MINUTES OF THE CITY COUNCIL
SAN JOSE, CALIFORNIA
TUESDAY,
FEBRUARY 22, 2000
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, Diquisto, Fiscalini, LeZotte; Gonzales.
Absent: Council Members - Diaz, Matthews, Powers, Shirakawa, Jr., Woody (all 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) City of San José v. Fox, et al.; (2) Gonzalez v. City of Gilroy, et al.; (3) Roland, et al. v. Kennedy, et al.; (4) Scrase, et al. v. City of San José, et al.; (5) Phillips v. City of San José; and (6) Wing and A Prayer, Inc., v. City of San José.
By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1:37 p.m. in the Council Chambers.
Present: Council Members - Diaz, Chavez, Dando, Diquisto, Fiscalini, LeZotte; Matthews; Gonzales.
Absent: Council Members - Powers, Shirakawa, Jr., Woody (all excused)
Mayor Gonzales welcomed to the City Council meeting the Tainan County Government Delegation, consisting of government and business leaders from Tainan, Taiwan, San José’s Sister City since 1975; the Mayor introduced Magistrate Chen-Tan-Sun of Tainan County and extended a special welcome to the City of San José to the delegation.
INVOCATION
Almaden Country School Zoom Choir, comprised of 5th-8th
grader students, sang The Younger
Generation and My America, under
the direction of their Music Director, Julia Hatch. (District 2)
PLEDGE OF ALLEGIANCE
Mayor Gonzales led the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez, and unanimously carried, Item 6d(1) was deferred to February 29, 2000, and the Orders of the Day and the Amended Agenda were approved. Vote: 7-0-4-0. Absent: Diaz, Powers, Shirakawa, Woody.
CEREMONIAL ITEMS
5a Presentation of a commendation to Ana Lobè, Principal Dancer with the San José Cleveland Ballet, upon her return to the stage for the performance of Carmen at the San José Center for Performing Arts. (Chavez)
(Rules Committee referral 2/16/00)
Documents filed: None.
Discussion/Action: Mayor Gonzales was joined by Council Member Chavez for presentation of a commendation to Ana Lobè, Principal Dancer with the San José Cleveland Ballet, upon her return to the stage for the performance of Carmen at the San José Center for Performing Arts.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
Minutes for Approval
6a(1) Special Closed Session of December 6, 1999
Documents filed: Minutes of December 6, 1999.
Discussion/Action: The minutes were approved. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6a(3) General Plan Meeting of December 7, 1999
Documents filed: Minutes of December 7, 1999.
Discussion/Action: The minutes were approved. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6a(2) Regular Meeting of December 7, 1999
Documents filed: Minutes of December 7, 1999.
Discussion/Action: The minutes were approved. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6a(4) Joint City Council/Redevelopment Agency Meeting of December 7, 1999
Documents filed: Minutes of December 7, 1999.
Discussion/Action: The minutes were approved. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
Plans and Specifications
6d(1) TRACT NO. 9217 – Within the Evergreen Specific Plan Area (ESP) and more specifically located on the northeast corner of Allesandro and Silverland Drives – Kaufman & Broad – South Bay, Inc., a California Corporation (Developer) – 107 single family attached residential units. Adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9217. CEQA: Resolution No. 63179. District 8. (Public Works)
Documents filed:
Discussion/Action: This item was deferred to February 29, 2000.
Contracts/Agreements
6e(1) (a) Adoption of resolutions:
(1) Authorizing the City Manager to execute an agreement with Digital Signature Trust, Inc. in an amount not to exceed $62,350, for digital signature certificates and support services for the On-Line Permit/E-Commerce Pilot Project for the period January 11, 2000 to December 30, 2000.
(2) Amending the Annual Fee Resolution to set forth a flat fee of $93 for residential building re-roof permits and a flat fee of $120 for commercial building re-roof permits.
(b) Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund to fund the On-Line Permit/E-Commerce Pilot Project in the amount of $178,000.
(City Manager’s Office)
Documents filed: (1) Memorandum from Senior Deputy City Manager, Darrell Dearborn, and Budget Director Larry D. Lisenbee, dated February 2, 2000, recommending adoption of resolutions to execute said agreement with Digital Signature Trust, Inc.; to amend the Annual Fee Resolution as pertains to residential and commercial building re-roof permits; and amending the appropriation ordinance and related funding sources resolution in the General Fund to fund the On-Line Permit/E-Commerce Pilot Project. (2) Supplemental memorandum from Budget Director Larry D. Lisenbee, dated February 22, 2000, amending the Staff recommendation No. 3 as follows: (a) Increase the Citywide appropriation for the IDTS project by $178,000 from $3,734,339 to $3,912,339, and (b) Decrease the Building Fee Supported Reserve by $178,000 from $1,997,489 to $1,819.489.
Discussion/Action: William J. Garbett spoke in opposition to Item 6e(1)(a)(2). Resolution No. 69393, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Digital Signature Trust, Inc., for Digital Signature Certificates and Support Services for the On-Line Permitting/E-Commerce Pilot Project; Resolution No. 69394, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68950, the 1999-2000 Schedule of Fees and Charges, to Modify the Fee for Reroofing Permits”; and Ordinance No. 26055, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund in the Amount of $178,000 for Acceleration of the On-Line Permit/E-Commerce Pilot Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6e(2) Approval of a three (3) month extension of the First Responder agreement between the City of San José and Santa Clara County. (City Manager’s Office)
Documents filed: None.
Discussion/Action: This item was deferred to March 7, 2000.
6e(3) Approval of a continuation agreement with Fox Lawson & Associates to continue the term of the agreement for the Citywide Classification-Compensation Study through June 30, 2000, at no additional cost to the City. (Human Resources)
Documents filed: Memorandum from Director of Human Resources, Nona Tobin, dated February 2, 2000, recommending approval of said agreement with Fox Lawson & Associates.
Discussion/Action: The agreement with Fox Lawson & Associates was approved and its execution authorized. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6e(4) Report on bids and award of contract for
the Underground Conversion 2000 Project to the low bidder, Freeway Electric,
Inc., in the amount of $296,949.
CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 2, 2000, recommending award of said contract to the low bidder, Freeway Electric, Inc.
Discussion/Action: The award of said contract to the low bidder, Freeway Electric, Inc., was approved and its execution authorized. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6e(5) Approval of an agreement with Biotic
Resources Group to prepare a Stream Riparian Corridor Management Plan (SRCMP)
for Penitencia Creek in Alum Rock Park for $75,000, and additional services for
$15,000, for a total amount of $90,000.
CEQA: Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 2, 2000, recommending approval of said agreement with Biotic Resources Group.
Discussion/Action: The agreement with Biotic Resources Group was approved and its execution authorized. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6e(6) Adoption of a resolution:
(a) Declaring
a parcel of City-owned land located northerly of Fairway Drive easterly
of Village View Drive in the Villages Development, surplus to the needs of the City.
(b) Approving
an agreement for its sale to Shea Communities, Inc., the adjoining property
owner, in the amount of $1,668, and all other documents necessary to complete
the transaction.
CEQA:
Exempt. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 2, 2000, recommending approval of said resolution.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 69396, entitled: “A Resolution of the Council of the City of San José Declaring Certain City-Owned Property Surplus and Approving an Agreement to Sell Such Property to the Adjacent Property Owners, Shea Communities, Inc., for a Sum of No Less Than $1,668”, was adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6e(7) Approval of a first amendment to the agreement with Leadsimm to provide a strategic interactive simulated Police training program as one (1) of four (4) components in the Police Department’s Advancing Community Policing Leadership Grant during the period July 1, 1999 to June 30, 2000, in a total amount not to exceed $64,560. (Police)
(Rules Committee referral 2/16/00)
Documents filed: Memorandum from Chief of Police, William M. Lansdowne, dated February 2, 2000, recommending adoption of said resolution.
Discussion/Action: The first amendment to said agreement with Leadsimm was approved and its execution authorized. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
Routine Legislation
6f(1) Adoption of a resolution authorizing the Director of Aviation to submit an application to the Federal Aviation Administration (FAA) to amend the scope of the Security Access System Project funded by Passenger Facility Charges (PFC) at the San José International Airport without a change in the total project authorization amount. CEQA: Resolution No. 67380. (Airport)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated February 2, 2000, recommending adoption of said resolution.
Discussion/Action: Resolution No. 69397, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Aviation to Submit an Application to the Federal Aviation Administration (FAA) to Amend the Scope of the Security Access System Project Funded by Passenger Facility Charges at the San José International Airport with No Change in Total Project Authorization Amount”, was adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6f(2) Adoption of appropriation ordinance and funding sources resolution amendments in various airport funds to establish a temporary inter-fund transfer in the amount of $3,600,000, for the Airport Acoustical Treatment Program. (City Manager’s Office/Airport)
Documents filed: Memorandum from Director of Aviation, Ralph G. Tonseth, and Budget Director Larry D. Lisenbee, dated February 2, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action:
Ordinance No. 26056, entitled: “An Ordinance of the City of San José Amending
Ordinance No. 25916 to Appropriate Moneys in the Airport Surplus Revenue Fund
(Fund 524) and the Airport Capital Improvement Fund (Fund 520) in the Total
Amount of $3,600,000 to Establish a Temporary Interfund Transfer for the
Airport Acoustical Treatment Program; and Providing That This Ordinance Shall
Become Effective Immediately Upon Adoption”, and Resolution No. 69398,
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 Airport Capital Improvement
Fund”, was adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6f(3) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund in the amount of $20,000, for the Arena Green Playground Project. (City Manager’s Office)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated February 1, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Ordinance No. 26057, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $20,000 for the Arena Green Playground Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69399, 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 Redevelopment Capital Projects Fund”, were adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6f(4) Approval of one (1) proposed “City Event” date, as provided in the San José Management agreement, for use of the San José Arena on March 7, 2000, for the Celebrity Waiter Luncheon sponsored by the San José Unified Educational Foundation. (San José Arena Authority)
Documents filed: Memorandum from the San José Arena Authority, dated February 22, 2000, recommending approval of one proposed “City Event” date.
Discussion/Action: The proposed “City Event” date, as provided in the San José Management agreement, for use of the San José Arena on March 7, 2000 for the Celebrity Waiter Luncheon, was approved. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6f(5) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund with a net impact to the fund of $697,170, and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements. (City Manager’s Office)
[Deferred from 2/15/00 – Item 6f(2)]
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated February 18, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.
Discussion/Action: Ordinance No. 26058, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Total Amount of $697,170 for Various City Services Provided in the Implementation of Certain Redevelopment Agency Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69400, 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”; and Resolution No. 69401, entitled: “A Resolution of the Council of the City of San José Making Certain Determinations Consistent with California Health and Safety Code Section 33445 with Regard to Funding by the Redevelopment Agency of the City of San José of Certain Fees or Costs Incurred by the City of San José in Fiscal Year 1999-2000 in Connection with Certain Public Improvements”, were adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
6f(6) Approval of the appointment of three members to the Project Diversity Screening Committee. (Mayor)
[Deferred from 2/15/00 – Item 6f(14)]
Documents filed: None.
Discussion/Action: This item was deferred to February 29, 2000.
END OF CONSENT CALENDAR
COMMISSION, COMMITTEE, AND STANDING REPORTS
7b Report of the Rules Committee – February 9, 2000
Vice Mayor Fiscalini, Chair
Documents filed: Rules Committee report of February 9, 2000.
(1) Review February 22, 2000 Draft Agenda
The Committee approved the February 22, 2000 City Council agenda with two changes.
(2) Add New Items to February 15, 2000 Amended Agenda
The Committee recommended four additions to the February 15, 2000 City Council Agenda.
(3) Meeting Schedules. Attachment: Memorandum from Council Liaison Santana, dated February 3, 2000, requesting a Study Session be scheduled.
The Committee recommended a Council Study Session, entitled Investing in Results Follow-Up Study Session on Monday, February 28, 2000, 8:30 a.m. to 12 noon to be held at the Mexican Heritage Plaza.
(4) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated February 3, 2000, listing the items transmitted to the Adminis-tration and those items filed for the Public Record for the period January 26-February 1, 2000.
The Committee noted and filed the Public Record.
(5) Boards and Commissions
(a) Project Diversity Screening Committee
This item was reported at the February 15, 2000 Council meeting.
(6) Report back on request to develop implementation and funding plans for a citywide Vial of L.I.F.E. Program. Attachment: Memorandum from Council Liaison Deanna Santana, dated February 3, 2000, reporting on a request for a Citywide Vial of L.I.F.E. Program.
The Committee directed the Administration, in conjunction with the City Attorney’s Office, to report to the Education, Neighborhoods, Youth and Seniors Committee in early March on an assessment of the workload and costs of developing implementation and funding plans for a Citywide Vial of L.I.F.E.
(7) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(8) Oral communications
None presented.
(9) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of February 9, 2000, were accepted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
7c Report of the Finance and Technology Committee – February 9, 2000
Council Member Woody, Chair
Documents filed: Finance and Technology Committee minutes of February 9, 2000.
(1) Monthly Investment Report for December 1999. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated January 25, 2000, transmitting the December 1999 Investment Report.
The Committee accepted the report.
(2) IT Major Projects. Attachment: Memorandum from Director of Information Technology, Ken E. Phillips, dated February 2, 2000, providing a Status Report on Projects in the Information Technology Department.
The Committee accepted the report.
(3) Fire Fleet Assessment Report. Attachment: Memorandum from Director of General Services, Steve S. Yoshino, dated January 31, 2000, providing the Fire Fleet Assessment Report.
The Committee accepted the report.
(4) Recommendations regarding Revisions to Business Tax Childcare Exemption. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated January 5, 2000, recommending Council amend San José Municipal Code 4.76.745 to expand the current business tax exemption for family day care homes from homes that have twelve or fewer children to homes that have fourteen or fewer children.
The Committee accepted the report, with the recommendation that the City Council approve the amendment to the Business Tax Exemption for Family Day Care Homes.
Discussion/Action: See Item 9f for Council action taken
(5) Status of Expenditures from Annual $100,000 “Unfunded Projects” Appropriation. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 18, 2000, reporting on the status of expenditures from Annual $100,000 Unfunded Projects Appropriation.
The Committee accepted the report.
(6) Investment Committee Minutes for November 30, 1999. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated February 1, 2000, transmitting the Investment Committee minutes.
The Committee accepted the report.
(7) Recommendations regarding the length of service and criteria for selecting private sector Investment Committee members. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated February 1, 2000, recommending Council amend Section IV.F. of the City’s Investment Policy to: (a) Establish staggered 4-year terms of service for the three private sector members of the Investment Committee; (b) Clarify that nominations to fill Investment Committee vacancies may be made by the Mayor, Council Members and the Administration; (c) Add a requirement that private sector members of the Investment Committee be professionals who operate in the San José area and have a background in finance, investments, economics, accounting, banking, or are educators in a related field, and (d) Include in the responsibilities of the Investment Committee review of new types of debt financings being contemplated by the City, as requested by Council, Council Committees, or the Administration.
The Committee accepted the report, with the recommendation that City Council approve the amendment to the Investment Committee selection policy.
Discussion/Action: See Item 9g for Council action taken.
(8) Status of discussions with Santa Clara County regarding Use of Construction and Permit Information for Property Tax Allocation. Attachment: Letter from City Auditor Gerald Silva, dated January 24, 2000, reporting the status of said discussions with Santa Clara County.
The Committee accepted the report.
(9) Oral petitions
None presented.
(10) Adjournment
The meeting was adjourned at 11:30 a.m.
Discussion/Action: William Garbett spoke in opposition to Item 7c(5). Upon motion by Council Member Chavez, seconded by Vice Mayor Fiscalini, and unanimously carried, the Finance and Technology Committee report and actions of January 26, 2000, were accepted, with Item 7c(4) heard under item 9f and Item 7c(7) heard under Item 9g. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
7d Report of the Economic and Community Development Committee – February 7, 2000 -
Council Member Diaz, Chair
(1) Recommendations on Official City Events Program
(2) Quarterly Report on the Project Development Program
(3) Quarterly Report on the Housing Rehabilitation Program
(4) Second Quarter Report on the Housing and Homeless Fund
(5) Oral petitions
(6) Adjournment
Documents filed: None.
Discussion/Action: The February 7, 2000 Economic and Community Development Committee report was deferred to February 29, 2000.
7e Report of the Transportation and Environment Committee – February 10, 2000 - Council Member Powers, Chair
Documents filed: Transportation and Environment Committee report of February 10, 2000.
(1) Consent Calendar
There were no Consent Calendar items.
(2) Report on the Rule 20A and Rule 20B (In-Lieu Fee) Underground Utility Program and 1999/00 – 2003/04 Workplan. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 3, 2000, recommending Council: (a) Approve the proposed 1999/00-2003/04 Workplan for the Rule 20A and Rule 20B (In-Lieu Fee) Undergrounding Master Plan (the proposed Workplan includes the Capitol Avenue and Vasona LRT Corridor priorities); and (b) Direct Staff to return to Council during the FY2000-2001 Proposed Operating Budget Process with a report requesting approval to implement a $1,500 maximum grant program for private service conversions in both the Rule 20A and Rule 20B Programs; approval to use PG&E Rule 20A funds ($40,000) and General Funds ($15,000) for grant programs; and approval of the guidelines and procedures necessary to implement the grant programs.
The Committee accepted the report and recommended Council approve the Staff recommendations dated February 3, 2000.
(3) Route 87 Status Report. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated January 31, 2000, providing the Route 87 Status Report.
The Committee noted and filed the report.
(4) Annual Street Tree Maintenance and Condition Report. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated January 28, 2000, recommending Council accept the report and refer the report to the FY2000-2001 budget process for consideration of funding tree maintenance.
The Committee recommended Council approve the report and direct Staff to refer the report to the FY2000-2001 budget process for consideration of funding tree maintenance.
(5) Discussion of the T&E Workplan to Determine Status of Reports and Due Dates. Attachment: Memorandum from Tennie M. Ramirez, T&E Packet Coordinator, dated February 3, 2000, submitting the Draft Workplan dated January 31, 2000.
(5) Discussion of the T&E Workplan to Determine Status of Reports and Due Dates. (Cont’d.)
Revisions to the Draft Workplan were discussed, with no further action required.
(6) Oral petitions
None presented.
(7) Adjournment
The meeting was adjourned at 4:45 p.m.
Discussion/Action: William Garbett spoke in opposition to Item 7c(5). Upon motion by Council Member LeZotte, seconded by Council Member Matthews, and unanimously carried, the Transportation and Environment Committee report and actions of February 10, 2000, were accepted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
LAND USE AND DEVELOPMENT
8a PUBLIC HEARING and adoption of a resolution authorizing the reorganization of territory designated as McKee No. 117, which involves the annexation of 0.75 acre of land to the City of San José, located on the northwest corner of Kirk Avenue and Madeline Drive, and the detachment of the same from the Central Fire Protection District, County Library Services Area No. 1, and the County Lighting Services. CEQA: Exempt. (Planning, Building and Code Enforcement)
(Continued from 1/18/00 – Item 8b)
Documents filed: None.
Discussion/Action: This item was continued to March 7, 2000.
GENERAL GOVERNMENT
9a (1) Adoption
of resolutions authorizing the City of San José and MBIA- MuniServices Company
to have access to State Board of Equalization Sales and Use Tax Records, and
(2) Adoption
of a resolution authorizing the City Manager to negotiate and execute a
consultant agreement with MBIA-MuniServices Company for various auditing
services through June 30, 2000 in an amount not to exceed $500,000.
(Finance)
(Deferred from 1/18/00 – Item 9g et al., and 2/1/00 – Item 9f)
Documents filed: None.
Discussion/Action: This item was deferred to March 7, 2000.
9b Approval of a consultant agreement with Walker Parking Consultants for design services for the San José International Airport Consolidated Rental Car Garage and associated projects in the amount of $12,225,000, and for a term through February 1, 2005. CEQA: Resolution No. 67380. (Public Works/Airport)
(Deferred from 2/8/00 – Item 9e)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., and Director of Aviation, Ralph G. Tonseth, dated January 19, 2000, recommending approval of said agreement with Walker Parking Consultants.
Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Matthews, and unanimously carried, said agreement with Walker Parking Consultants was approved and its execution authorized. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
9c Approval of the following actions related to the Sixth & Martha Apartment Project:
(1) Hold the TEFRA Hearing for the issuance of up to $13,000,000 in tax-exempt multifamily housing revenue bonds.
(2) Adoption of a resolution:
(a) Expressing its intent to issue up to $13,000,000 in multifamily tax-exempt revenue bonds to finance the acquisition and construction of a new 103-unit family rental housing project located at Sixth and Martha Streets.
(b) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $13,000,000 in private activity bonds.
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with JSM Enterprises, or an affiliated entity, for the CDLAC Application for the Sixth & Martha Apartment Project.
Documents filed: Memorandum from Director of Housing, Alex Sanchez, and Director of Finance, John V. Guthrie, dated February 2, 2000, recommending Council hold the TEFRA Hearing and adopt said resolution.
Discussion/Action: The TEFRA Hearing was held and William J. Garbett spoke in opposition
to the proposal. Upon motion by Council Member Chavez, seconded by Vice Mayor
Fiscalini, and unanimously carried, Resolution No. 69402, entitled: “A
Resolution of the Council of the City of San José Reconfirming its Intent to
Issue Tax Exempt Debt for the Acquisition, Construction and Development of
Multifamily Housing and Taking Related Actions (Sixth & Martha Multifamily
Housing Project)”, was adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr.,
Woody.
9d Approval of the following actions related to the Almaden Plaza Apartments Multifamily Housing Project:
(1) Hold the TEFRA Hearing for the issuance of up to $10,000,000 in tax-exempt multifamily housing revenue bonds.
(2) Adoption of a resolution:
(a) Expressing its intent to issue up to $10,000,000 in multifamily tax-exempt revenue bonds to finance the acquisition and rehabilitation of an existing 108-unit apartment project located at 2431 Rinconada Drive, by RHC Communities.
(b) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $10,000,000 in private activity bonds.
(2) Adoption of a resolution:
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with RHC Communities, or an affiliated entity, for the CDLAC Application for Almaden Plaza Apartments Multifamily Housing Project.
(Finance/Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, and Director of Finance, John V. Guthrie, dated February 2, 2000, recommending Council hold the TEFRA Hearing and adopt said resolution.
Discussion/Action: The TEFRA Hearing was held
and William J. Garbett spoke in opposition to the proposal. Upon motion by Vice
Mayor Fiscalini, seconded by Council Member Chavez, and unanimously carried,
Resolution No. 69403, entitled: “A Resolution of the Council of the City of San
José Expressing its Intent to issue Tax Exempt Debt for the Acquisition and
Rehabilitation of Multifamily Housing and Taking Related Actions (Almaden Plaza
Apartments Project)”, was adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa,
Jr., Woody.
9e Approval of the following actions related to the Hidden Brooks Apartments Multifamily Housing Project:
(1) Hold the TEFRA Hearing for the issuance of up to $18,000,000 in tax-exempt multifamily housing revenue bonds.
(2) Adoption of a resolution:
(a) Expressing its intent to issue up to $18,000,000 in multifamily tax-exempt revenue bonds to finance the acquisition and rehabilitation of an existing 201-unit apartment project located at 463 Wooster Avenue, by RHC Communities.
(b) Authorizing the Director of Housing to file application with CDLAC for an allocation of up to $18,000,000 in private activity bonds.
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with RHC Communities, or an affiliated entity, for the CDLAC Application for the Hidden Brooks Apartments Multifamily Housing Project.
(Finance/Housing)
Documents filed: Memorandum from Director of Housing, Alex Sanchez, and Director of Finance, John V. Guthrie, dated February 2, 2000, recommending Council hold the TEFRA Hearing and adopt said resolution.
Discussion/Action: This item was dropped from the agenda.
9f Approval of an ordinance amending Section 4.76.745 of Chapter 4.76 of Title 4 of the San Jose Municipal Code to expand the current business tax exemption from family day care homes that have twelve (12) or fewer children to homes that have fourteen (14) or fewer children.
[Finance and Technology Committee referral 2/9/00 – Item 7c(4)]
Documents filed: (1) See Item 7c(4) for documents filed. (2) Memorandum from Senior Executive Assistant to the City Manager Deanna J. Santana, dated February 17, 2000, stating the Finance and Technology Committee recommended Council approve the proposed amendment to the Business Tax Exemption for Family Day Care Homes.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez, and unanimously carried, Ordinance No. 26059, entitled: “An Ordinance of the City of San José Amending Section 4.76.745 of Chapter 4.76 of Title 4 of the San José Municipal Code to Exempt Family Day Care Homes with Fourteen (14) or Fewer Children from Having to Pay a Business Tax”, was passed for publication. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
9g Approval of amendments to the Investment Policy to address the selection and terms of private sector members of the Investment Committee, and to add review of new types of debt financing as a Committee responsibility.
[Finance and Technology Committee referral 2/9/00 – Item 7c(7)]
Documents filed: (1) See Item 7c(7) for documents filed. (2) Memorandum from Senior Executive Assistant to the City Manager Deanna J. Santana, dated February 17, 2000, stating the Finance and Technology Committee recommended Council approve the proposed amendment to the Investment Committee selection policy.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini, and unanimously carried, said amendments to the Investment Policy were approved. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
9h Report on bids and award of contract for the Monterey Road
Mitigation Planting Re-Bid Project to the low bidder, Robert A. Bothman, Inc.,
to include the base bid only, in the amount of $327,671, and approval of a
contingency in the amount of $33,000.
CEQA: Negative Declaration. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 2, 2000, recommending award of said contract to the low bidder, Robert A. Bothman, Inc., and approval of said contingency.
Discussion/Action:
Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and
unanimously carried, the award of said contract to the low bidder, Robert A. Bothman, Inc., and a contingency in the amount
of $33,000, were approved and their execution authorized. Vote: 8-0-3-0.
Absent: Powers, Shirakawa, Jr., Woody.
9i Report on bids and award of contract for the Terminal C
South Concourse Restrooms Rebid Project to the lowest responsive bidder, Rhodes
and Kesling, Inc., in the amount of $660,000, and approval of a contingency in
the amount of $75,000. CEQA: Resolution No. 67380. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 2, 2000, recommending award of said contract to the lowest responsive bidder, Rhodes and Kesling, Inc.
Discussion/Action: Council Member Diquisto questioned the disqualification of the low bidder, AP Construction. City Attorney Doyle advised Council the low bidder, AP Construction, submitted an incomplete bid package and was disqualified as non-responsive and Council’s options are limited to awarding the contract to the lowest responsive bidder, Rhodes and Kesling, Inc., or rejection of all bids. Director of Public Works, Ralph A. Qualls stated the issue has been in progress for eight months and recommended Council approve the award to Rhodes and Kesling, whose bid was $100,000 below the Engineer’s estimate. Council Member Dando suggested approving the award to the lowest responsive bidder and requested Staff review the bid process as to its clarity to prevent similar future occurrences. Upon motion by Council Member Dando, seconded by Vice Mayor Fiscalini, and unanimously carried, the award of said contract to the lowest responsive bidder, Rhodes and Kesling, Inc., was approved and its execution authorized. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
9j Adoption of a resolution approving an agreement with John R. Griffiths, court appointed referee, on behalf of the owners of real property located south of Yerba Buena Road and west of Old Silver Creek Road, for the purchase of the property in the amount of $547,200, and authorizing the City Manager to execute the necessary documents to complete the transaction. CEQA: Negative Declaration. (Public Works)
Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated February 2, 2000, recommending adoption of said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez, and unanimously carried, Resolution No. 69404, entitled: “A Resolution of the Council of the City of San José Approving an Agreement with John R. Griffiths, Court Appointed Referee, on Behalf of the Owners of Certain Real Property for the Purchase of the Property in the Amount of $547,200 and Authorizing the City Manager to Execute the Necessary Documents to Complete the Transaction”, was adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.
ORAL COMMUNICATIONS
(1) Ross Signorino spoke about the dangers of driving
while using cell phones.
(2) Cathy Brandhorst spoke about various societal
issues.
ADJOURNMENT
The Council of the City of San José adjourned at 2:12 p.m., to a Joint Meeting with the
Redevelopment Agency immediately following, to hear Items 8a & 8b.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK