MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, SEPTEMBER 26, 2000

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

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

Absent: Council Members - Woody (excused).

Vacant: District 4.

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Alex Gurza, Employee Organization: San José Police Officers’ Association; (2) City Negotiator: City Manager designee Alex Gurza, Employee Organization: International Association of Firefighters; (3) City Negotiator: City Manager designee Alex Gurza, Employee Organization: Municipal Employees Federation.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10_45 a.m. and reconvened at 1:34 p.m. in the Council Chambers.

Present: Council Members - Chavez, Dando, Diaz (arrived at 1:50 p.m.), Diquisto, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales.

Absent: Council Members - None.

Vacant: District 4.

INVOCATION

Reverend Ken Foreman, Jr., Cathedral of Faith, delivered the Invocation.

(District 8)

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: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

CONSENT CALENDAR

Minutes for Approval

6a(1) Regular Meeting of June 13, 2000

Documents filed: Minutes of June 13, 2000.

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

6a(2) Joint City Council/Redevelopment Agency Board Meeting of June 13, 2000

Documents filed: Minutes of June 13, 2000.

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

6a(3) Regular Meeting of June 20, 2000

Documents filed: Minutes of June 20, 2000.

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

6a(4) Joint City Council/Redevelopment Agency Board Meeting of June 20, 2000

Documents filed: Minutes of June 20, 2000.

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

Contracts/Agreements

6e(1) Approval of a third amendment to the lease agreement with United Parcel Service, Inc. for premises located at 1277 Airport Boulevard and extending the agreement for a month-to-month term through September 30, 2005, with annual revenue to the City totaling $64,185. CEQA: Resolution 67380. (Airport)

Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated September 6, 2000, recommending approval of a third amendment to said agreement with United Parcel Service.

Discussion/Action: The third amendment to said agreement with United Parcel Service was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

6e(2) Report on bids and award of the purchase of two (2) 11,000-pound dump trucks to the low bidder, Melrose Ford, for the Department of Streets and Traffic at a total cost of $88,669.76, including tax, and authorization for the Director of General Services to execute the purchase order for the:

(a) Immediate purchase of two (2) units.

(b) 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.

(General Services)

Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated September 6, 2000, recommending award of said purchase to the low bidder, Melrose Ford.

Discussion/Action: The award of said purchase to the low bidder, Melrose Ford, 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) Adoption of a resolution authorizing the City Manager to negotiate and execute a fifth amendment to the agreement with the County of Santa Clara for the abatement of weeds, to allow the County to increase the program fees to 150% of the weed abatement contractor’s costs to cover increased administrative costs of the program. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated September 6, 2000, recommending adoption of said resolution.

Discussion/Action: Council Member Dando expressed concerns about the need for a coordinated effort in having weeds removed in problem areas rather than having to repeatedly call the County for remediation efforts. Council Member Diquisto stressed the need for priority service in areas which have the potential of triggering major wild fires. William J. Garbett spoke in opposition to the proposal. Resolution No. 69909, entitled: “A Resolution of the Council of the City of San José Delegating to the City Manager the Authority to Negotiate and Execute a Fifth Amendment to the Agreement with the County of Santa Clara for the Abatement of Weeds”, was adopted. Vote:
9-0-1-0-1. Absent: Diaz. Vacant: District 4.

6e(4) Report on bids and award of contract for the Hathaway Park Youth Lot Project to the low bidder, Lone Star Landscape, Inc., for the base bid and Add Alternate No. 1 in the amount of $193,565, and approval of a contingency in the amount of $15,000. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 6, 2000, recommending award of said contract to the low bidder, Lone Star Landscape, Inc., and approval of said contingency.

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

6e(5) Report on bids and award of contract for the Meadows Park Improvements Project the low bidder, Lone Star Landscape, Inc., in the amount of $139,825, and approval of a contingency in the amount of $10,000. CEQA: Exempt. (Public Works)

Documents filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 6, 2000, recommending award of said contract to the low bidder, Lone Star Landscape, Inc. (2) Letter from the Meadows Association, dated September 26, 2000, expressing concerns about the proposal.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. The award of said contract to the low bidder, Lone Star Landscape, Inc., and the related contingency, were approved and their execution authorized. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

6e(6) Approval of Contract Change Order No. 5 with Pacific Electric Company for the Street Lights Crackdown 99 Project in the amount of $16,800, for a total contract amount of $213,148.37. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 6, 2000, recommending approval of said Contract Change Order.

Discussion/Action: Contract Change Order No. 5 with Pacific Electric Company for said project was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

6e(7) Adoption of a resolution authorizing the City Manager to negotiate and execute a consultant agreement with URS Greiner Woodward Clyde (URSGWC) for consultant services for the New Civic Center Project for the period September 26, 2000 to December 31, 2002, in the amount of $200,000, and additional services in the amount of $20,000, for a total agreement amount of $220,000. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 6, 2000, recommending adoption of said resolution.

Discussion/Action: Resolution No. 69910, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with URS Greiner Woodward Clyde for Geotechnical Consultant Services for the New Civic Center Project for the Period of September 26, 2000 to December 31, 2002, in an Amount Not to Exceed $220,000’, was adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

6e(8) Adoption of a resolution authorizing the City Manager to negotiate and execute a sublease agreement, with one (1), one-year option, with Earthlink, Incorporated for 14,396 square feet of office space located on the seventh floor of the Horizon Center at 2 North Second Street, for the Public Works Department Transportation Engineering Division, at a rental rate of $57,584 per month during the first year of the lease, increasing to $62,622.60 in the final year of the lease. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 19, 2000, recommending adoption of said resolution.

Discussion/Action: Resolution No. 69911, entitled: “A Resolution of the Council of the City of San José Delegating Authority to the City Manager to Negotiate and Execute a Sublease with Earthlink for Office Space Located at 2 North Second Street”, was adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

6e(9) (a) Approval of the first amendment to the agreement for consultant services with DMG - Maximus, to conduct a study of the Planning, Building and Code Enforcement Department’s development fee program, extend the agreement term through February 23, 2001, and increase compensation by $114,000, from $44,000 to $158,000.

(b) Adoption of appropriation ordinance amendments in the General fund in the amount of $64,000 to Planning, Building and Code Enforcement for a Development Fee Study.

(Planning, Building and Code Enforcement/City Manager's Office)

[Deferred from 9/19/00 – Item 6e(2)]

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, and Budget Director Larry D. Lisenbee, dated August 30, 2000, recommending approval of a first amendment to said agreement with DMG – Maximus, and adoption of said appropriation ordinance amendments.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. The first amendment to said agreement with DMG – Maximus was approved and Ordinance No. 26208, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $64,000, for a Development Fee Study; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

6e(10) Approval of an amendment to the agreement with MPA Design, Inc. for consultant services for the preparation of the South Central Pool Master Plan, extending the term of the agreement from September 30, 2000 to March 31, 2001, at no increase in total compensation. (Public Works)

(Rules Committee referral 9/20/00)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 13, 2000, recommending approval of an amendment to said agreement with MPA Design, Inc.

Discussion/Action: The amendment to said agreement with MPA Design, Inc., was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Diaz. Vacant:
District 4.

END OF CONSENT CALENDAR

COMMISSION, COMMITTEE, AND STANDING REPORTS

7b Report of the Rules Committee – September 13, 2000

Vice Mayor Fiscalini, Chair

Documents filed: Rules Committee report of September 13, 2000.

(1) Review September 26, 2000 Draft Agenda

The Committee approved the September 26, 2000 City Council agenda.

(2) Add New Items to September 19, 2000 Amended Agenda

The Committee recommended three additions to the September 19, 2000 City Council agenda.

(3) Meeting Schedules. Attachment: Memorandum from Council Liaison Deanna J. Santana, dated September 12, 2000, requesting approval to schedule a study session and an evening City Council meeting.

The Rules Committee recommended approval of the following meetings:

a. Study Session on Investing in Results, Milestone #3,

Thursday, October 19, 2000, 9:00 a.m. to 12:00 noon,

at a location to be determined.

b. Evening City Council Session, Tuesday, October 24, 2000,

7:00 p.m.

(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated September 7, 2000, listing the items transmitted to the Administration and those items filed for the Public Record for the period August 30-September 5, 2000. (2) Memorandum from Council Liaison Deanna J. Santana, dated September 12, 2000, summarizing the actions taken on items transmitted to the Administration and filed for the Public Record for the period August 30-September 5, 2000.

The Committee noted and filed the Public Record.

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

(a) Status report on request to add a retiree to the Federated Retirement Board. Attachment: Memorandum from Alex Gurza, Director of Employee Relations, dated September 7, 2000, presenting a status report on the request to add a retiree to the Federated Retirement Board.

The Committee directed Alex Gurza to present another status report to the Rules Committee in October regarding the request to add a retiree to the Federated Retirement Board.

(6) Oral communications

None were presented.

(7) Adjournment

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

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Rules Committee report and actions of September 13, 2000, were accepted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

7c Report of the Finance and Technology Committee – September 13, 2000

Council Member Woody, Chair

Documents filed: Finance and Technology Committee minutes of September 13, 2000.

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

The Committee accepted the Staff report.

(2) Quarterly IT Major Projects Status Report. Attachment: Memorandum from Deputy Director of Information Technology, Jon Walton, dated September 6, 2000, transmitting the Quarterly Major Projects report.

(3) Sales and Business Tax for Quarter ending June 30, 1999

The Committee accepted the Staff report.

(4) Status Report on 100% Business Tax Hardship Refund Program. Attachment: Memorandum from City Auditor Gerald A. Silva, dated August 31, 2000, transmitting said report.

The Committee accepted the Staff report.

(5) Staff Report on the Financing Mechanism for the 4^th and San Fernando Parking Garage. Attachment: Memorandum from Acting Finance Director Mark Burton, Redevelopment Agency Finance Director David Baum, and Streets and Traffic Director Wayne Tanda, dated September 7, 2000, recommending Council authorize Staff to take certain steps to implement a plan of finance for the 4^th & San Fernando Street Parking Garage.

The Committee accepted the Staff recommendations and directed Staff to return to the Finance and Technology Committee with more information prior to seeking City Council approval.

See Item 9d for Council action taken.

(6) Comprehensive Annual Financial Report for Fiscal Year 1999-00. (1) Attach-ment: Memorandum from Acting Director of Finance, Mark Burton, dated September 8, 2000, transmitting the City of San Jose’s Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30, 2000. (2) City of San José’s 84^th Comprehensive Annual Financial Report, prepared by the Finance Department Accounting Division.

The Committee accepted the Staff report.

Discussion/Action: Council Member Woody stated Staff and the independent auditors Macias, Gini & Company, Certified Public Accountants, should be commended for extraordinary efforts associated with the early release of the City of San José’s Comprehensive Annual Financial Report which contains the auditor’s financial statements for Fiscal Year ended June 30, 2000. She introduced Ken Macias, Managing Partner and Founder of the firm selected to conduct the City’s outside financial audit. Mr. Macias presented background on his firm and expressed appreciation for being selected to conduct the audit of the City’s internal accounting control systems and administrative systems for managing state and federal programs. He stated the City’s accounting systems, were audited in accordance with generally accepted audit standards and also in accordance with generally accepted government auditing standards and were found to be reliable and operating as designed, and his firm was able to render a clean opinion on the financial statements as a whole. As one who looks at big governments nationwide, he stated he was particularly impressed with the ability of a City as large as San José to close its books faster than most governments, stated he found City Staff to be committed to improving its performance and issuing financial statements on a timely basis, indicating close coordination between all departments of the City. He stated the management letter, which will accompany the final reports due to the City, will confirm those findings.

(7) Oral petitions

(a) Ross Signorino spoke on the Redevelopment Agency audits.

(b) Bill Garbett spoke on the use of the PeopleSoft software, the financing mechanism for the parking garage and the CAFR.

(8) Adjournment

The meeting was adjourned at 11:35 p.m.

Discussion/Action: Upon motion by Council Member Woody, seconded by Council Member Chavez, and unanimously carried, the Finance and Technology Committee report and actions of September 13, 2000, were accepted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

7d Report of the Economic & Community Development Committee – September 11, 2000 - Council Member Diaz, Chair

Documents filed: Economic and Community Development Committee report of September 11, 2000.

(1) Continue the Discussion on the Remaining Proposed Revisions to the Sign Ordinance

The Committee deferred this item to the October agenda.

(2) FY1999-2000 Convention Center Performance Report. Attachment: Memoran-dum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated August 16, 2000, providing the FY1999-2000 Convention Center Performance Report.

The Committee accepted the report.

(3) 2000 Public Art Workplan Third Quarterly Report. Attachment: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated August 18, 2000, providing the Third Quarter 2000 Public Art Workplan Report.

The Committee accepted the report.

(4) Quarterly Report on Housing Rehabilitation Program. Attachment: Memoran-dum from Director of Housing, Alex Sanchez, dated August 18, 2000, providing the Quarterly Report on Housing Rehabilitation Program for FY1999-2000.

The Committee accepted the report.

(5) Quarterly Report on Activity in the Project Development Program. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated August 18, 2000, providing the 4^th Quarter Report on Activity in the Project Development Program for FY1999-2000.

The Committee accepted the report.

(6) Quarterly Report on the Housing and Homeless Fund Attachment: Memora-dum from Director of Housing, Alex Sanchez, dated August 25, 2000, providing the 4^th Quarter Report on the Housing and Homeless Fund.

The Committee accepted the report.

(7) Report on Residential Seismic Safety Program

The Committee deferred this item to the November agenda.

(8) Update on the Revolving Loan Fund Program – RLF. Attachment: Memoran-dum from the Director of Economic Development, Leslie S. Parks, dated August 31, 2000, providing the Update to the Revolving Loan Fund Program.

The Committee approved the update on the RLF.

(9) Oral petitions

Bill Garbett spoke on the 2000 Public Art Workplan Third Quarterly Report and the Report on Residential Seismic Safety Program.

(10) Adjournment

The meeting was adjourned at 3:15 p.m.

Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, the Economic and Community Development Committee report and actions of September 11, 2000, were accepted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

7e Report of the Transportation and Environment Committee – September 14, 2000

Council Member Powers, Chair

Documents filed: Transportation and Environment Committee report of September 14, 2000.

(1) Consent Calendar

There were no Consent items.

(2) Report on Traffic Level of Service and Neighborhood Livability Issues. Attachment: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 25, 2000, recommending the Committee (a) Discuss the relationship between San José transportation level of service policy and neighborhood livability; and (b) Direct Staff to work with the Task Force established for pedestrian and traffic calming issues to develop items for inclusion in the 2001 General Plan Annual Review.

The Committee recommended scheduling a Smart Growth Workshop, with at least one purpose of the workshop to be to define general terms and objectives for a Workplan for livability.

(3) Oral petitions

None presented.

(4) Adjournment

The meeting was adjourned at 3:00 p.m.

Discussion/Action: Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, the Transportation and Environment Committee report and actions of September 14, 2000, were accepted. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

Council Member Diaz arrived in the Chambers at this point of the meeting.

GENERAL GOVERNMENT

9a Approval of an agreement with Pacific Gas & Electric Company (PG&E) for conversion of overhead facilities to underground facilities, within the combination Rule 20A/In-Lieu Fee (Rule 20B) Underground Utility District at Capitol Avenue (Phase I), in the amount of $994,169. CEQA Resolution No. 69501.1. (Public Works) - (Deferred from 9/12/00 – Item 9a)

Documents filed: Replacement memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 25, 2000, recommending approval of said agreement with Pacific Gas & Electric Company.

Discussion/Action: Cathy Brandhorst spoke in opposition. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando, and unanimously carried, the agreement with Pacific Gas & Electric Company was approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 4.

9b Adoption of a resolution providing for speeding and stop sign traffic enforcement on private roads, specifically for a one-year pilot program at five (5) mobile home parks: Imperial San José, Spanish Cove, Magic Sands, Rancho Santa Teresa, and Monterey Oaks. (City Manager’s Office)

Documents filed: (1) Memorandum from Mayor Gonzales and Council Member Powers, dated September 22, 2000, recommending Council approve the Staff recommendation to adopt a one-year pilot program to allow traffic enforcement on private roads at five mobile home parks to improve safety, reduce speeding, and prevent accidents. (2) Memorandum from Deputy City Manager, Kay Winer, dated September 5, 2000, recommending Council adopt a resolution establishing a one-year pilot program providing for speeding and stop sign traffic enforcement on private roads at five mobile home parks.

Discussion/Action: Deputy City Manager Kay Winer made the Staff presentation, introducing Chief of Police Lansdowne, Larry Moore, Streets and Traffic, and Carl Mitchell from the City Attorney’s Office, who have worked on the proposal. Deputy City Manager Winer stated the recommendation to Council is to adopt a one-year pilot program for traffic enforcement in five mobile home park areas, culminating several years of work with mobile home park owners, the Manufactured Housing Educational Trust organization and with the California Mobile Home Resource and Action Association. She cited four elements which preceded this item coming forward: (1) Determinations by the City Attorney’s Office that the City can take these actions and that they are permitted by the vehicle code under specific conditions and findings that have already been made; (2) Conducting a full professional traffic analysis to establish that the traffic and speed limitations established are justified and defensible. She stated mobile home park owners took the lead and it is hoped that the program can be extended City-wide at some point time; five are participating and have contributed towards the cost of the traffic study, which has been conducted. (3) After the analysis showed full justification for a 15-mile per hour speed limit in the parks, Staff met with park owners who concur that is a reasonable speed to place on the streets of their mobile home parks. She stated Staff will work with Streets and Traffic to ensure the corrective measures are put in place, for example, correct signage at entrances to the parks which are properly installed and meets the standard for enforcement. (4) Actual Enforcement – She stated Police Chief Lansdowne has been working with Staff to determine the level of enforcement, which will be patrolled essentially the same as City streets, and Chief Lansdowne recommends a period of issuing warnings before beginning actual enforcement to ensure that residents and visitors are aware of the program. Speakers: William J. Garbett spoke on opposition. Dave Hennessy, California Mobile Home Research and Action Association, Fran Hirsch, Brandenburg Staedler & Moore, Jorj Tilson, Manufactured Housing Educational Trust, spoke in support of the proposal. Mayor Gonzales thanked Staff for working with the mobile home park residents and owners and Council Member Powers for her role as liaison to the Mobile Home Park Advisory Commission. Council Member Powers stated this proposal has been a long time in coming and because legal issues have now been resolved, she looks forward to see how the pilot program works. Noting there is little the City can do relative to mobile home parks as most matters are state level issues, she stated this is something the City can do which may be of help throughout the State, and thanked those who have worked on the issues. Council Member Dando compared the frustrations that residents of other areas feel about speeding and unsafe streets and stressed the importance of enforcement to prevent similar frustrations from developing in the mobile home parks. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini, and unanimously carried, Resolution No. 69912, entitled: “A Resolution of the Council of the City of San José Approving the Mobile Home Parks Traffic Enforcement pilot Program”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

9c (1) Approval of an ordinance amending Chapter 9.10 of the San José Municipal Code to establish the Construction and Demolition Diversion Deposit Program for specified Construction & Demolition Project categories.

(2) Adoption of a resolution establishing the deposit rates for the Construction and Demolition Diversion Deposit Program.

CEQA: Resolution No. 65459. (Environmental Services)

Documents filed: None.

Discussion/Action: This item was deferred to October 17, 2000.

9d (1) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement among the City, Ross Financial and eBond Trade for financial advisory services related to the financing of the 4^th & San Fernando Street Parking Garage, in an amount not to exceed $85,000, for the period July 17, 2000 to June 30, 2001.

(2) Adoption of a resolution authorizing the City Attorney to negotiate and execute an agreement between the City and Quint & Thimmig for bond counsel services related to the financing of the 4^th & San Fernando Street Parking Garage, in an amount not to exceed $91,000, for the period
July 17, 2000 to June 30, 2001.

[Finance and Technology Committee referral 9/13/00 – Item 7c(5)]

Documents filed: Memorandum from Acting Director of Finance, Mark Burton, dated September 14, 2000, recommending adoption of said resolutions.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 69913, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement by and Among the City, Ross Financial Services and eBond Trade for Financial Services Related to the Fourth and San Fernando Streets Public Parking Garage, in an Amount Not to Exceed $85,000, for the Period July 17, 2000 Through June 30, 2001”; and Resolution No. 69914, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute an Agreement with Quint and Thimmig for Bond Services Related to the Fourth and San Fernando Streets Public Parking Garage in an Amount Not to Exceed $91,000, for the Period July 17, 2000 Through June 30, 2001”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.

9e Approval of the Parque de la Amistad Master Plan. CEQA: Exempt. (Public Works/Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., and Parks, Recreation and Neighborhood Services Director, Mark Linder, dated September 6, 2000, recommending approval of the proposed Parque de la Amistad Master Plan.

Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Fiscalini, and unanimously carried, the Parque de la Amistad Master Plan was approved. Vote: 10-0-0-0-1. Vacant: District 4.

9f Report on bids and award of contract for the Airport Terminal C Asbestos Removal North Ticket Wing Project to the low bidder, Tri-State Restoration, Inc., in the amount of $775,000, and approval of a contingency in the amount of $78,000. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 6, 2000, recommending award of said contract to the low bidder, Tri-State Restoration, Inc.

Discussion/Action: Cathy Brandhorst spoke in opposition. Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the award of contract to the low bidder, Tri-State Restoration, Inc., and the related contingency, were approved and their execution authorized. Vote: 10-0-0-0-1. Vacant: District 4.

9g Public Hearing on the 1999-2000 Consolidated Annual Performance Evaluation Report (CAPER). (Housing)

(Continued from 9/12/00 – Item 9e)

Documents filed: (1) Memoranda from Director of Housing, Alex Sanchez, dated September 5 and 22, 2000, recommending Council approve the 1999-2000 Consolidated Annual Performance Evaluation Report, after holding a public hearing on said issue, and authorize the Director of Housing to submit the approved CAPER to the federal government on or before September 29, 2000 in accordance with federal regulation. (2) Draft Report entitled: City of San José Consolidated Annual Performance Evaluation Report (CAPR) for Fiscal Year 1999-2000.

Discussion/Action: Mayor Gonzales stated the CAPER is a federally mandated document that evaluates the City’s overall progress and performance in meeting the priority activities identified in the Consolidated Plan’s Annual Action Plan. Stating Council will hear final public comments today and then close the 2-week public review and comment period which began on Sept. 12, 2000, for the City of San José’s 1999-2000 Consolidated Annual Performance Evaluation Report, he opened the public hearing. William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Shirakawa, Jr., seconded by Vice Mayor Fiscalini, and unanimously carried, the public hearing was closed, the federal Consolidated Annual Performance and Evaluation Report was approved and the Director of Housing was authorized to submit the approved CAPER to the federal government on or before September 29, 2000 in accordance with federal regulations. Vote: 10-0-0-0-1. Vacant: District 4.

9h Report of League of California Cities Annual Conference and Board Meeting. (Woody) - (Continued from 9/12/00 – Item 9i)

Documents filed: Memorandum from Council Member Woody, Boardmember, League of California Cities, dated September 26, 2000, reporting on the League of California Cities Annual Conference.

Discussion/Action: Council Member Woody reported on her participation of the made a presentation on her report to Council on the League of California Cities Annual Conference Board Meeting. By unanimous consent, Council accepted the report. Vote: 10-0-0-0-1. Vacant: District 4.

9i Approval of the Kelley Park Master Plan Amendment and Vietnamese Cultural Heritage Garden Master Plan. CEQA: Resolution No. 66098. (Public Works/Conventions, Arts and Entertainment)

Documents filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., and Director of Conventions, Arts and Entertainment, Nancy Johnson, dated September 15, 2000, recommending approval of the Kelly Park Master Plan Amendment and Vietnamese Cultural Heritage Garden Master Plan. (2) Report entitled: Kelley Park Master Plan Amendment & Vietnamese Cultural Heritage Garden Master Plan, prepared by the Department of Public Works.

Discussion/Action: Parks, Recreation and Neighborhood Services Director Mark Linder, in a brief Staff report, stated the Parks and Recreation Commission unanimously approved the proposed project. Liam Nguyen, President of the Vietnamese Cultural Heritage Garden, and Chuck Reed, spoke in support of the proposal. Council Member Shirakawa, Jr., stated the site which was selected in the early 1990’s for the Vietnamese Cultural Heritage Garden was not the right site and the search for another site resulted in the proposed location in the Kelley Park. He thanked all individuals involved for their work, especially to Nancy Johnson, Director of Conventions, Arts and Entertainment. Mayor Gonzales stated the proposal presents a great opportunity the celebrate the rich history of the Vietnamese-American community and commended Council Member Shirakawa, Jr. and others for the leadership that has brought the project to this point. Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Diaz, and unanimously carried, the Kelley Park Master Plan Amendment and Vietnamese Cultural Heritage Garden Master Plan. Vote:
10-0-0-0-1. Vacant: District 4.

ORAL COMMUNICATIONS

(1) Cathy Brandhorst spoke on societal issues.

(2) Ross Signorino spoke on cell phone usage.

ADJOURNMENT

The Council of the City of San José adjourned at 2:44 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK