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: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales
Absent: Council Members: Shirakawa Jr. (excused)
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Meza vs. City of San Jose; Star Insurance Company v. City of San Jose, et al.; and City of San Jose v. Morgan Hill Unified School District, et al.; and (B) to confer with Legal Counsel regarding anticipated litigation (1) involving a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code, and (2) involving the initiation of litigation in two matters pursuant to subsection (c) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Williams, Yeager; Gonzales
Absent: Council Members: Shirakawa Jr. (excused)
Father Stout, San José Fire Department Chaplain, delivered the invocation.
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.3 Adoption of a resolution authorizing the City Attorney to negotiate and execute a second amendment to the agreement for consultant services with Spectrum Gaming Group to extend the term of the agreement through September 30, 2002, and to increase the amount of total compensation by $116,692.50, to a total amount not to exceed $210,000. (City Attorney’s Office)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated October 11, 2001, recommending Council adopt a resolution.
Discussion/Action: Resolution No. 70672,
entitled: “A Resolution of the Council of the City of San Jose Authorizing the
City Attorney to Negotiate and Execute a Second Amendment to the Consultant Agreement
with Spectrum Gaming Group to Increase Total Compensation by $116,692.50 for a
Total Not to Exceed $210,000, and to Extend the Term Through September 30,
2002”, was adopted. Vote: 10-0-1-0.
Absent: Shirakawa, Jr.
2.4 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #9, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey dated October 1, 2001, recommending Council approve award of open purchase orders.
Discussion/Action: The award of open purchase orders List No. 9 for FY 2001-2002 was
approved and execution of the purchase orders authorized. Vote: 10-0-1-0.
Absent: Shirakawa, Jr.
2.5 Report on bids and award of contract for The Alameda at Cleaves Improvements Project to the low bidder, Bellicitti & Pellicciotti Construction, in the amount of $251,600, and approval of a contingency in the amount of $25,000. CEQA: Exempt. Council District 6. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 1, 2001, recommending report on bids and award of contract to the low bidder.
Discussion/Action: The award of contract to Bellicitti & Pellicciotti Construction, the low bidder, and the ten percent contingency amount were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.6 Approval of an agreement with Armand and Joan Kunde, husband and wife, and Al Kunde for the purchase of a parcel of land, a right of entry, and a temporary construction easement for property abutting the south side of Colleen Drive, between Evangeline Drive and Shadelands Drive, in the amount of $245,000, and authorization for the Director of Public Works to execute the necessary documents to complete the transaction. CEQA: ND. Council Districts 2, 10. (Public Works)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 1, 2001, recommending approval of the agreement for purchase of a parcel of land, right of entry, and a temporary construction easement.
Discussion/Action: The agreement with Armand
and Joan Kunde, and Al Kunde was approved and execution of the necessary
documents to complete the transaction authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.7 (a) Approval of the guidelines for use of the City and Community Events Program Fund as approved by the Arena Authority Board of Directors.
(City Manager’s Office)
(b) Approval of three proposed City Events, as provided in the San José Management Agreement, for use at the Compaq Center at San José on:
(1) November 6, 2001, for a men’s basketball game featuring Santa Clara University and the Olympic Club.
(2) November 7, 2001, for a San José Sports Hall of Fame Induction Ceremony.
(3) November 14, 2001, for the SharkByte Art Auction, with proceeds benefiting various nonprofit charities.
(San José Arena Authority)
Documents Filed: (1) Memorandum from Executive Director San Jose Arena Authority Board of Directors, Chris Morrisey, dated October 2, 2001, recommending Council approval of three proposed City Event dates. (2) Memorandum from Chair, Community Relations Committee, Henry Cord, dated June 21, 2001, recommending Council approve City and Community Events. (3) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated October 16, 2001, recommending Council approve guidelines for use of the City and Community Events Program Fund.
Discussion/Action: The guidelines for use of the City and Community Events Program Fund and the three proposed City Events, as provided in the San Jose Management Agreement, were approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
2.8 Approval of the San José Arena Authority Board of Directors Compaq Center Management’s Advertising Plan. (San José Arena Authority)
Documents Filed: Memorandum from Executive Director San Jose Arena Authority Board of Directors, Chris Morrisey, dated October 1, 2001, recommending Council approve Compaq Center Management’s Advertising Plan.
Discussion/Action: The San Jose Arena Authority Board’s Advertising Plan was approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
3.2 Report of the Rules Committee - Meeting of October 10, 2001
Documents Filed: Rules Committee Report of the meeting on October 10, 2001.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting.
The Redevelopment Agency items to be reported out at Redevelopment Agency Board meeting.
(b) City Council
(1) Review October 23, 2001 Draft Agenda
The Committee approved the October 23, 2001 City Council agenda with two additions.
(2) Add New Items to October 16, 2001 Amended Agenda
The Committee recommended four additions to the October 16, 2001 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
The Committee recommended one addition to the October
24, 2001 agenda, Proposed 2002-03 Budget Calendar (Manager).
(b) Economic Development and Environment Committee
The Committee recommended one addition to the November 5, 2001 agenda, Annual Report of the First Source Employment Program (Redevelopment Agency).
(c) Education, Neighborhoods, Youth, and Seniors Committee
None Filed.
(d) Meeting Schedules
There were none.
(e) The Public Record
There was no Public Record Filed.
(f) Boards, Commissions and Committees
There were none.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
There were none.
(h) Administrative Reviews and Approval
(1) Approve voting delegate for 2001 National League of Cities Annual Business Meeting
This item was reported at the October 16, 2001 Council meeting.
(i) Oral communications
William Garbett commented on the City Council acting as the Redevelopment Agency Board.
(j) Adjournment
The meeting adjourned at 2:10 p.m.
Discussion/Action Upon motion by Council Member Dando, seconded by Council Member Williams and unanimously carried, the Rules Committee Report and actions of October 10, 2001 were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
3.2 Report of the Rules Committee - Meeting of October 17, 2001 – (Partial)
Documents Filed: Rules Committee report of the meeting on October 17, 2001.
Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee. Attachment: Memorandum from Mayor Gonzales and Council Member Chavez, dated October 16, 2001, recommending the Administration work with cultural organizations and businesses to identify and streamline processes to support new endeavors and to encourage economic activity in San Jose as part of the “Reunite with Friends, Reconnect with San Jose” campaign.
Direct the City Manager to work with cultural organizations and businesses to identify and streamline processes to support new endeavors as part of the “Reunite with Friends, Reconnect with San José” campaign.
The Committee directed Administration to work with cultural organizations and business to identify and streamline processes to support new endeavors and to encourage economic activity in San Jose as part of the “Reunite with Friends, Reconnect with San Jose” campaign which will develop specific action plans no later than October 30, 2001.
Discussion/Action: See Item 4.2 for Council action taken.
3.3 Report of the Finance and Infrastructure Committee – October 10, 2001
Documents Filed: Finance and Infrastructure Committee Report of the meeting on October 10, 2001.
(a) Consent Items. Attachments: (1) Memorandum from Director of Finance, Scott P. Johnson, dated September 25, 2001, transmitting the August 2001 Investment Report. (2) Memorandum from City Auditor, Gerald A. Silva, dated September 28, 2001, submitting a written report of the Office of the City Auditor’s activities for the period of August 16 through September 15, 2001 and schedule of audit costs for August. (3) Memorandum from City Auditor, Gerald A. Silva, dated September 20, 2001, transmitting a report on the Sales And Business Tax Audit Results For The Quarter Ended June 30, 2001.
(1) Monthly Investment Report for August 2001
(2) August Monthly Report
(3) Sales and Business Tax for Quarter Ending June 2001
The Committee approved the Consent Items.
(b) Monthly Financial Report for August 2001. Attachment: Memorandum from Budget Director, Larry D. Lisenbee, dated October 1, 2001, presenting the Monthly Financial Report for August, jointly prepared by the City Manager’s Budget Office and the Finance Department.
The Committee accepted the staff report.
(c) Report on Due Diligence Work Performed
on e-Government Initiatives. Attachment: Memorandum from Director of Conventions, Arts and Entertainment,
E-Government Executive Sponsor, Nancy Johnson, and Chief Information Officer,
Information Technology, Wandzia Grycz, dated October 2, 2001, recommending (1)
that the Finance and Infrastructure Committee accept the status report; (2)
recommend that the City Council appropriate $97,000 from the $2 million dollar
e-Government reserve for continuation of work associated with the e-Government,
and initiative; (3) recommend that the Mayor and City Council adopt a
resolution authorizing the City Manager to execute a first amendment to the
agreement with Maximus, Inc. for consulting services on e-Government, extending
the term of the agreement from November 2, 2001 to January 31, 2002, at an
additional cost of $97,000.00, for a total cost of $195,100.
The Committee accepted the staff report with modifications to the recommendations.
(d) Oral petitions
William Garbett spoke about the City’s financial shortfalls and about his lack of access to the Internet.
(e) Adjournment
The Committee adjourned at 3:45 P.M.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortese, the Finance and Infrastructure Committee Report and actions of October 10, 2001 were accepted with modifications to Item 3.3 (c) to change the Request for Proposal to a Request For Qualifications in order to expedite the implementation throughout the City of San Jose and report back to the Committee in January, 2002. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
3.4 Presentation of the Community Survey and Employee Survey results.
(a) Acceptance of the Community Survey results.
(b) Acceptance of the Employee Survey results.
(City Manager’s Office)
Council accepted the reports with staff directed to include in its next presentation responses to the comments and concerns expressed by Council Members.
Documents Filed: (1) Memorandum from City Manager, Del D. Borgsdorf, dated October 17, 2001, attaching a copy of the PowerPoint presentation on the 2001 Community Survey. (2) Memorandum from City Manager, Del D. Borgsdorf dated October 17, 2001, attaching a copy of the PowerPoint presentation on the 2001 Employee Survey.
Discussion/Action: With the use of PowerPoint presentations on the Community Survey and the Employee Survey, Assistant to the City Manager Pamela Stone-Jacobs and Consultant Dave Metz with Fairbanks, Maslin, Maullin and Associates, presented a comprehensive overview of the surveys. During Council deliberation of the results compiled from the surveys conducted during September 2001, Staff was requested to provide the following information: (1) Explore for future reports the feasibility of surveying the homeless population. (2) Develop a strategy that would include a survey of those areas where the City has made significant investments in the Downtown area. (3) Provide Council with resident survey analysis of the results compiled for San Jose compared to that of other cities. (4) That staff distribute to Council Districts cross tab analysis information as soon as possible. (5) That the Redevelopment Agency staff work with City staff and Strong Neighborhood Initiative focus groups to identify the order of Downtown community priorities and move in the direction for healthier neighborhoods. Upon motion by Council Member Diquisto, seconded by Council Member Cortese and unanimously carried, the presentation of the Community Survey and Employee Survey results were accepted and staff directed to include responses to the concerns raised by Council. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
3.5 Approval of the City’s position on the Open Space Authority ballot measure. (Mayor)
Documents Filed: None.
Discussion/Action: This item was deferred to October 30, 2001.
4.2 Direct the City Manager to work with cultural organizations and businesses to identify and streamline processes to support new endeavors as part of the “Reunite with Friends, Reconnect with San José” campaign.
[Rules
Committee referral 10/17/01 – Item 3.2(g)(2)]
Documents Filed: Memorandum from Mayor Gonzales and Council Member Chavez, dated October 23, 2001, recommending Council direct the Administration to work with cultural organizations and businesses to encourage the Downtown economy.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Diquisto and unanimously carried, the Rules Committee Report (Partial) and actions of October 17, 2001 were accepted and City Manager directed to work with cultural organizations and businesses to identify and streamline processes to support new endeavors and to encourage economic activity in San Jose as part of the “Reunite with Friends, Reconnect with San Jose” campaign. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
5.2 Report on bids and award of contract for the Happy Hollow Park & Zoo Interim Infrastructure Improvements to the low bidder, HRB Construction, Inc., to include the base bid and Add Alternate Nos. 1 and 2 in the amount of $518,205, and approval of a contingency in the amount of $78,000. CEQA: Resolution No.66098. SNI: Tully/Senter. (Public Works)
(Rules Committee referral 10/17/01)
Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated October 10, 2001, noting the reason for addendum and recommending Council approve contingency amount.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortese and unanimously carried, the report on bids was accepted, the award of contract to HRB Construction Inc., the low bidder and the contingency amount were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
Council Member Chavez left Chambers at 3:35 p.m.
5.3 Adoption of a resolution:
(a) Approving an application to the State Department of Parks and Recreation for a grant to renovate Mayfair Park.
(b) Authorizing the City Manager to negotiate and execute all documents relating to the grant application and the associated funding agreement.
(c) Direct the Department of the Parks, Recreation and Neighborhood Services to complete the grant application and to submit it to the State Department of Parks and Recreation by the November 1, 2001 deadline.
Council District: 5. (Parks, Recreation and Neighborhood Services)
(Rules Committee referral 10/17/01)
Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated October 17, 2001, noting reason for addendum and recommending Council adopt said resolution.
Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Williams
and unanimously carried, Resolution No. 70673, entitled: “A Resolution of
the Council of the City of San Jose Approving the Submission of an Application
to the California Department of Parks and Recreation for a Grant for the
Rehabilitation of Mayfair Park from the Urban Recreational and Cultural
Centers, Museums, and Facilities for Wildlife Education or Environmental
Education Program, and Authorizing the City Manager to Accept the Grant if
Awarded and to Negotiate and Execute All Related Documents” was adopted. Vote:
9-0-2-0. Absent: Chavez, Shirakawa, Jr.
7.1 Adoption of a resolution supporting the efforts of the Midpeninsula Regional Open Space District to obtain Federal funding for the clean up of all toxic materials at the former Almaden Air Force Station at Mount Umunhum. (Dando)
(Rules
Committee referral 10/17/01)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Member Dando dated October 16, 2001, recommending Council adopt said resolution. (2) Portfolio on the Midpeninsula Regional Open Space District, submitted by Stephanie Jensen, Public Affairs Manager, Open Space District.
Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member LeZotte and unanimously carried, Resolution No. 70674 entitled: “A Resolution of the Council of the City of San Jose Supporting the Efforts of the Midpeninsula Regional Open Space District to Obtain Federal Funding for Clean Up of All Toxic Materials at the Former Almaden Air Force Station at Mount Umunhum” was adopted. Vote: 9-0-2-0. Absent: Chavez, Shirakawa, Jr.
9.1 Report back on security assessment. (Office of Emergency Services, Fire, Police)
(Council
referral 10/16/01 – Item 9.2)
Documents Filed: Hard copy of the staff presentation on Community Threat Assessment.
Discussion/Action: Director of Emergency Services, Frances E. Winslow presented information on Community Threat Assessment. Speaking on Security Review of City Owned and Occupied Buildings, she indicated that there were specific changes made as a result of the cost benefit analysis such as adding Police phones in Lot C, locking internal doors and creating reception areas within departments for public access and looking at other buildings that could benefit from improvements in security. Highlighting post 9/11 security reviews, Dr. Winslow informed Council of the immediate changes that have been undertaken by Aviation City Service Area, Public Safety City Service Area, Information Technology, Convention Arts Entertainment, Environmental Services Department and General Services. She stated General Services has changed mail-handling procedures for City Hall both how mail is received and what will be accepted into the mail stream with additional training for personnel handling mail as it arrives and leaves. She stated Security was heightened at the Arena, Water Pollution Control Plant and Convention Center as well as key facilities throughout the community under supervision of the Police Department specialists in security. She discussed heightened Police presence at Civic Center buildings and privately owned key facilities, continued offering of terrorism awareness classes and letters to Hazardous Materials permit holders encouraging heightened security. She stated visible Police presence, locked gates to the Police complex, employee training in mail handling including specific information from the FBI and new locking policy for exterior doors of City Hall are some of the key changes in Civic Center buildings. She also stated that Emergency Services desires to limit negative impacts with the sense that this is a customer friendly facility. She acknowledged short-term enhancements include continuing to provide the most current information on mail handling via electronic mail, and that information for residents will be provided through City’s cable television. By unanimous consent, Council accepted the report with direction to staff to report back to Council regarding security assessments. Vote: 10-0-1-0. Absent: Shirakawa, Jr.
10.1 Adoption of resolutions by the City Council and Redevelopment Agency Board approving fiscal actions relative to the Civic Center Plaza Project:
(a) Adoption of resolutions by City Council and Agency Board approving the first amendment to the cooperation agreement between the City and Agency relative to the Civic Center Project providing for the repayment of the Agency by the City for the Civic Center site and Civic Center garage site;
(b) Adoption of a resolution by the Agency Board approving the reduction of $5,850,000 to the Adopted FY 2001-2002 Capital Budget Civic Center Plaza – Infrastructure project line in the Civic Plaza Redevelopment Area; and
(c) Adoption of a resolution by the Agency Board amending the FY 2001-2002 Agency appropriations resolution to reflect the reduction of the $5,850,000.
(City Attorney’s Office)
(Deferred from 9/25/01 – Item 10.1 et al., and 10/9/01 – Item 10.1)
Documents Filed: None filed.
Discussion/Action: This Item was deferred to October 30, 2001.
In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:
None filed.
|
Tract |
|
Location |
|
District |
|
Developer |
|
Lots/Units |
|
Type |
|
9179 |
|
Aborn
Rd (S/s) 600 ft w/o |
|
8 |
|
Shappell
Industries |
|
97
units |
|
SFAU |
|
9395 |
|
E/s
of U.S. 101 Eastern Terminus of Coyote Creek & Golf Dr. |
|
2 |
|
Castle
& Cooke Corporation |
|
6
lots |
|
Environmental
Subdivision |
The Council of the City of San Jose adjourned at 3:49 p.m. in memory of Katherine O’Hearn, mother of City Clerk Patricia O’Hearn, to reconvene on Thursday, October 25, 2001, 8:00 a.m., Council Chambers, for a meeting on Council Policy Priority Setting and continue to Friday, October 26, 2001, 8:00 a.m., Council Chambers, for a meeting on the same topic.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK