The Council of the City of San Jose convened in regular session at 9:00 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Upon motion unanimously adopted, the
City Council recessed to a Closed Session at 9:10 a.m. in Room 600 (A) for the
purpose of conducting Public Employment/Public Employee Appointment of City
Attorney pursuant to Government Code Section 54957; and (B) to confer with
Labor Negotiator pursuant to Government Code Section 54957.6 involving City
Negotiator–City Manager designee Alex Gurza, and (1) the San José Police
Officers’ Association and International Association of Firefighters and (2) the
City Association of Management Personnel Employee Organizations.
By unanimous consent, City Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 12:23 p.m. in Joint Session with the Santa Clara County Board of Supervisors and the San José Redevelopment Agency Board of Directors in Chambers of the Santa Clara County Board of Supervisors, County Government Center, East Wing, 70 West Hedding Street, San José, CA.
Present: City Council/Redevelopment Agency Board Members Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: None.
Present: Board of Supervisors Gage, Alvarado, Beall, Jr., Simitian; McHugh.
Absent: Council Members: None.
9ee Adoption
of resolutions by the City Council and the Redevelopment Agency Board approving
a plan for cooperation among the County of Santa Clara, the City of San José,
and the Redevelopment Agency of the City of San José.
(Rules
Committee referral 12/8/99)
Documents Filed: Memorandum from Ron Gonzales, Mayor and Redevelopment Agency Board Chair, and Pete McHugh, Chair, Board of Supervisors, dated December 8, 1999, recommending adoption of said resolutions.
Discussion/Action: Pete McHugh, Chair of the Board of Supervisors, welcomed all to the Joint Session of the City Council, Redevelopment Agency Board, and the Board of Supervisors. He stated the legislative bodies are meeting today to endorse and adopt a resolution that reflects a newfound spirit of collaboration and partnership between the agencies. He stated the resolution incorporates a three-part framework that includes Section 1–Goals that promote ongoing communication and encouragement of collaboration and partnering among the entities and the creation of mechanisms to ensure the continuing cooperation extends throughout elected and appointed leadership of each organization; Section II-The Work Plan which addresses current items of mutual interest and requires progress reports to be submitted to the respective Boards in April 2000; Section III-Ongoing Process of communication that includes a joint meeting of the Board of Supervisors, Redevelopment Agency Board, and the City Council to be held annually, 4 meetings annually for the Appointed Leadership Group, and 6 Standing Staff Committees that will meet bimonthly beginning April 2000; and Section IV-Provides for a Performance Evaluation for the Appointed Leadership and includes a category of “Working Collaboratively With the Respective Agencies”. From the unique perspective as a former member of the County Board of Supervisors and now as Mayor of the City of San José, Mayor Gonzales acknowledged the appropriateness of the agreement for local government, in particular, the two largest government agencies in the Santa Clara County region acting collaboratively as partners for the good of all the constituents. With the ratification of the agreement, he stated the agencies would continue to focus on achieving results, on problem solving and situations and solutions that work, and on communication. On behalf of the City Council and the Redevelopment Agency Board of Directors, he acknowledged the hard work of Chairman of the Board Pete McHugh, Supervisor Donald F. Gage, Vice Mayor Frank Fiscalini, County Executive Richard Wittenberg, County Counsel Ann Ravel, City Manager Del Borgsdorf, Assistant City Manager Debra Figone, Redevelopment Agency Executive Director Susan F. Shick, Interim Executive Director Richard Rios, City Attorney Joan R. Gallo, Clerk of the Board Phyllis A. Perez, City Clerk Patricia L. O’Hearn, and their staffs for their commitment to the entire effort. Roy Stephens spoke on issues affecting the homeless population in Santa Clara County; Ross Signorino commented on the adverse affect of property taxes in the Downtown area of San Jose; and William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council/Board Member Powers and unanimously carried, Resolution No. 69262, entitled: “A Resolution of the Council of the City of San José Approving a Plan for Cooperation Among the County of Santa Clara, the City of San Jose, and the Redevelopment Agency of the City of San José”; and Redevelopment Agency Board Resolution No. 4875, approving a plan for cooperation among the County of Santa Clara and the City of San José”, were adopted.
Vote: 11-0-0-0.
