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: Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa Jr., Woody; Gonzales
Absent: Council Members: Chavez, Dando (both excused)
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 a.m. in Room 600 (A) to confer with Legal Counsel with respect to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the case of Rosendin Electric, Inc. v. City of San José; (B) to confer with Legal Counsel - Anticipated Litigation - concerning two (2) matters involving the initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code; and (C) for the purpose of conducting Public Employment/Public Employee Appointment, Fire Chief, pursuant to Government Code Section 54957.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz (entered Chambers at 1:45 p.m.), Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa Jr., Woody (entered Chambers at 2:05 p.m.); Gonzales
Absent: Council Members: None.
Jose and Raquel Plascencia, who attend Sylvandale High School and Seven Trees Elementary School, respectively, sang "De Colores" in memory of Cesar E. Chavez, whose birthday is March 31st
(District 3)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr. and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-2-0. Absent: Diaz, Woody.
CEREMONIAL ITEMS
5a Presentation of
proclamation welcoming Cirque du Soleil to San José.
(Conventions, Arts, and Entertainment)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented the proclamation to Elizabeth Ann Dayle, who expressed the Troupe’s appreciation for the opportunity to perform in San José. (See Item 11a for additional Council action taken.)
Council Member Diaz entered Chambers at this point in the meeting.
5b Presentation of
proclamation declaring April 17-21, 2000 as Earth Week and April 22, 2000 as
Earth Day. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 15, 2000, requesting the issuance of a proclamation declaring the week of April 17, 2000 as “Earth Week”, and recognizing April 22, 2000 as “Earth Day”.
Discussion/Action: Mayor Gonzales presented the proclamation to Director of Environmental Services, Carl W. Mosher, who invited the citizens of San José to participate in Earth Day activities scheduled throughout the month of April 2000.
5c Presentation of
proclamation declaring April 2000 as Earthquake Preparedness Month. (Office of Emergency Services)
Documents Filed: Memorandum from Director of the Office of Emergency Services, Frances E. Winslow, PhD, dated March 8, 2000, recommending Council proclaim April 2000 as “Earthquake Preparedness Month”.
Discussion/Action: Joining Mayor Gonzales at the Podium, Jerry Bileck of Radio Amateurs Civil Emergency Service (R.A.C.E.S.), San José, accepted the proclamation on behalf of the Office of Emergency Services and Dr. Frances Winslow, Director.
Council Member Dando left Chambers at this point in the meeting.
5d Presentation of
proclamation declaring April 2000 as San José Beautiful Month. (Parks, Recreation and Neighborhood
Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 8, 2000, requesting the issuance of a proclamation acknowledging April 2000 as “San José Beautiful Month”.
Discussion/Action: Joining Mayor Gonzales at the Podium, Monica Devencenzi of San José Beautiful accepted the proclamation and acknowledged the hard work and dedication of the volunteers participating in the beautification projects in the City of San José.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 9-0-2-0. Absent: Dando, Woody.
Minutes for Approval
6a(1) Regular Meeting of
February 1, 2000
Documents Filed: Minutes of the regular meeting of February 1, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
6a(2) Regular Meeting of
February 8, 2000
Documents Filed: Minutes of the regular meeting of February 8, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
6a(3) Joint City
Council/Redevelopment Agency Meeting of February 8, 2000
Documents Filed: Minutes of the joint meeting of February 8, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
6a(4) Regular Meeting of
February 15, 2000
Documents Filed: Minutes of the regular meeting of February 15, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-2-0. Absent: Dando, Woody.
Plans and Specifications
6d(1) TRACT NO. 9231 –
Northeast corner of Dove Hill Road and Deans Place Way – Ryland Homes of
California Inc., a Delaware Corporation (Developer) – 7 single family detached
residential units. Adoption of a
resolution approving the final map for Tract No. 9231. CEQA:
ND. District 8. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 15, 2000, recommending Council adopt said resolution related to actions for Tract No. 9231.
Discussion/Action: Resolution No. 69449, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9231”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
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 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)
[Deferred from 3/21/00 – Item 6d(2)]
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 14, 2000, recommending Council approve the consent to said agreement for Tract No. 9149.
