MINUTES OF THE CITY COUNCIL

 

 

SAN JOSE, CALIFORNIA               TUESDAY, AUGUST 22, 2000

 

 

The Council of the City of San Jose was scheduled to convene in Closed Session at 9:30 a.m., in Council Chambers, City Hall. The Closed Session was canceled, and the City Council convened at 1:34 p.m. in the Council Chambers.

 

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

 

               Absent: Council Members - None.

               Vacant: District 4.

 

 

PLEDGE OF ALLEGIANCE

 

               Mayor Gonzales led the Pledge of Allegiance.

 

 

ORDERS OF THE DAY

 

               Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 6-0-4-0-1. Absent: Diaz, Diquisto, LeZotte, Powers. Vacant: District 4.

 

 

CEREMONIAL ITEMS

 

5a         Presentation of commendation and award of the Outstanding Employee Recognition Award to Vanessa Rogier, Senior Recreation Leader in the Department of Conventions, Arts and Entertainment Department. (City Manager’s Office)

 

               Documents filed: None.

 

               Discussion/Action: Mayor Gonzales was joined at the podium by City Manager Del Borgsdorf and Conventions, Arts and Entertainment Director Nancy Johnson for presentation of a commendation and the Outstanding Employee Recognition Award to Vanessa Rogier for her work at the Happy Hollow Zoo. Director Johnson praised her commitment and passion for the Happy Hollow Park and Zoo and for her efforts in promotion of the facility.

 

Council Member Woody introduced Katie Greco, ten year old student at Evergreen School, who won the Miss Northern California America Sweetheart title and will compete in November 2000 at the American Co-Education State Pageant at Walt Disney World. The pageant’s motto is “Youth—Pride of the Present, and Hope of the Future.”

 

 

Mayor Gonzales welcomed to the City Council meeting a visiting delegation of business leaders from the Haidian District of Beijing, China, who are here to initiate a relationship between their District and the City of San José.

 

 

CONSENT CALENDAR

 

               Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

 

Minutes for Approval

 

6a(1) Adjourned Regular Meeting of June 12, 2000

 

               Documents filed:  Minutes of June 12, 2000.

 

               Discussion/Action: The Minutes were approved. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

Ordinances for Final Adoption

 

6b(1)         ORD. NO. 26171 – Amends Chapter 1.17 of Title 1 of the San José Municipal Code to add generally applicable, standard provisions for the payment of obligations to the City of San José, amends various Chapter of Titles 4 and 9 to standardize the penalties and interest applicable to the late payment of delinquent obligations and amends Title 4 to permit certain service suppliers to remit the taxes to the City on a quarterly basis and makes technical changes clarifying the administration of the tax.

 

               Documents filed: Proof of publication of Ordinance No. 26171, dated August 15, 2000, submitted by the City Clerk.

 

               Discussion/Action: Ordinance No. 26171 was adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

Plans and Specifications

 

6d(1)       TRACT NO. 9212 -Within the Evergreen Specific Plan Area (ESP) and more specifically located on the north side of Aborn Road and Altamara Avenue - Citation Homes Central (Developer) - 71 single family detached residential units.  Approval of a parkland agreement and adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9212.  CEQA:  Resolution No. 63179.  District 8.  (Public Works)

 

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 16, 2000, recommending adoption of said resolutions.

 

               Discussion/Action: Resolution No. 69846, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans for Tract No. 9212”; Resolution No. 69847, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9212”; Resolution No. 69848, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9212”; and Resolution No. 69849, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract No. 9212”, were adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

6d(2)       TRACT NO. 9240 - Silver Creek Road, 400 feet south of Yerba Buena Road (Silver Ridge Phase II) - Ryland Homes of California, Inc., a Delaware Corporation (Developer) - 123 single family detached residential units.  Adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9240.  CEQA: Negative Declaration.  District 8.  (Public Works)

 

               Documents filed: None.

 

               Discussion/Action: This item was deferred to August 29, 2000.

 

Contracts/Agreements

 

6e(1)         Report on bids and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 2000-2001 Capital Improvement Program, Roof Replacement Project-Water Pollution Control Plant at 700 Los Esteros Road” to the low bidder, Universal Coatings, Inc., in the amount of $127,000 and approval of a contingency in the amount of $30,000.  (Environmental Services)

 

               Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated August 2, 2000, recommending approval of said contract to the low bidder, Universal Coatings, Inc. and approval of the related contingency. (2) Letter from the Treatment Plant Advisory Committee dated August 11, 2000, stating concurrence with the Staff recommendation.

 

               Discussion/Action: The award of said contract to the low bidder, Universal Coatings, Inc., and related contingency, were approved and their execution authorized. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

6e(2)         Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #7, 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 August 2, 2000, recommending approval of said open purchase orders.

 

               Discussion/Action: The award of open purchase orders List No. 7 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

6e(3)         Report on bids and award of contract for the Kirk Community Center HVAC Phase II Project to the low bidder, Tucker Construction Inc., for the base bid and Add Alternate No. 1 in the amount of $266,000, and approval of a contingency in the amount of $26,000.  CEQA:  Exempt.  (Public Works)

 

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 2, 2000, recommending award of said contract to the low bidder, Tucker Construction Inc., and approval of the related contingency.

 

               Discussion/Action: The award of said contract to the low bidder, Tucker Construction Inc., and the related contingency, were approved and their execution authorized. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

6e(4)         Approval of an agreement with Kenneth Y. Kai and Tae K. Kai for the purchase of a parcel of land and a use agreement for property located at 2710 McKee Road, in the amount of $134,000, and authorization for the City Manager to execute the necessary documents to complete the transaction.  CEQA:  ND.  (Public Works)

 

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 2, 2000, recommending approval of said purchase and land use agreement and authorization for the City Manager to execute the necessary documents.

 

               Discussion/Action: The land purchase and use agreement was approved, and the City Manager authorized to execute the necessary documents. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

6e(5)         Approval of a five (5) year lease agreement with Menara Corporation for 4,900 rentable square feet of office space at its building located at 43 E. Gish Road for the Department of Parks, Recreation and Neighborhood Services’ Youth Employment Services and Anti-Tobacco Program, at a monthly rental rate of $13,965 per month during the first year of the lease with annual increases to $16,337.07 during the final year of the lease.  (Public Works)

 

               Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated August 2 and 14, 2000, recommending approval of said lease agreement. Corporation.

 

               Discussion/Action: The lease agreement with Menara Corporation was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

Routine Legislation

 

6f(1)       (a) Adoption of a resolution accepting a $72,000 gift from the Happy Hollow Corporation for the renovation of the Jaguar Exhibit at Happy Hollow Park and Zoo.

               (b) Adoption of appropriation ordinance and funding sources resolution amendments in the Gift Trust Fund.

               (Conventions, Arts and Entertainment/City Manager’s Office)

               [Deferred from 8/8/00 – Item 6f(3)]

 

               Documents filed: Memorandum from Budget Director Larry D. Lisenbee and Conventions, Arts and Entertainment Director Nancy Johnson, dated August 4, 2000, recommending adoption of a resolution to accept a gift from the Happy Hollow Corporation and approval of said appropriation ordinance and related revenue resolution amendments.

 

               Discussion/Action:  Resolution No. 69850, entitled: “A Resolution of the Council of the City of San José Accepting a Donation in the Amount of $72,000 from the Jaguar Exhibit from the Happy Hollow Corporation”; Ordinance No. 26183, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Gift Trust Fund in the Amount of $247,000 to Establish the Jaguar Exhibit at Happy Hollow Park and Zoo, and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 69851, entitled, “A Resolution 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  Gift Trust Fund”, were adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

6f(2)         Adoption of an ordinance ratifying final expenditures in various appropriations for FY 1999-2000.  (City Manager’s Office)

 

               Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated August 2, 1000, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

               Discussion/Action: Ordinance No. 26184, entitled: “An Ordinance of the City of San José Authorizing and Ratifying Certain Encumbrances and/or Expenditures in Various Funds Made During City’s 1999-2000 Fiscal Year in Excess of Sums Appropriated Therefor”, was adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

6f(3)         Adoption of appropriation ordinance and funding sources resolution amendments in Construction and Conveyance Tax funds and the General Fund for various parks and recreation projects.  (City Manager's Office)

 

               Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated August 21, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

               Discussion/Action: Ordinance No. 26185, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Construction and Conveyance Tax Funds for Various Parks and Recreation Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 69852, entitled, “A Resolution 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 and Conveyance Tax Funds”, were adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

6f(4)         Adoption of a resolution accepting dedication of real property from Investment Development Services (IDS) as the site for construction of a 4-million-gallon water tank to serve development within the Evergreen Specific Plan Area and the Evergreen Campus Industrial Area.  CEQA:  Resolution to be adopted.  (Public Works)

 

               Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 2, 2000, recommending adoption of said resolution.

 

               Discussion/Action: This item was dropped from the Agenda.

 

6f(5)         Approval of Council Member Alice Woody’s travel to Houston, Texas, August 19-21, 2000, for a Police and Fire Retirement Fund visit to investment property.  Funding:  Police and Fire Retirement Fund.  (Woody)

               (Rules Committee referral 8/16/00)

 

               Documents filed: None.

 

               Discussion/Action: The travel of Council Member Woody to Houston, Texas, August 19-20, 2000, was approved. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

END OF CONSENT CALENDAR

 

 

COMMISSION, COMMITTEE, AND STANDING REPORTS

 

7a                 Report of the Study Session – June 12, 2000

                     Mayor Gonzales, Chair

 

               Documents filed: Study Session report of June 12, 2000.

 

               (1) Final Proposed Budget Modifications. Attachments: (1) Memorandum from Mayor Gonzales, dated June 6, 2000, presenting Final Budget Modification recommendations for FY 2000-2001. (2) Memorandum from Council Members Chavez, LeZotte, Matthews and Powers, dated June 12, 2000, making recommendations for allocating funds from the Tobacco Settlement Fund toward a goal of making health insurance available to every child in San José. (3) Agenda for the June 12, 2000 Study Session. (4) See the Minutes of the June 20, 1999 City Council meeting for Mayor Gonzales’ FY 1999-2000 Budget Direction memorandum dated June 15, 1999, which gave direction to Staff for the FY2000-2001 Budget Process.

 

               The Mayor’s Final Budget Modification Message for the Capital and Operating Budget for FY 2000-2001 was presented, followed by Council discussion; no Council action taken.

 

               Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Study Session report and recommendations of June 12, 2000, were accepted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

7b                 Report of the Rules Committee – August 9, 2000

               Vice Mayor Fiscalini, Chair

 

               Documents filed: Rules Committee report of August 9, 2000.

 

               (1) Review August 22, 2000 Draft Agenda

 

               The Committee approved the August 22, 2000 City Council Agenda.

 

               (2) Add New Items to August 15, 2000 Amended Agenda

 

               The Committee recommended four additions to the August 15, 2000 City Council Agenda.

 

               (3) Meeting Schedules. Attachment: Memorandum from Senior Executive Assistant Deanna J. Santana, dated August 7, 2000, recommending four Special Council Meetings.

 

               The Committee recommended approval of the following Special Council meetings related to the Tobacco Settlement Funds:

               August 19, 2000, 9-11 a.m., Shirakawa Community Center

               August 22, 2000, 7-9 p.m., Roosevelt Community Center

               August 26, 2000, 9-11 a.m., Willows Senior Center

               August 29, 2000, 7 p.m. , Council Chambers.

 

               (4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated August 3, 2000, listing the items transmitted to the Administration and those items filed for the Public Record for the period July 26-August 2, 2000. (2) Memorandum from Senior Executive Assistant Deanna J. Santana, dated August 7, 2000, summarizing the actions taken on items transmitted to the Administration and filed for the Public Record for the period July 26-August 2, 2000.

 

               The Committee noted and filed the Public Record.

 

               (5) Request to use Council General Funds to attend League of California Cities Annual Conference in Anaheim, CA, September 7-9, 2000. Attachment: (1) Memorandum from Council Member Shirakawa, Jr., dated July 31, 2000, requesting use of Council General funds. (2)  Memorandum from City Clerk, Patricia L. O’Hearn, dated July 28, 2000, summarizing the use of Council General Travel Budget to date.

 

               The Committee approved the use of Council General funds by Council Member Shirakawa, Jr., to attend the League of California Cities’ Annual Conference in Anaheim, CA, September 7-9, 2000.

 

               (6) Approve appointment of 2000 League of California Cities Voting Delegate and Alternate at the Annual Business Meeting

 

               This item was heard by Council on August 15, 2000.

 

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

               (a) Report back on request for a Study Session on Smart Growth

 

                        The Committee deferred this item to the August 16, 2000 Rules Committee meeting.

 

               (b) Report back on request to redefine a City ordinance to include prohibiting storage of RV’s in the front setback of a residence. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated August 2, 2000, regarding residential traffic visibility and safety improvements.

 

                        The Committee directed Staff to review the existing enforcement policy to consider including recreational vehicles, such as motor homes, to address the issue of residential traffic visibility; and to provide Council with the revised policy through an informational memorandum.

 

               (8) Oral communications

 

               None presented.

 

               (9) Adjournment

 

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

 

               Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the Rules Committee report and actions of August 9, 2000, were accepted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

 

Council Member Diaz entered the Council Chambers.

 

7c                 Report of the Finance and Technology Committee – August 9, 2000

                     Council Member Woody, Chair

 

               Documents filed: Finance and Technology Committee minutes of August 9, 2000.

 

               (1) Monthly Investment Report for May 2000. Attachment: Memoranda from Acting Director of Finance, Mark Burton, dated July 25, 2000, transmitting the May 2000 Investment Report.

 

               The Committee accepted the Staff report.

 

               (2) Monthly Investment Report for June 2000. Attachment: Memoranda from Acting Director of Finance, Mark Burton, dated July 25, 2000, transmitting the June 2000 Investment Report.

 

               The Committee accepted the Staff report.

 

               (3) Monthly Activity Report for June 2000. Attachment: Memorandum from City Auditor Gerald A. Silva, dated August 4, 2000, transmitting the June 15-July 15, Activity Report.

 

               The Committee accepted the Staff report.

 

               (4) The San José-Santa Clara Water Pollution Control Plant’s Progress Toward Meeting Effluent Limitations. Attachment: Report entitled, An Audit of the San José-Santa Clara Water Pollution Control Plant’s Progress Toward Meeting Effluent Limitations, dated July 2000, submitted by the Office of the City Auditor.

 

               The Committee accepted the Staff report.

 

               (5) Auditor’s Workplan. Attachment: City Auditor Gerald A. Silva, dated July 24, 2000, transmitting the proposed FY2000-2001.

 

               The Committee accepted the Auditor’s Workplan.

 

               (6) Report on Wells Fargo Bank Securities Custody Agreement. Attachment: Memorandum from Acting Director of Finance, Mark Burton, dated July 31, 2000, recommending approval of an agreement with Wells Fargo Bank for securities custody services.

 

               The Committee accepted the Staff report.

 

                        Discussion/Action: See Item 9c for Council action taken. 

 

               (7) 2000 Legislative Priorities and Policy Guidelines. Attachment: Memorandum from Deputy City Manager, Jesus Nava, dated July 19, 2000, forwarding the June 21, 2000 Rules Committee referral of the 2000 Legislative Priorities and Policy Guidelines for review of items pertaining to the Finance and Technology Committee’s respective policy areas.

 

               The Committee accepted the recommendation that the Rules Committee discuss the possibility of removing the legislative component from its agenda and adding it as a separate item to the Council agenda.

 

               Discussion/Action: Council referred this issue to the Administration for review and recommendation to Council next year as a component of an annual review and prioritization of Administrative work projects.

 

               (8) Oral petitions

 

               (1) Bill Chew spoke on televised broadcasting of Council Committee meetings.

               (2) William Garbett spoke on the audit of the Water Pollution Control Plant.

 

               (9) Adjournment

 

               The meeting was adjourned at 11:20 p.m.

 

               Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the Finance and Technology Committee report and actions of August 9, 2000, were accepted, with Item 7c(7) referred to the Administration for review and report to Council. Vote: 10-0-0-0-1. Vacant: District 4.

 

7d                 Report of the Economic and Community Development Committee– August 14, 2000

           Council Member Diaz, Chair

               Documents filed: Partial Economic and Community Development Committee report of August 14, 2000, Revised.

 

               (1) Discussion on the Proposed Revisions to the Sign Ordinance. Attachments: (1) Memorandum from City Manager Del D. Borgsdorf and Redevelopment Agency Executive Director Susan F. Shick, dated August 11, 2000, providing Staff analysis of the twenty recommendations by Mayor Gonzales and Council Member Chavez for amendments to the City’s signage ordinance. (2) Memorandum from Senior Deputy City Manager Darrell Dearborn, dated August 2, 2000, transmitting to the Committee the referenced memorandum from Mayor Gonzales and Council Member Chavez.

 

               The Committee referred those recommendations (Nos. 8, 9, 10, 11, and 20) that do not require further study to be cross referenced for Council action at the August 29, 2000 meeting, and the remaining recommendations that will require additional Staff analysis will be brought back to the Economic and Community Development Committee meeting on September 11, 2000. (Note: Subsequent action at the Rules Committee of August 16, 2000 referred the recommendations that do not require additional Staff analysis to the Council meeting of August 22, 2000).

 

               Discussion/Action: Council accepted corrections to the Committee Minutes and Executive Summary to indicate that the Committee referred only Recommendation Nos. 8, 9, 10, 11 and 20 for Council consideration on August 22, 2000, and that no additional items pertaining to the sign ordinance were referred for Council action on August 29, 2000. See Item 9h for Council action taken.

 

               (2) Oral Petitions

 

               None presented.

 

               (3) Adjournment

 

               The meeting was adjourned at 3:20 p.m.

 

               Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Powers, and unanimously carried, Item 7d(1) was heard under Item 9h. Vote: 10-0-0-0-1. Vacant: District 4.

 

7e                 Report of the Transportation and Environment Committee – August 10, 2000

                     Council Member Powers, Chair

 

               Documents filed: Transportation and Environment Committee report of August 10, 2000.

 

               (1) Consent Calendar

 

               No items on Consent Calendar.

 

               (2) Report on 2000-2001 Traffic Signal Location – Update. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated  July 27, 2000, reporting that based on community input to the proposed 2000-2001 Traffic Signal installation list, the intersection of Rosswood Drive and Union Avenue will be deferred for further analysis following the construction of the nearby traffic signal at Carlton Avenue and Union Avenue, and the intersection of Edenbury Lane and Pearl Avenue is the next location on the City-wide prioritization list that is to be constructed in place of the deferred traffic signal.

 

               The Committee accepted the report.

 

               (3) Report on Downtown Rail Transit Alignment Studies. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 3, 2000, updating Council on studies being prepared by the Santa Clara Valley Transportation Authority and highlighting key issues relative to the alignment options being considered; the studies include: BART to San José Feasibility Study; Downtown/East Valley Transit Study; and the Downtown San José Light Rail Alignment Study.

 

               The Committee accepted the report.

 

               (4) Report on Valley Transportation Plan 2020. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 3, 2000, updating Council on the status of the Santa Clara Valley Transportation Authority’s Valley Transportation Plan 2020 (FTP 2020).

 

               The Committee accepted the report.

 

               (5) Report on Green Power Options. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, and from Director of General Services, Steve S. Yoshino, dated August 2, 2000, recommending the issuance of a Request for Proposal for the purchase of renewable energy based on the goals and framework stated therein.

 

               The Committee continued the report to September.

 

               (6) 2000 Legislative Priorities and Policies Guidelines. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 3, 2000, recommending approval of the City of San José 2000 Legislative Priorities and Legislative Policy Guidelines.

 

               The Committee referred this item back to Rules Committee.

 

               (7) Oral petitions.

 

               None presented.

 

               (8) Adjournment.

 

               The meeting was adjourned at 4:05 p.m.

 

               Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr., and unanimously carried, the Transportation and Environment Committee report and actions of August 10, 2000, were accepted. Vote: 10-0-0-0-1. Vacant: District 4.

 

 

GENERAL GOVERNMENT

 

9a         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) and 8/1/00 – Item 6e(1)]

 

               Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated June 5 and 20, and August 8, 2000, recommending award of said contract to the low bidder, Karleskint-Crum, Inc., and approval of the related contingency.

 

               Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the award of said contract to the low bidder, Karleskint-Crum, Inc., and the related contingency, were approved and their execution authorized. Vote: 10-0-0-0-1. Vacant: District 4.

 

 

9b         Approval of an agreement with Corlett, Skaer & DeVoto Architects, Inc., to provide the consultant services needed for the design, bid and construction administration of acoustical treatment for the Center for Employment Training at 701 Vine Street and the Sacred Heart School at 310 Edwards Avenue in San José for the period August 22, 2000 to June 30, 2002, in an amount not to exceed $983,500.  CEQA:  Resolution No. 67380.  (Airport)

 

               Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated August 2, 2000, recommending approval of said agreement with Corlett, Skaer & DeVoto Architects, Inc.

 

               Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, said agreement with Corlett, Skaer & DeVoto Architects, Inc., was approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 4.

 

9c           (1) Approval of an agreement with Wells Fargo Bank for securities custody services for the period September 5, 2000 to June 30, 2003, in an annual amount not to exceed $50,000, with options to extend the term for up to two (2) additional years with an increase in compensation based upon the consumer price index.  (Finance)

               (2) Adoption of appropriation ordinance and funding sources resolution amendments in the General fund to support the agreement with Wells Fargo Bank for securities custody services.  (City Manager’s Office)

               [Finance and Technology referral 8/9/00 – Item 7c(6)]

 

               Documents filed: (1) See Item 7c(6) for memorandum from Acting Budget Director Mark Burton, dated July 31, 2000, recommending approval of said agreement with Wells Fargo Bank. (2) Memorandum from Budget Director Larry D. Lisenbee, dated July 31, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

               Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, said agreement and specified options were approved and their execution authorized; Ordinance No. 26186, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $50,000 to Support the Agreement with Wells Fargo Bank for Securities Custody Services; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69853, entitled, “A Resolution 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: 10-0-0-0-1. Vacant: District 4.

 

 

9d         Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with San José Unified School District to provide funding in an amount not to exceed $700,000 for renovation and development of a Community Center at the historic Hoover Building for use by the City and the public for a period of 25 years.  CEQA:  Exempt.  (Parks, Recreation and Neighborhood Services)

 

               Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated August 2, 2000, recommending adoption of said resolution.

 

               Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 69854, 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  to Provide Funding for Renovation and Development of a Community Center at the Historic Hoover Building in an Amount Not to Exceed $700,000”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

 

 

9e         Direction to staff:

               (1) To issue a follow-up report on the Stormwater NPDES Permit after the Regional Water Quality Control Board issues the Draft Permit Order, now scheduled for release in September 2000.

               (2) To provide City Council with the Efficiency Study on the Urban Runoff Program after the impacts of any new regulations are analyzed and in time for discussion early in the FY 2001-02 budget process.

               (Environmental Services)

               (Deferred from 8/15/00 – Item 9b)

 

               Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated August 2, 2000, recommending Council approval said direction to Staff regarding the Stormwater NPDES Permit.

 

               Discussion/Action: Council Member Powers suggested that subsequent reports on the City’s NPDES permit be reported to the Council through the Transportation and Environment Committee. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Council directed Staff to: (1) Issue a follow-up report to Council on the Stormwater NPDES Permit after the Regional Water Quality Control Board issues the Draft Permit Order, now scheduled for release in September 2000, and (2) Provide City Council with the Efficiency Study on the Urban Runoff Program after the impacts of any new regulations are analyzed and in time for discussion early in the FY 2001-02 budget process, and requested Staff provide future reports to Council through the Transportation and Environment Committee. Vote: 10-0-0-0-1. Vacant: District 4.

 

 

Items 9f and 9g were considered together.

 

9f         Discussion of changing Parks and Recreation Commission terms from one four-year term to two three-to-four year terms.  [Rules Committee referral 8/2/00 – Item 7b(6)(a)]

               (Deferred from 8/15/00 – Item 9d)

 

9g         Discussion of changing Senior Citizens Commission terms from one four-year term to two three-to-four year terms.  [Rules Committee referral 8/2/00 – Item 7b(6)(b)]

               (Deferred from 8/15/00 – Item 9e)

 

               Documents filed: (1) See Items 7b(6) for memorandum from City Clerk, Patricia L. O’Hearn, dated August 2, 2000, forwarding requests for revisions to the terms of the Parks and Recreation Commission and of the Senior Citizens Commission. (2) Correspondence from Garry Glenn Cheney, dated August 22, 2000, in support of changing the terms from one four year term to two three-to-four year terms.

 

               Discussion/Action: Garry Cheney, Parks and Recreation Commission Member and Don Blankenship, Vice-Chair, Senior Citizens Commission, each spoke in support of changing term limits for the Parks and Recreation and Senior Citizen Commissions. Vice Mayor Fiscalini stated that the institution of Project Diversity has led to the shortening of terms and to a greater participation of residents on the City’s Boards and Commissions and everything possible should be done to continue to encourage that participation, and moved to table the issue.  Council Member Shirakawa, Jr. seconded the motion. Mayor Gonzales stated the leadership of the Council and implementation of Project Diversity has made the Boards and Commissions more representative of the community and agreed that the City should do everything possible to reach out to the community. Council Member Diaz stated that in light of the need to continue to encourage more participation and more diversity on the Boards and Commissions, he would be reluctant to make any changes that might be counter to that goal. Council Member Woody stated that since the implementation of Project Diversity and term limits, there are continuing problems in recruiting enough people to fill vacancies, which at times leaves commissions without adequate membership and she thinks the request for two three-year terms is reasonable and she does not support the motion to table the issue. Council Member Chavez stated she is hesitant to make changes to some commissions and not to others, stated she does not support the motion to table the issue and recommended that a review be conducted of the issue to determine the best course of action. Mayor Gonzales expressed support for the idea of conducting a review and stated that before he would support expanding terms limits he would want a review to determine how effective the City has been in reaching out to the community through Project Diversity. Council Member Dando suggested referring the issue to Staff to evaluate the Project Diversity program. Council Member Woody stated there are occasions where people are interested in serving but fail to be recommended by the Project Diversity Steering Committee and suggested adding to the review the issue of what criteria the Project Diversity Steering Committee uses in forwarding recommendations for candidates. Vice Mayor Fiscalini agreed to add to the motion the direction for Staff to review the program and the selection criteria. On a call for the question, the motion was approved as amended, and the requests of the Parks and Recreation Commission and the Senior Citizens Commission were tabled, and Staff was directed to study term limits for Boards and Commission Members and the Project Diversity process and criteria currently used for the recruitment and selection of Board and Commission Members to determine the effectiveness of the current system. Vote: 10-0-0-0-1. Vacant: District 4.

 

 

9h         Approval of an ordinance for the City of San Jose, amending several sections of Title 23 of the San Jose Municipal Code, to implement certain recommendations of the Signage Advisory Committee.  (City Manager’s Office)

               [Economic and Community Development Committee referral 8/14/00 – Item 7d(1)]

 

               Documents filed: (1) See Item 7d(1) for: (a) the Revised Economic and Community Development Committee Report, (b) the letter dated June 26, 2000 from Mayor Gonzales and Council Member Chavez, and (c) the memorandum to the Economic and Community Development Committee, dated August 11, 2000, from City Manager Del D. Borgsdorf and Redevelopment Agency Executive Director Susan F. Shick. (2) Memorandum from City Manager Del D. Borgsdorf, dated August 18, 2000, recommending Council approval of the recommendations forwarded by the Economic and Community Development Committee.

 

               Discussion/Action: Council Member Powers stated the Economic and Community Development Committee heard a Staff report on the recommendations dated June 26, 2000 from Mayor Gonzales and Council Member Chavez, which were reviewed by City and Agency Staff and the Signage Advisory Committee, and Staff presented their joint response to the Committee. She stated the original Committee report showing referral of Nos. 1, 2, 9, 10, 11, 12 and 20 was incorrect and has been revised to indicate the Committee referred to Council the Recommendation Nos. 8, 9, 10, 11 and 20. She stated the Committee approved Recommendation Nos. 8, 9, 10, 11 and 20, which do not require further study, to be cross referenced for Council consideration on August 29, 2000, and the remaining recommendations be referred to Staff for additional analysis and report back to the Economic and Community Development Committee on September 11, 2000. [Subsequent action at the Rules Committee of August 16, 2000, referred Recommendation Nos. 8, 9, 10, 11 and 20 from the August 29 to the August 22, 2000 City Council meeting.] Council Member Powers moved approval of the Committee report and actions of August 14, 2000, as revised, and approval of Recommendation Nos. 8, 9, 10, 11 and 20 for amending the sign ordinance. Council Member Chavez seconded the motion. Redevelopment Program Manager Dennis Korabiak made a Staff presentation and explained the recommendations that were being forwarded to Council. He stated Recommendation No. 8 deals with an existing Council policy adopted in 1972 which absolutely prohibits Community Gateway signs. He stated by Council taking the recommended action, Staff will revise the policy and bring it back to Council for approval. He stated the revision will deal with the both the installation and the accompanying permitting and maintenance issues. He stated Recommendation No. 9 deals with Skyline signs in the Julian-Stockton area, where presently no Skyline signs are allowed, even though the City encourages high rise buildings. Since a portion of Julian-Stockton is in the downtown where Skyline signs are allowed, the revision will help to equalize that inequality between the two areas of the redevelopment and allow some of the newer projects to have Skyline signs. He stated Recommendation Nos. 10 and 11 deal with the complete revamping of the Skyline sign provisions, addressing the key concerns of proportionality and number of signs relative to the size of the building, and the appropriate size of the signs. He stated Recommendation No. 20 allows for temporary signage for 90 days when permanent signs require an extended construction period. William J. Garbett spoke in opposition to the proposal. On Recommendation No. 8 pertaining to community gateway signs, Council Member Woody asked who would determine where signs would be allowed. Dennis Korabiak replied that the determination would be made by Council when Staff brings back a policy direction. He stated traditionally community signs have been located at entrances to major neighborhood development, often by private developers, but since there has been no pattern, Staff will attempt to bring to Council a policy that will give clear direction to communities as to what is permissible. Council Member Woody stated she is unclear on what criteria will be used and has concerns about gateway signage that could become controversial and/or divide communities, and voted in support of all recommendations except No. 8, to which she is opposed. On a call for the question, the motion carried unanimously, and Ordinance No. 26187, entitled: “An Ordinance of the City of San José Amending Chapter 23.02 of Title 23 of the San José Municipal Code to Add a New Section 23.02.1327 and Amending Sections 23.04.020 and 23.04.120 of Chapter 23.04 of Title 23 of the San José Municipal Code, All to Implement Certain Recommendations of the Signage Advisory Committee”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 4.

 

 

FISCAL AFFAIRS

 

10a         (1) Adoption of a resolution amending Resolution No. 68721, The Master Parking Rate Resolution, to establish monthly and/or incremental parking rates at the Market/Balbach Surface Lot.

               (2) Approval of a Property Use Agreement between the City of San José and the Redevelopment Agency, granting to the City the exclusive right to use the Market/Balbach Surface Lot for purposes of operating a public parking facility for a period not to exceed three (3) years.

               (Streets and Traffic)

               (Deferred from 8/8/00 – Item 10a)

 

               Documents filed: (1) See memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated July 19, 2000, recommending adoption of a resolution establishing off-street and on-street parking rates, charges and fees at certain parking facilities, filed in Council Minutes of August 8, 2000. (2) Supplemental memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated August 11, 2000, recommending adoption of a resolution establishing monthly and incremental parking rates at the Market/Balbach Surface Lot and approval of said Property Use Agreement.

 

               Discussion/Action: Council Member Chavez stressed the importance of working closely with the neighborhoods involved throughout the process.  Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Property Use Agreement between the City of San José and the Redevelopment Agency was approved, and Resolution No. 69855, entitled: “A Resolution of the Council of the City of San José Adopting a Master Parking Rate Schedule for Municipal On and Off Street Parking Facilities and for the Downtown Validation Programs, and Repealing Resolution No. 69828”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

 

 

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS

 

The Council of the City of San José convened the Redevelopment Agency Board at 2:25 p.m. to consider Item 11a in a Joint Session.

 

11a         (1) Approval of Council Policy 12-1, which establishes a consistent and uniform approach for estimating and reporting construction project costs and establishing construction project budgets. 

               (2) Approval of Redevelopment Agency Policy, which establishes a consistent and uniform approach for estimating and reporting construction project costs and establishing construction project budgets. 

               (City Manager’s Office/Redevelopment Agency)

               (Deferred from 6/27/00 – Item 11a et al., and 8/15/00 – Item 11a)

 

               Documents filed: (1) Memorandum from City Manager, Del D. Borgsdorf, and Redevelopment Agency Executive Director Susan Shick, dated August 14, 2000, recommending approval of Council Policy 12-1 and Redevelopment Agency Policy, to establish a uniform approach for estimating and reporting construction project costs and establishing construction project budgets. (2) Hard copies of the Powerpoint presentation made by Director Qualls. (3) Correspondence from Albert J. Ruffo, dated August 22, 2000,

 

               Discussion/Action: Director of Public Works, Ralph A. Qualls, Jr., presented a Powerpoint presentation on the proposed policy. Albert J. Ruffo spoke on the estimated costs for the proposed Civic Center Plaza and City Hall. William J. Garbett spoke in opposition to the proposal. Vice Mayor Fiscalini moved approval of the proposed policy. Council Member Powers seconded the motion. Council Member Diaz stated he supports the idea of such a policy; however, he has concerns about the overall process of getting projects through the approval process and budgeted in a timely fashion, which is not addressed in the proposal. He suggested incorporating a method of addressing timeliness of the project phases and the appropriate time to budget for such projects. He stated he would like the policy to address the scope and size of the larger projects, and stated he could not support the policy as written. Mayor Gonzales commended Staff for the report and recommended that other City projects use similar charts to indicate to Council where the project is in the process. Council Member Chavez stated she also is interested in having the “wedge” chart used for major projects and stressed the benefit to Council of maintaining a consistency in the reporting of projects phases. City Manager Borgsdorf stressed that the proposed policy would not preclude Council from budgeting a project early on in the process. On a call for the question, the proposed Council Policy 12-1 and related Redevelopment Agency Policy were approved. Vote: 9-1-0-0-1. Noes: Diaz. Vacant: District 4.

 

The Redevelopment Agency Board recessed at 3:05 p.m., to meet again immediately following the City Council meeting.

 

 

ORAL COMMUNICATIONS

 

               William Garbett spoke about election procedures.

 

 

RECESS/RECONVENE

 

               Council recessed at 3:07 p.m. and reconvened at 7:04 p.m., in the Roosevelt Community Center, 901 East Santa Clara Street, for a public hearing on the Healthy Neighborhoods Venture Fund.

 

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

 

               Absent: Council Members - None.

               Vacant: District 4.

 

 

PUBLIC HEARING

 

15        Public Hearing and discussion on the Healthy Neighborhoods Venture Fund.

            (Parks, Recreation and Neighborhood Services)

            (Continued from 8/19/00)

 

               Documents filed: (1) Hard copy of overhead presentation made by Department of Parks, Recreation and Neighborhood Services Director Mark Linder. (2) Correspondence from Kenneth A. Wesson, dated August 21, 2000, making recommendations for allocation of the Healthy Neighborhoods Venture Fund.

 

               Discussion/Action: Mark Linder, Director of the Department of Parks, Recreation and Neighborhood Services, made a Powerpoint presentation on the Staff recommendations for the Healthy Neighborhoods Venture Fund, dated August 9, 2000, which will be heard by Council as Item 9a on August 29, 2000. Mayor Gonzales opened the Public Hearing and the following individuals addressed Council with various suggestions for allocation of the tobacco settlement funds which the City of San José expects to receive over the next approximately 25 years: Dolores Martinez-Peterson, PACT; Phil Reynolds, Jr.; Paula Velsey, 24^th Street Neighborhood Association; Loyd Williams, Plumbers & Fitters Union #393; Tom Fink; Bart Fisner, Working Partnerships, USA; Gil Villagran; Joe Pambianco; Julian-St. James Neighborhood Association; Richard Nichols; Reymundo Mendez, Gardner Advisory Council; Jussi Rajna, Sherman Oaks Neighborhood Association; R. Kirtley; Linda Jofuku, Yu-Ai Kai, Minority Senior Service Consortium; Adam Escoto; Gary Wood; Mary Helen Doherty; Social Services Agency; Lisa Jensen; Truc Tang; Asian American Recovery Services; Rhonda McClinton-Brown, Community Health Centers. Mayor Gonzales thanked the speakers for their comments and stated the Administration will compile suggestions from each of the Public Hearings on the Healthy Neighborhoods Venture Fund into a Staff report for presentation to the Council when the issue is heard on September 5, 2000, following deferral from the August 29, 2000 Council meeting which has been canceled. He stated the next public hearing on the Healthy Neighborhoods Venture Fund will be Saturday, August 26, 2000, at 9:00 a.m., at the Willows Senior Center, 2175 Lincoln Avenue, San Jose. By unanimous consent, the Public Hearing was closed. Vote: 10-0-0-0-1. Vacant: District 4.

 

 

ADJOURNMENT

 

               The Council of the City of San José adjourned at 8:03 p.m. to meet again Saturday, August 26, 2000, at 9:00 a.m., at the Willows Senior Center, 2175 Lincoln Avenue for a continuation of the Public Hearings on the Healthy Neighborhoods Venture Fund.

 

 

RON GONZALES, MAYOR

 

ATTEST:

PATRICIA L. O’HEARN

CITY CLERK