RECESS/RECONVENE
Upon motion unanimously adopted, the City Council recessed at 12:40 p.m. and reconvened in Regular Session at 1:30 p.m., Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz (entered the meeting at 2:45 p.m.), Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Woody; Gonzales
Absent: Council Members: None.
INVOCATION
Under the direction of Choral Director Shawna Fleming, the Yerba Buena High School Choir performed a medley of Yuletide carols. (Mayor)
PLEDGE
OF ALLEGIANCE
Mayor Gonzales led in 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, including findings to consider item 8f, and the Amended Agenda were approved. Vote 10-0-1-0. Absent: Diaz.
CEREMONIAL ITEMS
5a Presentation
of plaques to Emily Kane for 3 years service on the Youth Commission, to Mary
Ly for 2 years 7 months service on the Youth Commission, and to Zaida Ramos for
1 year 1 month service on the Youth Commission. (Mayor)
Documents Filed: None.
Discussion/Action: The plaques will be mailed to each honoree, as the Youth Commissioners were unable to attend the meeting.
5b Presentation
of awards honoring San José Police Officers and citizens of San José. (Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated December 8, 1999, submitting the nominations for awards to be presented by the City Council.
Discussion/Action: Joined by Mayor Gonzales and Police Chief Lansdowne at the Podium, Police Lt. Linda J. Torres welcomed the honorees and their families and friends, and Mayor Gonzales and Police Chief Lansdowne presented the following awards: Medal of Valor to Retired Police Officer Louis Balesteri and Police Officer Michael Bowman; Hazardous Duty Award to Police Officers Christopher Buell, Mark Freitas, Allison Proft, Christopher Proft, Joseph Stewart, Steve Payne, and Greg Lombardo; Outstanding Police Duty Award to Police Officers Ron Deloach and Wendell Rose; William P. Poelle Life Saving Award to Police Officer William Mason; and the Simpson-Silva Citizen Award to Dr. John Patterson. On behalf of the City Council, Mayor Gonzales expressed appreciation to the men and women of the San José Police Department and the community for their heroic actions, and their willingness to risk their personal safety for the safety and protection of others. All guests were asked to stand and be recognized.
5c Presentation
of commendations to the contributors to the San Jose Sports Hall of Fame
Induction Ceremony. (Mayor)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Rick Sanchez accepted the commendation on behalf of the San José Sports Hall of Fame Board of Directors and presented to Mayor Gonzales a memento from the 1999 Hall of Fame function. Mayor Gonzales introduced Members of the Board of Directors: Adrian Cibilich, Bill Clayton, Karen Danna, Greaghe Gordon, Mary Ellen Ittner, Amy Love, and Frank Slaton; from the San José Arena Management/San José Sharks Frank Jirik; San José Sports Authority Executive Director Dean Munro; San José Arena Authority Executive Director Chris Morrisey; and representing Arthur Andersen, the presenting sponsor, Eric Walczykowski. Mayor Gonzales stated the representative from Special Olympics was unable to attend today’s ceremonies.
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: Diaz.
6a(1) Regular
Meeting of November 2, 1999
Documents Filed: The minutes of the regular meeting of November 2, 1999.
Discussion/Action: The Minutes were approved. Vote 10-0-1-0. Absent: Diaz.
Ordinances for Final Adoption
6b(1) ORD.
NO. 25989 – Amends 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.
Documents
Filed: Proof of Publication of the
title of Ordinance No. 25989 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 25989 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(2) ORD.
NO. 25991 – Amends 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.
Documents
Filed: Proof of Publication of the
title of Ordinance No. 25991 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 25991 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(3) ORD.
NO. 25992 – Amends 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 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.
Documents
Filed: Proof of Publication of the
title of Ordinance No. 25992 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 25992 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(4) ORD.
NO. 25993 – Amends 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 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.
Documents
Filed: Proof of Publication of the
title of Ordinance No. 25993 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 25993 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(5) ORD.
NO. 25994 – Amends 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.
Documents
Filed: Proof of Publication of the
title of Ordinance No. 25994 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 25994 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(6) ORD.
NO. 25995 – Amends 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.
Documents Filed: Proof of Publication of the title of Ordinance No. 25995 executed on December 10, 1999, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25995 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(7) ORD.
NO. 25996 – Amends Chapter 17.22 of Title 17 of the San José Municipal
Code, the Mobilehome Rent Regulations, to add Sections 17.22.030, 17.22.495,
and 17.22.815 to provide for alternative base year procedures and to repeal
Ordinance No. 25958.
Documents
Filed: Proof of Publication of the
title of Ordinance No. 25996 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 25996 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(8) ORD.
NO. 25997 – Amends Section 23.04.830 of Chapter 23.04 of Title 23 of the
San José Municipal Code to allow temporary A-frame signs in the public
right-of-way in the Willow Glen and Alameda Neighborhood Business Districts.
Documents
Filed: Proof of Publication of the
title of Ordinance No. 25997 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 25997 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(9) ORD.
NO. 25998 – Adopts the second amendment to the Civic Plaza Redevelopment
Plan to remove tax increment collection within the project area.
Documents Filed: Proof of Publication of the title of Ordinance No. 25998 executed on December 10, 1999, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25998 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(10) ORD.
NO. 25999 – Adopts the eighth amendment to the West San Carlos Street
Redevelopment Plan, to extend the date after which redevelopment activity shall
terminate in the San Carlos Street Redevelopment Project Area from June 30,
2001 to December 31, 2010.
Documents
Filed: Proof of Publication of the
title of Ordinance No. 25999 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 25999 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(11) ORD.
NO. 26000 – Rezones certain real property located at the East Side of
Murillo Avenue, 300 feet northerly of Villa Vista Road. PDCSH 99-06-057
Documents
Filed: Proof of Publication of the
title of Ordinance No. 26000 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 26000 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(12) ORD.
NO. 26001 – Rezones certain real property situated at the West Side of
South 23rd Street, 86 feet southerly of East Santa Clara Street. PDC
99-01-004
Documents
Filed: Proof of Publication of the
title of Ordinance No. 26001 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 26001 was adopted. Vote 10-0-1-0. Absent: Diaz.
6b(13) ORD.
NO. 26002 – Rezones certain real property situated at the West Side of
Cahalan Avenue, 100 feet southerly of Dailey Avenue. PDC 99-06-049
Documents
Filed: Proof of Publication of the
title of Ordinance No. 26002 executed on December 10, 1999, submitted by the
City Clerk.
Discussion/Action: Ordinance No. 26002 was adopted. Vote 10-0-1-0. Absent: Diaz.
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)
[Deferred from 12/7/99 – Item 6d(1)]
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 17, 1999, recommending Council adopt said resolutions for Tract No. 9222.
Discussion/Action: Resolution No. 69263, 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. 9222”; Resolution No. 69264, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9222”, and Resolution No. 69265, 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. 9222”, were adopted. Vote 10-0-1-0. Absent: Diaz.
6d(2) TRACT
NO. 9185 – East side of San Felipe Road, 2000 feet south of The Villages
Parkway – Braddock and Logan Group, II, LP, a California Limited Partnership
(Developer) – 10 single family attached/detached residential units. Approval of
a parkland agreement and adoption of resolutions approving the plans, final
map, contract, and water main extension for Tract No. 9185. CEQA: ND. District 8. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated December 7, 1999, recommending Council approve a parkland agreement and adopt said resolutions for Tract No. 9185.
Discussion/Action: The parkland agreement with the Braddock and Logan Group was approved, and its execution authorized; Resolution No. 69266, 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. 9185”; Resolution No. 69267, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No.9185”, Resolution No. 69268, 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. 9185”; and Resolution No. 69269, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract N. 9185”, were adopted. Vote 10-0-1-0. Absent: Diaz.
6d(3) TRACT
NO. 9207 – East side of Almaden Road opposite Barns Lane – Ali Fatapour and
Mahmoud Sanatkhani (Developer) – 5 single family detached residential units.
Approval of a parkland agreement and adoption of resolutions approving the
plans, final map, and contract for Tract No. 9207. CEQA: Resolution No. 65459.
District 10. (Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred to January 11, 2000.
6d(4) TRACT
NO. 9209 – Northwest corner of Jacksol Drive and Faircrest Drive –
Summerhill Jacksol LTD, a California Limited Partnership (Developer) – 47
single family detached residential units. Approval of a parkland agreement and
adoption of resolutions approving the plans, final map, and contract for Tract
No. 9209. CEQA: ND. District 9.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated December 7, 1999, recommending Council approve a parkland agreement and adopt said resolutions for Tract No. 9209.
Discussion/Action: The parkland agreement with Summerhill Jacksol LTD was approved and its execution authorized; and Resolution No. 69270, 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. 9209”; Resolution No. 69271, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9209”, and Resolution No. 69272 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. 9209”, were adopted. Vote 10-0-1-0. Absent: Diaz.
6d(5) TRACT
NO. 9223 – South side of Fowler Road, 100 feet west of Middle Park Drive –
Standard Pacific of Northern California, a Division of Standard Pacific
Corporation, a Delaware Corporation. Approval of a parkland agreement and
adoption of resolutions approving the plans, final map, contract, and water
main extension agreement for Tract No. 9223. CEQA: ND. District 8.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated December 7, 1999, recommending Council approve a parkland agreement and adopt said resolutions for Tract No. 9223.
Discussion/Action: The parkland agreement with Standard Pacific of Northern California was approved and its execution authorized; and Resolution No. 69273, 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. 9223”; Resolution No. 69274, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9223”; Resolution No. 69275, 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. 9223”; and Resolution No. 69276, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract No. 9223”, were adopted. Vote 10-0-1-0. Absent: Diaz.
Contracts/Agreements
6e(1) Adoption
of a resolution authorizing the City Attorney to negotiate and execute second
amendments to the provider agreements with Gardner Family Health Network, Inc.
and the County of Santa Clara for participation in the Municipal Health
Services Program, extending the term through June 30, 2001.
(City Attorney’s Office)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated December 9, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69277, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute Second Amendments to Provider Agreements With Gardner Family Health Network, Inc. and the County of Santa Clara for Participation in the San José Municipal Health Services Program, to Extend the Term Through June 30, 2001”, was adopted. Vote 10-0-1-0. Absent: Diaz.
6e(2) Approval
of an agreement for legal services related to the Airport with Shaw Pittman, in
an amount not to exceed $150,000. (City Attorney’s Office)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated November 23, 1999, recommending Council approve said agreement.
Discussion/Action: The legal services agreement with Shaw Pittman was approved and execution of the agreement authorized. Vote 10-0-1-0. Absent: Diaz.
6e(3) Approval
of a continuation agreement for legal services related to the Airport with
Gatzke, Dillon and Ballance, to extend the term of the agreement through November
30, 2000, at no additional cost to the City. (City Attorney’s Office)
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated November 29, 1999, recommending Council approve said agreement.
Discussion/Action: The continuation agreement with Gatzke, Dillon and Ballance was approved and execution of the agreement authorized. Vote 10-0-1-0. Absent: Diaz.
6e(4) Approval
of award of open purchase orders for supplies, materials, equipment, and
services for FY 1999-2000 #19, 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 22, 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. 19 for FY 1999-2000 was approved and execution of the purchase orders authorized. Vote 10-0-1-0. Absent: Diaz.
6e(5) Approval
to reject all bids for the purchase of one (1) articulated four-wheel drive
loader for the Streets and Traffic Department, and authorization for the
Director of General Services to re-solicit bids. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated November 22, 1999, recommending Council approve Staff recommendation.
Discussion/Action: The rejection of the bids was approved and authorization granted to resolicit the bids for the loader. Vote 10-0-1-0. Absent: Diaz.
6e(6) (a) Report on bids
and award the purchase of three (3) 6200 pound GVWR pickup trucks to the lowest
responsive bidder, Mission Valley Ford, at a total cost of $74,904.00,
including tax, and authorize the Director of General Services to:
(1) Execute the purchase order for the
immediate purchase of three (3) 6200-pound pickup trucks.
(2) Execute the purchase order for the
additional units pursuant to the option 6200 pound pickups at the same bid
price, for one (1) year, without further Council action other than the
appropriation of necessary funds.
6e(6) (b) Report on bids
and award the purchase of one (1) 6600 pound GVWR pickup truck to the lowest
responsive bidder, S & C Ford, at a total cost of $20,072.94, including
tax, and authorize the Director of General Services to:
(1) Execute the purchase order for the
immediate purchase of one (1) 6600-pound pickup truck.
(2) Execute the purchase order for the
additional units pursuant to the option 6600 pound pickup trucks at the same
bid price, for one (1) year, without further Council action other than the
appropriation of necessary funds.
(c) Report on bids and award the purchase of
seven (7) 7700-pound GVWR pickup trucks to the low bidder, Lasher Auto, at a
total cost of $147,426.60, including tax, and authorize the Director of General
Services to:
(1) Execute the purchase order for the
immediate purchase of seven (7) 7700-pound GVWR pickup trucks.
(2) Execute the purchase order for the
additional units pursuant to the option 7700 pound pickup trucks at the same
bid price, for one (1) year, without further Council action other than the
appropriation of necessary funds.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated November 22, 1999, recommending Council accept the bid reports and award the purchases to said bidders, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: the bid reports were accepted, award of purchases to the lowest responsive bidders Mission Valley Ford and S & C Ford, and to the low bidder Lasher Auto, was approved, and execution of the purchase orders authorized. Vote 10-0-1-0. Absent: Diaz.
6e(7) (a) Adoption of a resolution authorizing the
City Manager to execute a forth amendment with PRC Public Management Services,
Inc., for additional services for the conversion of Computer Aided Dispatch
Geofile format to a Tiburon Geofile format for the Automated Information
Systems Project, at an additional cost of $14,029, including tax, for a total
cost of $2,022,464. (General Services)
(b) Adoption of a resolution amending Resolution No. 68655, to allow the usage of contingency funds currently authorized for the contract with TRW to be used for change orders, approved by the City Manager or his designee, with any of the Automated Information System (AIS) contractors for the Police AIS. (Information Technology)
Documents Filed: Memoranda from Director of General Services, Steve S. Yoshino, each dated November 22, 1999, recommending Council adopt said resolutions.
Discussion/Action: Resolution No. 69278, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Fourth Amendment to the Agreement With PRC Public Management Services, Inc. for Conversion of Computer Aided Dispatch Geofile Format”; and Resolution No. 69279, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68655 Authorizing the City Manager Use the Previously Approved Contingency Funds to Approve and Execute Change Orders With Any of the Contractors for the Police Automated Information System”, were adopted. Vote 10-0-1-0. Absent: Diaz.
6e(8) Adoption
of appropriation ordinance and funding sources resolution amendments in the
General Fund in the amount of $52,000 for the Grace Baptist Community Center
and adoption of a resolution authorizing the City Manager to negotiate and
execute an agreement with the County of Santa Clara for providing the City’s
adult therapeutic programs offered at Grace Baptist Community Center.
(Parks, Recreation and Neighborhood Services/City Manager’s Office)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, and Budget Director Larry D. Lisenbee, dated November 22, 1999, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Ordinance No. 26003, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Amount of $52,000 for the Grace Baptist Community Center Survivor’s Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69280, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With the County of Santa Clara for the City’s Adult Therapeutic Programs Offered at the City’s Facility at Grace Baptist Community Center, for the Term July 1, 1999 Through June 30, 2000, for a Base Reimbursement to the City in An Amount Not Less Than $208,000 and Possible Additional Medi-Cal Reimbursements”; and Resolution No. 69280.1, 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 General Fund”, were adopted. Vote 10-0-1-0. Absent: Diaz.
6e(9) Approval of Contract Change Order No. 1 with Cooke Pipeline Rehabilitation, Inc., for the King-San Antonio Sanitary Rehabilitation Project, in the amount of $79,117, and a $20,000 contingency increase, for a total contract amount of $768,088, and total contingency amount of $89,000. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 22, 1999, recommending Council approve said contract change order.
Discussion/Action: Contract Change Order No. 1 with Cooke Pipeline Rehabilitation, Inc., was approved and its execution authorized. Vote 10-0-1-0. Absent: Diaz.
6e(10) Approval
of renewal of lease agreement with Cornerstone Properties II, LLC for 14,786 of
usable square feet of office space for the Department of Streets and Traffic,
identified as 4 North 2nd Street, 10th floor, at a cost
of $38,466 per month during the first year, $40,175.60 per month the second
year, $41,885.20 per month the third year, $43,594 per month the fourth year,
and $45,304.40 per month the fifth year. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated November 22, 1999, recommending Council approve renewal of said lease agreement.
Discussion/Action: The renewal of the lease agreement with Cornerstone Properties II was approved and execution of the lease authorized. Vote 10-0-1-0. Absent: Diaz.
6e(11) Approval
of the first amendment to the agreement with Richard Meier & Partners,
Architects, for architectural services for the New San José Civic Center Project,
to extend the term of the agreement from December 31, 1999 to June 30, 2000, at
no cost to the City. (Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred to January 11, 2000.
6e(12) Approval
of a second amendment to the agreement with Minh Le for leadership development
services for the Department of Streets and Traffic, increasing compensation by
$59,000, from $68,850 to $127,850, and extending the term of the agreement by
eight (8) months, from December 31, 1999 to August 31, 2000. (Streets and
Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated November 22, 1999, recommending Council approve the second amendment to said services agreement.
Discussion/Action: The second amendment to the leadership development services agreement with Minh Le was approved and execution of the amendment authorized.
Vote 10-0-1-0. Absent: Diaz.
6e(13) Approval
of an agreement with the San José Downtown Association for marketing services
related to the downtown public parking program for the period December 15, 1999
to December 14, 2000, in an amount not to exceed $100,000.
(Streets and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated November 22, 1999, recommending Council approve said agreement.
Discussion/Action: In addition to the assistance provided by the San José Downtown Association to develop an improved marketing plan, Council Member LeZotte requested Staff work with City employees in obtaining the necessary passes that will encourage light rail ridership and greater use of parking resources at peripheral lots. The agreement with the San José Downtown Association was approved and its execution authorized with direction to Staff to work with City employees who work in the downtown area, not only to promote additional use of the DASH shuttle, but also to obtain ECCO passes which will provide access to free parking at LRT stations and the use of light rail trains into the Downtown. Vote 10-0-1-0. Absent: Diaz.
6e(14) Adoption
of a resolution authorizing the City Attorney to negotiate and execute an
amendment to the agreement with Clifton Gunderson L.L.C. for certification of
Municipal Health Services Program (MHSP) clinic cost reports, to extend the
term through June 30, 2003, and to specify terms for audits for fiscal years
1998-99, 1999-2000, 2000-01, 2001-02, and 2002-03. (City Attorney’s Office)
(Rules
Committee referral 12/8/99
Documents Filed: Memorandum from City Attorney, Joan R. Gallo, dated December 13, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69281, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute an Amendment to the Agreement With Clifton Gunderson L.L.C. for Certification of MHSP Clinic Cost Reports, to Extend the Term Through June 30, 2003 and to Specify Terms for Audits for Future Fiscal Years”, was adopted. Vote 10-0-1-0. Absent: Diaz.
6e(15) Adoption
of a resolution authorizing the City Manager to enter into an agreement with
the City Association of Management Personnel (Unit 21) subject to ratification
by Unit 21 membership. (City Manager’s Office)
(Rules Committee referral 12/8/99)
Documents Filed: Memorandum from City Manager, Del Borgsdorf, dated December 13, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69282, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Enter Into An Agreement With the City Association of Management Personnel (Unit 21) to Provide Salary and Benefits Subject to Ratification by Unit 21 Membership”, was adopted. Vote 10-0-1-0. Absent: Diaz.
6e(16) Adoption
of a resolution authorizing the City Manager to execute an agreement
(modification number 2) for 311 service with Pacific Bell and the State of
California, for a total cost of $91,800. (Information Technology)
(Rules Committee referral 12/8/99)
Documents Filed: Memorandum from Information Technology Director, Ken Phillips, dated December 6, 1999, recommending Council approve the agreement with Pacific Bell and the State of California for 311 service.
Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69283, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute An Amendment to the Agreement for 311 Service With Pacific Bell and the State of California”, was adopted. Vote 10-0-1-0. Absent: Diaz.
Routine Legislation
6f(1) Adoption
of appropriation ordinance and funding sources resolution amendments in the
Federal Drug Forfeiture Fund (Fund 419) to appropriate $80,600 for the purchase
of various law enforcement related equipment and training.
(City Manager’s Office/Police)
Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, and Chief of Police William M. Lansdowne, dated November 18, 1999, recommending Council approve said appropriation actions in the Federal Drug Forfeiture Fund.
Discussion/Action: Ordinance No. 26004, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Federal Drug Forfeiture Fund in the Amount of $80,600 for the Purchase of Various Law Enforcement Related Equipment and Training; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69284, 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 Federal Drug Forfeiture Fund", were adopted. Vote 10-0-1-0. Absent: Diaz.
6f(2) (a) Adoption
of:
(1) An urgency ordinance amending Chapter
3.36 of the San José Municipal Code to provide for employer pick-up of contributions
made to purchase service credit for Federated service and of re-deposits of
withdrawn contributions for certain members of the Police and Fire Department
Retirement Plan, and declaring the reasons for such urgency.
(2) A resolution implementing the employer
pick-up of contributions to purchase Federated service and of re-deposits of
withdrawn contributions for certain members of the Police and Fire Department
Retirement Plan pursuant to Internal Revenue Code Section 414(h)(2).
(b) Adoption
of:
(1) An urgency ordinance amending Chapter
3.28 of the San José Municipal Code to provide for employer pick-up of
contributions made to purchase service credit for Police and Fire service and
of re-deposits of withdrawn contributions for certain members of the Federated
City Employees’ Retirement System, and declaring the reasons for such urgency.
(2) A resolution implementing the employer
pick-up of contributions to purchase Police and Fire service and of re-deposits
of withdrawn contributions for certain members of the Federated City Employees’
Retirement System pursuant to Internal Revenue Code Section 414(h)(2).
(Boards
of Administration for the Police and Fire Retirement Plan & the Federated
City Employees’ Retirement System)
Documents Filed: Memorandum from Boards of Administration for the Police and Fire
Retirement Plan and the Federated City Employees’ Retirement System, Retirement
Administrator Edward F. Overton, dated November 23, 1999, recommending Council
adopt said ordinances and resolutions.
Discussion/Action: Ordinance No. 26005, entitled: “An Urgency Ordinance of the City of San José Amending Chapter 3.36 of Title 3 of the San José Municipal Code by Amending Sections 3.36.610, 3.36.710 and 3.36.1580 and Adding Sections 3.36.615 and 3.36.715 to Provide for Employer Pick Up of Contributions Made to Purchase Service Credit for Federated City Service and to Provide for Employer Pick-Up of Redeposits of Withdrawn Contributions for Certain Members of the Police and Fire Department Retirement Plan, and Setting Forth the Reasons for Such Urgency”; Resolution No. 69285, entitled: “A Resolution of the Council of the City of San José Implementing the Employer Pick-Up of Contributions to Purchase Federated Service Credit and the Employer Pick-Up of the Redeposit of Withdrawn Retirement Contributions For Certain Members of the Police and Fire Department Retirement Plan Pursuant to Internal Revenue Code Section 414(h)(2)”; Ordinance No. 26006, entitled: “An Ordinance of the City of San José Amending Sections 3.28.660, 3.28.765 and 3.28.790 of Chapter 3.28 of Title 3 of the San José Municipal Code to Provide for Employer Pick Up of Contributions Made to Purchase Service Credit for Police and Fire City Service and to Provide for Employer Pick-Up of Redeposits of Withdrawn Contributions for Certain Members of the Federated City Employees Retirement System, and Setting Forth the Reasons for Such Urgency”; and Resolution No. 69286, entitled: “A Resolution of the Council of the City of San José Implementing the Employer Pick-Up of Contributions to Purchase Police and Fire Service Credit and the Employer Pick-Up of the Redeposit of Withdrawn Retirement Contributions For Certain Members of the Federated System Pursuant to Internal Revenue Code Section 414(h)(2)”, were adopted. Vote 10-0-1-0. Absent: Diaz.
6f(3) Adoption of a resolution authorizing the City of
San Jose to join as a co-permittee in the Santa Clara Valley Urban Runoff
Pollution Prevention Program application for reissuance of the Program’s
municipal storm water National Pollutant Discharge Elimination System permit,
in fulfillment of federal and state water pollution control requirements. (Environmental
Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated November 22, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69287, “A Resolution of the Council of the City of San José Authorizing the City of San José to Join as a Co-Permittee in the Santa Clara Valley Urban Runoff Pollution Prevention Program Application for Reissuance of the Program’s Municipal Storm Water National Pollutant Discharge Elimination System (NPDES) Permit”, was adopted. Vote 10-0-1-0. Absent: Diaz.
6f(4) Adoption
of a resolution:
(a) Approving
an application for grant funding for the Los Gatos Creek Trail under the
Transportation for Livable Communities (TLC) Program.
(b) Authorizing
the City Manager to negotiate and execute all documents relating to this grant
application and to the funding agreements if the grant is awarded.
CEQA: ND. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated November 23, 1999, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69288, entitled: “A Resolution of the Council of the City of San José Approving an Application for Grant Funding for the Los Gatos Creek Trail Under the Transportation for Livable Communities Program and Authorizing the City Manager to Negotiate and Execute All Documents Relating to the Grant Application and, If Awarded, the Grant Agreement", was adopted. Vote 10-0-1-0. Absent: Diaz.
6f(5) Adoption
of appropriation ordinance amendments in the General Fund in the amount of
$35,000 to provide funding for the Millennium Family Festival. (Conventions,
Arts and Entertainment/City Manager’s Office)
(Rules Committee referral 12/8/99)
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment Nancy Johnson, and Budget Director Larry D. Lisenbee, dated December 6, 1999, recommending Council adopt said appropriation ordinance amendments in the General Fund.
Discussion/Action: Ordinance No. 26007, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 Which Appropriates Moneys in the General Fund in the Amount of $35,000, to Provide Funding for the Millennium Family Festival; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote 10-0-1-0. Absent: Diaz.
COMMISSION,
COMMITTEE, AND STANDING REPORTS
7b Report
of the Rules Committee – December 8, 1999
Documents Filed: Rules Committee Report of December 8, 1999.
(1) Review December 21, 1999 Draft Agenda
This Item Dropped – Holiday Recess.
(2) Add New Items to December 14, 1999 Amended Agenda
The Committee recommended eleven additions to the December 14, 1999 City Council Agenda.
(3) Meeting Schedules. Attachment:
Memorandum from Senior Executive Assistant/Interim Council Liaison, Deanna J.
Santana, dated December 1, 1999, recommending approval to make location changes
for COW meeting.
(a) Request to change location for the December 15, 1999 Committee of the Whole on Investing in Results
The Committee recommended approval to change the location of the December 15, 1999 Committee of the Whole meeting on Investing In Results from the Council Chambers to Room J at the Convention Center.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated December 2, 1999, listing the items transmitted to the Administration and the items filed for the Public Record for the period November 17-30, 1999.
The Committee noted and filed the Public Record for the period November 17-December 30, 1999.
(5) 1999 State and Federal Legislative Summaries. Attachments: (1) Memorandum from John H. Montgomery of Murray, Scheer, Montgomery, Tapia & O’Donnell, dated December 8, 1999, transmitting the Federal Legislative Summary Report describing priority legislative actions taken during 1999. (2) Memorandum from State Legislative Representative Roxanne L. Miller, dated November 30, 1999, submitting the Legislative Status Report for 1999-2000 Legislative Session.
The Committee accepted the State and Federal Legislative Summaries for 1999.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(7) Oral communications
Betsy Wolf-Graves, from South Bay Mobilization to Free Mumia Abu-Jamal, requested information on the Committee’s disposition of her item (b)(1) listed on the Public Record. Chair Fiscalini replied that the item had been transmitted to the City Administration and referred Ms. Wolf-Graves to the City Manager’s Office.
(8) Adjournment
The meeting was adjourned at 3:00 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr., and unanimously carried, the Rules Committee Report and actions of December 8, 1999 were accepted. Vote 10-0-1-0. Absent: Diaz.
7d Report
of the Economic and Community Development Committee – December 6, 1999
Documents Filed: Economic and Community Development Committee Report of December 6, 1999.
(1) 2000 Public Art Workplan. Attachment: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 19, 1999, recommending acceptance of the status report on the Public Art Program.
The Committee recommended approval of the Public Art Workplan with the recommendation to report to Committee on the Public Art Process in April 2000.
(2) Status Report on the Implementation of the Convention Center Dance Policy. Attachment: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated November 19, 1999, recommending acceptance of the informational report.
The Committee accepted the status report as information only, requiring no fur