MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA

TUESDAY, MAY 25, 1999

 

 

The regular scheduled Closed Session was canceled and the Council of the City of San Jose convened in regular session at 1:32 P.M. in City Council Chambers at City Hall.

 

               Present:      Council Members -  Chavez, Dando, Diaz, Diquisto, Fiscalini, Shirakawa, Jr.; Gonzales.

 

               Absent:       Council Members – LeZotte, Matthews, Powers, Woody (all excused).

 

INVOCATION

 

               The Reverend Mariellen Sawada, Wesley United Methodist Church, delivered the Invocation. (District 5)

 

PLEDGE OF ALLEGIANCE

 

               Mayor Gonzales led the Pledge of Allegiance.

 

ORDERS OF THE DAY

 

               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: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

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: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

Minutes for Approval

 

6a(1)       Regular Meeting of April 13, 1999

 

               Documents filed:  Minutes of April 13, 1999.

 

               Discussion/Action: The minutes were approved. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6a(2)       Regular Meeting of April 20, 1999

 

               Documents filed:  Minutes of April 20, 1999.

 

               Discussion/Action: The minutes were approved. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

Ordinances for Final Adoption (Ord Titles from Contracts)

 

6b(1)       ORD. NO. 25835 – Amends Chapter 9.10 of Title 9 of the San José Municipal Code to combine commercial solid waste collection and mixed recycleables franchises and to make corresponding technical changes.

 

               Documents filed: Proof of publication of title of Ordinance No. 25835 submitted by the City Clerk.

 

               Discussion/Action: Ordinance No. 25835 was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

Public Hearings Set by Council

 

6c(1)       (a)        Preliminary approval of the report as filed by the Advisory Board (San José Downtown Association) or as modified by Council.

               (b)        Adoption of a resolution of intention to levy the annual assessment for 1999-2000 in the Downtown Business Improvement District, and setting a public hearing on June 8, 1999 at 1:30 p.m. on the levy of the proposed assessments.

               (Conventions, Arts and Entertainment)

 

               Documents filed: Memorandum from Jim McBride, Acting Director of the Department of Conventions, Arts and Entertainment, dated May 6, 1999, recommending approval of the preliminary report and adoption of said resolution.

 

               Discussion/Action: The preliminary report was approved and Resolution No. 68868, entitled: “A Resolution of the Council of the City of San José Declaring its Intent to Levy Assessments for Fiscal Year 1999-2000 in the Downtown Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989”, was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6c(2)       Adoption of a resolution setting a public hearing on August 3, 1999 at 1:30 p.m. on the Fiscal Year 1999-2000 Annual Sewer Service and Use Charge Report of the Director of Finance. (Finance)

 

               Documents filed: Memorandum from Director of Finance, John V. Guthrie, dated May 6, 1999, recommending adoption of said resolution.

 

               Discussion/Action: Resolution No. 68869, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing on the Annual Sewer Service and Use Charge Report of the Director of Finance Pursuant to Part 3 of Section 15.12.550 of the San José Municipal Code”, was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6c(3)       Adoption of a resolution initiating the prezoning of certain properties generally bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue, and Meridian Avenue and parcels on both sides of Buena Vista Avenue, consisting of approximately 38 acres from County to R-1 Residence (single-family), R-2 Residence (two-family), R-3 Residence (multi-family), C-1 commercial (neighborhood community commercial), and C-2 commercial (general commercial) Zoning Districts, and setting a public hearing on June 15, 1999 at 7:00 p.m. subsequent to a referral to the Planning Commission for its report and recommendation.  (Planning, Building and Code Enforcement) CC 99-04-029 – District 6

 

               Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 7, 1999, recommending adoption of said resolution.

 

               Discussion/Action: Resolution No. 68870, entitled: “Resolution of the Council of the City of San José Initiating Proceedings on its Own Motion To Prezone Certain Real Properties Generally Bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue, and Meridian Avenue and Parcels on Both Sides of Buena Vista Avenue from County to R-1 Residence, R-2 Residence, R-3 Residence, C-1 Commercial and C-2 Commercial Zoning Districts”, was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6c(4)       Adoption of a resolution of intention vacating Branham Lane and the 15’ public service and slope easement between Coyote Creek and Hellyer Avenue, reserving storm, sanitary, and public service easements, and setting a public hearing on June 22, 1999 at 1:30 p.m. CEQA:  Resolution No. 67245. (Public Works)

 

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 11, 1999, recommending adoption of said resolution.

 

               Discussion/Action: Resolution No. 68871, entitled: “Resolution of the Council of the City of San José Approving Certain Maps Showing that Portion of Branham Lane and a 15 Foot Public Service and Slope Easement Between Coyote Creek and Hellyer Avenue which said Council Proposes to Vacate, Subject to the Reservation of Certain Storm Drain, Sanitary and Public Service Easements; Directing the City Clerk to File Said Maps in the Office of the City Clerk; Describing Said Street and Easements to be Reserved; Setting a Public Hearing Thereon; and Directing Notice Thereof to be Posted”, was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

Contracts/Agreements

 

6e(1)       Approval of a fifth amendment to the agreement with Mobilemedia, Inc. extending the advertising license agreement at the San José International Airport for one (1) year, from July 1, 1999 to June 30, 2000, with minimum annual revenue to the City of $14,400. CEQA:  Resolution No. 67380. (Airport)

 

               Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated May 6, 1999, recommending approval of a fifth amendment to said agreement with Mobilemedia, Inc.

 

               Discussion/Action: The Fifth Amendment to said agreement was approved and its execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(2)       Approval of a second amendment to the agreement with Anderson Brule Architects (ABA) for construction administration services, increasing the percentage of pre-construction walk-throughs in Phase 5 of the Airport Acoustical Treatment (ACT) Program, at no additional cost to the City. CEQA:  Resolution No. 67380. (Airport)

 

               Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated May 6, 1999, recommending approval of a second amendment to said agreement with Anderson Brule Architects.

 

               Discussion/Action: The second amendment to said agreement was approved and its execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(3)       (a)        Approval of a second amendment to the agreement with the Department of Health and Human Services (DHHS) for the San José Metropolitan Medical Task Force (MMTF) (also known as the Metropolitan Medical Strike Team), increasing the compensation by $200,000 from $350,000 to $550,000, and extending the term of the agreement by twelve (12) months, from nineteen (19) months to thirty-one (31) months.

               (b)        Adoption of related appropriation ordinance and funding sources resolution amendments in the General Fund.

               (City Manager’s Office/Emergency Services)

 

               Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated May 6, 1999, recommending approval of a second amendment to said agreement with the Department of Health and Human Services and adoption of said appropriation ordinance and related revenue resolution amendments.

 

               Discussion/Action: Council Member Dando requested Staff reports on the City’s activities pertaining to anti-terrorist precautions. The second amendment to said agreement with Department of Health and Human Services was approved and Ordinance No. 25869, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the General Fund in the Amount of $200,000 for the San José Metropolitan Medical Strike Team; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68872, entitled, “A Resolution of the City of San José Amending Resolution No. 68256 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1998-99 to Adjust Revenues in the General Fund”, were adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(4)       Report on bids, relieve the low bidder James R. Clark Company of its bid without forfeiture of its bid bond due to mistake, and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 97-98 Capital Improvement Program, Effluent Channel Access Bridge and Berm Rehabilitation” to the second low bidder, Seaworks, Inc., in the amount of $109,500, and approval of a contingency in the amount of $22,000. CEQA:  Exempt. (Environmental Services)

 

               Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 6, 1999, recommending approval of relieving the low bidder Clark Company of its bid without forfeiture of its bid bond due to mistake, and approval of award of said contract to the second low bidder, Seaworks, Inc. (2) Letter from the Treatment Plant Advisory Committee dated May 14, 1999, stating concurrence with the Staff recommendation.

 

               Discussion/Action: The relief of low bidder James R. Clark Company without forfeiture of its bid bond due to mistake, and approval of award of said contract to the second low bidder, Seaworks, Inc., and the related contingency, were approved and their execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

6e(5)       Approval of a first amendment to the agreement with Black & Veatch for consultant design services for Capital Improvement Program engineering support, extending the agreement by ten (10) months, from August 30, 1999 to June 30, 2000, and increasing the compensation by $50,000, from $920,000 to $970,000. (Environmental Services)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 1, 1999.

 

6e(6)       Approval of an agreement with Orloff/Williams & Company for advertising and public outreach services for the Integrated Waste Management Program to assist the City of San José in meeting the year 2000 diversion goals in an amount not to exceed $130,000, for the period June 1, 1999 to June 30, 2000. (Environmental Services)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 1, 1999.

 

6e(7)       Report on bids and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 98/99 Capital Improvement Program, Plant Infrastructure Improvements – Digesters No. 10 & 11 Dome Rehabilitation” to the lowest responsive bidder, N.V. Heathorn, Inc. in the amount of $192,002, and approval of a contingency in the amount of $28,000. CEQA:  Exempt. (Environmental Services)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 1, 1999.

 

6e(8)       Report on bids and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 98/99 Capital Improvement Program, Facilities Roof Repair – Filter Building, Filter Building Service Wing, and Machine Shop” to the low bidder, Universal Coatings, Inc., in the amount of $242,000, and approval of a contingency in the amount of $30,000. CEQA:  Exempt. (Environmental Services)

 

               Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 6, 1999, recommending award of said contract to the low bidder, Universal Coatings, Inc. (2) Letter from the Treatment Plant Advisory Committee dated May 14, 1999, stating concurrence with the Staff recommendation.

 

               Discussion/Action: The award of said contract to low bidder, Universal Coatings, Inc., and related contingency, was approved and its execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(9)       Approval to reject all bids for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 98/99 Capital Improvement Program, Repair of Expansion Joints, and Concrete Cracks in Nitrification Pipe Gallery”. CEQA:  Exempt. (Environmental Services)

 

               Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 6, 1999, recommending approval to reject all bids for said project. (2) Letter from the Treatment Plant Advisory Committee dated May 14, 1999, stating concurrence with the Staff recommendation.

 

               Discussion/Action: Matt Dutrow and Paul Federico, Fargo Construction Company, spoke in opposition to the rejection of bids. In response to Council questions about the reason Staff recommends rejecting bids on this project, City Attorney Gallo explained that an oversight in the bid package resulted in confusion of the responders and wide variance in bid response; therefore, the Administration recommends clarifying the bid requirements and rebidding the project. The approval to reject all bids for said project was approved. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(10)     Approval of an agreement with PHM Diagnostics, Inc., to provide workers compensation diagnostic testing organization services at a cost not to exceed $105,000, for the period June 1, 1999 to December 31, 1999, and authorizing the City Manager to execute up to two (2) one-year options, at a cost not to exceed $180,000 per year. (Finance)

 

               Documents filed: Memorandum from Director of Finance, John V. Guthrie, dated May 6, 1999, recommending approval of said agreement with PHM Diagnostics, Inc

 

               Discussion/Action: Council Member Diquisto expressed concerns about the inability for employees to choose local facilities for diagnostic procedures and evaluations, and requested Staff monitors the issue and report back in six months. The agreement with PHM Diagnostics, Inc., was approved and its execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(11)     Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 31, 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 May 6, 1999, recommending approval of open purchase orders

 

               Discussion/Action: The award of open purchase orders List No. 31 was approved and their execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(12)     Approval of award of purchase for one (1) PC-based, year 2000 compliant latent fingerprint identification workstation with NEC Technologies, Inc., as a sole source purchase, at a total cost of $106,883.75, including sales tax, installation, and training. (General Services)

 

               Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated May 6, 1999, recommending approval of said award of purchase to with PHM Diagnostics, Inc., as a Sole Source purchase pursuant to Chapter 1217 of the City Charter.

 

               Discussion/Action: The award of said purchase with NEC Technologies, Inc., as a sole source purchase, was approved and its execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(13)     Approval of the option to purchase additional handguns for the Police Department from San Diego Police Equipment Co. at a total cost of $87,555.37, 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 May 6, 1999, recommending approval of an option for said purchase.

 

               Discussion/Action: The option for said purchase from San Diego Police Equipment Company was approved and its execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(14)     Approval to reject all bids and resolicit bids for one (1) 14,500-pound cab and chassis with van body for the Library Department. (General Services)

 

               Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated May 6, 1999, recommending approval to reject all bids and resolicit bids for said purchase.

 

               Discussion/Action: The rejection of bids and resolicitation of bids for said purchase was approved. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

6e(15)     Adoption of a resolution authorizing the City Manager to negotiate and execute agreements with Alum Rock Union Elementary School District and Mount Pleasant School District in the amounts of $340,000 and $300,000, respectively, for purchase and joint use of a modular classroom at Dorsa Elementary School and Sanders Elementary School, for a term ending June 30, 2016. CEQA:  Exempt. (Parks, Recreation, and Neighborhood Services)

 

               Documents filed: Memorandum from Director of Parks, Recreation, and Neighborhood Services, Mark Linder, dated May 6, 1999, recommending adoption of said resolution.

 

               Discussion/Action: The following individuals addressed Council in support of the proposal: Sandy Brookbank, Mt. Pleasant Neighborhood Association, Ida Jew, Mt. Pleasant School District, and Raul Manzo, representing the Dorsa Community Association. Resolution No. 68873, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Agreements with Alum Rock Union Elementary School District and Mount Pleasant School District for Purchase and Joint Use of a Modular Classroom at Dorsa Elementary School and Sanders Elementary School in an Amount not to Exceed $340,000 and $300,000, respectively”, was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(16)     Approval of a lease agreement with Cornerstone Properties II, LLC for 17,096 sq. ft. of rentable office space at 4 North Second Street for use by Fire Department Administration for a period of five (5) years commencing January 1, 2000, at a rental rate of $38,466 per month during the first year of the lease with annual increases in the monthly rent of $1,709.60, to a maximum monthly rate of $45,304.40 during the final year of the lease, and approval of the construction of tenant improvements at a cost not to exceed $39,500.  (Public Works)

 

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 19, 1999, recommending approval of said lease agreement with Cornerstone Properties II, LLC.

 

               Discussion/Action: The lease agreement with Cornerstone Properties II, LLC was approved and its execution authorized. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6e(17)     Approval of a consultant agreement with Steven Colby for technical assistance in developing contingency plans for Y2K compliance to the Process Control System at the San José/Santa Clara Water Pollution Control Plant (WPCP), for the period June 1, 1999 to May 31, 2000, in an amount not to exceed $75,000.  (Environmental Services)

               [Deferred from 5/18/99 – Item 6e(2)]

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 1, 1999.

 

Routine Legislation

 

6f(1)       Approval of an ordinance amending Section 1.15.030 of the San José Municipal Code to provide that administrative citations include the date a violation is identified where the actual date upon which the violation occurred is unknown. (City Attorney’s Office)

 

               Documents filed: Memorandum from City Attorney Joan R. Gallo, dated May 19, 1999, recommending approval of said ordinance.

 

               Discussion/Action: Ordinance No. 25870, entitled: “An Ordinance of the City of San José Amending Section 1.15.030 of Chapter 1 of the San José Municipal Code to Clarify the Information to be Included in an Administrative Citation”, was passed for publication. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6f(2)       Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund to provide $99,639 for the payment of late special district assessments. (City Manager’s Office)

 

               Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated May 6, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

               Discussion/Action: Ordinance No. 25871, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $99,639 for Payment of Late Special District Assessments; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68874, entitled, “A Resolution of the City of San José Amending Resolution No. 68256 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1998-99 to Adjust Revenues in the Redevelopment Capital Projects Fund”, were adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6f(3)       Adoption of appropriation ordinance and funding sources resolution amendments decreasing the Environmental Services Department’s non-personal appropriation in the Storm Sewer Operating Fund by $175,000, and increasing the Storm Water Runoff Mitigation appropriation in the Storm Sewer Capital Fund by $175,000 for the Storm Water Runoff Mitigation Project. (Environmental Services/City Manager’s Office)

 

               Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated May 6, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

               Discussion/Action: Ordinance No. 25872, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 to Decrease the Environmental Services Department’s Non-Personal Expenses Appropriation in the Storm Sewer Operating Fund by $175,000 and Increase the Storm Sewer Runoff Mitigation Appropriation in the Storm Sewer Capital Fund by $175,000; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68875, entitled, “A Resolution of the City of San José Amending Resolution No. 68256 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1998-99 to Adjust Revenues in the Storm Drainage Service charge Capital Fund”, were adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6f(4)       Adoption of a resolution summarily vacating a portion of Cadwallader Avenue located approximately 450 feet south of its current improved terminus. CEQA:  ND. (Public Works)

 

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 6, 1999, recommending adoption of said resolution.

 

               Discussion/Action: Resolution No. 68876, entitled: “Resolution of the Council of the City of San José Summarily Vacating all of that Portion of Cadwallader Avenue Lying Approximately 450 Feet South of its Currently Improved Terminus”, was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6f(5)       Acceptance of the San José Arena Authority’s Annual Report for Fiscal Year 1997-98. (San José Arena Authority)

 

               Documents filed: Memorandum from the San José Arena Authority, dated April 29, 1999, transmitting the Authority’s Annual Report for FY 1997-98.

 

               Discussion/Action: The San José Arena Authority’s Annual Report was accepted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

6f(6)       Adoption of a resolution authorizing the City Manager to apply for and execute upon receipt a grant with the Federal Aviation Administration (FAA) for the Airport Year 2000 Assessment and Inventory process in the amount of $441,253. (Airport)

               (Orders of the Day 4a)

 

               Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated May 21, 1999, recommending adoption of said resolution.

 

               Discussion/Action: Resolution No. 68877, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to he Federal Aviation Administration for the Airport Year 2000 Assessment and Inventory Process in an Amount not to Exceed $441,253, to Accept the Grant if Awarded, and to Execute all Related Documents”, was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

END OF CONSENT CALENDAR

 

9a           Discussion of the Report and Recommendations of the Council Salary Setting Commission and approval of a salary setting ordinance. (City Clerk)

 

               Documents filed: (1) Memorandum from the Council Salary Setting Commission, dated April 23, 1999, making recommendations pertaining to the salaries and benefits of the Mayor and City Council Members and related recommendations. (2) Memorandum from City Attorney Joan R. Gallo dated May 18, 1999, advising Council concerning the options, which are available to the Council with regard to the Commission’s recommendations.

 

               Discussion/Action: Judy Nissila, Chair of the Salary Setting Commission, presented the recommendations of the Commission and, on behalf of Salary Setting Commissioners James Crownover, Leon Louie, Stephen Sanger and Priscilla Siersema, thanked Mary Visco and Nancy Alford of the City Clerk’s Office and Deputy City Attorney Norm Sato for their assistance. Council Member Diaz moved approval of Recommendation Nos. 1 through 4 in the Salary Setting Commission report dated April 23, 1999. Council Member Shirakawa seconded the motion. Referencing the Recommendation No. 5 relating to augmentation of the Vice-Mayor’s salary, Council Member Fiscalini stated he is not in favor of increasing the Vice-Mayor’s salary above that of other Council Members, but because the Vice-Mayor’s Office has additional duties, he suggested augmentation of the Vice-Mayor’s Staff budget be considered. Council Member Diaz amended his motion to include that issue as direction to Staff for review in the Budget Process. Council Member Dando stated that to be consistent with her previous votes on increasing salaries for the Mayor and City Council and related salary issues, she opposed the motion. Council Member Shirakawa, Jr., stated it was not comfortable to vote on a salary increase for oneself, however, he thinks the increase is deserved because Council Members work hard and need to support their families as others do, and for those reasons, he would support the measure. Mayor Gonzales requested clarification of the motion on the issue in Recommendation No. 4 pertaining to enforcing the policy on missed meetings, and suggested that issue be referred to the City Attorney’s Office for report back on an implementation process, and the motion was so amended. On a call for the question, the motion was approved as amended, Recommendation Nos. 1 through 4 dated April 23, 1999, recommending the Mayor’s salary be increased by 2.57% for the period of July 1, 1999 through June 30, 2000 for a salary of $92,500 and by 2.7% for the period of July 1, 2000 through June 30, 2001 for a salary of $95,000; the Council Members’ salaries be increased by 3.19% for the period of July 1, 1999 through June 30, 2000 for a salary of $62,500 and an increase of 4% for the period of July 1, 2000 through June 30, 2001 for a salary of $65,000; that all medical, dental and life insurance benefits currently in effect continue unchanged; that Council Members continue to be required to pay the sum of $100 for unexcused, missed meetings, pursuant to City Charter Section 407 and an enforceable avenue of accountability be established, were approved, the penalty process for missed meetings was referred to the City Attorney’s Office, consideration of augmenting the Vice-Mayor’s staff budget was referred to the Administration as part of the Budget Process, and Ordinance No. 25873, entitled: “An Ordinance of the City of San José Adopting Salaries for the Council Members Recommended by the Council Salary Setting Commission, Pursuant to City Charter Section 407, was passed for publication. Vote: 6-1-4-0. Noes: Dando. Absent: LeZotte, Matthews, Powers, Woody.

 

COMMISSION, COMMITTEE, AND STANDING REPORTS

 

7a           Report of the Committee of the Whole – April 26, 1999

                        Mayor Gonzales, Chair

 

               Documents filed: Committee of the Whole report of April 26, 1999.

 

               (1)        Emergency Medical Services

 

                                       The Committee endorsed the April 21, 1999 letter from the Santa Clara County City Managers’ Association as the City of San José’s recommended systems design for the County EMS RFP and supported broadening the role of the Advisory Committee and approving the revised schedule, and referred to Staff other issues as expressed at the meeting.

 

               Discussion/Action: The Committee of the Whole report and recommendations of April 26, 1999 were accepted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

               Documents filed: Rules/Agency Rules Committee report of May 12, 1999.

 

               (1)        Redevelopment Agency Agenda

                                       (a)        Review May 25, 1999 Agenda

 

                                                   The Committee approved the May 25, 1999 Redevelopment Agency agenda.

 

                                       (b)        Add New Items to May 18, 1999 Amended Agenda

 

                                                   There was no Redevelopment Agency meeting scheduled for May 18, 1999.

 

               (2)        City Council Agenda

                           (a)        Review May 25, 1999 Agenda

 

                                                   The Committee approved the May 25, 1999 City Council agenda with one addition.

 

                                       (b)        Add New Items to May 18, 1999 Amended Agenda

 

                                                   The Committee recommended five additions to the May 18, 1999 Council agenda.

 

               (3)        Meeting Schedules

                                       (a)        Schedule Rules-in-Lieu meeting for May 26, 1999

 

                                       The Committee scheduled a Rules-in-Lieu meeting for 1:00 p.m. on May 26, 1999.

 

               (4)        The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated May 6, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period April 28 – May 4, 1999.

 

                                       The Committee noted and filed the Public Record.

 

               (5)        Report back on extension of Armory Program. Attachment: (1) Memorandum from Director of Intergovernmental Relations, Betsy Shotwell, dated May 6, 1999, recommending approval of a draft letter to Governor Gray Davis on extension of the Armory Program. (2) Supplemental memorandum from Intergovernmental Relations Director Betsy Shotwell dated May 13, 1999, recommending approval of a draft letter to Governor Davis on the extension of the Armory Program.

7b           Report of the Rules/Agency Rules Committee – May 12, 1999 (Cont’d.)

 

               (5)        Report back on extension of Armory Program. (Cont’d.)

 

                                       The Committee directed the Administration to make two corrections before sending the letter on the extension of the Armory Program, on behalf of the City Council, to Governor Gray Davis.

 

                                       Discussion/Action: Council referred this item to Rules Committee for referral to the Economic and Community Development Committee.

 

               (6)        Boards and Commissions. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated April 30, 1999, submitting applications of candidates qualified by the Project Diversity Screening Committee to fill twenty-five positions on eight City Commission. (2): Memoranda from City Attorney Joan R. Gallo, dated March and April 1999, reviewing all commission applicants for potential conflicts of interest. (3) Memoranda from Council Member Powers dated May 11, 1999, recommending applicants for appointment to the Airport, Arts and Library Commissions. (4) Memoranda from Council Member Dando dated May 4, 1999, recommending applicants for appointment to the Child Care and Traffic Appeals Commission. (5) Memorandum from Council Member Diaz dated May 4, 1999, recommending an applicant for appointment to the Disadvantaged Business Development Commission. (6) Memorandum from Council Member Diquisto dated May 4, 1999, recommending applicants for appointments to the Parks and Recreation Commission.

                           (a)        Airport Commission

 

                                                   The Committee recommended appointment of Noel Tebo and David Marshall to four-year terms ending June 30, 2003.

 

                           (b)        Arts Commission.

 

                                                   The Committee recommended appointment of Anne Barrett (Incumbent), Natalie Hala (Incumbent), Magda Madriz (Incumbent), Robert Miller (Incumbent) and Victor Mike Farias to three-year terms ending June 30, 2002; Stephen McCray to a two-year term ending June 30, 2001; and Sunil Baliga and Ben Miyaji to a one-year term ending June 30, 2000.

 

                           (c)        Child Care Commission

 

                                                   The Committee recommended appointment of Katherine Moore-Wines to an unexpired term ending June 30, 2000.

 

                           (d)        CDBG Steering Committee

 

                                                   The Committee directed the Clerk’s Office to readvertise five vacant positions and to return to the Rules Committee at the beginning of August for consideration of appointments.

 

                           (e)        Disadvantaged Business Development Commission

 

                                                   The Committee directed the Clerk’s Office to readvertise the vacant positions and to return to the Rules Committee at the beginning of August for consideration of appointments.

 

                           (f)         Library Commission

 

                                                   The Committee recommended appointment of Camille Laturno and Edna Sewill to four-year terms ending June 30, 2003.

 

                           (g)        Parks and Recreation Commission

 

                                                   The Committee recommended appointment of Jake Gutierrez, Liem Nguyen, and Dagmar Poffenroth (Incumbent) to four-year terms ending June 30, 2003.

 

                           (h)        Traffic Appeals Commission

 

                                       The Committee recommended appointment of Mitchell Ehrlich to an unexpired term ending June 30, 2000.

 

               (7)        Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee

 

                           There were none.

 

               (8)        Oral communications

 

                                       None presented.

 

               (9)        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 May 12, 1999, were accepted, with Item 7b(5) referred to the Economic and Community Development Committee. ` Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

7c           Report of the Finance and Technology Committee – May 12, 1999

                        Council Member Woody, Chair

 

               Documents filed: Finance and Technology Committee minutes of May 12, 1999.

 

               (1)        Monthly Investment Report for March 1999. Attachment: Memorandum from Director of Finance Guthrie dated April 27, 1999, transmitting the March 1999 Investment Report.

 

                                       The Committee accepted the report.

 

               (2)        March Investment Committee Minutes. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated April 27, 1999, transmitting the minutes of the March 4, 1999, Investment Committee meeting.

 

                                       The Committee accepted the report with the instruction that Staff reports on developing guidelines, setting terms, and recruiting new members for the Investment Committee, to be brought back to the Finance and Technology Committee.

 

               (3)        Annual Review of Investment Policy. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated April 29, 1999, recommending a Revision to the Investment Policy for the City of San José.

 

                                       See Item 9f for Council action taken.

 

               (4)        Monthly Financial Report for March 1999. Attachment: Memorandum from Budget Director Larry D. Lisenbee, dated May 3, 1999, transmitting the March 1999 Financial report.

 

                                       The Committee accepted the report.

 

               (5)        Oral petitions

 

                                       None presented.

 

               (6)        Adjournment

 

                                       The meeting was adjourned at 9:35 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 May 12, 1999 accepted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

7e           Report of the Transportation and Environment Committee – May 13, 1999

                        Council Member Powers, Chair

               (1)        Consent Calendar

               (2)        Quarterly Status Report for the South Bay Water Recycling

               (3)        Approval of Workplan for Development of Green Building Policy Recommendations

               (4)        Approval of San José as the Signatory to Santa Clara County Message on CALFED Bay-Delta Program

               (5)        Report on Valley Transportation Plan 2020

               (6)        Verbal Report and Discussion on Measure A/B Base Plan

               (7)        Approval of the T & E Committee Workplan for August through December 1999

               (8)        Oral petitions

               (9)        Adjournment

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 1, 1999.

 

LAND USE AND DEVELOPMENT

 

8a           PUBLIC HEARING and adoption of a resolution approving the vacation of portions of Gold Street northwesterly of State Route 237. CEQA: Resolution No. 67684. (Public Works)

 

               Documents filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 13, 1999, recommending adoption of said resolution. (2) Proof of publication of Resolution No. 68841, approving those portions of Gold Street between State Route 237 and Guadalupe River which Council proposes to vacate; setting a public hearing thereon; and directing notice thereof to be posted, was submitted by the City Clerk. (3) Affidavit of Postings of Notice of Public Hearing submitted by the Director of Public Works.

 

8a           (Cont’d.)

 

               Discussion/Action: Upon motion by Council Member Fiscalini, Council Member Dando, and unanimously carried, Resolution No. 68878, entitled: “Resolution of the Council of the City of San José Vacating All of those Portions of Gold Street Northerly of State Route 237, Directing the Director of Public Works to Negotiate the Sale of the Vacated Portions of Right-of-Way as Prescribed by Law, and Directing the City Manager to Execute All Sale Documents”, was adopted. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

9b           Direction to the City Attorney to prepare an ordinance amending the Municipal Code to permit Council approval of contracts for the provision of water service by the San José Water System (SJMWS) to property located outside the SJMWS service area, without requiring annexation to the City, under special circumstances. (Environmental Services)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 1, 1999.

 

9c           Report on bids and approval of award of contract for the construction project entitled, “San José/Santa Clara Water Pollution Control Plant, FY 98-99 Capital Improvement Program, East Primaries Handrail Replacement” to the low bidder, Bugler Construction, Inc. in the amount of $683,725, and approval of a contingency in the amount of $80,000. CEQA:  Exempt. (Environmental Services)

 

               Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 6, 1999, recommending award of said contract to the low bidder, Bugler Construction, Inc., and approval of a related contingency. (2) Letter from the Treatment Plant Advisory Committee dated May 14, 1999, stating concurrence with the Staff recommendation.

 

               Discussion/Action: The award of said contract to the low bidder, Bugler Construction, Inc., and said related contingency, were approved. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

9d           (1)        Approval of the City of San José Living Wage Policy Six Month Evaluation Report.

               (2)        Adoption of a resolution amending Resolution No. 68554 making technical changes to the City of San José Living Wage Policy.

               (Office of Equality Assurance)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 8, 1999.

 

9e           Adoption of a resolution:

               (1)        For payment of extended compensation (including supplemental salary, health, dental, life insurance premiums, and retirement contributions) for eligible employees called to active duty in the Kosovo crisis during the period June 1, 1999 to November 30, 1999, benefits to last for a maximum of 13 full pay periods.

               (2)        Delegating authority to the City Manager or designee to sign agreements detailing the repayment requirements of the supplementary benefits with affected employees.

               (3)        For approval of benefits contingent on the waiver of meet and confer rights by all affected bargaining groups.

               (Employee Relations)

               (Rules/Agency Rules Committee referral 5/19/99)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 1, 1999.

 

9f            Approval of the revision to the Investment Policy for the City of San José.

               (Finance and Technology Committee referral 5/12/99 – Item 7c(3)]

 

               Documents filed: See Item 7c(3) for Staff report dated April 29, 1999, by Finance Director Guthrie, submitting a revision to the Investment Policy for the City of San José and recommending approval.

 

               Discussion/Action: The Investment Policy revision was approved. Vote: 7-0-4-0. Absent: LeZotte, Matthews, Powers, Woody.

 

FISCAL AFFAIRS

 

10a         (1)        Adoption of a resolution revising Recycle Plus (RP) service rates for services beginning July 1, 1999.

               (2)        Adoption of a resolution revising the Commercial Solid Waste Collection Franchise Fee for services beginning July 1, 1999.

               (Environmental Services)

               (Deferred from 4/13/99 – Item 10a et al., and 5/11/99 – Item 10a)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 1, 1999.

 

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS

 

               The Council of the City of San José convened the Redevelopment Agency Board at 2:28 P.M. to consider Item 11a in a joint session.

 

11a         Adoption of resolutions by the City Council and the Redevelopment Agency Board finding and determining the public interest and necessity for acquiring by condemnation certain real property described as 48 South 4th Street, 58 South 4th Street, 64 South 4th Street, 78 South 4th Street, and an unaddressed parcel (APN #467-23-008, 007, 005, 072, & 006), and authorizing the acquisition of these properties by eminent domain. CEQA: Resolution No. 64273 and 68839. (Redevelopment Agency/City Manager’s Office)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to June 8, 1999.

 

               The Joint City Council/Redevelopment Agency Board portion of the meeting was adjourned at 2:30 P.M.

 

ORAL COMMUNICATIONS

 

               (1)        Cathy Brandhorst addressed Council on societal issues.

               (2)        Satish Ram spoke about issues affecting the homeless.

               (3)        Ross Signorino spoke about free speech issues.

 

ADJOURNMENT

 

            The Council of City of San José adjourned at 2:37 P.M. to a Joint City/Redevelopment             Agency meeting.

 

 

RON GONZALES, MAYOR

 

ATTEST:

NANCY ALFORD, ASSISTANT CITY CLERK