CSJ 4-24-01 Council Meeting Minutes

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, APRIL 24, 2001

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 - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager.

Absent: Council Members - Gonzales (excused).

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of Sanchez v. City of San José, et al., and Cisneros, et al., v. City of San José, et al.; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Alex Gurza; Employee Organization: Municipal Employees Federation; (2) City Negotiator: City Manager designee Alex Gurza; Employee Organization: International Association of Firefighters; and (3) City Negotiator: City Manager designee Alex Gurza; Employee Organization: Operating Engineers, Local 3.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager.

Absent: Council Members - Gonzales (excused).

Invocation (District 4)

BAPS Hindu Temple delivered the Invocation.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by students Briana and Jacklyn from the J. R. Meadows Elementary School in the Franklin-McKinley School District.

Orders of the Day

Upon motion by Council Member LeZotte, seconded by Council Member Diquisto, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Gonzales.

CEREMONIAL ITEMS

1.1 Presentation of award honoring the City of San José’s Outstanding Volunteers for 2001. (City Manager’s Office)

Documents filed: None.

Discussion/Action: Vice Mayor Shirakawa, Jr., was joined at the podium by City Manager Del D. Borgsdorf, who commented on the benefit the City derives from its dedicated volunteers and introduced Senior Executive Assistant Bob Allen to present the Outstanding Volunteer Awards for 2001. Recipents of the award were the following volunteers: Ken Hardy - Department of Transportation, Father William Stout - San Jose Fire Department, Dick Allison - Library Department, Rosemary Dominguez - San Jose International Airport, Jeanne Harbor - San Jose International Airport, Sharlet Parsons - San Jose International Airport, Marilyn Abad - Parks Recreation and Neighborhood Services, Edenvale/Great Oaks Plan Implementation Team - Parks Recreation and Neigh-borhood Services, Dan Skipper; Ron Schwartz - Parks Recreation and Neighborhood Services, Paul Cianciarulo - San Jose Police Department, and Martin Renteria – Depart-ment of Transportation.

CONSENT CALENDAR

Upon motion by Council Member LeZotte, seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 10-0-1-0. Absent: Gonzales.

2.1 Approval of City Council minutes for:

(a) Regular meeting of January 9, 2001

(b) Regular meeting of January 16, 2001

(d) Regular meeting of January 23, 2001

Documents filed: Minutes of Regular meeting of January 9, January 16 and 23, 2001; and Joint Council/Financing Authority meeting of January 16, 2001.

Discussion/Action: The Minutes of January 9, 16 and 23, 2001 were approved. Vote: 10-0-1-0. Absent: Gonzales.

2.2 Approval of a second amendment to the lease agreement with Ogden Ground Services for 1,301 square feet of office space, 300 square feet of hangar floor space, and 3,750 square feet of asphalt ramp space at 1277 Airport Boulevard, and to extend the term of the lease through April 30, 2007, with annual rental revenue to the City of $14,000. CEQA: Resolution No. 67380. (Airport)

Documents filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated April 4, 2001, recommending approval of a second amendment to said agreement.

Discussion/Action: The second amendment to said agreement with Ogden Ground Services was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

2.3 Adoption of a resolution authorizing the City Manager to apply for a grant for the San José International Airport with the Federal Aviation Administration to be used to defray the cost of computerized security classes, and to execute upon receipt. (Airport)

Documents filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated April 11, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70292, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Aviation to Apply for a Grant from the Federal Aviation Administration to be Used to Defray the Cost of a Computerized Security Training Program and if Awarded to Execute a Grant Agreement with the Federal Aviation Administration”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.4 Adoption of a resolution authorizing the City Attorney to negotiate and execute a fifth amendment to the agreement with Betty A. Salois dba Salois & Associates for court reporting services, to increase compensation by $4,000, for a total amount not to exceed $54,000. (City Attorney’s Office)

Documents filed: Memorandum from City Attorney Richard Doyle, dated April 13, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70293, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Fifth Amendment to the Agreement with Betty A. Salois, dba Salois & Associates for Court Reporting Services to Increase Compensation by $4,000 for a Total Amount Not to Exceed $54,000”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.5 Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Fourth and San Fernando Parking Garage, the Seasonal Banners Program, and the Firemen’s Memorial Bell Project, with a net impact to the fund of $438,000. (City Manager’s Office)

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated April 4, 2001, recommending approval of said appropriation ordinance and related revenue resolution amendments..

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Council Member Chavez requested Staff report back with clarification on the funds allocated and the timeline for completion of this project Ordinance No. 26350, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $438,000 for the Fourth Street and San Fernando Parking Garage Project, the Seasonal Banners Program and the Fireman’s Memorial Ball Project: and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70294, entitled, “A Resolution of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted, and Staff directed to report back with a funding and completion timeline. Vote: 10-0-1-0. Absent: Gonzales.

2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute Arts Venture Grants Initiative grant agreements with seven organizations for a total amount not to exceed $225,000. (Conventions, Arts and Entertainment)

Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70295, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Arts Venture Grants Initiative Grant Agreements with Seven Organizations for a Total Amount Not to Exceed $225,000”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.7 Approval to appoint Joe Wilson, commercial banker, and Steve Groark, Certified Financial Analyst, to the Revolving Loan Fund Loan Advisory Board. (Economic Development)

Documents filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated April 4, 2001, recommending said appointments to the Revolving Loan Fund Loan Advisory Board.

Discussion/Action: The appointments of Joe Wilson and Steve Groark to the Revolving Loan Fund Loan Advisory Board were approved. Vote: 10-0-1-0. Absent: Gonzales.

2.8 Approval of the first amendment to the professional services agreement with H.T. Harvey and Associates for Salt Marsh Conversion Assessment, amending the scope of services to include vegetative mapping services for Year 2001, and increasing compensation by $105,000, from $270,000, to a total amount not to exceed $375,000. CEQA: Exempt. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 4, 2001, recommending approval of a first amendment to said agreement. (2) Letter from the Treatment Plant Advisory Committee dated April 12, 2001, stating concurrence with the Staff recommendation.

Discussion/Action: The first amendment to said agreement with H.T. Harvey and Associates was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

2.9 Adoption of a resolution authorizing the City Manager to execute amendments to the Construction and Demolition Recycling Infrastructure Grant Agreements with Guadalupe Rubbish Disposal, Zanker Road Landfill, and GreenWaste Recovery, extending the terms from May 1, 2001 to June 30, 2002, at no additional cost to the City. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70296, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute First Amendments to the Construction and Demolition Recycling Grants to Guadalupe Rubbish Disposal Company, Zanker Road Landfill, and GreenWaste Recovery to Extend the Terms to June 30, 2002, at No Additional Cost to the City”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.10 Approval of a first amendment to the consultant agreement with Black and Veatch for the Water Pollution Control Plant Capital Improvement Program consulting engineering services, increasing the compensation by $70,000, from $700,000 to a total amount not to exceed $770,000, with no contract time extension. (Environmental Services)

Discussion/Action: The first amendment to said agreement with Black and Veatch was approved and its execution authorized. Vote: 10-0-1-0. Absent: Gonzales.

2.11 Report on bids and award of contract to the lowest responsive bidder, S. R. Hamilton Construction, Inc., for the “San José/Santa Clara Water Pollution Control Plant, FY 2000/2001 Capital Improvement Program, Equipment Replacement - Nitrification Relief Valves,” Project, in the amount of $82,400, and approval of a contingency in the amount of $16,000. CEQA: Exempt. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 4, 2001, recommending award of said contract, with related contingency, to the lowest responsive bidder, S. R. Hamilton Construction, Inc. (2) Letter from the Treatment Plant Advisory Committee dated April 12, 2001, stating concurrence with the Staff recommendation.

Discussion/Action: The contract was awarded to the lowest responsive bidder, S. R. Hamilton Construction, Inc, and the related contingency approved. Vote: 10-0-1-0. Absent: Gonzales.

2.12 Adoption of a resolution:

(a) Authorizing the City Manager to negotiate and execute an agreement with Public Resources Advisory Group to serve as the City’s general financial advisor for the term of April 1, 2001 to June 30, 2004 in an amount not to exceed $113,750, with two (2) one (1) year options for extension through June 30, 2006, subject to appropriation of funds.

(b) Authorizing the City Manager to negotiate and execute an agreement with Ross Financial Group to serve as the General Financial Advisor to the Housing Department for the term of April 1, 2001 to June 30, 2004 in an amount not to exceed $165,000, with two (2) one (1) year options for extension through June 30, 2006, subject to appropriation of funds.

(c) Approving the financial advisory eligible pool lists for land-based financings, multifamily housing, tax allocation for housing set-aside, general obligation bonds and lease revenue bonds to be used for the selection of a variety of bond financing projects for the period of May 1, 2001 to June 30, 2005.

(Finance)

Documents filed: Memorandum from Finance Director Scott P. Johnson, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70297, entitled: “A Resolution of the Council of the City of San José Authorizing Various Actions with Respect to Financial Advisors”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.13 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #39, 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 April 4, 2001, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List No. 39 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 10-0-1-0. Absent: Gonzales.

2.14 Report on bids and award the purchase of traffic signal heads and 8-inch and 12-inch green light emitting diodes traffic signal modules to the low bidder, Fortel Communications, Inc., at a total cost of $116,883, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)

Documents filed: Memorandum from Acting Director of General Services, Fran B. McVey, dated April 4, 2001, recommending award of said purchase to the low bidder, Fortel Communications, Inc.

Discussion/Action: The award of purchase to the low bidder, Fortel Communications, Inc., was approved and the Director of General Services authorized to exercise the purchase order. Vote: 10-0-1-0. Absent: Gonzales.

2.15 Report on Request for Proposals for a computerized maintenance management system and approval to reject all proposals and authorization to the Director of General Services to negotiate on the open market for a computerized maintenance management system. (General Services)

Documents filed: Memorandum from Acting Director of General Services, Fran B. McVey, dated April 4, 2001, recommending approval to reject all proposals and authorization for the Director of General Services to negotiate on the open market for a computerized maintenance management system.

Discussion/Action: The rejection of all proposals and authorization for the Director of General Services to negotiate on the open market for a computerized maintenance management system were approved. Vote: 10-0-1-0. Absent: Gonzales.

2.16 Adoption of a resolution authorizing the Director of General Services to:

(a) Execute the option to renew the contract for Citywide laundry services for eleven (11) months at a cost not to exceed $200,000; and

(b) Execute three (3) additional one-year options to renew, based on CPI adjustment not to exceed 7% per year, and without further Council action other than the appropriation of funds.

(General Services)

Documents filed: Memorandum from Acting Director of General Services, Fran B. McVey, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Council Member Yeager stated this item was deferred in order to work with Aramark on concerns of the neighborhood regarding impact from Aramark’s operations on the community and, based on subsequent discussions, Aramark has agreed to inclusion of the following conditions of operations at the Aramark business site: (1) Observance of all speed limits in the neighborhood, (2) Entrance and exit from the facility will be on McKendrie Avenue only; and (3) Hours of delivery will be restricted to between 7 a.m. and 8 p.m. Upon motion by Council Member Yeager, seconded by Council Member Cortese, and unanimously carried, the contract was approved as amended, and Resolution No. 70298, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute the Option to Renew an Agreement with Aramark Services for Citywide Uniform and Laundry Services”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.17 Adoption of a resolution authorizing the City Manager to negotiate and execute a group Long-Term Care insurance agreement with Prudential Insurance Company of America, for the period June 1, 2001 to December 31, 2004. (Human Resources)

Documents filed: Memorandum from Director of Human Resources, Nona Tobin, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70299, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Prudential Insurance Company of America for Group Long-Term Care Insurance for the Period June 1, 2001, Through December 31, 2004”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.18 Adoption of a resolution authorizing the City Manager to apply to the United States Department of Justice for Weed and Seed Program funding for the Washington neighborhood, in an amount not to exceed $225,000 and for the period October 1, 2001 to September 30, 2002, to accept the grant if awarded, and to execute all related documents. Council District 3. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70300, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute and Submit an Application to the United States Department of Justice for a Grant for the Weed and Seed Program for the Washington Neighborhood in an Amount Not to Exceed $225,000, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.19 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute a consultant agreement with David J. Powers and Associates, in an amount not to exceed $75,000, for analytical services on environmental issues associated with energy generation facilities.

(b) Adoption of appropriation ordinance amendment in the General Fund in the amount of $75,000.

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

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, and Budget Director Larry D. Lisenbee, dated April 10, 2001, recommending adoption of said resolution and appropriate ordinance amendment.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 70301, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement with David J. Powers and Associates, in an Amount Not to Exceed $75,000, for Environmental Services Associated with Energy Generation Facilities for a Term Ending September 30, 2001”; and Ordinance No. 26351, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $75,000, for Negotiation of a Consultant Agreement with David J. Powers and Associates for Analytical Services on Environmental Issues Associated with Energy Generation Facilities; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.20 Adoption of a resolution initiating proceedings and setting May 8, 2001 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Alum Rock No. 14, which involves the annexation to the City of San José of 0.51 acres of land, located on the north side of Alum Rock Avenue, approximately 150 feet easterly of Pala Avenue and detachment of the same from the Central Fire Protection and County Library Services Area No. 1 and County Lighting Services. CEQA: Exempt. Council District 5. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70303, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Alum Rock No. 14 and Described Herein, and Setting the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.21 Adoption of a resolution initiating proceedings and setting May 8, 2001 at 1:30 p.m. for Council consideration on detachment of territory designated as McKee No. 117 (an approved Annexation), which involves 0.75 acres of land, located at the northwest corner of Kirk Avenue and Madeline Drive, from the County Lighting District, and reaffirms the approval of the reorganization of this territory as set forth in Resolution No. 69238, adopted by the City Council on December 7, 1999. CEQA: Exempt. Council District 5. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70304, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as McKee No. 117 and Described Herein, and Giving Notice of Hearing on the Proposed Reorganization and Written Protests”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.22 Adoption of a resolution of intention to vacate a portion of the light and air easement (building setback line) that lies within Lot 8 of Tract No. 2046 Westgate Park, located at the southwest corner of Hamilton and Campbell Avenues, and setting a public hearing on May 22, 2001 at1:30 p.m. CEQA: ND. Council District 1. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70305, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate a Portion of the Light and Air Easement (Building Setback Line) Adjacent to Hamilton and Campbell Avenues”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.23 Approval of a request from S. J. Amoroso Construction Company to substitute Willis Construction in place of The Marble Man as the architectural pre-cast subcontractor on the Interim Federal Inspection Services Facility Project, at no cost to the City. CEQA: Resolution No. 67380. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated April 4, 2001, recommending approval of said subcontractor substitution request from S. J. Amoroso Construction Company.

Discussion/Action: The request to substitute Willis Construction in place of The Marble Man on said project was approved. Vote: 10-0-1-0. Absent: Gonzales.

2.24 Approval of the appointment of new members to the Workforce Investment Board. (Mayor)

Documents filed: None.

Discussion/Action: This item was deferred to May 1, 2001.

2.25 Approval of Mayor Gonzales’ travel to Washington, D.C., April 22-24, 2001, to participate as co-chair of the Fannie Mae Housing Impact Advisory Council. Funding: Fannie Mae. (Mayor)

(Rules Committee referral 4/18/01)

Documents filed: Memorandum from Mayor Gonzales dated April 13, 2001, recommending approval of the Mayor’s travel to Washington, D.C., on April 22-24, 2001.

Discussion/Action: The travel for Mayor Gonzales’ on April 22-24, 2001 to Washington, D.C., was approved. Vote: 10-0-1-0. Absent: Gonzales.

2.26 Adoption of resolutions requesting grant funding for two parkland acquisitions:

(a) Approving an application to the Land and Water Conservation Fund Program for grant funding for the parkland acquisition in the Washington Neighborhood.

(b) Approving an application to the Land and Water Conservation Fund Program for grant funding for the parkland acquisition in the Bonita Neighborhood.

(c) Authorizing the City Manager, or his designee, to negotiate and execute all documents relating to both grant applications and to funding agreements if the grants are awarded.

(d) Directing the staff of the Parks and Community Facility Development Office within Parks, Recreation and Neighborhood Services to complete the grant applications and submit both applications on or before May 1, 2001, to the State Department of Parks and Recreation.

CEQA: Exempt. (Chavez)

(Rules Committee referral 4/18/01)

Documents filed: Memoranda from Council Member Chavez, dated April 17, 2001, recommending adoption of resolutions requesting grant funding for two parkland acquisitions.

Discussion/Action: Resolution No. 70306, entitled: “Resolution of the Council of the City of San José Approving the Application for Land and Water Conservation Funds for the Washington Neighborhood Park Acquisition Park Project”; and Resolution No. 70307, entitled: “Resolution of the Council of the City of San José Approving the Application for Land and Water Conservation Funds for the Bonita Neighborhood Park Acquisition Project”, were adopted. Vote: 10-0-1-0. Absent: Gonzales.

2.27 Adoption of a resolution authorizing the City Attorney to negotiate and execute a third amendment to the agreement with IKON Office Solutions for legal photocopy services, increasing compensation by $15,000, for a total amount not to exceed $65,000. (City Attorney’s Office)

(Rules Committee referral 4/18/01)

Documents filed: Memorandum from City Attorney Richard Doyle, dated April l8, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70308, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Third Amendment to the Agreement with IKON Office Solutions for Legal Photocopy Services, Increasing Compensation by $15,000, for a Total Amount Not to Exceed $65,000”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.1 Report of the Study Session – January 23, 2001

Mayor Gonzales, Chair

Documents filed: Report of the Study Session dated January 23, 2001.

(a) Proposed Minor Amendment to the Airport Master Plan. Attachment: Refer to Item 8.1 in the minutes of January 23, 2001 City Council meeting for documents filed on this item.

By Council action at the Study Session, this item was deferred to the January 30, 2001 Council agenda and Staff directed to return with an Implementation plan for building a new airport facility that complies with the City’s ATRA ordinance.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortese, and unanimously carried, the Study Session actions and report of January 23, 2001 were accepted. Vote: 10-0-1-0. Absent: Gonzales.

3.2 Report of the Rules Committee – April 11, 2001

Vice Mayor Shirakawa, Jr., Chair

Documents filed: Rules Committee report of April 11, 2001.

(a) Redevelopment Agency items reported out at Redevelopment Agency meeting

(b) City Council

(1) Review April 24, 2001 Draft Agenda

The Committee approved the April 24, 2001 City Council Agenda with one addition.

(2) Add New Items to April 17, 2001 Amended Agenda

The Committee recommended two additions to the April 17, 2001 City Council agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee. Attachment: Amended agenda for April 25, 2001 Finance and Infrastructure Committee meeting.

The Committee recommended approval of the amended agenda for the April 25, 2001 meeting which added an item entitled, “Financing Schedule for Issuance of General Obligation Bonds for Parks and Libraries.”

(b) Economic Development and Environmental Committee. Attachment: Amended agenda for May 7, 2001 Economic Development and Environment Committee meeting.

The Committee recommended approval of the amended agenda for the May 7, 2001 meeting which expanded Item b to read as follows: (1) Quarterly report on the Project Development Program; (2) Quarterly report on the Housing Rehabilitation Program; (3) Quarterly report on the Housing and Homeless Fund.

(c) Education, Neighborhoods, Youth and Seniors Committee. Attachment: Amended agenda for April 16, 2001 Education, Neighborhoods, Youth and Seniors Committee meeting. (Cont’d.)

The Committee recommended approval of the amended agenda for April 16, 2001 that added an item entitled, “Auto Body Ordinance Status Update.”

(d) Ad Hoc Traffic Calming Advisory Committee

None filed.

(d) Meeting Schedules. Attachment: Memorandum from Deanna Santana, Assistant to the City Manager, dated April 10, 2001, recommending a change of location for a scheduled Study Session.

The Committee recommended approval to change the location for the April 26, 2001 Strong Neighborhoods Initiative Study Session to the Mexican Heritage Center.

(e) The Public Record – March 28 to April 3, 2001. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated April 5, 2001, listing the items transmitted to the Administration and those items filed for the Public Record for the period March 28-April 3, 2001.

The Committee noted and filed the Public Record.

(f) Boards, Commissions and Committees

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

(h) Administrative Reviews and Approval

(i) Oral Communications

No presentations made on (f) through (i).

(j) Adjournment

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

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, the Rules Committee report and actions of April 11, 2001, were accepted. Vote: 9-0-2-0. Absent: Gonzales, Williams.

3.3 Report of the Finance and Infrastructure Committee – April 11, 2001

Council Member Dando, Chair

Documents filed: Finance and Infrastructure Committee report of April 11, 2001.

(a) Monthly Financial Report for February, 2001. Attachment: Memorandum from Budget Director Larry D. Lisenbee, dated April 3, 2001, transmitting said report.

The Committee accepted the report.

(b) Monthly Investment Report for January/February, 2001. Attachment: Memoranda from Finance Director Scott Johnson, dated February 22, 2001, presenting the January 2001 Investment Report; and memoranda dated March 26, 2001, presenting the February 2001 Investment Report and amending the January 2001 report.

The Committee accepted the report.

(c) Minutes from the First Quarter 2001 Investment Committee Meeting. Attachment: Memorandum from Finance Director Scott P. Johnson, dated April 3, 2001, transmitting said report.

The Committee accepted the Investment Committee minutes.

(d) 30-Day Facilitation of Workers Compensation Medical Services Pilot Program Update. Attachment: Memorandum from Director of Human Resources, Nona Tobin, and Finance Director Scott P. Johnson, dated March 28, 2001, reporting on the status of said Pilot program.

The Committee accepted the report.

(e) February Monthly Report. Attachment: Correspondence from City Auditor Gerald A. Silva, dated March 28, 2001, reporting on activities of the City Auditor’s Office for the period of February 16 through March 15, 2001, and schedule of audit costs for February 2001.

The Committee accepted the report.

(f) Sales and Business Tax for Quarter Ending December 31, 2000. Attachment: Correspondence from City Auditor Gerald A. Silva, dated March 16, 2001, transmitting said report.

The Committee accepted the report.

(g) Semi-annual Recommendation Follow-up for Six Months Ending December 31, 2000. Attachment: Correspondence from City Auditor Gerald A. Silva, dated April 5, 2001, transmitting said report.

The Committee accepted the Staff report with the direction that Recommendation 95-04 (An Audit of the City of San José Retirement Plan’s Investment Program) be dropped and Recommendation 97-05 (An Audit of the Department of Public Works Engineering and Inspections Costs) be brought back to a future Committee meeting for further review; and that the City Auditor’s Office review the 14 recommendations in the follow-up report, remove those recommendations that are beyond the City’s control and bring the rest back to the Finance and Infrastructure Committee for further review.

(h) Public Works Real Estate Division Audit. Attachment: Report entitled: An Audit of the Property Appraisal Process of the Department of Public Works – Real Estate Division, dated March 2001, prepared by the Office of the City Auditor.

The Committee accepted the report.

(i) Annual Pavement Maintenance Program Report. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated April 2, 2001, transmitting the FY 2001-2001 Street Maintenance Needs Report and recom-mending referral to the budget process for funding consideration.

The Committee accepted the report.

(j) Oral Petitions

None presented.

(k) Discussion for Establishing a Consent Calendar

The Committee approved establishing a Consent Calendar for future agendas.

(l) Adjournment

The meeting was adjourned at 4:45 P.M.

Discussion/Action: Council Member Reed stated he has reservations about whether the current schedule of maintenance at eight year intervals is adequate, especially on streets with heavy traffic, and suggested that issue be considered as part of the budget process. Upon motion by Council Member Dando, seconded by Cortese, and unanimously carried, the Finance and Infrastructure report and actions of February 14, 2001, were accepted. Vote: 9-0-2-0. Absent: Gonzales, Williams.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 PUBLIC HEARING ON CONFORMING REZONING of the property located at the southeast corner of East Julian and North 13^th Streets, from CN Commercial Zoning District to R-1-8 Residence Zoning District, to allow residential uses on 0.32 gross acres. (Guttadauro Trust, Owner; Redevelopment Agency, Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforce-ment recommends approval. No Planning Commission action required.

C 01-03-047 - District 3

Documents filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C01-03-047 dated March 27, 2001, recommending approval of the proposed rezoning. (2) Public Hearing Notice to consider a change in zoning for C01-03-047 dated March 30, 2001 and Proof of Publication executed on April 13, 2001, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Cortese, and unanimously carried, Ordinance No. 26352, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southeast Corner of East Julian and North 13^th Streets”, was passed for publication. Vote: 9-0-2-0. Absent: Gonzales, Williams.

RECREATION & CULTURAL SERVICES

5.2 Report on Request for Proposal (RFP) and adoption of a resolution authorizing the Director of General Services to:

(a) Negotiate and execute a one-year agreement for janitorial and support services for the Convention Center facility with Pacific Maintenance Company, for a total cost not to exceed $636,000; and

(b) Exercise four (4) one-year options to renew with compensation adjustments based on the Consumer Price Index not to exceed 3% per year and contingent upon Council appropriation of the funds each year.

(General Services)

(Rules Committee referral 4/18/01)

Documents filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated April 18, 2001, reporting on the proposed RFP and recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Diquisto, and unanimously carried, Resolution No. 70309, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute a One-Year Agreement with Pacific Maintenance Company for Janitorial and Support Services at the Convention Center Facility in an Amount Not to Exceed $636,000, and to Exercise Four One-Year Options to Renew the Agreement”, was adopted. Vote: 9-0-2-0. Absent: Gonzales, Williams.

TRANSPORTATION SERVICES

6.1 Traffic Calming Advisory Committee (Ad Hoc) – April 12, 2001

Council Member Reed, Chair

Documents filed: Traffic Calming Advisory Committee – April 12, 2001.

(a) Status Report on Pedestrian Issues Task Force. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated March 26, 2001, transmitting said report for Council approval.

The Committee accepted the report.

(b) Report on Public Education/Awareness Program. Attachment: Memorandum from Director of Transportation Wayne K. Tanda, dated April 3, 2001, transmitting said report for Council approval.

The Committee accepted the report.

(c) Update on Performance Measures. Attachment: Memorandum from Director of Transportation Wayne K. Tanda, dated April 5, 2001, stating an oral report will be presented to the Committee.

The Committee accepted the oral staff report.

(d) Oral Petitions

None presented.

(e) Adjournment

The meeting was adjourned at 3:30 P.M.

Discussion/Action: Upon motion by Council Member Reed, seconded Council Member LeZotte, the Traffic Calming Advisory Committee report and actions of April 12, 2001 approved. Vote: 9-0-2-0. Absent: Gonzales, Williams.

6.2 (a) Approval of an ordinance:

(1) Amending Chapter 11.52 of Title 11 of the San José Municipal Code to modify the regulations applicable to regular freight loading zones and Special Loading/Unloading Permits, and to authorize the establishment of Special Freight Loading Zones to accommodate unique loading needs;

(2) Establishing a new Chapter 11.51 of Title 11 of the San José Municipal Code to set forth the regulations applicable to curb markings; and

(3) Establishing a new Chapter 11.54 of Title 11 of the San José Municipal Code to set forth the regulations applicable to Passenger Loading Zones, Bus Zones, and Taxicab Zones with no modification of such regulations.

(b) Adoption of a resolution amending Resolution No. 69650, the 2000-2001 Schedule of Fees, to set forth a fee of $17 for issuing a permit to park in a Special Freight Loading Zone and Special Loading/Unloading Permits.

(Department of Transportation)

(Deferred from 4/10/01 – Item 7.3 and 4/17/01 – Item 7.4))

Documents filed: None.

Discussion/Action: This item was deferred to May 1, 2001.

AVIATION SERVICES

8.1 Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a grant with the Federal Aviation Administration for the Airport Acoustical Treatment Program Category I treatment area, in the amount of $5,000,000. CEQA: Resolution No. 67380. (Airport)

Documents filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated April 4, 2001, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Cortese, and unanimously carried, Resolution No. 70310, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit a Grant Application to the Federal Aviation Administration for the Airport Acoustical Treatment (ACT) Program Category One Treatment Area, in an Amount Not to Exceed $5,000,000, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted, and as requested by Council Members Chavez and Yeager, Staff was directed to provide as part of the budget process: (a) Recommendations to enhance funding for the ACT program and increase acoustical treatment services, (2) Provide data on the amount of time between a request for service and completion of the acoustical treatment, and (3) Provide information as available on the total number of flights and costs anticipated on a long term basis. Vote: 9-0-2-0. Absent: Gonzales, Reed.

Open Forum - heard jointly with Redevelopment Agency Public Discussion.

Berkley Driessel, Harold W. Fryday and Karan Hardy, Association for Good Government of Santa Clara County, spoke in opposition to the San José City Council’s position on the Metcalf Energy Facility.

Adjournment

The Council of the City of San José adjourned at 2:20 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK