitled: “An Ordinance of the City of San José Amending Chapter 9.10 of Title 9 of the San José Municipal Code to Combine Commercial Solid Waste Collection and Mixed Recyclables Franchises and to make Corresponding Technical Changes”, was passed for publication. Vote: 11-0-0-0.
6f(3) Adoption of a resolution authorizing the City Manager to accept a grant funding from the National Economic Development and Law Center (Center) for the Local Investments in Child Care (LINCC) Project for the period April 1, 1999 to March 30, 2000, in the amount of $84,000, and to execute all related documents. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 22, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 68858, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Grant from the National Economic Development and Law Center for the Local Investments in Child Care Project in an Amount Not to Exceed $84,000 and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
6f(4) Approval of an ordinance amending Section 2.08.150 of Chapter 2.08 of Title 2 of the San José Municipal Code to permit appointments to boards and commissions for a term shorter than the term established for the board or commission. (City Attorney’s Office)
(Rules/Agency Rules Committee referral 5/5/99)
Documents filed: None.
Discussion/Action: This item was deferred to May 18, 1999.
7a Report of the Committee of the Whole – April 15, 1999
Mayor Gonzales, Chair
Documents filed: Committee of the Whole report of April 15, 1998.
(1) Performance Based Budgeting and Results-Driven Service Delivery
The Committee affirmed the Council’s commitment to performance-based budgeting and results-driven service delivery and support for the establishment of the budget process for the entire City and Redevelopment Agency.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the Committee of the Whole report and recommendations of April 15, 1999, were accepted. Vote: 11-0-0-0.
7b Report of the Rules/Agency Rules Committee – April 28, 1999
Vice Mayor Fiscalini, Chair
Documents filed: Rules/Agency Rules Committee report of April 28, 1999.
(1) Redevelopment Agency Agenda
(a) Review May 11, 1999 Agenda
(b) Add New Items to May 4, 1999 Amended Agenda
Discussion/Action: Item (1) will be heard by the Redevelopment Agency Board
(2) City Council Agenda
(a) Review May 11, 1999 Agenda
The Committee approved the May 11, 1999 City Council agenda.
(b) Add New Items to May 4, 1999 Amended Agenda
The Committee recommending six additions to the May 4, 1999 City Council agenda.
(3) Meeting Schedules
There were none.
(4) The Public Record. None filed.
There was no public record.
(5) Boards and Commissions
(a) Mobile Home Advisory Commission. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated April 23, 1999, transmitting a letter from the mobile home park residents’ organization recommending Ivan Klitgaard to fill the resident position on the Mobile Home Advisory Commission.
The Committee recommended appointment of Ivan Klitgaard to fill the resident position on the Mobile Home Advisory Commission for an unexpired term ending December 31, 2001.
(6) Discuss Council Travel Policy. Attachment: Memorandum from City Attorney Joan R. Gallo, dated August 21, 1997, transmitting the revised Travel Policy, which was approved by Council on September 16, 1997.
The Committee directed the City Clerk to report to Rules Committee at its last meeting in June regarding the average expenditures for the last three years for Council Members to attend League meetings and/or to testify/lobby at the state or federal level. The Committee approved Manny Diaz’ request to substitute his Office Budget for the Council General funds approved at Rules Committee on April 21, 1999 for a conference in Philadelphia, PA, June 16-20, 1999.
(7) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(a) Request for repair of City-owned fence that borders the Police Department horse stables. Attachment: Memorandum from Council Member Shirakawa, Jr., dated April 20, 1999, requesting repair of a wooden fence at the Police stables.
The Committee directed the Administration to repair the existing wooden fence at the Police stables by installing in its place a metal cyclone type fence or some other method, as determined appropriate by Staff.
(8) Oral communications
None presented.
(9) Adjournment
The meeting was adjourned at 2:20 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 April 28, were accepted, with Item (1) heard by the Redevelopment Agency Board. Vote: 11-0-0-0.
7c Report of the Finance and Technology Committee – April 28, 1999
Council Member Woody, Chair
Documents filed: Finance and Technology Committee minutes of April 28, 1999.
(1) Tax Increment Forecast Update
(2) Monthly Financial Statement for March 1999
(3) Capital Cost Report for March 1999
(4) Cash Flow Forecast
Discussion/Action: Items (1)-(4) will be heard by the Redevelopment Agency Board.
(5) March Monthly Activity. Attachment: Memorandum from City Auditor Gerald A. Silva, dated April 20, 1999, submitting the March 1999 Activity Report.
The Committee accepted the report.
(6) Quarterly Report of Contracts under $50,000. Attachment: Memorandum from City Auditor Gerald A. Silva, dated April 19, 1999, reporting Contracts under $50,000 for quarter ended March 31, 1999.
The Committee accepted the report.
(7) Audit of the City Auditor’s Office. Attachment: Memorandum from City Auditor Gerald A. Silva, dated April 15, 1999, recommending the City contract with the National Association of Local Government Auditors for the 1997-1998 and 1998-1999 audits of the City Auditor’s office.
The Committee accepted the report for recommendation to City Council.
(8) Oral petitions
Oral petitions were made during the Redevelopment Agency portion of the meeting.
(9) Adjournment
The meeting was adjourned at 10:45 a.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Woody, and unanimously carried, the Finance and Technology Committee report and actions of April 28, 1999, were accepted, with Items (1) through (4) heard by the Redevelopment Agency Board. Vote: 11-0-0-0.
9a Approval of the Administrative follow-up report on the Cardroom Operational Review conducted by the Spectrum Gaming Group. (City Manager’s Office)
Documents filed: None.
Discussion/Action: This item was dropped from the Agenda.
9b Adoption of a resolution authorizing the Director of General Services to:
(1) Execute agreements for citywide purchases of computer hardware, peripherals, and software with Sarcom, Inc., with an initial amount not to exceed $3,000,000, and with Computerland of Almaden with an initial amount not to exceed $4,000,000, for a total amount not to exceed $7,000,000 collectively, for the period of one (1) year beginning on May 1, 1999 and ending on April 30, 2000.
(2) Authorization for the Director of General Services to amend either agreement to purchase more or less from either vendor within the approved total cost.
(General Services)
Documents filed: None.
Discussion/Action: This item was deferred to May 18, 1999.
9c Report on bids and award of contract for the Traffic Signal Installation at Lundy Avenue and Sierra Road Project to the low bidder, Blossom Valley Construction, Inc., in the amount of $398,415, and approval of a contingency in the amount of $39,000. CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 22, 1999, recommending award of said contract, and related contingency, to the low bidder, Blossom Valley Construction, Inc.
Discussion/Action: Upon motion by Council Member Matthews, seconded by Council Member Diaz, and unanimously carried, the award of said contract, and related contingency, to the low bidder, Blossom Valley Construction, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
9d Approval of an agreement with the Pacific Gas and Electric Company for the replacement of aerial facilities with underground facilities within the South White Road Underground Utility District in the amount of $437,965. CEQA: Exempt. (Public Works
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 22, 1999, recommending approval of said agreement with Pacific Gas and Electric company.
Discussion/Action: At Council Member Woody’s request, Staff was directed to coordinate the timing of the project with the church renovation project underway in the area. Upon motion by Council Member Woody, seconded by Council Member Fiscalini, and unanimously carried, said agreement with the Pacific Gas and Electric Company was approved and its execution authorized. Vote: 11-0-0-0.
9e Approval of an agreement with Turner Construction Company for construction management services for the proposed New Civic Center Project in the amount of $75,000. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated April 23, 1999, recommending approval of said agreement with Turner Construction Company.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and carried, said agreement with Turner Construction Company was approved and its execution authorized. Vote: 7-0-4-0. Noes: Chavez, Diquisto, LeZotte, Woody.
9f Adoption of a resolution authorizing the issuance of two (2) series of multifamily housing revenue bonds, tax-exempt and taxable, in the combined principal amount not to exceed $17,200,000, and approving a loan of the proceeds to Chynoweth Housing Associates, a California limited partnership, for financing the construction of the Ohlone Chynoweth Commons Apartments Project including:
(1) Approving in substantial form the Bonds, Indenture of Trust, Loan Agreement, Regulatory Agreement, and Declaration of Restrictive Covenants, Bond Purchase Agreement, Official Statement, and Remarketing Agreement; authorizing the Directors of Finance and Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.
(2) Approval of an exception to the City’s Investment Policy to allow the proceeds of the Bonds to be invested in one (1) or more investment agreements with an institution(s) whose participation in the financing will not adversely affect the expected ratings on the Bonds, as approved by the Director of Finance.
(3) Approving the Construction and Permanent Loan Terms for the City’s Loan, in the amount of $5,200,000, to Chynoweth Housing Associates with respect to the Ohlone Chynoweth Commons apartment Project and authorizing the Director of Housing to execute, and as appropriate, to negotiate and deliver a loan agreement, subordination agreement and related documents.
(Housing/Finance)
(Deferred from 5/4/99 – Item 9c)
Documents filed: (1) Memorandum from Director of Housing, Alex Sanchez and Director of Finance, John Guthrie, dated May 3, 1999, recommending adoption of said resolution. (2) Supplemental memorandum from Director of Finance, John V. Guthrie, dated May 4, 1999, submitting the draft Preliminary Official Statement for the City of San José Multifamily Housing Revenue Bonds, Tax-Exempt Series 1999A and Taxable Series 1999B for the Ohlone-Chynoweth Commons Apartments Project as discussed in the May 3, 1999 Staff report prepared by the Finance and Housing Departments.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Council Member Diquisto stated he would have preferred this project be for senior housing and any future housing projects in District 9 should include serious consideration of senior housing. Upon motion by Council Member Diquisto, seconded by Council Member Powers, and unanimously carried, Resolution No. 68859, entitled: “A Resolution of the Council of the City of San José, California, Authorizing the Issuance, Sale and Delivery of Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not to Exceed $17,200,000 for the Purpose of Making a Loan to Provide Financing for a Multifamily Rental Housing Project Known as Ohlone-Chynoweth Commons Apartments, Determining and Prescribing Certain Matters Relating Thereto, and Approving and Authorizing Related Actions and the Execution and Delivery of Related Documents”, was adopted. Vote: 11-0-0-0.
9g Request to Santa Clara County Health and Hospital Committee regarding revised RFP Schedule for Selection of ALS Ambulance provider, effective July 2000. (City Manager’s Office)
(Rules/Agency Rules Committee referral 5/5/99)
Documents filed: Senior Deputy City Manager, Darrell Dearborn, dated May 5, 1999, recommending Council authorize Staff to formally request the Santa Clara Health and Hospital Committee to: (1) Not approve the revised RFP schedule for selection of a new ALS ambulance provider as recommended by County staff at the Health and Hospital Committee meeting of April 30, 1999; and (2) To approve a revised schedule which seeks to place a new ALS ambulance provider in operation by July 2000, or as close to that date as possible.
Discussion/Action: Senior Deputy City Manager Darrell Dearborn stated requests were made to the County for the RFP schedule to allow sufficient time for stakeholders to review and comment on the recommendations of the Health and Hospital Committee prior to decisions of the Board of Supervisors and to permit subcontracts between the selected provider and public agencies to be negotiated for first responder agreements and other services prior to execution of the provider contract. Subsequently, a new RFP schedule by County Staff for action by the Health and Hospital Committee on May 13, 1999, calls for extension of the process by as much as twelve months beyond the current schedule, making it possible that a new ALS provider would not commence service until July 2001. He stated City staff and representatives of the County/City Managers’ Association EMS Subcommittee believe a delay in the RFP process is unnecessary and would be harmful to the final outcome by reducing the momentum created to make timely decisions and could reduce the likelihood that both AMR, Inc., the current contractor, and Rural Metro, Inc., will compete aggressively for the next County contract. He stated Rural Metro, Inc., has spent a considerable amount of money in positioning itself to submit a proposal to the County within the next few months and have indicated they may not be able to participate later. For these reasons, he stated Staff recommends the City formally request the County Health and Hospital Committee at its meeting of May 13, 1999 approve a revised RFP schedule with a goal of placing a new ALS ambulance provider in operation by July 2000, or as close to that date as possible. Upon motion by Council Member Dando, seconded by Council Member Powers, and unanimously carried, the Staff recommendations dated May 5, 1999, were approved. Vote: 11-0-0-0.
10a (1) Adoption of a resolution revising Recycle Plus (RP) service rates for services beginning July 1, 1999:
(a) Increasing the single-family dwelling 32-gallon cart base rate 4% from $14.95 to $15.55 per month and the related RP rates accordingly.
(b) Increasing multi-family dwelling rates 3%.
(2) Adoption of a resolution revising the Commercial Solid Waste Collection Franchise Fee for services beginning July 1, 1999:
(a) For each uncompacted cubic yard collected, increase rate 17.8% from $2.41 to $2.84 per cubic, exempting the first 24,600 cubic yards.
(b) For each compacted cubic yard collected, increase rate from $7.23 to $8.52 per cubic yard.
(3) Direction to include in the 1999-2000 Schedule of Fees and Charges a decrease in the Commercial Solid Waste AB 939 Fee effective July 1, 1999:
(a) For each uncompacted cubic yard collected, decrease rate 30.5% from $1.44 to $1.00 per uncompacted cubic yard collected.
(b) For each compacted cubic yard collected, decrease rate from $4.32 to $3.00 per cubic yard.
(Environmental Services)
(Deferred from 4/13/99 – Item 10a and 5/4/99 – Item 10a))
Documents filed: None.
Discussion/Action: This item was deferred to May 25, 1999.
City Attorney Gallo disclosed the following Closed Session actions of May 11, 1999:
A. Authority to Participate or Intervene in Litigation:
1. Case Name: Apolinar, et al. v. Acosta, et al.
Adverse party or parties: Eliseo and Susan Apolinar
Substance of litigation: Private nuisance action between homeowners and a youth league regarding use of City park for a youth soccer league.
Council Vote:
Ayes: Chavez, Dando, Diaz, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Woody; Gonzales.
Noes: None.
Absent: Diquisto.
Abstain: None.
(1) Ted Scarlett addressed Council about Police Department actions.
(2) Cathy Brandhorst spoke on homelessness issues.
(3) Floyd Meyer spoke about regulatory practices.
The Council of City of San José adjourned at 2:03 p.m. in memory of Roberto Ramirez, a San José Conservation Corps member who worked on a number of projects in the City of San José, including several Project Crackdown areas.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK