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, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - LeZotte.
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) King v. City of San José, et al.; (2) Neves v. City of San José, et al., and (3) Pedraza, et al. v. City of San José, et al., and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Alex Gurza; Employee Organizations: Management and Unrepresented Employees: Units 4, 15, 16, 21 and 99, and (2) City Negotiator: City Manager designee Alex Gurza; Employee Organization: Association of Building and Mechanical and Electrical inspectors, Unit 3.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1:35 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
Father Stout, Chaplain of the San José Fire
Department, delivered the Invocation. (District 9)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Presentation of the Great American Cleanup Awards to the winning schools for the cleanest campus in the City. (Parks, Recreation and Neighborhood Services)
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 6, 1999, providing information on the Great American Cleanup Awards presentation.
Discussion/Action: Mayor Gonzales was joined by Council Member Chavez for presentation of the Great American Cleanup Awards to the schools having the cleanest campuses in the City. Council Member Chavez commended the leadership of Monica Devincenzi, Chair of the San José Beautiful Steering Committee and Committee Members Jon Hellesoe, Ann Smith and Cathy Kiel, and thanked the Exchange Club, Waste Management and San José Beautiful for coordinating the event and providing prizes. Students from the respective categories were called to the podium to receive the following awards: The Elementary School Award was presented to Cadwallader for 1st place, Honorable Mentions were presented to Moreland Discovery, Norland, Payne, Ruskin and Summerdale Elementary Schools; Fair Middle School took 1st place for Middle Schools; and Broadway High achieved 1st place in the High School category.
5b Presentation of a commendation to Marty Gutierrez, 8th grader, for achievement in Summer Reading Program. (Chavez)
(Rules Committee referral 10/20/99)
Documents filed: None.
Discussion/Action: Council Member Chavez joined Mayor Gonzales for presentation of a commendation to Marty Gutierrez for his achievements in the Summer Reading program.
5c Presentation of a commendation to Jim Tomaino, President of the San José Police Officers Association, for adopting the “Walk to End Domestic Violence” as the POA’s public service project, and co-sponsoring the event. (Woody)
(Deferred from 10/19/99 – Item 5c)
Documents filed: None.
Discussion/Action: Council Member Woody joined Mayor Gonzales for presentation of a commendation to Jim Tomaino for his involvement in organizing the Walk to End Domestic Violence as the POA’s public service project, and acknowledged his leadership as President of the San José Police Officers’ Association and his work with Child Quest International. Jim Tomaino accepted the commendation on behalf of the men and women of the San José Police Department who daily risk their lives for the residents of the City of San José.
5d Acknowledgement and presentation of certificates to the 2nd Annual “Walk to End Violence” Planning Committee members. (Woody)
(Deferred from 10/19/99 – Item 5d)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined by Council Member Woody to present certificates to members of the Planning Committee which organized both the 1998-1999 “Walk to End Domestic Violence” and acknowledged committee members Cynthia Bojorquez, Carolena Camarena, Laura Diaz, Charri Hearn, Lt. Gary Johnson, Marie Rothhauser, Stacey Wagner, Christine Hagion Rzepka, Alison Ramsay and Wiggsy Sivertsen for their participation.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.
Minutes for Approval
6a(1) Regular Meeting of September 7, 1999
Documents filed: Minutes of September 7, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
6e(1) (a) Adoption of a resolution authorizing the Director of General Services to execute amendments to the following agreements to extend the term from August 31, 1999 to August 31, 2000:
(1) 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.
(2) Pacific Bell Space Use Agreement for the location of pay phones at the San José International Airport, at the rate of 44% for all coin calls and 33% for non-coin local and $17.88 per phone, per month, space rental fee.
(b) Direction to the Administration to report back by the November 23, 1999 City Council meeting on a policy regarding pay telephones in the public right-of-way and City facilities, to facilitate the discussion and approval of the Pacific Bell Space Use agreement for all the pay telephones located at all other City-wide locations.
(Information Technology/General Services)
[Deferred from 10/5/99 – Item 6e(1)]
Documents filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated August 26, 1999, making recommendations pertaining to agreements with AT&T and with Pacific Bell. (2) Memorandum from Director of Information Technology, Ken E. Phillips, and Director of General Services, Steve S. Yoshino, dated October 6, 1999, recommending adoption of said resolution and approval of said direction for the Administration to report back by November 23, 1999 on a policy regarding pay telephones in the public right-of-way and approval of the Pacific Bell Space Use agreement for all pay telephones located at all other City-wide locations.
Discussion/Action:
William J. Garbett spoke in opposition to the proposal. Resolution No. 69169,
entitled: “A Resolution of the Council of the City of San José Authorizing the
Director of General Services to Execute Amendments to the Agreements with
Pacific Bell and AT&T for Public pay Telephone Service”, was adopted and
the Adminstration directed to report back November 23, 1999 on a policy
regarding pay telephones in the public right-of-way and at City facilities.
Vote: 11-0-0-0.
6e(2) (a) Approval
of the first amendment to a consultant agreement with Miller & Van Eaton
for cable franchise renewal consultant services in an additional amount of
$51,000, for a total contract cost not to exceed $226,000, and to extend the
term of the consultant agreement from October 31, 1999 to June 30, 2000.
(b) Adoption
of appropriation ordinance amendment in the General Fund to:
(1) Establish a Cable Franchise Consulting
Services appropriation in the amount of $51,000.
(2) Decrease the Unearmarked Contingency
Reserve by $51,000, from $18,818,236 to $18,767,236.
(City Manager’s Office)
Documents filed: (1) Memorandum from Deputy City Manager Kay Winer and Budget Director Larry Lisenbee, dated October 12, 1999, recommending approval of the first amendment to said agreement with Miller & Van Eaton, and adoption of said appropriation ordinance amendment in the General Fund. (2) Supplemental Memorandum from Deputy City Manager Kay Winer and Budget Director Larry Lisenbee, dated October 19, 1999, amending memorandum dated October 12, 1999, to decrease the Unearmarked Contingency Reserve by $51,000, from $18,818,236 to $18,767,236.
Discussion/Action: The first amendment to said agreement with Miller & Van Eaton was approved and Ordinance No. 25977, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in an Additional Amount of $51,000 for a Total Contract Cost Not to Exceed $226,000 to Extend the Term of the Miller 7 Van Eaton Consultant Agreement from October 31, 1999 to June 30, 2000; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.
6e(3) Report on bids and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 99/2000 CIP, BNR Effluent Monitoring Facilities” to the low bidder, Clyde G. Steagall, Inc., in the amount of $216,175, and approval of a contingency in the amount of $33,000. CEQA: Exempt. (Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 6, 1999, recommending award of said contract to the low bidder, Clyde G. Steagall, Inc. (2) Letter from the Treatment Plant Advisory Committee dated October 15, 1999, stating concurrence with the Staff recommendation.
Discussion/Action: The award of contract to the low bidder, Clyde G. Steagall, Inc. was approved and its execution authorized. Vote: 11-0-0-0.
6e(4) Approval of Contract Change Order No. 1 for 95/96 Capital Improvement Program, Number 2 Water Well Improvements with Anderson Pacific Engineering Construction, Inc. in an amount not to exceed $18,000, for a total contract amount of $257,850, with no contract time extension. (Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 6, 1999, recommending approval of Contract Change Order No. 1 to said contract with Anderson Pacific Engineering Construction, Inc. (2) Letter from the Treatment Plant Advisory Committee dated October 15, 1999, stating concurrence with the Staff recommendation.
Discussion/Action: Contract Change Order No. 1 to said contract with Anderson Pacific Engineering Construction, Inc. was approved and its execution authorized. Vote: 11-0-0-0.
6e(5) Approval of Contract Change Order No. 1 for 97/98 Capital Improvement Program, Filter Backwash Piping Replacement with Anderson Pacific Engineering Construction, Inc. in an amount not to exceed $60,000, for a total contract amount of $532,000, with no contract time extension. (Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 6, 1999, recommending approval of Contract Change Order No. 1 to said contract with Anderson Pacific Engineering Construction, Inc. (2) Letter from the Treatment Plant Advisory Committee dated October 15, 1999, stating concurrence with the Staff recommendation.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Contract Change Order No. 1 for said contract with Anderson Pacific Engineering Construction, Inc. was approved and its execution authorized. Vote: 11-0-0-0.
6e(6) Approval of an amendment to a continuation agreement with PCR/KOTIN to provide financial analysis associated with the Civic Center Relocation Project to continue the term through December 31, 2000, and to increase the contract amount by $35,000, for a maximum compensation of $57,000. (Finance)
Documents filed: Memorandum from Director of Finance, John V. Guthrie, dated October 6, 1999, recommending approval of an amendment to said agreement with PCR/KOTIN.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. The amendment to said agreement with PCR/KOTIN was approved and its execution authorized. Vote: 11-0-0-0.
6e(7) Adoption of a resolution authorizing the Director of General Services to execute an agreement with the AZTEC Consultants/MCE Corporation Group for San José Downtown Facilities Maintenance Oversight for a one (1) year period from November 1, 1999 to October 31, 2000, at a total cost not to exceed $89,890, for the maintenance oversight of the San José Arena, the San José Ice Centre, the San José Repertory Theater, and the Children’s Discovery Museum. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated October 6, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69170, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute an Agreement with AZTEC Consultants/MCE Corporation Group for Facilities Maintenance Oversight for the Period November 1, 1999 to October 31, 2000, in a Total Amount Not to Exceed $89,890”, was adopted. Vote: 11-0-0-0.
6e(8) This item was removed from the Consent Calendar and considered separately.
6e(9) Adoption of a resolution declaring a
parcel of City-owned land located at the southeast corner of Dana and Shasta
Avenues surplus to the needs to the City, authorizing the Director of Public
Works to execute an agreement for its sale to Louis Fong and Dr. Ginny Fong,
the adjoining property owners, for the amount of $2,500, and all other
documents necessary to complete the transaction. CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 6, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69171, entitled: “A Resolution of the Council of the City of San José Declaring Certain City-Owned Property Surplus and Authorizing the Director of Public Works to Execute an Agreement to Sell and All Necessary Documents Necessary for the Transfer of Such Property to the Adjacent Property Owners, Louis and Ginny Fong, for a Sum of No Less than $2500.00”, was adopted. Vote: 11-0-0-0.
6e(10) Adoption of a resolution declaring a
parcel of City-owned land located at the northwesterly corner of Lausett and
Scharff Avenues surplus to the needs of the City, authorizing the Director of
Public Works to execute an agreement for its sale to Anh Tuyet Thi Nguyen, the
adjoining property owner, for the amount of $4,036, and all other documents
necessary to complete the transaction.
CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 6, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69172, entitled: “A Resolution of the Council of the City of San José Declaring Certain City-Owned Property Surplus and Authorizing the Director of Public Works to Execute an Agreement to Sell and All Documents Necessary for the Transfer of Such Property to the Adjacent Property Owner, Anh Tuyet Thi Nguyen, for a Sum of No Less than $4036.00”, was adopted. Vote: 11-0-0-0.
6e(11) Report on bids and award of contract
for the City Hall Third Floor Remodel to the low bidder and approval of a
contingency in the amount of ten (10) percent.
CEQA: Exempt. (Public Works)
Documents filed: None.
Discussion/Action: This item was deferred to November 2, 1999.
6e(12) This item was removed from the Consent
Calendar to be heard separately.
6e(13) Report on bids and approval to reject
all bids for the Coyote Creek Trail at Yerba Buena Road Project and authorization
for the Director of Public Works to re-advertise and re-bid the project. CEQA:
ND. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 6, 1999, recommending approval to reject all bids for said project and authorization for the Director of Public Works to re-advertise and re-bid the project.
Discussion/Action: The rejection of all bids for said project was approved and the Director of Public Works authorized to re-advertise and re-bid the project. Vote: 11-0-0-0.
6e(14) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 #13, and authorization for the Director of General Services to execute the purchase orders. (General Services) [Deferred from 10/19/99 – Item 6e(5)]
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 30, 1999, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List No. 13 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.
Routine Legislation
6f(1) Adoption of a resolution authorizing the City Manager to submit a grant application to the Bill & Melinda Gates Foundation Library Initiative’s Accelerated Grant Program for Large Libraries in an amount not to exceed $175,000, to execute all documents related to the application and to accept the grant if awarded. (Library)
Documents filed: Memorandum from City Librarian Jane Light, dated October 6, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69173, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit an Application to the Bill & Melinda Gates Foundation for the Library Initiative’s Accelerated Grant program for Large Libraries for a Grant in an Amount Not to Exceed $175,000, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
6f(2) Adoption of a resolution:
(a) Accepting an irrevocable offer of dedication of parkland from Irvine Apartment Communities for park purposes.
(b) Approving a turnkey parkland agreement with Irvine Apartment Communities for PD Permit No’s. PD 99-05-025, PD 99-05-028, and PD 99-05-029.
CEQA: Resolution No. 67894. (Parks, Recreation and Neighborhood Services)
Documents filed: None.
Discussion/Action: This item was deferred to November 16, 1999.
6f(3) Adoption of a resolution:
(a) Approving applications for grant funding for the Los Gatos Creek Trail under the San Francisco Bay Area Conservancy Program, Habitat Conservation Program, and the Recreational Trails Program; and the San Tomas Aquino/Saratoga Creek Trail under the Environmental Enhancement and Mitigation Program.
(b) Authorization for the City Manager to negotiate and execute all documents relating to these applications and to the agreements if the grants are awarded.
CEQA: Negative Declaration.
Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 8, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69174, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit Various Grant Applications for Funding of the Los Gatos Creek Trail and the San Tomas Aquino/Saratoga Creek Trail”, was adopted. Vote: 11-0-0-0.
6f(4) Acceptance of the Third Quarter 1999 San José Arena Authority Ticket Distribution Program Report. (San José Arena Authority)
Documents filed: Memorandum from San José Arena Authority, dated October 26, 1999, transmitting said report and recommending Council accept the report.
Discussion/Action: The Third Quarter 1999 San
José Arena Authority Ticket Distribution Program Report was accepted. Vote:
11-0-0-0.
6f(5) Approval of the San José Arena Management’s Advertising Plan. (San José Arena Authority)
Documents filed: Memorandum from San José Arena Authority, dated October 4, 1999, recommending approval of the San José Arena Management’s Advertising Plan.
Discussion/Action: The San José Arena Management’s Advertising Plan was approved. Vote: 11-0-0-0.
6f(6) Approval of City Auditor Gerald Silva’s travel to South Lake Tahoe, Nevada, on October 6-8, 1999; to Monterey, California, on October 25, 1999; and to Savannah, Georgia, on October 31-November 2, 1999, at a cost to the City of $710. (City Auditor)
Documents filed: Correspondence from City Auditor Gerald A. Silva, dated October 18, 1999, requesting approval for said travel.
Discussion/Action: The City Auditor’s travel on October 6-8, October 25, and October 31-November 2, 1999, was approved. Vote: 11-0-0-0.
6f(7) Adoption of a resolution calling for a General Municipal Election to be held on Tuesday, March 7, 2000 to elect Council Members in Districts 2, 4, 6, 8, and 10, and requesting consolidation with Santa Clara County elections. (City Clerk)
Documents filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated October 26, 1999, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69175, entitled: “A Resolution of the Council of the City of San José Calling and Giving Notice of a General Election to be Held in the City of San José on March 7, 2000, for the purpose of Electing One person Each from Council Districts Two, Four, Six, Eight, and Ten to the Council of the City of San José for Full Four-Year Terms; Requesting the Consolidation of Said Election with the State Primary Election to be Held in Santa Clara County on March 7, 2000, Requesting the Board of Supervisors of the County of Santa Clara to Canvass the Returns of Said Election and to Permit the County Registrar of Voters to Render Certain Services to the City of San José Relating to the Conduct of Said Election: Establishing Fees for Candidates Statements and for Filing Notices of Intent to Circulate Petitions; and Directing that Certain Other Actions be Taken with Regard to the Election”, was adopted. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
Items 6e(8) and 6e(12) were removed from the Consent Calendar and heard separately.
6e(8) Approval of award to purchase additional components to the 911 and 311 call recording system to Dictaphone Corporation as a sole source purchase, at a total cost of $78,478, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated September 30, 1999, requesting said purchase award. (2) Memorandum from Mayor Gonzales and Council Member Matthews, dated October 26, 1999, requesting an analysis of the 311 non-emergency system for report to Council. (3) Memorandum from Chief of Police, William M. Lansdowne, dated October 25, 1999, responding to questions raised about the 311 system.
Discussion/Action: Council Member Matthews commented on the article in the San José Mercury News alleging excessive delays are being experienced by callers to the Police Department’s 311 non-emergency number. She stated she and Mayor Gonzales have issued a memorandum dated October 26, 1999, in which the Administration is requested to analyze the entire 311 system, including recruitment and retention of personnel, training, procedures and equipment, and report back in 30 days to Council with recommendations. Council Member Matthews noted Police Chief Lansdowne issued a memorandum dated October 25, 1999, responding to news allegations and clarifying misinformation. Upon motion by Council Member Matthews, seconded by Council Member LeZotte, and unanimously carried, the recommendations of Council Member Matthews and Mayor Gonzales dated October 26, 1999, and the award of purchase to Dictaphone Corporation as a sole source purchase pursuant to Chapter 1217 of the City Charter, were approved, and the Director of General Services was authorized to execute the purchase order. Vote: 11-0-0-0.
6e(12) (a) Approval of an amendment to the agreement with the Santa Clara Valley Transportation Authority (VTA) relating to the EcoPass Program in the amount of $55,962, for all City employees and extending the term of the agreement to December 31, 1999
(b) Adoption of a resolution authorizing the City Manager to execute future amendments renewing the Citywide EcoPass Program administered by the Department of Public Works and the tenant EcoPass Program administered by the Airport Department under the existing terms and conditions.
(Public Works/Airport)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., and from Aviation Director Ralph G. Tonseth, dated October 20, 1999, recommending approval of said amendment with the VTA relating to the EcoPass Program and adoption of said resolution authorizing the City Manager to execute future amendments reviewing the Citywide EcoPass Program.
Discussion/Action: Council Member Matthews suggested Staff explore with VTA possibilities to expand the program by first ensuring that all City employees are eligible to participate, to include Redevelopment Agency employees, and that organizations such as non-profit organizations with which the City partners could be included in the program, with the costs to be borne by the non-profit organization. Upon motion by Council Member Matthews, seconded by Vice Mayor Fiscalini, and unanimously carried, Staff was directed to explore with the VTA the potential for expansion of the EcoPass program to all employees and other eligible entities as discussed by the Council; the amendment to the agreement with the Santa Clara Valley Transportation Authority was approved, and Resolution No. 69176, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute Future Amendments Extending the Citywide EcoPass Program Administered by the Department of Public Works, in an Amount Not to Exceed $56,000 Every Six Months, and the Tenant EcoPass Program Administered by the Airport Department, Not to Exceed $47,000 Annually”, was adopted. Vote: 11-0-0-0.
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee – October 13, 1999
Vice Mayor Fiscalini, Chair
Documents filed: Rules Committee report of October 13, 1999.
(1) Review October 26, 1999 Draft Agenda
The Committee approved the October 26, 1999 Council Agenda.
(2) Add New Items to October 19, 1999 Amended Agenda
The Committee recommended eight additions to the October 19, 1999 Council agenda.
(3) Meeting Schedules. Attachment: Memorandum from Council Liaison Deanna Santana, dated October 8, 1999, recommending a Committee of the Whole meeting.
(a) Approve a Committee of the Whole meeting entitled, “The Mission and Core Services of the Retirement Services function” on October 26, 1999.
The Committee recommended approval of a Committee of the Whole meeting on Tuesday, October 26, 1999, following the Council Meeting, to discuss “The Mission and Core Services of the Retirement Services Function.”
(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated October 7, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period September 29-October 5, 1999.
The Committee noted and filed the public record.
(5) Boards and Commissions
(a) Request to reduce the number of members on the Disadvantaged Business Development (DBD) Commission. Attachment: Council Member Diaz, dated October 7, 1999, requesting a reduction in the number of members on the Disadvantaged Business Development Commission.
The Committee recommended approval of Council Member Diaz’ request and direction to the City Attorney’s office to expedite an amendment to the commission ordinance to reduce the number of seated members on the Disadvantaged Business Development Commission from 11 at-large positions and 6 representatives of Chambers of Commerce and/or other business or professional organizations to 9 at-large positions and 4 representatives of Chambers of Commerce and/or other business or professional organizations, thus reducing the total number of commissioners from 17 to 13.
See Item 9h for Council action taken.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were no referrals.
(7) Oral communications
None were presented.
(8) 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 October 13, 1999, were accepted, with Item 7b(5)(a) heard under Item 9h. Vote: 11-0-0-0.
7c Report of the Finance and Technology Committee – October 13, 1999
Council Member Woody, Chair
Documents filed: Finance and Technology Committee minutes of October 13, 1999.
(1) Monthly Investment Report for August 1999. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated September 23, 1999, transmitting said report and recommending acceptance.
The Committee accepted the report.
(2) Monthly Financial Report for August 1999. Memorandum from Budget Director Larry D. Lisenbee, dated October 5, 1999, transmitting said report and recommending acceptance.
The Committee accepted the report, with direction to Staff to bring back a status report, including a timeline and options on streamlining the City’s recruiting and hiring process, and that a review of the Parks Process also be brought back at mid-year.
(3) Investment Committee Minutes for September. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated September 29, 1999 submitting said Committee Minutes and recommending acceptance.
The Committee accepted the report.
(4) Oral petitions
None presented.
(5) Adjournment
The meeting was adjourned at 9:30 a.m.
Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member Dando, and unanimously carried, the Finance and Technology Committee report and actions of October 13, 1999, were accepted. Vote: 11-0-0-0.
7e Report of the Transportation and Environment Committee – October 14, 1999
Documents filed: Transportation and Environment Committee report of October 14, 1999.
(1) Consent Calendar
There were no Consent Calendar items.
(2) Report on a Proposal to Establish a Disposal Surcharge of $1.50 Per Ton as a Permanent Funding Source for the Santa Clara County Household Hazardous Waste Program. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated October 1, 1999, submitting said report.
The Committee accepted the report.
(3) Report and Recommendations for Transportation Level of Service in the Edenvale Industrial Area. Memorandum from Director of Public Works, Ralph A. Qualls, Jr., and from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 6, 1999, recommending acceptance of the report and recommendations.
The Committee recommended acceptance of the Staff report and recommendations for: (1) The formation of an Area Development Policy for the Edenvale Industrial Area, and (2) Referral of the Edenvale Industrial Area Development Policy to the 1999 General Plan Annual Review process.
See Item 9i for Council action taken.
(4) Oral petitions
None presented.
(5) Adjournment
The meeting was adjourned at 3:02 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member LeZotte, and unanimously carried, the Transportation and Environment Committee report and actions of October 14, 1999, were accepted, with Item 7e(3) heard under Item 9i. Vote: 11-0-0-0.
GENERAL GOVERNMENT
9a Approval of a third amendment to extend the airline operating agreement and terminal building lease with America West Airlines, Inc. for a month-to-month term commencing November 1, 1999 to October 31, 2004, with an approximate annual revenue to the City in the amount of $448,000. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated October 6, 1999, recommending approval of a third amendment with America West Airlines, Inc.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the third amendment with America West Airlines, Inc. was approved and its execution authorized. Vote: 11-0-0-0.
9b Direction to the Administration to continue development of the Request for Proposal (RFP) for the 2002 Recycle Plus Program. (Environmental Services)
Documents filed: None.
Discussion/Action: This item was deferred to November 9, 1999.
9c Approval of the option to purchase additional filter media from ERS Industrial Services at a total cost not to exceed $475,000, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 30, 1999, recommending approval of said option to purchase additional filter media from ERS Industrial Services and authorization for the Director of General Services to execute the purchase order.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the option to purchase additional filter media from ERS Industrial Services was approved and the Director of General Services authorized to execute the purchase order. Vote: 11-0-0-0.
9d Report on bids and award of contract for the Walnut Woods Area Site Improvements Project to the lowest responsive bidder. (Planning, Building and Code Enforcement)
Documents filed: None.
Discussion/Action: This item was deferred to November 2, 1999.
9e Approval of the fourth amendment to the
agreement with PB Aviation, Inc. for the program management, construction
management, and runway design for the Airport Master Plan, to increase the
compensation in the amount of $5,800,000, for a total agreement amount of
$10,500,000, and an agreement extension from February 1, 2000 to February 1,
2001. (Airport/Public Works)
Documents filed: None.
Discussion/Action: This item was deferred to November 2, 1999.
9f Report on bids and award of contract for the
Olinder Playground Renovation Project to the low bidder, Lone Star Landscape,
Inc., to include the Base Bid and Add Alternate Nos. 1, 2, and 3 in the amount
of $330,500, and approval of a contingency in the amount of $30,000. CEQA:
Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated October 6, 1999, recommending award of said contract to the low bidder, Lone Star Landscape, Inc.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the report on bids and award of said contract to the low bidder, Lone Star Landscape, Inc., and said contingency, were approved. Vote: 11-0-0-0.
9g Report on bids and award of contract for the McLaughlin Park
Phase 2 re-bid to the bidder, Boulder Rock Landscape Construction, in
the amount of $458,167, and a contingency in the amount of $35,000.
CEQA: ND. (Public Works)
Documents filed: None.
Discussion/Action: This item was deferred to November 2, 1999.
9h Approval of an ordinance amending Sections 2.08.2510, 2.08.2520, and 2.08.2540 of Chapter 2.08 of Title 2 of the San José Municipal Code to reduce the number of members on the Commission on Disadvantaged Business Development.
[Rules Committee referral 10/13/99 – 7b(5)(a)]
Documents filed: See Item 7b(5)(a) for documents filed.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Fiscalini, and unanimously carried, Ordinance No. 25978, entitled: “An Ordinance of the City of San José Amending Sections 2.08.2510, 2.08.2520, and 2.08.2540 of Chapter 2.08 of Title 2 of the San José Municipal Code to Reduce the Number of Members on the Commission on Disadvantaged Business Development”, was passed for publication. Vote: 11-0-0-0.
9i Report and Recommendations for Transportation Level of Service in the Edenvale Industrial Area.
[Transportation and Environment Committee referral 10/14/99 – item 7e(3)]
Documents filed: See Items 7e(3) for documents filed.
Discussion/Action: The cross-reference to the General Government section of the Agenda for Council Discussion was dropped and the item was heard with Item 7e(3) with the Transportation and Environment Committee report.
9j Reaffirm the City’s FY 1999-2000 Overall Disadvantaged Business Enterprise (DBE) Program goals for projects that receive U.S. Department of Transportation funding. (Equality Assurance)
(Rules Committee referral 10/20/99)
Documents filed: (1) Memorandum from Director of the Office of Equality Assurance, Nina S. Grayson, dated October 21, 1999, recommending Council approve the reaffirmation of the City’s FY 1999-2000 Overall Disadvantaged Business Enterprise (DBE) Program goals for projects that receive U.S. Department of Transportation funding. (2) Memorandum from Council Member Diaz, dated October 26, 1999, recommending Council: (A) Instruct Staff to derive a FY 2000-01 Disadvantaged Business Enterprise (DBE) Program Goal by: (i) Utilizing all methodologies offered by the U.S. Department of Transportation (DOT) which includes data sources, a bidder’s list, and a disparity study; (ii) Compare the percentage totals derived from utilization of each methodology, and submit to the DOT the methodology which reaps the highest percentage goal; (B) Instruct Staff to present to the Mayor and Council, for approval, the FY 2000-01 DBE Program Goal, at least one month prior to the deadline for submittal to the DOT; and (C) Instruct Staff to present to the City of San José Disadvantaged Business Development Commission, for review and comment, the FY 2000-01 DBE Program Goal, prior to presentation to the Mayor and Council.
Discussion/Action: Council Member Diaz stated that when this issue came to Council last month he was disappointed with the methodology used by Staff to establish the 6% DBE goal for Federal Aviation Administration projects and the 5% overall DBE goal for Federal Highway Administration projects which Staff had recommended for Council approval. He stated the methodology used was old, not progressive enough for a city as diverse as San José, and that different methodologies are being used by other agencies. However, since the recommended methodologies were adopted the previous month by Council, he requested Council support for his recommendations dated October 26, 1999, directing Staff to explore for next year’s DBE goal the other methodologies being reviewed by the Department of Transportation (DOT) and using the methodology which produces the highest percentage goal. He recommended the data be reported to Council in advance of the submittal deadline, after referral to the Disadvantaged Business Development Commission for review and comment, and that a disparity study be conducted. Mayor Gonzales stated he preferred not having a discussion today on the methodology, and suggested referring Council Member Diaz’s recommendations to Staff for review and report back to Council, including any costs involved, especially relating to a disparity study. Council Member Diaz moved approval of the Staff recommendations dated October 21, 1999, and referral to Staff of the recommendations in his amended Memorandum dated October 26, 1999, for review and report to Council. Director of the Office of Equality Assurance, Nina S. Grayson, deferred to the City Attorney’s Office on the issue of disparity and stated the data sources used were those specified in federal regulations, that the bidders’ list is mandated under the new regulations, and both items will be considered in next year’s calculations. Assistant City Attorney Bill Hughes advised that the City should reserve the disclosure of which methodology is selected and not pre-commit to what may be the highest percentage. He stated the standard should be the methodology that most accurately reflects the DBE minority-contracting situation as it exists in San José and advised against committing to the methodology corresponding to the highest percentage. Mayor Gonzales suggested the content of Council Member Diaz’s memorandum be referred for Staff analysis and report back to Council in thirty days. Upon motion by Council Member Diaz, seconded by Council Member Powers, and unanimously carried, the Staff recommendations dated October 21, 1999 were approved and Council Member Diaz’s recommendations dated October 26, 1999, were referred to Staff for report back in thirty days. Vote: 11-0-0-0.
ADJOURNMENT
The Council of the City of San José adjourned in memory of Police Officer Desmond J. Casey and of Herman Yee, both of whom lost their lives in the tragic crash of the Police Department helicopter.
Mayor Gonzales announced the City Council meeting will be adjourned in memory of the two individuals who died in the tragic helicopter crash yesterday. He expressed on behalf of the entire City Council their sorrow at the loss of both of these individuals, and especially one of the City’s police officers, Desmond J. Casey, a 10-year veteran of the Police Department, and Herman Yee, a licensed aviation mechanic who worked for Avis Helicopters. He relayed how in their final moments the two men exemplified the finest qualities of selfless public service by taking actions to prevent further loss of life and damage. He stated that Desmond Casey and Herman Yee are truly heroes and the City is in their debt for their dedication and service to the people of this community. To their families he offered on behalf of the City Council the City’s deepest sympathies; to their fellow officers and colleagues in the San José Police Department and at Aris Helicopters, their shared sense of loss from this tragic accident. To the community he asked everyone to remember and respect the memories of the two men, and as well, those who risk their lives on a daily basis to serve and protect the community. Mayor Gonzales led the City Council and the audience in a moment of silence in memory of Officer Desmond Casey and of Herman Yee.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK