The Council of the
City of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers
at City Hall.
Present: Council
Members: Diquisto, Fiscalini, LeZotte,
Powers, Shirakawa Jr.; Gonzales
Absent: Council Members: Chavez, Dando, Diaz, Woody
Vacant: District 4
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) to confer with Legal Counsel regarding anticipated litigation of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code; and (B) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Alex Gurza, and the San José Police Officers’ Association and the International Association of Firefighters Employee Organizations.
By unanimous consent,
Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened
at 1:37 p.m. in Council Chambers, City Hall.
Present: Council Members: Dando,
Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa Jr., Woody (entered
Chambers at 1:50 p.m.); Gonzales
Absent: Council Members: Chavez
(excused).
Vacant: District
4
Jeff Heard, Rohi Alternatives, delivered the
invocation. (District 8)
Mayor Gonzales led in the Pledge of
Allegiance.
ORDERS OF THE DAY
Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
CEREMONIAL ITEMS
5c Presentation
of Keep California Beautiful (KCB) Awards by KCB President Barry Edwards and
Executive Director Marlene Mariani to members of the San José Beautiful
Steering Committee. (Parks, Recreation
and Neighborhood Services)
(Deferred
from 8/29/00 – Item 5a)
Documents Filed: None.
Discussion/Action: This item was deferred to September 19,
2000.
5d Presentation of a
commendation to Robert Pfahnl for 15 years of service to San José
Beautiful. (Parks, Recreation and
Neighborhood Services)
(Deferred from 8/29/00 – Item 5b)
Documents Filed: None.
Discussion/Action: This item was deferred to September 19,
2000.
CONSENT CALENDAR
Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
Ordinances for Final Adoption
6b(1) ORD. NO. 26187 –
Adds Section 23.02.1327 to Chapter 23.02 of Title 23 of the San José Municipal
Code and amends various Sections of Chapter 23.04 to implement certain
recommendations of the Signage Advisory Committee.
Documents Filed: Proof
of publication of the title of Ordinance No. 26187 executed on August 29, 2000,
submitted by the City Clerk.
Discussion/Action: Ordinance No. 26187 was adopted. Vote:
8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6b(2) ORD. NO. 26178 –
Rezones certain real property situated on the east side of Cypress Avenue, 40
feet northerly of Olsen Drive. PDC
98-09-069
[Deferred from 8/29/00 – Item 6b(1)]
Documents Filed: William J. Garbett spoke against the proposed
action. Proof of publication of the title
of Ordinance No. 26178 executed on August 22, 2000, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26178 was adopted. Vote:
8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6b(3) ORD. NO. 26179 -
Rezones certain real property situated on the northwest corner of Almaden
Expressway and Highway 85. PDCSH
99-11-092
[Deferred from 8/29/00 – Item 6b(2)]
Documents Filed: Proof
of publication of the title of Ordinance No. 26179 executed on August 22, 2000,
submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the
proposed action. Ordinance No. 26179 was adopted. Vote: 8-0-2-0-1. Absent:
Chavez, Woody. Vacant: District 4.
6b(4) ORD. NO. 26180 -
Rezones certain real property situated on the northwest corner of San Felipe
Road and Keaton Loop. PDC 99-10-084
[Deferred from 8/29/00 – Item 6b(3)]
Documents Filed: Proof
of publication of the title of Ordinance No. 26180 executed on August 22, 2000,
submitted by the City Clerk.
Discussion/Action: Ordinance No. 26180 was adopted. Vote:
8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6b(5) ORD. NO. 26181 -
Rezones certain real property situated on the north side of Curtner Avenue, 90
feet easterly of Salerno Drive. PDC 99-09-077
[Deferred from 8/29/00 – Item 6b(4)]
Documents Filed: Proof
of publication of the title of Ordinance No. 26181 executed on August 22, 2000,
submitted by the City Clerk.
Discussion/Action: Ordinance No. 26181 was adopted. Vote:
8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6b(6) ORD. NO. 26182 -
Rezones certain real property situated on the northeast corner of Parkmoor
Avenue and Meridian Avenue. C 00-07-058
[Deferred from 8/29/00 – Item 6b(5)]
Documents Filed: Proof
of publication of the title of Ordinance No. 26182 executed on August 22, 2000,
submitted by the City Clerk.
Discussion/Action: Ordinance No. 26182 was adopted. Vote:
8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6d(1) TRACT NO. 9265
– Northwest corner of Almaden Expressway and Rajkovich Way – Viking Development
(Developer) – 6 single family detached residential units. Approval and adoption
of resolutions approving the plans, final map, and contract for Tract No. 9265.
CEQA: ND. District 10. (Public Works)
[Deferred from 8/29/00 – Item 6d(1)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 16, 2000, recommending Council adopt said
resolutions for Tract No. 9265.
Discussion/Action: Resolution No. 69857, 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. 9265”; Resolution No.
69858, entitled: “A Resolution of the Council of the City of San José Approving
and Accepting Final Map of Tract No. 9265”; and Resolution No. 69859, 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. 9265”, were adopted. Vote: 8-0-2-0-1. Absent: Chavez,
Woody. 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)
[Deferred from 8/22/00 – Item 6d(2) and
8/29/00 – Item 6d(2)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 16, 2000, recommending Council adopt said
resolutions for Tract No. 9240.
Discussion/Action: Resolution No. 69860, 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. 9240”; Resolution No.
69861, entitled: “A Resolution of the Council of the City of San José Approving
and Accepting Final Map of Tract No. 9240”; Resolution No. 69862, 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. 9240”; and
Resolution No. 69863, 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. 9240”, were adopted. Vote: 8-0-2-0-1. Absent: Chavez,
Woody. Vacant: District 4.
6d(3) TRACT NO. 9089
- Nob Hill Drive cross Fleming Avenue - Uptrend Development Group, Inc. (Developer) - 5 single family dwelling
residential units. Adoption of resolutions approving the plans, final map, and
contract for Tract No. 9089. CEQA: ND. District 5. (Public Works)
[Deferred from 8/29/00 – Item 6d(3)]
Documents Filed: None.
Discussion/Action: This item was deferred to September 12,
2000.
Contracts/Agreements
6e(1) (a) Adoption of a resolution
authorizing the City Manager to negotiate and execute a grant agreement with
the Department of Energy to conduct Green Building and Million Solar Roofs
Program activities, to accept a grant in an amount not to exceed $46,695, for a
total program cost not to exceed $97,875, including the value of in-kind
services to be provided by other agencies, for the term retroactive to July 1,
2000, and through December 31, 2001.
(b) Adoption of related appropriation
ordinance and funding sources resolution amendments in the General Fund to
appropriate the grant funds of $46,695 to the Environmental Services Department.
(City
Manager's Office/Environmental Services)
Documents Filed: Memorandum from Director of Environmental
Services Carl W. Mosher, and Budget Director Larry D. Lisenbee, dated August
31, 2000, recommending Council adopt said resolution and appropriation
ordinance and funding source resolution amendments in the General Fund.
Discussion/Action: Resolution No. 69864, entitled: “A
Resolution of the Council of the City of San José Authorizing the City Manager
to Negotiate and Execute an Agreement With the United States Department of
Energy to Accept a Grant in an Amount Not to Exceed $46,695 for the Period July
1, 2000, Through December 31, 2001, for the Enhanced Financing Opportunities –
Buildings for the 21st Century Project”; Ordinance No. 26188, entitled: “An Ordinance of the City of San José
Amending Ordinance No. 26141 Which Appropriates Moneys in the General Fund in
the Amount of $46,695 to the Environmental Services Department for Expenses
Related to a Green Building Program Grant, and Providing That This Ordinance
Shall Become Effective Immediately Upon Adoption”; and Resolution No.
69865, 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 Increase Revenues in the General Fund From the Federal
Government in the Amount of $46,695”, were adopted. Vote: 8-0-2-0-1. Absent:
Chavez, Woody. Vacant: District 4.
6e(2) (a) Approval of the third amendment to the
agreement with the Department of Health and Human Services for the San José
Metropolitan Medical Task Force, increasing the compensation by $30,000, from
$550,000 to $580,000, and extending the term of the agreement from 31 months to
43 months.
(b) Adoption of related appropriation ordinance
and funding sources resolution amendments in the General Fund.
(City
Manager’s Office/Emergency Services)
Documents Filed: Memorandum from
Budget Director Larry D. Lisenbee, and Director of Emergency Services Frances
E. Winslow, dated August 30, 2000, recommending Council approve the amendment
to said agreement and adopt said appropriation ordinance and funding source
resolution amendments in the General Fund.
Discussion/Action: The third amendment
to the agreement with the Department of Health and Human Services was approved
and execution of the amendment authorized; and Ordinance No. 26189, entitled:
“An Ordinance of the City of San José Amending Ordinance No. 26141 Which
Appropriates Moneys in the General Fund in the Amount of $30,000 for the San
José Metropolitan Medical Strike Team; and Providing That This Ordinance Shall
Become Effective Immediately Upon Adoption”; and Resolution No. 69866, 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 Increase Revenues in the General Fund
From the Federal Government in the Amount of $30,000”, were adopted. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant:
District 4.
6e(3) Approval of the second amendment to the grant award
agreement with the State Water Resources Control Board for a proposed
Riparian Restoration Action Plan to extend
the term from December 31, 2000 to June 30, 2001.
(Environmental
Services)
Documents Filed: Memorandum from Director of Environmental
Services, Carl W. Mosher, dated August 16, 2000, recommending Council approve
the amendment to said agreement.
Discussion/Action: The second amendment to the grant award
agreement with the State Water Resources Control Board was approved and
execution of the amendment authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody.
Vacant: District 4.
6e(4) Approval of award
of open purchase orders for supplies, materials, equipment, and services for FY
2000-2001 #9, 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 16, 2000, recommending Council approve
said open purchase orders list, and authorize the Director of General Services
to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No.
9 for FY 2000-2001 was approved and execution of the purchase orders
authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(5) Adoption of a resolution:
(a) Authorizing the City Manager to
negotiate and execute an amended agreement with Law Enforcement Psychological
Services, Inc. to provide a Psychological Services Program for the Police
Department.
(b) Authorizing the City Manager to exercise
a one (1) year option for an annual rate not to exceed $136,185 in year two,
without further City Council action other than the appropriation of
funding.
(Police)
Documents Filed: Memorandum
from Chief of Police William M. Lansdowne, dated August 16, 2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69867, entitled: “A
Resolution of the Council of the City of San José Authorizing the City Manager
to Negotiate and Execute An Amended Agreement With Law Enforcement
Psychological Services, Inc. for a Psychological Services Program For the
Police Department in An Amount Not to Exceed $149,185 for the Period of July 1,
2000 Through June 30, 2001, and Authorizing the City Manager to Exercise a
One-Year Option for Services During Fiscal Year 2001-2002”, was adopted. Vote:
8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(6) Approval
of the amended and restated agreement with local law enforcement agencies to
provide access to the California Identification System (CAL-ID). (Police)
Documents Filed: Memorandum
from Chief of Police William M. Lansdowne, dated August 16, 2000, recommending Council approve said
agreement.
Discussion/Action: The amended and restated agreement with
local law enforcement agencies was approved and execution of the agreement
authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(7) Report on bids and award of contract for the Sophist Drive
Storm-Drain Improvement Project to the low bidder, J. W. Ebert Corp., in the
amount of $190,080, and approval of a contingency in the amount of
$20,000. CEQA: Exempt.
(Public Works)
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 16, 2000, recommending Council accept the bid
report and award said contract to the low bidder, J.W. Ebert Corp, and approve
said contingency.
Discussion/Action: The report on bids was accepted and award
of contract to J.W. Ebert Corp., the low bidder, and the contingency amount,
were approved and execution of the contract authorized. Vote: 8-0-2-0-1.
Absent: Chavez, Woody. Vacant: District 4.
6e(8) Report on bids and award of contract for the Ramblewood Park
Improvements Project to the low bidder, DB Landscape, to include the base bid
and Add Alternate Nos. 1 and 2 in the amount of $92,900, and approval of a
contingency in the amount of $10,000. CEQA: Exempt. (Public Works)
Discussion/Action: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 16, 2000, recommending Council accept the bid
report and award said contract to the low bidder, DB Landscape, including the
base bid, add alternates, and said contingency.
Discussion/Action: The report on bids was accepted and award
of contract to DB Landscape, the low bidder, and the contingency amount, were
approved and execution of the contract authorized. Vote: 8-0-2-0-1. Absent:
Chavez, Woody. Vacant: District 4.
6e(9) (a) Approval
of Contract Change Order No. 1 for the Leininger Community Center Renovation
Project with Frank Surian & Sons, Inc., in the amount of $63,317, for a
total contract amount of $305,841.
CEQA: Exempt.
(Public Works)
(b) Adoption
of appropriation ordinance amendments in the City-wide Construction and
Conveyance Tax Fund increasing the appropriation for the Leininger Center
Renovation Project by $114,000.
(City Manager’s Office)
Documents Filed: (1) Memorandum from Director of Public
Works, Ralph A. Qualls Jr., dated August 16, 2000, recommending Council approve
said change order with Frank Surian & Sons, Inc. (2) Memorandum from Budget
Director, Larry D. Lisenbee, dated August 16, 2000, recommending Council
approve appropriation ordinance amendments in the City-Wide Construction and
Conveyance Tax Fund.
Discussion/Action: Contract Change Order No. 1 with Frank
Surian & Sons, Inc., was approved and its execution authorized; and
Ordinance No. 26190, entitled: “An Ordinance of the City of San José Amending
Ordinance No. 26141 Which Appropriates Moneys in the City-Wide Construction and
Conveyance Tax Fund in the Amount of $114,000 for the Leininger Center
Renovation Project; and Providing That This Ordinance Shall Become Effective
Immediately Upon Adoption”, was adopted. Vote: 8-0-2-0-1. Absent: Chavez,
Woody. Vacant: District 4.
6e(10) Approval of an
agreement with the Hispanic Chamber of Commerce to provide business services
for the period July 1, 2000 to June 30, 2001, in an amount not to exceed
$126,500. (Economic Development)
[Deferred from 8/29/00 – Item 6e(1)]
Documents Filed:
Memorandum from Director of Economic Development, Leslie S. Parks, dated
August 9, 2000, recommending Council approve said agreement.
Discussion/Action: The agreement with the Hispanic Chamber of
Commerce was approved and its execution authorized. Vote: 8-0-2-0-1. Absent:
Chavez, Woody. Vacant: District 4.
6e(11) Approval of a first amendment to the
agreement with Community Foundation Silicon Valley expanding the administration
of the City’s Watershed Grant Program Donor-Advised Fund to include the Youth
Watershed Education Grant Program and increasing the funding by $50,000, from
$250,000 to $300,000, for the period July 1, 2000 to June 30, 2001. (Environmental Services)
[Deferred from 8/29/00 – Item 6e(2)]
Documents Filed: (1) Memorandum from Director of
Environmental Services, Carl W. Mosher, dated August 9, 2000, recommending
Council approve the amendment to said agreement. (2) Supplemental report from
San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory
Committee Chairperson, Bob Livengood, dated August 11, 2000, recommending
approval of award of said construction agreement.
Discussion/Action: The first amendment to the agreement with
Community Foundation Silicon Valley was approved and execution of the amendment
authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(12) Approval of award of open purchase
orders for supplies, materials, equipment, and services for FY 2000-2001 #8,
and authorization for the Director of General Services to execute the purchase
orders. (General Services)
[Deferred from 8/29/00 – Item 6e(3)]
Documents Filed: Memorandum from Director of General
Services, Steve S. Yoshino, dated August 9, 2000, recommending Council approve
said open purchase orders list, and authorize the Director of General Services
to execute the purchase orders.
Discussion/Action: The award of open purchase orders List No.
8 for FY 2000-2001 was approved and execution of the purchase orders
authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(13) Approval of a sole source purchase
with PC Pros, Inc. for a forensic image tracking and processing system for the
Police Department’s CAL-ID Project in the amount of $94,151.52, including sales
tax, installation, and training and authorization for the Director of General
Services to execute the purchase order.
(General Services)
[Deferred from 8/29/00 – Item 6e(4)]
Documents Filed: Memorandum from Director of General
Services, Steve S. Yoshino, dated August 9, 2000, recommending Council award
said purchase to PC Pros, Inc., as a sole source purchase pursuant to Section
4.12.020.0 of the San José Municipal Code, and authorize the Director of
General Services to execute the purchase order.
Discussion/Action: The award of the purchase to PC Pros, Inc.,
as a sole source purchase, was approved and execution of the purchase order
authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(14) Approval of a second amendment to
the agreement with Group 4/Architecture, Research and Planning, Inc., to expand
the community outreach section and add a research component to the scope of
services for Phase III of the Branch Facilities Master Plan and increase
compensation by $62,500, from $255,000 to $317,500. (Library)
[Deferred from 8/29/00 – Item 6e(5)]
Documents Filed: Memorandum from
City Librarian, Jane Light, dated August 9, 2000, recommending Council
approve the amendment to said agreement.
Discussion/Action: The second amendment to the agreement with
Group 4/Architecture, Research and Planning, Inc. was approved and execution of
the amendment authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant:
District 4.
6e(15) Approval of a
consultant agreement with Korve Engineering Inc. to prepare a Project Study
Report for upgrading the Route 880/Stevens Creek Boulevard interchange in an
amount not to exceed $275,000. (Public
Works)
[Deferred from 8/29/00 – Item 6e(6)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 9, 2000, recommending Council approve said
consultant services agreement.
Discussion/Action: The consultant services agreement with
Korve Engineering, Inc., was approved and execution of the agreement
authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(16) Approval of an agreement for
consultant services with Geographic Resource Solutions to upgrade the City
Parcel Data for the period September 1, 2000 to March 1, 2001, in an amount not
to exceed $120,000. (Public Works)
[Deferred from 8/29/00 – Item 6e(7)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 9, 2000, recommending Council approve said
consultant services agreement.
Discussion/Action: The consultant services agreement with
Geographic Resource Solutions was approved and execution of the agreement
authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(17) Report on bids and award of contract for the
Camden Community Center Parking Expansion Project to the low bidder, Silicon Valley
Paving, in the amount of $220,957, and approval of a contingency in the amount
of $22,000. CEQA: Exempt.
(Public Works)
[Deferred from 8/29/00 – Item 6e(8)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 9, 2000, recommending Council accept the bid
report and award said contract to the low bidder, Silicon Valley Paving, and
approve said contingency.
Discussion/Action: The report on bids was accepted and award
of contract to Silicon Valley paving, the low bidder, and the contingency
amount, were approved and execution of the contract authorized. Vote:
8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(18) Report on bids and award of contract for the
Jaguar Habitat Enclosure at Happy Hollow Zoo to the low bidder, Dempsey
Construction, Inc., in the amount of $185,000, and approval of a contingency in
the amount of $20,000. CEQA: Exempt.
(Public Works)
[Deferred from 8/29/00 – Item 6e(9)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 9, 2000, recommending Council accept the bid
report, award said contract to the low bidder, Dempsey Construction, Inc., and
approve said contingency.
Discussion/Action: The report on bids was accepted and award
of contract to Dempsey Construction, Inc., the low bidder, and the contingency
amount, were approved.
Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6e(19) Approval of a
consultant agreement with Moore Iacofano Goltsman, Inc., for design services for
the Lincoln Glen Park Play-for-All Project, for the period August 29, 2000 to
August 31, 2001, in an amount not to exceed $67,500. Public Works)
[Deferred from 8/29/00 – Item 6e(10)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 16, 2000, noting the reason for addendum and
recommending Council approve said consultant services agreement.
Discussion/Action: The consultant services agreement with
Moore-Iacofano Goltsman, Inc. was approved and execution of the agreement
authorized. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
Routine Legislation
6f(1) Approval of City Auditor Gerald Silva’s travel to Reno,
Nevada, October 4-6, 2000, to attend the Western Intergovernmental Audit Forum
and to Las Vegas, Nevada, October 23-25, 2000, to attend the AICPA 2000
National Governmental and Not-For-Profit Training Program, at a total estimated
cost to the City of $512. Funding: Non-personal budget. (City Auditor)
Documents Filed: Letter from City Auditor, Gerald A. Silva,
dated August 21, 2000, requesting the City Council approve said travel
calendar.
Discussion/Action: The travel for the City Auditor, Gerald
Silva, was approved.
Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6f(2) Adoption of appropriation ordinance and funding
sources resolution amendments in the Services for Redevelopment Capital
Projects Fund with a net impact to the fund of $57,859, and in the Construction
Excise Tax Fund with a net impact to the fund of $50,000. (City Manager’s
Office)
Documents Filed: Memorandum from Budget Director, Larry D.
Lisenbee, dated August 16, 2000, recommending Council adopt said appropriation
ordinance and funding sources resolution amendments in the City-Side
Redevelopment Fund and the Construction Excise Tax Fund.
Discussion/Action: Ordinance No. 26191, entitled: “An
Ordinance of the City of San José Amending Ordinance No. 26141 Which
Appropriates Moneys in the Services for Redevelopment Capital Projects Funds in
the Amount of $57,859 for the Graffiti Abatement and Power Washing Project and
the Washington Area Street Improvements Project; and in the Construction Excise
Tax Fund in the Amount of $50,000 for the Cisco: Bailey/101 Interchange; and
Providing That This Ordinance Shall Become Effective Immediately Upon
Adoption”; and Resolution No. 69868, 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 Increase Revenues in the
Services for Redevelopment Capital Projects Fund in the Amount of $57,859; and
in the Construction Excise Tax Fund in the Amount of $50,000”, were adopted.
Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6f(3) Approval of the
creation of 3.0 full-time equivalent (FTE) staff support positions in the
Department of Parks, Recreation and Neighborhood Services for the Workforce
Investment Act’s Youth Employment Program, subject to annual renewal of WIA
funding. (Parks, Recreation and Neighborhood
Services)
Documents Filed: Memorandum from Director of Parks,
Recreation and Neighborhood Services, Mark Linder, dated August 16, 2000,
recommending Council approve the creation of said positions.
Discussion/Action: The creation of the staff support positions
in the Department of Parks, Recreation and Neighborhood Services to support the
WIA Program, were approved. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant:
District 4.
6f(4) Adoption of a resolution authorizing the Director of
Public Works to accept a grant deed for fee title to an 18,750 square foot
strip of real property located on the southern half of Kammerer Avenue, between
McCreery and Sunset Avenues, from the Alum Rock Union Elementary School
District for the purpose of constructing and maintaining frontage improvements
as part of the FY 1999-00 Transportation Development Act for pedestrian and
bicycles. CEQA: Exempt.
(Public Works)
Documents Filed: (1) Supplemental memorandum from Director
of Public Works, Ralph A. Qualls Jr., dated August 31, 2000, correcting the
language in the “Analysis” section of the August 16, 2000 staff memorandum. (2)
Memorandum from Director of Public Works, Ralph A. Qualls Jr., dated August 16,
2000, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 69869, entitled: “A
Resolution of the Council of the City of San José Approving a Donation of
Property to the City of San José From the Alum Rock School District and
Directing the Director of Public Works to Execute All Necessary Documents to
Complete the Transfer”, was adopted. Vote: 8-0-2-0-1. Absent: Chavez, Woody.
Vacant: District 4.
6f(5) Approval of one (1) proposed “City
Event” date, for use of the San José Arena, on September 21, 2000 for the San
José Silicon Valley Chamber of Commerce’s Legends and Leaders, as provided for
in the San José Arena Management Agreement.
(San José Arena Authority)
Documents Filed: (1) Supplemental memorandum from San José
Arena Authority Executive Director Chris Morrisey, dated August 31, 2000,
forwarding the Board’s recommendation to the City Council for consideration.
(2) Memorandum from San José Arena Authority Executive Director Chris Morrisey,
dated August 16, 2000, recommending Council approve said event date.
Discussion/Action: The proposed date as provided for in the
San José Arena Management Agreement was approved. Vote: 8-0-2-0-1. Absent:
Chavez, Woody. Vacant: District 4.
6f(6) Approval of an
ordinance amending Section 2.04.4020 of Chapter 2.04 of Title 2 of the San Jose
Municipal Code to authorize the Chief of Police to issue subpoenas for Citizen
and Departmental Complaint Investigations that are conducted by the San Jose
Police Department Professional Standards and Conduct Unit.
(City Attorney’s Office)
[Deferred from 8/29/00 – Item 6f(1)]
Documents Filed: Memorandum from City Attorney, J. Richard
Doyle, dated August 21, 2000, recommending Council approve said ordinance.
Discussion/Action: William J. Garbett spoke against the
proposed action. Ordinance No. 26192, entitled: “An Ordinance of the City of
San José Amending Section 2.04.4020 of Chapter 2.04 of Title 2 of the San José
Municipal Code to Authorize the Chief of Police to Issue Subpoenas for
Investigations by the San José Police Department Professional Standards and Conduct
Unit of Citizen and Departmental Complaints Against Police Officers”, was
passed for publication. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant:
District 4.
6f(7) Adoption of a
resolution authorizing the City Manager to submit a grant application to the
California Integrated Waste Management Board-Sustainable Buildings Program in
the amount of $85,000, to conduct a program that would provide green building
design assistance for the Strong Neighborhoods Initiative for the period
December 1, 2000 to April 30, 2003, and to execute all documents related to the
application and to accept the grant if awarded. (Environmental Services)
[Deferred from 8/29/00 – Item 6f(2)]
Documents Filed: Memorandum from Director of Environmental
Services, Carl W. Mosher, dated August 9, 2000, recommending Council adopt said
resolution.
Discussion/Action: William J. Garbett spoke against the
proposed action. Resolution No. 69870, entitled: “A Resolution of the Council
of the City of San José Authorizing the City Manager to Submit an Application
for a Grant in an Amount Not to Exceed $85,000 to the California Integrated
Waste Management Board – Sustainable Buildings Program to Conduct a Program to
Provide Green Building Design Assistance for the Strong Neighborhoods Initiative
for the Period December 1, 2000 Through April 30, 2003, and to Accept the Grant
and Execute All Documents Related to the Grant If Awarded”, was adopted. Vote:
8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6f(8) Approval of an
ordinance to amend Section 3.50.130 of Chapter 3.50 of Title 3 of the San José
Municipal Code to clarify that PTC 457 Deferred Compensation Plan members may
elect to have distributions made in installments. (Human Resources)
[Deferred from 8/29/00 – Item 6f(3)]
Documents Filed: Memorandum from Director of Human
Resources, Nona Tobin, dated August 9, 2000, recommending Council approve said
ordinance.
Discussion/Action: Ordinance No. 26193, entitled: “An
Ordinance of the City of San José Amending Section 3.50.130 of Chapter 3.50 of
Title 3 of the San José Municipal Code to Clarify That Members of the PTC 457
Deferred Compensation Plan May Elect to Have Distributions Made in
Installments”, was passed for publication. Vote: 8-0-2-0-1. Absent: Chavez,
Woody. Vacant: District 4.
6f(9) (a) Approval
of the list of major interior naming opportunities for the new Joint Library.
(b) Authorization for the City Manager to
approve specific name designations and any additional naming opportunities
identified during the fund raising campaign.
(Library)
[Deferred from 8/29/00 – Item 6f(4)]
Documents Filed: Memorandum from City Librarian, Jane Light, dated August 9,
2000, recommending Council approve said list and authorize the City Manager to
approve specific name designations.
Discussion/Action: The list of major
interior naming opportunities for the new Joint Library was approved and the
City Manager authorized to approve specific name designations and additional
naming opportunities identified during the fund-raising campaign. Vote: 8-0-2-0-1.
Absent: Chavez, Woody. Vacant: District 4.
6f(10) Acceptance of the Second Quarter
2000 San José Arena Authority Ticket Distribution Program Report. (San José
Arena Authority)
[Deferred from 8/29/00 – Item 6f(5)]
Documents Filed: Memorandum from San José Arena Authority
Executive Director Chris Morrisey, dated August 9, 2000, recommending Council
accept said report.
Discussion/Action: The Second Quarter Report of the San José
Arena Authority Ticket Distribution Program was accepted. Vote: 8-0-2-0-1.
Absent: Chavez, Woody. Vacant: District 4.
6f(11) This item was removed from
the Consent Calendar and considered separately.
6f(12) Approval of the
appointment of Tim Wilson as the Downtown Association Representative to the
Downtown Parking Board. (Mayor)
(Rules Committee referral 8/30/00)
Documents Filed: Memorandum from Mayor Gonzales, dated
August 28, 2000, recommending Council approve said appointment.
Discussion/Action: The appointment of Tim Wilson as the
Downtown Association Representative to the Downtown Parking Board was approved.
Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
6f(11) Adoption of a resolution authorizing
the Director of Public Works to accept dedication of real property from Roland M.
Webb, and Ione Enterprises 2, LLC, 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: EIR Supplemental
Resolution to be adopted. (Public
Works)
[Deferred from 8/29/00 – Item 6f(6)]
Documents Filed: Memorandum from Director of Public Works,
Ralph A. Qualls Jr., dated August 23, 2000, noting the reason for addendum and
recommending Council adopt said resolution.
Discussion/Action: In the absence of Council Member Woody,
Council Member Powers removed this item from the Consent Calendar and read the
following overriding considerations in conjunction with the recommended
approval of the proposed dedication: “The EIR Supplement for this project
identified project near-term visual impacts as significant and unavoidable;
however, implementation of the project will provide specific economic, social,
technological and other benefits that outweigh the unavoidable visual impacts
identified. The project will provide water service for approximately 2,000
homes, 3 schools, parks, lakes and community center in the Evergreen Specific
Plan area and for the 350 acres of Evergreen Campus Industrial area. The water
storage provided by the water tank will provide water for firefighting
purposes. The water tank reservoir also will complete plans for San José
Municipal Water System Division in the Evergreen area, the completion of the
Evergreen Specific Plan, and the Evergreen Campus Industrial areas will provide
housing and jobs in proximity to each other, reduce traffic impacts, and
implement goals and policies of the General Plan. These benefits outweigh the
significant, unavoidable environmental impacts”. Upon motion by Council Member
Powers, seconded by Council Member Diquisto and unanimously carried, Resolution
No. 69871, entitled: “Resolution of the Council of the City of San José Making
Certain Findings Required by the California Environmental Quality Act in
Connection With a Project to Enter Into an Agreement With Investment
Development Services (IDS) to Accept Dedication of Real Property as the Site
for Construction of a 4-Million-Gallon Water Tank in Order to Serve Development
Within Zone 3/4 of the Evergreen Specific Plan Area and the Evergreen Campus Industrial
Area, For Which an Environmental Impact Report has Been Prepared”; and
Resolution No. 69872, entitled: “A Resolution of the Council of the City of San
José Authorizing the Director of Public Works to Execute a Deed of Acceptance
to a Grant Deed From Ione Enterprises 2, LLC, and Roland M. Webb for All
Property Interests Necessary to Construct, Maintain, and Operate the Fowler 3/4
Reservoir to Serve Development Within the Evergreen Specific Plan Area”, were
adopted. Vote: 8-0-2-0-1. Absent: Chavez, Woody. Vacant: District 4.
7b Report of the Rules
Committee - Meeting of August 16, 2000
Documents Filed: Rules Committee Report of August 16, 2000.
(1) Review
August 29, 2000 Draft Agenda
The Committee recommended one
change to the August 29, 2000 City Council Agenda.
(2) Add
New Items to August 22, 2000 Amended Agenda
The Committee recommended one
addition to the August 22, 2000 City Council Agenda.
(3) Meeting
Schedules. Attachment: Memorandum from Council Liaison, Deanna J. Santana,
dated August 8, 2000, recommending approval of the proposed changes to the City
Council meeting schedule for the period of August 2000 through January 2001.
(a) Approve
changes to City Council Meeting Schedule for August through January 2001
The Rules Committee recommended
approval of the addition of evening Council Meetings on November 14, 2000 and
December 12, 2000.
(4) The
Public Record. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn,
dated August 10, 2000, listing the items transmitted to the Administration and
the items filed for the Public Record for the period August 2-8, 2000. (2)
Memorandum from Council Liaison, Deanna J. Santana, dated August 15, 2000,
reporting the actions taken on the items transmitted to the Administration and
filed for the Public Record for the period August 2-8, 2000.
The Committee noted and filed the
Public Record for the period August 2-8, 2000.
(5) 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 23, 2000 Rules Committee Meeting.
(6) Oral
communications
None Presented.
(7) Adjournment
(Deferred from 8/29/00 – Item 7b)
The meeting was adjourned at 2:15 p.m.
Discussion/Action: Upon motion by Vice Mayor Fiscalini,
seconded by Council Member Diaz and unanimously carried, the Rules Committee
Report and actions of August 16, 2000 were accepted. Vote: 8-0-2-0-1. Absent:
Chavez, Woody. Vacant: District 4.
7b Report of the Rules
Committee – Meeting of August 23, 2000
Documents Filed: Rules Committee Report of August 23, 2000.
(1) Review
September 5, 2000 Draft Agenda
The Committee recommended four
additions to the September 5, 2000 City Council Agenda.
(2) Add
New Items to August 29, 2000 Amended Agenda
The Committee recommended five
additions to the August 29, 2000 City Council Agenda.
(3) Meeting
Schedules
None Presented.
(4) The
Public Record. Attachment: (1) Memorandum from City Clerk, Patricia L. O’Hearn,
dated August 17, 2000, listing the items transmitted to the Administration for
the Public Record for the period August 9-15, 2000. (2) Memorandum from Council
Liaison, Deanna J. Santana, dated August 21, 2000, noting disposition of items
transmitted to the Administration for the Public Record for the period August
9-15, 2000. The Committee noted and
filed the Public Record for the period August 9-15, 2000.
(5)