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, Dando, Diquisto, Fiscalini, LeZotte, Matthews, Powers; Gonzales
Absent: Council Members: Diaz, Shirakawa, Jr., Woody (all excused).
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases (1) In re Bergtholdt; and (2) W. D. Young Construction Company v. City of San José.
By unanimous consent, Council reconvened from Closed Session and recessed at 10:45 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa Jr.; Gonzales
Absent: Council Members: Diaz, Woody (both excused).
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-2-0. Absent: Diaz, Woody.
The City Council and Mayor Gonzales joined Council Member LeZotte in extending a special welcome to Sharon Lee and Melissa Chi, students at Lynnbrook High School in the Fremont Union-Los Gatos-Saratoga Joint Union High School Districts, who were visiting Council Member LeZotte. The guests were asked to stand and be recognized.
CEREMONIAL ITEMS
5a Presentation of a
commendation to Officer Robert Montalvo for his dedication and commitment to
the San José community. (LeZotte)
Documents Filed: None.
Discussion/Action: Joined by Mayor Gonzales at the Podium, Council Member LeZotte acknowledged the dedication and commitment of Police Officer Robert Montalvo; and in recognition of the Officer’s outstanding service to the City of San José, Mayor Gonzales presented the commendation to Officer Montalvo.
5b Presentation of a proclamation declaring the month of April 2000, the Month of the Young Child, and presentation of awards to the Outstanding Contributors to ChildCare. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 15, 2000, recommending Council proclaim April as Month of the Young Child and present awards at the April 4, 2000 Council Meeting.
Discussion/Action: Mayor Gonzales presented the proclamation to Charlene Della Maggiore-Chair of the San José Child Care Commission, who accepted the proclamation on behalf of the newest major sponsor, the Monterey Bay Aquarium. Mayor Gonzales presented awards to Outstanding Contributors Fay & John Sears, John Dutra, Leanne Schaffer, Daryl Chatman representing Cisco Systems, Joanne Cushbay, and to Council Member Dando, Liaison to the Child Care Commission. On behalf of the San José Child Care Commission, Charlene Della Maggiore presented special awards to Mayor Gonzales for initiating the Smart Start Program, and to Cisco Systems for their support of the families and opening of the onsite childcare center. She expressed appreciation to Community Sponsors Tri-Cities Children’s Centers, Child Development, Inc., Bright Horizons Family Solutions, South Bay AFL-CIO Labor Council, Center For Employment Training, Child Abuse Council of Santa Clara County, YWCA in Santa Clara Valley, YMCA of Santa Clara Valley, University of California Santa Cruz Extension, the newest sponsor, the Monterey Bay Aquarium, and acknowledged many in-kind contributions received from various agencies in Santa Clara County. She invited all San José to participate in the activities and events scheduled throughout the month of April 2000 in celebration of the Month of the Young Child.
5c Presentation of plaque to Carla Carr for 3 years service on the Human Rights Commission. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales presented the plaque to Carla Carr with the Council’s appreciation for the years of service contributed to the citizens of San José.
5d Presentation of
commendation to the Friends of San José Family Camp, Inc., a non-profit
volunteer organization that supports the San José Family Camp.
(Conventions, Arts and Entertainment)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Director of Conventions, Arts and Entertainment Nancy Johnson introduced Friends of San José Family Camp Board of Directors Ralph Occhipinti, President, Lee Wheeler, Vice President, Dave Busse, Treasurer, and Board Members Sam Filippo and Garry Solmonson, and acknowledged the valuable donations and services provided by the non-profit organization. Mayor Gonzales presented the commendation to the representatives and expressed the City’s appreciation for the hard work of the volunteers in keeping camp programs affordable to the general public, in helping to operate the camp on a cost-recovery basis, and preparing the Camp annually for families to enjoy.
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: Diaz, Woody.
Minutes for Approval
6a(1) Regular Meeting of
February 22, 2000
Documents Filed: Minutes of regular meeting of February 22, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-2-0. Absent: Diaz, Woody.
6a(2) Joint City
Council/Redevelopment Agency Meeting of February 22, 2000
Documents Filed: Minutes of joint meeting of February 22, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-2-0. Absent: Diaz, Woody.
6a(3) Regular Meeting of February
29, 2000
Documents Filed: Minutes of regular meeting of February 29, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-2-0. Absent: Diaz, Woody.
6a(4) Regular Meeting of March
7, 2000
Documents Filed: Minutes of regular meeting of March 7, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-2-0. Absent: Diaz, Woody.
Ordinances for Final Adoption
6b(1) ORD. NO. 26073 –
Amends Sections 20.40.130 of Chapter 20.40 and 20.44.070 of Chapter 20.44 of
Title 20 of the San José Municipal Code to allow for the placement of four-foot
by eight-foot public notice signs.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26073 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26073 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6b(2) ORD. NO. 26074 –
Approves the first amendment to development agreement with 3Com Corporation
relative to the development of property in North San José.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26074 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26074 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6b(3) ORD. NO. 26075 –
Rezones certain real property situated on the northeast corner of Southwest
Expressway and Fruitdale Avenue. PDC
99-03-026
Documents
Filed: Proof of publication of the
title of Ordinance No. 26075 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26075 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6b(4) ORD. NO. 26076 –
Rezones certain real property situated on the southwest corner of Julian Street
and North First Street. PDC 99-07-062
Documents
Filed: Proof of publication of the
title of Ordinance No. 26076 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26076 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6b(5) ORD. NO. 26077 –
Rezones certain real property situated on the northeasterly side of Monterey Road,
450 feet northerly of Rodling Way. PDC
99-07-065
Documents
Filed: Proof of publication of the
title of Ordinance No. 26077 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26077 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6b(6) ORD. NO. 26078 -
Rezones certain real property situated on the southwest corner of West Virginia
Street and Almaden Avenue. PDC
99-12-097
Documents
Filed: Proof of publication of the
title of Ordinance No. 26078 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26078 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6d(7) ORD. NO. 26079 -
Rezones certain real property situated on the southwest corner of Watters Drive
and Watters Court. C 99-11-088
Documents
Filed: Proof of publication of the
title of Ordinance No. 26079 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26079 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6d(8) ORD. NO. 26080 -
Rezones certain real property situated on the south side of William Court, 550
feet easterly of McLaughlin Avenue. C 00-01-004
Documents
Filed: Proof of publication of the
title of Ordinance No. 26080 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26080 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6b(9) ORD. NO. 26081 -
Rezones certain real property situated on the east side of Bonita Avenue, 165
feet northerly of Peach Court. C
00-02-006
Documents
Filed: Proof of publication of the
title of Ordinance No. 26081 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26081 was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6b(10) ORD. NO. 26082 –
Repeals Chapter 18.30 and adds a new Chapter 18.30 to Title 18 of the San José
Municipal Code to establish a process for amendments to the Urban Growth
Boundary established by the San José General Plan.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26082 executed on March 28, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26082 was adopted. Vote: 8-1-2-0. Noes: Fiscalini. Absent: Diaz, Woody.
Public Hearings Set by Council
6c(1) Adoption of a resolution
initiating proceedings and setting April 18, 2000 at 1:30 p.m. as the
date for Council consideration of the reorganization of territory designated as
San José North No. 12 which involves the annexation to the City of San José of
.935 acre of land, located at the northwest corner of State Route 237 and Gold
Street, and the detachment of the same from the appropriate special districts
including: Central Fire Protection District and County Library Service
Area. CEQA: Resolution No. 69392.
(Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 15, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69469, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as San José North No. 12 and Described Herein, and Setting the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
Contracts/Agreements
6e(1) Adoption of a resolution accepting an irrevocable offer of
dedication of parkland from The Irivine Company for park purposes and approval
of a turnkey Parkland Agreement with The Irvine Company 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)
[Deferred
from 3/21/00 – Item 6e(4)]
Documents Filed: (1) Supplemental memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 29, 2000, augmenting the information provided in the memorandum for Item 6e(4) that was deferred to April 4, 2000 to allow completion of the turnkey agreement with The Irvine Company for the dedication and development of the neighborhood parkland. (2) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 1, 2000, recommending Council adopt said resolution.
Discussion/Action: Referencing the Alviso Master Plan and certain street reconfigurations, Council Member Matthews asked Staff to return to Council with a status report on the request to rename portions of Taylor Street to North First Street. Resolution No. 69470, entitled: “A Resolution of the Council of the City of San José Authorizing the Acceptance of An Irrevocable Offer of Dedication From the Irvine Company in Order to Satisfy Conditions Imposed by Planned Development Permit Numbers PDA 99-01-025, PDA 99-01-028, and PDA 99-01-029”, was adopted and Staff directed to submit a status report on the Alviso Master Plan request to rename portions of Taylor Street to North First Street. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(2) Adoption of a resolution authorizing the City Attorney to negotiate
and execute a continuation agreement for legal services with Robinson &
Wood, Inc., to extend the term of the agreement through December 31, 2001, at
no additional cost to the City. (City
Attorney’s Office)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated March 27, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69471, entitled: “Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Continuation Agreement for Legal Services With Robinson & Wood, Inc., to Extend the Term of the Agreement Through December 31, 2001, at No Additional Cost to the City”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(3) Adoption of a resolution approving a Tripartite Memorandum of Agreement on retirement benefits with the International Association of Firefighters Local 230 and the San José Police Officers’ Association for the period February 4, 2000 to June 30, 2004. (City Manager’s Office)
Documents Filed: Memorandum from Acting Employee Relations Manager Alex Gurza, dated March 30, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69472, entitled: “A Resolution of the Council of the City of San José Approving a Tripartite Memorandum of Agreement on Retirement Benefits Between the City of San José and the International Association of Firefighters, Local No. 230 and the San José Police Officers’ Association for the Period of February 4, 2000 to June 30, 2004”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(4) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 #29, 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 15, 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. 29 was approved and execution of the purchase orders authorized. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(5) Adoption of a resolution authorizing the Director of General Services to execute an assignment of the contract for provision of maintenance and support services for the Airport Department’s Aircraft Noise and Operations Monitoring System (ANOMS) from Harris, Miller, Miller and Hanson, Inc. to Lochard PTY LTD, an Australian corporation. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated March 15, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69473, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute An Assignment of the Agreement for Aircraft Noise Operations Monitoring System (ANOMS) to Lochard PTY LTD”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(6) Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to a lease agreement with the County of Santa Clara to reduce the leased area by approximately five (5) acres of land along the Coyote Creek Park Chain. Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 15, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69474, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Lease With the County of Santa Clara for Land Located Along the Coyote Creek Park Chain”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(7) Approval of an agreement for consultant
services with Cottong and Taniguchi, Inc. for the King and Story Road
Improvement Project, in the amount of $248,700, and $10,000 for additional
services, for a total agreement amount of $258,700.
(Public
Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 15, 2000, recommending Council approve said consultant services agreement.
Discussion/Action: The consultant services agreement with Cottong and Taniguchi, Inc. was approved and its execution authorized. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(8) Report on bids and award of contract for the
Guadalupe River South Trail Project (Coleman Road to Blossom Hill Road) to the
low bidder, Grade Tech to include the Base Bid and Add Alternate No. 1 in the
amount of $189,600, and approve a contingency in the amount of $18,960. CEQA:
Exempt (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 15, 2000, recommending Council accept the report on bids and award said contract to the low bidder.
Discussion/Action: The bid report was accepted and award of contract to Grade Tech, the low bidder, was approved and execution of the contract authorized. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(9) Adoption of a resolution approving an agreement with Technology
Credit Union, for the purchase of a parcel of land and a use agreement
for adjoining land located along North
First Street between Brokaw Road and Charcot Avenue, in the amount of $33,000,
and authorization for the Director of Public Works to execute the necessary
documents to complete the transaction. Resolution No. 67567
(Public
Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 15, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69475, entitled: “A Resolution of the Council of the City of San José (i) Approving An Agreement With Technology Credit Union for the Purchase of a parcel of Land and a Right of Entry to Adjoining Land Located Along First Street Between Brokaw Road and Charcot Avenue in the amount of $33,000; and (ii) Authorizing the Director of Public Works to Execute All Other Documents Necessary to Complete the Transaction”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6e(10) Approval of an agreement with The Irvine Company for the
conveyance of land and the payment of fees to satisfy The Irvine Company’s
remaining obligation under the Park Impact Ordinance for Planned Development Zoning
No. PDC 99-04-034. CEQA: Exempt.
(Parks, Recreation and Neighborhood
Services)
(Rules Committee referral 3/29/00)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 29, 2000, noting the reason for the addendum and recommending Council approve said agreement.
Discussion/Action: The agreement with The Irvine Company was approved and execution of the agreement authorized. Vote: 9-0-2-0. Absent: Diaz, Woody.
Routine Legislation
6f(1) 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 $2,382,700 for several projects. (City
Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated March 13, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the City-Side Redevelopment Fund.
Discussion/Action: Ordinance No. 26085, 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 $2,382,700 for Certain Redevelopment Agency Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69476, 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: 9-0-2-0. Absent: Diaz, Woody.
6f(2) Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the donation of one (1) surplus sedan with an estimated value of $2,100 to the municipality of Mexicali, Mexico. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated March 15, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69477, entitled: “A Resolution of the Council of the City of San José Approving the Donation of One Surplus Sedan to the Municipality of Mexicali, Baja California, Mexico”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
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)
Documents Filed: None.
Discussion/Action: This item was deferred to April 11, 2000.
6f(4) Adoption of a resolution
establishing a program for the provision of relocation and housing assistance
to newly appointed City of San José Council appointed officers and senior staff
officials. (City Manager’s Office)
(Rules Committee referral 3/29/00)
Documents Filed: Memorandum from Deputy City Manager, Lynn Macy, dated March 30, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69478, “A Resolution of the Council of the City of San José Establishing a Program for the Provision of Relocation and Housing Assistance to Newly Appointed City of San José Council Appointed Officers and Senior Staff Officials”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6f(5) Adoption of an appropriation
ordinance amendment in the Community Facilities Revenue Fund (422) to fund
appraisal services associated with the Ice Centre Financing in an amount not to
exceed $22,000.
(Conventions, Arts and Entertainment/City
Manager’s Office)
(Rules Committee referral 3/29/00)
Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment Nancy Johnson, and Budget Director Larry D. Lisenbee, dated March 29, 2000, noting the reason for the addendum and recommending Council adopt said appropriation ordinance amendments in the Community Facilities Revenue Fund.
Discussion/Action: Ordinance No. 26086, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Community Facilities Revenue Fund (422) in the Amount of $22,000 to Fund Appraisal Services Associated With the Ice Centre Financing Process; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
6f(6) Adoption of a resolution declaring five (5) parcels of City-owned land (excess right-of-way along Gold Street in the Alviso area) located north of Great America Parkway and State Route 237, surplus to the needs of the City and approving an agreement for their sale to Legacy Partners, the adjoining property owner, in the amount of $607,930. CEQA: Exempt. (Public Works)
(Rules Committee referral 3/29/00)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 28, 2000, noting the reason for addendum and recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69479, entitled: “A Resolution of the Council of the City of San José Declaring Five City-Owned Parcels of Property Surplus and Approving an Agreement to Sell Such Property to the Adjacent Property Owners, Legacy Partners for a Sum of $607,930”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
COMMISSION, COMMITTEE, AND STANDING REPORTS
7a Report of the Committee
of the Whole – February 28, 2000
Documents Filed: Committee of the Whole Report of February 28, 2000.
(1) Investing in Results Follow Up. Attachment: Memorandum from City Manager, Del Borgsdorf, dated February 18, 2000, providing an information only report summarizing the themes of the January 20, 2000 discussion on Policy Priorities.
The Committee accepted the follow-up report that included discussion of each of the seven draft Policy Priorities – Neighborhood Pride, Efficient Transportation Choices, Clean and Sustainable Environment, Competitive Business Environment, Safe Community, Personal Growth and Enrichment, and Customer-Driven Government.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Committee of the Whole Report of February 28, 2000 was accepted. Vote: 9-0-2-0. Absent: Diaz, Woody.
7b Report of the Rules
Committee – March 22, 2000
Documents Filed: Rules Committee Report of March 22, 2000.
(1) Review April 4, 2000 Draft Agenda
The Committee approved the April 4, 2000 City Council Agenda with two additions.
(2) Add New Items to March 28, 2000 Amended Agenda
The Committee recommended three additions to the March 28, 2000 City Council Agenda.
(3) Meeting Schedules. Attachment: Memorandum from Senior Executive Assistant, Interim Council Liaison Deanna J. Santana, dated March 21, 2000, advising Rules Committee of the location of the Special Council Meeting.
The Committee recommended approval to hold the Meeting on Investing in Results Follow-Up on April 13, 2000 at the Convention Center, Room J.
(4) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated March 16, 2000, listing the items transmitted to the Administration for the period March 8-14, 2000.
The Committee noted and filed the Public Record for the period March 8-14, 2000.
(5) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(a) Report back on Human Rights Commission request to hold a public forum on the issue of potential closure of San José Medical Center. Attachment: Memorandum from Senior Executive Assistant, Acting Council Liaison Deanna J. Santana, dated March 16, 2000, advising the Rules Committee of options for addressing the referral to the Administration regarding the recommendation from the Human Rights Commission that Council hold a public meeting on the issue of the potential closure of San José Medical Center.
With Member Diaz dissenting, the Committee noted and filed the Human Rights Commission recommendation and requested the Mayor send a letter to the Human Rights Commission supporting their efforts opposing the proposed closure of the San José Medical Center.
Discussion/Action: Vice Mayor Fiscalini reviewed background information related to the recommendation from the Human Rights Commission and subsequent referral to the Administration for a response on the resources needed to complete the request and identification of other options available to address the referral. He stated the Rules Committee, after its deliberations, agreed with the recommendation from the Administration that the decision of the private enterprise is not within Council purview to change; however, in lieu, the Rules Committee approved a recommendation to support the Human Rights Commission’s decision to schedule a public forum on the potential closure of the Medical Center. He stated the Committee further requested that the Mayor send a letter to Columbia expressing the City’s concern over the Medical facility’s closure. He recommended Council accept the Report summary of March 22, 2000 on Item 7b(5). The following individuals expressed their concerns regarding the potential closure of the Medical Center: Fred Hirsch, representing South Bay AFL-CIO Labor Council; Rosylin Dean; Tracey Ledbetter, RN, and Patty Lasky, representing California Nurses Association; Al Traugott and Greg Miller, representing Save the San José Medical Center Coalition; Ross Signorino; Peggy Elwell, representing Low Income Self-Help Center; Darlene E. Kivasco; and Fr. Larry Sweeney, representing First Christian Church of San José. The City Council expressed many concerns with respect to the potential closure of the San José Medical Center; however, of primary concern was the loss of the Trauma Center, the Urgent Care and Emergency Centers, and the Cancer Care Institute and Center; therefore, Council approved direction that the Mayor send a letter to Columbia HealthCare Association conveying the concerns regarding the proposed closure of the San José Medical Center.
(6) Oral communications
The following individuals spoke to the issue of the potential closure of the San José Medical Center: Michael Lyons, Chair of the Human Rights Commission; Patty Lasky, California Nurses Association; and Al Traugott, Save the San José Medical Center Coalition.
(7) Adjournment
The meeting was adjourned at 2:25 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 22, 2000 were accepted with public testimony from ten individuals expressing concern regarding potential closure of San José Medical Center, Item 7b(5)(a), and with direction that Mayor Gonzales send a letter to Columbia HCA conveying the concerns regarding potential closing of the San José Medical Center. Vote: 9-0-2-0. Absent: Diaz, Woody.
Council Member LeZotte left Chambers during consideration of Item 7c.
7c Report of the Finance
and Technology Committee – March 22, 2000
Documents Filed: Finance and Technology Committee Report of March 22, 2000.
(1) Monthly Financial Statement for February 2000
(2) Capital Cost Report for February 2000
(3) Cash Flow Projection
Items 1-3 to be heard by the Redevelopment Agency Board.
(4) Human Resources Update on Recruitment and Hiring
(a) Status Report on Recruitment Efforts for Public Safety. Attachments: (1) Memorandum from Director of Human Resources, Nona Tobin, dated March 14, 2000, transmitting a document entitled “A Business Case for Updating the Hiring System for the City of San José”, submitted by the Hiring Policy Advisory Group, dated March 14, 2000, and recommending the Finance and Technology Committee accept the status report on improvement efforts to update the hiring system in the City of San José. (2) Memorandum from Director of Human Resources, Nona Tobin, dated March 14, 2000, recommending the Finance and Technology Committee accept the status report on recruitment efforts for Public Safety Hiring.
The Committee recommended approval of the staff report with direction that Staff return to Council with a presentation on improvement efforts to update the hiring system, and that this report be presented prior to Council action on the issue.
Discussion/Action: See Item 9d for Council action taken.
(5) February Monthly Report. Attachment: Letter from City Auditor, Gerald A. Silva, dated March 15, 2000, transmitting the written report of the Office of the City Auditor’s activities for the month of February 15, 2000 through March 15, 2000 and schedule of audit costs for February 2000.
The Committee recommended approval of the staff report.
(6) Semi-Annual Follow-up Report on Outstanding Audit Recommendations. Attachment: Letter from City Auditor, Gerald A. Silva, dated March 20, 2000, transmitting Semi-Annual Follow-Up Report On All Outstanding Audit Recommendations For The Six Months Ended December 31, 1999.
The Committee recommended acceptance of the staff reports with the direction that the Planning, Building and Code Enforcement Department’s report on the Multiple Housing Roster to be presented to the Finance and Technology Committee prior to consideration by the City Council.
(7) Oral petitions
Bill Garbett spoke on the City’s recruitment and hiring efforts.
(8) Adjournment
The meeting was adjourned at 11:00 a.m.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Fiscalini and unanimously carried, the Finance and Technology Committee Report and actions of March 22, 2000 were accepted with Council action on Item 7c(4)(a) taken at Item 9d.
7e Report of the
Transportation and Environment Committee – March 23, 2000
Documents Filed: Transportation and Environment Committee Report of March 23, 2000.
(1) Consent Calendar. Attachments: (1) Memorandum from Director of Public Works Ralph A. Qualls Jr., and Director of Aviation Ralph G. Tonseth, dated March 8, 2000, submitting a status report on the Airport Transportation Access Plan. (2) Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 7, 2000, submitting a status report on construction of the new Caltrain maintenance facility.
(a) Airport Transportation Access Plan Status Report
(b) Caltrain Maintenance Facility Status Report
The Committee approved the Consent Calendar and recommended acceptance of the status reports.
(2) Airport Master Plan Implementation Program
(a) Annual Status Report on the Airport Master Plan Attachment: Memorandum from Director of Aviation, Ralph G. Tonseth, dated March 9, 2000, recommending acceptance of the annual status report on the Airport Master Plan for 1999.
The Committee recommended acceptance of the Annual Status Report on the Airport Master Plan for 1999 in compliance with Chapter 25.04.1210 of the San José Municipal Code.
(b) Annual Report on Airline Compliance with the Airport Noise Control Program. Attachment: Memorandum from Director of Aviation, Ralph G. Tonseth, dated March 9, 2000, recommending acceptance of the annual report on airline compliance with the Airport Noise Control Program.
The Committee recommended acceptance of the 1999 Annual Report on Airport Noise Control Program pursuant to Chapter 25.04.510 of the San José Municipal Code.
(3) Discussion on City of San José-New Energy Venture Service Contract. Attachment: Memorandum from Director of General Services, Steve S. Yoshino, dated March 14, 2000, transmitting a status report on the procurement of electrical power.
No action required at this time.
(4) Report on Green Building Task Force. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated March 9, 2000, submitting the Green Building Program recommendations for action.
The Committee recommended approval of the report of the Green Building Task Force with recommendations to (a) accept the Green Building Program; (b) approve the Green Building recommendations for action as developed by the members of the community; (c) direct the Environmental Services Department to continue to work with the members of the Green Building Task Force and Work Group and other City Departments to implement the Green Building recommendations and return to Council within one year; and (d) authorize the City Manager or his designee to approve the agreement with the California Integrated Waste Management Board for grant funds to implement a Green Building Program for the amount of $60,619 for the term of April 1, 2000 through April 30, 2001.
Discussion/Action: See Item 9l for Council action taken.
(5) BART to San José Project Status Report. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, submitting a status report on the Bay Area Rapid Transit (BART) to San José project.
The Committee noted and filed the status report. No other action required at this time.
(6) 1999 Annual Infrastructure Management System (IMS) and Maintenance Needs Status Report. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated March 8, 2000, attaching the annual status report of the Infrastructure Management System program.
The Committee recommended acceptance of the 1999 Annual Infrastructure Management System (IMS) and Maintenance Needs Status Report.
(7) Oral petitions
None Presented.
(8) Adjournment
The meeting was adjourned at 3:35 p.m.
Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the Transportation and Environment Committee Report and actions of March 23, 2000 were accepted with Item 7e(4) acted upon at Item 9l. Vote: 8-0-3-0. Absent: Diaz, LeZotte, Woody.
7f Report of the Education, Neighborhoods, Youth, and Seniors Committee – March 20, 2000
Documents Filed: Education, Neighborhoods, Youth and Seniors Committee Report of March 20, 2000.
(1) Annual Family Camp Report and Rate Resolution. Attachment: Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated March 8, 2000, requesting the Education, Neighborhoods, Youth & Seniors Committee recommend that Council (a) approve the report of 1999 Family Camp operations; (b) approve the continued operation of Family Camp in 2000 with a goal of achieving direct cost recovery; and (c) adopt a resolution setting the schedule of charges to be paid by persons at San José Family Camp.
The Committee recommended acceptance of the report.
Discussion/Action: See Item 9b for Council action taken.
(2) Annual Child Care Report. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 8, 2000, presenting the annual status report on the Child Care Study for Fiscal Year 1998-1999.
The Committee recommended acceptance of the report.
(3) Youth Commission Monthly Report. Attachment: Memorandum from San José Youth Commission Chairperson Erica Garcia, dated March 8, 2000, submitting the February 2000 activities report of the Youth Commission.
The Committee recommended acceptance of the report.
(4) Adoption of a Council Policy on Coordinated City Education Strategy. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 8, 2000, requesting the Education, Neighborhoods, Youth and Seniors Committee recommend that Council adopt the proposed language as the City’s education policy.
The Committee recommended acceptance of the report and adoption of the Council Policy.
Discussion/Action: See Item 9c for Council action taken.
(5) Oral Petition
None Presented.
(6) Adjournment
The meeting was adjourned at 2:50 p.m.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Powers and unanimously carried, the Education, Neighborhoods, Youth, and Seniors Committee Report and actions of March 20, 2000 accepted with Council action on Item 7f(1) taken at Item 9b and Item 7f(4) acted upon at Item 9c. Vote: 8-0-3-0. Absent: Diaz, LeZotte, Woody.
Council Member LeZotte returned to Chambers at 2:35 p.m.
9a (1) Approval
of the 1999-2000 Airport Master Plan Staffing and Resource Plan, including the
authorization of 21 new positions within the Airport Department, one (1)
position in the Information Technology Department, one (1) position in the
Office of Equality Assurance, and one (1) position in the Department of Public
Works to manage and coordinate the work necessary to implement the first phase
of the Airport Master Plan and associated projects, including non-personal
items necessary to support the program. (Airport)
(1)
Adoption of
appropriation ordinance and funding sources resolution amendments in the
Airport Maintenance and Operations Fund in the amount of $1,035,151, and in the
General Fund in the amount of $108,525, to provide funds for the various
positions and non-personal services included in the Airport Master Plan
Staffing and Resource Plan.
(Airport/City Manager’s Office)
Documents Filed: (1) Memorandum from Director of Aviation, Ralph G. Tonseth, dated March 17, 2000, recommending Council approve the 1999-2000 Airport Master Plan Staffing and Resource Plan. (2) Memorandum from Director of Aviation Ralph G. Tonseth, and Budget Director Larry D. Lisenbee, dated March 17, 2000, recommending Council adopt said appropriation ordinance amendments in the Airport Maintenance and Operation Fund, authorize the recommended number of positions and their classifications as referenced in the Airport Master Plan Staffing and Resources Plan, and adopt appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the 1999-2000 Airport Master Plan Staffing and Resource Plan, including the authorization of 21 new positions within the Airport Department, one (1) position in the Information Technology Department, one (1) position in the Office of Equality Assurance, and one (1) position in the Department of Public Works, were approved; Ordinance No. 26087, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Airport Maintenance and Operations Fund in the Amount of $1,035,151 and to Appropriate Moneys in the General Fund in the Amount of $108,525 for the Airport Master Plan Staffing and Resources Plan; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69480, 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: Diaz, Woody.
9b Acceptance of the Annual
Family Camp Report and adoption of a resolution setting fees for Family Camp.
[Education, Neighborhoods, Youth and
Seniors Committee referral 3/20/00 – Item 7f(1)]
Documents Filed: Memorandum from Acting Council Liaison, Deanna J. Santana, dated March 31, 2000, conveying to Council the action taken by the Education, Neighborhoods, Youth and Seniors Committee to approve the Staff report and recommendation.
Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Powers and unanimously carried, Resolution No. 69481, entitled: “A Resolution of the Council of the City of San José Fixing and Establishing a Schedule of Charges to be Paid by Persons at San José Family Camp and Repealing Resolution No. 68717”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
9d Acceptance of the report
of the Hiring Policy Advisory Committee and direction to the Administration to
take appropriate actions to implement the recommendations.
[Finance and Technology Committee referral
3/22/00 – Item 7c(4)]
Documents Filed: None.
Discussion/Action: This item was deferred to April 18, 2000.
9e (1) Adoption of a resolution:
(a) Ratifying
the City Manager’s authority to negotiate and execute three-year agreements and
supplemental grant award agreements for State San José LEARNS grants in an
amount not to exceed $6,000,000.
(b) Authorization
for the City Manager to negotiate and execute agreements with the school
districts associated with the San José LEARNS Program.
(2) Adoption
of related appropriation ordinance and funding sources resolution amendments in
the General Fund.
(Parks, Recreation and Neighborhood
Services/City Manager’s Office)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, and Budget Director Larry D. Lisenbee, dated March 15, 2000, recommending Council adopt said resolution and related appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member LeZotte and unanimously carried, Resolution No. 69482, entitled: “A Resolution of the Council of the City of San José Ratifying the City Manager’s Authority to Negotiate and Execute Three-Year Agreements and Supplemental Grant Award Agreements for State San José Learns Grants in an Amount Not to Exceed $6 Million; and Authorizing the City Manager to Negotiate and Execute Agreements With the School Districts Associated With the San José Learns Program”; Ordinance No. 26088, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Additional Moneys in the General Fund to the Parks, Recreation & Neighborhood Services Department in the Amount of $126,575 for the San José Learns Program; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69483, 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: Diaz, Woody.
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)
(Deferred from 03/28/00 – Item 9h)
Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated April 4, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69484, entitled: “Resolution of the Council of the City of San José Reciting That a General Municipal Election Was Held in the City of San José on Tuesday, March 7, 2000, Which Was Consolidated With the State Primary Election on That Date; Stating the Offices to be Filled at the Election; and Finding and Declaring That the Registrar of Voters of the County of Santa Clara Has Canvassed the Returns of the Election, and Confirming the Results of the Canvass; Stating the Whole Number of Votes Cast in the City, the Names of the Persons Voted for, the Office Each Person was Voted for, the Number of Votes Given at Each Precinct to Each Person; Finding and Declaring That Pat Dando Was Elected to the Office of Member, City Council, District 10; and That Measure O, Entitled ‘Initiative Ordinance, Airport Terminals and Transportation Projects’ Failed; and Calling and Giving Notice of a General Municipal Election to be Held in the City of San José on November 7, 2000, for the Purpose of Electing One Person Each From Council Districts Two, Four, Six and Eight to the Council of the City of San José for Full Four-Year Terms; Requesting the Consolidation of Said Election With the State General Election to be Held in Santa Clara County on November 7, 2000, Requesting the Board of Supervisors of the County of Santa Clara to Canvass the Returns of the Election and to Permit the County Registrar of Voters to Render Certain Services to the City of San José Relating to the Conduct of the Election; Establishing Fees for Candidates Statements and For Filing Notices of Intent to Circulate Petitions; and Directing That Certain Other Actions be Taken With Regard to the Election”, was adopted. Vote: 9-0-2-0. Absent: Diaz, Woody.
9c Adoption of a Council
Policy on coordinated City Education Strategy.
[Education, Neighborhoods, Youth and
Seniors Committee referral 3/20/00 – Item 7f(4)]
Documents Filed: Memorandum from Acting Council Liaison, Deanna J. Santana, dated March 31, 2000, conveying to Council the action taken by the Education, Neighborhoods, Youth and Seniors Committee to approve the Staff report and recommendation.
Discussion/Action: Director of Parks, Recreation and Neighborhood Services, Mark Linder, presented background information on the proposed education policy and the directive to Staff to develop a common purpose for the City’s role in education and identification of a collective education policy that establishes a unified direction for the City-school partnership. Using overhead transparencies, he stated the Education Policy is comprised of two components – “Purpose Statement” and “Strategic Outcome” – and will serve as the foundation for the City’s working relationships with public schools serving San José youth. He stated the City will not assume the role of educator, but would take a supportive role that would enhance the capacity of schools to educate children. He stated the six strategic outcome areas will focus on the Collaborative’s priorities, the Mayor’s current educational objectives, and the common ground reached by City department heads, school district representatives, and community-based organizations. Once adopted, he stated the City’s Education Policy may be used as the basis for meaningful planning and measurement of the City’s work with schools; that City departments, utilizing the framework with a definition of the City’s role in education, will be able to align programs and services to the strategic outcome areas, appropriately; and that the alignment will enable City Staff to track progress in a cumulative way and establish the collective impact of the work on the success of San José’s youth, their families and the community. Referencing the Education Policy, Council Member Powers queried Staff on the absence of an Arts and Music Program component, and urged Staff to identify specific enrichment activities to be implemented by the Policy. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the Staff recommendation to adopt the Purpose to “Enhance the Capacity of the Public Schools to Provide a Safe Environment and Increase Student Success” as the City’s Education Policy, was approved. Vote: 9-0-2-0. Absent: Diaz, Woody.
9f 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)
(Deferred from 03/28/00 – Item 9a)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher,
dated March 15, 2000, recommending Council approve said ordinances. (2) Notice
of Public Hearing to consider the Commercial Solid Waste and Recyclables
Collection Franchise applications for the two contractors, dated March 13,
2000, and Proof of Publication executed on March 17, 2000, submitted by the
City Clerk.
Discussion/Action: Mayor Gonzales opened the public hearing to
consider Commercial Solid Waste and Recyclables Collection Franchise
applications for Eller Media Company and Coast Dumpster Service. There was no discussion from the Floor. Upon
motion by Vice Mayor Fiscalini, seconded by Council Member Dando and
unanimously carried, the public hearing was closed and Ordinance No. 26089,
entitled: “An Ordinance of the City of San José Granting a Commercial Solid
Waste and Recyclables Collection Franchise to Eller Media Company”; and
Ordinance No. 26090, entitled” “An Ordinance of the City of San José Granting a
Commercial Solid Waste and Recyclables Collection Franchise to Phillip A.
Ingram DBA Coast Dumpster Service”, were passed for publication. Vote: 9-0-2-0.
Absent: Diaz, Woody.
9g 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)
(Deferred from 03/28/00 – Item 9b)
Documents Filed: (1) Memorandum from Mayor Gonzales and Vice Mayor Fiscalini, dated April 4, 2000, responding to concerns expressed during Council discussion of the Recycle Plus Request for Proposal. (2) Supplemental memorandum from Director of Environmental Services, Carl W. Mosher, dated April 3, 2000, recommending Council accept the supplemental report and the status update on the Recycle Plus RFP. (3) Memorandum from City Attorney, J. Richard Doyle dated April 3, 2000, addressing legal issues regarding worker retention requirements. (4) Memorandum from Director of Environmental