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, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr.; Gonzales
Absent: Council Member Diaz, Woody (both excused)
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 with respect to existing litigation pursuant to Government Code Section 54956.9 Subsection (a): to consider the case of Preservation Action Council of San José v. City of San José, et al.; (B) to confer with Legal Counsel regarding anticipated litigation and to discuss two matters involving the initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code; and (C) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 with respect to the following: (1) City Negotiator–City Manager designee Alex Gurza, San José Police Officers’ Association and International Association of Firefighters Employee Organizations; and (2) City Negotiator–City Manager designee Debra Figone, Confidential Employees Organization.
By unanimous consent, Council
reconvened from the Closed Session, recessed at 11:50 a.m., and reconvened at
1:35 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini (arrived at 3:38 p.m.) LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Police Department Chaplain Dave
Bridgen delivered the invocation. (District 9)
Mayor Gonzales led in the Pledge of
Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member
Powers, seconded by Council Member Diaz and unanimously carried, the Orders of
the Day and the Amended Agenda were approved. Vote 10-0-1-0. Absent: Fiscalini.
CEREMONIAL ITEMS
5a Presentation
of commendations to five San José companies who are recognized on Joint Venture
Silicon Valley’s “Fast 50 List”. (Mayor)
(Deferred
from 9/21/99 – Item 5c)
Documents
Filed: None.
Discussion/Action:
Mayor Gonzales introduced the five corporations, headquartered in San José,
that were recently recognized on Joint Venture Silicon Valley’s “Fast 50 List”
for their rapid growth within the past year. Mayor Gonzales acknowledged the
outstanding performance of the following corporations and their employees who
were unable to attend today’s meeting: Clarify, Inc.; Input Software; Hybrid
Networks; and Sanmina; and presented a commendation to Concentrix Network
Corporation, represented by James Isaac, Vice President of Business
Development.
5b Presentation of a proclamation declaring
the month of October 1999 as “Employment of Persons with Disabilities Month”.
(Equality Assurance)
Documents
Filed: None.
Discussion/Action:
Joined at the Podium by Nina Grayson, Director of Equality Assurance, and
Cynthia Waddell, Disability Access Coordinator, Mayor Gonzales presented the
proclamation to the Disability Advisory Commission represented by Sandra
Gouveia--Vice Chair, and Commissioners Richard Patterson and Mary Ellen
Peterson, accompanied by Barbara Jo Clifford and Dr. Laurel Truan. Commissioner
Gouveia invited all citizens to attend a benefits faire on October 25, 1999, at
the Santa Clara County Building on Hedding, during which various agencies will
provide information on employment services for persons with disabilities.
5d Presentation
of a proclamation declaring October as “Domestic Violence Awareness Month” and
acknowledging the City’s “Walk to End Domestic Violence” as an event to raise
awareness of domestic violence in San José. (Woody)
(Rules
Committee referral 9/29/99)
Documents
Filed: None.
Discussion/Action:
Joining Mayor Gonzales at the Podium, Council Member Woody introduced Police
Chief Lansdowne and presented the proclamation to Police Lt. Johnson, Director
of the Family Violence Center.
5e Presentation
of a commendation to Stacey Hendler of KGO-TV/Channel 7 for her volunteer work
with the Family Violence Center and other domestic violence agencies in San
José. (Woody)
(Rules
Committee referral 9/29/99)
Documents
Filed: None.
Discussion/Action:
Joined by Mayor Gonzales, Council Member Woody invited KGO Anchorwoman Stacey
Handler to the Podium and presented the commendation in recognition of the
honorees’ exemplary contributions toward the eradication of domestic violence
in the City of San José. Council Member Woody invited all citizens to join
Alvina Gonzales, County Supervisor Blanca Alvarado, and other elected and
public officials on Friday, October 8, 1999 in the Walk to End Domestic Violence. Mayor Gonzales and each Council
Member were presented with a T-shirt and mug bearing the logo, There’s NO Excuse for Domestic Violence.
Council Member Woody
left Council Chambers at this point in the meeting.
CONSENT CALENDAR
Upon
motion by Council Member Powers, seconded by Council Member Diquisto and
unanimously carried, the Consent Calendar was approved and the below listed
actions were taken as indicated. Vote 9-0-2-0. Absent: Fiscalini, Woody.
Minutes for Approval
6a(1) Regular
Meeting of August 17, 1999
Documents
Filed: Minutes of the regular meeting of August 17,
1999.
Discussion/Action:
The Minutes were approved. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6a(2) Regular
Meeting of August 24, 1999
Documents
Filed: Minutes of the regular meeting of August 24,
1999.
Discussion/Action:
The Minutes were approved. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6a(3) Joint City
Council/Redevelopment Agency Meeting of August 24, 1999
Documents
Filed: Minutes of the joint meeting of August 24,
1999.
Discussion/Action:
The Minutes were approved. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
Ordinances for Final Adoption
6b(1) ORD. NO.
25960 – Rezones certain real property situated at the northeast corner of
McLaughlin Avenue and Taper Lane. PDC 98-10-075
Documents
Filed: Proof of
publication of the title of Ordinance No. 25960 executed on September 28, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25960 was adopted. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6b(2) ORD. NO.
25961 - Rezones certain real property situated at the southeast corner of
Winchester Boulevard and Neal Avenue. C 99-07-063
Documents
Filed: Proof of
publication of the title of Ordinance No. 25961 executed on September 28, 1999,
submitted by the City Clerk.
Discussion/Action:
Ordinance No. 25961 was adopted. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6e(1) 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)
[Deferred
from 9/14/99 – Item 6e(3) and 9/21/99 – Item 6e(8)]
Documents
Filed: None.
Discussion/Action:
Item 6e(1)(a) was deferred to October 26, 1999, and Item 6e(1)(b) was dropped.
6e(2) Approval of a
Reuse and Recycling agreement with the Salvation Army for the reimbursement of
cost associated for each cubic yard of commercial solid waste generated by this
authorized non-profit per fiscal year, in an amount not to exceed $139,500.
(Environmental Services)
[Deferred
from 9/14/99 – Item 6e(5)(b) and 9/21/99 – Item 6e(9)]
Documents
Filed: None.
Discussion/Action:
This item was deferred to October 19, 1999.
6e(3) Adoption of a
resolution authorizing the City Manager to execute a first amendment to the
lease agreement with DeLaVe, Inc. for Terminal A garage storage space,
extending the agreement on a month-to-month basis through October 31, 2000,
with annual revenue to the City in the amount of $5,328. CEQA: Resolution No. 67380. (Airport)
Documents
Filed: Memorandum from Director of Aviation, Ralph G.
Tonseth, dated September 16, 1999, recommending Council approve a first
amendment to extend the lease agreement with DeLaVe, Inc.
Discussion/Action:
Resolution No. 69142, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Execute a First Amendment to the Lease
Agreement For Terminal A Garage Storage Space With DeLaVe, Inc., Extending the
Term of the Agreement for a Month-to-Month Term Through October 31, 2000”, was
adopted. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6e(4) (a) Approval
of an agreement with E. Wagner & Associates, Inc. for financial advisory
services for the proposed Hellyer-Piercy Improvement District financing, in an
amount not to exceed $65,000 for the period July 1, 1999 to December 31, 2000.
(b) Adoption
of a resolution authorizing the City Attorney to execute an agreement with the
Law Offices of Leslie M. Lava for bond counsel services for the proposed
Hellyer-Piercy Improvement District financing, in an amount not to exceed
$66,500 for the period July 1, 1999 to December 31, 2000.
(Finance)
Documents
Filed: Memorandum from Director of Finance, John V.
Guthrie, dated September 16, 1999, recommending Council approve said agreements
between the City and E. Wagner & Associates, Inc. and the Law Offices of
Leslie M. Lava.
Discussion/Action:
William J. Garbett spoke against the proposed action. The financial advisory
services agreement with E. Wagner & Associates, Inc. was approved and its
execution authorized; and Resolution No. 69143, entitled: “A Resolution of the
Council of the City of San José Authorizing the City Attorney to Execute An
Agreement With the Law Offices of Leslie M. Lava to Serve as Bond Counsel for
the Proposed Hellyer-Piercy Improvement District Financing in an Amount Not to
Exceed $66,500”, was adopted. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6e(5) Approval of
award of open purchase orders for supplies, materials, equipment, and services
for FY 1999-2000 # 12, 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 September 16, 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. 12 for FY 1999-2000 was approved and
execution of the purchase orders authorized. Vote: 9-0-2-0. Absent: Fiscalini,
Woody.
6e(6) Adoption of a resolution authorizing the
Director of General Services to negotiate and execute an agreement with
Klauer’s Pick-N-Pull for off-street towing of abandoned and inoperable
vehicles, for the period October 1, 1999 to September 30, 2002, at the rate of
$26.01 per vehicle paid to the City, for an estimated annual revenue of $6,034.
(General Services)
Documents
Filed: Memorandum from Director of General Services,
Steve S. Yoshino, dated September 16, 1999, recommending Council adopt said
resolution.
Discussion/Action:
William J. Garbett spoke against the proposed action. Resolution No. 69144,
entitled: “A Resolution of the Council of the City of San José Authorizing the
Director of General Services to Execute An Agreement With Klauer’s Pick-N-Pull
For Off-Street Towing of Abandoned and Inoperable Vehicles”, was adopted. Vote:
9-0-2-0. Absent: Fiscalini, Woody.
6e(7) Adoption of a
resolution authorizing the City Manager to negotiate and execute agreements
with Blue Shield of California to provide three (3) health plans to City
employees and retirees and Secure Horizons to provide a Medicare Risk health
insurance plan for retirees for the period January 1, 2000 to December 31,
2003. (Human Resources)
Documents
Filed: Memorandum from Director of Human Resources,
Nona Tobin, dated September 24, 1999, recommending Council adopt said
resolution.
Discussion/Action:
Resolution No. 69145, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute Group Health
Agreements With Blue Shield of California and Secure Horizons for the Period
From January 1, 2000 Through December 31, 2003”, was adopted. Vote: 9-0-2-0.
Absent: Fiscalini, Woody.
6e(8) Adoption of a
resolution authorizing the City Manager to negotiate and execute an agreement
with ESI Enterprise Solutions for technical consulting services to implement
Phase II of the Human Resources/Payroll Project for the period September 15,
1999 to June 30, 2000, in an amount not to exceed $440,000.
(Human Resources)
Documents
Filed: Memorandum from Director of Human Resources,
Nona Tobin, dated September 9, 1999, recommending Council adopt said
resolution.
Discussion/Action:
Resolution No. 69146, “A Resolution of the Council of the City of San José
Authorizing the City Manager to Negotiate and Execute An Agreement With ESI
Enterprise Solutions for Technical Consulting Services to Implement Phase II of
the Human Resources/Payroll Project”, was adopted. Vote: 9-0-2-0. Absent: Fiscalini,
Woody.
6e(9) Adoption
of a resolution authorizing the City Attorney to execute the second amendment
to the legal services agreement with Ogden, Gibson, White & Broocks to
increase the compensation by $100,000, for a total not to exceed $150,000, upon
the approval of the Board of Administration for the Police and Fire Retirement
Plan. (Police and Fire Retirement Board)
Documents
Filed: Memorandum from Retirement Administrator,
Edward F. Overton, dated September 28, 1999, recommending Council adopt said
resolution.
Discussion/Action:
Resolution No. 69147, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Attorney to Execute the Second Amendment to the Legal
Services Agreement With Ogden, Gibson, White & Broocks to Increase the
Compensation by $100,000 Upon the Approval of the Board of Administration for
the Police and Fire Department Retirement Plan” was adopted. Vote: 9-0-2-0.
Absent: Fiscalini, Woody.
6e(10) Report
on bids and award of contract for the Improvement of Panoche Avenue and Pedro
Street Project to the low bidder, Golden Bay Construction, Inc., in the amount
of $251,197.25 and approval of a contingency in the amount of $37,700. CEQA:
Exempt. (Public Works)
Documents
Filed: (1) Supplemental memorandum from Director of
Public Works, Ralph A. Qualls, Jr., dated September 27, 1999, recommending
Council accept the report on bids and award said contract to the low bidder,
Golden Bay Construction, Inc. (2) Memorandum from Director of Public Works,
Ralph A. Qualls, Jr., dated September 16, 1999, recommending Council accept the
report on bids and award said contract to the low bidder.
Discussion/Action:
the report on bids was accepted, award of contract to the low bidder, Golden
Bay Construction, Inc., was approved, and execution of the contract authorized.
Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6e(11) Report on bids and award of contract for
construction of Capitol Park Restrooms to the low bidder, Restrooms Facilities
Corporation, Inc. in the amount of $139,714, and approval of a contingency in
the amount of $14,000. CEQA: Exempt.
(Public Works)
Documents
Filed: (1) Supplemental memorandum from Director of
Public Works, Ralph A. Qualls, Jr., dated September 28, 1999, recommending
Council accept the report on bids and award said contract to the low bidder,
Restrooms Facilities Corporation, Inc.
(2)
Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September
16, 1999, recommending Council accept the report on bids and award said
contract to the low bidder and approve the contingency.
Discussion/Action:
the report on bids was accepted, award of contract to Restrooms Facilities
Corporation, Inc., the low bidder, was approved, and execution of the contract
authorized. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6e(12) Approval
of Contract Change Order No. 1 for the Crothers Road Sanitary Sewer Emergency
Repair Project, for an amount not to exceed $6,500, and an increase of the
project contingency from $5,000 to $11,500, for a total contract amount of
$52,865. CEQA: Exempt.
(Public Works)
(Rules
Committee referral 9/29/99)
Documents
Filed: Memorandum from Director of Public Works,
Ralph A. Qualls, Jr., dated September 28, 1999, recommending Council approve
said change order.
Discussion/Action:
Contract Change Order No. 1 with RGW Construction, Inc., was approved and its
execution authorized. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6e(13) Approval
of Contract Change Order No. 1 for the Ewert Road Toll Plaza with Granite
Construction in the amount of $92,000, and approval of an increase in the
contingency in the amount of $92,000, for a total contract amount of
$830,166.20 with no increase in the contract time. CEQA: Resolution No.
67380.
(Public Works)
(Rules
Committee referral 9/29/99)
Documents
Filed: Memorandum from Director of Public Works,
Ralph A. Qualls, Jr., dated September 28, 1999, recommending Council approve
said contract change order.
Discussion/Action:
Contract Change Order No. 1 with Granite Construction was approved and its
execution authorized. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
6e(14) Approval
of an amendment to the lease agreement with Cornerstone Properties II, a
California Limited Liability Company, to create additional tenant improvements
in the leased premises at 4 North Second Street for the Office of Cultural
Affairs at a cost not to exceed $4,612.
(Public Works)
(Rules
Committee referral 9/29/99)
Documents
Filed: None.
Discussion/Action:
This item was dropped.
Routine Legislation
6f(1) Adoption of
appropriation ordinance amendments in the Stores Fund in the amount of $30,000
for the replacement of postal equipment. (City Manager’s Office)
Documents
Filed: Memorandum from Budget Director, Larry D.
Lisenbee, dated September 14, 1999, recommending Council adopt said
appropriation ordinance amendments in the Stores Fund.
Discussion/Action:
Ordinance No. 25965, entitled: “An Ordinance of the City of San José Amending
Ordinance No. 25916 Which Appropriates Moneys in the Stores Fund in the Amount
of $30,000, for the Replacement of a Postage Machine in the Mail Services
Section of the Department of General Services; and Providing That This
Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote:
9-0-2-0. Absent: Fiscalini, Woody.
6f(2) Adoption of a resolution appointing Lehman
Brothers as the successor remarketing agent for the City of San José
Multifamily Housing Senior Revenue Bonds, 1990 Series A (Timberwood Apartments)
and authorization for the Director of Finance to execute all necessary
documentation to affect such appointment. (Finance)
Documents
Filed: Memorandum from Director of Finance, John V.
Guthrie, dated September 16, 1999, recommending Council adopt said resolution.
Discussion/Action:
William J. Garbett spoke against the proposed action. Resolution No. 69148,
entitled: “A Resolution of the Council of the City of San José Appointing
Lehman Brothers as Successor Remarketing Agent for the City of San José
Multifamily Housing Senior Revenue Bonds, 1990 Series A (Timberwood Apartments)
and Authorizing the Director of Finance to Execute All Necessary Documentation
to Implement Such Appointment”, was adopted. Vote: 9-0-2-0. Absent: Fiscalini,
Woody.
6f(3) Adoption of a
resolution approving a Memorandum of Agreement with the Confidential Employees
Organization, AFSCME Local 101. (Employee Relations)
(Rules
Committee referral 9/29/99)
Documents
Filed: Memorandum from Assistant City Manager, Debra J.
Figone, dated October 4, 1999, recommending Council adopt said resolution.
Discussion/Action:
Resolution No. 69149, entitled: “A Resolution of the Council of the City of San
José (1) Approving the Memorandum of Agreement Between the City of San José and
the Confidential Employees Organization, Unit 50; (2) Providing for the Payment
of Salary and Benefits Pursuant to the Memorandum of Agreement; and (3)
Providing That Any Conflict Between the Memorandum of Agreement and Salary
Resolutions 51870, 51871 and 51872, the Memorandum of Agreement Shall Prevail”,
was adopted. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
COMMISSION, COMMITTEE, AND STANDING
REPORTS
7a Report of the
Committee of the Whole – August 24, 1999
Documents
Filed: Committee of the Whole Report of the meeting
on August 24, 1999.
Workforce
Investment Act. Attachments: (1) Memorandum from Director of Economic
Development Leslie S. Parks, and Director of Parks, Recreation and Neighborhood
Services Mark Linder, dated August 17, 1999, submitting background information
on the Workforce Investment Act and its application in the workplace, and
setting forth recommendations enabling the City to comply with required WIA
State designated processes, WIA major planning tasks, JPTA closeout
transitional tasks, and other actions to meet the legislative timeline of the
new WIA Program. (2) Hard copies of Workforce Investment Act presentation
submitted by Department of Parks, Recreation, and Neighborhood Services and The
Office of Economic Development.
The
Committee accepted the Staff report and directed staff to prepare a detailed
progress report that includes the recommendations for the Workforce Investment
Board and the status of representation of other cities and unincorporated
areas, and to include a budget for program implementation that includes
staffing costs and operations as well as funding sources from the Workforce
Investment Board and State transition monies.
Discussion/Action:
Upon motion by Council Member Powers, seconded by Council Member Shirakawa,
Jr., and unanimously carried, the Committee of the Whole Report and actions of
August 24, 1999 were accepted. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
7b Report of the
Rules Committee - Meeting of September 22, 1999
Documents
Filed: Rules Committee Report of September 22, 1999.
(1) Review
October 5, 1999 Draft Agenda
The
Committee approved the October 5, 1999 Council Agenda with two additions.
(2) Add
New Items to September 28, 1999 Amended Agenda
The
Committee recommended four additions to the September 28, 1999 City Council
Agenda.
(3) Meeting
Schedules
None
Presented.
(4) The Public Record. Attachment: (1)
Memorandum from City Clerk, Patricia L. O’Hearn, dated September 16, 1999,
listing the item transmitted to the Administration for the Public Record for
the period August 25 – September 14, 1999.
The
Committee noted and filed the Public Record for the period August 25-September
14, 1999.
(5) Report back on traffic signal at Camden
and Ewer/Lencar. Attachment: Memorandum from Assistant to the City Manager,
Norberto L. Dueñas, dated September 16, 1999, responding to the request from
Council Member Diquisto for the amount of time and resources needed to complete
the referral for analyses on the installation of a pedestrian stoplight at
Camden and Ewer/Lencar.
The
Committee accepted the report, which directed the Department of Streets and
Traffic to report back to the Rules Committee within 30 days on their analysis
of a pedestrian stoplight at Camden and Ewer/Lencar.
(6) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee.
(a) Proposal from the Police and Fire
Retirement Board to create a Department of Retirement. Attachment: Memorandum from Acting City Manager, Debra J.
Figone, dated September 13, 1999, recommending the Rules Committee refer the
Police and Fire Retirement Board’s proposal regarding the creation of a
Department of Retirement Services to the Administration for analysis with a
report to be provided to the City Council within sixty days.
The
Committee referred the Police and Fire Retirement Board’s proposal regarding
the creation of Department of Retirement Services to the Administration for
analysis with a report to be provided to the City Council within sixty days.
(b) Request for a Committee of the Whole
meeting: Overview of proposed Department of Retirement
At
the request of Council Members Powers and Woody, the Committee directed the
Administration to schedule a Committee of the Whole meeting regarding an Overview of Retirement Services; this
Committee of the Whole meeting is to take place one week prior to Council
consideration of a proposal from the Police and Fire Retirement Board to create
a Department of Retirement.
(7) Oral
communications
None
Presented.
(8) Adjournment
The
meeting was adjourned at 2:10 p.m.
Discussion/Action:
Upon motion by Council Member Diaz, seconded by Council Member Shirakawa, Jr.,
and unanimously carried, the Rules Committee Report and actions of September
22, 1999 were accepted. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
7b Report of the
Rules Committee - Meeting of September 29, 1999 [Partial]
Documents Filed: Rules Committee Report of September 29, 1999 (Partial)
(5) 1999 League of California Cities
Resolutions. Attachments: (1) Memorandum from Director of Intergovernmental
Relations, Betsy Shotwell, dated September 24, 1999,
recommending the Rules approve recommended City positions for fifteen of the
sixteen resolutions to be considered at the Annual League of California Cities
Conference to be held in San José, October 10-12, 1999, and requesting a
one-week turnaround to allow the City Council to act on all the recommendations
prior to the start of the Conference. (2) Supplemental memorandum from Director
of Intergovernmental Relations, Betsy Shotwell, dated September 27, 1999,
recommending approval of City position for League of California Cities
Resolution #2 relating to distribution of proceeds from tobacco settlement, to
be considered at the Annual League of California Cities Conference to be held
in San José, October 10-12, 1999, and requesting a one-week turnaround to allow
the City Council to act on the recommendation prior to the start of the
Conference.
The
Committee recommended a change in the City position for Resolution #12, Resolution Relating to Emergency Medical
Services, from APPROVE to NO ACTION. The Committee approved the recommended
City positions for Resolutions #1-11 and 13-16 to be considered at the Annual
League of California Cities Conference to be held in San José, October 10-12,
1999.
Discussion/Action: This item was removed from the Report and considered separately, with Council Member Powers questioning Staff on the recommended position of “Take No Action” on the resolution relating to stable funding for Libraries. San José Public Library Project Manager Sharon Russell stated the City is prepared to support efforts to support full funding of the Public Library Fund; however, the latter part of the resolution does cause some concern. She stated the resolution proposes support to secure a stable funding source for City and County libraries in order to satisfy unmet needs of public libraries while the State must provide full reimbursement to local agencies for State-mandated programs and costs. She stated the California Library Association has no such effort underway at this time, and that it’s priorities include full funding for the Public Library Fund, a Statewide Bond Act, and funding for the new Library of California program. She stated the State does not fully reimburse libraries for participation costs in the direct loan and interlibrary loan programs that encourage resource sharing among libraries, as participation in those programs is not mandated but rather voluntarily entered into by the jurisdictions. Reinforcing her comments of absolute support for public libraries with a suggestion that Council change the Committee position on Resolution #4, Council Member Powers recommended Council direct that the voting delegate, at the LCC Conference, amend the recommended City position to one of “Support if Amended”. Upon motion by Council Member Powers, seconded by Council Member Dando and unanimously carried, the report on the 1999 League of California Cities on Resolution #4 – Resolution Relating to Stable Funding for Libraries – was accepted with the recommended City Position changed from a position of Take No Action to that of Support if Amended. Vote: 9-0-2-0. Absent: Fiscalini, Woody. With respect to Rules Committee recommendation on Resolution #12, Council Member Dando stated all 15 cities in Santa Clara County, including the City Managers’ Association and the City’s Fire Department and Senior Staff have endorsed the emergency medical services delivery system since its enactment in 1980. She stated the City of San José in 1994 would not have been allowed the addition of paramedics to fire trucks, if local control and flexibility was not granted cities to govern their own EMS services and determine the best service delivery to meet constituents’ needs. She spoke in opposition to the Committee recommendation and recommended Council retain its leadership role in the County and on LCC issues, and take a position on the medical services issue consistent with past practices. As a point of clarification, Intergovernmental Relations Director Betsy Shotwell stated Staff recommendation is to approve the Resolution as proposed; however, Rules Committee consensus to take the position of “No Action” was at the request of Vice Mayor Fiscalini. She stated the City could increase the number of paramedics in the system, improve ambulance response times and reduce ambulance rates to the payers as compared to the current system. Mayor Gonzales stated his concerns pertain to the implications of local policy decisions on a regional system, and that EMS is one of many issues that will be discussed as the City and County deliberate several regional concerns. He assured Council that San José will take a position on the conditions of the Resolution, but not prior to the general assembly of the League of California Cities Conference scheduled for October 10-12, 1999. Referencing the cities’ positions regarding the jurisdictions under which paramedic services would be operational, Council Member Diquisto noted his support for the right of each jurisdiction to retain independent paramedic and carrier services provided within their communities, and recommended that any action on this Resolution should be postponed and the City of San José be provided the opportunity to review the type and level of pre-hospital emergency medical care operating under the auspices of its local government. Upon motion by Council Member Diquisto, seconded by Council Member Chavez and carried, Committee recommendation on Resolution #12 relating to Emergency Medical Services was not approved and Council action on the Resolution was deferred, pending receipt of additional information regarding regional implications associated with the Emergency Medical Services Program. Vote: 7-2-2-0. Noes: Dando, Powers. Absent: Fiscalini, Woody.
(6) 1999 National League of Cities Voting
Delegate and Alternates at the Annual Business Meeting. Attachment: Memorandum
from Director of Intergovernmental Relations, Betsy Shotwell, dated September 24, 1999, recommending approval of the
proposed designation of Mayor Gonzales as the voting delegate and Council
Members Powers and Woody as the alternate voting delegates at the Annual
Business Meeting for the League of Cities.
The
Committee recommended approval of Mayor Gonzales as the voting delegate and
Council Members Powers and Woody as the alternate voting delegates at the
December 4, 1999 Annual Business Meeting of the National League of Cities.
Discussion/Action:
Upon motion by Council Member Diaz, seconded by Council Member Shirakawa, Jr.,
and unanimously carried, the Rules Committee Report and actions of September
29, 1999 were accepted as amended. Vote: 9-0-2-0. Absent: Fiscalini, Woody.
7c Report of the
Finance and Technology Committee – September 22, 1999
Documents
Filed: Finance and Technology Committee Report of
September 22, 1999.
(1) FY
98-99 Audited Financial Statements
(2) Monthly
Financial Statements for August 1999
(3) Capital
Cost Report for August 1999
(4) Cash
Flow Projection
(5) Joint
City of San José/San José State Library
(6) 101
San Fernando Housing Project
(7) Financial
Advisor Recommendation
Items
1-7 referred to Redevelopment Agency Board for appropriate action.
(8) August Monthly Report. Attachment:
Letter from City Auditor, Gerald A. Silva, dated September 20, 1999, submitting
a written report of The Office of the City Auditor’s activities for the month
of August 15 through September 15, 1999.
The
Committee recommended approval of the report.
(9)
Y2K Update. Attachment: Memorandum from
Information Technology Director, Ken Phillips, dated September 14, 1999,
recommending the Finance and Technology Committee accept the report on the
status of the Year 2000 Project.
The
Committee recommended acceptance of the report.
(10) Presentation of the City’s Comprehensive
Annual Financial Report. Attachment: Memorandum from Director of Finance, John
V. Guthrie, dated August 31, 1999, transmitting to the Finance and Technology
Committee the 83rd Comprehensive Annual Financial Report for Fiscal
Year ended June 30, 1999.
The
Committee recommended acceptance of the report.
(11) Municipal Health Services Program Phase
Out. Attachment: Memorandum from City Attorney, Joan R. Gallo, dated September
14, 1999, responding to Council’s request for a plan to provide a phase-out
strategy for the Municipal Health Services Program due to expire in December
2000.
The
Committee recommended acceptance of the report.
(12) Oral petitions
William
J. Garbett noted concerns regarding the Joint Public Library.
(13) Adjournment
The
meeting was adjourned at 11:45 a.m.
Discussion/Action:
Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr.
and unanimously carried, the Finance and Technology Committee Report and
actions of September 22, 1999 were accepted. Vote: 9-0-2-0. Absent: Fiscalini,
Woody.
7e Report of the
Transportation and Environment Committee –September 23, 1999
Documents
Filed: Transportation and Environment Committee
Report of September 23, 1999.
(1) Consent
Calendar
There
were no Items on Consent Calendar.
(2) ACT Program Quarterly Report #6.
Attachments: (1) Supplemental memorandum from Director of Aviation, Ralph G.
Tonseth, dated September 22, 1999,
providing the Committee with additional
information regarding the Acoustical Treatment (ACT) Program completion
schedule. (2) Memorandum from Director of Aviation, Ralph G. Tonseth, dated
September 9, 1999, recommending the Committee accept the Airport Acoustical
Treatment (ACT) Program Report No. 6 and forward same to the City Council for
the meeting on October 5, 1999, with comments and recommendation.
The
Committee recommended acceptance of the report and noted Member LeZotte’s
dissatisfaction with the reporting completion timeframe back to the Committee.
(3) Status Report on Guadalupe Gardens
Master Plan. Attachment: Memorandum from Director of Aviation Ralph G. Tonseth,
and Director of Conventions, Arts and Entertainment Nancy Johnson, dated September 10,
1999, recommending
acceptance of the status report on the preparation of a Guadalupe Gardens
Master Plan.
The
Committee recommended acceptance of the status report.
(4) Water Efficiency Program Update. Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 9, 1999, recommending approval of the cost-benefit report on the Environmental Services Department’s Water Efficiency