MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, AUGUST 8, 2000

The Council of the City of San Jose convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.

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

Absent: Council Members - Chavez (Excused); Vacant: District 4.

Vacant: District 4.

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600: (A) to confer with real property designated representatives pursuant to Government Code Section 54956.8: (1) Property: APN 15-31-45, (Eastside Zanker Road, North of SR 237 approximately 119 acres); Designated Representatives: Tim Steele and Darrell Dearborn for the City of San José, and Dave Kruska for Pacific Gas & Electric Company; Robert Hepple for Calpine C*Power; and Grant Sedgewick for U.S. Data Port; Under Negotiation: Lease, sale and/or use agreements for all or part of parcel; and (B) to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In re Ellner; (2) In re Staples; (3), City of San José v. Ramsey; (4) People v. General Cigar Co., Inc., et al.; and (5) People v. Tobacco Exporters, et al.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:35 a.m. and reconvened at 1:37 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.

INVOCATION

Stephanie Anna Plascencia, Slonaker Elementary School, will be rescheduled.

(District 7)

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: 10-0-0-0-1. Vacant: District 4.

A Council Study Session on the Strong Neighborhoods Initiative was held immediately following the City Council and Redevelopment Agency meetings.

CEREMONIAL ITEMS

5a Presentation of plaques to Judith Henderson for 3 years 7 months service on the Historic Landmarks Commission, to James Shore for 3 years 7 months service on the Historic Landmarks Commission, to Monica Schneider for 3 years 7 months service on the Library Commission, to Brian Grayson for 8 years service on the Planning Commission, to James Zetterquist for 2 years service on the Planning Commission, to Steve Belkin for 4 years service on the Senior Citizens Commission, to Mitchell Collins for 3 years 7 months service on the Senior Citizens Commission, to Cliff Eppard for 4 years service on the Senior Citizens Commission, to Frieda Forster for 6 years service on the Senior Citizens Commission. (Mayor)

Documents filed: None.

Discussion/Action: Mayor Gonzales presented plaques to Judith Henderson and James Shore for service on the Historic Landmarks Commission and to Mitchell Collins for service on the Senior Citizens Commission; plaques will be sent to Monica Schneider, Brian Grayson, James Zetterquist, Steve Belkin, Cliff Eppard and Frieda Forster, who were unable to be present.

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: 10-0-0-0-1. Vacant: District 4.

Minutes for Approval

6a(1) Regular Meeting of May 23, 2000

Documents filed: Minutes of May 23, 2000.

Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.

6a(2) Regular Meeting of May 30, 2000

Documents filed: Minutes of May 30, 2000.

Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.

6a(3) Joint City Council/Financing Authority Meeting of May 30, 2000

Documents filed: Minutes of May 30, 2000.

Discussion/Action: The Minutes were approved. Vote: 10-0-0-0-1. Vacant: District 4.

Ordinances for Final Adoption

6b(1) ORD. NO. 26162 – Adds Section 20.08.109 to the San José Municipal Code to provide a maximum height exception for wireless and building mounted wireless communication antenna, amends Section 20.04.693 to amend the definition of “wireless communication antenna, building mounted” and amends Sections 20.24.150 and 20.24.260 to make technical corrections.

Documents filed: Proof of publication of title of Ordinance No. 26162, dated August 4, 2000, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26162 adopted. Vote: 10-0-0-0-1. Vacant: District 4.

Plans and Specifications

6d(1) TRACT NO. 9279 – Blossom Hill Road near Cahalan Avenue – Kaufman and Broad South Bay, Inc. (Developer) – 51 single family detached residential units. Approval of a parkland agreement and adoption of resolutions approving the plans, final map, and contract for Tract No. 9279. CEQA: ND. District 10. (Public Works)

Documents filed: None.

Discussion/Action: This item was deferred to August 15, 2000.

Contracts/Agreements

6e(1) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1999-2000 #4, 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 1, 2000, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List No. 4 was approved and the Director of General Services was authorized to execute the purchase orders. Vote:
10-0-0-0-1. Vacant: District 4.

6e(2) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with The Rome Group to develop a Public Art Master Plan for the San José International Airport, in an amount not to exceed $75,000. (Conventions, Arts and Entertainment)

Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated July 19, 2000, recommending adoption of said resolution.

Discussion/Action: Council Member Chavez suggested including in the next phase of research and study consideration of the possibility of having an art exhibit space at the airport. Resolution No. 69818, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with The Rome Group in an Amount Not to Exceed $75,000 for the Development of an Airport Public Art Master Plan”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

Routine Legislation

6f(1) (a) Approval of an ordinance amending Title 1 of the San José Municipal Code to set forth general provisions for the payment of financial obligations to the City, amending Titles 4 and 9 of the San José Municipal Code to standardize the penalties and interest applicable to the late payment of the Utility Users Tax, Disposal Facility Tax, Transient Occupancy Taxes, and Solid Waste Enforcement Fee, and amending Title 4 of the San José Municipal Code to permit certain service suppliers to remit the Utility Users Tax to the City on a quarterly basis and to make technical changes clarifying the administration of the tax.

(b) Adoption of a resolution amending Resolution No. 69650, the 2000-2001 Schedule of Fees and Charges, to standardize the monthly interest rate applicable to the late payment of all recurring monthly tax payments, the Solid Waste Enforcement Fee, and other general financial obligations in which an interest rate is not otherwise specified.

(City Attorney’s Office)

Documents filed: Memorandum from City Attorney Richard Doyle, dated August 2, 2000, recommending approval of said ordinance to amend the San José Municipal Code, and adoption of a resolution to amend the Schedule of Fees and Charges, as specified therein.

Discussion/Action: Ordinance No. 26171, entitled: “An Ordinance of the City of San José Amending the San José Municipal Code as Follows: (a) Amending Chapter 1.17 of Title 1 to Add Generally Applicable, Standard Provisions for the Payment of Obligations to the City of San José, (b) Amending Chapters 4.68, 4.72, 4.74 and 4.78 of Title 4 and Chapter 9.10 of Title 9 to Standardize Both the First and Second Late Payment Penalties at 10% of the Obligation, to Provide that Interest Accruing on Delinquent Obligations and Penalties is in the Amount Set Forth in the Schedule of Fees and Charges, and to Standardize the Provision Authorizing a 25% Penalty for Non-Payment Due to Fraud, and (c) Amending Chapter 4.68 of Title 4 to Allow a Service Supplier or Service User Remitting Less than $100,000 a Year in Taxes to Pay Quarterly Instead of Monthly, and to Make a Number of Technical Changes Clarifying the Provisions so that they Reflect the Way the Tax has Historically Been Administered”, was passed for publication; and Resolution No. 69819, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69650, the Schedule of Fees and Charges for Fiscal Year 2000-2001, to Establish a Standard Interest Rate Applicable to the Delinquent Payment of Certain Financial Obligations to the City”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

6f(2) Approval of travel calendar for City Auditor Gerald A. Silva for the period of July 1, 2000 to September 30, 2000. (City Auditor)

Documents filed: Memorandum from City Auditor Gerald A. Silva, dated July 24, 2000, requesting approval of said travel calendar.

Discussion/Action: The travel calendar for City Auditor Gerald A. Silva for the period of July 1, 2000 to September 30, 2000 was approved. Vote: 10-0-0-0-1. Vacant: District 4.

6f(3) Adoption of a resolution accepting a $57,000 donation from the Happy Hollow Corporation for the renovation of the Jaguar Exhibit at Happy Hollow Park & Zoo. (Conventions, Arts and Entertainment)

Documents filed: None.

Discussion/Action: This item was deferred to August 22, 2000.

6f(4) Adoption of a resolution to amend Resolution Number 51872, Exhibit 99 to create the classification of Physician (1441). (Human Resources)

Documents filed: Memorandum from Director of Human Resources, Nona Tobin, dated July 19, 2000, recommending adoption of said resolution.

Discussion/Action: Resolution No. 69820, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 51872 and the City of San José Pay Plan to Create the Class of Physician (1441) Effective August 8, 2000”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

6f(5) Approval of Council Member Powers’ travel to Stamford, Connecticut and Chicago, Illinois, from August 28-30, 2000, for an on site due diligence visit. Funding: Police and Fire Retirement Board. (Powers)

(Rules Committee referral 8/2/00)

Documents filed: None.

Discussion/Action: Council Member Powers’ travel to Stamford, Connecticut and Chicago, Illinois, from August 28-30, 2000, for an on site due diligence visit, was approved. Vote: 10-0-0-0-1. Vacant: District 4.

6f(6) Approval of Council Member Diaz’s travel to Denver, Colorado, from June 22-25, 2000, to attend the NALEO Annual Conference. Funding: District 5. (Diaz)

(Rules Committee referral 8/2/00)

Documents filed: None.

Discussion/Action: Council Member Diaz’ travel to Denver, Colorado, from June 22-25, 2000, to attend the NALEO Annual Conference, was approved. Vote: 10-0-0-0-1. Vacant: District 4.

END OF CONSENT CALENDAR

6e(3) Adoption of a resolution finding that the repair of a sanitary sewer line near the area of Boulder Drive near Claitor Way and the expenditure of funds for the repair are of urgent necessity for the preservation of life, health, and property, waiving formal bidding requirements for the award of the contract for the project, as authorized by Section 1217 of the City Charter, and ratifying the award of the contract for Boulder Drive Sanitary Sewer Emergency Repair to RGW Construction, Inc., in an amount not to exceed $293,970, and approval of a contingency in the amount of $60,000. CEQA: Exempt. (Public Works)

(Rules Committee referral 8/2/00)

Documents filed: (1) Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated August 1, 2000, reporting on an award of a Public Works contract that was required as a matter of urgent necessity to repair a sanitary sewer line and recom-mending adoption of said resolution. (2) Supplemental memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 7, 2000, stating subject project is in Council District 4 and not in District 8 as stated in the August 1, 2000 Staff report.

Discussion/Action: Director of Public Works, Ralph A. Qualls, Jr., stated this request is for ratification of an emergency repair contract that was awarded in the face of the emergency, and because the item requires eight votes for approval and should be removed from the Consent Calendar to be voted on separately. Upon motion by Vice Mayor Fiscalini, seconded Council Member Shirakawa, Jr., Resolution No. 69821, entitled: “A Resolution of the Council of the City of San José Waiving the Bidding Requirements of the City Charter as Authorized by Section 1217 for the Boulder Drive Sanitary Sewer Emergency Repair Project and Ratifying the Award of Contract to RGW Construction, Inc., in the Amount of $293,970 with a Contingency of $60,000”, was adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

GENERAL GOVERNMENT

9a Adoption of a resolution ordering the submission of two (2) measures to the general election to be held on November 7, 2000, authorizing the issuance of general obligation bonds as follows:

(1) San José Neighborhood Libraries Bonds in the maximum principal amount of $211,790,000;

(2) San José Safe Neighborhood Parks and Recreation Bonds in the maximum principal amount of $228,030,000.

(City Manager’s Office)

Documents filed: Memorandum from City Manager, Del D. Borgsdorf, dated August 4, 2000, recommending adoption of said resolution.

Discussion/Action: Principal Budget Analyst Richard J. Desmond stated the Staff report and the Agenda should include the word “Parks” in Item 9a(2) and should read: San José Safe Neighborhood Parks and Recreation Bonds. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Powers, and unanimously carried, Resolution No. 69822, entitled: “A Resolution of the Council of the City of San José Ordering, on its Own Motion, the Submission to the Electors of the City of San José, at the General Municipal Election to be Held on November 7, 2000, Two Measures Calling for the Issuance of General Obligation Bonds for the Acquisition, Construction and Completion of Certain Municipal Improvements in the City of San José”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

9b Adoption of a resolution authorizing the City Manager to negotiate and execute Homework Center grant agreements with school districts and community-based organizations for the period August 1, 2000 to December 31, 2001, in a total amount not to exceed $2,765,000. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated July 19, 2000, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, Resolution No. 69823, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Homework Center Grant Agreements with School Districts and Community-Based Organizations in an Amount Not to Exceed $2,765,000 for the Period August 1, 2000, Through December 31, 2001”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

9c (1) (a) Report on bids, relieve the low bidder, West Bay Builders, Inc., of its bid without forfeiture of its bid security, award of contract for the Tuers-Capitol Golf Course to the lowest responsive bidder, Granite Construction, Inc., to include the base bid and Add Alternate Nos. 1, 3, and 4 in the amount of $14,178,900, and approval of a contingency in the amount of $475,000.

(b) Adoption of a resolution:

(1) Authorizing the Director of Public Works to issue individual change orders for the Project in an amount not to exceed $141,789, and subject to the condition that the aggregate of all such change orders for the Project shall not exceed the contingency amount of $475,000 for the Project.

(2) Requiring the Director of Public Works to report to the City Council within sixty (60) days of issuance of any change order approved by the Director, which describes the scope, dollar value, and reason for the change order.

(Public Works)

(2) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement for consultant services with Gary Heinbuch doing business as Heinbuch Golf Construction to provide construction management services for the Tuers-Capitol Golf Course Project, for a term from the date of execution through June 30, 2002, in the amount of $497,000, and $28,000 for additional services, for a total agreement amount of $525,000. (Public Works)

(3) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement for consultant services with JMP Golf Design Group for architectural services during construction of the Tuers-Capitol Golf Course for a term from date of execution through June 30, 2002, in the amount of $327,000, and $63,000 for additional services, for a total agreement amount of $390,000. (Public Works)

(4) Adoption of appropriation ordinance and funding sources resolution amendments in the Municipal Golf Course Fund for the Tuers Golf Course Project in the amount of $130,200. (City Manager’s Office)

Documents filed: (1) Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated August 1, 2000, recommending approval to (a) relieve the low bidder, West
Bay Builders, Inc. of its bid without forfeiture of its bid security, (b) award of said contract for the Tuers-Capitol Golf Course to the lowest responsive bidder, Granite Construction, Inc., with said contingency; (c) adoption of a resolution authorizing the Director of Public Works to issue certain individual change orders for the project, and requiring the Director of Public Works to report to the City Council within sixty (60) days of issuance of any change order approved by the Director; and (d) adoption of resolutions authorizing the City Manager to negotiate and execute said agreements for consultant services with Gary Heinbuch doing business as Heinbuch Golf Construction and with JMP Golf Design Group. (2) Memorandum from Budget Director Larry D. Lisenbee, dated August 2, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: Council Member Dando stated concerns expressed previously in connection with the proposed golf course pertaining to her suggestion to offer lower rates for seniors and youth to encourage their use of the course. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Powers, and unanimously carried, Resolution No. 69824, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Public Works to Issue Individual Change Orders for the Tuers-Capitol Golf Course Project in an Amount Not to Exceed $141,789, Subject to the Condition that the Aggregate of All Such Change Orders for the Project Shall Not Exceed the Contingency Amount of $475,000 for the Project, and Requiring the Director of Public Works to Report to the City Council Within Sixty (60) Days of Issuance of any Change Order Approved by the Director”; Resolution No. 69825, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Gary Heinbuch Doing Business as Heinbuch Golf Construction for Construction Management Services for the Tuers-Capitol Golf Course in an Amount Not to Exceed $497,000 for Basic Services Plus $28,000 for Additional Services for a Total Agreement Amount Not to Exceed $525,000, Over a Period Commencing on the Date of Execution of the Agreement and Ending on June 30, 2002”; Resolution No. 69826, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with JMP Golf Design Group for Architectural Services During Construction of the Tuers-Capitol Golf Course in an Amount Not to Exceed $327,000 for Basic Services Plus $63,000 for Additional Services for a Total Agreement Amount Not to Exceed $390,000, Over a Period Commencing on the Date of Execution of the Agreement and Ending on June 30, 2002”; Ordinance No. 26172, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Municipal Golf Course Fund in the Amount of $130,200 for the Tuers Golf Course Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69827, 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 Municipal Golf Course Fund”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.

9d Report on bids and award of contract for the Paver Placed Surface Seal 2000 Project to the low bidder, O’Grady Paving, Inc., in the amount of $1,196,500. CEQA: Exempt. (Streets and Traffic)

Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated July 19, 2000, recommending award of said contract to the low bidder, O’Grady Paving, Inc.

Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, unanimously carried, the award of said contract to the low bidder, O’Grady Paving, Inc., was approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 4.

9e (1) Approval of the Chief Local Elected Official’s (CLEO) appointments for additional business members to the San José Silicon Valley Workforce Investment Board who shall serve for an initial tenure of two (2) years, and

(2) Approval of the Chief Local Elected Official’s (CLEO) appointments to the San José Silicon Valley Workforce Investment Area’s Youth Council who shall serve for an initial tenure of two (2) years.

(Economic Development)

(Rules Committee referral 8/2/00)

Documents filed: Memorandum from the Director of Economic Development, Leslie S. Parks, dated August 1, 2000, recommending appointments to the San José Silicon Valley Workforce Investment Board and to the San José Silicon Valley Workforce Investment Area’s Youth Council.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz, and unanimously carried, the business member appointments recommended by the Chief Local Elected Official for the San José Silicon Valley Workforce Investment Board to serve for an initial tenure of two (2) years, and the recommended appointments to San José Silicon Valley Workforce Investment Area’s Youth Council to serve for an initial tenure of two (2) years, were approved. Vote: 10-0-0-0-1. Vacant: District 4.

FISCAL AFFAIRS

10a Adoption of a resolution amending Resolution No. 68721, the Master Parking Rate Resolution, to establish monthly and/or incremental parking rates at the following City-operated facilities:

(1) Block 3 Surface Lot.

(2) Block 8 Surface Lot.

(3) Oasis Surface Lot.

(4) Market/Balbach Surface Lot.

(Streets and Traffic)

Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated July 19, 2000, recommending adoption of said resolution.

Documents filed: Council Member Chavez requested stated there are unresolved issues about Item 4 pertaining to the appropriate level of commitment the City should make to the neighborhoods and her office will continue discussions with the Department of Streets and Traffic until the issue is resolved and the item brought back to Council. Upon motion by Council Member Chavez, seconded by Council Member Fiscalini, and unanimously carried, Items 1, 2 and 3 were approved, Item 4 was deferred to August 22, 2000, and Resolution No. 69828, 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. 68721”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

ADJOURNMENT

The Council of the City of San José adjourned at 2:02 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN

CITY CLERK