MINUTES OF THE CITY COUNCIL
SAN JOSE, CALIFORNIA
TUESDAY, AUGUST 31, 1999
The Council of the City of San Jose convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - None.
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) Dhillon v. City of San José, et al; and to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter regarding the initiation of litigation.
By unanimous consent, Council reconvened from the Closed Session, recessed at 10:40 a.m., and reconvened at 1:34 p.m. in the Council Chambers.
Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.
Absent: Council Members - None.
INVOCATION
Fair Middle School Steel Pan Band, under the direction
of Miss Prieskop played, “Jammin” on the steel pan drums. (District 7)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Council Member Fiscalini, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
5a Presentation of plaque to William J. Ress for 3 years 4 months service on the Planning Commission. (Mayor)
Documents filed: None.
Discussion/Action: This item was deferred to September 14, 1999.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.
Minutes for Approval
6a(1) Joint City Council/Redevelopment Agency Meeting of June 15, 1999
Documents filed: Minutes of June 15, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
6a(2) Adjourned Regular Meeting of June 21, 1999
Documents filed: Minutes of June 21, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
6a(3) Regular Meeting of June 22, 1999
Documents filed: Minutes of June 22, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
6a(4) Joint City Council/Redevelopment Agency Meeting of June 22, 1999
Documents filed: Minutes of June 22, 1999.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
Ordinances for Final Adoption
6b(1) ORD. NO. 25935 – Amends Sections 9.10.1060 and 9.10.1070 of Chapter 9.10 of Title 9 of the San José Municipal Code to permit the use of recycling bins at multi-family premises and to clarify the types of containers authorized for collection of waste oil and used oil filters.
Documents filed: Proof of publication of title of Ordinance No. 25935, submitted by the City Clerk.
Discussion/Action: Ordinance No. 25935 was adopted. Vote: 11-0-0-0.
6b(2) ORD. NO. 25936 – Amends Chapter 3.36 of Title 3 of the San José Municipal Code to delete the provisions of the Police and Fire Department Retirement Plan which provide for the termination of surviving spouse benefits upon the remarriage of the surviving spouse with respect to surviving spouses of members or retirees who retired or died prior to October 1, 1999.
Documents filed: Proof of publication of title of Ordinance No. 25936, submitted by the City Clerk.
Discussion/Action Ordinance No. 25936 was adopted. Vote: 11-0-0-0.
Plans and Specifications
6d(1) TRACT NO. 9105 – Within the Evergreen Specific Plan Area (ESP) and more specifically located on the south side of Quimby Road, 200 feet westerly of Chaboya Road – Standard Pacific of Northern California, a division of Standard Pacific Corporation, a Delaware Corporation (Developer) – 62 single family detached residential units. Adoption of resolutions approving the plans, final map, contract, and water main extension agreement for Tract No. 9105. CEQA: Resolution No. 63179. District 8. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 24, 1999, recommending adoption of said resolutions.
Discussion/Action: Resolution No. 69091, 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. 9105”; Resolution No. 69092, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9105”; Resolution No. 69093, 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. 9105”; and Resolution No. 69094, 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. 9105”, were adopted. Vote: 11-0-0-0.
Contracts/Agreements
6e(1) Approval of a first amendment to the agreement with Thomas Jones Shoeshine Concession extending the term on a year-to-year basis for a period not to extend beyond three (3) years to August 31, 2002, with annual revenue to the City in the amount of $10,115. CEQA: Resolution No. 67380. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated August 12, 1999, recommending approval of a first amendment to said agreement with Thomas Jones Shoeshine Concession.
Discussion/Action: The first amendment to said agreement with Thomas Jones Shoeshine Concession was approved and its execution authorized. Vote: 11-0-0-0.
6e(2) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 # 8, 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 August 12, 1999, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List No. 8 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.
6e(3) Approval of a third amendment to the agreement with Media Connections Group for assistance in developing a Telecommunications Master Plan, extending the term by 12 months, from July 1, 1999 to June 30, 2000, at no additional cost to the City. (Information Technology)
Documents filed: None.
Discussion/Action: This item was deferred to September 7, 1999.
6e(4) Approval of a Parking Lot Lease agreement with Michael G. Akatiff and Christy D. Akatiff located on North Autumn Street “Akatiff Lot” in the amount of $52,526.40, for the period September 1, 1999 to August 31, 2001, with cost of living adjustments using the Consumer Price Index for the second year. (Streets and Traffic)
Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated August 12, 1999, recommending approval of said agreement with Michael G. Akatiff and Christy D. Akatiff.
Discussion/Action: The agreement with Michael G. Akatiff and Christy D. Akatiff was approved and its execution authorized. Vote: 11-0-0-0.
6e(5) Approval of a first amendment to the agreement with Orloff/Williams & Company for advertising and public outreach services for South Bay Water Recycling, increasing the amount by $75,000, from $75,000 to $150,000, and extending the term by 12 months, from August 31, 1999 to August 30, 2000. (Environmental Services)
[Deferred from 8/24/99 – Item 6e(5)]
Documents filed: None.
Discussion/Action: This item was deferred to September 7, 1999.
Routine Legislation
6f(1) Approval of an ordinance amending Section 15.08.300 of Chapter 15.08 of Title 15 of the San José Municipal Code to permit Council approval of contracts for the provision of water service by the San José Municipal Water System outside the service area, without requiring annexation to the City, under limited circumstances. (City Attorney’s Office)
[Deferred from 6/22/99 – Item 6f(5) and 8/3/99 – Item 6f(1)
Documents filed: None.
Discussion/Action: This item was deferred to September 28, 1999.
6f(2) (a) Approval of recommended changes to the City of San José Bail Schedule and direction to the City Attorney to submit the recommended changes in the Bail Schedule to the Superior Court Bail Committee.
(b) Approval of an ordinance amending Section 1.08.020 of Chapter 1.08 of Title 1 of the San José Municipal Code to update the list of infractions.
(City Attorney’s Office)
Documents filed: None.
Discussion/Action: Council Member Dando requested clarification on the first item listed on Attachment 2 of the Staff report dated August 18, 1999, which proposes that Section 11.68.070 of the San José Municipal Code be amended to decrease the bail amounts for certain offenses to be consistent with the penalty amounts for Municipal Code infractions. She questioned the rationale for lowering the bail requirements for offenses committed by the taking of property or personal effects of persons to whom ambulance or emergency service is being rendered. City Attorney Gallo suggested deferring this item for review and report on September 7, 1999. Upon motion by Council Member Dando, seconded by Council Member Powers, and unanimously carried, this item was deferred to September 7, 1999.
6f(3) 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 $576,023. (City Manager’s Office)
(Rules Committee referral 8/25/99)
Documents filed: None.
Discussion/Action: This item was deferred to September 7, 1999.
6f(4) (a) Adoption of resolution:
(1) Approving City of San José Disadvantaged Business Enterprise Program in accordance with 49 CFR PART 26.
(2) Approving City of San José’s annual federal Disadvantaged Business Enterprise goals for federally funded projects received through the United States Department of Transportation as well as those administered by the State of California/Department of Transportation/Local Assistance Program.
(b) Submittal of City of San José Disadvantaged Business Development Program to the United States Department of Transportation for review.
(Equality Assurance)
(Rules Committee referral 8/25/99)
Documents filed: Memorandum from Assistant to the City Manager, Nina S. Grayson, dated August 25, 1999, recommending adoption of said resolution and authorization to submit the City of San José Disadvantaged Business Development Program to the United States Department of Transportation for review.
Discussion/Action: Council Member Diaz expressed concerns that the proposed Disadvantaged Business Enterprise Program goals are low compared to those of other public entities and questioned the methodology used to arrive at those goals. He stated that using the proper methodology could increase the percentage goal. Because of the submission deadline, he recommended Council approve the Staff recommendation with the understanding that the goals could be amended during the 45-day public review period and requested the issue be referred to Staff to conduct methodology comparisons with other jurisdictions and refer the issue to the Disadvantaged Business Development Commission for review. City Attorney Gallo pointed out that no entity is yet operating under the new federal regulations. Council Member Diaz requested the feasibility of conducting a disparity study be referred to the Commission. Mayor Gonzales stated he shares Council Member Diaz’s concerns and supports a review and comparison of methodologies used by other agencies in the same geographic region and the referral to the Commission. Upon motion by Council Member Diaz, seconded by Council Member LeZotte, and unanimously carried, the submittal of the City of San José Disadvantaged Business Development Program to the United States Department of Transportation for review was approved, and Resolution No.69095, entitled: “A Resolution of the Council of the City of San José Approving the City of San José Disadvantaged Business Enterprise (DBE) Program in Accordance with the Regulations of the U.S. Department of Transportation (DOT) and Approving Annual Disadvantaged Business Enterprise Goals for Federally Funded Projects for Submittal to DOT and for Public Review and Comment”, was adopted. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee – August 18, 1999
Vice Mayor Fiscalini, Chair
Documents filed: Rules Committee report of August 18, 1999.
(1) Review August 31, 1999 Agenda
The Committee approved the August 31, 1999 City Council agenda with two additions.
(2) Add New Items to August 24, 1999 Amended Agenda
The Committee recommended three additions to the August 24, 1999 City Council agenda.
(3) Meeting Schedules
There were none.
(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated May 6, 1999, listing the items transmitted to the Administration and those items filed for the Public Record for the period August 4-10, 1999.
The Committee noted and filed the Public Record.
(5) Request to use Council General funds to attend National League of Cities’ Transportation, Communications and Public Works Policy Committee Meeting in Ontario, California, August 27, 1999. Attachment: (1) Memorandum from Council Member Woody, dated August 6, 1999, requesting use of Council General funds. (2) Memorandum from City Clerk Patricia L. O’Hearn dated August 11, 1999, summarizing the Council General Travel Budget to date.
The Committee recommended approval of the use of Council General Funds by Council Member Woody to attend the League of California Cities’ Transpor-tation, Communications and Public Works Policy Committee Meeting in Ontario, California, August 27, 1999.
(6) Request to use Council General funds to attend National League of Cities’ Transportation Infrastructure and Service Meeting in Troy, Michigan, September 9-11, 1999. Attachment: Memorandum from Council Member Woody, dated August 5, 1999, requesting use of Council General funds.
The Committee recommended approval of the use of Council General Funds by Council Member Woody to attend the National League of Cities’ Transportation Infrastructure and Services Meeting in Troy, Michigan, September 9-11, 1999.
(7) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(a) Request to refer the issue of marketing scorcher tires to the City Attorney and the Administration. Attachment: Memorandum from Council Member Woody dated August 11, 1999 regarding the planned marketing of scorcher tires.
The Committee referred the issue to the City Attorney to prepare a resolution opposing the marketing of scorcher tires for placement on the August 31, 1999 Council agenda; and directed the Administration to contact the National League of Cities regarding support of possible legislation to prohibit the use of these color-tread tires.
Discussion/Action: See Item 9d for Council action taken
(8) Oral communications
None presented.
(9) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the Rules Committee report and actions of August 18, 1999, were accepted. Vote: 11-0-0-0.
7f Education, Neighborhoods, Youth, and Seniors Committee – August 16, 1999
Council Member Shirakawa, Jr., Chair
Documents filed: Education, Neighborhoods, Youth and Seniors Committee report of August 16, 1999.
(1) Library Master Plan Update. Attachment: Memorandum from City Librarian Jane Light, dated August 4, 1999, reporting the status of the Branch Library Facilities Master Plan.
The Committee accepted the report.
(2) Parks and Community Facilities and Programs Strategic Plan Phase I: Environ-mental Scan Presentation: Attachment: (1) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 4, 1999, reporting on Phase I of the Parks and Community Facilities Strategic Plan. (2) Report entitled: A Strategic Plan for San José Parks and Community Facilities & Programs: Environmental Scan, prepared by Moore Iacofano Goltsman, Inc.
The Committee accepted the report.
(3) Recommendations for City Priorities on Open Space Authority Funding. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 4, 1999, recommending approval of the Open Space Authority Priority and Acquisition Recommen-dations.
The Committee recommended acceptance of the recommendations for City Priorities on Open Space Authority Funding. Noes: Chavez.
(4) Presentation of Anti-Tobacco Poster Contest Winners. Attachment: Memoran-dum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated August 5, 1999, stating the report will be made verbally.
The Committee accepted the verbal report.
(5) Approval of the Education, Neighborhood, Youth and Seniors Committee Workplan (September 1999 through December 1999). Attachment: Proposed Workplan for September-December 1999.
The Committee approved the Committee Workplan.
(6) Oral petitions
None presented.
(7) Adjournment
The meeting was adjourned at 3:32 p.m.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee report and actions of August 16, 1999, were accepted. Vote: 11-0-0-0.
GENERAL GOVERNMENT
9a Adoption of a resolution setting population limits for purpose of calculating the Voluntary Expenditure Limits for the Year 2000 Municipal Election Cycle. (City Clerk)
(Deferred from 6/8/99 – Item 9b et al., and 8/17/99 – Item 9a)
Documents filed: None.
Discussion/Action: This item was deferred to September 7, 1999.
9b Report on bids and award of contract for the Median Island Improvements – Phase 3 to the low bidder, and approval of a ten (10) percent contingency. CEQA: Exempt. (Public Works)
(Deferred from 6/29/99 – Item 9o)
Documents filed: None.
Discussion/Action: This item was deferred to September 14, 1999.
9c Mayor’s Biennial Ethics Review Report and Recommendations. (Mayor)
Documents filed: Memorandum from Mayor Gonzales, dated August 26, 1999, recom-mending changes to the City’s Campaign Finance Contribution Ordinance (Section A-Amendments for Action) and recommendations to be referred to the City Attorney for review and recommendation (Section B-Amendments for Analysis).
Discussion/Action: Mayor Gonzales stated the issue is on today’s agenda for community and Council input and for final report on September 7, 1999, in order for Council to take action before City Council campaigns are allowed to begin to raise money next week. He stated the objective of his recommendations are to improve the ordinance by making it stronger and providing clarity, that both the City Attorney’s Office and he and his staff have come to an agreement on a majority of the items, and additional items are recommended for further analysis and report back by the City Attorney on September 7, 1999. He stated research has not yet concluded on the issue of a level playing field issue and the City Attorney will review and report on this issue next week. However, because it is likely there will be more self-financed candidates at all levels of government and for San José elections, he believes wealthy candidates would have an unfair advantage, restricting candidates who are not wealthy, and creating less competitive or accessible elections. He noted that a full and timely disclosure creates a more competitive election and his primary purpose as it relates to leveling the playing field is to address the issue before such a candidate comes forward. Once such a candidate comes forward, if the City has no provisions in the ordinance to address it, the issue can become political, and he stated he would prefer to anticipate such problems and address them in advance. Council Member Diaz asked the City Attorney if the City can ban card club contributions to independent expenditure committees. City Attorney Gallo stated the City is very constrained in what restrictions can be placed on independent campaign committees and expenditures; however, stated she would review that issue and include her conclusions in the upcoming report. Council Member Matthews stated regarding the level playing field, she is not in favor of allowing larger contributions from donors to campaigns and while she agrees it is not good to have self-financed campaigns, she is concerned about creating more problems than would be solved. She indicated a better disincentive for self-financing might be raising the overall spending cap of the opponents; however, she generally prefers to limit the amount that is spent. She expressed concerns about excluding professional advisor’s fees from the limits, stating that because of the various ways the advice is provided, the issue would be too complicated and would result in more referrals to the Ethics Board. She stated her preference is to simplify rather than complicate the rules so they are not subject to interpretation and everyone is playing by the same rules. Mayor Gonzales stated that in the next several days he will review the issue of a percentage cap on the expert advise issue as an option. Council Member Matthews expressed concerns about the issue of spending surplus funds after the primary on bills that come in after election day, which can be subject to interpretation, and stated she does not support having exceptions to the deadline. Vice Mayor Fiscalini stated he generally supports the proposals; however, he is concerned the recommendations pertaining to the level playing field may create a greater problem than the one the Council is trying to prevent, which he does not see as a major problem. He stated there may also be some First Amendment concerns, which he would prefer to avoid. Council Member Woody stated regarding the expenditure limits she does not support exceptions to the cap. On the issue of surplus finds, she stated that funds raised but not used in the primary should be eligible to be rolled over into the general election and suggested a review of that issue. Council Member Dando stated she agrees for the most part with the recommendations. However, she expressed concerns about the recommendation on expenditure limits, which she thinks could cause more problems by creating a vague area that would be complicated further by the different kinds of consulting arrangements that are possible. Regarding the level playing field issue, she stated she has always been a proponent for spending less money in politics and not more, and she fears the proposed changes could encourage large sums of contributions from special interest groups and from individuals, a dangerous direction to which she is opposed. She supported the deferral of Council action, pending review by the Ethics Board, both as a courtesy and in order to gain the benefit of their professional expertise. Council Member LeZotte stated she has similar concerns as expressed by Council Member Dando, and with the expenditure limit and exempting professional help, and would anticipate the problems Council Member Matthews mentioned. She stated the rules would be too vague, even with a cap, and would favor those candidates who can afford outside help, and would benefit self-financed candidates. She expressed concerns about the level playing field issue and stated she does not support increasing the amount of money that can be received from any one source. She stated if the City can limit personal loans, one way of limiting self-financing candidates would be to reduce the $20,000 limitation, and expressed concerns about extending the time within which to raise funds, which she thought was more applicable to mayoral races than to City Council races. Mayor Gonzales stated his rationale for extending the time was concerns about having to lay off staff for two months and thereby losing qualified staff and noted that those not wishing to utilize the time extension would have that option. Council Member Chavez questioned, regarding the level playing field issue, how the $20,000 limitation on personal loans was determined. City Attorney Gallo stated there is no cap in terms of individual contributions and her office is still researching the issue of a level playing field and has yet to issue an opinion. She stated that from the direction the courts have been going, the City is very constrained from making clear expenditure limits. She stated expenditure limits is a voluntary program and unless public financing is involved, regulation is very constrained, and stated her office will research the issue and report back to the Council, and in response to questions by Council Member Chavez about lowering the $20,000 personal loan limitation, stated she would review the issue and report back. Mayor Gonzales pointed out that included in the referral to the City Attorney is the review of any recent legal developments, which pertain to those issues. Council Member Chavez stated she agrees that self-financed campaigns may not be a large problem now, but is potentially a problem for the future; therefore, she is interested in pursuing disincentives to candidates funding their own campaigns. She stated she supports capping and the possibility of public financing that component or a portion of the amount, or other options for streamlining the regulation to enable candidates to be successful and compliant. Regarding the Ethic Board, Council Member Chavez inquired about the degree to which the Board has independent staffing, to which City Attorney Gallo explained the process whereby the Board inter-views and selects two independent attorneys as contracted legal advisors. Mayor Gonzales stated one of the reasons for the Biennial Review is to review the ordinance for ways to make it stronger and suggested referring that issue for further discussion or review under Item 7 on Page 4, for inclusion in the City Attorney’s report back to the Council on September 7, 1999, or at a later time. Council Member Powers stated support for allowing fund raising to begin after the primary, as long as there is a cap, and supported the surplus rollover provision as long as it contributes to the cap of the general election to which the candidates have agreed. Council Member Dando recounted that the reason the $20,000 loan limit was established by a previous Council was to assist non-incumbents in launching a campaign with a personal loan that would be repaid after the campaign becomes established. Mayor Gonzales thanked the Council for their suggestions and called for public testimony. Ross Signorino spoke about the importance of having good campaign finance regulations. Kris Cunningham stated she is a candidate and suggested more public review of this issue and review by the Ethics Board. Alex Stewart, Chair of the Ethics Board, explained which of the Mayor’s recommendations the Board had discussed. He stated the Board agrees with the fund raising period recommendation that the six-month trigger date should not be utilized because of the unique circumstances of this election, and the Board agrees with the recommendation pertaining to the receipt of contributions during the blackout period. He stated returning the money that is received afterwards is a simple way to address that issue. In terms of Ethics Board terms, he stated the Board agrees it makes sense to have member turnover in non-election years, particularly given the learning curve that is necessary. He stated the Board did not review voluntary spending limits, but he thinks it makes sense, and that the Board would support updating the census figures. Regarding expenditure limits compliance and disclosure incentives, i.e., taking out of the spending limits the amount of money for professional assistance, he stated the Board has not looked at this issue, but he thinks it makes practical sense, provided it has a modest cap. Regarding in-kind contributions, he stated the Board has not addressed that issue, but he thinks it would support that recommendation, and he would support a comprehensive review. He stated the Board has not reviewed the level playing field issue and he is uncertain how the Board would view the issue and his own view is mixed, and stated the issue would benefit from more public discussion and he would prefer more time to review the issue. He stated the Board has reviewed the surplus funds issue and concurs with the recommendation; however, the Board has not reviewed Exception #2. To the issue raised by Council Member Matthews about how bills which are received late would be paid, he stated as long as the agreement to incur the expense and the service were provided before the election was over, the timing of the bill should not be determinative of what money gets used to pay the bill. However, he noted that someone wanting to circumvent the rules could do so in a way that services would be provided, not billed, and picked up at a later time. Finally, regarding the transfers between committees, he stated the Board did not address the issue but he thinks the recommendation makes practical sense. He stated that ultimately the law is about disclosure and knowing where all the money comes from, and transfers between campaigns for a ballot measure prevents that understanding. He noted that if a ballot measure has it own contributions and disclosures and the candidate has his or her own contributions and disclosures, the end result will be that the public can be more informed about precisely who is behind what and for what reasons, which he thinks is ultimately the most important aspect of the law. Mayor Gonzales thanked the speakers for their comments and stated although not an easy issue, it is the Council’s responsibility to make the needed changes, and the issue will come back for Council consideration next week. By unanimous consent, the discussion was continued to September 7, 1999, the City Attorney directed to review and report on Mayor Gonzales’ recommendations dated August 26, 1999, and additional issues raised by the Council were referred to the City Attorney for review and report to the Council. Vote: 11-0-0-0.
9d Adoption of a resolution with regard to marketing of scorcher tires.
[Rules Committee referral 8/18/99 – Item 7b(7)(a)]
Documents filed: See Item 7b(7)(a) for documents filed.
Discussion/Action: Council Member Woody stated she requested this item be brought to Council after receiving a presentation at the League of California Cities regarding the marketing efforts of the B. F. Goodrich Company and their plans to market scorcher tires and, understanding the concerns about the colored treadbands and the markings that will be left on City streets, and the potential of increased gang activity and of encouraging dangerous driving habits, she is recommending the City Attorney be directed to draft a resolution for the City Council to oppose the sale and use of color-tread tires, and the Chief of Police be directed to contact officials of the tire company to express the Council’s concerns. She stated the question had been posed to her if it would matter what colors were used and she stressed she is opposed to any color-tread tires that leave markings on City streets because the markings amount to graffiti, which the City is attempting to prevent. She stated she is recommending Council approve the resolution and direct Police Chief Lansdowne to relay the Council’s concerns to tire company officials and for City Staff to work with the League of California Cities and the National League of Cities to pursue legislation across the nation opposing the marketing of color-tread tires. Mayor Gonzales stated he agreed that such tires would be like putting graffiti on wheels and he would co-sign the letters, which Chief Lansdowne would be sending to the companies. Council Member Dando stated the Association of Cities will consider legislative action on the issue in September. Upon motion by Council Member Woody, seconded by Council Member Diquisto, and unanimously carried, Resolution No. 69096, entitled: “A Resolution of the Council of the City of San José Opposing the Sale and Use of Color-Tread Tires”, was adopted; and Police Chief Lansdowne was directed, with the Mayor’s support, to contact the tire company with the Council’s concerns. Vote: 11-0-0-0.
9e (1) Approval of rescission of award of contract for the Sidewalk Repair Program to:
(a) CB Construction in the amount of $480,000.
(b) QML, Inc. in the amount of $480,000.
(2) Approval of award of contract for the Sidewalk Repair Program to:
(a) Willson Concrete in the amount of $300,000.
(b) CB Construction in the amount of $300,000.
(c) Valley Concrete in the amount of $300,000.
(d) Jim’s Concrete in the amount of $100,000.
(General Services)
(Deferred from 8/24/99 – Item 9b)
Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated August 11, 1999, recommending rescission of award of said contract to CB Construction and QML, Inc., and approval to award said contract to Willson Concrete, CB Construction, Valley Concrete, and Jim’s Concrete, in the amounts specified.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the rescission of said contracts to CB Construction and QML, Inc., was approved and the award of the Sidewalk Repair Contract to: (a) Willson Concrete in the amount of $300,000; (b) CB Construction in the amount of $300,000; (c) Valley Concrete in the amount of $300,000; and (d) Jim’s Concrete in the amount of $100,000; were approved and their execution authorized. Vote: 11-0-0-0.
9f Approval of the City of San José Workforce Investment Act (WIA) recommendations.
(Committee of the Whole referral 8/24/99)
Documents filed: Memorandum from the Director of Economic Development, Leslie S. Parks, and Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 27, 1999, recommending approval of the Administration’s recommen-dations pertaining to the City of San José applying to become a Workforce Investment Act area.
Discussion/Action: Mayor Gonzales stated he supports the Staff recommendation and made an additional recommendation that Council Members forward to his office nominations for the WIB, the membership of which will be brought back to Council for final approval. Council Member Dando stated she was not a strong proponent of the City taking on this new obligation and expressed concerns about possible duplication of efforts and potential costs to the City of running the program. Council Member Diaz stated he thinks the City should establish a partnership with the County, especially pertaining to dealing with unincorporated areas. He expressed concerns about creating another WIA in the event the County pursues their own application for a WIA area and stressed that the County has considerable expertise in these types of programs. Mayor Gonzales explained that the experience that exists within the County in running these kinds of programs in the past does not necessarily predict their success in WIA, which is an entirely new type of program, in which one of the new partners may be able to deliver services in a more cost effective way. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr., and unanimously carried, the Staff recommendation dated August 27, 1999 was approved, with the Mayor’s recom-mendation for Council nominees for the Workforce Investment Board to be submitted to his office.
9g Approval of a pilot program and adoption of criteria to establish four (4) Community Policing Centers (Storefronts). (Police)
(Rules Committee referral 8/25/99)
Documents filed: (1) Memorandum from Chief of Police, William M. Lansdowne, dated August 26, 1999, recommending Council approve a pilot program and adopt criteria to establish four Community Policing Centers. (2) Memorandum from Mayor Gonzales, dated August 30, 1999, proposing additional recommendations for direction that Staff: (a) Study the proposed hours of operation and the possibility of expanding the hours of service at the proposed Community Policing Centers in coordination with the Police Department’s response to the policing Executive Research Forum (PERF) report and the upcoming audit of the San José Police Department; (b) Evaluate the feasibility of expanding the proposed Community Policing Centers program to other areas of the City of San José and report back during the June budget process, with the goal of using existing resources if possible and by leveraging public grant funds and private resources, and to include crime as one of the criteria considered when selecting a site for a Community Policing Center; and (c) Coordinate the Community Policing Center program goals with the Police Department’s community policing plan which plan should clearly describe how the proposed Community Policing Centers further the Police Department’s community policing efforts; and for Staff to report back on this referral in the Police Department’s response to the PERF report recommendations on community policing and police staffing allocations for the City of San José.
Discussion/Action: Police Chief William Lansdowne made a presentation on the Staff report and recommendations for a pilot program and criteria to establish four Community Policing Centers in the City of San José. In response to questions from Council Member Diaz about the status of negotiations with the Tropicana Shopping Center as a site for the Foothill Division center, Chief Lansdowne introduced Lieutenant Ron Evans, Project Manager for Community Policing Stations, who explained that Tropicana Village has agreed to provide 1500 square feet in a new building to be completed in late October or November of 1999. Mayor Gonzales suggested Council include in today’s action an authorization for the Administration to negotiate and execute the lease agreement with Tropicana Village to expedite the process. Council Member Diaz commented on the importance of maintaining good communication by ensuring that officers who speak Spanish are assigned to the center in the Spanish speaking community. Council Member Matthews stated the North San José site is more heavily populated and few community services are available there and requested careful consideration be given to where that center should be located, and pointed out the desire that exists in Alviso for a police presence. Council Member Woody expressed concerns that the public outreach be extensive and focused on creating a positive response to the police presence in the community and cited the negative response of the community to the police presence at the Eastridge Shopping Center as an example of the importance of the public outreach. Council Member Shirakawa stressed the importance of ensuring that the services to which the City commits are delivered, and are uniform while taking into consideration differences dictated by neighborhood distinctives, and stated the facilities need to be clean and professional in appearance. Vice Mayor Fiscalini stated the programs should evolve and grow commensurate with the needs of the communities. Council Member Diaz expressed concerns about how incidents of violent crime can be addressed in the communities served by the centers and requested Staff report back on the issue when the community-policing plan is reported out to Council. Mayor Gonzales thanked Staff for the report, expressed support for the proposed plan, and indicated his agreement with the issues pertaining to public outreach, which were presented by Council Member Woody. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Woody, and unanimously carried, the Council approved the Staff recommendation dated August 26, 1999, approved the additional directions to Staff recommended in Mayor Gonzales’ memorandum dated August 30, 1999, and authorized the City Manager to negotiate and execute a lease agreement with the Tropicana Shopping Center for the Foothill Division’s Community Policing Center as specified in the Staff report. Vote: 11-0-0-0.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS
The City of San José convened the Redevelopment Agency Board at 3:36 P.M. to consider Item 11a in a joint session.
11a Approval of a cooperation agreement between the City and The Redevelopment Agency regarding the Civic Plaza Redevelopment Area. (City Manager’s Office/Redevelopment Agency)
(Rules Committee referral 8/25/99)
Documents filed: None.
Discussion/Action: This item was deferred to September 7, 1999.
The Redevelopment Agency Board portion of the meeting was adjourned at 3:37 P.M.
CLOSED SESSION REPORT
City Attorney Gallo disclosed the following Closed Session actions of August 31, 1999:
A. Authority to Initiate Litigation
Authority to initiate litigation was given in one (1) matter. The name of the action and the defendants as well as the substance of the litigation shall be disclosed to any person upon inquiry once the action is formally commenced.
Council Vote: Ayes: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Woody; Gonzales.
Noes: None.
Absent: None.
Abstain: None.
ORAL COMMUNICATIONS
(1) Ross
Signorino, spoke about street marking issues.
(2) Bill
Chew suggested developing political substations.
ADJOURNMENT
The Council of the City of San José adjourned the meeting at 3:38 p.m.
RON GONZALES, MAYOR
ATTEST:
NANCY ALFORD, ASSISTANT CITY
CLERK