The Council of the City of San Jose convened in regular session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Dando.
Upon
motion unanimously adopted, the City Council recessed to a Closed Session at
9:35 a.m. in Room 600 to (A) confer with Legal Counsel with respect to existing
litigation pursuant to Government Code Section 54956.9 Subsection (a) to
consider the cases of In re Kyseth; In re Schultz; Steffin vs. City of San
José, et al.; Cao vs. City of San José, et al.; Simpson vs. City of San José,
et al.; and (B) to confer with Legal Counsel - Anticipated Litigation -
regarding the initiation of litigation in two (2) matters pursuant to
subsection (c) of Section 54956.9 of the Government Code.
By
unanimous consent, Council reconvened from the Closed Session and recessed at
11:15 a.m. and reconvened at 1:33 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Diaz, Diquisto, Matthews, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: Dando.
Rabbi Eitan Julius, Congregation Sinai, delivered the invocation. (District 6)
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Council Member LeZotte, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Dando.
CEREMONIAL
ITEMS
5d Presentation of a commendation to Oak
Grove High School for being named a “Distinguished California School.” (Powers)
(Orders of the Day 4a)
Documents
Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Powers presented a commendation to Oak Grove High School Principal Felton Owens, Associate Principal John Cannizzaro, and Villa Principal Al Arfollo in recognition of their accomplishments as a recipient of the Distinguished California School Award. Mayor Gonzales presented the commendation to the School Administrators and congratulated them on their achievements.
5e Presentation of a commendation to
recognize and appreciate Beverly Perry, teacher at Cherrywood Elementary, for
40 years of outstanding service, both as a teacher and as a coordinator of the
Cherrywood Safety Patrol Drill Team and Marching Units. (Matthews)
(Rules/Agency Rules-in-lieu
referral 5/26/99)
Documents Filed: None.
Discussion/Action: Joined by Mayor Gonzales at the Podium, Council Member Matthews introduced honoree Beverly Perry and Police Sgt. Melanie Bertelsen, School Safety and Education Division, San José Police Department, who conveyed the Police Department’s appreciation to Ms. Perry for her 40 years of service both as a Safety Patrol Advisor and as a teacher in the Berryessa Union School District. She acknowledged the presence of honored guests Sue McBride, Principal of Cherrywood Elementary School, Police Chief Lansdowne, Police Capt. Ralph Torres, Police Lt. John Cook, and Safety Patrol Program Coordinators Georgie Branham, Jan Gephart, and Tom Fox. Mayor Gonzales presented the commendation to the honoree in recognition of the educator’s 40 years of outstanding service to the City of San José, and introduced six Corps Members of the Cherrywood Marching Unit who saluted the honoree.
CONSENT CALENDAR
Upon motion by Council Member, seconded by Council Member and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: Dando.
Minutes
for Approval
6a(1) Regular Meeting of April 27, 1999
Documents Filed: Minutes of the regular meeting of April 27, 1999.
Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Dando.
6a(2) Joint City Council/Redevelopment Agency
Meeting of April 27, 1999
Documents Filed: Minutes of the joint meeting of April 27, 1999.
Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Dando.
6a(3) State of the City Convocation - April 28,
1999
Documents Filed: Minutes of the Convocation of April 28, 1999.
Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Dando.
Ordinances
for Final Adoption
6b(1) ORD. NO. 25837 – Amends Section 1.15.070 of Chapter 1.15 of Title 1 of the San José Municipal Code to extend the period of time in which to apply for an advance deposit hardship waiver in connection with requesting a hearing to challenge an administrative citation.
Documents Filed: Proof of publication of the title of Ordinance No. 25837 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25837 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(2) ORD. NO. 25838 – Amends Chapter 17.12
of the San José Municipal Code to adopt the 1998 California Fire Code with
amendments and to make express findings of fact that such requirements are
needed because of local conditions.
Documents Filed: Proof of publication of the title of Ordinance No. 25838 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25838 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(3) ORD. NO. 25839 – Amends Title 24
of the San José Municipal Code to adopt the 1997 Uniform Building, Plumbing,
and Mechanical Codes with certain exceptions, modifications, and additions.
Documents Filed: (1) Memorandum from City Attorney, Joan R. Gallo, dated May 28, 1999, noting technical corrections to the 1997 Uniform Building Code Ordinance which was approved for publication on May 18, 1999. (2) Proof of publication of the title of Ordinance No. 25839 dated May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25839 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(4) ORD. NO. 25840 – Amends Section
2.08.150 of Chapter 2.08 of Title 2 of the San José Municipal Code to permit
appointments to City boards and commissions for a term shorter than the term
established for the board or commission.
Documents Filed: Proof of publication of the title of Ordinance No. 25840 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25840 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(5) ORD. NO. 25841 – Grants a
Commercial Solid Waste and Recyclables Collection Franchise to AAA Express
Roll-Off Disposal.
Documents Filed: Proof of publication of the title of Ordinance No. 25841 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25841 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(6) ORD. NO. 25842 – Grants a
Commercial Solid Waste and Recyclables Collection Franchise to All Points
Roll-Off.
Documents Filed: Proof of publication of the title of Ordinance No. 25842 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25842 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(7) ORD. NO. 25843 – Grants a
Commercial Solid Waste and Recyclables Collection Franchise to All Trash
Recycling.
Documents Filed: Proof of publication of the title of Ordinance No. 25843 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25843 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(8) ORD. NO. 25844 – Grants a
Commercial Solid Waste and Recyclables Collection Franchise to Bay Counties
Waste Services, Inc.
Documents Filed: Proof of publication of the title of Ordinance No. 25844 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25844 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(9) ORD. NO. 25845 – Grants a
Commercial Solid Waste and Recyclables Collection Franchise to BFI Waste
Systems of North America, Inc.
Documents Filed: Proof of publication of the title of Ordinance No. 25845 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25845 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(10) ORD. NO. 25846 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to BPS Market Management, Inc.
dba Recycle West.
Documents Filed: Proof of publication of the title of Ordinance No. 25846 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25846 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(11) ORD. NO. 25847 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Butterick Enterprises dba
B&B Roll-Off Service.
Documents Filed: Proof of publication of the title of Ordinance No. 25847 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25847 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(12) ORD. NO. 25848 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Custom Disposal Service.
Documents Filed: Proof of publication of the title of Ordinance No. 25848 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25848 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(13) ORD. NO. 25849 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Diversified Recycling
Services, Inc. dba San José Recycling II.
Documents Filed: Proof of publication of the title of Ordinance No. 25849 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25849 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(14) ORD. NO. 25850 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to The Flea Market, Inc.
Documents Filed: Proof of publication of the title of Ordinance No. 25850 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25850 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(15) ORD. NO. 25851 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Green Valley Disposal Co.,
Inc.
Documents Filed: Proof of publication of the title of Ordinance No. 25851 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25851 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(16) ORD. NO. 25852 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to GreenTeam of San José dba
GT Waste Services.
Documents Filed: Proof of publication of the title of Ordinance No. 25852 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25852 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(17) ORD. NO. 25853 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to GreenWaste Recovery, Inc.
dba $99 Debris Box.
Documents Filed: Proof of publication of the title of Ordinance No. 25853 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25853 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(18) ORD. NO. 25854 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Grifall Trucking, Inc.
Documents Filed: Proof of publication of the title of Ordinance No. 25854 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25854 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(19) ORD. NO. 25855 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Hollister Disposal, Inc.
Documents Filed: Proof of publication of the title of Ordinance No. 25855 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25855 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(20) ORD. NO. 25856 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to J.H.M. Services, Inc.
Documents Filed: Proof of publication of the title of Ordinance No. 25856 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25856 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(21) ORD. NO. 25857 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Jonna Corp. dba Premier
Recycle.
Documents Filed: Proof of publication of the title of Ordinance No. 25857 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25857 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(22) ORD. NO. 25858 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Los Altos Garbage Co. dba
Stevens Creek Disposal & Recycling.
Documents Filed: Proof of publication of the title of Ordinance No. 25858 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25858 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(23) ORD. NO. 25859 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Newark Group, Inc. dba
Recycled Fibers.
Documents Filed: Proof of publication of the title of Ordinance No. 25859 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25859 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(24) ORD. NO. 25860 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Number “1” Disposal.
Documents Filed: Proof of publication of the title of Ordinance No. 25860 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25860 ws adopted. Vote: 10-0-1-0. Absent: Dando.
6b(25) ORD. NO. 25861 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Precision Roofing, Inc. dba
Forced Dump.
Documents Filed: Proof of publication of the title of Ordinance No. 25861 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25861 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(26) ORD. NO. 25862 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Panther Industries.
Documents Filed: Proof of publication of the title of Ordinance No. 25862 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25862 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(27) ORD. NO. 25863 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Recycling Systems.
Documents Filed: Proof of publication of the title of Ordinance No. 25863 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25863 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(28) ORD. NO. 25864 – Grants a Commercial
Solid Waste and Recyclables Collection Franchise to Waste Management of
California, Inc.
Documents Filed: Proof of publication of the title of Ordinance No. 25864 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25864 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(29) ORD. NO. 25865 – Amends Chapter
20.08 of Title 20 of the San José Municipal Code by adding a new Section
20.08.125 to limit the amount of paving in the front setback area for any
one-family dwelling or any lot situated in a R-1 Residence District.
Documents Filed: Proof of publication of the title of Ordinance No. 25865 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25865 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(30) ORD. NO. 25866 – Rezones certain
real property situated on the southwest and southeast corners of Yerba Buena Road
and Silver Creek Valley Road. PDC
98-08-055
Documents Filed: Proof of publication of the title of Ordinance No. 25866 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25866 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(31) ORD. NO. 25867 - Rezones certain
real property situated on the northwest corner of San Felipe Road and Yerba
Buena Road. PD 99-01-005
Documents Filed: Proof of publication of the title of Ordinance No. 25867 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25867 was adopted. Vote: 10-0-1-0. Absent: Dando.
6b(32) ORD. NO. 25868 - Rezones certain
real property situated at the southeast corner of North First Street and
Baypointe Drive. PDC 99-04-034
Documents Filed: Proof of publication of the title of Ordinance No. 25868 dated
May 25, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25868 was adopted. Vote: 10-0-1-0. Absent: Dando.
Public
Hearings Set by Council
6c(1) (a) Preliminary
approval of the report as filed by the Advisory Board, Willow Glen Business
Association, or as modified by Council.
(b) Adoption of a resolution of intention to levy the annual
assessment for 1999-2000 in the Willow Glen Business Improvement District, and
setting a public hearing on June 15, 1999 at 1:30 p.m. on the levy of
the proposed assessments.
(Economic Development)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 12, 1999, recommending Council preliminarily approve the report and adopt said resolution.
Discussion/Action: Preliminary approval of the report as filed by the Advisory Board was granted; and Resolution No. 68879, entitled: “A Resolution of the Council of the City of San José Declaring Its Intent to Levy the Assessment for Fiscal Year 1999-2000 in the Willow Glen Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989”, was adopted. Vote: 10-0-1-0. Absent: Dando.
6c(2) (a) Preliminary
approval of the report as filed by the Advisory Board, Japantown Business
Association, or as modified by Council.
(b) Adoption of a resolution of intention to levy the annual
assessment for 1999-2000 in the Japantown Business Improvement District, and
setting a public hearing on June 15, 1999 at 1:30 p.m. on the levy of
the proposed assessments.
(Economic Development)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 12, 1999, recommending Council preliminarily approve the report and adopt said resolution.
Discussion/Action: Preliminary approval of the Report as filed by the Advisory Board was granted; and Resolution No. 68880, entitled: “A Resolution of the Council of the City of San José Declaring Its Intent to Levy the Assessments for Fiscal Year 1999-2000 in the Japantown Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989”, was adopted. Vote: 10-0-1-0. Absent: Dando.
6c(3) Adoption of a resolution initiating the
conforming prezoning of 1.91 acres located in the public right-of-way of
Stevens Creek Boulevard and O'Connor Drive extending approximately 500 feet
west and 125 feet east of DiSalvo Avenue, from County to A-Agricultural Zoning
District, and setting a public hearing on June 15, 1999 at 7:00 p.m.
(Planning, Building and Code Enforcement)
CC 99-05-040 – District 6
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 19, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68881, entitled: “Resolution of the Council of the City of San José Initiating Proceedings On Its Own Motion to Prezone Certain Real Property Situated in the Public Right of Way of Stevens Creek Boulevard and O’Connor Drive Extending Approximately 500 Feet West and 125 Feet East of DiSalvo Avenue From County to A-Agricultural Zoning District”, was adopted. Vote: 10-0-1-0. Absent: Dando.
6c(4) Adoption of a resolution initiating the
conforming prezoning of 0.74 acre located in the public right-of-way on the
east side of North Bascom Avenue extending from Forest Avenue to Olive Street
and the entire Forest Avenue right-of-way from North Bascom Avenue to Topeka
Avenue, from County to A-Agricultural Zoning District, and setting a public
hearing on June 15, 1999 at 7:00 p.m. (Planning, Building and Code
Enforcement)
CC99-05-041 – District 6
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 19, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68882, entitled: “Resolution of the Council of the City of San José Initiating Proceedings On Its Own Motion to Prezone Certain Real Property Situated in the Public Right of Way on the East Side of North Bascom Avenue Extending From Forest Avenue to Olive Street and the Entire Forest Avenue Right of Way From North Bascom Avenue to Topeka Avenue From County to A-Agricultural Zoning District”, was adopted. Vote: 10-0-1-0. Absent: Dando.
Contracts/Agreements
6e(1) Adoption of a resolution authorizing the
City Attorney to negotiate and execute an amendment to the continuation
agreement with Robert A. Cook Acquisition Corporation for subpoena and legal photocopying
services, to increase the total amount of compensation by $6,000 for a total
amount not to exceed $56,000.
(City
Attorney’s Office)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated May 25, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68883, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute an Amendment to the Continuation Agreement for Subpoena and Legal Photocopying Services With Robert A. Cook Acquisition Corporation, in an Additional Amount Not to Exceed $6,000, for a Total Not to Exceed $56,000”, was adopted. Vote: 10-0-1-0. Absent: Dando.
6e(2) Adoption of a resolution authorizing the
City Attorney to negotiate and execute a seventh amendment to the legal
services amendment with James G. Leathers, Jr., to increase the total amount of
compensation by $5,000 for a total amount not to exceed $55,000. (City
Attorney’s Office)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated May 26, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68884, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Seventh Amendment to an Agreement For Legal Services With James G. Leathers, Jr., in an Additional Amount Not to Exceed $5,000, for a Total Not to Exceed $55,000”, was adopted. Vote: 10-0-1-0. Absent: Dando.
6e(3) Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 1998-99 # 32, 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 12, 1999, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 32 for FY 1998-99 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Dando.
6e(4) Report on bids and award of purchase of
one (1) articulated four-wheel drive loader for the Streets and Traffic
Department to the lowest responsive bidder, Peterson Tractor Company, at a
total cost of $175,139.16, including tax, and authorization for the Director of
General Services to:
(a) Execute the purchase order for the purchase of one (1)
articulated four-wheel drive tractor.
(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 Director of General Services, Steve S. Yoshino, dated May 12, 1999, recommending Council accept the report on bids and award said contract to the lowest responsive bidder, Peterson Tractor Company, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The report on bids was accepted and award of purchase to Peterson Tractor Company, the lowest responsive bidder, approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Dando.
6e(5) Approval of award of purchase of one (1)
28,000-pound GVWR cab & chassis with maintenance body and crane for the
Streets and Traffic Department to the lowest responsive bidder, Garden State
International Trucks, Inc., at a total cost of $108,724.44, including tax, and
authorization for the Director of General Services to:
(a) Execute the purchase order for the immediate purchase of
one (1) 28,000-pound GVWR cab and chassis with maintenance body and crane.
(b) Execute a 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
(c) Approval of a contingency in the amount of $10,800 for
unforeseen engineering requirements that may arise since the publication of the
bid specifications.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated May 12, 1999, recommending Council approve said award to the lowest responsive bidder, Garden State International Trucks, Inc., and authorize the Director of General Services to execute all documents to complete the transaction.
Discussion/Action: The award of purchase to Garden State International Trucks, Inc., the lowest responsive bidder, was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Dando.
6e(6) Approval of a lease agreement with
Cornerstone Properties II, LLC, a California Limited Liability Company for
1,469 sq. ft. of rentable office space located at 4 North Second Street for the
Department of Parks, Recreation and Neighborhood Services for a period of five
(5) years commencing June 1, 1999, at a rental rate of $3,305.25 per month
during the first year of the lease with annual increases in the monthly rent of
$146.90 to a maximum rate of $3,892.85 per month during the fifth and final
year of the lease. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 12, 1999, recommending Council approve said lease agreement.
Discussion/Action: William J. Garbett spoke against the proposed action. The lease agreement with Cornerstone Properties II, LLC, was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Dando.
6e(7) Adoption of a resolution modifying the
authorization granted to the Director of Public Works by Resolution No. 68589
and authorizing the Director of Public Works to enter into a Land Transfer
Agreement, with the County of Santa Clara ("County"), which accepts
County transfer of the remaining portion of the property at 2090 Evans Lane
with a restricted access easement, and indemnifies the County against certain,
potential environmental problems at the existing WRC site at 245 George Street.
CEQA: Resolution No. 65071. (Public
Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 12, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68885, entitled: “A Resolution of the Council of the City of San José Modifying the Authorization Granted to the Director of Public Works by Resolution Number 68521 Regarding a Land Transfer Agreement With the County of Santa Clara For the Transfer of the Women’s Residential Center From the County to the City”, was adopted. Vote: 10-0-1-0. Absent: Dando.
6e(8) 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) and 5/25/99 – Item 6e(17)]
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 29, 1999, recommending Council approve said consultant agreement. (2) Supplemental letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated
May 14, 1999, recommending approval of said consultant agreement.
Discussion/Action: The consultant services agreement with Steven Colby was approved and its execution authorized. Vote: 10-0-1-0. Absent: Dando.
6e(9) 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)
[Deferred from 5/25/99 – Item 6e(5)]
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 6, 1999, recommending Council approve said amendment.
(2) Supplemental letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated May 14, 1999, recommending approve of said amendment.
Discussion/Action: The first amendment to the consultant services agreement with Black & Veatch was approved and execution of the amendment authorized
Vote: 10-0-1-0. Absent: Dando.
6e(10) 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)
[Deferred from 5/25/99 – Item 6e(6)]
Documents Filed: None.
Discussion/Action: This item was deferred to June 15, 1999.
6e(11) 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)
[Deferred from 5/25/99 – Item 6e(7)]
Documents Filed: None.
Discussion/Action: This item was deferred to June 15, 1999.
6e(12) Adoption of a resolution authorizing the
City Attorney to negotiate and execute amendments to the provider agreements
with Gardner Family Health Network, Inc. and the County of Santa Clara for
participation in the Municipal Health Services Program, to provide for
reimbursement of expenditures in connection with the Communications Software
Conversion. (City Attorney’s Office)
(Rules/Agency Rules-in-lieu referral 5/26/99)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated May 26, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68886, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute Amendments to Provider Agreements With Gardner Family Health Network, Inc. and the County of Santa Clara For Participation in the San José Municipal Health Services Program, For Reimbursement of Expenditures in Connection With the Communications Software Conversion”, was adopted. Vote: 10-0-1-0. Absent: Dando.
Routine
Legislation
6f(1) Approval
of an ordinance amending Chapter 9.45 of Title 9 of the San José Municipal Code
to ban all self-service displays of tobacco products.
(City Attorney’s Office)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated May 14, 1999, recommending Council approve said ordinance.
Discussion/Action: Carol Baker, American Cancer Society, spoke in support of the proposed ordinance. Ordinance No. 25874, entitled: “An Ordinance of the City of San José Amending Title 9 of the San José Municipal Code by Amending Chapter 9.45 to Regulate the Commercial Storage and Display of Tobacco Products”, was passed for publication. Vote: 10-0-1-0. Absent: Dando.
6f(2) Approval of one (1) proposed City Event at the San José Arena on Monday, June 14, 1999, for the Jubilee Christian Center as provided in the San José Arena Management Agreement. (San José Arena Authority)
Documents Filed: (1) Memorandum from City Attorney, Joan R. Gallo, dated May 27, 1999, explaining the reason for the San José Arena Authority’s request to drop Council consideration of the aforementioned item. (2) Memorandum from San José Arena Authority, Executive Director Chris Morrisey, dated May 11, 1999, requesting the use of one “City Event” date for a community event.
Discussion/Action: This item was dropped at the request of the Applicant.
6f(3) Adoption of a resolution initiating
proceedings and setting June 15, 1999 at 1:30 p.m. as the date for
Council consideration of the reorganization of territory designated as Burbank
No. 33 which involves the annexation to the City of San José of 2.21 acres of
land, located at the northeast corner of Stevens Creek Boulevard and DiSalvo
Avenue and the detachment of the same from the Central Fire Protection District,
County Library Services, and West Valley Sanitation District. CEQA: Resolution
No. 65459. District 6.
(Planning,
Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 19, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68887, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Burbank No. 33 and Described Herein, and Setting the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Dando.
6f(4) Adoption of a resolution initiating
proceedings and setting June 15, 1999 at 1:30 p.m. as the date for
Council consideration of the reorganization of territory designated as Burbank
No. 34 which involves the annexation to the City of San José of 0.79 acre of
land, located at the southeast corner of North Bascom Avenue and Forest Avenue
and the detachment of the same from the Central Fire Protection District,
County Library Services, Burbank Sanitary District and County Lighting
Services. CEQA: Resolution No. 65459. District 6.
(Planning,
Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 19, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68888, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Burbank No. 34 and Described Herein, and Setting the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Dando.
6f(5) Approval
of an ordinance adopting the 1996 National Electrical Code and Chapter 5 of the
1997 Uniform Code for Building Conservation without any substantive local
amendments, and to specify findings for the previously enacted local amendments
to the 1997 Uniform Building Code. (City Attorney’s Office)
(Orders
of the Day 4b)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated May 28, 1999, recommending Council approve said ordinance.
Discussion/Action: Ordinance No. 25875, entitled: “An Ordinance of the City of San José to Adopt the 1996 National Electrical Code and Chapter 5 of the 1997 Uniform Code for Building Conservation Code Without Any Substantive Local Amendments and to Specify Findings For the Previously Enacted Local Amendments to the 1997 Uniform Building Code”, was passed for publication. Vote: 10-0-1-0. Absent: Dando.
6f(6) Approval of Council Member Manny Diaz’
travel to Philadelphia, Pennsylvania, June 16-20, 1999, to attend the National
Association of Latino Elected Official’s 16th Annual Conference.
Funding: District 5 funds. (Diaz)
(Rules/Agency Rules-in-lieu referral 5/26/99)
Documents Filed: None.
Discussion/Action: The travel for Council Member Diaz to attend the National Association of Latino Elected Official’s 16th Annual Conference in Philadelphia, PA, was approved. Vote: 10-0-1-0. Absent: Dando.
COMMISSION, COMMITTEE, AND
STANDING REPORTS
7b Report of the Rules/Agency Rules
Committee – May 19, 1999
Documents Filed: Rules/Agency Rules Committee report of May 19, 1999
(1) Redevelopment Agency Agenda
(a) Review June 1, 1999 Agenda
The Committee approved the Redevelopment Agency Agenda for June 1, 1999 with two changes.
(b) Add New Items to May 25, 1999 Amended Agenda
The Committee recommended three additions to the May 25, 1999 Redevelopment Agency Agenda.
(2) City Council Agenda
(a) Review June 1, 1999 Agenda
In reply to a District 3 resident’s question about the Downtown Civic Center Project Public Hearings to be held on June 1, 1999, the Committee directed the City Attorney’s office to respond with a process for continuing the afternoon Public Hearings to the evening to accommodate people who wish to speak at either time. The Committee approved the June 1, 1999 Council Agenda with four additions and one change.
(b) Add New Items to May 25, 1999 Amended Agenda
The Committee recommended one addition to the May 25, 1999 Council Agenda.
(3) Meeting Schedules
None presented.
(4) The Public Record
No Public Record Filed.
(5) Report back on request for Parking Control Officers. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated May 19, 1999, responding to the Rules Committee request for information on personnel vacancies in the parking Compliance Unit.
The Committee accepted Director Tanda’s report that described the maintenance of staffing levels over the past two years in the Parking Control Unit.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(a) Discussion and approval of a proposal changing public noticing procedure. Attachments: (1) Memorandum from Mayor Gonzales, dated March 13, 1999, recommending direction to the Administra-tion to develop a proposal changing the existing 300-foot public noticing radius to a larger radius, include a recommendation requiring the builder to post a 4x8-foot sign on the lot describing the proposed use of the subject property, and to report back to the Economic and Community Development Committee with the completed proposal along with a marketing plan highlighting the existing and new online planning information. (2) Memorandum from Council Member Diaz, dated May 18, 1999, proposing changes to public noticing procedure, in addition to the recommendations contained in Mayor Gonzales’ memorandum. (3) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 19, 1999, responding to the Mayor’s recommendation for a policy to change public hearing noticing procedure.
The Committee approved Mayor Gonzales’ recommendation that directed the Administration to develop a proposal changing public noticing procedure, which would include Council Member Diaz’ recommendation for noticing in appropriate languages. The Committee referred the issue to the June 7, 1999 Economic and Community Development Committee meeting.
(7) Oral Communications
William J. Garbett commented on various subjects.
(8) Adjournment