Discussion/Action: The consent to assignment of the improvement agreement for Tract No. 9149 was approved and its execution authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6d(3) TRACT NO. 9204 –
North side of Auzerais Avenue between Meridian Avenue and Race Street – Midtown
Housing Partners, a California General Partnership (Developer) – 62 single
family attached residential units. Approval of the abandonment of portions of
Auzerais Avenue, a parkland agreement, and adoption of resolutions approving
the plans, final map, and contract for Tract No. 9204. CEQA:
ND. District 6. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 21, 2000, recommending Council approve said abandonment and agreement and adopt said resolutions.
Discussion/Action:
William J. Garbett spoke against the proposed action. The abandonment of
portions of Auzerais Avenue and the parkland agreement were approved and
execution of the agreement authorized; and Resolution No. 69450, 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. 9204”; Resolution No.
69451, entitled: “A Resolution of the Council of the City of San José Approving
and Accepting Final Map of Tract No. 9204”; and Resolution No. 69452, 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.
9204”, were adopted.
Vote: 9-0-2-0. Absent: Dando, Woody.
Contracts/Agreements
6e(1) Approval of a
continuation agreement with Kolano Design, Inc. to extend the term of the
consultant agreement for preparation of the San José International Airport Comprehensive
Signage Program to December 31, 2000, at no additional cost to the City. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated March 8, 2000, recommending Council approve said agreement.
Discussion/Action: The continuation agreement with Kolano Design, Inc., was approved and execution of the agreement authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(2) Approval of a
continuation agreement of the Grow-in and Equipment Purchase Agreement with San
José Golf, LLC for the Rancho del Pueblo Golf Course to cover the period August
19, 1999 to April 20, 2000, inclusive, at no additional cost to the City. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated March 9, 2000, recommending Council approve said agreement.
Discussion/Action: The continuation agreement with San José Golf, LLC was approved and execution of the agreement authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(3) Approval of an agreement
with Harding Lawson Associates to provide landfill monitoring and reporting
services for the period March 31, 2000 to March 31, 2001, in an amount not to
exceed $120,000. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 8, 2000, recommending Council approve said agreement.
Discussion/Action: The reporting services agreement with Harding Lawson Associates was approved and its execution authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(4) Adoption of a resolution
authorizing the City Manager to negotiate and execute an agreement with the
City of Milpitas for the conveyance of a permanent sanitary sewer easement and
a temporary construction easement and to execute all documents necessary to
complete the transaction, to allow Milpitas to construct a new sanitary sewer
force main across San José/Santa Clara Water Pollution Control Plant (WPCP)
property, approximately 3,000 feet north of Route 237 and east and west of
Zanker Road. CEQA: ND.
(Environmental Services)
Documents Filed: None.
Discussion/Action: This item was deferred to April 11, 2000.
6e(5) Approval of Contract
Change Order No. 2 for FY 97/98 Capital Improvement Program, Filter Backwash Piping
Replacement with Anderson Pacific Engineering Construction, Inc., in an amount
not to exceed $20,000, for a total contract amount of $552,000, with no
contract time extension. (Environmental
Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 8, 2000, recommending Council approve said contract change order. (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 said contract change order.
Discussion/Action: Contract Change Order No. 2 with Anderson Pacific Engineering Construction, Inc., was approved and its execution authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(6) Approval of award of open
purchase orders for supplies, materials, equipment, and services for FY
1999-2000 #28, 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 8, 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. 28 for Fiscal Year 1999-2000 was approved and execution of the purchase orders authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(7) Adoption of a resolution
authorizing the City Manager to negotiate and execute a cooperation agreement
with The Tech Museum of Innovation in order to submit a joint grant
application, The Tech Museum’s National Leadership Grant application, to the
Institute of Museum and Library Services, and to execute all documents related
to the agreement and grant application.
(Library)
Documents
Filed: Memorandum from City Librarian, Jane
Light, dated March 8, 2000, recommending Council adopt said resolution.
Discussion/Action: This item was dropped from the Agenda.
6e(8) Adoption of a resolution
authorizing the City Manager to negotiate and execute an amendment with Staton
& Hughes to:
(a) Expand
the scope of services to include the design of new marketing tools to educate
the community, specifically parents, senior citizens, and teachers about the
Library’s online and electronic services, and six (6) months of public
relations activities.
(b) Extend
the term of the agreement by six (6) months, from June 30, 2000 to December 31,
2000.
(c) Increase
the total amount of compensation by $136,000, from $33,000 to $169,000.
(Library)
Documents Filed: Memorandum from City Librarian, Jane Light, dated March 8, 2000, recommending Council approve an amendment to the agreement with Staton & Hughes.
Discussion/Action: Resolution No. 69453, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Amendment to the Agreement With Staton & Hughes for Library Outreach Services in an Additional Amount Not to Exceed $136,000 for a Total Amount Not to exceed $169,000”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(9) Adoption of a resolution
authorizing the City Manager to negotiate and execute an agreement with David
J. Powers & Associates, Inc. for the preparation of the Housing Element
Update, Housing Opportunities Study, and Area Development Policies
Environmental Impact Report in the amount of $207,900, for the period April 1,
2000 to December 31, 2000. (Planning,
Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 8, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69454, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With David J. Powers & Associates, Inc. for the Preparation of An Environmental Impact Report for the Housing Element Update, Housing Opportunities Study and Area Development Policies”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(10) Approval of a three-year
lease with Westlake Development Company, Inc. for 4,913 rentable square feet of
office space for the Police Department’s Domestic Violence Unit, at 125 Gish
Road in San José, at a cost of $6,878.20 per month for the first year,
$7,123.85 per month for the second year, and $7,369.50 per month for the final
year. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council approve said lease.
Discussion/Action: The three-year lease with Westlake Development Company, Inc., was approved and its execution authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(11) (a) Report on bids and award of contract for San José
Family Camp Waste Water Treatment Facility Fire Damage Repair to the low
bidder, Twain Harte Construction Co., in the amount of $304,800, to include the
base bid and two (2) add alternates, and approval of a contingency in the
amount of $30,500. CEQA: Exempt.
(Public Works)
(b)
Adoption of
appropriation ordinance and funding sources resolution amendments in the
City-wide Construction and Conveyance Tax Fund increasing the Family Camp Fire
Repairs appropriation by $74,000.
(City Manager’s Office)
Documents Filed: (1) Supplemental memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 23, 2000, recommending Council accept the bid report and award said contract to the low bidder, Twain Harte Construction Co. (2) Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council accept the bid report and award said contract to the low bidder and approve a ten percent contingency. (3) Memorandum from Budget Director, Larry D. Lisenbee, dated March 17, 2000, recommending Council approve the appropriation ordinance and funding sources resolution amendments in the Citywide Construction and Conveyance Tax Fund.
Discussion/Action: The report on bids was accepted and award of contract to Twain Harte Construction Co., the low bidder, was approved and execution of the contract authorized; Ordinance No. 26083, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the City-Wide Construction and Conveyance Tax Fund (Fund 391) in the Amount of $74,000 for The Family Camp Fire Repairs; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69455, 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 City-Wide Construction and Conveyance Tax Fund (391)”, were adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(12) Approval of the third
amendment to the master agreement with the beals group, inc. for landscape
services for various park and recreational projects, extending the term of the
agreement from April 1, 2000 to March 31, 2001, at no additional cost to the
City. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council approve said amendment to the master agreement.
Discussion/Action: The third amendment to the master agreement with the beals group, inc., was approved and execution of the amendment authorized. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(13) Adoption of a resolution
authorizing the City Manager to negotiate and execute a five-year lease with
Cornerstone Properties for 2,882 rentable square feet of office and meter shop
space for the Department of Streets and Traffic’s Meter Shop and Parking
Control Divisions at 4 North Second Street, basement level, at a monthly rental
rate of $3,314.30 per month for the first three (3) months, $5,764 per month
for the next nine (9) months, $6,052.20 per month for the second year,
$6,340.40 per month for the third year, $6,628.60 per month for the fourth
year, and $6,916.80 per month for the fifth year. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council approve a five-year lease with Cornerstone Properties.
Discussion/Action: Resolution No. 69456, entitled: “A Resolution of the Council of the City of San José Delegating Authority to the City Manager to Negotiate and Execute a Five-Year Lease With Cornerstone Properties II for Housing Department Office Space and Tenant Improvements at 4 North Second Street, Basement Level, in San José”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
6e(14) Adoption of a resolution
approving a Memorandum of Agreement with International Brotherhood of
Electrical Workers (IBEW). (City Manager’s Office)
(Rules Committee referral 3/22/00)
Documents Filed: Memorandum from Acting Employee Relations Manager, Deputy City Manager Alex Gurza, dated March 20, 2000, noting the reason for the addendum and recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69457, entitled: “A Resolution of the Council of the City of San José (1) Approving the Memorandum of Agreement Between the City of San José and the International Brotherhood of Electrical Workers (IBEW), (2) Providing for the Payment of Salary and Benefits Pursuant to the Memorandum of Agreement and Amending the City of San José Pay Plan, and (3) Providing That if Any Conflict Between the Memorandum of Agreement and Salary Resolutions Nos. 51870, 51871 and 51872 Exist, the Memorandum of Agreement Shall Prevail”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
Routine Legislation
6f(1) (a) Adoption
of a resolution to accept an award in the amount of $91,671 from the Office of
National Drug Control Policy for a High Intensity Drug Trafficking Area (HIDTA)
Program.
(b) Approval
of the annual agreement with the California Department of Justice Bureau of Narcotic Enforcement (DOJ/BNE) for the
continuation of the South Bay High Intensity Drug Trafficking Area Task
Force for the period January 1, 2000 to
December 31, 2000 for reimbursement from DOJ/BNE of expenses of up to $91,671.
(c) Adoption
of proposed appropriation ordinance and funding sources resolution amendments
in the General Fund to increase the Police Department’s Personal Services for
expenses related to the award for this
fiscal year in the amount of $45,836.
(Police/City Manager’s Office)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated March 8, 2000, recommending Council adopt said resolution, approve said agreement with the California Department of Justice Bureau of Narcotic Enforcement, and adopt related appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Resolution No. 69458, entitled: “A Resolution of the Council of the City of San José Accepting an Award From the Office of National Drug Control Policy for a High Intensity Drug Trafficking Area Program, and to Execute All Related Documents”, was adopted; the annual agreement with the California Department of Justice Bureau of Narcotic Enforcement (DOJ/BNE) was approved and execution of the agreement authorized; Ordinance No. 26084, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund to the San José Police Department in the Amount of $45,836 in Connection With An Award From the Office of National Drug Control Policy for a High Intensity Drug Trafficking Area Program (HIDTA) to Increase the Police Department’s Personal Services for Expenses Related to the Award For This Fiscal Year; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69459, 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: 9-0-2-0. Absent: Dando, Woody.
6f(2) Adoption of a resolution
authorizing the City Manager to accept donations from the San José Public
Library Foundation in an amount not to exceed $115,000, for the period April 1,
2000 to June 30, 2000. (Library)
Documents Filed: Memorandum from City Librarian, Jane Light, dated March 8, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69460, entitled: “A Resolution of the Council of the City of San José Authorizing the Acceptance of Donations From the San José Public Library Foundation in an Amount Not to Exceed $115,000 for the Period of April 1, 2000 Through June 30, 2000”, was adopted. Vote: 9-0-2-0. Absent: Dando, Woody.
7b Report of the Rules
Committee – March 15, 2000
Documents Filed: Rules Committee Report of March 15, 2000.
(1) Review March 28, 2000 Draft Agenda
The Committee approved the March 28, 2000 City Council Agenda.
(2) Add New Items to March 21, 2000 Amended Agenda
The Committee recommended three additions to the March 21, 2000 City Council Agenda.
(3) Meeting Schedules. Attachments: (1) Memorandum from Senior Executive Assistant and Acting Council Liaison, Deanna J. Santana, dated March 9, 2000, recommending approval of the proposed date for a Special Council Meeting. (2) Memorandum from Mayor’s Council Agenda Manager, Jennifer Phillips, dated March 14, 2000, recommending approval to change the noticing of a specific meeting.
(a) Approve a Special Council Meeting on Thursday, April 13, 2000, 8 a.m. to noon, to discuss Milestone 2 of Investing in Results
The Committee recommended a Special Meeting on Thursday, April 13, 2000,
8:00 a.m. to 12:00 Noon, to discuss Milestone 2 of Investing in Results. The
Committee recommended a change in noticing of the
March 29, 2000 Council Study Session on the Civic Center to a special Council
Meeting on the Civic Center.
(4) The Public Record. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated March 9, 2000, listing the items filed for the Public Record for the period March 1-7, 2000. (2) Memorandum from Senior Executive Assistant, Acting Council Liaison, Deanna J. Santana, dated March 9, 2000, noting disposition of the items transmitted to the Administration and the items filed for the Public Record at the Rules Committee Meeting on March 8, 2000.
The Committee noted and filed the Public Record for the period February 23-29, 2000.
(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 and Cisco Systems 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
Council heard this item on March 21, 2000.
(6) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
None were presented.
(7) Oral communications
None were presented.
(8) Adjournment
The meeting was adjourned at 2:05 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Rules Committee Report and actions of March 15, 2000 were accepted. Vote: 9-0-2-0. Absent: Dando, Woody.
8a PUBLIC HEARING on the
designation of The Old Alviso City Hall/Fire House 1060 Taylor Street as a
landmark of special historic, architectural, cultural, aesthetic, or
engineering interest or value of a historic nature.
(Historic Landmarks Commission)
Documents Filed: None.
Discussion/Action: This item was continued to April 25, 2000.
GENERAL GOVERNMENT
9a PUBLIC HEARING on the
Commercial Solid Waste and Recyclables Collection Franchise applications,
approval of ordinances granting the franchises, and approval of Commercial
Solid Waste and Recyclables Collection Franchise Agreements with:
(1) Eller Media Company.
(2) Phillip A. Ingram dba Coast Dumpster
Service.
(Environmental Services)
Documents Filed: None.
Discussion/Action: This item was continued to April 4, 2000.
Council Member Dando returned to Chambers during consideration of the following item.
9b Approval of the:
(1) Proposed
modification to the current Recycle Plus service districts
(2) Status
update on the Recycle Plus Request for Proposals
(3) Proposal
Evaluation Process.
(Environmental Services)
Documents Filed: None.
Discussion/Action: The following individuals spoke against the proposed RFP: Chris Almeida, representing GreenTeam; and Bob Brownstein, South Bay Labor Council. Following the Staff presentation, and given the complex subject matter and remaining number of unresolved issues and concerns, the City Council directed the City Attorney to provide Council with detailed responses to Staff and Council memoranda regarding worker retention language, compensation adjustment and sub-minimum wage provisions, the retention of current service districts, the RFP process and evaluation criteria, and to include in the report the implications or legal parameters of what constitutes departure from past public policy that could be implemented in the future when considering contracts similar to the Recycle Plus. Upon motion unanimously adopted, this item was deferred to April 4, 2000.
9c Adoption of resolutions
authorizing the City Manager to:
(1) Submit
a grant application for $1,000,000 to Valley Transportation Authority (VTA) for
funds from the Transportation Fund for Clean Air for the San José International
Airport Program for natural gas fueled shuttle buses and infrastructure to
serve the consolidated rental car facility transit needs. CEQA:
Resolution No. 67380.
(2) Accept
grant funds of $20,000 from the California Energy Commission and U. S.
Department of Energy (DOE) to support a part-time staff position assigned to
promoting the use of clean-fueled vehicles.
(3) Send
a Letter of Intent confirming the City’s desire to be represented as a
stakeholder in the South Bay Clean Cities Coalition sponsored by the U.S. DOE.
(Environmental Services/Airport)
Documents Filed: Memorandum from Director of Environmental Services Carl W. Mosher, and Director of Aviation Ralph G. Tonseth, dated March 10, 2000, recommending Council adopt said resolutions.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 69461, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit a Grant Application for $1,000,000 to the Valley Transportation Authority for Funds From the Transportation Fund for Clean Air for the Procurement by the City of Natural Gas Fueled Shuttle Buses and Infrastructure to Serve the Transit Needs of the San José International Airport Consolidated Rental Car Facility and Authorizing the City Manager to Accept the Grant on Behalf of the City and to Negotiate and Execute Any Necessary Documents to Effectuate the Grant in an Amount Not to Exceed $1,000,000”; Resolution No. 69462, entitled: “A Resolution of the Council of the City of San José Accepting a Grant in an Amount Up to $20,000 From the California Energy Commission to Support a Part-Time Staff Position Assigned to Promoting the Use of Clean-Fueled Vehicles and Authorizing the City Manager to Negotiate and Execute a Grant Agreement Accepting an Amount Not to Exceed $20,000 From the California Energy Commission and Agreeing to Provide Office Space, Equipment and Supervision to Match the Amount of the Grant”; and Resolution No. 69463, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Send a Letter of Intent to the United States Department of Energy Renewing the Commitment of the City of San José to the Goal of Encouraging the Use of Clean-Fueled Vehicles Through Participation in the South Bay Clean Cities Coalition”, were adopted. Vote: 11-0-0-0.
9d Approval of a grant
agreement with Community Foundation Silicon Valley (CFSV) on behalf of the
University Neighborhoods Coalition for implementation of the University
Neighborhood Revitalization Plan in an amount not to exceed $360,210. CEQA: Resolution No. 65459. (Parks,
Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 8, 2000, recommending Council approve said agreement.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the grant agreement with Community Foundation Silicon Valley was approved and execution of the agreement authorized. Vote: 11-0-0-0.
Council Members Chavez and Diquisto left Chambers at this point in the meeting.
9e Report on bids and award
of contract for the Installation of Traffic Signal Unit 99A Project to the low
bidder, San José Signal Electric Construction, Inc., in the amount of
$756,250. CEQA: Exempt.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council accept the bid report and award said contract to the low bidder.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the bid report was accepted and the award of contract to San José Signal Electric Construction, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
9f Report on bids and
award of contract for the Silicon Valley Boulevard Bridge – Phase II Project to
the low bidder, RGW Construction, Inc., in the amount of $1,882,430. CEQA: Resolution No. 65660. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council accept the bid report and award said contract to the low bidder.
Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the bid report was accepted and award of contract to RGW Construction, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
9g Report on bids and award
of contract for the Street Lights Citywide 2000 Phase A Project to the low
bidder, Pacific Electric Co., in the amount of $374,429.25. CEQA:
Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council accept the bid report and award said contract to the low bidder.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Matthews and unanimously carried, the bid report was accepted and award of contract to Pacific Electric Co., the low bidder, was approved and execution of the contract authorized. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
9h Adoption of a resolution
declaring results of the General Municipal Election held on March 7, 2000, and
calling for a Consolidated General Municipal Election to be held on November 7,
2000, for the purpose of electing a Council Member from Districts 2, 4, 6, and
8, each for a full term beginning January 1, 2001 and ending December 31,
2004. (City Clerk)
(Rules Committee referral 3/22/00)
Documents Filed: None.
Discussion/Action: This item was deferred to April 4, 2000.
Council Member Diquisto returned to Chambers during consideration of Item 9i.
9i Adoption of a
resolution authorizing MBIA MuniServices Company as an authorized City
representative to have access to State Board of Equalization sales and use tax
records. (Finance)
(Rules Committee referral 3/22/00)
Documents Filed: Memorandum from Director of Finance, John V. Guthrie, dated March 21, 2000, noting the reason for the addendum and recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 69464, “A Resolution of the Council of the City of San José Designating MBIA Muni-Services Company as a Representative of City Authorized to Examine All Sales or Transactions and Use Tax Records of the California State Board of Equalization”, was adopted. Vote: 10-0-1-0. Absent: Chavez.
Council Member Chavez returned to Chambers during consideration of the following item.
9j (1) Report on negotiations for Agreement for Management
of Airport Shuttle Bus Personnel and Scheduling.
(2) Approval of the first amendment to the
agreement with Penske Truck Leasing Co., L.P., for lease and maintenance to add
seventeen (17) used shuttle buses to provide service for the rental car shuttle
bus operation with the following conditions:
(a) The term for the used buses shall be a
two (2) year period from April 1, 2000 to March 31, 2002, with an additional
one-year option.
(b) The total amount of the amended lease
and maintenance agreement shall increase the agreement with Penske Truck
Leasing Company from $1,800,000 for the new bus fleet, to a total not to exceed
$3,050,000 for the first year, which includes costs of both the new bus fleet
for the parking shuttle service and the used bus fleet for the rental car
operation.
(Airport/General Services)
[Deferred from 3/21/00 – Item 9d(1)]
Documents Filed: (1) Memorandum from City Manager, Del Borgsdorf, dated March 24, 2000, stating the Airport Shuttle Bus Services Report is for information only. (2) Memorandum from Director of Aviation, Ralph G. Tonseth, and Director of General Services Steve S. Yoshino, dated March 24, 2000, recommending Council approve Staff recommendations with specified conditions. (3) Correspondence between the San José International Airport Deputy Director of Aviation, Kimberly J. Becker, and RVG Transportation Treasurer/Director of Operations, James B. Goebel, related to the terms and conditions of the interim agreement for Airport Shuttle Bus service.
Discussion/Action: Deputy Director of Aviation Kimberly Becker joined Director of Aviation Ralph G. Tonseth, in presenting background information on the negotiations for an agreement for management of Airport shuttle bus personnel and scheduling at San José International. Kimberly Becker stated the City Council directed the Administration on March 21, 2000 to provide RVG an opportunity to submit an offer to perform Airport Shuttle Bus Service at the Airport under the same terms and conditions as those offered to a competing proposer. She stated City Staff further ascertained whether RVG would be willing to enter into a contract to perform the same services for a term of six months, to pay employees at the current SEIU union compensation rates, to agree to a 30-day termination clause in the contract, to include rental car operations for the interim period, and to not exceed the stipulated compensation rate per bus hour. She stated RVG responded prior to the deadline, first with a reply that was not responsive in that it did not include a per hour service rate, and secondly, with a $55.90 rate per service, as a result of a telephone conversation with City Staff. Given the response from RVG, she stated City Staff then obtained from ShuttlePort an interim agreement for Airport Shuttle Bus Services covering the period April 1, 2000 to September 30, 2000, and written confirmation of its acceptance of the conditions and of the company’s ability and willingness to meet all the conditions of the interim agreement. She stated ShuttlePort has reinforced its commitment to retain the current workforce as designated by the City Employee Retention Policy and to meet all provisions of the current labor contract during the interim agreement. Consistent with Council directive and based on responses from both firms, she recommended Council reaffirm the authorization for the City Manager to execute the six-month interim agreement with ShuttlePort, LLC for shuttle bus operations at the Airport. Director of Aviation, Ralph G. Tonseth, stated the second portion of the proposal pertains to an amendment to the Penske Truck Leasing agreement to add 17 shuttle buses to provide service for the rental car shuttle bus operation for a two-year period with an additional one-year option. He stated the total amount of the amended lease and maintenance agreement with Penske will include costs for both the new bus fleet for the parking shuttle service and the used bus fleet for the rental car operation; and recommended Council approval. Jim Goebel, representing R.V. Goebel Family, Inc., addressed Council on the Airport Shuttle agreement and the opportunity provided Goebel to serve the City for 7½ years. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, (1) the report on negotiations with RVG for the interim Airport Shuttle Bus Operation was accepted and the bid response from RVG deemed not responsive; consistent with Council directive on March 21, 2000, the City Manager executed the six-month interim agreement with ShuttlePort, LLC for shuttle bus operations; and (2) the first amendment to the agreement with Penske Truck Leasing Co., L.P. for a term of two years and additional one-year option, were approved and execution of the amendment authorized. Vote: 11-0-0-0.
FISCAL AFFAIRS
10a (1) PUBLIC
HEARING on proposed new Maintenance District 15 (Silver Creek), Zone G
(Southeast Central Area).
(2) Report out of ballot tallies and, if approved by
property owners, adoption of a resolution approving the Engineer’s Report for
Maintenance District 15, Zone G for Fiscal Year 1999-2000, and approving and
imposing the respective assessments and the City’s contribution therein.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council take appropriate actions regarding proposed Zone G (Southeast-Central Area) in Maintenance District 15 (Silver Creek).
Discussion/Action: Mayor Gonzales opened the public hearing on the proposed new Maintenance District 15, Zone G. There was no public testimony on the issue and there were no additional ballots submitted to the City Clerk. City Clerk, Patricia L. O’Hearn, reported the following results of ballot tabulations for Zone G of Maintenance District 15: Property owners to be assessed in the amount of $165,385.24 have returned ballots in support of the assessments. Property Owners to be assessed in the amount of $45,183.78 have returned ballots in opposition to the assessments. She stated ballots submitted in support of the assessment exceed ballots submitted in opposition to the assessment in Zone G of Maintenance District 15; therefore, Council may vote on imposition of the Assessment. Upon motion by Council Member Woody, seconded by Vice Mayor Fiscalini and unanimously carried, the public hearing was closed and Resolution No. 69465, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Establishment of Zone G (Southeast Central) of Maintenance District Number 15 (Silver Creek) Including the Adoption of the Engineer’s Report and Setting the Assessment as Detailed Therein”, was adopted. Vote: 11-0-0-0.
10b First public meeting on
the proposed Zone F (Northerly Neiman Boulevard) in Maintenance District 15
(Silver Creek). (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, recommending Council conduct the public meeting for proposed Zone F (Northerly Neiman Boulevard) in Maintenance District 15 (Silver Creek).
Discussion/Action: Mayor Gonzales opened the first public meeting for the purpose of receiving and recording any public comments on any matter related to the subject Maintenance District. Upon motion by Council Member Woody, seconded by Council Member Matthews and unanimously carried, the public meeting was held and there was no public testimony presented. On April 4, 2000 the City Council will conduct the Public Hearing and take concluding actions based upon ballot tabulations. Vote: 11-0-0-0.
The Redevelopment Agency Board convened at 2:55 p.m. to consider Item 11a in a joint session.
11a Adoption of resolutions
by the City Council and Redevelopment Agency Board accepting the invitation
from Cirque du Soleil to send City and Agency officials and staff to the
opening night performance of Dralion on Thursday, April 6, 2000. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated March 8, 2000, recommending the adoption of said resolutions by the Council and Agency Board.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, Resolution No. 69466, entitled: “A Resolution of the Council of the City of San José Accepting Invitations From Cirque du Soleil to Its Opening Performance and Approving the Distribution of Invitations to Officials and Staff of the City of San José in Their Official Capacity as Representatives of the City of San José”; and Redevelopment Agency Board resolution approving distribution by and accepting invitations from Cirque du Soleil to its opening performance of Dralion, were adopted. Vote: 11-0-0-0.
The Redevelopment Agency Board
adjourned at 2:56 p.m.
Disclosure of Closed Session Action of March 28, 2000 submitted by City Attorney, J. Richard Doyle:
A. Confirmation of Public Employee Appointment:
Fire Chief
Manuel Alarcon
Council Vote: Ayes: Dando, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr.; Gonzales.
Noes: None.
Absent: Chavez, Woody.
Disqualified: None.
William J. Garbett and Ross Signorino spoke on several issues.
ADJOURNMENT
The Council of the City of San José adjourned at 3:10 p.m. to meet in again in Adjourned Regular Session on Wednesday, March 29, 2000, 8:00 a.m., Biblioteca Latinoamericana, 921-A South First Street, to consider the Final Conceptual Design of the New San José Civic Center Project and related actions.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK