CITY COUNCIL AGENDA

MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, APRIL 11, 2000

The Council of the City of San Jose was scheduled to convene in Closed Session at 9:30 a.m. in Room 600. The Closed Session was cancelled and the City Council convened in Regular Session at 1:37 a.m. in City Council Chambers, City Hall.

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

Absent: Council Members - Mayor Gonzales (excused).

INVOCATION

Sixth grade students Laura Tran, Tiffany Han, Yen Dung and Steve Cao from Morrill Middle School presented poetry recitations, under the leadership of their teacher, Kathy Davis. (District 4)

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Morrill Middle School students Laura Tran, Tiffany Han, Yen Dung and Steve Cao.

ORDERS OF THE DAY

Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr., and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Gonzales.

CONSENT CALENDAR

Public Hearings Set by Council

6c(1) Adoption of a resolution initiating proceedings and setting a date for Council consideration of the reorganization of territory designated as Buena Vista No. 1 which involves the annexation to the City of San José of 38.0 acres of land, bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue, Meridian Avenue, and both sides of Buena Vista Avenue, and the detachment of the same from the Sunol Sanitary District, Burbank Sanitary District, County Lighting District, and Central Fire District. CEQA: Resolution No. 65459. (Planning, Building and Code Enforcement)

[Deferred from 8/3/99 – Item 6c(1) et al., and 02/01/00 – Item 6c(1)]

Documents filed: None.

Discussion/Action: This item was deferred to June 20, 2000.

6c(2) Adoption of a resolution initiating proceedings for an ordinance amending Section 20.04.580 of Chapter 20.04 of Title 20 of the San José Municipal Code to revise the definition of “structure,” setting a public hearing on May 16, 2000 at 7:00 p.m., and referring the ordinance to the Planning Commission for its recommendation and comments. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 22, 2000, recommending adoption of said resolution.

Discussion/Action: Resolution No. 69490, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings Amending Section 20.04.580 of Chapter 20.04 of Title 20 of the San José Municipal Code to Revise the Definition of ‘Structure,’ Setting a Public Hearing for May 16, 2000 at 7:00 p.m. and Referring Said Ordinance to the Planning Commission for Their Review and Recommendation”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

Contracts/Agreements

6e(1) 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)

[Deferred from 3/28/00 – Item 6e(4)]

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 8, 2000, recommending adoption of said resolution. (2) Letter from the Treatment Plant Advisory Committee, dated March 10, 2000, stating concurrence with the Staff recommendation.

Discussion/Action: Resolution No. 69491, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement for Conveyance of Easements Between the City of San José and the City of Milpitas Relating to Construction of the City of Milpitas Sanitary Sewer Parallel Force Main Project to be Constructed Across Lands of the San José/Santa Clara Water Pollution Control Plant”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

6e(2) Adoption of a resolution authorizing the City Manager to execute grant agreements for the purpose of constructing additional construction and demolition (C&D) recycling infrastructure, for the period May 1, 2000 to April 30, 2001, for a total amount of $250,000, with:

(a) Guadalupe Rubbish Disposal, Inc., for the construction of a sorting/recycling system, in an amount not to exceed $140,000.

(b) Zanker Road Landfill, for the construction of a sorting/recycling system, in an amount not to exceed $64,000.

(d) GreenWaste Recovery, Inc., for the expansion of an existing sorting/recycling system, in an amount not to exceed $10,000.

(Environmental Services Department)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 22, 2000, recommending adoption of said resolution.

Discussion/Action: Resolution No. 69492 entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute Construction and Demolition Recycling Grants to Guadalupe Rubbish Disposal, Zanker Road Landfill, Butterick Enterprises, and GreenWaste Recovery in the Total Amount of $250,000”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

6e(3) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 #30, 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 22, 2000, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List No. 30 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 10-0-1-0. Absent: Gonzales.

6e(4) Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement with Jonathan D. Barbieri for consultant services for establishing the Workforce Investment Board (WIB), a Youth Council that reports to the WIB, and with the City’s transition plan from the County’s Joint Training partnership Act (JTPA) to the City’s Workforce Investment Act System, extending the term to June 30, 2000, and increasing the compensation to a total amount not to exceed $88,600. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 22, 2000, recommending adoption of said resolution.

Discussion/Action: Resolution No. 69493, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Continuation Agreement with Jonathan D. Barbieri for Consultant Services in Order to Extend the Term Through June 30, 2000 and to Increase the Compensation to a Total Amount Not to Exceed $88,600”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

6e(5) Approval of an agreement with All Sports Officials Association to perform officiating services in the City’s Community Sports Program, for the period April 1, 2000 to March 31, 2001, in an amount not to exceed $60,000. (Parks, Recreation and Neighborhood Services)

Documents filed: None.

Discussion/Action: This item was deferred to April 18, 2000.

6e(6) Approval of an agreement with the South Bay Metropolitan Officials Association (M.O.A.) to perform officiating services in the City’s Community Sports Program, for the period March 1, 2000 to December 31, 2000, in an amount not to exceed $90,000. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 22, 2000, recommending approval of said agreement with South Bay Metropolitan Officials Association.

Discussion/Action: The agreement with South Bay Metropolitan Officials Association was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

6e(7) Adoption of a resolution authorizing the City Manager to apply, accept and execute the grant if awarded, and to execute all related documents for the United States Department of Justice Weed and Seed Program grant funding for the Washington neighborhood in an amount not to exceed $175,000, for the period October 1, 2000 to September 30, 2001. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 22, 2000, recommending adoption of said resolution.

Discussion/Action: Resolution No. 69494, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to the United States Department of Justice for Weed and Seed Program Funding for the Washington Neighborhood in an Amount Not to Exceed $175,000, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

6e(8) Report on bids, approval to relieve the low bidder, Royal Roofing Company, Inc., of its bid without forfeiture of its bid bond due to mistake, and award of contract for the City Hall Annex Reroof Project to the second low bidder, California Roofing Co., Inc., in the amount of $83,949, and approval of a contingency in the amount of $10,000. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 22, 2000, recommending approval to relieve the low bidder, Royal Roofing Company, Inc., of its bid without forfeiture of its bid bond due to mistake, award of said contract to the second low bidder, California Roofing Co., Inc., and approval of said contingency.

Discussion/Action: The relief of low bidder Royal Roofing Company, Inc., without forfeiture of its bid bond and award of said contract to the second low bidder, California Roofing Co., Inc., was approved and said contingency was authorized. Vote: 10-0-1-0. Absent: Gonzales.

6e(9) Approval of a second continuation agreement to extend the Non-Exclusive Installation and Service Agreement with Metricom, Inc., dated January 24, 1995, in order to extend its terms for 66 days, retroactive from March 25, 2000 through May 30, 2000. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 22, 2000, recommending approval of said second continuation agreement with Metricom, Inc.

Discussion/Action: William Garbett spoke in opposition. The second amendment to said agreement with Metricom, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

Routine Legislation

6f(1) (a) Approval of:

(1) An ordinance amending Chapter 4.80 of Title 4 of the San José Municipal Code by adding a new Part 9 to establish the Economic Development Enhancement Fund.

(2) Amendments to the Economic Development Enhancement Fund Program:

(a) Convert the Loan Guarantees to limited obligations of the City of San José.

(b) Reduce the Funds Asset/Liability ratio to l:2.

(b) Adoption of appropriation ordinance and funding sources resolution amendments for the Development Enhancement Special Fund in the amount of $3,128,158.

(Economic Development)

Documents filed: Memorandum from the Director of Economic Development, Leslie S. Parks, and Budget Director, Larry Lisenbee, dated April 5, 2000, recommending approval of said ordinance establishing the Development Enhancement Fund as a Special Fund; approval of said amendments to the Economic Development Enhancement Fund, and adoption of said appropriation ordinance and funding source resolution amendments.

Discussion/Action: William Garbett spoke in opposition to the proposal. The amendments to the Economic Development Enhancement Fund were approved; Ordinance No. 26092, entitled: “An Ordinance of the City of San José Amending Chapter 4.80 of Title 4 of the San José Municipal Code to Add a New Part to Establish the Economic Development Enhancement Fund”, was passed for publication; and Ordinance No. 26093, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the General Fund and the Development Enhancement Special Fund in the Total Amount of $3,128,158 to Establish the Development Enhancement Special Fund; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69495, 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 Development Enhancement Fund”, were adopted. Vote: 10-0-1-0. Absent: Gonzales.

6f(2) Adoption of a resolution determining that public interest and necessity require the acquisition of an easement for a pump station over a portion of property located southeasterly of Willow and Minnesota Streets owned by Outdoor Systems, Inc. and directing the City Attorney to file an eminent domain action. CEQA: Exempt. (Public Works)

Documents filed: None.

Discussion/Action: This item was deferred to April 25, 2000.

6f(3) (a) Acceptance of the report prepared by the Police Department pertaining to the Domestic Violence Response Team Pilot Project.

(b) Approval of a re-design of the pilot program that would shift the focus from a 24/7 immediate response team model to an “after-care” model that would allow for follow-up services within 24 to 48 hours of the incident and a 24-hour hotline for those cases in which immediate support is deemed appropriate.

(c) Authorization for staff to proceed with a Request for Proposals to implement the revised program and to refer a proposal to establish a reserve in the amount of $109,000 for consideration and approval in the FY 2000-2001 Proposed Operating Budget Process.

(Police) [Deferred from 4/4/00 – Item 6f(3)]

Documents filed: None.

Discussion/Action: At the request of Council Member Woody, the recommended deferral to May 2, 2000 was not approved and the item was deferred to April 25, 2000. Vote: 10-0-1-0. Absent: Gonzales.

6f(4) Approval for City Attorney Richard Doyle to travel to the International Municipal Lawyers Association’s Mid-Year Seminar in Washington, D.C. from April 8-11, 2000. (City Attorney) (Rules Committee referral 4/5/00)

Documents filed: Memorandum from City Attorney Richard Doyle, dated April 5, 2000, requesting said travel authorization.

Discussion/Action: The requested authorization for City Attorney Doyle to travel to the International Municipal Lawyers Association’s Mid-Year Seminar in Washington, D.C. from April 8-11, 2000, was approved. Vote: 10-0-1-0. Absent: Gonzales.

END OF CONSENT CALENDAR

COMMISSION, COMMITTEE, AND STANDING REPORTS

7b Report of the Rules Committee – March 29, 2000

Vice Mayor Fiscalini, Chair

Documents filed: Rules Committee report of March 29, 2000.

(1) Review April 11, 2000 Draft Agenda.

The Committee approved the April 11, 2000 City Council Agenda.

(2) Add New Items to April 4, 2000 Amended Agenda

The Committee recommended eight additions to the April 4, 2000 City Council Agenda.

(3) Meeting Schedules

There were none.

(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated March 23, 2000, listing the items transmitted to the Administration and those items filed for the Public Record for the period March 15-21, 2000. (2) Memoranda from Senior Executive Assistant Deanna J. Santana, dated March 23 and March 27, 2000, summarizing the actions taken on items transmitted to the Administration and filed for the Public Record for the periods March 8-14, 2000 and March 15-21, 2000, respectively.

The Committee noted and filed the Public Record.

(5) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee

(a) Request to refer to Code Enforcement, Streets and Traffic, and the City Attorney the issue of finding a solution to abandoned shopping carts. Attachment: Memorandum from Council Members Chavez, Shirakawa, Jr., and Woody, dated March 21, 2000, recommending the Rules Committee direct the Administration, specifically the Code Enforcement Division, the Streets and Traffic Department, and the City Attorney to explore and evaluate means to ensure that abandoned shopping carts are quickly picked up with a minimum of unreimbursed cost to the City.

The Committee referred the issue of abandoned shopping carts to the Administration for a report back to the Rules Committee in two weeks regarding an assessment of the time and resources involved to complete the request.

(6) Oral communications

William Garbett commented on the loss of the public access station located at the Wahlquist Library.

(7) Adjournment

The meeting was adjourned at 2:10 p.m.

Discussion/Action: William J. Garbett spoke on Item 7b(5). Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of March 29, 2000, were accepted. Vote: 10-0-1-0. Absent: Gonzales.

7c Report of Special Finance and Technology Committee - March 29, 2000

Council Member Woody, Chair

(1) Budget Proposals for Council Appointees

(a) City Attorney – Annual Budget Report

(b) City Auditor

(d) Civil Service Commission

(e) City Manager

(f) Independent Police Auditor

(2) Budget Proposals for the Office of the Mayor and City Council

(3) Oral petitions

(4) Adjournment

Documents filed: None.

Discussion/Action: This item was deferred to April 18, 2000.

GENERAL GOVERNMENT

9a Endorsement of the City Service Area Performance Measures, Milestone #2 of Investing in Results. (City Manager’s Office)

Documents filed: None.

Discussion/Action: This item was deferred to April 13, 2000, to be heard at 8:00 a.m. at the San José McEnery Convention Center, Room J.

9b Presentation on the Environmental Services Department’s Rates and Funds. (Environmental Services)

Documents filed: None.

Discussion/Action: This item was deferred to April 18, 2000.

9c Adoption of a resolution authorizing the City Manager to execute first amendments to the FY 1999-2000 Reuse and Recycling Agreements for a total amount not to exceed $684,713, with:

(1) Goodwill, in an amount not to exceed $462,149.

(2) Salvation Army, in an amount not to exceed $198,163.

(3) St. Vincent de Paul, in an amount not to exceed $24,401.

(Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 22, 2000, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Dando, and unanimously carried, Resolution No. 69496, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute First Amendments to the 1999-2000 Reuse and Recycling Agreements with Goodwill Industries of Santa Clara County, the Salvation Army, and St. Vincent De Paul Society, to Increase the Total Compensation”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

9d Adoption of a resolution authorizing the Director of General Services to execute an agreement for the purchase of a library customer self-service checkout system, consisting of twenty (20) self-check machines, from Minnesota Mining and Manufacturing Company (3M) in the amount of $481,712.50, including sales tax, installation, training, and 12-month hardware and software maintenance. (General Services)

Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated March 22, 2000, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Dando, and unanimously carried, Resolution No. 69497, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Agreement for the Purchase of a Library Customer Self-Service Checkout System from 3M”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

9e Adoption of a resolution authorizing the Director of General Services:

(1) To execute a one (1) year agreement with six (6), one (1) year options for renewal with APCOA/Standard Parking, Inc., for airport parking facilities management for the period May 1, 2000 to April 30, 2001, with a total first year compensation of approximately $4,000,000.

(2) To execute each of the options without further City Council action other than the appropriation of necessary funding.

(General Services/Airport)

Documents filed: None.

Discussion/Action: This item was deferred to April 18, 2000.

9f Approval of the proposed criteria, process, and schedule for a Supplemental Request for Proposals (RFP) for the 2000-01 Community Development Block Grant (CDBG) Program, in an amount not to exceed $1,800,000. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 22, 2000, recommending approval of the proposed criteria, process and schedule for said Supplemental Request for Proposals.

Discussion/Action: Council Member Shirakawa, Jr. stated there were funds left after funding all eligible applicants and a short application process for eligible applicants will be reopened in May and brought back to Council in June for approval. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Powers, and unanimously carried, the criteria, process and schedule proposed for a Supplemental RFP for the 2000-01 Community Development Block Grant Program were approved. Vote: 10-0-1-0. Absent: Gonzales.

9g Approval of a continuation agreement with Turner Construction Company for construction management services for the New Civic Center Project, to extend the term of the agreement from April 1, 2000, to December 31, 2000, and to increase the compensation by $325,000, from $75,000 to $400,000. CEQA: Resolution No. 68905. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated March 22, 2000, recommending approval of said continuation agreement with Turner Construction Company.

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr., and unanimously carried, the continuation agreement with Turner Construction Company was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

FISCAL AFFAIRS

10a (1) PUBLIC HEARING on proposed new Maintenance District 15 (Silver Creek), Zone H (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 H 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 22, 2000, recommending Council conduct a public hearing on the proposed Zone H in Maintenance District 15, order tabulation of the property owner ballots and, if a majority are in favor, adopt a resolution approving the Engineer’s Report for proposed Zone H in Maintenance District 15, Fiscal Year 1999-2000, and approving and imposing the respective assessments.

Discussion/Action: Vice Mayor Fiscalini opened the public hearing on the proposed new Maintenance District 15 (Silver Creek), Zone H (Central Area). No public testimony was given and no additional ballots were submitted to the City Clerk. Reporting results of the tabulation of property owner ballots received to date, City Clerk Patricia L. O’Hearn stated property owners to be assessed in the amount of $56,849.66 returned ballots in support of the assessments; property owners to be assessed in the amount of $17,622.26 returned ballots in opposition to the assessments; and ballots submitted in support of the assessment exceed ballots submitted in opposition to the assessment in Zone H of Maintenance District 15. Upon motion by Council Member Woody, seconded by Council Member Powers, and unanimously carried, the public hearing was closed, and Resolution No. 69498, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Establishment of Zone H (Central Area) 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: 10-0-1-0. Absent: Gonzales.

ADJOURNMENT

The Council of City of San José adjourned at 1:57 p.m. to Thursday, April 13, 2000, 8:00 a.m., San José McEnery Convention Center, Room J, for a City Council meeting on Investing in Results Follow-up.

VICE MAYOR, FRANK FISCALINI

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK