MINUTES OF THE CITY COUNCIL
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, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to a Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel pertaining to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the following cases: Preservation Action Council of San José v. City of San José, et al.; Varela vs. City of San José, et al.; and City of San José, et al. vs. Cactus Club; (B) to confer with Legal Counsel regarding anticipated litigation involving the following: (1) To discuss one matter regarding significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code; and (2) to discuss two matters with respect to the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code; and (C) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Mark Nelson, for Municipal Employees Federation Employee Organization.
By unanimous consent, Council reconvened from the Closed Session and recessed at 12:10 p.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
INVOCATION
The Reverend Steve Norman, Westminster Presbyterian Church, delivered the invocation. (District 6)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL
ITEMS
5a Presentation of awards honoring outstanding San José Police Officers and citizens of San José. (Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated May 26, 1999, submitting the names for the Awards Nominations ceremony at the
June 15, 1999 meeting of the City Council.
Discussion/Action: Joined by Mayor Gonzales, Chief of Police Lansdowne, and Deputy Police Chief Richard T. Arca, Police Lieutenant Linda J. Torres introduced the nominees for the Outstanding Police Duty Award Police Officer Robert Millard, Police Sergeant Jeffrey Smith, Police Sergeant Gary Kirby, Police Sergeant Wayne Farquhar, and Police Sergeant Glenn Bytheway; introduced the nominees for the William P. Poelle Life Saving Award: Police Officer Andy Trevino, Police Officer David Gonzales, Police Officer Erin Lane, Police Officer Reid Biersdorff, Police Officer Thomas O’Donnell, and Police Officer Joe Ardizzone; and introduced Mrs. Lupe Silveira, who was awarded the Simpson-Silva Citizens Award. Mayor Gonzales presented the awards to each honoree and acknowledged their commitment and dedication to the protection of the City of San José. The families and friends of the honorees were asked to stand and be recognized.
5b Presentation of commendations to
Pioneer High School’s Special Olympics Team who will be competing in North
Carolina at the Special Olympics; to Castillero Middle School for being
recognized as a California Distinguished School; and to Williams Elementary,
and Randoll Elementary for their recognition as Blue Ribbon Schools. (Dando)
(Rules/Agency
Rules Committee referral 6/2/99)
Documents Filed: None.
Discussion/Action: Mayor Gonzales joined Council Member Dando in welcoming Williams Elementary School Principal Lori Russo and several teachers and students. Mayor Gonzales presented the commendation to Williams Elementary for being recognized as a California Distinguished School and honored as a 1999 Blue Ribbon School by the U. S. Department of Education. Mayor Gonzales commended the faculty, staff, and parents for their excellence in leadership, teaching, curriculum, student achievement, and community involvement, and asked all the guests to stand and be recognized. Presentation of commendation to Randoll Elementary School occurred during evening session.
5g Presentation of commendations to Noddon
Elementary School for being recognized as an Outstanding National Blue Ribbon
School, and to Dartmouth Middle and Union Middle for being named California
Distinguished Schools. (DiQuisto)
Documents Filed: None.
Discussion/Action: Joined by Mayor Gonzales at the Podium, Council Member Diquisto introduced Union School District Superintendent Dr. Phil J. Quon, Union Middle School Principal Stan Bovee, Dartmouth Middle School Principal Carole Carlson, and Noddon Elementary School Principal Karen Mullaly. Mayor Gonzales presented the commendations to the Administrators and congratulated the students, parents, teachers and staff on their dedication to excellence.
CONSENT CALENDAR
Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 11-0-0-0.
Ordinances
for Final Adoption
6b(1) ORD. NO. 25874 – Amends Chapter
9.45 of Title 9 of the San José Municipal Code to regulate the commercial
storage and display of tobacco products.
Documents Filed: Proof of publication of the title of Ordinance No. 25874 dated
June 8, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25874 was adopted. Vote: 11-0-0-0.
6b(2) ORD. NO. 25875 – Adopts 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.
Documents Filed: Proof of publication of the title of Ordinance No. 25875 dated
June 8, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25875 was adopted. Vote: 11-0-0-0.
6b(3) ORD. NO. 25876 – Rezones certain
real property situated on the east side of San Felipe Road, 2,000 feet
southeasterly of the Villages Parkway. PDC 98-07-048
Documents Filed: Proof of publication of the title of Ordinance No. 25876 dated
June 8, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25876 was adopted. Vote: 11-0-0-0.
6b(4) ORD. NO. 25877 - Rezones certain
real property situated on the east side of San Felipe Road, 1,500 feet
southerly of the Villages Parkway. PDC 98-12-098
Documents Filed: Proof of publication of the title of Ordinance No. 25877 dated
June 8, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25877 was adopted. Vote: 11-0-0-0.
6b(5) ORD. NO. 25878 - Rezones certain
real property situated on the west side of Capitol Avenue across from Wilbur
Avenue. PDC 98-12-105
Documents Filed: Proof of publication of the title of Ordinance No. 25878 dated
June 8, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25878 was adopted. Vote: 11-0-0-0.
6b(6) ORD. NO. 25879 - Rezones certain
real property situated on the west side of Plummer Avenue, 80 feet southerly of
Koch Lane. PDC 99-01-007
Documents Filed: Proof of publication of the title of Ordinance No. 25879 dated
June 8, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25879 was adopted. Vote: 11-0-0-0.
6b(7) ORD. NO. 25880 - Rezones certain
real property situated on the south side of the easterly terminus of Fowler
Road. PDC 98-05-035
Documents Filed: Proof of publication of the title of Ordinance No. 25880 dated
June 8, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25880 was adopted. Vote: 11-0-0-0.
6b(8) ORD. NO. 25886 - Approves and
adopts the twelfth amended East Santa Clara Street Redevelopment Project Area
to reduce the plan boundaries and making certain findings
Documents Filed: Proof of publication of the title of Ordinance No. 25886 dated
June 11, 1999, submitted by the City Clerk.
Discussion/Action: See Item 11a(2) for Council action taken.
6b(9) ORD. NO. 25887 - Adopts the
Civic Plaza Redevelopment Plan and making certain findings.
Documents Filed: Proof of publication of the title of Ordinance No. 25887 dated
June 11, 1999, submitted by the City
Clerk.
Discussion/Action: See Item 11a(3) for Council action taken.
6b(10) ORD. NO. 25888 – Amends the
Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San
Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan,
the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the
Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan,
the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan,
the East Santa Clara Street Redevelopment Plan, the Almaden Gateway
Redevelopment Plan, the Story Road Redevelopment Plan, the Alameda
Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the
Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the
Park Center Redevelopment Plan, and the Civic Plaza Redevelopment Plan to
effect the merger of said Redevelopment Project Areas and making certain
findings.
Documents Filed: Proof of publication of the title of Ordinance No. 25888 dated
June 11, 1999, submitted by the City Clerk.
Discussion/Action: See Item 11a(4) for Council action taken.
Plans
and Specifications
6d(1) TRACT NO. 9146 – Within the
Evergreen Specific Plan Area (ESP) and more specifically located on the south
side of Quimby Road 200 feet westerly of Chaboya Road – Standard Pacific of
Northern Delaware Corporation, a Delaware Corporation (Developer) – 8 single
family detached residential units. Adoption of a resolution approving the final
map for Tract No. 9146. CEQA: Resolution No. 63179. District 8. (Public Works)
6d(1) (Cont’d.)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 3, 1999, recommending Council adopt said resolution regarding Tract No. 9146.
Discussion/Action: Resolution No. 68911, entitled: “A Resolution of the Council of the City of San José Approving and Accepting the Final Map of Tract No. 9146”, was adopted. Vote: 11-0-0-0.
6d(2) TRACT NO. 9159 – Within the
Evergreen Specific Plan Area (ESP) and more specifically located on the south
side of Quimby Road 200 feet westerly of Chaboya Road – Standard Pacific of
Northern Delaware Corporation, a Delaware Corporation (Developer) – 81 single
family detached residential units. Adoption of a resolution approving the final
map for Tract No. 9159. CEQA: Resolution No. 63179. District 8. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 3, 1999, recommending Council adopt said resolution regarding Tract No. 9159.
Discussion/Action: Resolution No. 68912, entitled: “A Resolution of the Council of the City of San José Approving and Accepting the Final Map of Tract No. 9159”, was adopted. Vote: 11-0-0-0.
6d(3) TRACT NO. 9160 – Northeast
corner of Hillsdale Avenue and Old Almaden Road – Kaufman & Broad – South
Bay, Inc., a California Corporation (Developer) - 90 single family detached
residential units. Adoption of a resolution approving the plans, final map, and
contract for Tract No. 9160. CEQA: Resolution No. 67894. District 6. (Public
Works)
Documents Filed: None.
Discussion/Action: This item was deferred to June 22, 1999.
Contracts/Agreements
6e(1) 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) and 6/1/99 – Item 6e(10)]
6e(1) (Cont’d.)
Documents Filed: None.
Discussion/Action: This item was deferred to June 22, 1999.
6e(2) Rejection of all bids 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.” CEQA: Exempt. (Environmental
Services)
[Deferred
from 5/25/99 – Item 6e(7) and 6/1/99 – Item 6e(11)]
Documents Filed: None.
Discussion/Action: This item was deferred to June 22, 1999.
6e(3) This item was removed from the Consent Calendar and considered separately.
6e(4) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 33, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated May 26, 1999, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders. (2) Letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated June 11, 1999, recommending Council approve said award.
Discussion/Action: The award of open purchase orders List No. 33 for FY 1998-99 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(5) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1998-99 # 35, 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 26, 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. 35 for FY 1998-99 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(6) Approval of the option to purchase
additional filter media from ERS Industrial Services for the Environmental
Services Department/Water Pollution Plant, at the same bid price, at a total
cost not to exceed $6,546, including tax.
(General Services)
Documents Filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated May 26, 1999, recommending Council approve said option to purchase from ERS Industrial Services. (2) Letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated June 11, 1999, recommending Council approve said option to purchase.
Discussion/Action: The purchase option with ERS Industrial Services was approved. Vote: 11-0-0-0.
6e(7) Approval
of a second amendment to the agreement with PB Aviation, Inc. for Airport
Master Plan implementation program management, construction management, and
runway and taxiway design, to increase the compensation in the amount of
$250,000, for a total agreement amount of $4,700,000. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council approve said amendment.
Discussion/Action: The second amendment to the agreement with PB Aviation, Inc., was approved and execution of the amendment authorized. Vote: 11-0-0-0.
6e(8) Report
on bids and award of contract for the Mount Pleasant Park Tot Lot Renovation
Project to the low bidder, Boulder Rock Landscape Construction, in the
amount of $204,558. CEQA: Exempt. (Public
Works)
Documents Filed: (1) Supplemental memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 1, 1999, recommending Council accept the report on bids and award said contract to Boulder Rock Landscape Construction. (2) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council accept the report on bids and award said contract to the low bidder.
Discussion/Action: The bid report was accepted and the award of contract to Boulder Rock Landscape Construction, the low bidder was approved and execution of the contract authorized. Vote: 11-0-0-0.
6e(9) Report
on bids and award of contract for the Asbury Street Houses and the Women’s
Residential Center (WRC) Demolition Project to the low bidder, Randazzo
Enterprises, Inc., in the amount of $126,000, and approval of a contingency in
the amount of $15,000. CEQA: ND. (Public Works)
Documents Filed: None.
Discussion/Action: This
item was deferred to June 29, 1999.
6e(10) Report on bids and award of contract
for the San José International Airport Police Building Remodel Project to the
low bidder, Eddie Torrez Construction Company, in the amount of $149,890, and
approval of a contingency in the amount of $20,000. CEQA: Exempt. (Public
Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council accept the report on bids and award said contract to Eddie Torrez Construction Company.
Discussion/Action: The bid report was accepted and award of contract to Eddie Torrez Construction Company, the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.
6e(11) Report
on bids and award of contract for the De La Cruz Boulevard Landscaping Project
to the low bidder, CS2 Company Inc., in the amount of $84,447, and a
contingency in the amount of $5,000. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council accept the bid report and award said contract to the low bidder.
Discussion/Action: The bid report was accepted and award of contract to CS2 Company Inc., was approved and execution of the contract authorized. Vote: 11-0-0-0.
6e(12) Adoption of a resolution approving an
agreement with Juan Barragan, for the purchase of a parcel of land and a
Right-of-Entry to adjoining land located along McLaughlin Avenue between Appian
Lane and William Street in the amount of $5,400, and authorizing the Director
of Public Works to execute the necessary documents to complete the transaction.
CEQA: ND. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council adopt said resolution.
6e(12) (Cont’d.)
Discussion/Action: Resolution No. 68913, entitled: “A Resolution of the Council of the City of San José (i) Approving an Agreement With Juan Barragan for the Purchase of a Parcel of Land and a Right of Entry to Adjoining Land Located along McLaughlin Avenue Between Appian Lane and William Street in the Amount of $5,970; and (ii) Authorizing the Director of Public Works to Execute All Documents Necessary to Complete the Transaction”, was adopted. Vote: 11-0-0-0.
6e(13) Adoption of a resolution approving an
agreement with Sung Hun Chung and Nancy Chung, Trustees, and Hung Nguy and Mai
Dang Nguy, Co-trustees, for the purchase of a parcel of land and a
Right-of-Entry to adjoining land located along McLaughlin Avenue between Appian
Lane and William Street in the amount of $21,990, and authorizing the Director
of Public Works to execute the necessary documents to complete the transaction.
CEQA: ND. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68914, entitled: “A Resolution of the Council of the City of San José (i) Approving an Agreement With Sung Hun Chung and Nancy Chung, as Trustees for a Trust Created August 7, 1991 and Hung Nguy and Mai Dang Nguy as Trustees for a Trust Created July 29, 1988 for the Purchase of a Parcel of Land and a Right of Entry to Adjoining Land Located Along McLaughlin Avenue Between Appian Lane and William Street in the Amount of $21,990; and (ii) Authorizing the Director of Public Works to Execute All Documents Necessary to Complete the Transaction”, was adopted. Vote: 11-0-0-0.
6e(14) (a) Approval of an agreement with Aero-Geodetic
Corporation for aerial photography services for a total amount not to exceed
$37,000 for the Federal Emergency Management Agency (FEMA) Flood Study.
(b) Adoption
of related appropriation ordinance amendments in the General Fund
(Public Works/City Manager’s Office)
Documents Filed:
Memorandum from Director of Public Works Ralph A. Qualls, Jr., and Budget
Director Larry D. Lisenbee, dated May 26, 1999, recommending Council approve
said agreement with Aero-Geodetic Corporation and adopt said appropriation
ordinance amendments in the General Fund.
6e(14) (Cont’d.)
Discussion/Action: The photography services agreement with Aero-Geodetic Corporation was approved and its execution authorized; and Ordinance No. 25889, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25633 Which Appropriates Moneys in the General Fund in the Total Amount of $82,000, for the Federal Emergency Management Agency (FEMA) Flood Study; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.
6e(15) Approval
of a tenth amendment to the lease agreement with Chevron U.S.A., Inc. for the
lease of Airport Lot 8 for storage and distribution of aviation petroleum
products, extending the term of the agreement by four (4) years, from July 1,
1999 to June 30, 2003. CEQA: Resolution No. 67380. (Airport)
(Rules/Agency
Committee referral 6/9/99)
Documents Filed: Memorandum from Council Liaison, Norberto L. Dueñas, dated
June 10, 1999, submitting for Council approval the Staff recommendation on the amendment to the lease agreement with Chevron U.S.A.
Discussion/Action: The tenth amendment to the lease agreement with Chevron U.S.A., Inc. was approved and execution of the amendment authorized. Vote: 11-0-0-0.
Routine
Legislation
6f(1) Adoption of a resolution authorizing
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 June 3, 1999, stating that in approving the reorganization proposal, the City Council is required to make the following findings: [a] That the unincorporated territory is within the City’s Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO); [b] That the County Surveyor has determined the boundaries of the proposal to be definite and certain and in compliance with the LAFCO Annexation Policies; [c] That the proposal does not split lines of assessment or ownership; [d] That the proposal does not create islands or areas in which it would be difficult to provide municipal services; [e] That the proposal is consistent with the City’s adopted General Plan; [f] That the territory is contiguous to existing City limits; and [g] That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area.
6f(1) (Cont’d.)
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 68915, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Burbank No. 33 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0.
6f(2) Adoption of a resolution authorizing 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 June 9, 1999, stating that in approving the reorganization proposal, the City Council is required to make the following findings: [a] That the unincorporated territory is within the City’s Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO); [b] That the County Surveyor has determined the boundaries of the proposal to be definite and certain and in compliance with the LAFCO Annexation Policies; [c] That the proposal does not split lines of assessment or ownership; [d] That the proposal does not create islands or areas in which it would be difficult to provide municipal services; [e] That the proposal is consistent with the City’s adopted General Plan; [f] That the territory is contiguous to existing City limits; and [g] That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 68916, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Burbank No. 34 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0.
6f(3) Adoption of a resolution initiating
proceedings and setting August 3, 1999 at 1:30 p.m. as the date for
council consideration of the reorganization of territory designated as Parker
No. 22 which involves the annexation to the City of San José of 0.63 acres of
land, located at northwest corner of Woodard Road and Calvin Avenue and the
detachment of the same from the Central Fire Protection District, Santa Clara
Valley County Water, and West Valley Sanitation. CEQA: Resolution No. 65459.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 26, 1999, recommending Council place on the Consent Calendar of the June 15, 1999 Council Agenda the adoption of said resolution.
6f(3) (Cont’d.)
Discussion/Action: Resolution No. 68917, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Parker No. 22 and Described Herein, and Setting the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 11-0-0-0.
6f(4) Adoption of a resolution accepting a
donation of software, hardware, and equipment from the Federal Government’s
Technology Transfer Program for the Police Department valued at approximately
$30,000. (Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated May 26, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 68918, entitled: “Resolution of the Council of the City of San José Accepting the Donation of a Money Laundering Software Package With Associated Hardware From the Counterdrug Technology Assessment Center of the Office of National Drug Control Policy, Valued at Approximately $30,000, to be Used by the Police Department”, was adopted. Vote: 11-0-0-0.
6f(5) Adoption of a resolution amending Resolution No. 63207 designating bicycle lanes on Blossom Hill Road, from Almaden Expressway to Snell Avenue (2.5 miles), and Pearl Avenue, from Capitol Expressway to Branham Lane (.7 miles). CEQA: Exempt. (Streets and Traffic)
Documents Filed: None.
Discussion/Action: This item was deferred to June 22, 1999.
6f(6) Approval of City Auditor Gerald Silva’s
travel calendar from June 30 to December 31, 1999 at an estimated cost to the
City of $1,160. (City Auditor)
(Rules/Agency
Rules Committee referral 6/9/99)
Documents Filed: Letter from City Auditor, Gerald A. Silva, dated June 3, 1999, requesting approval of the travel calendar for June 30, 1999 through December 31, 1999.
Discussion/Action: The City Auditor’s travel calendar was approved. Vote: 11-0-0-0.
6f(7) Adoption of a resolution supporting
full funding of the Community Development Block Grant Program in 2000. (Powers)
(Rules/Agency
Rules Committee referral 6/9/99)
Documents Filed: None.
Discussion/Action: Resolution No. 68919, entitled: “A Resolution of the Council of the City of San José Supporting Full Funding of the Community Development Block Grant Program in 2000”, was adopted. Vote: 11-0-0-0.
6e(3) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Cultural Initiatives/Silicon Valley (CI/SV) for a grant in an amount not to exceed $100,000 to fund a pilot arts education project. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Acting Director of Conventions, Arts and Entertainment, James McBride, dated May 26, 1999, recommending Council adopt said resolution.
Discussion/Action: This item was removed from the Consent Calendar with Mayor Gonzales stating the proposed grant should be regarded as a beginning toward the City’s effort to increase the number of students receiving arts education as part of the regular curriculum in neighborhood schools. He requested that the City Manager negotiate a contract containing specific provisions that will result in the schools receiving the full contribution from the City. Upon motion by Council Member Powers, seconded by Council Member LeZotte and unanimously carried, Resolution No. 68920, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Cultural Initiatives/Silicon Valley (CI/SV) for Pilot ‘Greenhouse Program’ Arts Education Projects in an Amount Not to Exceed $100,000”, was adopted and the City Manager directed to negotiate a contract with the following items included: (1) Language for the leveraging of City funds by private enterprise contributions resulting in the total of $300,000; (2) That zero-percent of the grant be spent on administrative costs and that the schools receive directly the full $100,000 contribution from the City; (3) That the contract include direction to develop and implement the program in coordination with Council Member Powers, the Mayor’s Office and the City’s Schools Collaborative; and (4) That the contract include performance measures to ensure that all objectives are met or exceeded. Vote: 11-0-0-0.
COMMISSION,
COMMITTEE, AND STANDING REPORTS
7b Report of the Rules/Agency Rules
Committee – Meeting of June 2, 1999
Documents Filed: Rules/Agency Rules Committee Report of June 2, 1999.
(1) Review June 15, 1999 Agenda
The Committee recommended the addition of three ceremonial items to the June 15, 1999 City Council Agenda.
(2) Add New Items to June 8, 1999 Amended Agenda
The Committee recommended one addition to the June 8, 1999 Amended City Council Agenda.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachments: Memoranda from City Clerk, Patricia L. O’Hearn, dated May 20 and May 27, 1999, listing the items filed for the Public Record for the period May 5-25, 1999.
The Committee noted and filed the Public Record for the period May 5-18, 1999.
(5) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(6) Oral communications
None Presented.
(7) Adjournment
The meeting was adjourned at 2:07 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the Rules/Agency Rules Committee Report and actions of June 2, 1999 were accepted. Vote: 11-0-0-0.
7e Report of the Transportation and
Environment Committee – Meeting of June 10, 1999 – (Partial)
Documents Filed: Transportation and Environment Committee Report of June 10, 1999 (Partial).
(4) Report and Recommendations on Base Case Implementation Plan for Measure A/B. Attachments: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 9, 1999, recommending Council adopt a position supporting near-term development of light rail transit service in Downtown San José along San Fernando Street between Diridon Station and Civic Plaza in accordance with the implementation plan. (2) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 2, 1999, recommending Council approve the staff report and recommendations on the Base Case Implementation Plan for Measure A/B Transportation Improvement Program, and communicate City recommendations by letter from the Mayor to the Santa Clara County Board of Supervisors.
The Committee recommended the following actions:
(a) Acceptance of the report and conceptual approval of Staff recommendations on the Base Plan with direction to Staff to communicate the City’s recommendations by letter from the Mayor to the Santa Clara County Board of Supervisors.
(b) Approval of the long tunnel alignment. Noes: Chavez
(c) Approval to pursue the San Fernando Alignment for environmental clearance concurrently with the implementation of Delmas Alignment, with direction to Staff to work with the Mayor’s Office, Redevelopment Agency, and Valley Transportation Authority to identify funding in regard to the Measure A/B Base Case Program approval process. Noes: Chavez
(d) Pursue future regional funding to construct the San Fernando Light Rail Transit (LRT) connection from Route 87 to Transit Mall as a high priority. Noes: Chavez.
Discussion/Action: See Item 9m for Council action taken.
GENERAL
GOVERNMENT
9a Approval of the Parks and Recreation
Commission’s recommendation to name a neighborhood park at Chelsea Crossing
near Esplanade “Basking Ridge Park.” (City Clerk)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated June 1, 1999, recommending Council consider the recommendation of the Parks and Recreation Commission to name a neighborhood park.
9a (Cont’d.)
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Chavez and unanimously carried, the Parks and Recreation Commission recommendation to name the park was approved. Vote: 11-0-0-0.
9b Approval of the Parks and Recreation
Commission’s recommendation to name a neighborhood park on a portion of the
former Oak Ridge Golf Club “Palmia Park.” (City Clerk)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated June 1, 1999, recommending Council consider the recommendation of the Parks and Recreation Commission to rename a neighborhood park.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Diquisto and unanimously carried, the Parks and Recreation Commission recommendation to rename a portion of the old Oak Ridge Golf Club was approved. Vote: 11-0-0-0.
9c Approval of the Parks and Recreation Commission’s recommendation to name a neighborhood park on a portion of the former Thunderbird Golf Course “Zolezzi Park.” (City Clerk)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated June 1, 1999, recommending Council consider the recommendation of the Parks and Recreation Commission to rename a neighborhood park.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Matthews and unanimously carried, the Parks and Recreation Commission recommendation to name a neighborhood park was approved. Vote: 11-0-0-0.
.
9d Approval of award of purchase and
delivery of approximately 85,000 tons of select backfill to the low bidder,
Stevens Creek Quarry, for the Environmental Services Department/Water Pollution
Plant, at the total cost of $381,012.15, including tax. (General Services)
Documents Filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated May 26, 1999, recommending award of said purchase and delivery to the low bidder. (2) Letter from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated June 11, 1999, recommending award of said purchase.
9d (Cont’d.)
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the award of purchase to Stevens Creek Quarry, the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.
9e (1) Adoption
of a resolution authorizing the Director of General Services to execute an
agreement for the purchase of an annual supply of approximately 960,000
decatherms of natural gas for the Environmental Services Department/Water
Pollution Control Plant (WPCP), and the Convention, Arts and Entertainment
Department (Conventions, Arts and Entertainment), to Scana Energy Trading,
Inc., at a total annual cost not to exceed $2,500,000, for an initial term of
twelve (12) months for the period July 1, 1999 to June 30, 2000.
(2) Authorizing the Director of General Services to exercise four (4)
one-year options to renew the agreement for the period July 1, 2000 to June 30,
2004, at an annual cost not to exceed $2,500,000, contingent upon Council
approval of the funds each year.
(General
Services)
Documents Filed: None.
Discussion/Action: This
item was deferred to June 29, 1999.
9f Adoption of a resolution:
(1) Approving a $2,000,000 program to provide 3%
downpayment assistance loans, up to $7,200, to income-qualified public school
teachers for the purchase of homes in San José.
(2) Approving an application for the City to become
a member of the California Rural Home Mortgage Finance Authority, a Joint
Powers Authority, to provide teachers with deferred second-mortgage loans, and
accepting the terms and conditions of that membership.
(3) Authorizing the Director of Housing to
negotiate and execute all necessary documents evidencing this program on behalf
of the City.
(Housing)
Documents Filed: None.
Discussion/Action: This item was deferred to June 22, 1999.
9g Report
on bids and award of contract for the Taylor Street Brick Sanitary Sewer
Rehabilitation Project to the low bidder, Andes Construction, Inc., in the
amount of $1,345,641, and approval of a contingency in the amount of $134,000.
CEQA: Exempt. (Public Works)
9g (Cont’d.)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council accept the report on bids, award said contract to the low bidder and approve said contingency.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the bid report was accepted and award of contract to Andes Construction, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.
9h Report
on bids and award of contract for the Moorpark-Meridian Sanitary Sewer
Rehabilitation Phase II Project to the low bidder, Ford Construction Company,
Inc., in the amount of $763,115, and approval of a contingency in the amount of
$76,000. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council accept the report on bids, award said contract to the low bidder and approve said contingency.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member LeZotte and unanimously carried, the bid report was accepted and award of contract to Ford Construction Company, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.
9i Report on bids and award of contract
for the Evergreen Sanitary Sewer Rehabilitation Phase I Project to the low
bidder, Insituform Technologies, Inc., in the amount of $2,247,250, and
approval of a contingency in the amount of $225,000. CEQA: Exempt. (Public
Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 26, 1999, recommending Council accept the report on bids, award said contract to the low bidder and approve said contingency.
Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member LeZotte and unanimously carried, the bid report was accepted and award of contract to Insituform Technologies, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.
9j Report
on bids and award of contract for the Kirk Community Center Electrical and HVAC
Improvements Project to the low bidder, HRB Construction, in the amount
of $411,750, and approval of a contingency in the amount of $41,000. CEQA: Exempt. (Public Works)
(Deferred from 6/8/99 – Item 9d)
9j (Cont’d.)
Documents Filed: (1) Supplemental memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 9, 1999, recommending Council accept the report on bids, award said contract to HRB Construction, the low bidder, and approve said contingency. (2) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated May 19, 1999, recommending Council accept the report on bids, award said contract to the low bidder and approve said contingency.
Discussion/Action: Upon motion by Council Member Diquisto, seconded by Council Member Shirakawa, Jr., and unanimously carried, the bid report was accepted and award of contract to HRB Construction, the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.
9k Discussion and adoption of a resolution
by the City of San José in support of the ratification by the United States to
the Convention on the Elimination of All Forms of Discrimination Against Women
(LeZotte)
(Rules/Agency
Rules Committee referral 6/9/99)
Documents Filed: Memorandum from Mayor Gonzales and Council Member LeZotte, dated June 11, 1999, recommending Council adopt said resolution.
Discussion/Action: Council Member LeZotte provided background information on the Convention and the position of the United States with respect to the international agreement. She stated the United Nations General Assembly adopted The Convention and opened it for signature in December 1979; however, the United States has not ratified the document, which must occur before it becomes effective. She urged Council to support the ratification or accession to The Convention and direct the Administration to forward a copy of the resolution to the President of the United States, with a copy to the Secretary of State and to each member of the U.S. Senate Foreign Relations Committee, urging immediate action begin on The Convention. The following individuals spoke in support of the CEDAW Resolution: Anne Rosenzweig, representing San José-South Bay National Organization For Women (N.O.W.); and Tom Sing, Vice Chair, Santa Clara County Commission on the Status of Women. Upon motion by Council Member LeZotte, seconded by Council Member Chavez and unanimously carried, Resolution No. 68921, entitled: “A Resolution of the Council of the City of San José Supporting the Ratification or Accession by the United States to the Convention on the Elimination of All Forms of Discrimination Against Women”, was adopted with direction to the Administration to forward a copy of the Resolution to the President of the United States, the Secretary of State, Members of the U.S. Senate Foreign Relations Committee, and each member of the California delegation in the House of Representatives. Vote: 11-0-0-0.
9m Report and
recommendations on Base Case Implementation Plan for Measure A/B.