MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA

TUESDAY, AUGUST 10, 1999

The Council of the City of San Jose convened in regular session at 1:31 a.m. in City Council Chambers at City Hall.

               Present:      Council Members -  Chavez, Dando, Diaz, Fiscalini, Matthews, Powers, Shirakawa, Jr.; Gonzales.

               Absent:       Council Members -  LeZotte (excused), Diquisto (excused), Woody (excused)

               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) In re Newton; (2) People v. Philip Morris, Inc.; (3) People v. Brown & Williamson Tobacco Corporation; (4) People v. General Cigar Company, Inc.; and (5) People v. Tobacco Exporters, to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in two matters involving significant exposure to litigation and one matter regarding the initiation of litigation; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager Designee Mark Nelson; Employee Organization: Municipal Employees Federation.

               By unanimous consent, Council reconvened from the Closed Session, recessed at 10:45 A.M., and reconvened at 1:31  p.m. in the Council Chambers.

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

               Absent:       Council Members -  LeZotte (excused), Diquisto (excused).

INVOCATION

               Third Grade Students from Meadows School sang the Star Spangled Banner and the Grand Old Flag, under the direction of their teacher, Miss Sarsfiled. (District 7)

PLEDGE OF ALLEGIANCE

               Students Kristine Hong and Jiame Martinez led the Pledge of Allegiance.

ORDERS OF THE DAY

               Upon motion by Council Member Fiscalini, seconded by Council Member Dando, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

Vice Mayor Fiscalini welcomed to the Council meeting the Quito, Ecuador, delegation to the International Resources Cities program and introduced delegates Milton Barragan, Francisco Jijon, and Gustavo Fierro, and expressed appreciation for their visit.

CEREMONIAL ITEMS

5a           Presentation of plaque to Antonio Dias for 1 year 9 months service on the San José Appeals Hearing Board. (Mayor)

               Documents filed: None.

               Discussion/Action: Mayor Gonzales commended the service on the San José Appeals Hearing Board of Antonio Dias and stated his plaque can be picked up at the City Clerk’s Office since he was unable to attend the presentation.

5b           Presentation of a commendation to Chris Wikstrom for his quick response in calling the Fire Department to the Almaden Country School fire. (Dando)

               (Rules Committee referral 8/4/99)

               Documents filed: None.

               Discussion/Action Mayor Gonzales was joined at the podium by Council Member Dando for presentation of a commendation to Chris Wikstrom for his successful efforts in reporting a fire at the Almaden Country School, effectively limiting the amount of damage to the school. Council Member Dando cited his other volunteer civic efforts, awards, and called forward Deputy Fire Chief William Garringer, who added his congratulations. Council Member Dando introduced Chris’ parents in the audience, Walter and Linda Wikstrom.

CONSENT CALENDAR

               Upon motion by Diaz, seconded by Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

Minutes for Approval

6a(1)       Regular Meeting of June 8, 1999

               Documents filed: Minutes of June 8, 1999.

               Discussion/Action: The minutes were approved. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

Contracts/Agreements

6e(1)       Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 # 3, 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 July 15, 1999, recommending said award of open purchase orders.

               Discussion/Action: The award of open purchase orders for List #3 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6e(2)       Approval of rescission of award of bid to Matthews Specialty Equipment for one (1) 16-foot step van bomb unit for the Police Department and approval to reject all bids and to resolicit bids for one (1) 16-foot step van bomb unit. (General Services)

               Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 22, 1999, recommending approval to rescind the award of said bid to Matthews Specialty Equipment, to reject all bids and resolicit bids for said purchase.

               Discussion/Action: The rescission of said award to Matthews Specialty Equipment and rejection of all bids was approved and resolicitation of said bids was authorized. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6e(3)       Approval of a first amendment to the agreement with Hatton & Associates for consulting services related to the Human Resources-Payroll Project, increasing the compensation by $175,000, from $225,000 to $400,000. (Human Resources)

               Documents filed: Memorandum from Director of Human Resources, Nona Tobin, dated July 22, 1999, recommending approval of a first amendment to said agreement with Hatton & Associates.

               Discussion/Action: The first amendment to said agreement with Hatton & Associates was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6e(4)       Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with artist Edward L. (Ned Smyth) to design a work of art for the Paseo Plaza Condominiums in an amount not to exceed $25,000. (Conventions, Arts and Entertainment)

               [Deferred from 8/3/99 – Item 6e(4)]

               Documents filed: Memorandum from Jim McBride, Acting Director of the Department of Conventions, Arts and Entertainment, dated July 15, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69057, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Edward L. Smyth, Inc. to Design a Work of Art for the Paseo Plaza Condominiums in an Amount Not to Exceed $25,000”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6e(5)       Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 # 4, and authorization for the Director of General Services to execute the purchase orders. (General Services)

               [Deferred from 8/3/99 – Item 6e(6)]

               Documents filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated August 3, 1999, recommending approval of said open purchase orders. (2) Letter from the Treatment Plant Advisory Committee dated August 9, 1999, stating concurrence with the Staff recommendation.

               Discussion/Action: The award of open purchase orders List No. 4 was approved and execution of the purchase orders authorized. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

Routine Legislation

6f(1)       Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund of $98,080 for Parks, Recreation and Neighborhood Services Department for the Family Care Small Business Assistance Program. (Parks, Recreation and Neighborhood Services/City Manager’s Office)

               Documents filed: Memorandum from Parks, Recreation and Neighborhood Services Director Mark Linder and Budget Director Larry Lisenbee, dated July 22, 1999 recom- mending said appropriation ordinance and related revenue resolution amendments.

               Discussion/Action: Ordinance No. 25930, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Amount of $98,080 for Parks, Recreation and Neighborhood Services Department for the Family Care Small Business Assistance Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 69058, entitled, “A Resolution of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the General Fund”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6f(2)       Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with Community Family Services (CFS) for the continuation of the Family Care Small Business Assistance (FCSBA) Retention Services Program for the period July 1, 1999 to June 30, 2000, in a total amount not to exceed $91,160. (Parks, Recreation and Neighborhood Services)

               Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated July 22, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69059, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Grant Agreement with Community Family Services for the Family Care Small Business Assistance Program in an Amount not to Exceed $91,160”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6f(3)       Approval of a turnkey Parkland Agreement with SCS Development Company for improvements to Santana Park as required by Tentative Map No. PT 96-02-010. CEQA:  Exempt. (Parks, Recreation and Neighborhood Services)

               Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated July 22, 1999, recommending approval of said turnkey Parkland Agreement with SCS Development Company.

               Discussion/Action: The turnkey Parkland Agreement with SCS Development Company was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6f(4)       Adoption of a resolution determining that public interest and necessity require the acquisition of certain property owned by Cynthia S. McAlister and William H. McAlister located at 634 and 642 McLaughlin Avenue, and directing the City Attorney to file of an eminent domain action. CEQA:  ND. (Public Works)

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated July 22, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69060, entitled: "A Resolution of Necessity of the Council of the City of San José Making Certain Findings and Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil Procedure for the Following Project: McLaughlin Widening Project; Authorizing and Empowering the City Attorney to Bring an Action in Eminent Domain to Acquire Certain Property for Said Project and to Apply for an Order of Possession Before Judgment and to Prosecute Said Action to Final Judgment; and Authorizing and Empowering the Deposit of Money in Court for Possession of Said Property from the Funds Lawfully Available Therefore", was adopted. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6f(5)       Adoption of a resolution declaring surplus in the Improvement District 93-213SJ (Capitol-Copperfield) Construction Fund and ordering the disbursement thereof. (Public Works)

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 5, 1999, recommending adoption of said resolution.

               Discussion/Action: Resolution No. 69061, entitled: “A Resolution of the Council of the City of San José Declaring Surplus in Construction Fund for Improvement District 93-213SJ Capitol-Copperfield”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6f(6)       Adoption of an 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 $838,770, for various public art and street improvement projects. (City Manager's Office)

               [Deferred from 8/3/99 – Item 6f(2)]

               Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated August 6, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.

               Discussion/Action: Ordinance No. 25931, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Services for Redevelopment Capital Projects Funds in the Total Amount of $838,770 for Various City Services Needed in the Implementation of Certain Redevelopment Agency Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 69062, entitled, “A Resolution of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

6f(7)       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 $163,891, for the Public Art Administration Project, the Seasonal Banner Program Project and the Streets and Traffic Blight Abatement Project. (City Manager’s Office)

               (Order of the Day 4a)

               Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated July 22, 1999, recommending approval of said appropriation ordinance and related revenue resolution amendments.

               Discussion/Action: Ordinance No. 25932, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Services for Redevelopment Capital Projects Funds in the Total Amount of $163,891 for the Public Art Administration Project, the Seasonal Banner Program Project, and the Streets and Traffic Blight Abatement Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 69063, entitled, “A Resolution of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

COMMISSION, COMMITTEE, AND STANDING REPORTS

7b        Report of the Rules Committee – August 4, 1999 – (Partial)

               Vice Mayor Fiscalini, Chair

               Documents filed: Partial Rules Committee report of August 4, 1999.

               (7)        Approval of proposed League of California Cities resolution supporting reauthorization of the Older Americans Act for forwarding to the League of California Cities to be adopted at the annual conference.

                           The Committee recommended approval of a proposed League of California Cities resolution supporting reauthorization of the Older Americans Act for forwarding to the League of California Cities to be adopted at the annual conference.

               Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of August 4, 1999, on Item 7b(7) were accepted. Vote: 9-0-2-0. Absent: LeZotte, Powers.

GENERAL GOVERNMENT

9a           Adoption of a resolution retroactively authorizing the City Manager to apply for, and execute upon receipt, a grant agreement with the Federal Aviation Administration (FAA) for the Airport Acoustical Treatment Program (ACT) in the amount of $668,262. CEQA:  Resolution No. 67380. (Airport)

               (Rules Committee referral 8/4/99)

               Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated August 4, 1999, recommending adoption of said resolution.

               Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 69064, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to the Federal Aviation Administration for a Grant for the Airport Acoustical Treatment Program (ACT Program) in an Amount Not to Exceed $668,262, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

9b           Report and recommendations on the expanded Sidewalk Repair Grant Program. (Streets and Traffic)

               (Orders of the Day 4b)

               Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated August 6, 1999, recommending approval of: (1) the proposed 100% sidewalk repair grant program; (2) consideration in September of appropriating approximately $2 million in additional funding from the Neighborhood Improvement Fund or other sources to fund the expected level of demand in 1999-00 for repair grants for owner-occupied properties, and (3) direct Staff to report at mid-year the actual level of demand for 100% repair grants and the expected total costs in the current and future years.

               Discussion/Action: Streets and Traffic Director Wayne Tanda was joined by Tom Ferguson, Project Manager for the Sidewalk Repair Grant Program for a presentation of the Administration’s proposal for a 100% grant program, as detailed in the Staff Report dated August 6, 1999. He explained the criteria for determining eligibility for the grants and for installation of a root barrier in certain cases to prevent future damage. Council Member Dando inquired about public outreach and recommended considering at mid-year discussions extending the program to a 3 or 4 year program because of the expected demand. Vice Mayor Fiscalini expressed concern about excluding those cases currently in the pipeline from eligibility under the proposed program whereby those cases where sidewalks have been marked by the City but not repaired by the homeowner in the specified timeline. Program Manager Ferguson stated Staff had worked to keep those cases to a minimum in anticipation of the proposal and estimated those cases at approximately 100. Vice Mayor Fiscalini stated funding for curb gutter repairs falls outside today’s discussion but should be scheduled for future discussion to avoid future drainage problems and accelerated repair costs. He stated he preferred the City would not have to use asphalt on any interim repairs if avoidable. Council Member Shirakawa, Jr. agreed with avoiding asphalt repairs if possible and expressed concerns about the appearance of the various colors resulting from different repairs, such as wheelchair ramps, and asked if technology exists which would enable the colors of repair materials to be better synchronized with the concrete sidewalks. Director Tanda stated Staff will report at mid-year with more realistic data on funding and will investigate options for better visual control on interim repairs. Council Member Matthews agreed with concerns about projects in process not being covered by the program. Mayor Gonzales stated there appears to be consensus on the Council that the approximately 100 cases where sidewalks have been marked but not repaired should be eligible for the 100% grant program. Council Member Powers agreed with the concerns that asphalt repairs should be avoided whenever possible since they tend to become permanent. Upon motion by Council Member Matthews, seconded by Vice Mayor Fiscalini, and unanimously carried, Council approved the Staff recommendation dated August 6, 1999, approved, with direction to Staff to include the approximately 100 residents currently in process in the revised program. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

FISCAL AFFAIRS

10a         PUBLIC HEARING and approval of an ordinance establishing an Underground Utility District at Almaden Avenue, from Alma Avenue to 1000 feet south of Alma Avenue. CEQA: Exempt. (Public Works)

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated July 27, 1999, recommending approval of said ordinance.

               Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Ordinance No. 25933, entitled: “An Ordinance of the City of San José Establishing an Underground Utility District at Almaden Road from Alma Avenue to 1000 Feet South”, was passed for publication. Vote: 9-0-2-0. Absent: Diquisto, LeZotte.

ORAL COMMUNICATIONS

               Patricia Ramos, President of Municipal Employees Federated, AFSCME 101, addressed Council about the labor relation’s process.

ADJOURNMENT

               The Council of the City of San José adjourned at 2:19 p.m. in memory of Jim Shaw, the Mayor of Saratoga, community activist, and participant in the Santa Clara County Cities Association.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK