MINUTES OF THE
CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
AUGUST 1, 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, Powers; Gonzales
Absent: Council Members: Shirakawa Jr., Woody (both excused)
Vacant: District 4
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 pertaining to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the cases of San José Self Storage v. City of San José; Dobson, et al. v. City of San José, et al.; U.S. – France Frequency Allocation Proceeding; and Brooks v. City of San José, et al.; (B) to confer with Legal Counsel regarding anticipated litigation related to two matters pertaining to the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code; (C) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Alex Gurza and the San José Police Officers’ Association and the International Association of Firefighters Employee Organizations.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Woody; Gonzales
Absent: Council Members: Shirakawa Jr. (excused)
Vacant: District 4
Father Kevin Joyce, St. Maria Goretti, delivered the invocation. (District 7)
Mayor Gonzales led in the Pledge of Allegiance.
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: 9-0-1-0-1. Absent: Shirakawa, Jr., Vacant: District 4.
CEREMONIAL
ITEMS
5a Presentation of plaques to Eve Mathias for 2 years 10 months service on the Arts Commission, to André Luthard for 3 years 9 months service on the CDBG Steering Committee, to Harley Roth for 4 years 7 months service on the CDBG Steering Committee, to Charlene Della Maggiore for 4 years service on the Child Care Commission, to Albaelena Diaz Diaz for 5 years 7 months service on the Child Care Commission, to Barbara Jo Clifford for 4 years service on the Disability Advisory Commission, to Mary Ellen Peterson for 1 year 7 months service on the Disability Advisory Commission, to Laurel Truan for 5 years 7 months service on the Disability Advisory Commission, and to Mindy Pelz for 1 year 2 months service on the Downtown Parking Board. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzalez presented plaques to Eve Mathias, André Luthard, Charlene Della Maggiore, Barbara Jo Clifford, and Laurel Truan, and expressed appreciation for the volunteers’ contributions to the citizens of San José. Plaques for Harley Roth, Albaelena Diaz Diaz, and Mary Ellen Peterson will be mailed, as the honorees were unable to attend the meeting.
5b Proclamation of August 1, 2000 as “National Night Out 2000”
in the City of San Jose. (Diaz)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Diaz introduced Chief of Police William M. Lansdowne, and Crime Prevention Specialist and Team Leader Amy Skalland-Lang who honored each Council Member with the “Blue Ribbon – Who I Am Makes A Difference” award, commemorating the “National Night Out 2000” Program, and invited each Council Member to wear the Ribbon as an invitation to others to share in the spreading of the “Power of Acknowledgement”. She stated the National Night Out Celebration is part of a national campaign to acknowledge every person in the United States by the 2002 Winter Olympics.
Upon
motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously
carried, the Consent Calendar was approved and the below listed actions were
taken as indicated. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
Minutes for Approval
6a(1) Regular Meeting of May 2, 2000
Documents Filed: Minutes of the regular meeting of May 2, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6a(2) Joint City Council/Redevelopment Agency Meeting of May 2, 2000
Documents Filed: Minutes of the joint meeting of May 2, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6a(3) Regular Meeting of May 9, 2000
Documents Filed: Minutes of the regular meeting of May 9, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6a(4) Regular Meeting of May 16, 2000
Documents Filed: Minutes of the regular meeting of May 16, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6a(5) Adjourned Regular Meeting of May 22, 2000
Documents Filed: Minutes of the adjourned regular meeting of May 22, 2000.
Discussion/Action: The Minutes were approved. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6b(1) ORD. NO. 26153 – Amends Title 14 of the San José Municipal
Code to establish a procedure for the financing of certain municipal
improvements through the issuance of general obligation bonds.
Documents Filed: Proof of publication of the title of Ordinance No. 26153 executed on July 11, 2000, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26153 was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6b(2) ORD. NO. 26154 – Rezones certain real property situated on
the east side of South 11th Street, 130 feet northerly of East San
Carlos Street (200 S. 11th Street).
PDC
96-12-080/RA 00-04-004
Documents Filed: Proof of publication of the title of Ordinance No. 26154 executed on July 11, 2000, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26154 was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
Public Hearings Set by Council
6c(1) Adoption of a resolution initiating proceedings and setting a
date for Council consideration of the reorganization of territory designated as
Buena Vista No. 1 which involves the annexation to the City of San José of 38.0
acres of land, bounded by West San Carlos Avenue, Scott Street, Chiechi Avenue,
Meridian Avenue, and both sides of Buena Vista Avenue, and the detachment of
the same from the Sunol Sanitary District, Burbank Sanitary District, County
Lighting District, and Central Fire District.
CEQA: Resolution No. 65459.
(Planning,
Building and Code Enforcement)
[Deferred from
8/3/99 – Item 6c(1) et al., and 06/20/00 – Item 6c(1)]
Documents Filed: None.
Discussion/Action: This item was deferred to August 15, 2000.
6c(2) Adoption of a resolution of
the City’s intention to vacate portions of Hillsdale and Pearl Avenues at
Foxworthy Avenue, reserve a public easement over the entire area, and set a
public hearing on August 29, 2000 at 1:30 p.m. CEQA: Resolution No. 67894.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated July 12, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69799, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate Hillsdale Avenue, Between Foxworthy and Pearl Avenues, and Pearl Avenue, South of Hillsdale Avenue”, was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6c(3) Adoption of a resolution of
the City’s intention to vacate a portion of North San Pedro Street, reserve a
public service easement on the entire area and set a public hearing on August
29, 2000 at 1:30 p.m. CEQA:
Resolution No. 65071.
(Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated July 12, 2000, recommending Council adopt said resolution of intent.
Discussion/Action:
Resolution No. 69800, entitled: “A Resolution of the Council of the City of San
José Setting a Public Hearing to Consider Whether to Vacate a Portion of North
San Pedro Street, Between Asbury and Mission Streets”, was adopted.
Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
Contracts/Agreements
6e(1) Report on bids and award of
contract for the Berryessa Creek Park Irrigation Renovation Rebid 2 Project to
the low bidder, Karleskint-Crum, Inc., for the base bid and Add
Alternates Nos. 1, 2, 3, and 4 in the amount of $320,610, and approval of a
contingency in the amount of $32,000. CEQA:
Exempt. (Public Works)
[Deferred
from 6/27/00 – Item 6e(62)]
Documents Filed: None.
Discussion/Action: This item was deferred to August 22, 2000.
6e(2) Approval of award of open purchase orders for supplies,
materials, equipment, and services for FY 1999-2000 # 3, 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 July 12, 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. 3 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6e(3) Adoption of a resolution authorizing the City Manager to execute
an addendum to the agreement with New Energy Ventures (NEV), for the purchase
of electricity and associated services, for the period of April 1, 2000 to May
31, 2000, in an amount of $248,056.96. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 12, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69801, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Addendum to the Agreement With New Energy Ventures (NEV) for the Purchase of Electricity and Associated Services”, was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6e(4) Report on Request for Quotation for the installation of
additional fiber optic cable for the Department of Aviation and award to Cable
Tech, Inc., in the amount of $152,000, including tax, and authorizing the
Director of General Services to:
(a) Execute the purchase order for the
initial work, and
(b) Approve a contingency of $15,000 for
unforeseen repairs or replacements.
(General
Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 12, 2000, recommending Council accept the report and award said contract, and authorize the Director of General Services to execute the purchase order and approve a contingency for unforeseen repairs or replacements.
Discussion/Action: The report on the Request for Quotation was accepted and award of contract to Cable Tech, Inc., and the contingency were approved and execution of the purchase order authorized. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6e(5) Adoption of a resolution authorizing the Director of General
Services to execute an amendment to the agreement with Millar Elevator Service
Company, for elevator maintenance service at City facilities, to increase the
supplemental monies by $10,000, from $10,000 to $20,000, for the option period
December 1, 1999 through November 30, 2000.
(General
Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 12, 2000, recommending Council approve an amendment to the maintenance agreement with Millar Elevator Service Company.
Discussion/Action: Resolution No. 69802, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute An Amendment to the Agreement With Millar Elevator Service Company”, was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6e(6) Adoption of a resolution authorizing the Director of General
Services to execute the sixth amendment to the agreement with Acme Building
Maintenance Company, to increase the number of days that custodial service is
provided at community centers and increase compensation by $226,504, from
$1,671,725 to $1,898,229, for the period January 11, 2000 to January 10, 2001.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 12, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69803, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute the Sixth Amendment to the Agreement With Acme Building Maintenance Company to Increase Services and Compensation”, was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6e(7) Adoption of a resolution authorizing the City Manager to:
(a) Execute a one year agreement for the
period July 1, 2000 through June 30, 2001 for software maintenance on the City
of San Jose’s Computer Aided Dispatch System with PRC Public Sector, Inc. at a
total cost, including tax, of $46,500; and
(b) Execute four (4) one year (1) options to
renew at a total cost of $203,205, contingent upon Council appropriation of the
funds each year.
(General
Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 12, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69804, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a Maintenance Agreement With PRC and to Execute Four Annual Renewal Options”, was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6e(8) Approval of an
agreement with artist Therman Statom to
fabricate and install a work of art at the Ice Centre, in an amount not to exceed
$108,500.
(Conventions, Arts and Entertainment)
Documents
Filed: Memorandum
from Director of Conventions,
Arts and Entertainment, Nancy Johnson, dated July 12, 2000, recommending
Council adopt a resolution authorizing the City Manager to negotiate and
execute an agreement with Therman Statom to fabricate and install art at the
Ice Centre.
Discussion/Action: The agreement with artist Therman Statom was approved and execution of the agreement authorized. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6e(9) Report on bids and award of
contract for Customer Service Call Center Project at City Hall to the low
bidder, Eddie Torrez Construction, Inc., in the amount of $154,630, and
approval of contingency in the amount of $15,000. CEQA: Exempt.
(Public Works)
Documents Filed: (1) Supplemental memorandum from Director of Public Works, Ralph A. Qualls Jr., dated July 28, 2000, recommending Council accept the bid report and award said contract to the low bidder, Eddie Torrez Construction, Inc., and approve said contingency. (2) Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated July 12, 2000, recommending Council accept the bid report and award said contract to the low bidder, and approve said contingency.
Discussion/Action: William J. Garbett spoke against the proposed action. The report on bids was accepted and award of contract to Eddie Torrez Construction, Inc., the low bidder, and the contingency were approved and execution of the contract authorized. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6e(10) Approval of Contract Change
Order (CCO) No. 3 with Lowery Engineering Construction, for the Construction of
Storm Drain Inlets and Appurtenances located at Delmas Street in the amount of
$3,500, for a total contract amount of $49,980. CEQA: Exempt. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated July 12, 2000, recommending Council approve said change order.
Discussion/Action: Contract Change Order No. 3 with Lowery Engineering Construction was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6f(1) Adoption of a resolution determining that public use and
necessity require the acquisition of a portion of a parcel of land owned by
Vincent R. Maestri, et al, together with a right of entry over a portion of the
remainder of the property located at 2050 North First Street, and directing the
City Attorney to file an eminent domain action. CEQA: Resolution No. 67567.
(Public Works)
[Deferred
from 6/20/00 – Item 6f(2) and 6/27/00 – Item 6f(8)]
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 30, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69805, entitled: “Resolution of Necessity of the Council of the City of San José Making Certain Findings and Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil Procedure for the Following Project: North First Street Widening Project; Authorizing and Empowering the City Attorney to Bring An Action in Eminent Domain to Acquire Certain Property for Said Project and to Apply for an Order of Possession Before Judgment and to Prosecute Said Action to Final Judgment; and Authorizing and Empowering the Deposit of Money in Court for Possession of Said Property From the Funds Lawfully Available Therefore”, was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6f(2) Adoption of a resolution determining that public use and
necessity require the acquisition of a portion of a parcel of land owned by
Vincent R. Maestri, et al, together with a right of entry over a portion of the
remainder of the property located at 2040 North First Street, and directing the
City Attorney to file an eminent domain action. CEQA: Resolution No.
67567. (Public Works)
[Deferred
from 6/20/00 – Item 6f(3) and 6/27/00 – Item 6f(9)]
Documents Filed: Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated May 30, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69806, entitled: “Resolution of Necessity of the Council of the City of San José Making Certain Findings and Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil Procedure for the Following Project: North First Street Widening Project; Authorizing and Empowering the City Attorney to Bring An Action in Eminent Domain to Acquire Certain Property for Said Project and to Apply For an Order of Possession Before Judgment and to Prosecute Said Action to Final Judgment; and Authorizing and Empowering the Deposit of Money in Court for Possession of Said Property From the Funds Lawfully Available Therefore”, was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6f(3) 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)
[Deferred
from 6/13/00 – Item 6f(5) and 6/27/00 – Item 6f(10)]
Documents Filed: None.
Discussion/Action: This item was deferred to August 15, 2000.
6f(4) Adoption of an appropriation ordinance and funding sources
resolution amendments in the Construction Excise Tax Fund for the Cisco: North
Coyote Valley Improvement Project, with a net impact to the fund of $250,000.
(City
Manager’s Office)
Documents Filed: Memorandum from Budget Director, Larry D. Lisenbee, dated July 12, 2000, recommending Council approve said appropriation ordinance and adopt said funding sources resolution amendments.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26158, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Construction Excise Tax Fund in the Amount of $250,000 for the North Coyote Valley Improvements Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69807, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the Construction Excise Tax Fund”, were adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6f(5) Approval of Independent Police Auditor Teresa Guerrero-Daley’s
travel to Kauai, Hawaii, September 19-24, 2000, to attend the National
Association of Civilian Oversight of Law Enforcement conference. Funding:
Office of the Independent Police Auditor. (Independent Police Auditor)
Documents Filed: Memorandum from Independent Police Auditor Teresa Guerrero-Daley, dated July 20, 2000, requesting absence from the City to attend said conference.
Discussion/Action: The Independent Police Auditor’s request to travel to Kauai, Hawaii, to attend the National Association of Civilian Oversight of Law Enforcement conference was approved. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6f(6) (a) Adoption of a resolution to accept a
grant award from Luke B. Hancock Foundation in the amount of $30,000, for the
purchase of twenty-two (22) mountain bikes and related bike equipment for the
Police Department.
(Police
Department)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated July 12, 2000, recommending Council adopt said resolution and related appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Resolution No. 69808, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Grant From the Luke B. Hancock Foundation for Bicycles and Equipment for the Police Department in an Amount Not to Exceed $30,000, and to Execute all Related Documents”; Ordinance No. 26159, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund for Expenses Related to An Award for the Luke B. Hancock Foundation Grant in the Amount of $30,000; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69809, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6f(7) Adoption of an appropriation ordinance and funding sources
resolution amendments in the General Fund to increase the Police Department’s
Non-Personal expenses appropriation by $100,000 for expenses related to the
acquisition of a Forensic Image Tracking and Processing System (Automated
Fingerprint Identification System) for the CAL-ID Project, at no cost to the
City.
(Police
Department)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated July 12, 2000, recommending Council adopt said appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action:
Ordinance No. 26160, entitled: “An Ordinance of the City of San José Amending Oordinance No.
26141 to Appropriate Moneys in the General Fund in the Amount of $100,000 for
Police Expenses Related to the Acquisition of a ‘More Hits’ Forensic Image
Tracking and Processing System for the CAL-ID Project; and Providing That This
Ordinance Shall Become Effective Immediately Upon Adoption’; and Resolution No.
69810, entitled: “A Resolution of the Council of the City of San José Amending
Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the
Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted.
6f(8) (a) Adoption
of a resolution to accept the Office of Criminal Justice Planning’s “Domestic Violence – Making the Technical
Connection” grant, in the amount of $110,000, for the Police Department’s
Family Violence Center.
(b) Adoption of appropriation ordinance and
funding sources resolution amendments in the General Fund to increase the
Police Department’s Personal Services and Non-Personal Expenses appropriations
for expenses related to the grant.
(Police
Department)
Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated July 12, 2000, recommending Council adopt said resolution and related appropriation ordinance and funding sources resolution amendments in the General Fund.
Discussion/Action: Resolution No. 69811, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Domestic Violence Grant From the State Office of Criminal Justice Planning in An Amount Not to Exceed $110,000, and to Execute All Related Documents”; Ordinance No. 26161, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $146,666 for Expenses Relating to an Award for an Office of Criminal Justice Planning ‘Domestic Violence – Making the Technical Connection’ Grant and to Provide for Matching Funds; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69812, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
6f(9) Approval of Council Member Woody’s travel to Portland, Oregon,
from July 17-July 19, 2000, to attend the National Coalition Against Domestic
Violence Annual Conference. Funding: District 8 Budget. (Woody)
Documents Filed: None.
Discussion/Action: The travel for Council Member Woody to attend the National Coalition Against Domestic Violence Annual Conference in Portland, Oregon, was approved. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
COMMISSION, COMMITTEE, AND
STANDING REPORTS
7a (1) Report of the
Study Session - May 11, 2000.
(a) FY 2000-2001 Capital Budget
Documents Filed: Study Session Report of May 11, 2000.
Discussion/Action:
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and
unanimously carried, the Administration’s Overview and presentations on the
Proposed FY 2000-2001 Capital Budget and Budget Programs for each City
Department were accepted with the Administration directed to take appropriate
action to address the concerns and resolve the issues raised by the City
Council, and to make budget adjustments as
required. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant:
(2) Report of the Study Session - May 15,
2000
(a) FY 2000-2001 Operating
Budget Departmental/Appointee Review
Documents Filed: Study Session Report of May 15, 2000.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Administration’s Overview of the Proposed FY 2000-2001 Operating Budget, the report on the Auditor’s Recommendations, and the presentation on the Efficient Transportation Services policy priority were accepted, and the requests for additional information and related action were referred back to the Administration. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
(3) Report of the Study Session - May 17,
2000
(a) FY 2000-2001 Operating
Budget Departmental/Appointee Review
Documents Filed: Study Session Report of May 17, 2000.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Council accepted the Administration’s report on the Fiscal Year 2000-2001 Proposed Operating Budget, continued from May 15, 2000, with presentations on the Safe Community and Competitive Business Environment policy priorities, and referred back to the Administration the requests for additional information and related actions.
(4) Report of the Study Session - May 18, 2000
(a) FY 2000-2001 Operating Budget
Departmental/Appointee Review
Documents Filed: Study Session Report of May 18, 2000.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Administration’s report on the Fiscal Year 2000-2001 Proposed Operating Budget, which was continued from May 17, 2000, including presentations on the Neighborhood Pride, Personal Growth and Enrichment and Customer Driven Government/Support Services/City Wide Area policy priorities were accepted, and the requests for additional information and related actions were referred back to the Administration for appropriate responses. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
(5) Report of the Study Session - May 22,
2000
(a) FY 2000-2001 Operating Budget
Departmental/Appointee Review
Documents Filed: Study Session Report of May 22, 2000.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Administration’s report on the Fiscal Year 2000-2001 Proposed Operating Budget, continued from May 18, 2000, with presentations on the Clean and Sustainable Environment Policy priority, and the Fees & Charges report by the Budget Director were accepted with the requests for additional information and related actions referred back to the Administration for appropriate responses. In addition, the Study Session was concluded with Council discussion of the Manager’s Budget Addenda. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
7c Report of the Finance and Technology Committee – June 28,
2000
Documents Filed: Finance and Technology Committee Report of June 28, 2000.
(1) Monthly Financial Statement for May 2000
(2) Capital Cost Report for May 2000
(3) Cash Flow Projection
Items 7c(1), 7c(2), and 7c(3) were referred to the Redevelopment Agency Board.
(4) May Monthly Report. Attachment: Letter from City Auditor, Gerald A. Silva, dated June 26, 2000, transmitting the a written report of the Office of the City Auditor’s activities for the month of May 15, 2000 through June 15, 2000, and schedule of audit costs for May, 2000.
The Committee recommended acceptance of the staff report.
(5) Auditor’s Workplan for FY 2000-01. Attachment: Letter from City Auditor, Gerald A. Silva, dated June 21, 2000, recommending the Finance and Technology Committee consider several assignments for inclusion on the City Auditor’s 2000-2001 Audit Work Plan.
The Committee accepted the Workplan.
(6) Quarterly Sales and Business Tax Report ending March 2000.
Attachment: Letter from City Auditor, Gerald A. Silva, dated June 13, 2000,
transmitting a report on the “Sales And Business Tax Audit Results For The
Quarter Ended March 31, 2000”.
The Committee recommended acceptance of the staff report.
(7) Pilot Program for Use of Guaranteed Investment Agreements for Municipal Bond Construction Proceeds.
The Committee deferred this item to August 9, 2000 Finance & Technology Committee meeting.
(8) Finance and Technology Committee Workplan for August through December 2000. Attachment: Finance & Technology Committee Workplan: August – December 2000.
The Committee recommended acceptance of the Workplan with changes (a) to
cancel the December 27, 2000 meeting and to add those items to the
December 13, 2000 Committee Agenda; (b) to add budget process
referrals; (c) to add the audit of Water Pollution Control Plant to the August
9, 2000 Agenda;
(d) to add the audit of Environmental Enforcement to the August
23, 2000 Agenda; and (e) to add the Auditor’s Workplan to the December 13, 2000
Agenda.
(9) Ballot measure to amend City Charter Section 1217 regarding Bid Requirements. Attachment: Memorandum from Director of General Services Steve S. Yoshino, and Director of Public Works Ralph A. Qualls Jr., dated June 23, 2000, recommending the submittal of a ballot measure for the November General Election to (a) amend Section 1217 by removing specific bid requirements for supplies, materials, and equipment as procedure set forth in the Charter and to add a section to authorize that the procedures be set forth in the Municipal Code; and (b) increase the bidding requirement for Public works projects from $50,000 to $100,000.
The Committee recommended acceptance of the staff recommendation. Noes: Woody.
Discussion/Action: See Item 9a for Council action taken.
(10) Oral petitions
William Garbett spoke on the proposed ballot measure and on the Guaranteed Investment Agreement option. Bill Chew spoke on broadcasting Committee meetings to the public.
(11) Adjournment
The meeting was adjourned at 11:20 a.m.
Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member LeZotte and unanimously carried, the Finance and Technology Committee Report and actions of June 28, 2000 were accepted with Council action on Item 7c(9) taken at Item 9a and Items 7c(1), 7c(2), and 7c(3) referred to the Redevelopment Agency Board for action. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
LAND USE AND DEVELOPMENT
8a PUBLIC HEARING on Historic District amendment to expand the
River Street City Landmark Historic District to include eight additional
properties located west of N. Almaden Street on both sides of W. St. John
Street. (Vellequette-Winninger Investors and Green Valley Corporation, Owners).
CEQA: Resolution No. 64273.
HD
97-107 – District 3
Documents Filed: None.
Discussion/Action: This item was continued to August 15, 2000.
GENERAL
GOVERNMENT
9a Adoption of a resolution authorizing the submittal of a
ballot measure:
(1) To amend Section 1217 of the Charter of the
City of San José by removing the specific bid requirements for supplies,
materials and equipment as procedure set forth in the Charter and to add a
section to authorize that the procedures be set forth in the Municipal Code.
(2) To amend Section 1217 of the Charter of
the City of San José to increase the bidding requirement for Public Works
projects from $50,000 to $100,000.
(General Services/Public Works)
[Finance
and Technology Committee referral 6/28/00 – Item 7c(9)]
Documents Filed: Memorandum from Director of General Services Steve S. Yoshino, and Director of Public Works Ralph A. Qualls Jr., dated July 12, 2000, recommending Council adopt said resolution.
,
Vacant: District 4.
9b Discussion of a proposed General
Obligation Bond measure to be placed on the November 2000 ballot to finance
construction of, and improvements to, branch libraries, fire facilities, and
parks and recreation facilities and direct the City Attorney to Develop bond
measure language for consideration at the August 8, 2000 City Council meeting.
(City Manager’s Office)
Documents Filed: (1) Memorandum from Mayor
Gonzales, dated July 28, 2000, recommending Council approve placing General
Obligation Bond measures on the November 2000 ballot to finance the
construction of and improvements to specific neighborhood branch libraries, and
specific parks and recreation facilities. (2) Memorandum from City Manager, Del D. Borgsdorf, dated July
28, 2000, recommending Council discussion of the proposed General
Obligation Bond measure to be placed on the November 2000 Ballot.
Discussion/Action: In his presentation of background information, Senior Deputy City Manager Darrell Dearborn stated the City Council accepted at the June 20, 2000 meeting the Finance & Technology Committee’s report on the summary of the final results of the Neighborhood Facilities Survey, and directed Staff to (a) communicate with San José residents through a survey to evaluate neighborhood needs, (b) refine the project cost estimates and identify any cost savings if possible, and (c) establish a ten-year timeline for project completion. He stated the cost estimates have been refined and accelerated construction timelines established since the June Council meeting, and the work has resulted in a significant reduction in the overall bond amount without having to eliminate any necessary projects. He stated the proposed program of 148 projects represents a bond issue of approximately $524 million, which includes numerous Parks and Recreation Facilities Strategic Plan projects, the Library Branch Facilities Master Plan, and several fire stations and reconstruction of the Fire Training Facility. He recommended Council approve the revised recommendation as outlined in the July 28, 2000 memorandum from City Manager Borgsdorf. Summarizing the process and results of the Neighborhood Facilities Survey, Principal Budget Analyst Richard J. Desmond stated approximately 250,000 residents were mailed surveys, with approximately 11,000 responses received, including online responses, write-ins, and e-mails generated from the web site. He stated 85% of respondents rated additional books and materials for the library program to be very important; 80% of respondents rated new and renovated restrooms for the neighborhood parks program and regional park improvements to be very important; and 80% of respondents rated adequate response times for the Fire Department to be very important. He compared preliminary cost estimates previously presented to Council with revised costs using updated land assumptions on land needs, revisions of scopes of some projects, revised estimated financing costs, updated inflation factors, and determined schedule of construction. He stated the language for each bond measure would be presented to Council at the August 8, 2000 meeting. The following individuals spoke in support of the bond issues: Rodger Cryer; Stephanie Lane and Elizabeth S. Gill, representing Friends of the Evergreen Library; Sara Malaun; Edna Sewill, representing the San José Library Commission; Sylvia Ortiz, representing Los Amigos de la Bibliotheca; Ross Signorino; and Virginia Holtz. William J. Garbett spoke against the proposed action. Vice Mayor expressed appreciation to City Staff for their hard work on the bond measures, and various committee members for their hard work on the Master Plans, and recommended Council approve the recommendations proposed by Mayor Gonzales in the July 28, 2000 memorandum to the City Council. Council Member Powers expressed her appreciation for the development of the Master Plans and resultant process to address library, fire and community facilities needs. With respect to the proposed library extension and community center at Reid-Hillview Airport, she asked that City Staff combine efforts with the Airport Land Use Commission to resolve specific issues at the hangar, and to include a report to Council when the final results of the study are presented. Council Member Woody spoke in support of the proposed bond measures; pointed out the population data for the Evergreen District, as specified in the report, as incorrect; and with construction of library facilities and implementation of the Facilities Master Plan recommendations, stated the priority of the City should be focused on the greatest needs for libraries. Speaking in support of the bond measures for parks and libraries, Council Member Dando stated the number of fire stations operating in temporary facilities and remaining temporary for several years is unacceptable, and asked that that issue be addressed when the completed study is returned to Council for consideration. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the placing of General Obligation Bond Measures on the November 2000 ballot to finance the construction of and improvements to (a) neighborhood branch libraries, and (b) to regional and neighborhood parks and recreation facilities, was approved with the City Attorney directed to develop ballot measure language for each bond measure for consideration at the August 8, 2000 Council meeting, and with the Administration directed to work with the Airport Land Use Commission regarding the Reid-Hillview Airport and proposed library extension and community center to identify resolutions to potential issues. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr., Vacant: District 4.
9c Adoption of a resolution authorizing the City Manager to
execute an agreement with Oracle, Inc. for software maintenance on Oracle
software owned by the City at a total cost of $324,750, including tax, for the
period July 1, 2000 through June 30, 2001. (General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 12, 2000, recommending Council adopt said resolution.
Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 69814, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a Maintenance Agreement With Oracle, Inc.”, was adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
9d Report on bids and award the purchase of one (1) 100-foot
mid-mount aerial fire truck for the Fire Department to the low bidder, Ferarra
Fire Apparatus, in the amount of $650,354.09, including tax and delivery, and
authorize the Director of General Services to:
(1) Execute the purchase order for the
immediate purchase of one (1) unit;
(2) Execute the purchase order for the
subsequent purchase of additional units at the same bid price, for one (1)
year, without further Council action other than the appropriation of necessary
funds; and
(3) Approve a contingency of $33,000 for unforeseen engineering requirements that may arise subsequent to the publication of the bid specifications.
(General Services)
Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated July 12, 2000, recommending Council accept the bid report and award said contract to the low bidder, Ferarra Fire Apparatus, and authorize the Director of General Services to execute the purchase orders and approve said contingency.
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 Ferarra Fire Apparatus, the low bidder, and the $33,000 contingency were approved and execution of the contract authorized. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
9e Report on bids and award of contract for the FY 1999-00
Remove and Replace Asphalt Concrete Pavement 2000 Project to the low bidder,
Granite Rock/Pavex Construction in the amount of $2,564,600. CEQA: Exempt
(Streets and Traffic)
Documents
Filed: (1) Supplemental m Memorandum from Director of Streets and Traffic,
Wayne K. Tanda, dated July 12, 2000, recommending Council accept the bid report
and award said contract to the low bidder, Granite Rock/Pavex Construction.
(2) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated July
12, 2000, noting an earlier rejection of all bids for the contract, and
submitting a supplemental memorandum providing the recommendation for award
based on the outcome of the rebidding process.
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 Granite Rock/Pavex Construction, the low bidder, was approved and execution of the contract authorized. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.
Items 9f and 9g were heard
together.
9f Adoption of a resolution
supporting placement of a measure on the November 2000 ballot to extend the
Measure A/B Transportation Program and supporting the projects recommended by
Santa Clara Valley Transportation Authority for funding through the
program. (Mayor)
(Rules in
Lieu referral 7/26/00)
9g Adoption of a resolution
opposing Assembly Bill 2929 (Torlakson) relating to “buy-in” conditions for
extending BART service. (Mayor)
(Rules in
Lieu referral 7/26/00)
Documents Filed: (1) Memorandum from Mayor
Gonzales, Council Members Chavez, LeZotte, and Powers, dated July 31, 2000,
recommending Council adopt resolutions supporting the November Transportation
Ballot Measure and opposing AB 2929.
Discussion/Action: Mayor Gonzales stated the Staff presentation and public testimony would be accepted on both items simultaneously, and that Council action on the ballot measures would require the adoption of two transportation-related resolutions. Director of Public Works, Ralph A. Qualls Jr. reviewed the actions proposed in Items 9f and 9g as they relate to the transportation improvements for Santa Clara County and extension of the BART System into San José. With regard to the current ½-cent sales tax and whether it should be extended to provide local funding for a number of local transportation projects, he stated City Staff is recommending the adoption of a resolution that supports placing a measure on the November 2000 ballot for the VTA-approved program for approximately $3.8 billion in proposed roadway and transit improvements, projects of highway expressways and freeways, including the Coleman Avenue/I-880 Interchange improvements, the I-280 and I-880/SR 17 Interchanges, as well as other highway programs and improvements and street maintenance, and the BART to Silicon Valley extension. Pertaining to AB 2929 – the requirement that Santa Clara County pay a “buy-in” fee to the BART system before BART could be extended to Santa Clara County – he stated Staff is recommending Council take an oppose position on the Bill. He stated conditions in AB 2929 are not equitable to the taxpayers and citizens of Santa Clara County; that it would have significant negative impacts on efforts to extend BART to San José; and that it would clearly jeopardize the ability of the local community to determine the structure of Santa Clara County’s future participation in the BART system. He stated AB 2929 would prohibit BART from extending service to any area outside the existing district boundaries until that area has made specific commitments to extend district services and facilities to the cities of Antioch and Livermore, and would make various findings regarding the history of BART, its financing, principles for service extensions and the need to continue the “buy-in” principle for counties seeking BART services outside the BART district – these findings would specifically reference Santa Clara County. He stated the enactment of SB 45 placed transportation decisions at the local level, and for that reason, City Staff is recommending Council join the VTA Board and the Cities Association in adopting a position of opposition to AB 2929. The following individuals spoke in support of placing the measures on the Ballot: Ross Signorino; Kathy Johnson, Silicon Valley Manufacturing Group; and Carl Guardino, President & CEO of Silicon Valley Manufacturing Group. William J. Garbett spoke in favor of the ballot measures and in opposition to the process. Upon motion by Council Member Powers, seconded by Council Member Chavez and unanimously carried, Resolution No. 69815, entitled: “A Resolution of the Council of the City of San José Supporting Placing On the November 2000 General Election a Ballot Measure to Extend the Existing Measure ‘B’ General Sales Tax and a Ballot Measure Seeking An Advisory Vote on Whether the County of Santa Clara Should Fund the Transportation Projects That Have Been Identified and Recommended by the Santa Clara Valley Transportation Authority”; and Resolution No. 69816, entitled: “A Resolution of the Council of the City of San José Opposing Assembly Bill 2929 (Torlakson)”, were adopted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 4.