MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
MAY 22, 2001
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, Cortesé, Dando, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Chavez (excused), Diquisto (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 pertaining to existing litigation pursuant to Government Code Section
54956.9 Subsection (a) to consider the case of Arambula v. City of San José, et
al.; (B) confer with Legal Counsel regarding anticipated litigation (1)
involving a matter where there is significant exposure to litigation pursuant
to subdivision (b) of Section 54956.9 of the Government Code, and (2) involving
the initiation of litigation in a matter pursuant to subsection (c) of Section
54956.9 of the Government Code; (C) for the purpose of conducting Public Employee
Performance Evaluation, City Manager, pursuant to Government Code Section
54957; and (D) to confer with Labor Negotiator pursuant to Government Code
Section 54957.6 involving City Negotiator, City Manager designee Alex Gurza and
the Municipal Employees Federation Employee Organization and the International
Association of Firefighters Employee Organization.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:00 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Cortesé, Dando, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Chavez (excused), Diquisto (excused).
Associate Pastor Oscar Bauer, Iglesia Bautista, delivered the invocation. (District 5)
Mayor Gonzales led in the Pledge of Allegiance.
ORDERS OF THE DAY
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
JOINT COUNCIL/REDEVELOPMENT AGENCY
The Redevelopment Agency Board convened at 1:38 p.m. to consider Item 10.1 in a joint session with the City Council.
10.1 (a) Adoption of a resolution by the City
Council:
(1) Approving the Amended and Restated
Agreement by and among the City of San José, the Redevelopment Agency of the
City of San José, and the County of Santa Clara related to the cooperation
among the entities regarding redevelopment and planning issues, including the
continued allocation of tax increment to the County, and the delegation of
redevelopment authority to the County;
(2) Authorizing the City Manager to accept a
grant deed transferring title to the City of a certain parcel located on the
former Asbury Street, at no cost to the City;
(3) Approving a first amendment to the
agreement between the County and the City setting compensation for collecting
sewer service charges on the tax roll, decreasing the collection charge to .3%
of the total charges collected; and
(4) Expressing its intent to disband the
City/County Joint Powers Authority as of June 30, 2001, and to terminate the
authority of the JPA except to take whatever actions may be necessary to
implement grants made through the end of Fiscal Year 2001-02.
(b) Adoption of a resolution by the
Redevelopment Agency Board:
(1) Approving the Amended and Restated
Agreement by and among the City of San José, the Redevelopment Agency of the
City of San José, and the County of Santa Clara related to the cooperation
among the entities regarding redevelopment and planning issues, including the
continued allocation of tax increment to the County, and the delegation of
redevelopment authority to the County;
(2) Delegating to the County Board of Supervisors
the authority to undertake redevelopment, consistent with applicable
redevelopment law, pursuant to Health & Safety Code Section 33205.
(City
Attorney’s Office)
(Orders
of the Day)
Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated May 18, 2001, recommending Council approve the Amended and Restated Agreement by and among the City, Agency, and the County of Santa Clara, and take necessary action in connection therewith.
Discussion/Action: Mayor Gonzales stated the City of San José and the County of Santa Clara have reached an agreement to share long-term resources from the San José Redevelopment Agency, resolving long-standing differences between the two government entities, which will utilize resources to improve neighborhoods and aging retail centers, create affordable housing, and build needed capital improvements and public facilities in neighborhoods in San José served by both the City and the County. He acknowledged the leadership contributions of Board Chairpersons James T. Beall, Jr. and predecessors Don Gage and Pete McHugh who have been instrumental in negotiating the comprehensive agreement, which began in mid-1999 in a mutual effort to resolve complex issues regarding redevelopment activities, funding and various impacts on City and County services. He recognized the concentrated efforts of Joe Guerra, Manager of the Mayor’s Budget and Policy Office, City Manager Del D. Borgsdorf, Redevelopment Agency Executive Director Susan F. Shick, City Attorney J. Richard Doyle, Senior Deputy City Attorney Patricia A. Deignan, and Redevelopment Agency Finance & Administration Director David Baum.
Santa Clara County Board Chair James T. Beall, Jr. conveyed to the City Council and the Redevelopment Agency the County Board the Supervisors’ support of the comprehensive agreement. He congratulated James R. Derryberry on his upcoming retirement and outstanding contributions in the areas of land use planning and development in communities throughout the City of San José. He expressed appreciation to Mayor Gonzales and the team efforts of both City and County participants for their outstanding contributions to the negotiating process, including County Executive Richard Wittenberg, County Counsel Ann Miller Ravel, and Chief of Staff Caroline Judi of District 4 Office. He stated the work of revitalizing many dilapidated structures and renovating neglected lots throughout the City can begin, new housing and community centers can be built and neighborhoods restored, community concerns of health care and affordable housing can be addressed, with economic improvements occurring in local communities. He conveyed consensus of the Board of Supervisors in executing the agreement and the positive prospect of working collaboratively with the City Council/Agency Board of Directors in implementing provisions of the agreement. William J. Garbett spoke against the proposed action.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, Resolution No. 70357, entitled: “Resolution of the Council of the City of San José: (1) Approving the Amended and Restated Agreement By and Among the City of San José, the Redevelopment Agency of the City of San José, and the County of Santa Clara, Related to the Cooperation Among the Entities Regarding Redevelopment and Planning Issues, Including the Continued Allocation of Tax Increment to the County and the Delegation of Redevelopment Authority to the County; (2) Authorizing the City Manager to Accept a Grant Deed Transferring Title to the City of a Certain County-Owned Parcel Located on the Former Asbury Street, at No Cost to the City; (3) Approving a First Amendment to the Agreement Between the County and the City Setting Compensation for Collecting Sewer Service Charges on the Tax Roll, Decreasing the Collection Charge to .3% of the Total Charges Collected; and (4) Expressing Its Intent to Disband the City/County Joint Powers Authority as of June 30, 2001, and to Terminate the Authority of the Joint Powers Authority (JPA) Except to Take Whatever Actions May Be Necessary to Implement Grants Made Through the End of Fiscal Year 2000-2001”; and Redevelopment Agency Board Resolution No. 5161, were adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
The Redevelopment Agency Board adjourned at
1:45 p.m.
1.1 Presentation of a congratulatory
commendation in honor of Moreland School District's 150th Birthday will be
accepted by Dr. James Ritchie, Superintendent and School Board President, Alan
Uhlemann. (LeZotte)
(Deferred from 5/1/01 – Item 1.2)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member LeZotte introduced Dr. James Ritchie, Superintendent, and Board President Alan Uhlemann, and commended the Moreland School District on its 150 years of outstanding service to the youth of the community-at-large. Council Member LeZotte officially presented the award to the Moreland School District on March 31, 2001 during a ceremonial dinner in honor of the District’s sesquicentennial celebration, and Mayor Gonzales presented the congratulatory commendation to Dr. Ritchie and thanked administrators for their commitment to education.
1.2 Presentation of a proclamation
commemorating Memorial Day. (Mayor)
Documents Filed: None.
Discussion/Action: Mayor Gonzales read the proclamation commemorating May 28, 2001, Memorial Day, as a tribute to the men and women who have served their country and forfeited their lives for the preservation of freedom and values and the advancement of ideals of democracy for all Americans. He stated the proclamation would be placed in the Lobby of City Hall, San José, California.
1.3 Presentation of a commendation to Lincoln
High School’s Mock Trial team for its achievements this school year. (Yeager/Mayor)
(Rules
Committee referral 5/16/01)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium was Council Member Yeager who introduced Attorney Team Coaches Dan Ballesteros, Tina Calahan, Kris Morrella and Jim Towery – and Mock Trial Team Members Steve Cash, Jessica Friedman, Shane Jacksteit, Elyse Michaels, Krista Pietrok, Amanda Ramos, Rasna Sandhu, Kathleen Stavis, Alejandra Torres, Ryan Webb, Max Rain, Shaina Rogozen, Jenny Roberts, Kelsey Mitchell, Pearl Wible, Ponit Maor, Rachel Turk, Lindsey Scherer, and Jonathan Foresee. Mayor Gonzales presented the commendation to the Team – First Place California State Mock Trial Championship Winners, First Place Winners in Santa Clara County, and Fifth Place Winners at the National Championship, out of a field of 44 teams from all parts of the Nation. Mayor Gonzales presented the commendation and congratulated the team on its outstanding achievements.
1.4 Presentation of a proclamation declaring
May 20 – 26th, 2001 as Public Works Week. (Public Works, Transportation, Environmental Services, General
Services)
(Rules
Committee referral 5/16/01)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Director of Environmental Services Carl W. Mosher, Deputy Director of Traffic Management Jim Helmer, and Acting Director of Public Works Rajeev Batra who thanked the Mayor and City Council for the recognition, and accepted the proclamation on behalf of the City’s 1500 professional men and women who maintain the public infrastructure in the City of San Jose.
CONSENT CALENDAR
Upon motion
by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and
unanimously carried, the Consent Calendar was approved and the below listed
actions were taken as indicated. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.1 (a) Final
adoption of Ordinance No. 26359 – Amends Title 6 of the San José Municipal Code
to add a new chapter to regulate tinted windows at beverage service businesses.
Documents
Filed: Proof of publication of the title
of Ordinance No. 26359 executed on May 15, 2001, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26359 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(b) Final
adoption of Ordinance No. 26360 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to AAA Express Roll-Off Disposal.
Documents
Filed: Proof of publication of the title of Ordinance No. 26360 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26360 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(c) Final
adoption of Ordinance No. 26361 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Butterick Enterprises, Inc.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26361 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26361 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(d) Final
adoption of Ordinance No. 26362 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Browning-Ferris Industries.
Documents Filed: Proof of publication of the title of Ordinance No. 26362 executed on May 15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26362 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(e) Final
adoption of Ordinance No. 26363 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Custom Disposal Service.
Documents
Filed: Proof of publication of the title
of Ordinance No. 26363 executed on May 15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26363 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(f) Final
adoption of Ordinance No. 26364 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Diversified Recycling Services, Inc. dba
San José Recycling II.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26364 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26364 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(g) Final
adoption of Ordinance No. 26365 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to E.M.S., L.L.C.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26365 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26365 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(h) Final
adoption of Ordinance No. 26365 – Grants a Commercial Solid Waste and Recyclables
Collection Franchise to Green Valley Disposal Co., Inc.
Documents
Filed: Proof of publication of the title of Ordinance No. 26365 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26366 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(i) Final
adoption of Ordinance No. 26367 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to GreenWaste Recovery, Inc.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26367 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26367 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(j) Final
adoption of Ordinance No. 26368 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to GreenWaste Recovery, Inc. dba $99 Debris
Box Service.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26368 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26368 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(k) Final
adoption of Ordinance No. 26369 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Grifall Trucking.
Documents
Filed: Proof of publication of the title of Ordinance No. 26369 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26369 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(l) Final
adoption of Ordinance No. 26370 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to GreenTeam of San José dba GT Waste
Services.
Documents
Filed: Proof of publication of the title of Ordinance No. 26370 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26370 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(m) Final
adoption of Ordinance No. 26371 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to JHM Services, Inc.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26371 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26371 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(n) Final
adoption of Ordinance No. 26372 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Jonna Corporation dba Premier Recycle.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26372 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26372 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(o) Final
adoption of Ordinance No. 26373 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Julie Coleman Enterprises, Inc. dba Pacific
Rim Recycling.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26373 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26373 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(p) Final
adoption of Ordinance No. 26374 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Phillip A. Ingram dba Coast Dumpster
Service.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26374 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26374 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(q) Final
adoption of Ordinance No. 26375 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Los Altos Garbage Company dba Stevens Creek
Disposal and Recycling.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26375 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26375 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(r) Final
adoption of Ordinance No. 26376 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Mission Trail Waste Systems, Inc. dba
Recycle West.
Documents
Filed: Proof of publication of the title of Ordinance No. 26376 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26376 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(s) Final
adoption of Ordinance No. 26377 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Number “1” Disposal.
Documents
Filed: Proof of publication of the title of Ordinance No. 26377 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26377 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(t) Final
adoption of Ordinance No. 26378 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Panther Industries.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26378 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26378 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(u) Final
adoption of Ordinance No. 26379 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to The Newark Group.
Documents
Filed: Proof of publication of the title of Ordinance No. 26379 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26379 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(v) Final
adoption of Ordinance No. 26380 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Recycling Systems.
Documents
Filed: Proof of publication of the title of Ordinance No. 26380 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26380 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(w) Final
adoption of Ordinance No. 26381 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to The Flea Market.
Documents Filed: Proof of publication of the title of Ordinance No. 26381 executed on May 15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26381 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(x) Final
adoption of Ordinance No. 26382 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Waste Management, Inc. dba Hollister
Disposal.
Documents
Filed: Proof of publication of the
title of Ordinance No. 26382 executed on May 15, 2001, submitted by the City
Clerk.
Discussion/Action: Ordinance No. 26382 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(y) Final
adoption of Ordinance No. 26383 – Grants a Commercial Solid Waste and
Recyclables Collection Franchise to Waste Management of Santa Clara County.
Documents
Filed: Proof of publication of the title of Ordinance No. 26383 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26383 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(z) Final
adoption of Ordinance No. 26384 – Adopts salaries for the Mayor and Council
Members recommended by the Council Salary Setting Commission pursuant to City
Charter Section 407.
Documents
Filed: Proof of publication of the title of Ordinance No. 26384 executed on May
15, 2001, submitted by the City Clerk.
Discussion/Action: Ordinance No. 26384 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
(aa) Final
adoption of Ordinance No. 26386 – Amends various chapters of various titles of
the San José Municipal Code to amend contracting authority.
Documents
Filed: Proof of publication of the title of Ordinance No. 26386 executed on May
18, 2001, submitted by the City Clerk.
Discussion/Action: William J. Garbett spoke against the proposed action. Ordinance No. 26386 was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.2 Approval of the sixth amendment to
Operating Agreement and Terminal Building Lease with Compania Mexicana de
Aviacion, S. A. de C.V. (Mexicana Airlines) extending the term from February 1,
2002 through November 30, 2007, and adding approximately 201 square feet of
operations space, with projected annual revenue to the City of $242,000. CEQA:
Resolution No. 67380. (Airport)
(Deferred
from 5/8/01 – Item 2.3)
Documents Filed: None.
Discussion/Action: This item was deferred to May 29, 2001.
2.3 Adoption of a resolution authorizing the
City Manager to submit, and execute upon receipt, a grant application for $250,000
to the California Energy Commission 2001 Alternative Fuels Infrastructure Grant
Solicitation for the San José International Airport Compressed Natural Gas
Station to serve the Airport’s ground transportation fueling needs. CEQA:
Resolution No. 67380. (Airport)
Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 2, 2001, recommending Council adopt said resolution.
Discussion/Action: Resolution No. 70358, entitled: “A Resolution of the Council of the City of San José Approving the Application Submitted On the City’s Behalf to the California Energy Commission 2001 Alternative Fuels Infrastructure Grant Solicitation for a Grant in an Amount Not to Exceed $250,000 for the San José International Airport Compressed Natural Gas Station, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.4 Preliminary approval of the report as
filed by the Downtown Business Improvement District Advisory Board, or as
modified by Council; and adoption of a resolution of intention to levy the
annual assessment for 2001-02 and set a public hearing on June 5, 2001 at
1:30 p.m. on the levy of the proposed assessments.
Council
District 3. (Economic Development)
Documents Filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated May 2, 2001, recommending Council approve said report and adopt said resolution of intention.
Discussion/Action: The preliminary report was approved as submitted by the Downtown Business Improvement District Advisory Board, and Resolution No. 70359, entitled: “A Resolution of the Council of the City of San José Declaring Its Intent to Levy Assessments for Fiscal Year 2001-2002 in the Downtown Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989 and Setting a Date and Time for the Public Hearing”, was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.5 Preliminary approval of the report as
filed by the Japantown Business Improvement District Advisory Board, or as
modified by Council; and adoption of a resolution of intention to levy the
annual assessment for 2001-02 and set a public hearing on June 5, 2001 at
1:30 p.m. on the levy of the proposed assessments. Council District 3. (Economic Development)
Documents Filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated May 2, 2001, recommending Council approve said report and adopt said resolution of intention.
Discussion/Action: The preliminary report as submitted by the Japantown Business Improvement District Advisory Board was approved and Resolution No. 70360, entitled: “Resolution of the Council of the City of San José Declaring Its Intent to Levy Assessments for Fiscal Year 2001-2002 in the Japantown Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989 and Setting a Date and Time for the Public Hearing”, was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.6 Preliminary approval of the report as
filed by the Willow Glen Business Improvement District Advisory Board, or as
modified by Council; and adoption of a resolution of intention to levy the
annual assessment for 2001-2002 and set a public hearing on June 5, 2001 at
1:30 p.m. on the levy of the proposed assessments. Council District 6. (Economic Development)
Documents Filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated May 2, 2001, recommending Council approve said report and adopt said resolution of intention.
Discussion/Action: The preliminary report as submitted by the Willow Glen Business Improvement District Advisory Board was approved and Resolution No. 70361, entitled: “A Resolution of the Council of the City of San José Declaring Its Intent to Levy the Assessment for Fiscal Year 2001-2002 in the Willow Glen Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989 and Setting a Date and Time for the Public Hearing”, was adopted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.7 Report on bids and award of contract for
the San José/Santa Clara Water Pollution Control Plant-Filter Backwash
Chlorination and SBWR Diversion Disinfection Project, to the low bidder, D.W.
Nicholson Corporation, in the amount of $218,000, and approval of a contingency
in the amount of $44,000. CEQA: Exempt.
(Environmental Services)
Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 2, 2001, recommending Council accept the bid report and award said contract to the low bidder, and approve the budget contingency amount. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated May 10, 2001, recommending approval of report on bids and award.
Discussion/Action: The report on bids was accepted and award of contract to D.W. Nicholson Corporation, the low bidder, and the budget contingency amount of $44,000, were approved, and execution of the contract authorized. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.8 Approval of a fourth amendment to the
agreement with R.W. Beck Inc. for solid waste consulting services, increasing
compensation by $250,000, from $700,000 to a total not to exceed $950,000, and
extending the agreement term from January 30, 2002 through June 30, 2002. (Environmental Services)
Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 2, 2001, recommending Council approve the fourth amendment to said agreement.
Discussion/Action: The fourth amendment to the consultant services agreement with R.W. Beck Inc. was approved and execution of the amendment authorized. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.9 Approval of award of open purchase orders
for supplies, materials, equipment, and services for FY 2000-2001 #44, 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 May 2, 2001, 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. 44
for Fiscal Year 2000-2001 was approved and execution of the purchase orders
authorized. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.10 Approval of Contract Change Order No. 49
for the New Fire Station No. 1 Project with Gonsalves & Stronck
Construction Company, Inc., for the relocation of the San José Firefighters
Memorial in the amount of $57,135, for a total contract amount of
$4,500,844. CEQA: Resolution No. 64273. Council District 3.
Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated May 2, 2001, recommending Council approve
said contract change order.
Discussion/Action: William J. Garbett spoke against the proposed action. Contract Change Order No. 49 with Gonsalves & Stronck Construction Company, Inc., was approved and execution of the change order authorized. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
2.11 Approval of a five-year property use
agreement, with one five-year option, with Sprint PCS, allowing for the
construction, installation, maintenance, and operation of telecommunications
facilities at 1661 and 2077 Airport Boulevard, at an annual base rent of
$60,000 plus $55 per square foot per year for floor
and shelf space, with yearly increases in base and square foot charges at the
greater of 4% or the rise in the Consumer Price Index. CEQA:
Exempt. Council District 3. (Public Works)
(Deferred
from 5/8/01 – Item 2.14 and 5/15/01 – Item 2.17)
Documents Filed: None.
Discussion/Action: This item was deferred to May 29, 2001.
2.12 TRACT NO. 9310 – Northeast corner of
Tully Road and Ruby Avenue – Robson Homes, LLC, A California Limited Liability
Company (Developer) – 8 single family detached residential units. Approval of a parkland agreement and
adoption of resolutions approving the plans, final map, contract, and water
main extension for Tract No. 9310.
CEQA: ND. Council District 8. (Public Works)
Documents
Filed: Memorandum from Acting Director
of Public Works Rajeev Batra, dated May 15, 2001, recommending Council adopt
said resolutions.
Discussion/Action: The parkland agreement with Robson Homes, LLC., was approved and execution of the agreement authorized; Resolution No. 70362, 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. 9310”; Resolution No. 70363, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9310”, Resolution No. 70364, 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. 9310”; and 70365, 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. 9310”, were adopted Vote: 9-0-2-0. Absent: Chavez, Diquisto.
END OF CONSENT CALENDAR
STRATEGIC SUPPORT SERVICES
3.2 Report
of the Rules Committee – May 9, 2001
Documents Filed: Rules Committee Report of May 9, 2001.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
The Committee referred Redevelopment Agency items to the Redevelopment Agency Board for action.
(b) City Council
(1) Review May 22, 2001 Draft Agenda
The Committee approved the May 22, 2001 City Council Agenda.
(2) Add New Items to May 15, 2001 Amended Agenda
The Committee recommended four additions to the May 15, 2001.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
The Committee recommended an addition to the May 23, 2001 Finance and Infrastructure Committee Agenda entitled, “General Airport Revenue Bonds, Series 2001A – Plan of Finance. (Finance Department)
(b) Economic Development and Environment Committee
None Presented.
(c) Education, Neighborhoods, Youth, and Seniors Committee
The Committee recommended an addition to the May 21, 2001 Education, Neighborhoods, Youth and Seniors Committee Agenda, entitled, “Approval of the Final Draft Auto Body Ordinance (Planning, Building and Code Enforcement).”
(d) Ad Hoc Traffic Calming Advisory Committee
None Presented.
(d) Meeting Schedules. Attachment: Memorandum from Redevelopment Agency Administrative Officer, Gary Miskimon, dated, May 1, 2001, requesting the Rules Committee to approve a Study Session on Downtown parking on May 24, 2001.
(1) Request to approve a Study Session on Downtown Parking on May 24, 2001, 1-4 p.m., Council Chambers. The Committee recommended approval of a Study Session on Downtown Parking to be held on May 24, 2001, 1:00 p.m. to 4:00 p.m. in Council Chambers, City Hall. (Redevelopment Agency)
(e) The Public Record – April 25 to May 1, 2001. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated May 3, 2001, listing the items transmitted to the Administration for the Public Record for the period April 25, 2001 to May 1, 2001.
The Committee noted and filed the Public Record for the period April 24 to May 1, 2001.
(f) Boards, Commissions and Committees
(1) Appoint two community representatives to the Airport Noise Monitoring Committee.
The Committee deferred this item to the May 16, 2001 Rules Committee meeting.
(2) Recommend 15 community organizations to be appointed to the Project Area Committee for the proposed Strong Neighborhood Initiative Redevelopment Project Area.
The Committee deferred this item to the May 16, 2001 Rules Committee meeting.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee.
None Presented.
(h) Administrative Reviews and Approval
None Presented.
(i) Oral communications
Teresa Ponce spoke in support of the San José Multicultural Artists Guild, one of the community organizations being considered for appointment to the Project Area Committee for the proposed Strong Neighborhoods Initiative. William Garbett commented on the affiliation of the City Council and the Redevelopment Agency.
(j) Adjournment
The meeting was adjourned at 2:30 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, the Rules Committee Report and actions of May 9, 2001 were accepted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
STRATEGIC SUPPORT SERVICES
3.3 Report
of the Finance and Infrastructure Committee – May 9, 2001
Documents Filed: Finance and Infrastructure Committee Report of May 9, 2001.
(a) Consent Items. Attachments: (1)
Memorandum from Director of Finance, Scott P. Johnson, dated April 23, 2001,
transmitting the Monthly Investment Report for March 2001. (2) Memorandum from Acting Director of Public Works
Rajeev Batra, dated May 1, 2001 attaching the report on unfunded capital
project staff costs for the period of July 1, 2000 through March 31, 2001.
(1) Monthly Investment Report for March 2001.
(2) Unfunded Projects Appropriation Report as of 3/31/01.
The Committee accepted the reports and approved the Consent Calendar Items.
(b) An Audit of the Pretreatment Source Control Inspection Program.
The Committee accepted the report.
(c) Oral petitions
Bill Garbett spoke on the Regional Water Quality Control Board and the canning industry. Ted Smith, Silicon Valley Toxics Coalition, spoke on the progress made by the Environmental Services Department, and expressed his concern over reducing any of the services.
(d) Adjournment
The meeting was adjourned at 3:35 p.m.
Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Finance and Infrastructure Committee Report and actions of May 9, 2001 were accepted. Vote: 9-0-2-0. Absent: Chavez, Diquisto.
3.4 Approval of a consulting services
agreement with Acuent for the upgrade of the Human Resources/Payroll System
from May 23, 2001 to June 30, 2002, in an amount not to exceed $897,200.
(Finance/Human
Resources/Information Technology)
Documents Filed: (1) Memorandum from Director of Finance Scott P. Johnson, Director of Human Resources Nona Tobin, and Chief Information Officer Wandzia Grycz, dated May 15, 2001, recommending Council approve the consulting services agreement. (2) Hard copy of staff presentation on the PeopleSoft System upgrade.
Discussion/Action: Director of Finance Scott P. Johnson, acknowledged the Payroll Project Executive Team comprised of Deputy City Manager Kay Winer, Chief Information Officer Wandzia Grycz, Budget Director Larry D. Lisenbee, Director of Human Resources Nona Tobin, and Andrew Heath, Human Resources Payroll Project Manager, and presented a comprehensive overview of the proposal for the upgrade of the Human Resources Payroll System, and the presence of Acuent representative Robert Krueger, available to respond to Council concerns related to his firm.
Using a slide presentation, Scott Johnson explained the need for the upgrade, what options exist to satisfy the needs for an upgrade, and how the upgrade will take place, along with the risks and opportunities associated with upgrades to PeopleSoft Versions 7.5 or 8.0. Starting with the issuance of the RFQ on March 16, 2001, he outlined the upgrade project timelines, described the upgrade strategy necessary to provide employees with accurate payroll information as of December 2001, and pointed out the results of the upgrade project proposal process. In recommending Council approve the consulting service agreement with Acuent for the upgrade to PeopleSoft Version 8.0, he stated Acuent is a PeopleSoft Partner since 1992 and has successfully completed more than 350 PeopleSoft upgrades and implementations, and that the consultant has had success in assisting public sector clients with PeopleSoft upgrades and implementations in Contra Costa County, Port of Seattle, and the City of Pasadena. He stated the City’s proposed agreement with Acuent provides for a seven-month upgrade process leading to an upgrade of the City’s PeopleSoft HRMS system by the end of December 2001. He stated the services performed under this agreement include an upgrade assessment and planning, system upgrade, system retrofit, system integration, and system upgrade deployment.
Resulting from Council discussion of the upgrade, Scott Johnson stated the report to Council will address all the concerns, including the security of the system, whether the independent auditor’s recommendations have been applied, and extensive evaluations of PeopleSoft systems used by other large employers – public and private corporations. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, the consulting services agreement with Acuent was approved and execution of the agreement authorized, with the Administration directed to (a) provide Council with the independent auditor’s recommendations on the existing payroll system and necessity to upgrade; (b) report to Council