MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, DECEMBER 7, 1999

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., Woody; Gonzales

Absent: Council Members: Diaz (excused).

Upon motion unanimously adopted, the City Council recessed to a Closed Session at 9:35 a.m. in Room 600 to (A) confer with Legal Counsel pertaining to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of BB&K Fremont Developers v. City of San José, et al.; Baccarat Fremont Developer, Inc. v. City of San José; Lampkin v. City of San José; and In re Mula.

By unanimous consent, Council reconvened from the Closed Session and recessed at 11:00 a.m. and reconvened at 1:32 p.m. in Council Chambers, City Hall.

Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr. (arrived at 1:50 p.m.), Woody; Gonzales

Absent: Council Members: None.

INVOCATION

Pastor O. Dace, Bible Way Christian Center, delivered the invocation. (Mayor)

PLEDGE OF ALLEGIANCE

Mayor Gonzales led in the Pledge of Allegiance.

ORDERS OF THE DAY

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

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 actions were taken as indicated. Vote 10-0-1-0. Absent: Shirakawa, Jr.

Minutes for Approval

6a(1) Regular Meeting of October 19, 1999

Documents Filed: Minutes of the regular meeting of October 19, 1999.

Discussion/Action: The Minutes were approved. Vote 10-0-1-0. Absent: Shirakawa, Jr.

6a(2) Regular Meeting of October 26, 1999

Documents Filed: Minutes of the regular meeting of October 26, 1999.

Discussion/Action: The Minutes were approved. Vote 10-0-1-0. Absent: Shirakawa, Jr.

6a(3) Joint City Council/Redevelopment Agency Meeting of October 26, 1999

Documents Filed: Minutes of the joint meeting of October 26, 1999.

Discussion/Action: The Minutes were approved. Vote 10-0-1-0. Absent: Shirakawa, Jr.

Ordinances for Final Adoption

6b(1) ORD. NO. 25981 – Rezones certain real property situated on both sides of Gold Street, northerly of Route 237. PDC 99-07-061

Documents Filed: Proof of publication of the title of Ordinance No. 25981 executed on November 16, 1999, submitted by the City Clerk.

Discussion/Action: Ordinance No. 25981 was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

6b(2) ORD. NO. 25985 – Rezones certain real property situated at the southwest corner of Moorpark Avenue and Boynton Avenue. PDC 99-04-030

Documents Filed: Proof of publication of the title of Ordinance No. 25985 executed on November 23, 1999, submitted by the City Clerk.

Discussion/Action: Ordinance No. 25985 was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

6b(3) ORD. NO. 25987 – Amends Chapter 2.08 of title 2 of the San José Municipal Code by adding a new Section 2.08.2020 to set forth rules relating to Civil Service Commission vacancies before expiration of a term of office, and adding a new Section 2.08.2030 to address absences from Commission meetings and hearings and removal of Civil Service Commissioners from office.

Documents Filed: Proof of publication of the title of Ordinance No. 25987 executed on November 30, 1999, submitted by the City Clerk.

Discussion/Action: Ordinance No. 25987 was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

Public Hearings Set by Council

6c(1) Adoption of a resolution initiating proceedings and setting a date for Council consideration of the reorganization of territory designated as Buena Vista No. 1 which involves the annexation to the City of San José of 38.0 acres of land, bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue, Meridian Avenue, and both sides of Buena Vista Avenue and the detachment of the same from the Sunol Sanitary District, Burbank Sanitary District, County Lighting District, and Central Fire District. CEQA: Resolution No. 65459.

(Planning, Building and Code Enforcement)

[Deferred from 8/3/99 – Item 6c(1) et al., and 10/19/99 – Item 6c(1)]

Documents Filed: None.

Discussion/Action: This item was deferred to February 1, 2000.

6c(2) Adoption of a resolution initiating proceedings and setting January 18, 2000 at 1:30 p.m. for a public hearing on the reorganization of territory designated as Story No. 51, which involves the annexation of 3.512 acres of land to the City of San José, located on the north side of Fleming Avenue, 50 feet westerly of Whipple Court, and the detachment of the same from the Central Fire Protection District, County Library Services Area No. 1, and County Lighting Service. CEQA: ND.

(Planning, Building and Code Enforcement)

Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated November 17, 1999, recommending placement of said action on the Consent Calendar of December 7, 1999 City Council Agenda.

Discussion/Action: Resolution No. 69237, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings On the Reorganization of Territory Designated as Story No. 51, Which Involves the Annexation of 3,512 Acres of Land to the City of San José, Located on the North Side of Fleming Avenue, 50 Feet Westerly of Whipple Court, and the Detachment of Same From the Central Fire Protection District, County Library Services Area No. 1, and County Lighting Service, and Setting a Public Hearing for January 18, 2000 at 1:30 p.m. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendation”, was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

6c(3) Adoption of a resolution initiating proceedings and setting January 18, 2000 at 1:30 p.m. for a public hearing on the reorganization of territory designated as McKee No. 117, which involves the annexation of 0.75 acre of land to the City of San José, located on the northwest corner of Kirk Avenue and Madeline Drive, and the detachment of the same from the Central Fire Protection District, County Library Services Area No. 1, and County Lighting Service. CEQA: Exempt.

(Planning, Building and Code Enforcement)

Discussion/Action: Resolution No. 69238, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings on the Reorganization of Territory Designated as McKee No. 117, Which Involves the Annexation of 0.75 Acre of Land to the City of San José, Located on the Northwest Corner of Kirk Avenue and Madeline Drive, and the Detachment of Same From the Central Fire Protection District, County Library Services Area No. 1, and County Lighting Service, and Setting a Public Hearing for January 18, 2000 at 1:30 p.m. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendation”, was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

Plans and Specifications

6d(1) TRACT NO. 9222 – Southwest corner of Monterey Road and Stauffer Blvd. – 1931 Monterey LLC (Developer) – 6 industrial lots. Adoption of resolutions approving the plans, final maps, and contract for Tract No. 9222. CEQA: Resolution No. 65657. District 7. (Public Works)

Documents Filed: None.

Discussion/Action: This item was deferred to December 14, 1999.

6d(2) TRACT NO. 9214 – West side of Radio Avenue 500 feet northerly of Curtner Avenue ELYSIAN FIELDS, LLC (Developer) – 6 single family detached residential units. Approval of a parkland agreement and adoption of resolutions approving the plans, final map, and contract for Tract No. 9214. CEQA: ND. District 6.

(Public Works)

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 30, 1999, recommending Council approve the parkland agreement and adopt said resolutions for Tract 9214.

Discussion/Action: The parkland agreement was approved and its execution authorized, and Resolution No. 69239, 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. 9214”; Resolution No. 69240, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9214”, and Resolution No. 69241, 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. 9214”; were adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

6d(3) TRACT NO. 9215 – Southeast corner of Los Gatos-Almaden Road and Union Avenue – LGA Associates (Developer) – 15 single family detached residential units. Approval of a parkland agreement and adoption of a resolution approving the final map for Tract No. 9215. CEQA: ND. District 9. (Public Works)

Discussion/Action: The parkland agreement was approved and its execution authorized, and Resolution No. 69242, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9215”, was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

6d(4) TRACT NO. 9224 – West side of King Road, north of Mabury Road – Greystone Homes, Inc. (Developer) – 90 single family detached residential units. Approval of a parkland agreement and adoption of resolutions approving the plans, final map, and contract for Tract No. 9224. CEQA: ND. District 4. (Public Works)

Discussion/Action: The parkland agreement was approved and its execution authorized, and Resolution No. 69243, 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. 9224”; Resolution No. 69244, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9224”, Resolution No. 69245, 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. 9224”, were adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

Contracts/Agreements

6e(1) Approval of a ninth amendment to the consultant agreement with TRA Architecture Engineering Planning, Ltd., for analytical services on the San José International Airport Master Plan Update, to extend the termination date to

June 30, 2000, and with no increase in compensation. (Airport)

Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 17, 1999, recommending Council approve the ninth amendment to said consultant services agreement.

Discussion/Action: The ninth amendment to the consultant services agreement with TRA Architecture Engineering Planning, Ltd. was approved and execution of the amendment authorized. Vote: 9-1-1-0. Noes: Chavez. Absent: Shirakawa, Jr.

6e(2) Approval of a sixth amendment to the consultant agreement with Environmental Science Associates, Inc. (ESA) for consultant services in conjunction with the preparation of environmental documentation for the San José International Airport Master Plan Update Project, extending the term of the agreement to June 30, 2000, and increasing compensation by $155,000, from $2,069,800 to $2,224,800. (Airport)

Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 17, 1999, recommending Council approve the sixth amendment to said consultant services agreement.

Discussion/Action: The sixth amendment to the consultant services agreement with Environmental Science Associates, Inc. was approved and execution of the amendment authorized. Vote: 9-1-1-0. Noes: Chavez. Absent: Shirakawa, Jr.

6e(3) Adoption of a resolution authorizing the City Attorney to negotiate and execute the fifth amendment to the consultant agreement with Castle Copy Service, Inc. for legal photocopy services, increasing compensation by $8,000, to a total not to exceed $58,000. (City Attorney’s Office)

Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated December 1, 1999, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 69246, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Fifth Amendment to the Agreement With Castle Copy Service, Inc. for Legal Photocopy Services, in an Additional Amount Not to Exceed $8,000, for Total Compensation Not to Exceed $58,000”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(4) Approval of a facility use agreement governing the use of the Convention Center, Civic Auditorium, and Parkside Hall for the Apple Worldwide Developers Conferences, from 2001 through 2005. (Conventions, Arts and Entertainment)

Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 17, 1999, recommending Council approve said agreement.

Discussion/Action: The facility use agreement for the conference was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(5) Approval of the second amendment to the agreement with Schaaf & Wheeler for customer retrofit design and construction management services in support of the South Bay Water Recycling Program, to increase compensation by $231,200, for a total amount not to exceed $1,364,200, and extending the term of the agreement by one (1) year, from December 15, 1999 to December 15, 2000. CEQA: Resolution No. 64667. (Environmental Services)

Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 17, 1999, recommending Council approve the second amendment to said agreement. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated November 19, 1999, recommending approval of the second amendment to said agreement with Schaaf & Wheeler.

Discussion/Action: The second amendment to the management services agreement with Schaaf & Wheeler was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(6) Approval of an agreement with The Salvation Army for redirecting reusable and recyclable materials from local landfills, in an amount not to exceed $139,500 for FY 1999-2000. (Environmental Services)

Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 17, 1999, recommending Council approve said recycling and reuse agreement.

Discussion/Action: The agreement with The Salvation Army was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(7) Approval of the fourth amendment to the agreement with Montgomery Watson, for program management services in support of the South Bay Water Recycling Program, to extend the term of the agreement by one (1) year, from December 15, 1999 to December 15, 2000, at no additional cost to the City. CEQA: Resolution No. 64667. (Environmental Services)

Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 17, 1999, recommending Council approve the fourth amendment to said agreement. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated November 19, 1999, recommending approval of the fourth amendment to said agreement with Montgomery Watson.

Discussion/Action: The fourth amendment to the management services agreement with Montgomery Watson was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(8) Approval of the amendments extending the construction completion date for the following South Bay Water retrofit construction grant agreements from July 31, 1999 to April 30, 2000, at no additional cost to the City:

(a) Villages Golf and Country Club.

(b) Oak Hill Funeral Home and Memorial Park.

(c) Franklin-McKinley School District.

(d) East Side Union High School District.

(e) San José/Evergreen Community College.

CEQA: Resolution No. 64667. (Environmental Services)

Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 17, 1999, recommending Council approve amendments to said grant agreements. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated November 19, 1999, recommending approval of the amendments to said construction grant agreements.

Discussion/Action: The amendments to the construction grant agreements with Villages Golf and Country Club, Oak Hill Funeral Home and Memorial Park, Franklin-McKinley School District, East Side Union High School District, and San José/Evergreen Community College were approved and execution of the amendments authorized.

Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(9) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 #18, 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 November 17, 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. 18 for FY 1999-2000 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(10) Report on bids and award of the purchase of one (1) 43,000-pound cab and chassis with sewer body for the Department of Streets and Traffic to the lowest responsive bidder, Garden State International, at a total cost of $196,147.22, including tax, and authorizing the Director of General Services to:

(a) Execute the purchase order for the immediate purchase of one (1) 43,000-pound cab and chassis with sewer body.

(b) Execute the purchase order for the additional units pursuant to the option 43,000-pound cab and chassis with sewer body unit at the same bid price, for one (1) year, without further Council action other than the appropriation of necessary funds.

(c) Approval of a contingency in the amount of $19,600 for unforeseen engineering requirements that may arise since the publication of the bid specifications.

(General Services)

Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated November 17, 1999, recommending Council accept the report on bids and award said contract to the lowest responsive bidder, and authorize the Director of General Services to execute said purchase orders.

Discussion/Action: The bid report was accepted and award of the purchase to Garden State International, the lowest responsive bidder, was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(11) Adoption of a resolution authorizing the Director of General Services to:

(a) Execute one (1)-year agreement, with two (2) one (1)-year options for renewal, with Thyssen Dover Elevator Inc. for elevator and escalator maintenance services for the period December 1, 1999 to November 30, 2000 for:

(1) The Airport Department in the amount of $85,440.

(2) The Department of Conventions, Arts and Entertainment in the amount of $47,880.

(3) Additionally, approval of $40,000 per year for Airport Department and $23,800 per year for Department of Conventions, Arts and Entertainment for unforeseen repairs or replacements.

(b) Exercise the options to renew the two (2) agreements adjusted each year based on the Consumer Price Index (CPI) and contingent upon Council appropriation of the funds thereto.

(General Services)

Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated November 17, 1999, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 69247, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Agreement for Elevator and Escalator Maintenance Services With Thyssen Elevator Services”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(12) Adoption of a resolution authorizing the City Manager, or his designee, to negotiate and execute an agreement with Mexican American Community Services Agency to provide youth employment services to youth exhibiting at-risk/high-risk behaviors, for the period November 1, 1999 to October 31, 2000, in the amount of $82,000. (Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 17, 1999, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 69248, entitled: “A Resolution of the Council of the City of San José Authorizing City Manager to Negotiate and Execute an Agreement With Mexican American Community Services Agency to Provide Youth Employment Services”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(13) Report on bids and award of a contract for the Construction of Wheelchair Ramps Project CP2000 to the low bidder, Vanguard Construction, Inc., for the construction of 168 wheelchair ramps at various locations throughout the City, in the amount of $175,443, and approval of a contingency amount of $18,000. CEQA: Exempt. (Public Works)

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 17, 1999, recommending Council accept the report on bids and award said contract to the low bidder.

Discussion/Action: The bid report was accepted and award of contract to Vanguard Construction, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(14) Approval of a continuation agreement for consultant services with Rajapan and Meyer Consulting Engineers, Inc., for the Almaden Boulevard Medians 1998 and East San Carlos Street Median Islands Project, for a contract extension from August 1, 1999 to January 31, 2000, at no additional cost to the City.

(Public Works)

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 17, 1999, recommending Council approve the continuation agreement for said services.

Discussion/Action: The continuation agreement with Rajapan and Meyer Consulting Engineers, Inc. was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(15) Approval of an agreement for consultant services with Tom Richman and Associates, Inc., for the Chynoweth and DeAnza Park Play Area Renovation Projects, in the amount of $73,000, and $6,000 for additional services, for a total agreement amount of $79,000. (Public Works)

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 17, 1999, recommending Council approve an agreement for said consultant services.

Discussion/Action: The consultant services agreement with Tom Richman and Associates, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(16) Report on bids and award of contract for the Tuers Yard and Muni Water Relocation (Revised) Project to the low bidder, Apex Construction Company, in the amount of $274,900, and approval of a contingency in the amount of $27,000. CEQA: Exempt. (Public Works)

Documents Filed: (1) Supplemental memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 29, 1999, noting the reason for the addendum and recommending Council accept the report on bids and award said contract to Apex Construction Company, the low bidder. (2) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 17, 1999, recommending Council accept the report on bids and award said contract.

Discussion/Action: The bid report was accepted and award of contract to Apex Construction Company, the low bidder, was approved and its execution authorized.

Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6e(17) Approval of Contract Change Order No. 1 with O’Grady Paving, Inc., for the removal and replacement of asphalt concrete pavement at various locations in the City, in the amount of $195,794, for a total contract amount of $1,409,544. CEQA: Exempt. (Streets and Traffic)

Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated November 17, 1999, recommending Council approve said contract change order with O’Grady Paving, Inc.

Discussion/Action: Contract Change Order No. 1 with O’Grady Paving, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

Routine Legislation

6f(1) Approval of an ordinance amending Chapter 3.36 of the San José Municipal Code to provide for plan-approved domestic relations orders in the Police and Fire Department Retirement Plan.

(Board of Administration for the Police and Fire Retirement Plan)

Documents Filed: Memorandum from Board of Administration for the Police and Fire Department Retirement Plan Secretary, Edward F. Overton, dated November 17, 1999, recommending Council approve said ordinance.

Discussion/Action: Ordinance No. 25989, entitled: “An Ordinance of the Council of the City of San José Amending Chapter 3.36 of Title 3 of the San José Municipal Code by Adding Section 3.36.740 and by Adding Part 17 to Provide for Plan-Approved Domestic Relations Orders in the Police and Fire Department Retirement Plan”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6f(2) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund, with a net impact to the Fund in the amount of $119,000 for several projects. (City Manager’s Office)

Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated November 17, 1999, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the City-Side Redevelopment Fund.

Discussion/Action: Ordinance No. 25990, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund With a Total Net Impact to the Fund of $119,000 for City Services Related to Certain Redevelopment Agency Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69249, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6f(3) Approval of an ordinance amending Sections 3.48.132 and 3.50.131 of the San José Municipal Code to clarify the requirements for postponement of distributions from the Deferred Compensation Plan and the PTC 457 Deferred Compensation Plan. (Deferred Compensation Advisory Committee)

Documents Filed: Memorandum from Deferred Compensation Advisory Committee Secretary Jay Castellano, dated November 17, 1999, recommending Council approve said ordinance.

Discussion/Action: Ordinance No. 25991, entitled: “An Ordinance of the City of San José Amending Section 3.48.132 of Chapter 3.48 and Section 3.50.131 of Chapter 3.50 of Title 3 of the San José Municipal Code to Clarify the Provisions of the Deferred Compensation Plans Regarding Postponement of Distributions”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6f(4) (a) Approval of an ordinance amending Sections 3.36.440 and 3.36.430 of the Police and Fire Plan to delete the requirement that the annual report include a list of persons receiving benefits and the amount paid and to add the list to the Plan’s record keeping requirements.

(b) Approval of an ordinance amending Sections 3.28.120 and 3.28.260 of the Federated Retirement System to delete the requirement that the annual report include a list of persons receiving benefits and the amount paid and to add the list to the system’s record keeping requirements.

(Federated and Police & Fire Retirement Boards)

Documents Filed: Memorandum from Federated and Police & Fire Retirement Board Secretary Edward F. Overton, dated November 17, 1999, recommending Council approve said ordinances.

Discussion/Action: Ordinance No. 25992, entitled: “An Ordinance of the City of San José Amending Sections 3.36.430 and 3.36.440 of Chapter 3.36 of Title 3 of the San José Municipal Code to Delete the Requirement That the Police and Fire Department Retirement Plan Annual Report Include the Names and of All Persons Receiving Benefits From the Plan and the Amount of Such Benefits Paid to Each Person, and to Add a Requirement That the Board Maintain Such Information”; and Ordinance No. 25993, entitled: “An Ordinance of the City of San José Amending Sections 3.28.120 and 3.28.260 of Chapter 3.28 of Title 3 of the San José Municipal Code to Delete the Requirement That the Federated City Employees Retirement System Annual Report Include the Names and of All Persons Receiving Benefits From the Plan and the Amount of Such Benefits Paid to Each Person, and to Add a Requirement That the Board Maintain Records of Such Information”, were passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6f(5) Approval of an ordinance amending Section 3.28.365 of the San José Municipal Code to provide the Federated Retirement Board the option of holding real estate through a 501 (c)(25) title holding corporation.

(Federated Retirement Board)

Documents Filed: Memorandum from Federated Retirement Board Secretary Edward F. Overton, dated November 17, 1999, recommending Council approve said ordinance.

Discussion/Action: Ordinance No. 25994, entitled: “An Ordinance of the City of San José Amending Section 3.28.365 of Chapter 3.28 of Title 3 of the San José Municipal Code

to Provide for the Holding of Real Estate in the Federated Retirement Fund Through

Title Holding Corporations”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

6f(6) Approval of an ordinance amending Section 4.24.015 of Chapter 4.24 of Title 4 of the San José Municipal Code to clarify settlement authority of the City Manager and the City Attorney for stipulated awards in workers’ compensation cases and to provide for reports to the City Council on an annual basis.

(City Attorney’s Office)

(Rules in Lieu 12/1/99)

Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated December 1, 1999, recommending Council approve said ordinance.

Discussion/Action: Ordinance No. 25995, entitled: “An Ordinance of the City of San José Amending Section 4.24.015 of Chapter 4.24 of Title 4 of the San José Municipal Code to Clarify Settlement Authority of the City Manager and the City Attorney for Stipulated Awards in Workers’ Compensation Cases and to Provide for Reports to the City Council on an Annual Basis”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

END OF CONSENT CALENDAR

COMMISSION, COMMITTEE, AND STANDING REPORTS

7a Report of the Committee of the Whole – Meeting of October 26, 1999

Documents Filed: Committee of the Whole Report of October 26, 1999, attaching a copy of the Staff presentation.

(1) Mission and Core Services of the Retirement Function

The Committee accepted the presentation that provided foundational information about the mission and core services of Retirement Services in preparation for recommendations on the Department’s structure.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the Committee of the Whole Report and actions of October 26, 1999 were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

7b Report of the Rules Committee - Meeting of November 17, 1999

Documents Filed: Rules Committee Report of November 17, 1999.

(1) Review November 30, 1999 Draft Agenda

Dropped – Meeting Cancelled.

(2) Add New Items to November 23, 1999 Amended Agenda.

The Committee recommended six additions to the November 23, 1999 City Council Agenda.

(3) Meeting Schedules

None Presented.

(4) The Public Record

No Public Record filed.

(5) Boards and Commissions.

(a) Advisory Commission on Rents. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated November 8, 1999, attaching the list of qualified applicants submitted by the Project Diversity Screening Committee for appointment to the Commission. (2) Memorandum from City Attorney, Joan R. Gallo, dated September 24, 1999, highlighting major areas of potential conflict that may be disclosed by the applications. (3) Memorandum from Council Member Woody, dated November 17, 1999, recommending applicants for the Advisory Commission on Rents and recommending the City Clerk readvertise for tenant representation to fill the vacancy on the Commission.

The Committee [1] recommended appointment of Surendra Amin as the neutral representative and Dawn Marie Hutchinson (Incumbent) as the Landlord representative for four-year terms ending December 31, 2003; and [2] directed the City Clerk to readvertise for the tenant position.

(b) Housing Advisory Commission. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated November 8, 1999, attaching the list of qualified applicants submitted by the Project Diversity Screening Committee for appointment to the Commission. (2) Memorandum from City Attorney, Joan R. Gallo, dated September 29, 1999, highlighting major areas of potential conflict that may be disclosed by the applications. (3) Memorandum from Council Member Diaz, dated November 15, 1999, submitting a list of candidates for the Human Rights Commission.

The Committee recommended appointment of Miriam Ayllon (Incumbent) and Stephen Sanger to fill four-year terms ending December 31, 2003.

(c) Human Rights Commission. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated November 8, 1999, attaching the list of qualified applicants submitted by the Project Diversity Screening Committee for appointment to the Commission. (2) Memorandum from City Attorney, Joan R. Gallo, dated September 27, 1999, highlighting major areas of potential conflict that may be disclosed by the applications. (3) Memorandum from Council Member Chavez, dated November 17, 1999, submitting a list of candidates for the Human Rights Commission.

The Committee [1] recommended appointment of Ignacio Enriquez, Herman Levy, Elizabeth Nielson, and Tommy Sin to four-year terms ending December 31, 2003; and [2] directed the City Clerk to readvertise for two vacant positions.

(d) Mobile Home Advisory Commission. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated November 8, 1999, noting the lack of qualified applicants for consideration and stating the Office of the City Clerk will readvertise to fill the vacancy.

The Committee directed the City Clerk to readvertise for the neutral position.

(e) Parks and Recreation Commission. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated November 8, 1999, attaching the list of qualified applicants submitted by the Project Diversity Screening Committee for appointment to the Commission. (2) Memorandum from City Attorney, Joan R. Gallo, dated September 24, 1999, highlighting major areas of potential conflict, which are disclosed by the applications. (3) Memorandum from Council Member Diquisto, dated November 15, 1999, submitting the name of a candidate for appointment to the parks and Recreation Commission.

The Committee recommended appointment of Francisco Valenzuela for an unexpired term ending June 30, 2001.

(6) Report back on request to amend the Sign Ordinance allowing A-Frame signs to be used in The Alameda and Willow Glen Neighborhood Business Districts. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated November 17, 1999, submitting a report on the amount of resources and administrative processes involved in amending the Sign Ordinance.

The Committee [1] directed the City Attorney to amend the Sign Ordinance to allow the use of A-Frame signs in The Alameda and Willow Glen Neighborhood Business Districts; and [2] directed the Administration to conduct a review of the impact of A-Frame signs in Neighborhood Business Districts throughout the City, using The Alameda and Willow Glen Districts as a pilot program.

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

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

None Presented.

(8) Oral communications

None Presented.

(9) Adjournment

The meeting was adjourned at 2:15 p.m.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Rules Committee Report and actions of

November 17, 1999 were accepted with Item 7b(6) acted upon at Item 9r. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

7b Report of the Rules Committee - Meeting of November 24, 1999

Documents Filed: Rules Committee Report of November 24, 1999.

(1) Review December 7, 1999 Draft Agenda

The Committee approved the December 7, 1999 City Council Agenda with six additions and two changes.

(2) Add New Items to November 30, 1999 Amended Agenda

Dropped – Meeting Cancelled.

(3) Meeting Schedules

(a) Approve City Council meeting schedule, January –August 1, 2000. Attachments: (1) Memorandum from Interim Council Liaison, Senior Executive Assistant Deanna Santana, dated November 19, 1999, recommending approval of the City Council Meeting Schedule for the period January through August 1, 2000. (2) Memorandum from Mayor Gonzales, dated November 23, 1999, recommending changes in the scheduled Budget Calendar deleting the November Five-Year Forecast, and that the budget forecast be presented to the Finance & Technology Committee during a regularly scheduled meeting in February 2000.

The Committee [1] approved the City Council Meeting Schedule for January through August 1, 2000; [2] deleted the November Five-Year Forecast and the Mayor’s November Budget message from the scheduled Budget Calendar; and [3] scheduled a Rules-In-Lieu meeting for December 1, 1999.

(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated November 18, 1999, listing the items transmitted to the Administration and the items filed for the Public Record for the period November 10-16, 1999.

The Committee noted and filed the Public Record for the period November 10-16, 1999.

(5) Report back on traffic signal at Camden and Ewer/Lencar. Attachments:

(1) Memorandum from Council Member Diquisto, dated November 22, 1999, recommending the discussion of the traffic signal installation at Camden and Ewer Way/Lencar Drive to be scheduled on Council Agenda in the early part of the year 2000. (2) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated November 18, 1999, recommending acceptance of the report with the Administration to (a) proceed with construction of a traffic signal at the intersection of Camden Avenue and Ewer Way/Lencar Drive; and (b) to solicit Council input on traffic signals being considered for construction prior to development of the Proposed Annual Traffic Capital Improvement Program.

The Committee approved the report from Wayne Tanda, Director of Streets and Traffic, and deferred reporting out this item to the February 1, 2000 evening Council meeting.

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

None Presented.

(7) Oral communications

None Presented.

(8) Adjournment

The meeting was adjourned at 2:15 p.m.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the Rules Committee Report and actions of November 24, 1999 were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

7d Report of the Economic and Community Development Committee – Meeting of December 6, 1999 (Partial)

Documents Filed: Economic and Community Development Committee Report of December 6, 1999 (Partial).

(6) Recommendation to Amend the Mobilehome Rent Ordinance to Provide Alternative Procedures for Calculation of Base Year Net Operating Income (Referred by Council September 21, 1999). Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, and City Attorney Joan R. Gallo, dated November 22, 1999, recommending the Committee review and recommend approval of an ordinance amending the San José Municipal Code to provide alternative procedures for calculation of Base Year Net Operating Income.

The Committee recommended deferral of the Mobilehome Rent Ordinance to the Economic and Community Development Committee’s meeting of March 6, 2000 and that the issue be reported out to Council, as scheduled, on March 21, 2000.

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

Council Member Shirakawa, Jr. entered Council Chambers at 1:50 p.m.

7e Report of the Transportation and Environment Committee – Meeting of

November 18, 1999

Documents Filed: Transportation and Environment Committee Report of November 18, 1999.

(1) Consent Calendar

(a) Status Report on Rental Car Operations at the Airport. Attachment: Memorandum from Director of Aviation, Ralph G. Tonseth, dated November 4, 1999, recommending acceptance of the status report on rental car operations at San José International Airport.

The Committee accepted the status report.

(2) Report on Airport Transportation Access Plan. Attachments: (1) Supplemental memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 18, 1999, transmitting a pamphlet that provides additional background information on the SJIA Airport Terminal Concept and Transportation Access Plan relating to the progress of the study and the key components of the Plan, which are relevant to this issue. (2) Memorandum from Director of Public Works Ralph A. Qualls, Jr., and Director of Aviation Ralph G. Tonseth, dated November 4, 1999, recommending (a) adoption of the Preliminary Schedule for the Airport Transportation Access Plan Improvements, and (b) adoption of a finding that the preferred Transit Connection to the Airport should include an Automated People Mover component, subject to the concurrence of the Valley Transportation Authority Board and the Federal Aviation Administration.

The Committee recommended (a) adoption of the Preliminary Schedule for the Airport Transportation Access Plan improvements; and (b) adoption of the finding that the Preferred Transit Connection to the Airport should include an Automated People Mover (APM) component, subject to the concurrence of the Valley Transportation Authority Board and the Federal Aviation Administration.

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

(3) Report and Recommendations: Cool Communities and Procurement of “Green” Electricity. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 4, 1999, submitting a report and recommendation that Council authorize the City Manager or his designee to host a workshop on the “Cool Communities” concept, to share and gather information about the potential program, and authorize the City Manager or his designee to further investigate the feasibility of the procurement of “green” electricity for City accounts, including the solicitation of bids if appropriate.

The Committee accepted the report and recommendations (a) to authorize the City Manager or his designee to host a workshop on the “Cool Communities” concept, to share and gather information about this potential program, and to refer this item to the Green Committee; (b) to authorize the City Manager or his designee to further investigate the feasibility of the procurement of “green” electricity for City accounts, including the solicitation of bids, if appropriate; and (c) to provide a workplan to do education for Public Outreach.

(4) Report and Approval of City Transportation Priorities for Valley Transportation Plan 2020. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 5, 1999, recommending approval of City transportation priorities for Valley Transportation Plan 2020.

The Committee recommended approval of the City Transportation priorities for Valley Transportation Plan 2020.

(5) Report and Recommendation on Priority Designation for Montague Expressway Improvements. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 8, 1999, recommending adoption of a resolution designating funding priority for Montague Expressway Improvements.

The Committee accepted the report and forwarded it to Council for adoption of a resolution designating funding priority for Montague Expressway Improvements.

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

(6) Report on Proposed Draft Area Development Policy for the Edenvale Industrial Area. Attachment: Memorandum from Director of Public Works Ralph A. Qualls, Jr., and Director of Planning, Building and Code Enforcement James R. Derryberry,