The Council of the City of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Diaz, Fiscalini, LeZotte, Matthews,
Absent: Council Members: Dando, Diquisto, Powers (all excused).
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 a.m. in Room 600 to (A) confer with Legal Counsel with respect to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Aetna Live v. City of San José; Shalhoub v. City of San José, et al.; Goode, et al. v. City of San José, et al.; and Brooks v. City of San José, et al.; (B) to confer with Legal Counsel - Anticipated Litigation - concerning a matter involving the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code; and (C) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator City Manager designee Alex Gurza, and the International Brotherhood of Electrical Workers Employee Organization.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:55 a.m. and reconvened at 1:40 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz (entered 1:45 p.m.), Diquisto, Fiscalini, Matthews (at 1:55 p.m.), Shirakawa, Jr., Woody; Gonzales
Absent: Council Members: LeZotte, Powers (both excused).
INVOCATION
The Very Reverend Armand J. Kreft, Third Dean and Sixteenth Rector of the Trinity Episcopal Cathedral, delivered the invocation. (District 3)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by
Council Member Dando and unanimously carried, the Orders of the Day and the
Amended Agenda were approved. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews,
Powers.
CEREMONIAL ITEMS
5a Swearing in of Youth
Commissioners from Districts 1, 5, and 9.
(Mayor)
Documents Filed: None.
Discussion/Action: This item was dropped.
The City Council joined Council Member Shirakawa, Jr., in welcoming the Student Council and their teacher Mrs. Vierra from G.W. Hellyer School, Franklin-McKinley School District. The honored guests were asked to stand and be recognized.
CONSENT CALENDAR
Minutes for Approval
5a(1) Regular Meeting
of January 18, 2000
Documents Filed: Minutes of regular meeting of January 18, 2000.
Discussion/Action: The Minutes were approved. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
5a(2) Joint City Council/Redevelopment Agency
Meeting of January 18, 2000
Documents Filed: Minutes of the joint meeting of January 18, 2000.
Discussion/Action: The Minutes were approved. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6a(3) Regular
Meeting of January 25, 2000
Documents Filed: Minutes of the regular meeting of January 25, 2000.
Discussion/Action: The Minutes were approved. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6a(4) Joint
City Council/Redevelopment Agency Meeting of January 25, 2000
Documents Filed: Minutes of the joint meeting of January 25, 2000.
Discussion/Action: The Minutes were approved. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
Ordinances for Final Adoption
6b(1) ORD.
NO. 26064 – Rezones certain real property situated on the west side of
North First Street between Sonora Avenue and Skyport Drive. PDC 99-07-060
[Deferred
from 3/7/00 – Item 6b(3)]
Documents
Filed: Proof of publication of the
title of Ordinance No. 26064 executed on March 7, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26064 was adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6b(2) ORD.
NO. 26066 - Amends Chapter 14.27 of Title 14 of the San José Municipal Code
relating to Community Facilities District financing procedure.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26066 executed on, March 14,
2000, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26066 was adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6b(3) ORD.
NO. 26067 – Amends Section 14.04.415 of Chapter 14.04 of Title 14 of the
San José Municipal Code to specify the change order authority of the Director
of Public Works with respect to Airport Master Plan projects and to increase
the Director’s change order authority for other Public Works projects.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26067 executed on March 14, 2000, submitted by the City
Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26067 was adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6b(4) ORD.
NO. 26068 – Amends Sections 11.48.100, 11.48.120, and 11.48.140 of Chapter
11.48 of Title 11 of the San José Municipal Code to modify the Arena Permit
Parking Area, the University Permit Parking Area, and the Civic Center Permit Parking
Area.
Documents Filed: Proof of publication of the title of Ordinance No. 26068 executed on March 14, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26068 was adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
Plans and Specifications
6d(1) TRACT
NO. 9135 – Southeast corner of Hazlett Way and Sierra Road – Kaufman &
Broad, Southbay (Developer) – 5 single family detached residential units.
Adoption of a resolution approving the final map for Tract No. 9135. CEQA: ND.
District 4. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council adopt said resolution for Tract No. 9135.
Discussion/Action: Resolution No. 69435, entitled: “A Resolution of the Council of the City of San José Approving and Accepting the Final Map of Tract No. 9135”, was adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6d(2) TRACT
NO. 9149 – East side of San Felipe Road, 1800 feet south of the Villages
Parkway – Braddock and Logan Group, II, LP, a California Limited Partnership
(Developer) – 17 single family detached units.
Approve a consent to assignment of the improvement agreement for Tract
No. 9149, from Mardel, LLC to Braddock and Logan Group, II, and the substitute
bonds provided by Braddock and Logan Group, II, LP. CEQA: ND. District 8.
(Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred to March 28, 2000.
Contracts/Agreements
6e(1) Approval
of award of open purchase orders for supplies, materials, equipment, and
services for FY 1999-2000 #27, 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 March 1, 2000, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No. 27 for FY 1999-2000 was approved and execution of the purchase orders authorized. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6e(2) Report on bids and award the purchase of
three (3) cabs and chassis with specialized bodies to the lowest responsive bidder,
Roadline Product, at a total cost of $221,879.11, including tax, for the
Department of Streets and Traffic’s painting projects, and authorization for
the Director of General Services to execute purchase orders for:
(a) The immediate purchase of three (3) units.
(b) The subsequent purchase of additional units at
the same bid price for one (1) year, without further Council action other than
the appropriation of necessary funds.
(c) Change
order up to $11,000 in contingency funding for unforeseen engineering
requirements that may arise since the publication of the bid specifications.
(General
Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated March 1, 2000, recommending Council accept the bid report, award said purchase, and authorize the Director of General Services to execute purchase orders for said specifications.
Discussion/Action: The bid report was accepted and the award of purchase to Roadline Product, the lowest responsive bidder, was approved and execution of the purchase order authorized. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6e(3) Approval of an option to purchase
additional pursuit vehicle equipment from L.C. Action (San José) at the same
bid prices, at a total cost of $24,517.81, including tax, for Police Department
vehicles and authorization for the Director of General Services to:
(a) Execute the purchase order for the immediate
purchase of pursuit vehicle equipment.
(b) Execute additional purchase orders for the
subsequent purchase of the same pursuit vehicle equipment at the same bid
price, for six (6) months, without further Council action other than the
appropriation of necessary funds.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated March 1, 2000, recommending Council approve said purchase option, and authorize the Director of General Services to execute the purchase orders.
Discussion/Action: The option to purchase additional equipment from L.C. Action at the same price was approved and execution of the purchase orders authorized. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6e(4) Adoption
of a resolution accepting an irrevocable offer of dedication of parkland from
Irvine Apartment Communities, L.P., for park purposes and approval of a turnkey
Parkland Agreement with Irvine Apartment Communities for PD Permit No’s. PDA
99-01-025, PDA 99-01-028 and PDA 99-01-029. CEQA: Resolution No. 68667. (Parks,
Recreation and Neighborhood Services)
Documents Filed: None.
Discussion/Action: This item was deferred to April 4, 2000.
6e(5) Approval
of a grant award agreement with the Police Amateur Athletic Foundation (PAAF)
to assist with expenses associated with hosting the 2001 California Police and
Fire Summer Games for the period July 1, 1999 to June 30, 2000, in the amount
of $125,000. (Police)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated March 1, 2000, recommending Council approve said agreement.
Discussion/Action: The 2001 Police and Fire summer games grant award agreement with Police Amateur Athletic Foundation was approved and execution of the agreement authorized. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6e(6) Report on bids for the Starbird Park
Renovation Project, relieve the low bidder, Bugler Construction, Inc., of its
bid without forfeiture of its bid bond due to mistake, and award of contract to
the second low bidder, A.P. Construction Co., Inc., in the amount of $281,883,
and approval of a contingency in the amount of $14,000. CEQA: Exempt.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 1, 2000, recommending Council relieve the low bidder of its bid and award said contract to the second low bidder.
Discussion/Action: The bid report was accepted and Bugler Construction, Inc., was relieved of its bid without forfeiture of its bid bond, and award of contract to A.P. Construction Co., Inc., the second low bidder, was approved and execution of the contract authorized. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6e(7) Approval
of the second amendment to the agreement with Robinson, Mills and Williams
Associates, Inc. for consultant services for the Fire Station No. 1
Reconstruction Project, extending the term of the agreement by nine (9) months,
from April 1, 2000 to December 31, 2000, at no additional cost to the City.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 1, 2000 recommending Council approve said amendment.
Discussion/Action:
The second amendment to the consultant services agreement with Robinson, Mills
and Williams Associates, Inc., was approved and execution of the amendment authorized.
Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
Routine Legislation
6f(1) Approval
of City Auditor Gerald Silva’s travel calendar from January 1 to June 30, 2000,
at an estimated cost to the City of approximately $917. (City Auditor)
Documents Filed: Letter from City Auditor, Gerald A. Silva, dated March 3, 2000, requesting approval of said travel calendar.
Discussion/Action: The City Auditor’s travel calendar was approved. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6f(2) Adoption
of appropriation ordinance and funding sources resolution amendments in the
Services for Redevelopment Capital Projects Fund with a net impact to the fund
in the amount of $735,200, for various City services related to
the Civic Plaza Project. (City
Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated February 28, 2000, recommending Council approve said appropriation ordinance and funding sources resolution amendments.
Discussion/Action:
Ordinance No. 26071, 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 $735,200 for Various City Services
Related to the Civic Plaza Project; and Providing That This Ordinance Shall
Become Effective Immediately Upon Adoption”; and. Resolution
No. 69436, entitled: “A Resolution of the Council of the City of San José
Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for
the Fiscal Year 1999-2000 to Adjust Revenues in the Services for Redevelopment
Capital Projects Fund”, were adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte,
Matthews, Powers.
6f(3) (a) Adoption
of a resolution accepting a grant award of $46,619 from the County of Santa
Clara to support the City of San José’s Census 2000 outreach efforts and
authorizing the City Manager to negotiate and execute the agreement between the
City and the County of Santa Clara.
(b) Adoption
of related appropriation ordinance and funding sources resolution amendments in
the General Fund in the amount of $46,619.
(City Manager’s Office)
Documents
Filed: Memorandum from Budget Director Larry D. Lisenbee, and Senior
Executive Assistant Deanna J. Santana, dated, March 1,
2000, recommending Council adopt said resolution and related appropriation
ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Resolution No. 69437, entitled: “A Resolution of the Council of the City of San José Accepting a Grant Award of $46,619 From the County of Santa Clara to Support City’s Census 2000 Outreach Efforts and Authorizing the City Manager to Negotiate and Execute the Related Grant Agreement Between the County of Santa Clara and City”; Ordinance No. 26070, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund to the Office of the City Manager to Accept a Grant in the Amount of $46,619 From the County of Santa Clara to Support the City of San José’s Census 2000 Outreach Efforts; and Providing That This Ordnance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69438, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 68980 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1999-2000 to Adjust Revenues in the General Fund”, were adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6f(4) Adoption
of appropriation ordinance amendments in the Supplemental Law Enforcement
Services (SLES) Fund for Fiscal Year 1999-2000 in the amount of $44,000 for the
Police CAD System Firewall.
(Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated March 1, 2000, recommending Council adopt said appropriation ordinance amendments in the Supplemental Law Enforcement Services Fund.
Discussion/Action:
Ordinance No. 26072, entitled: “An Ordinance of the City of San José Amending
Ordinance No. 25916 Which Appropriates Moneys in the Supplemental Law
Enforcement Services Fund (4#14) in the
Amount of $44,000 For the Police CAD System Firewall; and Providing That This
Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote:
7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6f(5) Approval
of Council Member Charlotte Powers’ travel to Washington, D.C., March 18-22,
2000, to attend the American Association of Airport Executives and Airports
Council International 2000 Spring Washington Conference. Funding: Airport.
(Powers)
Documents Filed: None.
Discussion/Action: The travel for Council Member Powers to attend the conferences in Washington, D.C. was approved. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
6f(6) Adoption
of a resolution amending Resolution No. 69136 to establish changes in speed
limits to San José Avenue, from Almaden Expressway to Monterey Road, from 25
miles per hour to 30 miles per hour.
CEQA: Exempt. (Streets and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated March 1, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69439, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69136 to Establish Changes in Speed Limits to San José Avenue, From Almaden Expressway to Monterey Road, From 25 Milers Per Hour to 30 Miles Per Hour”, was adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
COMMISSION,
COMMITTEE, AND STANDING REPORTS
7a Report
of the Committee of the Whole – January 20, 2000
Documents Filed: Committee of the Whole Report of January 20, 2000.
(1) Investing in Results Follow-Up. Attachments: (1) Memorandum from City Manager, Del Borgsdorf, dated January 12, 2000, summarizing the themes of the Council’s feedback from prior meetings and presenting the framework for future sessions on the Council’s goals and priorities for city service areas. (2) Memorandum from Assistant to the City Manager, Pamela Jacobs, dated January 12, 2000, providing the agenda for the January 20, 2000 meeting.
The Committee accepted the status report on the four themes discussed during the December 1999 meetings and Staff was directed to formulate guidelines for continuing the process leading to the development of performance measures.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried the Committee of the Whole Report of January 20, 2000 was accepted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
7b Report
of the Rules Committee - Meeting of March 1, 2000
Documents Filed: Rules Committee Report of March 1, 2000.
(1) Review March 14, 2000 Draft Agenda
The Committee cancelled the March 14, 2000 City Council meeting.
(2) Add New Items to March 7, 2000 Amended Agenda
The Committee recommended four additions and one change to the March 7, 2000 City Council Agenda.
(3) Meeting Schedules
The Committee recommended a change in schedule for the Public Hearing on the Mayor’s Budget Message from March 20, 2000, 7:00 p.m. to March 21, 2000 at 1:30 p.m.
(4) The Public Record. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated February 24, 2000, listing the items transmitted to the Administration for the Public Record for the period February 16-22, 2000. (2) Memorandum from Senior Executive Assistant, Acting Council Liaison Deanna J. Santana, dated February 24, 2000, noting disposition of the items transmitted to the Administration and filed for the Public Record for the period February 16-22, 2000.
The Committee noted and filed the Public Record for the period February 9-15, 2000.
(5) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None Presented.
(6) Oral communications
None Presented.
(7) Adjournment
The meeting was adjourned at 2:05 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, the Rules Committee Report and actions of March 1, 2000 were accepted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
7b Report
of the Rules Committee - Meeting of March 8, 2000
Documents Filed: Rules Committee Report of March 8, 2000.
(1) Review March 21, 2000 Draft Agenda. Attachment: Memorandum from Council Member Matthews, dated March 8, 2000, requesting the addition of one item to the March 21, 2000 evening session of the City Council Agenda.
The Committee approved the March 21, 2000 City Council Agenda with one addition; and referred Council Member Matthews’ item regarding the proposed Alviso Youth Center and Alviso Park to the Administration for a report back at the March 22, 2000 Rules Committee meeting regarding an assessment of the time and resources involved to complete the request.
(2) Add New Items to March 14, 2000 Amended Agenda
This item was dropped. The Meeting was cancelled.
(3) Meeting Schedules
None Presented.
(4) The Public Record. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated March 2, 2000, listing the items transmitted to the Administration and the items filed for the Public Record for the period February 23-29, 2000. (2) Memorandum from Senior Executive Assistant, Acting Council Liaison Deanna J. Santana, dated March 2, 2000, noting disposition of the items transmitted to the Administration and those filed for the Public Record.
The Committee noted and filed the Public Record for the period February 23-29, 2000.
(5) Request to use Council General Funds to attend the National League of Cities Congressional City Conference 2000 and the American Public Transit Association Legislative Conference in Washington, D.C., March 11-15, 2000. Attachments: (1) Memorandum from Council Member Powers, dated March 1, 2000, submitting authorization for use of Council General Funds to attend said meeting. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated March 2, 2000, complying with Council Policy 9-5 regarding requests to use Council General Funds.
The Committee recommended approval for Council Member Powers’ use of Council General funds to attend the National League of Cities Congressional City Conference 2000 and the American Public Transit Association Legislative Conference in Washington, D.C., March 11-15, 2000.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee. Attachment: Redevelopment Agency request to Rules to refer to the Economic and Community Development Committee a discussion of a proposed amendment to the Sign Ordinance.
The Committee referred “Discussion of a proposed amendment to the Sign Ordinance to allow skyline signs in the Julian-Stockton Redevelopment Project Area (Mayor/Council Member Chavez)” to the Economic and Community Development Committee meeting of April 3, 2000.
(7) Oral communications
None Presented.
(8) Adjournment
The Committee meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, the Rules Committee Report and actions of March 8, 2000 were accepted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
7b Report
of the Rules Committee - Meeting of March 15, 2000 (Partial)
Documents Filed: Rules Committee Report of March 15, 2000 (Partial). Attachments: (1) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 14, 2000, submitting a report on the proposed Alviso Youth Center negotiations, work program and master plan timeline. (2) Memorandum from Senior Executive Assistant, Acting Council Liaison Deanna J. Santana, dated March 17, 2000, noting the addition of Devcon Construction as a source for potential funding for the proposed Alviso Youth Center Project.
(5) Report back on Council Referral to Administration regarding:
(a) Direction to the City Manager to commence negotiations with the Santa Clara Unified School District, Legacy Partners, Cisco Systems, and Devcon Construction regarding funding and construction of the proposed Alviso Youth Center
(b) Direction to the City Manager to begin to develop a masterplan to redesign and expand Alviso Park
The Committee accepted the report from Director of Parks, Recreation and Neighborhood Services, Mark Linder, outlining the negotiations, work program and master plan timeline for the Alviso Youth Center Project and the Alviso Park Master Plan.
Discussion/Action: See Item 9l for Council action taken.
7c Report
of the Finance and Technology Committee – March 8, 2000
Documents Filed: Finance and Technology Committee Report of March 8, 2000.
(1) Monthly Investment Report for January 2000. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated February 24, 2000, transmitting the January 2000 Investment Report.
The Committee accepted the report.
(2) Report and Status of Landfill Reviews. Attachment: Memorandum from Director of Finance, John V. Guthrie, dated February 29, 2000, presenting an update on the status of the disposal facility reviews.
The Committee accepted the Staff report and requested that the Finance Department and ESD meet and report back on possible recycling incentives.
(3) Recommendations re: Banking Services Providers Selected Through RFP Process Attachment: Memorandum from Director of Finance, John V. Guthrie, dated February 25, 2000, recommending Council take appropriate action related to the City’s banking and securities custody services.
The Committee accepted the Staff reports with the amendment that Staff return to the Finance and Technology Committee with a description of the terms prior to presentation to Council.
(4) Police Dept. Bureau of Field Operations Patrol Staffing & Deployment. Attachment: Document entitled “An Audit of the Police Department – Bureau of Field Operations Patrol Division’s Staffing and Deployment”, dated February 2000.
The Committee accepted the Staff report and administrative response and recommended that the responses be used as background information for the Police Department’s development of the Department’s Long-Range Community Policing Strategic Plan.
(5) IT Master Plan Update. Attachment: Memorandum from Information Technology Director, Kenneth E. Phillips, dated February 29, 2000, recommending acceptance of the status report on the strategic master plan for the Information Technology Department.
The Committee accepted the Staff report.
(6) Oral petitions
William J. Garbett spoke on the IT Master Plan Process.
(7) Adjournment
The Committee meeting was adjourned at 11:30 a.m.
Discussion/Action: Upon motion by Council Member Woody, seconded by Vice Mayor Fiscalini and unanimously carried, the Finance and Technology Committee Report and actions of March 8, 2000 were accepted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
7d Report
of the Economic and Community Development Committee - March 6, 2000
Documents Filed: Economic and Community Development Committee Report of March 6, 2000.
(1) Quarterly Public Art Workplan Approval. Attachment: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated February 18, 2000, recommending acceptance of the 2000 Public Art Program First Quarterly status report.
The Committee recommended approval of the Workplan.
(2) Recommendations on Official City Events Program
The Committee recommended deferral of this item to April 3, 2000.
(3) Replacement Housing Plan for Redevelopment Projects
The Committee accepted the oral presentation and City Staff clarification of administrative policies.
(4) Office of Economic Development, Report of Activities: July 1 to December 31, 1999. Attachment: Memorandum from Director of Economic Development, Leslie S. Parks, dated February 18, 2000, recommending acceptance of the activities report and referral of the report to Council for review.
The Committee recommended acceptance of the Report.
(5) Oral petitions
None Presented.
(6) Adjournment
The Committee meeting was adjourned at 3:02 p.m.
Discussion/Action: William J. Garbett spoke against the action proposed in Item 7d(1). Upon motion by Council Member Diaz, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Economic and Community Development Committee Report and actions of March 6, 2000 were accepted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
GENERAL GOVERNMENT
9a Approval
of the third amendment to the agreement with the City of Milpitas to secure
additional engineering design and construction services for South Bay Water
Recycling, increasing the maximum amount payable by $11,125,331 for a total not
to exceed $12,155,631. CEQA: Resolution No 64667. (Environmental Services)
(Deferred
from 2/29/00 – Item 9b)
Documents
Filed: (1) Memorandum from Director of Environmental Services, Carl W.
Mosher, dated February 9, 2000, recommending Council approve the amendment to
said agreement. (2) Supplemental report from San José/Santa Clara Water
Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob
Livengood, dated February 11, 2000, recommending approval of the third
amendment to said agreement.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr. and unanimously carried, the third amendment to the agreement with the City of Milpitas was approved and its execution authorized. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
9b Adoption
of a resolution in connection with delivery of a new credit facility and
remarketing of the Variable Rate Demand Multifamily Housing Revenue Bonds
(Almaden Lake Village Apartments) Series 1997A (the “1997A Bonds”), and authorizing
the issuance of Variable Rate Demand Multifamily Housing Revenue Refunding
Bonds (Almaden Lake Village Apartments) Series 2000A (the “2000A Bonds”),
including:
(1) Approving
in substantially final form an Amended and Restated Trust Indenture, Amended
and Restated Regulatory Agreement, Financing Agreement, Assignment and
Intercreditor Agreement, Remarketing Agreement, Official Statement and Bond
Purchase Agreement; and authorizing the Director of Finance and Housing to
execute and, as appropriate, to negotiate and deliver these documents and other
related documents.
(2) Authorizing
the appointment of Banc One Capital Markets, Inc. as Underwriter for the 2000A
Bonds and Remarketing Agent for the 1997A and the 2000A Bonds.
(Finance/Housing)
(Deferred from 3/7/00 – Item 9c)
Documents Filed: (1) Supplemental memorandum from Director of Finance, John V. Guthrie, dated March 1, 2000, transmitting a copy of the draft Official Statement prepared by the Finance and Housing Departments. (2) Memorandum from Director of Finance John V. Guthrie, and Director of Housing Alex Sanchez, dated February 14, 2000, recommending Council adopt said resolution.
Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr. and unanimously carried, Resolution No. 69440, entitled: “A Resolution of the Council of the City of San José, California, Authorizing the Issuance of Multifamily Housing Revenue Refund Bonds in a Principal Amount Not to Exceed $2,000,000, Approving and Authorizing the Execution of and Delivery of an Amended and Restated Indenture, a Financing Agreement, an Amended and Restated Regulatory Agreement, an Intercreditor Agreement, a Bond Purchase Agreement and a Remarketing Agreement and Various Documents Related Thereto; Approving an Official Statement for the Bonds Described Herein, and Determining and Prescribing Certain Matters Relating to the Bonds; Ratifying Any Action Heretofore Taken and Approving Related Matters in Connection With the Almaden Lake Village Apartments”, was adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
9c Adoption
of a resolution authorizing the City Manager to negotiate and execute an
agreement with Fullerton and Friar, Inc. and Public Resources Advisory Group to
serve as co-financial advisors for the Airport Master Plan Phase I Project for
the period January 3, 2000 to June 30, 2001, in an amount not to exceed
$300,000, with four (4) one (1) year options for renewal at the City’s sole
discretion.
(Finance/Airport)
Documents Filed: Memorandum from Director of Finance John V. Guthrie, and Director of Aviation Ralph G. Tonseth, dated March 1, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Diquisto, seconded by Council Member Chavez and unanimously carried, Resolution No. 69441, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With Fullerton and Friar, Inc. and Public Resources Advisory Group to Serve as Co-Financial Advisors for the Airport Master Plan Phase I Project”, adopted. Vote: 7-0-4-0. Absent: Diaz, LeZotte, Matthews, Powers.
Council Members Diaz and Matthews entered the meeting during discussion of Item 9d.
9d Report on Request for Proposal for Management of
Airport Shuttle Bus Personnel and Scheduling with the following
recommendations:
(1) Approval of recommendation to reject all
proposals and direction to issue a new Request for Proposal after review of
prevailing wage rate and consideration of an option for Rental Car facility bus
service.
(2) Adoption of a resolution to authorize the City
Manager to negotiate and execute an interim agreement with ShuttlePort
California, LLC for the period April 1, 2000 to September 30, 2000.
(Airport/General Services)
(General Services/Airport)
Documents Filed: (1) Memorandum from Director of General Services Steve S. Yoshino, and Director of Aviation Ralph G. Tonseth, dated March 17, 2000, recommending Council accept the report and approve Staff recommendation to reject all proposals and adopt said resolution. (2) Correspondence from RVG Transportation, dated March 20, 2000, requesting a postponement of Council action to allow RVG to provide the Airport with a six-month extension term rate. (3) Hard copy of the Staff presentation on the basic hourly rate comparison for the bid proposers.
Discussion/Action:
Director of General Services Steve S. Yoshino, and Assistant Aviation Director
William Potter summarized background information on the proposals for the
management of the shuttle bus service at the Airport, including the option for
rental car facility bus service, and reviewed the outcome of the RFP process
which resulted in seven proposals and interviews. Assistant Director Potter
stated the current agreement for the Airport Shuttle Bus service provider
expires on March 31, 2000, in anticipation of that date, City Staff mailed on
January 24, 2000 a Request for Proposal to 12 vendors for submittal of basic
hourly rates per bus for each hour of operation in the provision of services on
the Airport Shuttle Bus. He stated pre-proposal meetings and interviews were
held in February 2000; and because of unresolved issues involving
living/prevailing wage determinations and employee retention provisions, Staff
is recommending no award for a permanent three-year contract be made at this
time. He stated the rental car operations, in approximately four to six weeks,
will be relocated from Terminal A garage and Terminal C short-term parking
areas to what was formerly known as the long-term “Green” lot parking
operations at the north end of the Airport. He stated the issuance of a new
Request for Proposal is necessary to provide continuity of shuttle bus
transportation to passengers between the terminals and the rental car lot.
Since the requirements for car rental shuttle service were not included in the
original RFP issued in January, because of the operational requirements for the
shuttle service and the uncertainty of the timing of the rental car move, he
stated City Staff is recommending for the interim period Council approval of a
six-month agreement with ShuttlePort, including an interim rental car shuttle
service. He stated ShuttlePort’s only business is passenger transportation,
they do not handle parking or any other operational service. He stated
ShuttlePort’s airport experience includes Sky Harbor International Airport in
Phoenix, Arizona, Metropolitan Washington Airports Authority in Washington
D.C., and Orlando International Airport in Orlando, Florida – as well as other
airports comparable in size and scope of service to San José International.
Using transparencies of the basic hourly rate comparisons between ShuttlePort
and RVG, he stated the rates submitted by RVG were well in excess of the
competitive rates submitted by ShuttlePort; and based on discussions with RVG, City
Staff has concluded that RVG would not submit a competitive bid for the
proposed extension to the services; therefore, Staff’s efforts were
concentrated on discussions with ShuttlePort. He recommended Council approve
the interim agreement and authorize the City Manager to negotiate and execute
the ShuttlePort agreement for parking and rental car service. Mel Pritchard,
representing SEIU Local 1877, expressed the Union’s concern regarding worker
retention during the interim contract.
Attorney
Robert Mason representing RV Goebel Family, Inc. opposed the award of contract
to ShuttlePort, and asked for a postponement of Council action to allow RVG the
opportunity to submit a proposal. Subsequent to Council discussion of the RFP
process compared to bid proposals, City Attorney J. Richard Doyle advised
Council of a potential alternative to either direct Staff to provide RVG with a
bid proposal similar to that offered to ShuttlePort for immediate response, or
authorize the City Manager to negotiate terms and conditions of an interim
contract for parking and rental car service. Given the April 1, 2000 expiration
date of the present contract,
he recommended Council delegate authority to the City Manager to negotiate,
under specific parameters, (1) a six-month contract for shuttle bus operations;
(2) to include current SEIU union compensation rates paid employees; (3) to
include the right of the City to terminate on 30-days notice the shuttle bus
services if not performed to specifications; (4) that services will include
rental car operations for the interim period; and (5) that compensation rate
per bus hour shall not exceed $42.66. He stated the City Manager would
negotiate with other providers, in the event RVG does not accept the proposed
offer. Vice Mayor Fiscalini suggested that the City Manager return to Council
on March 28, 2000 with RVG’s response to the offer, or be prepared to award the
contract to any other qualified and responsive contractor. Council Member
Chavez noted her reluctance to support the recommendation, especially with
respect to worker retention, noting she would have preferred alternatives with
specifications. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and carried,
Resolution No. 69442, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute An Interim Agreement
for Airport Shuttle Bus Services for the Period of April 1, 2000 to September
30, 2000”, was adopted and the City Manager directed to explore with RVG the
current bid proposal and return to Council on March 28, 2000 with a status report on the results of the negotiations.. Vote: 7-2-2-0. Noes:
Diaz, Chavez. Absent:
LeZotte, Powers.
9e Approval
of:
(1) Environmental
Services Department’s equipment maintenance to be transferred to General
Services commencing July 1, 2000.
(2) Environmental
Services Department to continue to own the fleet and General Services to
provide fleet management, acquisition, maintenance, and repair services to
Environmental Services Department.
(3) Environmental
Services Department to provide appropriate funding in the Fiscal Year
2000-2001 Budget.
(General Services/Environmental Services)
Documents
Filed: (1) Memorandum from Director of General Services Steve S. Yoshino,
and Director of Environmental Services Carl W. Mosher, dated March 1, 2000,
recommending Council approve Staff recommendation regarding ESD fleet consolidation.
(2) Supplemental report from San José/Santa Clara Water Pollution Control
Plant, Treatment Plant Advisory Committee Chairperson Bob Livengood, dated
March 10, 2000, recommending approval of fleet consolidation.
Discussion/Action: Don Dietrich, representing Operating Engineers Local 3, spoke in favor of the Union’s right to exercise their meet and confer provisions. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Staff recommendation for consolidating fleet maintenance and vehicle repair was approved. Vote: 9-0-2-0. Absent: LeZotte, Powers.
9f Adoption
of a resolution authorizing the City Manager to negotiate and execute an
agreement with AMPCO System Parking for Downtown Parking Operations subject to
the following terms and conditions:
(1) The
initial term will be from April 1, 2000 to March 31, 2003.
(2) The
Director of Streets and Traffic will be authorized to exercise the option to
extend the term for three (3) additional one-year periods.
(3) Subsequent
annual compensation for the additional two (2) years of the initial term shall
be subject to City Council approval of funding each year.
(4) Annual
compensation increases shall be based upon negotiated labor rates of the
Contractor for those employees covered by a labor agreement, and the Consumer
Price Index (not to exceed 5%) for those employees not covered by a labor
agreement, the management fee and the additional compensation for superior
customer service.
(5) The
maximum compensation for basic parking operations for the initial one-year term
shall not exceed $2,298,000, plus $297,000 for implementation of a new pilot
valet parking service, plus an additional $100,000 in contingency funding for
changing parking conditions for a total first year compensation of $2,695,000.
(General Services/Streets and Traffic)
Documents Filed: Memorandum from Director of Streets and Traffic Wayne K. Tanda, and Director of General Services Steve S. Yoshino, dated March 10, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diquisto and unanimously carried, Resolution No. 69443, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement for Downtown Parking Operations with AMPCO System Parking for the Period of April 1, 2000 to March 31, 2003 at a Cost of No More Than $2,695,000 for the First Year With An Option to Extend the Term for Three Additional One-Year Periods”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
Council Member Diquisto left Chambers during discussion of Item 9g.
9g Adoption
of a resolution:
(1) Approving
business terms for a permanent loan of up to $3,420,000 to Pensione Bird SRO
Limited Partnership for a 110-unit Single-Room Occupancy housing project
affordable to extremely low and very low-income households on a .93 acre site
located on the southeast corner of Bird Avenue and Columbia Avenue.
(2) Authorizing
the Director of Housing to negotiate and execute all necessary documents on
behalf of the City.
(Housing)
Documents Filed: Memorandum from Director of Housing, Alex Sanchez, dated March 1, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69444, entitled: “A Resolution of the Council of the City of San José (i) Approving Business Terms for a Permanent Loan of Up to $3,420,000 to Pensione Bird SRO Limited Partnership for the Development of a 110-Unit Single Room Occupancy Housing project Affordable to Extremely Low and Very Low-Income Households on a .93-Acre Site Located on the Southeast Corner of Bird Avenue and Columbia Avenue, and (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents to Implement the loan on Behalf of the City in Accordance With the Approved Business Terms”, was adopted. Vote: 9-0-2-0. Absent: LeZotte, Powers.
9h TEFRA Hearing relating to the issuance of
tax-exempt multifamily housing revenue bonds by the California Statewide
Communities Development Authority for the acquisition and rehabilitation of the
Park Sequoia Apartment Project, located at 2950 Story Road. (Housing/Finance)
Documents Filed: (1) Memorandum from Director of Housing Alex Sanchez, and Director of Finance John V. Guthrie, dated February 29, 2000, recommending Council hold the Hearing for said bond issuance. (2) Notice of Public Hearing for approval to issue tax-exempt revenue bonds for the subject project, dated February 29, 2000, and Proof of Publication executed on March 3, 2000, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the TEFRA hearing related to the issuance of tax exempt revenue bonds for the