MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA

TUESDAY, SEPTEMBER 28, 1999

               The Council of the City of San Jose’s regularly scheduled Closed Session was canceled and the Council convened in regular session at 1:35 P.M. in City Council Chambers at City Hall.

               Present:      Council Members -  Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody.

               Absent:       Council Members -  Gonzales (excused).

INVOCATION

               The Matsumoto School, Second Grade Choir, sang Hello to All the Children of the World, Spoonful of Sugar, and Zip-A-Dee-Doo-Dah, under the direction of teacher Lori Manchester. The 92 choir members were accompanied by Jozie Autry, Principal of Matsumoto School; Mary Ann Cavallo, Assistant Superintendent of Evergreen School District; and teachers Dan Deguara, Niki Ellis, Elanya Augustine and Amy Leung; teacher Julie Emert was unable to attend. (District 8)

PLEDGE OF ALLEGIANCE

               Joseph and Samantha from the Matsumoto School Choir led the Pledge of Allegiance.

ORDERS OF THE DAY

               Upon motion by Council Member Powers, seconded by  Council Member Shirakawa, Jr. and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Gonzales.

CEREMONIAL ITEMS

5a           Presentation of a commendation to the Smythe family for their long-standing commitment to the community.  (Dando)

               (Rules Committee referral 9/22/99)

               Documents filed: None.

               Discussion/Action: Council Member Dando joined Vice Mayor Fiscalini in the presentation of a commendation to William D. Smythe and son Michael Smythe, for their family’s many years of generous philanthropic activity in San José. Council Member Dando commented on the years of community involvement of the Smythe family through their business, Smythe European. Vice Mayor Fiscalini made the presentation and commented on the numerous awards received by the business from the Buick Company for 50 years of service to the community, and similar acknowledgments received from Sports Illustrated and Time Magazine, among others. William Smythe thanked the Vice Mayor and City Council, and son Michael stated his family will remain involved in the City following the sale of their business. A family friend, Charles Williams, presented congratulations and appreciation to the Smythe family.

5b           Presentation of a commendation to the BMW Corporation, for their support of the Greater San José Inner-City Games. (Fiscalini)

               Documents filed: None.

               Discussion/Action: Vice Mayor Fiscalini presented a commendation to Bill Stoeckel of BMW and to Charlie Fass of Cadence Design Systems for their support of the Greater San José Inner-City Games, and recognized Jim Reber, the Executive Director of Inner-City Games for his work. Bill Stoeckel, Western Region Market Manager, BMW Corporation, presented Vice Mayor Fiscalini with a check for $11,732, representing proceeds from the first annual BMW Golf Invitational on August 2, 1999, held to benefit the games.

CONSENT CALENDAR

               Upon motion by Council Member Powers, seconded by Council Member Diaz, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated.  Vote: 10-0-1-0. Absent: Gonzales.

Minutes for Approval

6a(1)       Regular Meeting of August 3, 1999

               Documents filed: Minutes of August 3, 1999.

               Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Gonzales.

6a(2)       Regular Meeting of August 10, 1999

               Documents filed:  Minutes of August 10, 1999.

               Discussion/Action:  The minutes were approved. Vote: 10-0-1-0. Absent: Gonzales.

Plans and Specifications

6d(1)       TRACT NO. 9183 – Southwest corner of Route 85 and Sanchez Drive – Cielo Gardens LLC, A California Limited Liability Company by: Cielo Builders, Inc., a California Corporation, Managing Member (Developer) – 25 single family attached residential units.  Adoption of resolutions approving the plans, final map, contract and parkland agreement for Tract No. 9183. CEQA: ND. District 9.  (Public Works)

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 21, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69126, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans for Tract No. 9183”; Resolution No. 69127, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9183”; Resolution No. 69128, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9183”; were adopted. Vote: 10-0-1-0. Absent: Gonzales.

Contracts/Agreements

6e(1)       Approval of an agreement with artist Alison Sky to design a work of art for the Fox Theater in an amount not to exceed $90,000. (Conventions, Arts and Entertainment)

               Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated September 9, 1999, recommending approval of said agreement.

               Discussion/Action: William J. Garbett spokel in opposition to the proposal. The agreement with Alison Sky to design said work of art for the Fox Theater was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

6e(2)       Adoption of a resolution authorizing the City Manager to negotiate and execute a three (3) year agreement with Baseball Acquisition Company, Inc. (BAC) to use, operate, and manage the San José Municipal Stadium.  CEQA:  Exempt.  (Conventions, Arts and Entertainment)

               Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated September 9, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69129, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Baseball Acquisition Company, Inc. to Use, Operate, and Manage the San José Municipal Stadium”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

6e(3)       Approval of the agreements with the following ethnic chambers for FY 1999-2000:

               (a)        Black Chamber, in the amount of $50,000.

               (b)        Hispanic Chamber, in the amount of $153,000.

               (c)        Japanese Chamber, in the amount of $40,000.

               (d)        Filipino-American Chamber, in the amount of $50,000.

               (e)        Portuguese Chamber, in the amount of $40,000.

               (f)        Vietnamese Chamber, in the amount of $50,000.

               (Economic Development)

               Documents filed: Memorandum from the Director of Economic Development, Leslie S. Parks, dated September 9, 1999, recommending approval of the agreements with said ethnic Chambers of Commerce.

               Discussion/Action: The agreements with the Black, Hispanic, Japanese, Filipino-American, Portuguese and Vietnamese Chambers of Commerce was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

6e(4)       Adoption of a resolution authorizing the Director of General Services to negotiate and execute the first amendment to the agreement with Universal Maintenance for the maintenance of the Transit Mall and Central Business District (CBD) increasing the second year base cost by an additional $75,000, from $501,000 to $576,000.  (General Services)

               Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 9, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69130, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute a First Amendment to the Agreement with Universal Maintenance for the Maintenance of the Transit Mall and Central Business District Increasing the Second Year Cost by an Additional $75,000”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

6e(5)       Approval of a first amendment to the agreement with Brown & Caldwell for consulting services for the development of an operations and maintenance manual which is a requirement of the National Pollutant Discharge Elimination System permit for the Water Pollution Control Plant, to increase the contract amount by $100,000, from $400,000 to $500,000, and extending the term from October 21, 1999 to June 30, 2000.  (Environmental Services)

               Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 9, 1999, recommending approval of the first amendment to said agreement with Brown & Caldwell.

               Discussion/Action: The first amendment to said agreement with Brown & Caldwell was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

6e(6)       Approval of Contract Change Order No. 1 for FY 97-98 Capital Improvement Program, Drain Repair in P&E Building; Filter Building Sewer Modifications; East Primary Scum Station Improvements with Kevin A. Lowery: dba Lowery Engineering Construction in an amount not to exceed $12,000, for a total contract amount of $229,000, with no contract time extension.  (Environmental Services)

               Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 9, 1999, recommending approval of Contract Change Order No. 1 to said contract with Kevin A. Lowery, dba Lowery Engineering Construction.

               Discussion/Action: Contract Change Order No. 1 to said contract with Kevin A. Lowery, dba Lowery Engineering Construction, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

6e(7)       Approval of the fourth amendment to the agreement with the County of Santa Clara for the abatement of weeds at no cost to the City.  (Planning, Building and Code Enforcement)

               Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated September 9, 1999, recommending approval of a fourth amendment to said agreement with the County of Santa Clara.

               Discussion/Action: The fourth amendment to said agreement with the County of Santa Clara was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

6e(8)       Adoption of a resolution authorizing the City Manager to negotiate and execute a third amendment to the agreement with PB Aviation, Inc. for Program Management, Construction Management, and Airfield Design for the Airport Master Plan, extending the term of the agreement from October 1, 1999 to February 1, 2000, at no additional cost to the City.  (Public Works)

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 9, 1999, recommending adoption of said resolution.

               Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 69131, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Third Amendment to the Agreement with PB Aviation, Inc., for Program Management, Construction Management, and Airfield Design for the Airport Master Plan, Extending the Term Through February 1, 2000, at No Additonal Cost to City”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

6e(9)       Adoption of a resolution:

               (a)        Authorizing the Director of Public Works to execute on behalf of the City, agreements and related documents between the City and Pacific Gas and Electric, Pacific Bell, and San José Water Company for the relocation of existing easements at various locations due to the expansion of Route 87 Freeway from Julian Street to Route 101.

               (b)        Expanding the authority granted the Director pursuant to Resolution No. 67480 by permitting the Director of Public Works to accept properties from the State of California on behalf of the City as part of the Right of Way Cooperative Agreement.  CEQA:  Resolution No. 65071.

               (Public Works)

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 9, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69132, entitled: “A Resolution of the Council of the City of San José: (1) Authorizing the Director of Public Works to Execute on Behalf of the City Agreements with Pacific Gas and Electric Corporation, Pacific Bell, and San José Water Company for the Relocation of Existing Easements in the Area of the proposed Route 87 and (2) Expanding the Authority of the Director of Public Works Under Resolution Number 67480 to Accept Properties from the State of California as Part of the Route 87 Right of Way Cooperative Agreement”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

6e(10)     Approval of a consultant agreement with the Office of Cheryl Barton for the Kelley Park Master Plan Update Project for a term from the retroactive date of August 25, 1999 to November 25, 2000, for a base fee amount of $70,000, and additional services in the amount of $2,000, for a total agreement amount not to exceed $72,000.  (Public Works)

               (Rules Committee referral 9/22/99)

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 21, 1999, recommending approval of said consultant agreement with the Office of Cheryl Barton.

               Discussion/Action: William J. Garbett spokel in opposition to the proposal. The said agreement with the Office of Cheryl Barton was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

6e(11)     Adoption of a resolution:

               (a)        Approving business terms for a loan up to $92,883 to Willie Pearl Henry for the rehabilitation of her single-family residence at 131 Foss Avenue.

               (b)        Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.

               (Housing)

               [Deferred from 9/21/99 – Item 6e(4)]

               Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated September 17, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69133, entitled: “A Resolution of the Council of the City of San José (i) Approving Business Terms for a Loan of Up to $92,883 to Willie Pearl Henry (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents on Behalf of the City”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

Routine Legislation

6f(1)       Approval of an ordinance amending Section 15.08.300 of Chapter 15.08 of Title 15 of the San José Municipal Code to permit Council approval of contracts for the provision of water service by the San José Municipal Water System outside the service area, without requiring annexation to the City, under limited circumstances.  CEQA:  Negative Declaration. (City Attorney’s Office)

               [Deferred from 6/22/99 – Item 6f(5) et al., and 8/31/99 – Item 6f(1)

               Documents filed: Memorandum from City Attorney Joan R. Gallo, dated September 21, 1999, recommending approval of said ordinance.

               Discussion/Action: Ordinance No. 25962, entitled: “An Ordinance of the City of San José Amending Section 15.08.300 of Chapter 15.08 of Title 15 of the San José Municipal Code to Permit Council Approval of Contracts for the Provision of Water Service by the San José Municipal Water System Outside its Service Area, Without Requiring Annexation to the City, Under Limited Circumstances”, was passed for publication. Vote: 10-0-1-0. Absent: Gonzales.

6f(2)       Adoption of a resolution accepting a donation in the amount of $78,373 from the San José Public Library Foundation to the San José Public Library, and adoption of appropriation ordinance and funding sources resolution amendments for the Partners in Reading Literacy Program in the Gift Trust Fund.  (Library/City Manager’s Office)

               Documents filed: Memorandum from City Librarian Jane Light, and Budget Director Larry Lisenbee, dated September 9, 1999, recommending adoption of a resolution accepting said donation, and approval of said appropriation ordinance and related revenue resolution amendments.

               Discussion/Action: Resolution Nos. 69134, entitled: “A Resolution of the Council of the City of San José Accepting a Gift of $78,373 from the San José Public Library Foundation to be Used for the Partners in Reading Literacy Program”, and Resolution No. 69135, 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 Gift Trust Fund”, and Ordinance No. 25963, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Gift Trust Fund in the Amount of $78,373 for Acceptance of a Gift from the San José Public Library Foundation to the San José Public Library; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 10-0-1-0. Absent: Gonzales.

6f(3)       Adoption of a resolution repealing Resolution No. 68146 and reestablishing speed limits City-wide with changes to the following roadways within the City of San José:

               (a)        Delta Road, from San Felipe Road to Mackin Woods Lane, 30 miles per hour.

               (b)        Flint Avenue, from Marten Avenue to Norwood Avenue, 30 miles per hour.

               (c)        Fowler Road, from San Felipe Road to Littleworth Way, 30 miles per hour.

               (d)        Nieman Boulevard, from Golden Dew Circle to Yerba Buena Road, 40 miles per hour.

               CEQA:  Exempt.  (Streets and Traffic)

               [Deferred from 9/21/99 – Item 6f(6)]

               Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated September 1, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69136, entitled: “A Resolution of the Council of the City of San José Establishing Speed limits on Sections of Delta Road and Nieman Boulevard, Lowering Speed Limits on Sections of Flint Avenue and Fowler Road, Reestablishing, Without Change, Speed Limits on Other Streets Within the City of San José and Repealing Resolution No. 68146”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

END OF CONSENT CALENDAR

COMMISSION, COMMITTEE, AND STANDING REPORTS

7a           Report of the Committee of the Whole – August 17, 1999

               Mayor Gonzales, Chair

               Documents filed: Committee of the Whole report of August 17, 1999.

               (1)        Citywide Classification and Compensation Study

                           The Committee accepted the report and referred action on the Staff recommendation for the Focus Framework to the August 24, 1999 City Council meeting.

               Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr., the Committee of the Whole report and actions of August 17, 1999 were accepted. Vote: 10-0-1-0. Absent: Gonzales.

7b           Report of the Rules Committee – September 15, 1999

               Vice Mayor Fiscalini, Chair

               Documents filed: Rules Committee report of September 15, 1999.

               (1)        Review September 28, 1999 Draft Agenda

                           The Committee approved the September 28, 1999 City Council agenda.

               (2)        Add New Items to September 21, 1999 Amended Agenda

                           The Committee recommended three additions to the September 21, 1999 City Council agenda.

               (3)        Meeting Schedules

                           There were none.

               (4)        The Public Record

                           There was no Public Record filed.

               (5)        1999 League of California Cities Voting Delegate and Alternate at the Annual Business Meeting

                           This item was heard by Council on September 21, 1999.

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

                           There were no referrals.

               (7)        Oral communications

                           None presented.

               (8)        Adjournment

                           The meeting was adjourned at 2:05 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 15, 1999, were accepted. Vote: 10-0-1-0. Absent: Gonzales.

7d           Report of the Economic and Community Development Committee – September 13, 1999 - Council Member Diaz, Chair

               Documents filed: Economic and Community Development Committee report of September 13, 1999.

               (1)        Quarterly Report on Public Art Workplan. Attachment: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated August 30, 1999, transmitting the Public Arts Workplan Quarterly Report and  recommending acceptance of said report.

                           The Committee accepted the report.

               (2)        Briefing on First-Time Homebuyer Programs. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated September 2, 1999, recommending acceptance of said report.

                           The Committee accepted the report.

               (3)        Housing Production Goals for Five-Year Period Beginning July 1, 1999. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated September 1, 1999, recommending acceptance of said report.

                           The Committee accepted the report.

                           Discussion/Action:  See Item 9g for Council action taken.

               (4)        Redevelopment Agency Housing Rehabilitation Program Status Report. Attachment: Memorandum from Redevelopment Agency Interim Director, Richard Rios, dated August 27, 1999, submitting said report and recommending an increase in the maximum loan amount for owner-occupied rehabilitation to $75,000.

                           The Committee recommended acceptance of the report and increasing the maximum loan amount for owner-occupied rehabilitation to $75,000.

               (5)        Office of Economic Development Semi Annual Report – January through July 1999. Attachment: Memorandum from the Director of Economic Development, Leslie S. Parks, dated August 30, 1999, transmitting the report and recommending acceptance of said report.

                           The Committee accepted the report.

               (6)        Public Outreach (Noticing) Procedure for Planning Department-Related Notices. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated September 1, 1999, recommending Council (1) Approve the report and adopt the matrix of Public Outreach Methods as an interim Public Outreach Policy, and (b) Direct Staff to (a) proceed with marketing efforts to increase the awareness of potential users of the Department’s on-line information, (c) implement the matrix of Public Outreach Methods pending City Council adoption of a Public Outreach Policy, and (d) determine the costs and implications of producing hearing notices in multiple languages; and (3) Approve that the direct costs incurred by the City to implement the expanded outreach for mailed notices and advertisements in newspapers are the responsibility of the project applicants.

                                       The Committee recommended acceptance of the report and recommendations.

                           Discussion/Action:  See Item 9h for Council action taken.

               (7)        Riparian Corridor Status Report. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated August 27, 1999, recommending acceptance of the report to be relayed to the City Council with the following recommendations: (1) Continue to require development setbacks from riparian corridors through the Development Guidelines in the Riparian Corridor Policy Study, as opposed to regulating riparian setbacks through the adoption of an ordinance; (2) Direct City Staff to apply the RCPS Development Guidelines diligently for both private and public projects; (3) Direct Planning Staff to continue to pursue improved coordination of the City’s riparian protection objectives with the Santa Clara Valley Water District’s flood control activities as part of the current Riparian Restoration Action Plan process; and (4) Direct Planning Staff to report its findings and conclusions regarding improved City/Water District coordination with the Staff recommendations for the proposed Riparian Restoration Action Plan.

                           The Committee accepted the report and recommendations.

               (8)        Oral petitions

                           None.

               (9)        Adjournment

                                       The meeting was adjourned at 5:05 p.m.

               Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Matthews, and unanimously carried, the Economic and Community Development Committee report and actions of September 13, 1999, were accepted. Vote: 10-0-1-0. Absent: Gonzales.

GENERAL GOVERNMENT

9a           Adoption of a resolution authorizing the Director of General Services to negotiate and execute the first amendment to the agreement with Ascom Trindel Corporation for the upgrade of the Airport Parking Revenue Control System, increasing the base cost by $613,976, from $2,965,397.25 to $3,579,373.25.  (General Services)

               Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 9, 1999, recommending adoption of said resolution.

               Discussion/Action: Council Member LeZotte asked about the amount of customer fraud, employee embezzlement and/or employees retiring from the airport on disability because of repetitive motion injuries, which would warrant this large of an expenditure. Director Tonseth explained that as part of the process of upgrading the airport parking revenue control system as part of the Y2K compliance programs, Staff became aware of new technology which has proven successful in field trials in automatically recording license plates as cars enter a parking lot, and that upon evaluating the system at the Washington Dulles Airport, Staff found it to be a very good system that performs as reported. He stated the system records license plate numbers of cars entering a parking lot and matches the license plate with the car when exiting. He stated the transaction is faster than the manual system which is currently used and which can produce errors, delays and repetitive stress injuries. He stated that currently a team of employees walks through the lots conducting a manual inventory of every license plate to document entry and exit times in the event the patron loses their ticket. He stated the proposed system has a 98.5% reliability factor and has been very efficient in the field in speeding up transactions, tightening revenue control efforts, and has the potential of increasing the number of cars processed. He stated that since the existing system is being replaced, now is the time to consider new technology, that the proposed system would increase airport efficiency and Staff has negotiated a price that is almost at the manufacturer’s cost in order for the system to be used as a demonstration project for the industry. He stated this would be the first complete system of this nature in any airport in the United States, possibly in the world. Council Member LeZotte stated she appreciated those points but still does not see the cost benefit relative to the stated reasons for the program, i.e., to reduce customer fraud, embezzlement and repetitive stress injuries, and had not heard the rationale for those issues presented. Director Tonseth offered to provide that information in a separate conversation. Council Member Powers commented that the Airport Commission regularly hears complaints about the length of time it takes patrons to enter and exit the airport garages and the proposed system could help to eliminate those frustrations among drivers by making the system more efficient. Upon motion by Council Member Diquisto, seconded by Council Member Powers, and carried, the, Resolution No. 69137, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Amendment to the Agreement with Ascom Trindel Corporation for the Purchase and Installation of Upgrades to the Airport Parking Revenue Control System”, was adopted. Vote: 8-2-1-0. Noes: Chavez, LeZotte. Absent: Gonzales.

9b           Approval of award of a purchase order for the application of a paver placed surface seal roadway treatment to Bond Blacktop (San José) for a total cost of $1,001,460.10, including tax, and authorization for the Director of General Services to execute the purchase order.  (General Services)

               Documents filed: None.

               Discussion/Action: This item was deferred to October 5, 1999.

9c           Adoption of a resolution authorizing the Director of General Services to:

               (1)        Execute an agreement with Granite Construction for the emergency repair of damaged portions of runways, taxiways, aprons, access roads, driveways and parking lots at San José International Airport for a one (1) year agreement for the period October 1, 1999 to September 30, 2000, in the amount of $400,000.

               (2)        Exercise an option for renewal at the same compensation rate, for one (1) year for the period October 1, 2000 to September 30, 2001, contingent upon Council approval of funds.

               (General Services)

               Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 9, 1999, recommending adoption of said resolution.

               Discussion/Action: Upon motion by Council Member Powers, seconded by  Council Member Shirakawa, Jr., and unanimously carried, Resolution No. 69138, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Agreement with Granite Construction for Emergency Repairs of Damaged Portions of the Runways, Taxiways and Other Paved Areas at the San José International Airport”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

9d           (1)        Approval of the federal Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 1998-99.

               (2)        Authorization for the Director of Housing to submit the approved CAPER to the federal government on or before October 1, 1999 in accordance with federal regulations.

               (Housing/Parks, Recreation and Neighborhood Services)

               Documents filed: (1) Memorandum from Director of Housing, Alex Sanchez, and Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 9, 1999, recommending Council approve the proposed Annual CAPER report for Fiscal Year 1998-99 and authorize the Director of Housing to submit the approved CAPER to the federal government in accordance with federal regulations. (2) Draft FY 1998-99 Consolidated Annual Performance and Evaluation Report. (3) Supplemental memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 21, 1999, distributing the section of the CAPER report that details the status of Community Development Block Grant projects.

               Discussion/Action: Responding to concerns expressed by Council Member Powers regarding Section 8 tenants whose landlords have prepaid their contracts, Staff indicated a report on that issue will be forthcoming in approximately one month. Upon motion by  Council Member Shirakawa, Jr., seconded by Council Member Diaz, and unanimously carried, the federal Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 1998-99 was approved and the Director of Housing authorized to submit the approved CAPER to the federal government on or before October 1, 1999 in accordance with federal regulations. Vote: 10-0-1-0. Absent: Gonzales.

9e           Approval of the Master Plan for the San Tomas Aquino/Saratoga Creek Trail.  CEQA:  ND.  (Parks, Recreation and Neighborhood Services)

               Documents filed: (1) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 9, 1999, recommending approval of the Master Plan for the San Tomas Aquino/Saratoga Creek Trail. (2) San Tomas Aquino/Saratoga Creek Trail Master Plan, dated June 29, 1999, and prepared by the Sokale/Landry Collaborative for the County of Santa Clara, Parks and Recreation Department, in conjunction with the San Tomas Aquino/Saratoga Creek Streamside Park Committee.

               Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Diquisto, and unanimously carried, the Master Plan for the San Tomas Aquino/Saratoga Creek Trail was approved. Vote: 10-0-1-0. Absent: Gonzales.

9f            Report on bids, waive an informality, and award of contract for the Tuers Yard and Muni Water Relocation Project to the low bidder, Apex Construction Company in the amount of $323,800, and approval of a contingency in the amount of $33,000.  CEQA:  Pending.  (Public Works)

               Documents filed: None.

               Discussion/Action: This item was deferred to October 5, 1999.

9g           Approval of the Affordable Housing Production Goals for the five-year period beginning July 1, 1999.  [Economic and Community Development Committee referral 9/13/99 – Item 7d(3)]

               Documents filed: None.

               Discussion/Action: This item was deferred to October 5, 1999.

9h           Adoption of the Public Outreach Methods as interim public outreach policy for projects which require land use approvals.  [Economic and Community Development Committee referral 9/13/99 – Item 7d(6)]

               Documents filed: None.

               Discussion/Action: This item was deferred to October 5, 1999.

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS

               The City Council convened the redevelopment agency board at 2:22 p.m. to consider Item 11a in a Joint Session.

11a         (1)        Adoption of resolutions by the City Council setting salary and benefits for the City Manager, Del Borgsdorf, and setting salary for the Redevelopment Manager/Executive Director, Susan Shick.

               (2)        Adoption of a resolution by the Redevelopment Agency Board approving salary and benefits for Executive Director Susan Shick.

               (3)        Approval of a cooperation agreement between the City of San José and the Redevelopment Agency for the loan of the Redevelopment Manager to the Redevelopment Agency.

               (4)        Adoption by the City Council of related appropriation ordinance and funding sources resolution amendments in the General Fund in the total amount of $500,000 for low interest home loans.

               (5)        (a)        Adoption of a resolution by the Redevelopment Agency Board amending the FY 1999-2000 Agency appropriations resolution to address the $250,000 for reimbursement to the City for a home loan for the Agency Executive Director; and

                           (b)        Adoption of a resolution by the Redevelopment Agency Board amending the FY 1999-2000 Operating Budget.

               (Mayor) (Rules Committee referral 9/22/99

               Documents filed: (1) Memorandum from Mayor Gonzales, dated September 27, 1999, recommending salaries and benefits for the City Manager and Executive Director of the Redevelopment Agency. (2) Memorandum from Budget Director Larry D. Lisenbee, dated September 27, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.

               Discussion/Action: City Attorney Gallo advised that Council should adopt related resolutions to amend the Agency FY 1999-2000 Operating Budget and amend the Agency’s appropriations resolution to address the $250,000 reimbursement to the City for a home loan for the Agency Executive Director. William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Diaz, seconded by Council Member Powers, and unanimously carried, the cooperation agreement between the City of San José and the Redevelopment Agency for the loan of the Redevelopment Manager to the Redevelopment Agency was approved, and Resolution No. 69139, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 51872 by Amending Exhibit 99 and the City of San José Pay Plan by Setting the Salary and Approving Benefits for the City Manager, Del Borgsdorf, Effective September 25, 1999”; Resolution No. 69140, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 51872, Exhibit 99 and the City of San José Pay Plan to Set the Salary of the Redevelopment Manager (U) (1687) Classification to a Flat Biweekly Salary of $6769.60, Effective September 28, 1999”; Ordinance No. 25964, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Total Amount of $500,000 to Provide for Low Interest Loans to the New City Manager and Redevelopment Agency Executive Director; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69141, 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 General Fund”; Redevelopment Agency Resolution No. 4810, approving salary and benefits for Executive Director Susan Shick; Redevelopment Agency Resolution No. 4811, amending the FY 1999-2000 Agency appropriations resolution to address the $250,000 for reimbursement to the City for a home loan for the Agency Executive Director”; and Redevelopment Agency Resolution No. 4812, entitled: “Resolution of the Board of Directors of the Redevelopment Agency of the City of San José Approving the Second Amendment to the Annual Appropriation Resolution for Fiscal Year 1999-2000”, were adopted. Vote: 10-0-1-0. Absent: Gonzales.

               The Redevelopment Agency Board portion of the meeting was adjourned at 2:26 p.m.

ADJOURNMENT

               The Council of the City of San José adjourned at 2:27 p.m.

FRANK FISCALINI

MAYOR PRO TEMPORE

ATTEST:

PATRICIA L. O’HEARN

CITY CLERK