MINUTES OF THE CITY COUNCIL
SAN JOSE, CALIFORNIA
TUESDAY, SEPTEMBER 14, 1999
The Council of the City of San Jose convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr.; Gonzales.
Absent: Council Members - Woody.
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) McCarthy v. City of San José, et al.; (2) Naess, et al. v. City of San José, et al.; (3) Cao v. City of San José, et al.; (4) Morelos/Ruiz v. City of San José, et al.; (5) Sekany, et al. v. City of San José, et al; and to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving the initiation of litigation.
By unanimous consent, Council reconvened from the Closed Session, recessed at 10:35 A.M., and reconvened at 1:34 p.m. in the Council Chambers.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - None.
INVOCATION
Reverend Dennis Taber, Evergreen Valley United
Methodist Church, delivered the Invocation. (District 8)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Presentation of plaque to William J. Ress for 3 years 4 months service on the Planning Commission. (Mayor)
(Deferred from 8/31/99 – Item 5a)
Documents filed: None.
Discussion/Action: Mayor Gonzales presented a plaque to William J. Ress in recognition of his service on the Planning Commission, and was joined by Council Member LeZotte in commending him for his years of committed service.
5b Presentation of plaques to Eric Cote for 1 year 9 months service on the Youth Commission, to Shannon Doyle for 2 years service on the Youth Commission, and to Katherine Vierhus for 2 years service on the Youth Commission. (Mayor).
Documents filed: None.
Discussion/Action: The plaques for Eric Cote, Shannon Doyle, and Katherine Vierhus will be mailed as they were unable to attend the presentation.
CONSENT CALENDAR
Upon motion by Council Member Fiscalini, seconded by Council Member Diquisto, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 10-0-1-0. Absent: Matthews.
Minutes for Approval
6a(1) Regular Meeting of June 29, 1999
Documents filed: Minutes of June 29, 1999.
Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Matthews.
6a(2) Joint City Council/Redevelopment Agency Meeting of June 29, 1999
Documents filed: Minutes of June 29, 1999.
Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Matthews.
6a(3) Regular Meeting of San José Financing Authority of June 29, 1999
Documents filed: Minutes of June 29, 1999.
Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Matthews.
Public Hearings Set by Council
6c(1) Adoption of a resolution initiating proceedings on an ordinance of the City of San Jose amending Chapter 20.12 of Title 20 of the Municipal Code related to off-street parking and amending Section 20.12.150 “to establish a minimum driveway length of twenty-three (23) feet for all lots with a one-family dwelling use”, setting a public hearing on October 19, 1999 at 7:00 p.m. and referring the ordinance to the Planning Commission for its recommendation and comments. (Planning, Building and Code Enforcement)
Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated August 26, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69102, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings to Amend Section 20.12.150 of Chapter 20.12 of Title 20 of the San José Municipal Code to Establish a Minimum Driveway Length of Twenty-Three (23) Feet for All Lots with a One-Family Dwelling Use, Setting a Public Hearing for October 19, 1999, at 7:00 P.M. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendations”, was adopted. Vote: 10-0-1-0. Absent: Matthews.
6c(2) Adoption of a resolution initiating proceedings on an ordinance of the City of San Jose amending Chapter 20.08 of Title 20 of the Municipal Code related to Home Occupations and amending Section 20.08.1230 by adding “Any Off-Sale of Alcoholic Beverages as a prohibited use”, setting a public hearing on October 19, 1999 at 7:00 p.m. and referring the ordinance to the Planning Commission for its recommendation and comments. (Planning, Building and Code Enforcement)
Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated August 26, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69103, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings to Amend Section 20.08.1230 of Chapter 20.08 of Title 20 of the San José Municipal Code to Prohibit Off-Sale of Alcoholic Beverages as a Home Occupation, Setting a Public Hearing for October 19, 1999, at 7:00 P.M. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendation”, was adopted. Vote: 10-0-1-0. Absent: Matthews.
6c(3) Adoption of a resolution of intention to vacate a portion of Fowler Road, reserving a public service easement over the entire area, and setting a public hearing on October 5, 1999 at 7:00 p.m. CEQA: Resolution No. 63179. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 26, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69104, entitled: “Resolution of the Council of the City of San José Approving a Map Showing That Portion of Fowler Road Which the Council proposes to Vacate, Subject to the Reservation of a Public Service Easement; Directing the City Clerk to File the Map in the Office of the City Clerk; Describing the Public Service Easement to be Reserves; Setting a Public Hearing Thereon; and Directing Notice Thereof to be Posted”, was adopted. Vote: 10-0-1-0. Absent: Matthews.
Contracts/Agreements
6e(1) Approval of a fourth amendment to the license agreement with American Airlines to add 2,400 square feet of space at the airfreight building located at 1521 Airport Boulevard, for a month-to-month term through November 30, 2003, with continued annual revenue to the City in the amount of $31,200. CEQA: Resolution No. 67380. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated August 26, 1999, recommending approval of a fourth amendment to said agreement.
Discussion/Action: The fourth amendment to said agreement with American Airlines was approved and its execution authorized. Vote: 10-0-1-0. Absent: Matthews.
6e(2) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 # 10, 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 August 26, 1999, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List No. 10 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 10-0-1-0. Absent: Matthews.
6e(3) Adoption of a resolution authorizing the Director of General Services to execute amendments to the following agreements for the placement of pay phones, extending the term from August 31, 1999 to August 31, 2000:
(a) AT&T Commission Agreement at the rate of 28% of revenues for “0+” long distance service (collect, credit card, and billed to third number) calls.
(b) Pacific Bell Space Use Agreement for the Location of Payphones, at the rate of 44% for all coin calls and 33% for non-coin local and $17.88 per month, space rental fee.
(General Services)
Documents filed: None.
Discussion/Action: This item was deferred to September 21, 1999.
6e(4) Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the sale to the Municipio de Los Cabos, Baja California Sur, Mexico of twenty (20) surplused former police patrol cars and associated equipment and two (2) small passenger vans with a total anticipated revenue to the City in the amount of $53,000. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated August 26, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69105, entitled: “A Resolution of the Council of the City of San José Approving the Sale of Surplus Patrol Cars and Passenger Vans to the Municipio de Los Cabos, Baja California Sur, Mexico”, was adopted. Vote: 10-0-1-0. Absent: Matthews.
6e(5) Approval of agreement with the following non-profit recycling and reuses organizations in a total amount not to exceed $465,000:
(a) Goodwill Industries of Santa Clara County, in an amount not to exceed $316,200.
(b) The Salvation Army, in an amount not to exceed $139,500.
(c) St. Vincent de Paul Society, in an amount not to exceed $9,300.
(Environmental Services)
Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated August 26, 1999, recommending approval of said agreements.
Discussion/Action: The agreements with Goodwill Industries of Santa Clara County and with St. Vincent de Paul Society were approved and the agreement with The Salvation Army was deferred to September 21, 1999. Vote: 10-0-1-0. Absent: Matthews.
6e(6) Approval of a consultant agreement with Managing Total Performance, Inc. for an organizational assessment service for the Information Technology Department for the period July 19, 1999 to April 30, 2000, in an amount not to exceed $187,000. (Information Technology)
Documents filed: Memorandum from Director of Information Technology, Ken E. Phillips, dated September 2, 1999, recommending approval of said agreement with Managing Total Performance, Inc.
Discussion/Action: The agreement with Managing Total Performance, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Matthews.
6e(7) Report on bids and approval to reject all bids for the Walnut Woods Area Site Improvements Project and authorization for the Director of Planning, Building and Code Enforcement to re-advertise and re-bid the project with a revision in project scope and design. CEQA: ND. (Planning, Building and Code Enforcement)
Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated August 26, 1999, recommending approval to reject all bids and to re-advertise and re-bid the project with a revision in scope and design.
Discussion/Action: The approval to reject all bids for said project and to re-advertise and re-bid the project with revised project scope and design was approved. Vote: 10-0-1-0. Absent: Matthews.
6e(8) Approval of a third amendment to the agreement with Media Connections Group for assistance in developing a Telecommunications Master Plan, extending the term by 12 months, from July 1, 1999 to June 30, 2000, at no additional cost to the City. (Information Technology)
[Deferred from 8/31/99 – Item 6e(3) and 9/7/99 – Item 6e(4)]
Documents filed: None.
Discussion/Action: This item was deferred to September 21, 1999.
Routine Legislation
6f(1) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund, with a net impact to the fund in the amount of $504,518. (City Manager’s Office)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated August 26, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Ordinance No. 25949, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Total Amount of $504,518 for the Hellyer/Silver Creek Valley Road Development Project and the Convention Center Expansion Relocation Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 69106, entitled, “A Resolution of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, was adopted. Vote: 10-0-1-0. Absent: Matthews.
6f(2) Adoption of an ordinance ratifying final expenditures in various appropriations for FY 1998-99. (City Manager’s Office)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated August 31, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Ordinance No. 25950, entitled: “An Ordinance of the City of San José Authorizing and Ratifying Certain Encumbrances and/or Expenditures in Various Funds Made During City’s 1998-99 Fiscal Year in Excess of Sums Appropriated Therefor”, was adopted. Vote: 10-0-1-0. Absent: Matthews.
6f(3) Approval of Independent Police Auditor, Teresa Guerrero-Daley’s travel to Kansas City, Missouri, October 5-8, 1999, to attend the National Association of Civilian Oversight of Law Enforcement conference. Funding: Office of the Independent Police Auditor. (Independent Police Auditor)
Documents filed: Memorandum from Teresa Guerrero-Daley, Independent Police Auditor, dated August 30, 1999, requesting approval to travel to Kansas City, Missouri, to attend the National Association of Civilian Oversight of Law Enforcement conference.
Discussion/Action: The travel of Teresa Guerrero-Daley to Kansas City, Missouri on October 5-8, 1999, was approved. Vote: 10-0-1-0. Absent: Matthews.
6f(4) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund, with a net impact to the fund in the amount of $576,023. (City Manager’s Office)
[Deferred from 8/31/99 – Item 6f(3) and 9/7/99 – Item 6f(4)]
Documents filed: None.
Discussion/Action: This item was deferred to September 21, 1999.
6f(5) Approval of an ordinance amending Section 3.36.550 of Chapter 3.36 of Title 3 of the San José Municipal Code to provide the option of holding real estate through a 501c(25) title holding corporation (Police and Retirement Board)
(Rules Committee referral 9/8/99)
Documents filed: Memorandum from Police and Fire Retirement Board, dated September 7, 1999, recommending the approval of said ordinance.
Discussion/Action: Ordinance No. 25951, entitled: “An Ordinance of the City of San José Amending Section 3.36.550 of Chapter 3.36 of Title 3 of the San José Municipal Code to Provide for the Holding of Real Estate Through a Title Holding Corporation”, was passed for publication. Vote: 10-0-1-0. Absent: Matthews.
6f(6) Adoption of appropriation ordinance and funding sources resolution amendments in the Sewer Service and Use Charge Capital Improvement Fund, to provide an additional $700,000 for the 60” Brick Interceptor Project. (City Manager’s Office)
(Rules Committee referral 9/8/99)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated September 7, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Ordinance No. 25952 entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Sewer Service and Use Charge Capital Improvement Fund in the Amount of $700,000 to Provide Additional Funding for the 60” Brick Interceptor Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 69107, entitled, “A Resolution of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the Sewer Service and Use Charge Capital Improvement Fund”, were adopted. Vote: 10-0-1-0. Absent: Matthews.
6f(7) Adoption of appropriation ordinance and
funding sources resolution amendments in the Services for Redevelopment Capital
Projects Fund, with a net impact to the fund in the amount of $2,500,000 for
the Tennant Avenue Bridge – Phase II Project and adoption of a resolution
making certain determinations regarding the expenditure of Agency funds on
certain public improvements. (City Manager’s Office) [Deferred from 9/7/99 –
Item 6f(1)]
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated September 8, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Ordinance No. 25953, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $2,500,000 for the Tennant Avenue Bridge – Phase II Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No, 69108, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, and Resolution No. 69109, entitled: “A Resolution of the Council of the City of San José Making Certain Determinations Consistent with California Health and Safety Code Section 33445 with Regard to Funding by the Redevelopment Agency of the City of San José of Certain Fees or Costs Incurred by the City of San José in Fiscal Year 1999-2000 in Connection with Certain Public Improvements”, were adopted. Vote: 10-0-1-0. Absent: Matthews.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee – September 1, 1999
Vice Mayor Fiscalini, Chair
Documents filed: Rules Committee report of September 1, 1999.
(1) Review September 14, 1999 Agenda
The Committee approved the September 14, 1999 City Council agenda.
(2) Add New Items to September 7, 1999 Amended Agenda
The Committee recommended one addition to the September 7, 1999 City Council agenda.
(3) Meeting Schedules
There were none.
(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated August 26, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period August 11- 24, 1999.
The Committee noted and filed the Public Record.
(5) Request to use Council General Funds to attend National League of Cities Community and Economic Development Autumn Steering Committee Meeting in Tucson, AZ, September 23-25, 1999. Attachment: Memorandum from Council Member Powers, dated August 19, 1999, requesting approval to use said Council General Funds.
The Committee recommended approval of Council Member Powers’ use of Council General funds to attend the National League of Cities Community and Economic Development Autumn Steering Committee Meeting in Tuscon, AZ, September 23-25, 1999.
(6) Request to use Council General Funds to attend National League of Cities 1999 Congress of Cities Exposition in Los Angeles, CA, November 30-December 5, 1999. Attachment: (1) Memoranda from Council Members Dando dated August 25, 1999; from Council Member Powers dated August 19, 1999; and from Council Member Woody, dated August 18, 1999, requesting use of Council General Funds for travel. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated August 26, 1999, summarizing the use of Council General Travel Budget to date.
The Committee approved the use of Council General funds by Council Members Dando, Powers and Woody to attend the National League of Cities 1999 Congress of Cities and Exposition in Los Angeles, CA, November 30-December 5, 1999.
(7) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(8) Oral communications
None were presented.
(9) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of September 1, 1999, were accepted. Vote: 11-0-0-0.
GENERAL GOVERNMENT
9a Presentation of the Metropolitan Medical Task Force. (Emergency Services)
Documents filed: (1) Memorandum from Frances E. Winslow, Director, Office of Emergency Services, dated September 8, 1999, reporting on the Metropolitan Medical Task Force. (2) Memorandum from Norberto L. Dueñas, Assistant to the City Manager, dated September 8, 1999, stating the presentation is in response to a City Council’ referral on May 25, 1999. (3) Hard copies of a slide presentation made by Staff.
Discussion/Action: Acting City Manager Debra Figone made introductory comments, stated on May 25, 1999, Council approved a second amendment to the agreement with the Department of Health and Human Services for the San José Metropolitan Medical Task Force program, and Staff is responding to the City Council’s request for a staff presentation on this project. Frances Winslow, Office of Emergency Services Director, gave a presentation on the Metropolitan Medical Task Force program in San José, which is a federally mandated program in 27 of the largest cities in the United States. She stated the purpose of the program is to provide training for Weapons of Mass Destruction/Nuclear, Biological, Chemical (WMD/NBC) events, that the program will be funded by various governmental agencies and will provide the initial equipment and pharmaceuticals to support a response to a WMD/NBC event. She introduced Fire Battalion Chief Kevin Conant and Police Sergeant Larry Weir and Police Officer Richard Sakamoto to respond to questions. Battalion Chief Kevin Conant demonstrated the Weapons of Mass Destruction Antidote Kit, and Sergeant Weir explained how the Hazardous Duty Robot, Lucky, would be used and Officer Richard Sakamoto demonstrated the robot’s capabilities. Council Member Matthews inquired about the potential for the program and the technology to be used to respond to any spills that might occur at the Water Pollution Control Plant. Director Winslow and Battalion Chief Conant explained the dual use concept embedded in the program, and the Mass Casualty aspect, which is designed to provide for a medical response to single incidents classified as mass casualty incidents. In response to questions by Council Member Chavez and Diquisto, Director Winslow explained how the medical services community is involved in the program. By unanimous consent, Council accepted the report. Vote: 11-0-0-0.
9b (1) Report
on bids and award of contract for the Median Island Improvements - Phase 3 to
the low bidder, Blossom Valley Construction, Inc., to include the Base Bid and
Add Alternate Nos. 1, 2, and 3 in the amount of $865,725, and approval of a
contingency in the amount of $87,000. CEQA:
Exempt. (Public Works)
(Deferred from 6/29/99 – Item 9o and 8/31/99 – Item 9b)
(2) Adoption
of appropriation ordinance and funding sources resolution amendments in the
Construction Excise Tax Fund and the Building and Structure Construction Tax
Fund to provide additional funding for Median Island Landscaping projects.
(City Manager’s Office)
Documents filed: (1) Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated June 9 and September 10, 1999, recommending award of said contract to the low bidders, Blossom Valley Construction, Inc., and approval of said contingency. (2) Memorandum from Budget Director Larry D. Lisenbee, dated September 8, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action:
William J. Garbett expressed concerns about water runoff from the median
islands creating a safety hazard. Mayor Gonzales requested Staff to review the
possibility of including the status of these improvement projects on the City’s
web site to enable citizens to track the median island project in their area.
Upon motion by Council Member Matthews, seconded by Council Member Diaz, and
unanimously carried, the award of said contract to the low bidder, Blossom
Valley Construction, Inc., and the related contingency, were approved;
Ordinance No. 25954, entitled: “An Ordinance of the City of San José Amending
Ordinance No. 25916 to Appropriate Moneys in the Construction Excise Tax Fund
in the Amount of $799,000 and the Building and Structure Construction Tax Fund
in the Amount of $199,000 for Median Island Landscaping Projects; and Providing
that this Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69110, entitled, “A
Resolution of the City of San José Amending Resolution No. 68980 Setting Forth
the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues
in the Construction Excise Tax Fund and the Building and Structure Construction
Tax Fund”, were adopted. Vote: 11-0-0-0.
9d Adoption of a resolution:
(1) Approving the selection of Volume Services America for an exclusive catering concession at San José Convention and Cultural Facilities (CCF).
(2) Authorizing the City Manager to make minor modifications as appropriate to the Catering Agreement form included in the Request for Proposals and award the catering concession upon execution of the Catering Agreement, with estimated annualized revenues to the City of $2,006,779 over a term of five (5) years, with one (1) option to extend the term for an additional five (5) years at the City’s sole discretion.
(Conventions, Arts and Entertainment)
(Rules Committee referral 9/8/99)
Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated September 7, 1999, recommending adoption of said resolution.
Discussion/Action:
Referencing the subcontractor participation component, Council Member Chavez
expressed an interest in having more information on the vendors that have been
used previously, and inquired about the possibility of the City taking a
leadership role in establishing career ladders for the part time and full time
workers to enable the workers to improve their jobs and wages. Director Johnson
stated the City has an informal networking process to connect workers to other
positions and indicated Staff will review how to establish a more formal
process. Council Member Dando expressed interest in seeing a list of the local
subcontractors who have been used in the past several years and who are
currently being used, and expressed concern about the length of time that the
northeast corner of the convention center has been unfinished and stated she
looks forward to its completion. Upon motion by Vice Mayor Fiscalini, seconded
by Council Member Diaz, and unanimously carried, Resolution No. 69111,
entitled: “A Resolution of the Council of the City of San José Approving the
Selection of Volume Services America for an Exclusive Catering Concession at
the San José Convention and Cultural Facilities; and Authorizing the City
Manager to Make Minor Modifications as Appropriate to the Catering Agreement
Form Included in the Request for Proposals and Award the Catering Concession Upon
Execution of the Catering Agreement, for a Term of Five (5) Years with One (1)
Option to Extend the Term for an Additional Five (5) Years at the City’s Sole
Discretion”, was adopted. Vote: 11-0-0-0.
Mayor Gonzales advised that the City Council will recess and reconvene in a joint meeting with the Redevelopment Agency in Room 204 to consider Items 9c and 11a amd11b together,
RECESS/RECONVENE
The City Council recessed at 2:33 P.M. and reconvened in Room 204, City Hall at 2:40 P.M. to meet in joint session with the Redevelopment Agency Board to consider Items 9c, 11a and 11b.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - None.
Items 9c and 11a were
considered together:
9c (1) Direction to staff to proceed to develop Civic Center Design Scheme “7a-ve” as described in Exhibit 3.
(2) Approval of an increase in the project cost of $19,567,000 to allow adding components to the scope of the project including underground parking and sustainable building features for a total project cost increase from $214,433,000 to $234,000,000.
(Public Works)
(Rules Committee referral 9/3/99)
Documents
filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr.,
dated September 3, 1999, recommending Council direct Staff to proceed to
develop Civic Center Design Scheme “7a-ve” as described in Exhibit 3, and
approve an increase in the project cost of $19,567,000 to allow adding
components to the scope of the project including underground parking and
sustainable building features for a total cost increase from $214,433,000 to
$234,000,000. (2) Memorandum from Mayor Gonzales, dated September 10, 1999,
recommending that Staff be directed to work with Richard Meier & Partners
to bring back design alternatives for further Council consideration, prior to
the approval of any changes in project costs or schematic design contracts, and
that Council Members provide input and concerns they would like to be included
in the review and forward them to the Mayor’s Office by September 28, 1999.
Discussion/Action: Mayor Gonzales stated the purpose of today’s meeting is to provide Council with the latest ideas that Staff and the architects, Richard Meier & Partners, have formulated by incorporating discussions at the May 6, 1999 Council meeting and subsequent discussions of form and massing of the major buildings on the site. He stated Council Members’ ideas are welcome and Council discussion is needed to further direct the project and provide comments to the Staff and Richard Meier that will enable the project to proceed to a final design that everyone can support. He reviewed his recommendations that Staff provides additional design alternatives for Council consideration prior to approval of any cost increases or schematic design contracts and that Council Members submit subsequent ideas in writing to his office by September 28, 1999. Acting City Manager, Debra J. Figone, stated the Civic Center project is at a stage where additional Council direction is needed to proceed to the next steps. She stated several scenarios of alternative configurations and their costs have been framed based on a wide variety of considerations pertaining to the Civic Center’s program and parking needs, community input, urban design, surrounding and adjacent uses, parameters and principles set forth by the Civic Center Relocation Task Force, Measure I, the need for timely decision making and other considerations. She stated that despite the appearance of a completed design, the project is at the conceptual stage of the design process, that Richard Meier will present his interpretation of the conceptual design features that have emerged based on the criteria and parameters established to this point, and Staff has based its recommendations on that interpretation. Referencing Mayor Gonzales’ recommendation not to proceed on the Staff recommendation until additional alternatives within the current budget are brought forward, she stated Staff is prepared to respond to that direction, should that be Council’s decision. However, Richard Meier will present the current recommendation and what is considered to be the preferred alternative for a site configuration and design in order to help Council further articulate and frame its interests and concerns using the best reflection of the input received to date. She stated Council’s input will be factored into the next steps of the process and Staff will bring back an analysis of the alternatives, trade-offs and priorities within the existing budget for Council’s consideration. Director of Public Works, Ralph A. Qualls, Jr. made a Staff presentation and, with the use of overhead slides and alternative schematic exhibits, reviewed the alternative configurations and respective cost data presented in the Staff report. He described the progression of the alternatives, beginning with the Conceptual Design Scheme 6 that was conceptually approved by the Council on June 15, 1999, and leading to the recommended alternative, Scheme 7a-ve, which incorporates a variety of parameters and priorities that were assigned to the project over the past year. He described major components pertaining to sustainability features, value engineering, and redistribution of parking. Addressing the increased cost projections attributed to sustainability elements, he stated a normal level of sustainability would have been factored into the original program had it not become clear that the project should represent a more demonstrative model of sustainability. He defined value engineering as the use of alternative construction methods and materials that deliver the project which is essentially equal to the design intended, maintaining the basic scope, length and width of the project and program; that it is not a reduction in scope but an exchange of materials by substituting at a reduced cost different types of structural forms, etc., that would not be noticable in the scope of the program. He stated the substantial change in parking is also not a reduction but a redistribution from all underground parking to only a portion underground, thereby avoiding the costly relocation of underground utilities. He stated cost projections for Scheme 7a-ve of $172 million are $19 million over budget, and features include a 405,000 square foot Office Tower, Council Chambers with access from Lobby and Civic Plaza, 125,000 square foot East Building for a customer service One-Stop Center, 5,000 square foot café at South Building location, a Public Observation Deck, Civic Plaza with orchard and water features, on-site daycare, and sustainable design. He stated modifications to achieve cost savings include maximizing space efficiencies through design, allowing reductions in building area; reducing the Tower Atrium and Lobby and the scope of the South Building (café only); placing below grade parking under the East Building with additional parking at the 6th and 4th Street garages; and reducing the Public Observation Deck. He stated Scheme 7a-ve attempts to find a balance between restoring important concepts and priorities, retaining the food service feature and the permitting center, reducing program space and redistributing parking. He stated Staff chose this alternative as a stopping point because of concerns that substantial changes to the scope would result in the deletion of priorities that have been identified. He introduced the architect, Richard Meier, to present conceptual features and their importance to the overall development of the project. Richard Meier stated the project is at a point where the conceptual design presents an idea of the basic organization and relationship of various forms on the site, and the different models, which are displayed, depict different massing potential and show the various schemes that were considered. He described the preferred alternative and explained its potential to provide the major elements of the program and parking needs and provide a public space where people can gather as part of the life of the City. He presented various design scenarios that could be incorporated, discussed the relationship between the buildings, their usages and service orientation features. He stated Scheme 7a-ve represents the best basic organization of the site to date, but stressed that modifications can be made to achieve any desired result, and the schematic design phase which comes next will move toward the appearance of the design, façade, materials and overall appearance, and ultimately will produce a design that reflects the ideas of all those who provided input. Mayor Gonzales requested the presentation on Item 11a on the San José Civic Plaza Redevelopment Project Area Urban Design be made at this point in the meeting. Bill Ekern, Redevelopment Agency Director of Special Projects, who stated the purpose of the Urban Design guidelines is to coordinate the projects that, in addition to the City Hall complex, make up the San José Civic Plaza Redevelopment Project Area, began the presentation on the Urban Design Update. He stated Urban Design is ultimately the fabric that holds all of the district together, determining how the public realm works and how buildings relate to one another at the pedestrian scale. He reported on the status of the Horace Mann School and the joint San José State University/City of San José library, the first projects moving through the Urban Design Review process and the Project Area Committee, which reviews under State law all Redevelopment Area Projects for impacts to neighborhood and surrounding areas. He explained that both City and Redevelopment Agency Staff will review the projects and track the coordination between the architecture, design, and development of projects on the perimeter of the Civic Center Plaza area. He introduced Owen Lang from Sasaki Associates, Inc., to report the status of the Urban Design Program. With the aid of video graphics Mr. Lang presented an update of the Urban Design program pertaining to the pre-schematic phase of the planning and urban design concept of the project. He stated a set of Urban Design Guidelines were developed to establish the architecture and the landscape architecture of the different buildings, based on a 1989 plan of basic ideas on positioning and massing of buildings and taking into consideration solar and physical access. He stated Sasaki is focusing on ensuring that streets, public spaces and plazas provide linkages to the community and is working on public transit issues as part of an overall framework for circulation and access, and will continue to work with each design team and agency to respond to issues and constraints as they emerge. He stated the design schedule will be synchronized with the City Hall construction schedule in attempts to minimize impacts to businesses, neighborhoods and streets, and Sasaki will work with construction management teams to stage the construction in an efficient manner. Concluding his presentation, Mr. Lang stated the project creates unprecedented connections between City government and neighborhoods and provides a synergistic mix of public and private investment in the downtown. Mayor Gonzales stated the City of San José, in creating what may be the first new City Hall in America in the new millennium, could set new standards for what a City Hall should be, and asked what should be the key elements of a City Hall and how could they be integrated into a design concept that reflects the City’s past and projects the its future. Mr. Meier stated key elements pertain to the nature of the workplace for employees and how City Hall as a public place, which represents the heart of the City, can communicate to the public about the nature of their city. He stated City Hall should be a memorable place and, in his opinion, should reflect the future rather than the past. Council Member LeZotte expressed concerns about escalating costs and about increased projections due to the addition of sustainability features, which were not included in the original budgets. Richard Meier stated it is possible to design a sustainable building within budget, but what is being recommended is a model state-of-the-art sustainable design using new technologies, the costs of which could not logically have been projected. Council Member LeZotte questioned the accessibility of the garage and cafeteria and asked if linkages could be incorporated to the main building without incurring additional costs. Mayor Gonzales stated he was interested in having accessibility between City Hall and other buildings on the site. Council Member Matthews stated it is unrealistic to think early cost projections made before design was determined would cover all of the elements, which are ultimately decided upon, and that flexibility regarding project costs is necessary. She expressed concern about the appearance of the face of the building, stated a grand entry which distinguishes the building as the City Hall is needed, that parking structures should not be prominently visible, and questioned whether the Chambers should be on the corner or at least facing 5th Street. She stated this is an opportunity to make a landmark for the City and the building should pay homage to the past. Council Member Woody expressed concerns about accessibility between the buildings, the location and visibility of the restaurant to both day and evening patrons, and about incorporating identifying features into the City Hall building, possibly with a plaza area extending out onto the street. She stated future technology-driven changes that affect how employee’s work should be taken into consideration where possible, and stressed the need to facilitate overall interconnectability, customer-friendliness and accessibility in all areas. Stating the Staff and architect have done a masterful job in the conceptual design work, Council Member Dando expressed concern that facilities be customer friendly, provide accessible parking and facilitate integration of the neighborhoods through appropriate massing and sizing of the buildings. She stated there should be a grand entrance that is both substantial and unique and, in her view, should reflect or pay homage to the past, as well as reflect the future. She stressed the importance of a grand public plaza that is not only visible but also inviting from Santa Clara Street and the City Hall building should incorporate materials and color in a classic manner. She stressed the need for childcare facilities, suggested including a water treatment attraction for children, and expressed concern about the appearance of large blank walls. Council Member Shirakawa, Jr. stated issues of interest to him are that the entrance be an important looking edifice and the Council Chambers should be integrated into the surrounding areas, and stated the functionality of the cafeteria is more important than its appearance. Council Member Powers stated she thinks the plaza can reflect the City’s history, that she supports a “green” or sustainable building, underground and/or unobtrusive parking facilities, and stated the project represents a large investment that could last for up to 50-100 years, and it is important to build the project the right way. Council Member Diaz stated the appearance of the garage is of concern to him and even though it is expensive to go underground, he would like this issue reconsidered. He expressed support for an entryway that makes a statement, for reflecting the past as well as the future in the plaza and entry, incorporating a day care facility, and stated that although creating a sustainable building is costly, it needs to be done. Council Member Chavez stated it was difficult to assess what are the appropriate costs, that incorporating a connection to the past is consistent with other efforts Council is making in the downtown, and that she prefers the building not be futuristic in design because it will be sited in one of the oldest neighborhoods in the downtown. She stated the area has no center, that there needs to be room for assemblage in front of the City Hall building and should have an orientation that creates a welcoming place for people to gather. She stated she opposes placing the large garage next to the Horace Mann School and suggested a better-articulated roof design be considered. Vice Mayor Fiscalini stated City Hall is the house of the people and must be symbolic of that importance. He stated it is premature to determine what the budget should be, that Council is designing for the future but at the same time is creating the future past for the City and the building should create a past that will be highly respected. He stated he favors a connecting link between the main building and the service building and the plaza should be as much a part of the design as the building since they need to be in harmony. Expressing concerns about eliminating buildings, he suggested that if elimination becomes necessary, Staff review the 4th Street garage for elements that can be picked up there, and which might simultaneously create an additional entrance to the Plaza. The following speakers addressed the Council regarding the proposed project: Michael Reedy, McManis, Faulkner & Morgan, representing Albert J. Ruffo and eleven other plaintiffs in a lawsuit against the Redevelopment Agency, spoke in opposition to the project. William Garbett spoke in opposition to the changes and increased costs of the project. Albert J. Ruffo spoke in opposition to project costs as they relate to Measure I requirements. Ross Signorino spoke against moving City Hall to the downtown. Mayor Gonzales stated that if Council accepts his recommendations, the Staff and Richard Meier will take the input from today’s meeting for integration into design alternatives for presentation to the Council, and stated additional input should be provided to the Mayor’s office before September 28, 1999. Council Member Woody stated she has not been in support of the project but because the Mayor’s recommendation provides more time to review the design, she will support the motion. Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the recommendations in Mayor Gonzales’ memorandum dated September 10, 1999, were approved. Vote: 11-0-0-0.
11a Presentation on the San José Civic Plaza Redevelopment Project Area Urban Design. (Redevelopment Agency)
Documents filed: Hard copies of a Powerpoint video presentation made by Sasaki Associates, Inc.
Discussion/Action: William Garbett spoke in opposition to the proposed project. Owen Lang, Sasaki Associates, Inc., made by Bill Ekern, Director of Special Projects, Redevelopment Agency, and the presentation during the Staff presentation on Item 9c. By unanimous consent, the Council accepted the report with no action required.
11b Approval of a cooperation agreement between the City and The Redevelopment Agency regarding the Civic Plaza Redevelopment Area. (City Manager’s Office/Redevelopment Agency)
(Deferred from 8/31/99 – Item 11a and 9/7/99 – Item 11a)
Documents filed: None.
Discussion/Action: This item was deferred to September 21, 1999.
The Redevelopment Agency Board portion of the meeting
was adjourned at 4:33 p.m.
CLOSED SESSION REPORT
City Attorney Gallo disclosed the following Closed
Session actions of September 14, 1999:
A. Authority to Enter a Litigation Case as Amicus Curiae:
1. Case
Name: Kajima/Ray Wilson v. Los Angeles
County Metropolitan Transportation Authority
Adverse party or parties: Kajima/Ray Wilson
Substance of litigation: Action for damages due to inappropriate rejection of low bid
Council
Vote: Ayes: Chavez, Dando, Diaz, Diquisto, Fiscalini,
LeZotte, Matthews, Powers, Shirakawa; Gonzales.
Noes: None.
Absent: Woody.
Abstain: None.
ADJOURNMENT
The Council of City of San José adjourned the meeting at 4:34 P.M.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK