MINUTES OF THE CITY COUNCIL

 

 

SAN JOSÉ, CALIFORNIA                                                                                     TUESDAY, JUNE 13, 2000

 

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, Diaz, Diquisto, Fiscalini, LeZotte, Matthews, Powers, Shirakawa Jr., Woody; Gonzales

 

               Absent: Council Members:         None.

 

            Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with Real Property Designated Representatives Darrell Dearborn for the City of San José and Jeff Davenport for the Hayes Conference Center, pursuant to Government Code Section 54956.8, concerning the negotiation of lease price and terms of payment; (B) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the cases of In re Donez, Jr.; Goode, et al. v. City of San José et al.; and Lampkin v. City of San José; and (C) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Darrell Dearborn and the International Association of Firefighters Employee Organization; and City Negotiator, City Manager designee Alex Gurza and the San José Police Officers Association.

 

            By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.

 

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

 

            Absent: Council Members:            None.

 

INVOCATION

 

Approximately 25 students from Estudiantina de River Glen, a Spanish Immersion Magnet Program of San José Unified School District, performing with guitars and mandolins, sang in Spanish, Canciones Para los Niňos-El Lobito Bueno and Don Martin. The students were accompanied by Music Director Victor Hugo Santos, Principal Cecilia Berrie, and parents, teachers, administrators, and friends of River Glen School.

(District 6)

 

PLEDGE OF ALLEGIANCE

 

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 with one additional deferral of Item 6f(5) to June 20, 2000. Vote: 11-0-0-0.

 

CEREMONIAL ITEMS

 

5a            Presentation of commendation to the Human Resources Department for receipt of the Northern California Chapter of the International Personnel Management Association (NCCIPMA) Agency Award for Excellence for Innovation in Human Resources.

(City Manager’s Office)

(Deferred from 5/30/00 – Item 5b)

 

Documents Filed: Memorandum from City Manager, Del Borgsdorf, dated May 10, 2000, recommending recognition of the Human Resources Department for receipt of the Northern California Chapter of the International Personnel Management Association Agency Award for Excellence for Innovation in Human Resources. 

 

Discussion/Action: Mayor Gonzales introduced Kaye Eveleth, NCCIPMA Board Member and Chair of the Chapter Award for Excellence Committee for the Northern California Chapter of the International Personnel Management Association, who presented the award to Nona Tobin, Director of Human Resources, in recognition of the Department’s overall quality, accomplishments and contributions exceeding the normal operation of a good-government human resources program, and for the demonstrated excellence in innovation for the provision of human resources services. On behalf of the City Council, Mayor Gonzales presented the commendation to Human Resources Director Nona Tobin, in recognition of the Department’s innovation and effectiveness in keeping pace with the highly competitive job market here in Silicon Valley.

 

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: 11-0-0-0.

 

Ordinances for Final Adoption

 

6b(1)    ORD. NO. 26130 – Exempts projects which had received plan check approval prior to January 10, 2000 from the provisions of Ordinance No. 26017 relating to permit requirements for single family houses.

 

Documents Filed: Proof of publication of the title of Ordinance No. 26130 executed on June 6, 2000, submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 26130 was adopted. Vote: 11-0-0-0.

 

6b(2)    ORD. NO. 26131 – Grants a Commercial Solid Waste Recyclables Collection Franchise to EMS, L.L.C.

 

Documents Filed: Proof of publication of the title of Ordinance No. 26131 executed on June 6, 2000, submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 26131 was adopted. Vote: 11-0-0-0.

 

6b(3)    ORD. NO. 26137 – Rezones certain real property situated at the northeasterly corner of Palmia Drive and Palm Valley Boulevard.  PDC 99-02-011

 

Documents Filed: Proof of publication of the title of Ordinance No. 26137 executed on June 9, 2000, submitted by the City Clerk. 

 

Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26137 was adopted. Vote: 11-0-0-0.

 

Public Hearings Set by Council

 

6c(1)            Adoption of a resolution initiating proceedings for an ordinance amending Chapter 20.08 of Title 20 of the San José Municipal Code to include a height exception for wireless communication antenna, Chapter 20.04 to revise the definition of “wireless communication antenna, building mounted”, and Chapter 20.24 to make a technical change to the R-2 and R-3 Residence Districts; setting a public hearing on August 1, 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 May 22, 2000, recommending Council adopt said resolution.

 

Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69637, entitled: “A Resolution of the Council of the City of San José Initiating proceedings to Amend Chapter 20.08 of Title 20 of the San José Municipal Code to Include a Height Exception for Wireless Communication Antenna, Chapter 20.04 to Revise the Definition of ‘Wireless Communication Antenna, Building Mounted’, and Chapter 20.24 to Make a Technical Change to the R-2 and R-3 Residence Districts, and Setting a Public Hearing for August 1, 2000 at 7:00 p.m. and Referring Said Ordinance to the Planning Commission for its Recommendation and Comments”, was adopted. Vote: 11-0-0-0.

 

Plans and Specifications

 

6d(1)            TRACT NO. 9236 - Northwest corner Jacksol and Faircrest - Summerhill Jacksol LTD, a California Limited Partnership, by Summerhill Jacksol Inc., a California Corporation, General Partner (Developer) - 4 single family detached residential units.  Adoption of a resolution approving the final map for Tract No. 9236.  CEQA:  ND.  District 9.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated June 6, 2000, recommending Council adopt said resolution for Tract No. 9236.

 

Discussion/Action: Resolution No. 69638, “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9236”, was adopted. Vote: 11-0-0-0.

 

Contracts/Agreements

 

6e(1)            Approval of a second amendment to the agreement with Campbell-Hill Aviation Group, Inc., for air services consulting for the San José International Airport, increasing compensation by $125,000, from $400,000 to a total agreement amount of $525,000.  CEQA:  Exempt.  (Airport)

 

Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 22, 2000, recommending Council approve the second amendment to said agreement.

 

Discussion/Action: The second amendment to the agreement with Campbell-Hill Aviation Group, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

 

6e(2)            Approval of a second amendment to the consultant agreement with David J. Powers & Associates, Inc., for environmental analysis of Airport issues and projects, including the San Francisco International Airport and Federal Aviation Administration proposals, increasing compensation by $55,000, from $95,000 to $150,000, and extending the term of the agreement through June 30, 2001. (Airport)

 

Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 22, 1000, recommending Council approve the second amendment to said consultant services agreement.

 

Discussion/Action: The second amendment to the consultant services agreement with David J. Powers & Associates, Inc., was approved and execution of the amendment authorized. Vote: 11-0-0-0.

 

6e(3)            Adoption of a resolution authorizing the City Attorney to negotiate and execute a fourth amendment to the agreement with J.J. Reporting Services for court reporting services, extending the term through June 30, 2001, and increasing compensation by $20,000, to a total amount not to exceed $70,000.

(City Attorney’s Office)

 

Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated June 7, 2000, recommending Council adopt said resolution.

 

Discussion/Action: Resolution No. 69639, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Fourth Amendment to the Agreement With J.J. Reporting Services for Court Reporting Services to Extend the Term Through June 30, 2001, and to Increase Compensation by $20,000 for a Total Amount Not to Exceed $70,000”, was adopted. Vote: 11-0-0-0.

 

6e(4)            Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Alan Counihan to fabricate and install a public artwork to commemorate the Ohlone people in an amount not to exceed $160,000.  CEQA:  Resolution No. 61620.  (Conventions, Arts and Entertainment)

 

Documents Filed:  Director of Conventions, Arts and Entertainment, Nancy Johnson, dated May 22, 2000, recommending Council approve an agreement with Alan Counihan for said artwork.

 

Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69640, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Alan Counihan to Fabricate and Install a Public Artwork at Confluence Point to Commemorate the Ohlone People, in An Amount Not to Exceed $160,000”, was adopted. Vote: 11-0-0-0.

 

6e(5)            Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement to the Foreign Trade Zone Operating Agreement with San José Distribution Services to move the Foreign Trade Zone General Purpose Zone from 567 Cinnabar Street to a new location at 410 North Autumn Street. 

(Economic Development)

 

Documents Filed: Memorandum from Director of Economic Development, Leslie S. Parks, dated May 22, 2000, recommending Council approve an amendment to the Foreign Trade Zone Operating Agreement with San José Distribution Services.

 

Discussion/Action: Resolution No. 69641, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Amendment to the Foreign Trade Zone Agreement With San José Distribution Services, Inc.”, was adopted. Vote: 11-0-0-0.

 

6e(6)            Approval of a third amendment to the consultant agreement with Spanish Masters Inc., for bilingual advertising of Environmental Services Department’s programs, extending the term of the agreement from July 1, 2000 to June 30, 2001, at no additional cost to the City.  (Environmental Services)

 

Documents Filed:  None.

 

Discussion/Action:  This item was deferred to June 27, 2000.

 

6e(7)            Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 #38, 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 May 22, 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. 38 for Fiscal Year 1999-2000 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.

 

6e(8)            Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 #39, and authorization for the Director of General Services to execute the purchase orders.  (General Services)

 

Documents Filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated May 22, 2000, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated June 9, 2000, recommending approval of said open purchase orders list.

 

Discussion/Action: The award of open purchase orders List No. 39 for Fiscal Year 1999-2000 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.

 

6e(9)    Report on Request for Quotation and award of contract to rehabilitate multi-media filters at the Environmental Services Department’s Water Pollution Control Plant with ERS Industrial Services Inc. for a total cost of $136,583.35, and authorization for the Director of General Services to execute the service order.  (General Services)

 

Documents Filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated May 22, 2000, recommending Council approve said award, and authorize the Director of General Services to execute the service order. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Bob Livengood, dated June 9, 2000, recommending approval of said award.

 

Discussion/Action: The report on the RFQ was accepted and award of contract to ERS Industrial Services Inc. was approved and execution of the service order authorized. Vote: 11-0-0-0.

 

6e(10)            Approval of a continuation agreement with the San José State University Foundation (SJSUF) to digitize maps to the City’s Geographic Information Systems, extending the term of the contract through June 30, 2001, increasing hourly compensation from $12.50 to $13.00, and increasing the amount of total compensation by $42,000, from $40,000 to a total agreement amount of $82,000.  (Planning, Building and Code Enforcement)

 

Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 22, 2000, recommending Council approve said continuation agreement.

 

Discussion/Action: The continuation agreement with the San José State University Foundation was approved and its execution authorized. Vote: 11-0-0-0.

 

6e(11)  Report on bids and award of contract for the Street Lights Citywide 2000 Phase C Project to the low bidder, Pacific Electric Company, in the amount of $272,593.  CEQA:  Exempt.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder.

 

Discussion/Action:  The report on bids was accepted and award of contract to Pacific Electric Company, the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

6e(12)  Report on bids and award of contract for the Washington Neighborhood Alley Improvement Project as part of the Washington Neighborhood Revitalization Plan to the low bidder, Wattis Construction Company, Inc., in the amount of $126,026, and approval of a contingency in the amount of $15,000.  CEQA: Resolution No. 65459.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder, Wattis Construction Company, Inc.

 

Discussion/Action: The report on bids was accepted and award of contract to Wattis Construction Company, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

6e(13)  Report on bids and award of contract for the San Tomas Aquino Creek Trunk Sanitary Sewer Rehabilitation Project to the lowest responsive bidder, Insituform Technologies, Inc., in the amount of $274,253.25, and approval of a contingency in the amount of $24,000.  CEQA:  Exempt.  (Public Works)

 

Documents Filed:  (1) Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the lowest responsive bidder, Insituform Technologies, Inc. (2) Letter from attorneys for Preussag Pipe Rehabilitation, Inc., Frank A. Satalino of Andrade & Associates, dated June 1, 2000, responding to Deputy City Attorney Kevin Fisher’s correspondence regarding the award of bid for the subject project.

 

Discussion/Action: Jay Keating, General Manager of Preussag Pipe Rehabilitation, Inc., and Frank Satalino, Esq., spoke against the staff recommendation to award the contract to Insituform Technologies, Inc. In response to the speakers’ comments regarding the bid bond, City Attorney J. Richard Doyle stated the low bidder did not use the City’s standard bond form provided in the proposal documents, as required by the specifications. Pointing out material differences in the bond forms, he stated the submitted bond form did not cover extensions of time for the City to accept the bid, nor was there an express waiver of the surety’s right of noticing any such extension; furthermore, the City’s bond form provides for recovery of costs and attorneys fees in the event judgment is obtained, the bond form submitted by the low bidder did not include these provisions. He stated the form submitted was materially deficient, therefore, the bid is deemed non-responsive. The report on bids was accepted and award of contract to Insituform Technologies, Inc,, the lowest responsive bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

6e(14)  Report on bids and award of contract for the Butcher Park Irrigation Renovation Project to the low bidder, RMT Landscape, Inc. to include the base bid and Add Alternate No. 1 in the amount of $201,126, and approval of a contingency in the amount of $20,000.   CEQA:  Exempt.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder, RMT Landscape, Inc.

 

Discussion/Action:  The report on bids was accepted and award of contract to RMT, Landscape, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

6e(15)  Report on bids and award of contract for the Singleton Road Gas Collection System Upgrade (Revised) Project to the low bidder, LFG &E International, in the amount of $48,538, and approval of a contingency in the amount of $30,000. CEQA: Exempt. (Public Works)

 

Documents Filed: (1) Supplemental memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 30, 2000, providing additional information subsequent to the receipt of bids and recommending Council accept the bid report and award said contract to the low bidder, LFG &E International. (2) Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder.

 

Discussion/Action: The report on bids was accepted and award of contract to LFG&E International was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

6e(16)            Approval of a first amendment to the agreement with Levy Design Partners (LDP) for architectural and engineering consultant services for the San José International Airport’s Terminal C Restroom Upgrade Project, increasing compensation by $12,000, from $106,000 to a total agreement amount of $118,000, and extending the term of the agreement from June 30, 2000 to June 30, 2001.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council approve the first amendment to said consultant services agreement.

 

Discussion/Action: The first amendment to the consultant services agreement with Levy Design Partners was approved and execution of the amendment authorized. Vote: 11-0-0-0.

 

6e(17)  Report on bids and award of contract for the Convention Center Telecommunication Rooms (Revised) Project to the low bidder, and approval of a contingency in the amount of $10,000.  (Public Works)

 

Documents Filed:  Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder.

 

Discussion/Action:  This item was dropped.

 

6e(18)  Report on bids and award of contract for the San José International Airport - Construction and Design Modifications 2000 - General Engineering Contract to the low bidder, Lowery Engineering Construction, in the amount of $200,000.  CEQA:  Resolution No. 67380.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder, Lowery Engineering Construction.

 

Discussion/Action: The report on bids was accepted and award of contract to Lowery Engineering Construction, the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

6e(19)  This item was removed from the Consent Calendar and considered separately.

 

Routine Legislation

 

6f(1)            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)

[Deferred from 4/11/00 – Item 6f(2) et al., and 5/2/00 – Item 6f(4)]

 

Documents Filed:  None.

 

Discussion/Action: This item was deferred to June 27, 2000.

 

6f(2)            Adoption of an appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund with a net impact to the fund in the amount of $200,000 for the Cisco North Coyote Valley Improvements Project, including the Bailey Ave./Hwy 101 interchange.  (City Manager’s Office)

 

Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated May 22, 2000, recommending Council approve said appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund.

 

Discussion/Action: Ordinance No. 26138, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 to Appropriate Moneys in the Construction Excise Tax Fund in the Amount of $200,000 for the Bailey Avenue/Highway 101 Interchange Project and the North Coyote Valley Improvements Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69642, 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 Construction Excise Tax Fund”, were adopted. Vote: 11-0-0-0.

 

6f(3)            Adoption of a resolution authorizing the City Manager to accept donations for the San José Public Library from the San José Public Library Foundation in an amount not to exceed $190,000, for the period July 1, 2000 to June 30, 2001.  (Library)

 

Documents Filed: Memorandum from City Librarian, Jane Light, dated May 22, 2000, recommending Council adopt said resolution.

 

Discussion/Action: Resolution No. 69643, entitled: “A Resolution of the Council of the City of San José Authorizing Acceptance of Donations From the San José Public Library Foundation in an Amount Not to Exceed $190,000 for the Period July 1, 2000 Through June 30, 2001”, was adopted. Vote: 11-0-0-0.

 

6f(4)            Adoption of a resolution authorizing the Director of Public Works to grant a Revocable Encroachment Permit to the Pacific Gas and Electric Company (PG&E) to allow gas and power transmission facilities to cross the Tasman Drive right-of-way between Zanker Road and Coyote Creek and agreeing to pay for any future relocation of the facilities caused by the City. (Public Works)

 

Documents Filed:  Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council adopt said resolution.

 

Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 69644, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Public Works to Issue a Revocable Encroachment Permit to Pacific Gas and Electric Company (PG&E) Allowing Gas and Power Transmission Facilities to Cross Tasman Drive, Between Zanker Road and Coyote Creek, and Agreeing to Pay for Any Future Relocation of the Utilities”, was adopted. Vote: 11-0-0-0.

 

6f(5)            Approval of the Fiscal Years 1998-1999 and 1999-2000 San José Arena Management Normal Capital Repairs and Replacements and Parking Capital Repairs and Replacements Budgets. (San José Arena Authority)

 

Documents Filed: None.

 

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

 

END OF CONSENT CALENDAR

 

COMMISSION, COMMITTEE, AND STANDING REPORTS

 

7b        Report of the Rules Committee – May 31, 2000

 

Documents Filed: Rules Committee Report of the May 31, 2000 meeting.

 

(1)        Review June 13, 2000 Draft Agenda

 

The Committee approved the June 13, 2000 City Council Agenda with one change.

 

(2)        Add New Items to June 6, 2000 Amended Agenda

 

The Committee recommended eight additions and one change to the June 6, 2000 City Council Agenda.

 

(3)        Meeting Schedules

 

None Presented.

 

(4)        The Public Record. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, dated May 25, 2000, listing the items transmitted to the Administration and the items filed for the Public Record for the period May 17-23, 2000. (2) Memorandum from Acting Council Liaison, Deanna J. Santana, dated May 31, 2000, noting disposition of the items transmitted to the Administration and filed for the Public Record for the period May 17-23, 2000.

 

The Committee noted and filed the Public Record for the period May 17-23, 2000.

 

(5)        Boards and Commissions

(a) Airport Commission. Attachment: Memorandum from Council Member Powers, dated May 26, 2000, recommending one appointment to the Airport Commission.

 

The Committee recommended appointment of Warren Carl Honaker to a four-year term ending June 30, 2004.

 

 (b) Arts Commission. Attachment: Memorandum from Council Member Powers, dated May 26, 2000, recommending four applicants for appointment to the Arts Commission.

 

The Committee recommended appointment of Sunil Baliga (Incumbent), Stephen Belkin, Ben Miyaji (Incumbent), and Joanna Phillips (Incumbent) to three-year terms ending June 30, 2003.

 

(c) CDBG Steering Committee

 

The Committee recommended appointment of Preston Powell as the District 3 Representative for a four-year term ending June 30, 2004.

 

(d) Disadvantaged Business Development Commission

 

The Committee directed the City Clerk to readvertise the vacant positions on the Commission.

 

(e) Human Rights Commission

 

The Committee did not recommend an appointment.

 

(f) Library Commission. Attachment: Memorandum from Council Member Powers, dated May 26, 2000, recommending two applicants for appointment to the Library Commission.

 

The Committee recommended appointment of George Berhitoe and James King (Incumbent) to four-year terms ending June 30, 2004.

 

(6)        Request to use Council General funds to attend League of California Cities’ Executive Forum in Monterey, CA, July 26-28, 2000. Attachments: (1) Memorandum from Council Member Woody, dated May 24, 2000, submitting authorization for the use of Council General Funds to attend the League of CA Cities Executive Forum in Monterey, CA. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated May 24, 2000, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.

 

The Committee approved the use of Council General funds by Council Member Woody to attend the League of California Cities’ Executive Forum in Monterey, CA July 26-28, 2000.

 

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

 

None Presented.

 

(8)        Oral communications

 

William J. Garbett commented on the Brown Act.

 

(9)        Adjournment

 

The meeting was adjourned at 2:10 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 May 31, 2000 were accepted. Vote: 11-0-0-0.

 

Contracts/Agreements

 

6e(19)            Approval of the first amendment to the consultant agreement with Kleinfelder, Inc., for geotechnical evaluation of the Alum Rock Park entrance at Alum Rock Avenue, to provide for additional consultant services at an additional cost of $15,000, for a total agreement amount of $65,000.  (Public Works)

 

Documents Filed:  Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council approve the first amendment to said consultant services agreement.

 

Discussion/Action: This item was removed from the Consent Calendar and heard at a time convenient for testimony from Judy and Allan W. Thompson, representing PARC – S.O.S. & PACT, who expressed their concerns regarding the Alum Rock Park entrance and hazardous conditions that have existed since the 1998 landslide and subsequent rains which damaged the park entrance. The Thompson’s enumerated several concerns and asked questions relative to the disbursement of the $50,000 approved in 1999 and the reason for additional funding, completion date of the consultant’s study and subsequent availability to the public and report to Council, and disposition of the agreement between the City and the County for the completion of specific improvements on Crothers Road. Responding to the speakers’ concerns, City Attorney J. Richard Doyle and Public Works Deputy Director Rajeev Batra provided justification for the additional $15,000 and an accounting of the $50,000 that was approved in November 1999; explained that the consultant’s full report will be completed by August and presented to the City Council in September 2000 and available to the public; and that every available option will be explored to keep Alum Rock Park open and available to park patrons. With respect to the Right of Entry Agreement, Rajeev Batra stated collaborative efforts between the City and the County would continue until the work on Crothers Road is complete. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr. and unanimously carried, the first amendment to the consultant services agreement with Kleinfelder, Inc., was approved and execution of the amendment authorized. Vote: 11-0-0-0.

 

GENERAL GOVERNMENT

 

9a            Approval of an ordinance amending Chapter 4.80 of Title 4 of the San José Municipal Code to establish the Anti-Tobacco Master Settlement Agreement Revenue Fund.  (City Manager’s Office)

[Deferred from 5/30/00 – Item 6f(2)]

 

Documents Filed:  None.

 

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

 

9b            Adoption of a resolution authorizing the City Manager to:

(1)        Negotiate and execute an agreement between the City of San José and Pacific Gas and Electric Company (PG&E), providing up to $406,060 in funds to the City for implementation of Phase I of a Community Energy Efficiency Program.

(2)        Submit two (2) additional funding applications to PG&E, in the amount of $100,000 to promote energy efficiency in new construction and residential rehabilitation and $200,000 to promote energy efficiency to small businesses.

(Environmental Services)

 

Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 22, 2000, recommending Council adopt said resolution.

 

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, Resolution No. 69645, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement Between the City of San José and Pacific Gas & Electric Company Providing Funding to the City in An Amount Up to $406,060 for Implementation of the First Phase of a Community Energy Efficiency Program and Further Authorizing the City Manager to Submit Two Additional Funding Applications to Pacific Gas & Electric Company for Up to $300,000 in Additional Funding to Promote Energy Efficiency in New Construction, Residential Rehabilitation and Small Businesses”, was adopted. Vote: 11-0-0-0.

 

9c            Adoption of a resolution authorizing the issuance of one (1) series of taxable and one (1) series of tax-exempt multifamily housing revenue bonds in the combined not-to-exceed principal amount of $8,400,000 and approving a loan of the proceeds to a limited partnership created by RHC Communities for financing the acquisition and rehabilitation of the Almaden Plaza Apartments Project, located at 2431, 2435, 2439 and 2445 Rinconada Drive, including:

(1)        Approving, in substantially final form, the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Multifamily Note, Multifamily Deed of Trust, Assignment of Rents and Security Agreement, Assignment of Mortgage Loan, Bond
Purchase Contract and Preliminary Official Statement; authorizing either the City Manager, the Debt Administrator or the Director of Finance and the Director of Housing to execute and, as appropriate, to negotiate, execute and deliver these documents and other related documents as necessary.

(2)        Approval of an exception to the City’s Investment Policy to allow the proceeds of the Bonds to be invested in one or more investment agreements with an institution(s) whose participation in the financing will not adversely affect the expected ratings on the Bonds, as approved by the Director of Finance.

(Housing/Finance)

 

Documents Filed:  None.

 

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

 

9d            Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with San José Unified School District for the purchase and installation of a modular building to be located on Washington Elementary School campus, in an amount not to exceed $480,000, and to operate the facility as a San José Smart Start Early Childhood Development Center for a term ending June 30, 2015.  CEQA:  Exempt.  (Parks, Recreation and Neighborhood Services)

 

Documents Filed:  Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 22, 2000, recommending Council adopt said resolution.

 

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 69646, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With San José Unified School District for the Purchase and Installation of a Modular Building to Be Located on Washington Elementary School Campus, In An Amount Not to Exceed $480,000, and to Operate the Facility as a San José Smart Start Early Childhood Development Center for a Term Ending June 30, 2015”, was adopted. Vote: 11-0-0-0.

 

9e            Adoption of a resolution authorizing the City Manager to submit a grant renewal application to the Corporation for National Services for the Senior Companion Program, for the period September 30, 2000 to September 29, 2003, in an amount of $356,397, and to accept the grant and execute all necessary documents when awarded. (Parks, Recreation and Neighborhood Services)

 

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 22, 2000, recommending Council adopt said resolution

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Chavez and unanimously carried, Resolution No. 69647, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit a Renewal Application to the Corporation for National Service for a Grant For the Senior Companion Program For the Period of September 30, 2000 to September 29, 2003 in An Amount Not to Exceed $356,397, to Accept the Grant If Awarded, and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.

 

9f            Adoption of a resolution finding the use of Community Development Block Grant (CDBG) funds as appropriate and necessary for proactive code enforcement efforts in the residential neighborhood of Eastgate, bordered by North King Road, McKee Road, Alum Rock Avenue and west of El Rancho Verde Drive. 

(Planning, Building and Code Enforcement)

 

Documents Filed:  None.

 

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

 

9g        Report on bids and award of contract for the Forest - Rosa Sanitary Sewer Rehabilitation Phase III Project to the low bidder, Insituform Technologies, Inc., in the amount of $767,954.50, and approval of a contingency in the amount of $38,000.  CEQA: Exempt.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder, Insituform Technologies, Inc.

 

Discussion/Action:  Upon motion by Vice Mayor Fiscalini, seconded by Council Member Shirakawa, Jr. and unanimously carried, the report on bids was accepted and award of contract to Insituform Technologies, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

9h        Report on bids and award of contract for the Padres Guadalupe Storm Drain Improvement Project to the low bidder, WSP Trucking, Inc., in the amount of $479,704.30, and approval of a contingency in the amount of $48,000.  CEQA: Exempt.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder, WSP Trucking, Inc.

 

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the report on bids was accepted and award of contract to WSP Trucking, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

9i         Report on bids and award of contract for San José Museum of Art HVAC Renovation - Revised to the low bidder, Newcomb Mechanical, Inc., for the base bid and Add Alternate No. 1 in the amount of $316,000, and approval of a contingency in the amount of $32,000.  CEQA:  Exempt.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council accept the bid report and award said contract to the low bidder, Newcomb Mechanical, Inc.

 

Discussion/Action: Upon motion by Powers, seconded by Council Member Dando and unanimously carried, the report on bids was accepted and award of contract to Newcomb Mechanical, Inc., the low bidder, was approved and execution of the contract authorized. Vote: 11-0-0-0.

 

9j         (1)        Report on bids and award of contract for the Japanese Friendship Garden Restrooms to the low bidder, and approval of a contingency of ten percent (10%).  CEQA:  Exempt.

(Public Works)

(2)        Adoption of appropriation ordinance amendments in the Citywide Construction and Conveyance Tax Fund increasing the Japanese Friendship Garden Restroom/Picnic Renovation Project by $160,000.

(City Manager’s Office)

 

Documents Filed:  None.

 

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

 

9k            Adoption of a resolution:

(1)        Approving business terms for an acquisition/predevelopment loan of up to $6,759,000 and a conditional loan of up to $1,389,000 to The Related Companies of California and Community Housing Developers, or their designated partnership, for the development of a 133-unit housing project affordable to very low- and extremely low-income seniors on a 1.8-acre site located at 461 Willow Glen Way, at the intersection of Northern Road, and on a 1.3-acre site located at 1701 and 1717 Almaden Road at the intersection of Willow Glen Way.

(2)        Authorizing the City Manager, or his designee, to negotiate and execute all necessary documents on behalf of the City.

(3)        Finding that the use of redevelopment tax increment funds for the project is of benefit to the Redevelopment Project Areas in San José.

CEQA:  ND.  (Housing) (Deferred from 6/6/00 – item 9b)

 

Documents Filed: (1) Memorandum from Director of Housing, Alex Sanchez, dated June 6, 2000, recommending Council adopt a resolution approving business terms for an acquisition/predevelopment loan of up to $6,759,000 and a conditional loan of up to $1,389,000. (2) Memorandum from Director of Housing, Alex Sanchez, dated May 15, 2000, recommending Council adopt a resolution approving business terms for an acquisition and predevelopment loan of up to $2,720,000 and a grant of up to $645,000. (3) Memorandum from Budget Director, Larry D. Lisenbee, dated May 12, 2000, recommending Council adopt the funding sources resolution and appropriation ordinance amendments in the HOME Investment Partnership Program Fund.

 

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando and unanimously carried, Resolution No. 69648, entitled “A Resolution of the Council of the City of San José (i) Approving Up to $6,759,000 For An Acquisition and Predevelopment Loan and a $1,389,000 Conditional Loan to the Related Companies of California and Community Housing Developers, or their Designated Limited Partnership for the Development of a 133 Unit Rental Housing Project Affordable to Very Low- and Extremely Low-Income Persons and Families, (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loans on Behalf of the City, and (iii) Finding That the Use of 20% Housing Funds and Other Agency Funds for the Subject Project is a Benefit to the Redevelopment Project Areas in San José” was adopted. Vote: 11-0-0-0.

 

9l            Adoption of a resolution authorizing the City Manager to submit the following three (3) Library Services and Technology Act (LSTA) applications to the California State Library; to execute all documents related to the applications and to accept the grants if awarded:

(1)        Family Place Program not to exceed $100,000.

(2)        Measurements for a New Partnership-Phase I of a project to measure the effectiveness of the Joint Library not to exceed $150,000.

(3)        Feasibility study for fee-based home delivery not to exceed $150,000.

(Library)

(Rules Committee referral 6/7/00)

 

Documents Filed: Memorandum from City Librarian, Jane Light, dated May 30, 2000, noting the reason for addendum and recommending Council adopt said resolution.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, Resolution No. 69649, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit Three Library Services and Technology Act Grant Applications to the California State Library, to Accept the Grants If Awarded, and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.

 

FISCAL AFFAIRS

 

10a      (1)        Adoption of a resolution establishing the Schedule of Fees and Charges for Fiscal Year 2000-2001.

(2)        Adoption of a resolution establishing fees and charges for recreational and park activities.

(City Manager’s Office)

 

Documents Filed: None.

 

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 69650, and Resolution No. 69651, entitled: “A Resolution of the Council of the City of San José Setting the Schedule of Fees for the Use of Parks and Recreational Facilities and Repealing Resolution No. 68951”, were adopted. Vote: 11-0-0-0.

 

10b            PUBLIC HEARING and adoption of a resolution to:

(1)        Approve the Downtown Business Improvement District’s budget report for 2000-2001, as filed or as modified by City Council

(2)        Levy the Downtown Business Improvement District’s assessments for 2000-2001.

CEQA:  Exempt.  (Conventions, Arts, and Entertainment)

 

Documents Filed: (1) Director of Conventions, Arts and Entertainment, Nancy Johnson, dated May 22, 2000, recommending Council approve the Downtown BID report and adopt said resolution. (2) Affidavit of Posting of Resolution No. 69603, dated June 13, 2000, and Proof of Publication of Resolution No. 69603 executed on June 2, 2000, submitted by the City Clerk.

 

Discussion/Action: Mayor Gonzales opened the public hearing on the Downtown Business Improvement District’s budget report for FY 2000-2001. There were no written protests received from affected businesses, and there was no public testimony presented. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez and unanimously carried, the public hearing was closed, and Resolution No. 69652, entitled: “Resolution of the City of San José Approving the Budget Report of the Downtown Business Improvement District for Fiscal Year 2000-2001 and levying Assessments in the District for Fiscal Year 2000-2001”, was adopted. Vote: 11-0-0-0.

 

10c            Approval of an ordinance authorizing an Amnesty Program for certain specified accounts receivable that are 365 or more days past due during a 30-day period following the effective date of this ordinance.  (Finance)

 

Documents Filed:  Memorandum from Acting Director of Finance, Mark Burton, dated May 22, 2000, recommending Council approve said ordinance.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Dando and unanimously carried, Ordinance No. 26139, entitled: “An Ordinance of the City of San José Adopting a Limited, One-Time Amnesty Program Under Which the City Will Forgive Up to Thirty Percent of Certain Types of Delinquent Accounts, and Any Interest and Penalties Associated With Such Accounts, Upon the Debtor’s Full Payment of Seventy Percent of the Total Underlying Amount of the Delinquent Account”, was passed for publication. Vote: 11-0-0-0.

 

10d      (1)            PUBLIC HEARING on Maintenance District 6 (River Oaks).

(2)        Report out of ballot tallies and, if approved by property owners, adoption of a resolution approving the Engineer’s Report for Maintenance District 6 (River Oaks) 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 May 22, 2000, recommending Council approve actions for Maintenance District 6 (River Oaks) and Maintenance District 14 (Hellyer Avenue – Silver Creek Valley Road).

 

Discussion/Action: Mayor Gonzales opened the public hearing on Maintenance District 6. There were no additional ballots submitted to the City Clerk, and there was no public testimony presented. City Clerk Patricia L. O’Hearn stated the results of the tabulation of property owner ballots for Maintenance District Number 6 are as follows: “Property owners to be assessed in the amount of $21,505.15 have returned ballots in support of the assessment. Property owners to be assessed in the amount of $43,915.91 have returned ballots in opposition to the assessment. The ballots submitted in opposition to the assessment exceed the ballots submitted in support of the assessment; therefore, the City Council may not impose the assessment”.

 

10e      (1)        PUBLIC HEARING on Maintenance District 14 (Hellyer - Silver Creek Valley Road).

(2)        Report out of ballot tallies and, if approved by property owners, adoption of a resolution approving the Engineer’s Report for Maintenance District 14 (Hellyer - Silver Creek Valley Road) for Fiscal Year 1999-2000, and approving and imposing the respective assessments and the City’s contribution therein.

(Public Works)

 

Documents Filed: See Item 10d.

 

Discussion/Action Mayor Gonzales opened the public hearing on Maintenance District 14. There were no additional ballots submitted to the City Clerk, and there was no public testimony presented. City Clerk Patricia L. O’Hearn stated the results of the tabulation of property owner ballots for Maintenance 14 are as follows: “Property owners to be assessed in the amount of $6,441.20 have returned ballots in support of the assessment. Property owners to be assessed in the amount of $27,730.58 have returned ballots in opposition to the assessment. The ballots submitted in opposition to the assessment exceed the ballots submitted in support of the assessment; therefore, the City Council may not impose the assessment.”

 

10f       First public meeting for Maintenance District 5 (Orchard Parkway – Plumeria Drive), to receive public comment, and adoption of a resolution preliminarily approving the Modified Engineers Report.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 22, 2000, recommending Council conduct public meetings to receive public comments on the reauthorization of Maintenance District 5 (Orchard Parkway – Plumeria Drive), and Maintenance District 13 (Karina – O’Nel).

 

Discussion/Action: Mayor Gonzales opened the first public meeting for the purpose of receiving and recording public comment presented on Maintenance District 5. There was no public testimony presented. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the first public meeting was closed and Resolution No. 69655, entitled: “A Resolution of the Council of the City of San José Preliminarily Approving the Modified Engineer’s Report for Maintenance District Number 5 (Orchard Parkway – Plumeria Drive)”, was adopted. Vote: 11-0-0-0.

 

10g      First public meeting for Maintenance District 13 (Karina – O’Nel), to receive public comment.  (Public Works)

 

Documents Filed: See Item 10f.

 

Discussion/Action: Mayor Gonzales opened the public meeting to receive and record any public comment presented on Maintenance District 13. There was no public testimony presented. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz and unanimously carried, the first public meeting was closed with the public hearing to be held on June 20, 2000 for the purpose of tabulating ballots and finalizing Council actions based on the ballot tabulation. Vote: 11-0-0-0.

 

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS

 

The Redevelopment Agency Board Convened at 2:11 p.m. to consider the following items in joint session with the City Council:

 

11a      (1) Approval of the Mayor’s Proposed Budget Modification for the City of San José and the Redevelopment Agency of the City of San José for Fiscal Year 2000-2001

(2)        Adoption of resolutions by the City Council approving:

(a) Operating Budget for Fiscal Year 2000-2001 for the City of San José.

(b) Capital Budget for Fiscal Year 2000-2001 for the City of San José.

(c) Five (5) Year Capital Improvement Program for Fiscal Year 2001-2005 for the City of San José.

(3)        Adoption of resolutions by the Board approving:

(a) Operating Budget for Fiscal Year 2000-2001 for the Redevelopment Agency of the City of San José.

(b) Capital Budget for Fiscal Year 2000-2001 for the Redevelopment Agency of the City of San José.

(c) Five (5) Year Capital Improvement Program for Fiscal Year 2001-2005 for the Redevelopment Agency of the City of San José.

(City Manager’s Office/Redevelopment Agency)

 

Documents Filed: (1) Memorandum from Mayor Gonzales, dated June 6, 2000, recommending Council approve the direction to Council Appointees contained therein for purposes of adopting a final budget for Fiscal Year 2000-2001, and that the changes in the MBAs be authorized to be incorporated in the Adopted Budget except to the extent any are superseded by the contents of the June Budget Message. (2) Memorandum from Mayor Gonzales, Vice Mayor Fiscalini, and Council Members Dando, Diquisto, and Shirakawa, Jr., dated June 12, 2000, recommending specific actions involving the appropriation of tobacco settlement funds. (3) Memorandum from Council Members Chavez, LeZotte, Matthews, and Powers, dated June 12, 2000, recommending Council include in the final Budget Document for 2000-2001 a pledge of $2 million annually from the Tobacco Settlement Fund toward a goal of making health insurance available to every child in San José. (4) Electronic mail and correspondence from individuals expressing varying viewpoints on the use of tobacco settlement revenue. (5)

 

Discussion/Action: To facilitate Council discussion, Vice Mayor Fiscalini stated the items for consideration will include the Mayor’s Budget Message for Budget Year 2000-2001 and the Operating and Capital Budgets and the Five-Year Capital Improvement Programs for both the City of San José and the Redevelopment Agency. He focused his comments on the recommendations contained in the June 12, 2000 memorandum co-authored by Mayor Gonzales and Council Members Dando, Diquisto and Shirakawa, Jr., directing the distribution of tobacco funds. He stated the memorandum outlines a public policy process that will enable Council to move forward with all deliberate speed to achieve the funding of health care programs as allowable expenditures under each of three categories of anti-tobacco efforts, education projects and programs, and senior programs. He recommended Council adopt the June Budget Message dated June 6, 2000 and approve the direction contained in the June 12, 2000 memorandum on the tobacco settlement proceeds, which recommends (1) that the City Council approve the appropriation ordinance as drafted, and direct the City Attorney to make revisions necessary to allow health care as an allowable expenditure under all three categories previously approved by Council and include these changes in the budget appropriation ordinances to be heard by Council on June 20, 2000; (2) direct the Administration to return with a timeline for the Council to approve criteria for funding priorities by September 1, 2000; and (3) request that Councilmembers provide a nomination for public members for the proposed advisory committee that will review grant applications to the Mayor by June 30, 2000. He recommended Council approve technical changes incorporated in MBA #55, increase from $30,000 to $50,000 the funding for concentrated domestic violence programs expansion and shelter services for seniors, change the funding source on the King and Barberry Signal from GF to EFB/S, and change the funding source from EFB/S to General