City Council Meeting Minutes, 6-12-01

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, JUNE 12, 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, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

Absent: Council Members - Chavez (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 (1) In re Gube, (2) In re Trubshaw, (3) Cossell, et al. v. City of San José, et al., (4) Santa Clara Valley Transportation Authority v. 1868 Capital Avenue Housing; and (5) Wing and A Prayer, Inc. v. City of San José; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation, and two matters involving the initiation of litigation; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: City Negotiator: City Manager designee Alex Gurza; Employee Organization: International Association of Firefighters.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:55 a.m. and reconvened at 1:36 p.m. in the Council Chambers.

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

Absent: Council Members - None.

Invocation

The Cory Academy Choir, comprised of 40 second grade students from the Cory Elementary School, performed a medley of songs under the direction of Music Teacher, Jo Anne Warburton, and Program Administrator Sandy Wun. Accompanied by parent chaperones Linda Funk and Sandra Recio, the following students participated: Ariana Andino, Corrina Autra, Ramiro Bejinez, Nina Bradley, Mercedes Calles, Erika Chavez, Jasmin Collins, Joel De Alba, Tammy Do, Adriana Doyle, Karri Funk, Luis Garcia, Mary Gonzalez, Monica Guzman, Isis Harris, Katelyn Harris, Taylor Jackson, Crystal Kampschaefer, Aine Kline, Michelle Lopez, Ashley Lyons, Caitlin Miller, Edgar Pacheco, Jazmin Pono, Frankie Pursley, Pamela Recio, Amy Roberts, Ariel Romero, Angela Salcedo, Kenneth Savage and Taylor Turner. (District 6)

Pledge of Allegiance

Mayor Gonzales led the Pledge of Allegiance.

Orders of the Day

Upon motion by Council Member Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.

CEREMONIAL ITEMS

1.1 Presentation of the Annual Redevelopment Agency Employee Recognition Awards. (Redevelopment Agency)

(Rules Committee referral 6/6/01)

Documents filed: None.

Discussion/Action: Mayor Gonzales was joined by Redevelopment Executive Director Susan Shick, for presentation of Employee Recognition Awards to Administrative Assistant Maryann Gibbons, Senior Development Officer of Neighborhood and Industrial Development Anne Stedler; Project Manager of the Project Management Division, Dolores Montenegro; Development Specialist of the Housing & Real Estate Division, Eva Klinger; Accounting Technician of the Finance and Administrative Division, Holly Le; Senior Landscape Architect of the Project Management Division, Martin Flores, and Senior Development Officer of the Downtown Management Division, Kelly Kline.

CONSENT CALENDAR

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.

2.1 Approval of City Council Minutes for:

(a) Regular Meeting of March 13, 2001

(b) Joint City Council/Redevelopment Agency Board Meeting of March 13, 2001

Documents filed: Regular Minutes and Joint Council/Redevelopment Agency of March 13, 2001, and Regular Minutes of March 20, 2001.

Discussion/Action: The minutes were approved. Vote: 11-0-0-0.

2.2 Final adoption of ordinances:

(a) ORD. NO. 26398 - Amending Chapter 4.04 of Title 4 of the San José Municipal Code by adding a new Section 4.04.055 to authorize the City Manager, City Attorney, City Auditor, and City Clerk to approve minor amendments to contracts previously approved by the City Council which involve no increase in compensation: to extend the term up to 6 consecutive months, to make minor revisions to scopes of services and to make clerical corrections; and to approve assignments of contracts.

(b) ORD. NO. 26399 – Amends Section 4.46.039.5 of Chapter 4.46, Section 4.47.092 of Chapter 4.47, Section 4.54.038 of Chapter 4.54, and Section 4.64.035 of Chapter 4.64 of Title 4 of the San José Municipal Code, to extend the suspension of collection of taxes imposed under such chapters for new construction of housing for very low income households to June 30, 2006.

Documents filed: Proofs of publication of title of Ordinance Nos. 26398 and 26399, executed on June 5, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance Nos. 26398 and 26499 were adopted. Vote: 11-0-0-0.

2.3 Adoption of a resolution authorizing the reorganization of territory designated as Lick No. 27, which involves the annexation to the City of San José of 148.8 acres of land, located east of Zanker Road, west of Coyote Creek, north and south of SR-237 and generally bounded by the City of San José Annexation #735 – Lick No. 6, the City of San José Annexation #1960 – Lick No. 17, the City of Milpitas Annexation 1986-Lick No. 2, and the detachment of the same from the appropriate special districts including the Central Fire Protection District, County Library Service Area, and Santa Clara Valley County Water. CEQA: Resolution No. 70259. Council District 4. (Planning, Building and Code Enforcement)

(Deferred from 5/29/01 – Item 2.12)

Documents filed: None.

Discussion/Action: This item was deferred to June 19, 2001.

2.4 Approval of a first amendment to the agreement with Bevilacqua-Knight Inc., for the preparation of studies, analyses, and tasks to assist with complying with the Airport Master Plan Mitigation and the California Air Resources Board certification of the Master Plan, increasing maximum compensation by $50,000, from $50,000 to $100,000, and extending the term through June 30, 2002. (Airport)

Documents filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 21, 2001, recommending approval of a first amendment to said agreement with Bevilacqua-Knight Inc., for said project.

Discussion/Action: The first amendment to said agreement with Bevilacqua-Knight Inc., was approved and its execution authorized. Vote: 11-0-0-0.

2.5 Approval of the amendments to the service center ground leases with Avis Rent A Car System, Inc., Budget Rent A Car Systems, Inc., Dollar Rent A Car Systems, Inc., and The Hertz Corporation, and the fifth amendment to the ground lease with National Car Rental System, Inc., to add temporary car storage space for each company, with annual estimated combined revenue to the City of $295,487. CEQA: Resolution No. 67380. (Airport)

Documents filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 21, 2001, recommending approval of amendments to said service center ground leases.

Discussion/Action: The amendments to service center ground leases with Avis Rent A Car System, Inc., Budget Rent A Car Systems, Inc., Dollar Rent A Car Systems, Inc., and The Hertz Corporation, and the fifth amendment to the ground lease with National Car Rental System, Inc., were approved and their execution authorized. Vote: 11-0-0-0.

2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the lease agreement for airport premises with United Airlines Inc. for Terminal C office space, to extend the term from August 1, 2001 to November 30, 2007, with projected annual revenue to the City in the amount of $10,000/FY00-01. CEQA: Resolution No. 67380. (Airport)

Documents filed: None.

Discussion/Action: Council Member Yeager expressed concerns about the number of curfew violations by United Airlines and asked Staff to recommend remedial steps before contracts come to Council. Upon motion by Council Member Yeager, seconded by Council Member Diquisto, and unanimously carried, the item was deferred to June 26, 2001, and the City Attorney directed to provide Council with methods available to secure compliance.

2.7 Adoption of a resolution authorizing the replacement of a bond referred to as: Bond Owner, Kenneth H. Stringfellow & Myrtle A. Stringfellow Trust; Bond Lost, Certificate No. 853; Issue, City of San José Improvement District No. 83-176SJ CUSIP Number 798160JK4; Date Lost, Unknown; Principal, $5,000; and, Trustee/Payee Agency & Indemnity Bond Company, U.S. Bank, N.A. Seabord Surety Company. (Finance)

Documents filed: Memorandum from Finance Director Scott P. Johnson, dated May 21, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70404, entitled: “A Resolution of the Council of the City of San José Authorizing the Issuance of Replacement Bond Certificate”, was adopted. Vote: 11-0-0-0.

2.8 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #47, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents filed: Memorandum from Acting Director of General Services, Fran B. McVey, dated May 21, 2001, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List No. 47 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.

2.9 Adoption of a resolution authorizing the Director of General Services to negotiate and execute an amendment to the agreement with Helen Streck, dba C & H Solutions to:

(a) Extend the term of the agreement to June 30, 2002; and

(b) Add to the scope of work for Phase III deliverables; and

(General Services)

Documents filed: Memorandum from Acting Director of General Services, Fran B. McVey, dated May 21, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70405, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Agreement with Helen Streck, dba C&H Solutions, for Records and Information Management Project – Phase III”, as adopted. Vote: 11-0-0-0.

2.10 Report on bids and award the purchase of two (2) tractors with backhoes for the Department of Transportation to the lowest responsive bidder, GCS Western Power (Hayward), at a total cost of $126,380.72, including tax, and authorization for the Director of General Services to execute the purchase order for the:

(a) Immediate purchase of two (2) units; and

(b) Subsequent purchase of additional units at the same bid price without further Council action other than the appropriation of necessary funds.

(General Services)

Documents filed: Memorandum from Acting Director of General Services, Fran B. McVey, dated May 21, 2001, recommending award of said purchase to the lowest responsive bidder, GCS Western Power.

Discussion/Action: The award of said purchase to the lowest responsive bidder, GCS Western Power, was approved and its execution authorized. Vote: 11-0-0-0.

2.11 Adoption of a resolution authorizing the Director of General Services to negotiate and execute an amendment to the contract with Millar Elevator Service Company to increase compensation for supplemental services, for unexpected repairs from $10,000 to $20,000, for the option period December 1, 2000 to November 30, 2001, for a total contract amount during the option period not to exceed $162,266. (General Services)

Documents filed: Memorandum from Acting Director of General Services, Francis McVey, dated May 21, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70406, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Agreement with Millar Elevator Service Company for Elevator and Escalator Maintenance”, was adopted. Vote: 11-0-0-0.

2.12 Approval to amend the term of the existing agreement with The Billy DeFrank Lesbian and Gay Community Center, from July 1, 2001 to June 30, 2002, at no additional cost. Council District 6. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, recommending approval of the amendment to said agreement with The Billy DeFrank Lesbian and Gay Community Center.

Discussion/Action: The amendment to said agreement with The Billy DeFrank Lesbian and Gay Community Center was approved and its execution authorized. Vote: 11-0-0-0.

2.13 Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement with Community Foundation Silicon Valley on behalf of the University Neighborhoods Coalition for implementation of the University Neighborhood Revitalization Plan, in an amount not to exceed $360,210, for the period December 1, 1999 to June 30, 2002. Council District 3. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70407, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Continuation Agreement Continuing a Grant Agreement with Community Foundation Silicon Valley on Behalf of the University Neighborhoods Coalition”, was adopted. Vote: 11-0-0-0.

2.14 Report on bids and award of contract for the Central Service Yard Emergency Generator Project to the low bidder, Steiny and Co., Inc., in the amount of $270,620, and approval of a contingency in the amount of $30,000. CEQA: Exempt. (Public Works)

Documents filed: None.

Discussion/Action: This item was deferred to June 26, 2001.

2.15 Report on bids and award of contract for the Conventions, Arts and Entertainment - Door Hardware Package Project to the low bidder, Electronic Lock Services, for the base bid and Add Alternate Nos. 1 and 2, in the amount of $184,894.65, and approval of a contingency in the amount of $10,000. CEQA: Exempt. Council District 3. (Public Works)

Documents filed: Memoranda from Acting Director of Public Works, Rajeev Batra, dated May 21 and June 5, 2001, recommending award of said contract and related contingency to the low bidder, Electronic Lock Services.

Discussion/Action: The award of said contract to the low bidder, Electronic Lock Services and related contingency were approved and their execution authorized. Vote: 11-0-0-0.

2.16 Approval of a continuation of the amended master agreement for landscape architectural consultant services with the beals group, inc. for various park and recreational projects, for an extension of time, from March 31, 2001 to January 31, 2002, at no additional cost to the City. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated May 21, 2001, recommending approval of said continuation of the amended master agreement with beals group, inc.

Discussion/Action: The continuation to the amended master agreement with beals group, inc., was approved and its execution authorized. Vote: 11-0-0-0.

2.18 Approval of appointments to the Downtown Parking Board. (Mayor)

(Rules Committee referral 6/6/01)

Documents filed: Memorandum from Mayor Ron Gonzales, dated June 8, 2001, recommending appointment to the Downtown Parking Board: Andrew Bales, as the Arts and Events Representative; and reappointment of Mike Ellzey, At-Large member, and current Chair, Ric Abeyta, San José State University representative and current Vice Chair; Janis Gemignani, At-Large member.

Discussion/Action: Council approved the appointment of Andrew Bales to the Downtown Parking Board as Arts and Events Representative; and reappointed Mike Ellzey, At-Large member, and current Chair; Ric Abeyta, San José State University representative and current Vice Chair, and Janis Gemignani, At-Large Member. Vote: 11-0-0-0.

2.19 Approval to initiate a General Plan Amendment to the Land Use Transportation Diagram from medium density residential to medium low density residential, for an area generally bounded by Elm St., Emory, Stockton, West Taylor, The Alameda, and West Hedding. (Yeager)

(Rules Committee referral 6/6/01)

Documents filed: Memorandum from Council Member Yeager, dated May 31, 2001, to the Rules Committee, requesting the initiation of a General Plan amendment be placed on the Council agenda.

Discussion/Action: The General Plan amendment to the Land Use Transportation Diagram from Medium Density to Medium Low Density Residential for said parcel was approved. Vote: 11-0-0-0.

2.20 (a) Adoption of a resolution initiating proceedings and setting June 26, 2001, at 7:00 p.m. for a public hearing on the reorganization of territory designated as Riverside No. 49 which involves the annexation to the City of San José of approximately 10.47 acres of land, located on the westerly side of Monterey Highway, between Metcalf and Blanchard Roads and the detachment of the same from the Central Fire Protection District and County Library Service Area. CEQA: Resolution No 65459.

(b) Adoption of a resolution initiating proceedings and setting June 26, 2001, at 1:30 p.m. for Council consideration on the reorganization of territory designated as Edenvale No. 22 which involves the annexation to the City of San Jose of 43.7 gross acres, located at the north side of Hillsdale Avenue opposite Vistapark Drive and the detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area. CEQA: Resolution No. 70194.

(Planning, Building and Code Enforcement)

(Rules Committee referral 6/6/01)

Documents filed: Memoranda from Director of Planning, Building and Code Enforcement, James R. Derryberry, both dated June 6, 2001, recommending adoption of said resolutions.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 70408, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Riverside No. 49 and Described Herein, and Giving Notice of Hearing on the Proposed Reorganization and Written Protests”; and Resolution No. 70409, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Edenvale No. 22 and Described Herein, and Setting the Date and Place for Council Consideration of Such Reorganization”, were adopted. Vote: 11-0-0-0.

END OF CONSENT CALENDAR

2.17 Adoption of a resolution:

(a) Authorizing the City Manager to negotiate and execute an agreement with Alta Transportation Consulting, Inc., a California corporation, for school access enhancement services, for the period June 1, 2001 to May 31, 2002, in an amount not to exceed $250,000.

(b) Authorizing the City Manager to exercise three one-year options to extend the term of the agreement with Alta Transportation Consulting, Inc., a California corporation, at an adjustment rate equal to the Consumer Price Index for the San Francisco-Oakland-San José area, not to exceed seven percent (7%) per year, for a total amount not to exceed $860,000, without further Council action other than the appropriation of necessary funds.

(Transportation)

Documents filed: Memorandum from Director of Transportation Wayne K. Tanda, dated June 4,2001 recommending adoption of said resolution.

Discussion/Action: Council Member Reed stated the Traffic Calming Committee discussed at length this issue as it relates to safe schools and walking routes to schools and felt that four years is too long to look at the schools and once the study is done, questioned what the City and school responsibilities are. and what is the schools responsibility, and questioned how schools and districts will react. He moved approval of the first $250,000 and asked Staff to report back in 6-9 months the results of the study, what implementation has taken place, and its effectiveness in addressing safety issues, and to have Staff bring the remainder of the contract back to Council. Council Member Dando seconded the motion. City Attorney Doyle suggested Council approve the contract, with a provision included that would allow the options to exist but not be exercised without Council authorization. Council Members Reed and Dando agreed to the amendment to the motion. Mayor Gonzales expressed concerns about the schools making the assessments as to which schools need priority treatment, emphasizing the City’s focus from an engineering perspective should be on the schools having the greatest impact on the surrounding neighborhood, which is a different criteria than schools would have. He requested assessments be mutually decided on, starting with the schools which have the worst impact on traffic flow in the neighborhood and have the worst safety conditions, considering traffic circulation, traffic calming and pedestrian flow and safety, and that these issues be addressed when the issue comes back to Council. Council Member Dando stated Council offices are often the first to learn of safety issues in the neighborhoods and therefore, should be involved in the assessment process. On a call for the question, the motion carried, to approve Part (a) as proposed, and approve Part (b) with a provision that the options could not be exercised without Council authorization; and Staff was directed to work with the School Districts to establish a process of mutual assessment to determine which schools warrant priority status, and Resolution No. 70410, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Alta Transportation Consulting, Inc., for School Access Enhancement Engineering Services in an Amount Not to Exceed $250,000, with an Option to Exercise Three (3) One-Year Options to Extend the Agreement Term at a Total Additional Cost Not to Exceed $860,000”, was adopted. Vote: 11-0-0-0.

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – May 30, 2001

Vice Mayor Shirakawa, Jr., Chair

Documents filed: Rules Committee report of May 30, 2001.

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

(b) City Council

(1) Review June 12, 2001 Draft Agenda

The Committee approved the June 12, 2001 Council agenda.

(2) Add New Items to June 5, 2001 Amended Agenda

The Committee recommended five additions to the June 5, 2001 City Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee - None filed.

(b) Economic Development and Environment Committee

The Committee recommended an addition to the June 4, 2001 agenda, entitled: “Status Report on the implementation of the 1999-04 five-year spending and operations plan for affordable housing.”

(d) Ad Hoc Traffic Calming Advisory Committee. Attachment: Revised agenda for the June 14, 2001 Traffic Calming Advisory Committee.

The Committee recommended an addition to the June 14, 2001 agenda, entitled: “Review of NASCOP Police (Transportation).”

(d) Meeting Schedules

(1) Confirm Study Session on Mixed Use/Retail to be held on June 7, 2001, 8 a.m.-noon, in Council Chambers

The Committee confirmed scheduling a Redevelopment Agency Study Session on Mixed Use/Retail on June 7, 2001, 8:00 a.m. to noon in Council Chambers.

(e) The Public Record – May 16 to May 22, 2001 Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated May 24, 2001, listing the items transmitted to the Administration and those items filed for the Public Record for the period May 16-22, 2001.

The Committee noted and filed the Public Record.

(f) Boards, Commissions and Committees - There were none.

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

(1) Referral to the City Manager and City Attorney to study several issues related to rental and tenant housing issues and report back to the Economic Development and Environment Committee. Attachment: Memorandum from Mayor Gonzales and Council Member Williams, dated May 24, 2001, regarding rent increase notification period, landlord-tenant mediation and public outreach.

The Committee referred the issues to the City Manager and the City Attorney and directed the City Manager to report back to the Rules Committee on June 13, 2001, regarding an assessment of the time and resources involved to complete the request.

(h) Administrative Reviews and Approval - There were none.

(i) Oral communications

William Garbett commented on meeting cancellations and City hiring policies.

(j) Adjournment

The meeting adjourned at 2:50 p.m.

Discussion/Action: William J. Garbett spoke about the oral communications process. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Rules Committee report and actions of May 30, 2001, were accepted. Vote: 11-0-0-0.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Adoption of a resolution approving business terms for:

(a) An acquisition/predevelopment loan of up to $1,230,478 and a conditional loan of up to $750,000 to Charities Housing Development Corporation (CHDC), or its designated affiliate for the development of the 25-unit HomeSafe-San José housing project affordable to extremely low-income households.

(b) Approving an additional fund reservation of up to $2,519,522 for construction financing for the project.

Council District 5. (Housing)

Documents filed: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated May 23, 2001, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Diquisto, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Resolution No. 70411, entitled: “A Resolution of the Council of the City of San José (i) Approving up to $1,230,478 for an Acquisition and Predevelopment Loan and a $750,000 Conditional Grant to Charities Housing Development Corporation or their Designated Limited Partnership for the Development of a 25 Unit Rental Housing Project Affordable to Extremely Low Income Persons and Families, (ii) Approving a Fund Reservation of up to $2,519,522 for Construction of the Project and (iii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents on Behalf of the City”, was adopted. Vote: 11-0-0-0.

4.3 Adoption of a resolution approving the increase of the income limit from 110% to 120% of Area Median Income for households to receive City second-mortgage assistance in the Crescent Parc Project (formerly Midtown Townhouse), located on the north side of Auzerais Avenue, between Meridian Avenue and Race Street. Council District 6. (Housing)

Documents filed: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated May 21, 2001, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Diquisto, and unanimously carried, Resolution No. 70412, entitled: “A Resolution of the Council of the City of San José Approving Increasing the Income Limit from 110% to 120% of Area Median Income (AMI) for Households who Receive City Second Mortgage Assistance in the Crescent Parc (Formerly Midtown Townhouses) Project, Located on the North Side of Auzerais Avenue, Between Meridian Avenue and Race Street”, was adopted. Vote: 11-0-0-0.

4.4 Approval of agreements with the City of Campbell for the City of San José to provide services listed below for the period June 12, 2001 to December 31, 2002:

(a) Materials Testing Services in an amount not to exceed $450,000;

(b) Construction Inspection Services in an amount not to exceed $280,000; and

(Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated May 21, 2001, recommending approval of said agreements with the City of Campbell.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams, and unanimously carried, the agreements with the City of Campbell for said services were approved and their execution authorized. Vote: 10-0-1-0. Absent: Reed.

4.5 Adoption of a resolution approving an additional fund reservation of up to $565,000, for a total City funding commitment of $2,514,000, to ROEM Development Corporation, or its designated partnership, for the development of the 49-unit Phase II of the Monte Vista Gardens Senior Apartments development with units affordable to low- and very low-income households on a 1.24-acre site located on the west side of South Capitol Avenue, north of Lombard Avenue. Council District 5. CEQA: Negative Declaration. (Housing)

(Rules Committee referral 6/6/01)

Documents filed: Memorandum from Acting Director of Housing, Leslye Corsiglia, dated May 21, 2001, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Williams, and unanimously carried, Resolution No. 70413, entitled: “A Resolution of the Council of the City of San José Approving a Fund Reservation of up to $565,000, for a Total City Funding Commitment of $2,514,000, to Roem Development Corporation, or its Designated Partnership, for the Development of the 49-Unit Phase II of the Monte Vista Gardens Senior Apartments Development with Units Affordable to Low- and Very Low-Income Households on a 1.24 Acre Site Located on the West Side of South Capitol Avenue, North of Lombard Avenue”, was adopted. Vote: 10-0-1-0. Absent: Reed.

RECREATION & CULTURAL SERVICES

5.2 (a) Approval of an agreement with the County of Santa Clara accepting a Community Based Aftercare Program subgrant in the amount of $900,000, for the period May 15, 2001 through June 30, 2002.

(b) Adoption of a resolution authorizing the City Manager to negotiate and execute grant agreements with service providers to provide services to Parents and At-Risk Youth, in an amount not to exceed $800,000.

(Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Mark Linder, dated May 25, 2001, recommending approval of said agreement with the County of Santa Clara and adoption of said resolution.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto, and unanimously carried, the agreement with the County of Santa Clara for said program was approved and Resolution No. 70414, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Grant Agreements with Service Providers for Services to Parents and At-Risk Youth in an Amount Not to Exceed $800,000”, was adopted. Vote: 10-0-1-0. Absent: Reed.

TRANSPORTATION SERVICES

6.2 Report on bids and award of contract for the Meridian Avenue Soundwall Project, a sound barrier from Portobello Drive to Route 85, to the low bidder, George Bianchi Construction, Inc., in the amount of $167,902, and approval of a contingency in the amount of $16,800. CEQA: Exempt. Council District 9. (Public Works)

Documents filed: Memoranda from Acting Director of Public Works, Rajeev Batra, dated May 21 and June 4, 2001, recommending award of said contract to the low bidder, George Bianchi Construction, Inc. and approval of said contingency.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member LeZotte, and unanimously carried, the award of said contract and related contingency to the low bidder, George Bianchi Construction, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

ENVIRONMENTAL & UTILITY SERVICES

7.1 PUBLIC HEARING on the Commercial Solid Waste Collection Franchise application of All Points Roll Off, Inc., approval of ordinance granting the franchise, and approval of Commercial Solid Waste Collection Franchise agreement with All Points Roll Off, Inc. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 21, 2001, recommending approval of said ordinance granting the franchise and approval of the franchise agreement with All Points Roll Off, Inc. (2) Notice of Public Hearing, dated May 22, 2001, and Proof of Publication of Notice, executed June 1, 2001, submitted by the City Clerk.

Discussion/Action: The Public Hearing was opened and there was no testimony from the floor. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Public Hearing was closed, the Commercial Solid Waste Collector Franchise agreement with All-Points Roll-Off, Inc., was approved, and Ordinance No. 26410, entitled: “An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to All Points Roll-Off, Inc., was passed for publication. Vote: 11-0-0-0.

7.2 Acceptance of the report and authorization of the submission of the comments to the San Francisco Bay Regional Water Quality Control Board addressing the proposed New Development and Redevelopment Requirements of the Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, dated May 18, 2001. (Environmental Services)

Documents filed: Memorandum from Environmental Services Director Carl W. Mosher, Planning Director James R. Derryberry, Acting Planning Director Rajeev Batra, and Transportation Director Wayne Tanda, dated June 7, 2001, transmitting the report on the New Development and Redevelopment Requirements of the Santa Clara Valley Urban Runoff program Storm Water Permit and authorization to submit comments to the San Francisco Bay Regional Water Quality Control Board.

Discussion/Action: Amy Glad, Home Builders Association of Northern California, and Jim Tucker, San José Silicon Valley Chamber of Commerce, spoke in support of the proposal. Upon motion by Council Member Cortese, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the report was accepted and submission of the comments to the San Francisco Bay Regional Water Quality Control Board was authorized. Vote: 11-0-0-0.

7.3 PUBLIC HEARING and approval of an ordinance establishing an Underground Utility District at King Road, from Story Road to Marsh Street. CEQA: Exempt. Council District 7. (Public Works)

Documents filed: (1) Memorandum from Acting Director of Public Works, Rajeev Batra, dated June 5, 2001, recommending approval of said ordinance. (2) Notice of Public Hearing and Certificate of Mailing, executed May 16, 2001, submitted by the Department of Public Works.

Discussion/Action: The Public Hearing was opened and there was no testimony from the floor. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Ordinance No. 26411, entitled: “An Ordinance of the City of San José Establishing an Underground Utility District at King Road form Story Road to Marsh Street”, was passed for publication. Vote: 11-0-0-0.

7.4 Report on bids and award of contract for the Almaden Boulevard Sanitary Sewer Rehabilitation Project to the low bidder, Wesco Infrastructure Technologies, in the amount of $683,105, and approval of a contingency in the amount of $69,000. CEQA: Exempt. Council District 3. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated May 21, 2001, recommending award of said contract with related contingency to the low bidder, Wesco Infrastructure Technologies.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the award of said contract to the low bidder, Wesco Infrastructure Technologies, and related contingency, were approved and their execution authorized. Vote: 11-0-0-0.

PUBLIC SAFETY SERVICES

9.1 Award the purchase of defibrillator/monitors for the Fire Department to Medtronic Physio-Control, for a total cost of $1,300,392.20, including tax, and authorization for the Director of General Services to execute the purchase order for the:

(a) Immediate purchase of 51 defibrillator units and accessories; and

(b) Subsequent purchase of defibrillators and accessories at the same unit price without further Council action other than appropriation of necessary funds.

(General Services)

Documents filed: Memorandum from Acting Director of General Services Francis B. McVey dated May 9, 2001 recommending said award to Medtronic Physio-Control and authorization for the Director of General Services to execute the purchase orders.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the award of said purchase to Medtronic Physio-Control and authorization for the Director of General Services to execute the purchase orders was approved. Vote: 11-0-0-0.

JOINT COUNCIL/REDEVELOPMENT AGENCY

The Council of the City of San José convened the Redevelopment Agency Board at 2:35 p.m. to consider items 10.1 and 10.2 in a Joint Session. (Items 10.1 and 10.2 were heard together.)

10.1 Approval of the Mayor’s Proposed Budget Modifications for the City of San José and the Redevelopment Agency of the City of San José for Fiscal Year 2001-2002. (Mayor)

10.2 (a) Adoption of resolutions by the City Council approving:

(1) Operating Budget for Fiscal Year 2001-2002 for the City of San José.

(2) Capital Budget for Fiscal Year 2001-2002 for the City of San José.

(3) Five (5) Year Capital Improvement Program for Fiscal Year 2002-2006 for the City of San José.

(4) Adoption of a resolution establishing the Schedule of Fees and Charges for Fiscal Year 2001-2002.

(5) Adoption of a resolution establishing fees and charges for recreational and park activities.

(b) Adoption of resolutions by the Agency Board approving:

(1) Operating Budget for Fiscal Year 2001-2002 for the Redevelopment Agency of the City of San José.

(2) Capital Budget for Fiscal Year 2001-2002 for the Redevelopment Agency of the City of San José.

(3) Five (5) Year Capital Improvement Program for Fiscal Year 2002-2006 for the Redevelopment Agency of the City of San José.

(City Manager’s Office/Redevelopment Agency)

Documents filed: (1) Mayor Gonzales’ Proposed Budget Modifications message dated June 6, 2001, providing directions to City Council Appointees for purposes of adopting a final budget for FY 2001-2002 and authorizing the City Manager and Redevelopment Director to negotiate and execute any specific contracts in that direction; and recommending changes to Manager’s Budget Addenda (MBAs) Nos. 1, 3, 30, 33, 35, 37, 42, 45, 46 and 47 for incorporation into the Adopted Budget, except to the extent any are superseded by the contents of the Mayor’s Budget Message. (2) Memorandum from Vice Mayor Shirakawa, Jr., dated June 12, 2001, presenting recommendations of the Healthy Venture Neighborhoods Fund (HVNF) Committee for HVNF Cycle 2 funding as follows: (a) Shifting $442,510 from the Anti-Tobacco Health Category into the Education/Health Category; (b) Not funding Project 120; (c) Increase funding for Project 133 to $182,639; and (d) Funding $175,000 for Project 128; and referring the subsequent budget shortfall of $193,278 to the City Manager and Mayor’s Budget Office for resolution. (3) Notice of Public Hearings, dated May 1 and 16, 2001, and Proof of Publication of Hearing Notices, executed May 8 and 18, 2001, submitted by the City Clerk. (A) FISCAL YEAR 2001-2002 BUDGET DOCUMENTS: (1) Memorandum from Joe Guerra, Mayor’s Budget and Policy Director, dated May 1, 2001, providing directions for the Review process prior to the Mayor’s Budget Message and the formal budget adoptions. (2) Memorandum from Vice Mayor Shirakawa, Jr., dated May 22, 2001, recommending funding to improve Towers Lane from Aborn Road. (3) Memorandum from Council Members Reed, Campos, Dando, Williams and Cortese, dated May 14, 2001, recommending a matching grant for the Vietnamese Cultural Heritage Garden at Kelley Park. (4) Memorandum from Vice Mayor Shirakawa, Jr., dated May 14, 2001, recommending funding for Athletic Field Improvements at the Andrew Hill High School. (5) Memorandum from Vice Mayor Shirakawa, Jr., dated May 14, 2001, recommending funding for an After School Computer Program at Fair Middle School. (6) Memorandum from Vice Mayor Shirakawa, Jr., dated May 14, 2001, recommending funding for an Improvement Project at Seven Tree’s Neighborhood. (7) Memorandum from Vice Mayor Shirakawa, Jr., dated May 14, 2001, recommending funding for Infrastructure Improvements on the north side of Hillsdale Avenue. (8) Memorandum from Council Member Reed, dated May 14, 2001, recommending funding for Elizabeth Street Improvements in Alviso. (9) Memorandum from Council Members Reed, Diquisto, Dando and Cortese, dated May 14, 2001, recommending funding for a Wildland Interface Program Director in the Fire Department. (10) Memorandum from Council Member Campos, dated May 10, 2001, recommending funding for Pedestrian/Bicycle Bridge over Lower Silver Creek. (11) Memorandum from Council Member Reed, dated May 16, 2001, recommending funding for a Hybrid Playground at Brooktree Park. (12) Memorandum from Council Member Reed, dated May 16, 2001, recommending reserve and contingency funding for a Storm Drain Master Plan in Alviso. (13) Memorandum from Council Member Reed, dated May 16, 2001, recommending funding for completion of the Alviso Youth Center. (14) Memorandum from Council Member Reed, dated May 16, 2001, recommending funding for Median Island Landscaping on Berryessa Road/Sierra Road. (15) Memorandum from Council Member Williams, dated May 15, 2001, recommending funding for design and consultation services for a new Community Center at Davis Intermediate School. (16) Memorandum from Council Member Williams, dated May 15, 2001, recommending funding for Median Island Landscaping on Santa Teresa Boulevard from Blossom Hill to Cottle Road. (17) Memorandum from Council Member Williams, dated May 15, 2001, recommending funding for District 2 Office Carry-Over. (18) Memorandum from Council Member Williams, dated May 15, 2001, recommending funding for Pavement Improvements on Lean Avenue from Cherry Blossom Drive to Lime Blossom Court. (19) Memorandum from Council Member Williams, dated May 15, 2001, recommending funding for the Affribean 2001 Musical and Cultural Festival. (20) Memorandum from Council Member Campos, dated May 21, 2001, recommending funding for the Camp Fire Boys and Girls’ Adventuring-with-Leadership Program. (21) Memorandum from Council Member Campos, dated May 21, 2001, recommending funding for District Five School Street Lighting. (22) Memorandum from Council Member Campos, dated May 18, 2001, recommending funding for PG&E Easement at Wenlock Drive. (23) Memorandum from Vice Mayor Shirakawa, Jr., dated May 21, 2001, recommending funding for Council District 7 Office Budget Roll-Over. (24) Memorandum from Council Member Reed, dated May 17, 2001, recommending funding an outreach program at the Office on Aging for the Senior Nutrition Program at the Northside Community Center. (25) Memorandum from Council Member Reed, dated May 23, 2001, recommending funding augmentation of Independent Police Auditor for community outreach. (26) Memorandum from Council Members Reed and Chavez, dated May 23, 2001, recommending Redevelopment funding for traffic calming at the Northside Community Center. (27) Memorandum from Council Members Reed and Williams, dated May 21, 2001, recommending funding for roof repair of the African American Community Service Agency. (28) Memorandum from Council Member Reed, dated May 16, 2001, recommending funding for relocation of a soccer field in Alviso Park. (29) Memorandum from Council Members Reed, Chavez, LeZotte and Campos, dated May 17, 2001, recommending funding augmentation for City Council Office budgets. (30) Memorandum from Council Members LeZotte and Chavez, dated May 22, 2001, recommending funding for the Tooth Mobile Project. (31) Memorandum from Council Member LeZotte, dated May 22, 2001, recommending funding for the Asian American Recovery Services’ Project Crossroad. (32) Memorandum from Council Member LeZotte, dated May 22, 2001, recommending funding for the Comprehensive Emergency Assistance Program at Cupertino Community Services. (33) Memorandum from Council Member LeZotte, dated May 22, 2001, recommending funding for Gleason Avenue Streetscape. (34) Memorandum from Council Member LeZotte, dated May 22, 2001, recommending funding for Traffic Calming on Eden Avenue. (35) Memorandum from Council Member Campos, dated May 23, 2001, recommending funding for Council District 5 Office Budget Carry-Over. (36) Memorandum from Vice Mayor Shirakawa, Jr., dated May 23, 2001, recommending funding for Phelan Avenue Infrastructure Improvements. (37) Memorandum from Vice Mayor Shirakawa, Jr., dated May 23, 2001, recommending funding for South Seventh Street Infrastructure Improvements. (38) Memorandum from Council Member LeZotte, dated May 23, 2001, recommending funding for West Valley Library Replacement. (39) Memorandum from Council Member LeZotte, dated May 23, 2001, recommending funding for a Community Garden at Latimer Elementary School. (40) Memorandum from Council Member LeZotte, dated May 23, 2001, recommending funding for a Council District 1 Teen Center. (41) Memorandum from Council Member LeZotte, dated May 23, 2001, recommending funding for Council District 1 Rebudget. (42) Memorandum from Council Members LeZotte and Reed, dated May 21, 2001, recommending funding for Our City Forest for tree plantings. (43) Memorandum from Council Member LeZotte, dated May 21, 2001, recommending funding for Williams Road and Boynton Avenue Sidewalks. (44) Memorandum from Council Member LeZotte, dated May 21, 2001, recommending funding for Boynton Avenue Sidewalk at Stevens Creek Boulevard. (45) Memorandum from Council Member Williams, dated May 23, 2001, recommending funding for Sakamoto School Outdoor Eating Improvements. (46) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Hammer Montessori School Playground Improvements. (47) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Camden Community Center Fitness Equipment Replacement. (48) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Union Avenue Traffic Relief/Ross Creek Culvert Widening. (49) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Camden Avenue Median Landscaping from Blossom Hill to Kooser. (50) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Renovation of Irrigation System at Paul Moore Park. (51) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Council District 9 Office Rebudget. (52) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Camden Teen Center Computer Expansion for Intergenerational Computer Literacy Program. (53) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Oster Elementary School Playground Renovations. (54) Memorandum from Council Member Diquisto dated May 22, 2001, recommending funding for Senior Internet Days and Pilot Program at Kirk Center. (55) Memorandum from Council Member Reed, dated May 23, 2001, recommending funding for Terraine Street/Almaden Avenue Sidewalk Improvements. (56) Memorandum from Council Member Reed, dated May 21, 2001, recommending funding for Cameras in police Vehicles. (57) Memorandum from Council Members Reed and LeZotte, dated May 23, 2001, recommending funding for Planning Enforcement Inspector. (58) Memorandum from Council Member Reed, dated May 23, 2001, recommending funding for Council District 4 Office Carry-Over. (59) Memorandum from Council Member Yeager, dated May 22, 2001, recommending fuming for Council District 6 office Carry-Over. (60) Memorandum from Council Member Yeager, dated May 22, 2001, recommending funding for Lincoln Avenue Corridor Strategy Study. (61) Memorandum from Council Member Yeager, dated May 23, 2001, recommending funding for Lincoln High Track Improvements. (62) Memorandum from Council Member Yeager, dated May 23, 2001, recommending funding for Willow Glen High School Track. (63) Memorandum from Council Member Yeager, dated May 23, 2001, recommending funding for Tree Pruning on Hedding Street between Highway 880 and Bascom Avenue. (64) Memorandum from Council Member Yeager, dated May 23, 2001, recommending funding for Improvements for the Summerhill Homes Dedication of Cahill Park. (65) Memorandum from Council Member Yeager, dated May 23, 2001, recommending funding for a community park at Bird/Fisk Avenues. (66) Memorandum from Council Member Yeager, dated May 23, 2001, recommending funding for Streetlights for Galarza Elementary School. (67) Memorandum from Council Member Yeager, dated May 23, 2001, recommending funding for Historic Hoover Community Performing Arts Center. (68) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Council District 8 rebudget. (69) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Trail Signage at Montgomery Hill Park. (70) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Pathway Construction along Barberry Lane. (71) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for a Boggini Park Tot Lot. (72) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for a Pathway/Trail at Fernish Park. (73) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Groesbeck Hill Park Basketball Court Renovation. (74) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Groesbeck Hill Park Tennis Court. (75) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Montgomery Hill Park Master Plan. (76) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for a Sidewalk along Aborn Square Loop. (77) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for a Multicultural Festival sponsored for RFC Resources for Families and Communities. (78) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Silver Creek High School Track Lighting. (79) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for a Senior Citizen Community Events Supervisor in Parks, Recreation and Neighborhood Services. (80) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Senior Citizen Friendly park Elements. (81) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Senior Citizen Needs Assessment and Consultant Services as part of the Aging Services Master Plan. (82) Memorandum from Council Members Dando and Diquisto, dated May 23, 2001,recommending funding for Fire Department Public Education Staff. (83) Memorandum from Council Members Dando, Diquisto and Reed, dated May 23, 2001, recommending funding for Paramedic Certification in the Fire Department. (84) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for an Internet Predator Awareness Program. (85) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Domestic Violence Advocates. (86) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for The Almaden Winery Center Conversion. (87) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Guadalupe River Trail Improvements. (88) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Gateway to Guadalupe River Trail (Winfield Boulevard Streetscape). (89) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Guadalupe Creek Trail from Almaden Expressway to Quicksilver Park. (90) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Council District 10 Traffic Calming Projects. (91) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Branham Lane Landscaping Improvements. (92) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Hoffman, Via Monte Neighborhood Center. (93) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Council District 10 Office Rebudget. (94) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Groesbeck Hill Park Security Lighting. (95) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Groesbeck Hill Park Perimeter Landscaping. (96) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for a Conservation and Resource Management Program. (97) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for African American Community Center Parking Lot Improvements. (98) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for a Community Park at Floyd and Locust Streets. (99) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for Walking Routes to Schools/Keep Kids Safe Program. (100) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for a Dog Park at Watson Park. (101) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for Program Funding for the Northside Theatre Company. (102) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for three additional staff for Festivals, Parades, and Celebrations Division of Conventions, Arts and Entertainment Department. (103) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for First Phase of Construction of the Selma Olinder Master Plan. (104) Memorandum from Council Member Chavez, dated May 23, 2001, recommending funding for Council District 3 Office Budget Carry-Over. (105) Memorandum from Council Member LeZotte, dated May 23, 2001, recommending funding for Sixth Floor Space Plan – Building Code and ADA Compliance. (106) Memorandum from Council Member Dando, dated May 23, 2001, recommending funding for Sixth Floor Space Plan – Building Code and ADA Compliance. (107) Memorandum from Council Member Williams, dated May 23, 2001, recommending funding for Sixth Floor Space Plan – Building Code and ADA Compliance. (108) Memorandum from Council Member Yeager, dated May 23, 2001, recommending funding for Sixth Floor Space Plan – Building Code and ADA Compliance. (109) Memorandum from Council Member Cortese, dated May 23, 2001, recommending funding for Initial Investment Study-Capitol/101 Interchange. (110) Memorandum from Council Member Campos, dated May 23 2001, recommending funding for Sixth Floor Space Plan – Building Code and ADA Compliance. (111) Memorandum from Council Member Campos, dated May 25, 2001, recommending funding for Land Acquisition for East San José Branch Library. (112) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for Renovation of the Jackson Street Boys & Girls Club Facility. (113) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for Washington School Playground Equipment Replacement. (114) Memorandum from Council Member Chavez, dated May 22, 2001, recommending funding for Land Acquisition for a Roosevelt Park Community Center. (B) FISCAL YEAR 2001-2002 MANAGER’S BUDGET ADDENDA: (1) Memorandum from City Manager Del D. Borgsdorf, dated May 5, 2001, recommending approval of proposed performance measure changes in the FY2001-2002 Proposed Operating Budget. (2) Memorandum from Budget Director Larry D. Lisenbee, dated May 8, 2001, providing agendas for the City Capital and Operating Budget Study Sessions. (3) Memorandum from Budget Director Larry D. Lisenbee, dated May 17, 2001, transmitting Proposed Operating Budget Replacement Pages. (4) Memorandum from Finance Director Scott P. Johnson, dated May 21, 2001, responding to Council Member Cortese’s inquiry about fire damage funding and related insurance. (5) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, responding the Mayor’s Budget Message of March 12, 2001, pertaining to the acquisition of open space easements using Proposition 12 funds. (6) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, pertaining to parks and community facilities capital improvement projects. (7) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, describing the role and responsibilities of a Golf Manager with respect to administration of the City’s municipal golf courses. (8) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, responding to Council questions about three grounds maintenance classifications. (9) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, responding to Mayor Gonzales’ inquiry regarding maintenance staffing for the new parks and facilities proposal. (10) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, responding to Mayor Gonzales’ inquiry regarding the City Manager’s proposal to reduce the Rental Dispute Program staff by .05 FTE Community Activity Worker. (11) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 21, 2001, clarifying differences between the Sage Program and Homework Centers. (12) Memorandum from Chief Information Officer, Wandzia Grycz, dated May 21, 2001, responding to Council inquiries about Research and Development and Webmaster Staffing for the Information Technology Department. (13) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 24, 2001, responding to the Mayor’s March 2001 Budget Message pertaining to developing a Blueprint for Bridging the Digital Divide. (14) Memorandum from Chief of Police, William M. Lansdowne, dated May 18, 2001, recommending a collaborative departmental effort to provide public safety services to the Santa Clara County Open Space Authority. (15) Memorandum from Director of Transportation Wayne K. Tanda, dated May 17, 2001, responding to Council Member Reed’s inquiry about improvements on White Road from Penitencia to McKee Road. (16) Memorandum from Director of Transportation Wayne K. Tanda, dated May 24, 2001, responding to Council Member LeZotte’s inquiry about developer responsibility for traffic mitigation associated with the Valley Fair Mall and Santana Row Developments. (17) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 23, 2001, responding to Council’s request for review of resources necessary to ensure consistency of development projects with approved design plans. (18) Memorandum from Director of Aviation, Ralph G. Tonseth, Acting Housing Director Leslye Corsiglia, and Parks, Recreation and Neighborhood Services Director Mark Linder, dated June 8, 2001, recommending authorization for the establishment of an Airport Neighborhood Services Group. (19) Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 18, 2001, responding to Council Member Yeager’s inquiry about Airport Passenger Facility Charge (PFC) funded projects. (20) Memorandum from City Librarian Jane Light, dated May 18, 2001, responding to Council Member Dando’s inquiry about the pilot of “real time” online reference services as proposed in the Library eBranch expansion. (21) Memorandum from City Librarian Jane Light, dated May 18, 2001, responding to the Mayor’s March Budget Message requesting the Administration to explore opportunities to increase library staff training. (22) Memorandum from Acting Director of Public Works, Rajeev Batra, dated May 24, 2001, responding to Council Member Dando’s inquiry about the status of modifications to the Ferrous Chloride Facility. (23) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, and Acting Director Rajeev Batra, dated May 23, 2001, reporting on Development Process Efficiency Improvements. (24) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 21, 2001, responding to Mayor and Council inquiries about recyclabes storage at multi-family dwellings. (25) Memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated May 21, 2001, responding to Council inquiries about Convention Center electrical services. (26) Memorandum from Director of Transportation Wayne K. Tanda, dated May 25, 2001, reporting on Median Landscaping Needs and Priorities in response to the Mayor’s Budget Message. (27) Memorandum from Acting Director of General Services, Francis B. McVey, dated May 22, 2001, recommending an approach to funding deferred maintenance, in response to the Mayor’s March 12, 2001 budget message. (28) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 29, 2001, responding to Mayor Gonzales’ request for information on the water rate adjustment proposed by the Administration. (29) Memorandum from Fire Chief Manuel Alarcon, dated May 25, 2001, responding to Council Member Dando’s inquiry about Fire Department recruitment strategies and efforts. (30) Memorandum from Budget Director Larry D. Lisenbee, dated May 25, 2001, recommending Council actions necessary to revise the Proposed Budget to incorporate the ELI Housing Reserve Fund created by Council action on May 8, 2001. (31) Memorandum from Fire Chief Manuel Alarcon, dated May 24, 2001, responding to Council inquiries regarding fire prevention outreach to schools and senior citizens. (32) Memorandum from Acting Director of Public Works, Rajeev Batra, dated May 25, 2001, responding to Council inquiries regarding the current Utility Undergrounding Projects. (33) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 29, 2001, proposing amendments to the Proposed Fees and Charges Report to include fee adjustments for the Planning and Building fee programs. (34) Memorandum from Budget Director Larry D. Lisenbee, dated May 29, 2001, responding to BD-13 by Council Member Reed, requesting estimated costs for the Alviso Youth Center Project. (35) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 25, 2001, responding to Council direction that budget allocations for the San José Conservation Corps be increased. (36) Memorandum from Director of Environmental Services, Carl W. Mosher, and Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 31, 2001, responding to Council direction to identify the current fees and taxes associated with the installation of solar energy technologies and identify incentives for building owners to install green building technologies. (37) Memorandum from Budget Director Larry D. Lisenbee, dated May 31, 2001, providing a replacement page for the Workforce Investment Act Fund’s Source and Use Statement in the Proposed Operating Budget document. (38) Memorandum from Finance Director Scott P. Johnson, Director of Human Resources Nona Tobin, and Chief Information Wandzia Grycz dated May 31, 2001, reporting on the HR/PR System staffing and estimated savings. (39) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 30, 2001, reporting on storm sewer rate adjustment timeline and update on efficiency study activities. (40) Memorandum from Fire Chief Manuel Alarcon, dated May 31, 2001, responding to Council Member LeZotte’s inquiry about future plans to address kitchen facility and workout area deficiencies in fire stations. (41) Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 31, 2001, responding to Council direction to submit a grant application for the Airport Acoustical Treatment Program (ACT) and provide funding and timeline information. (42) Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 30, 2001, recommending actions to accommodate an ACT Program Expanded Treatment Area. (43) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 1, 2001, supplementing MBA-23 by quantifying newly achieved and potential time savings in the Development Review Process. (44) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 25, 2001, reporting on resources for implementation of the Smart Energy Plan. (45) Memorandum from Budget Director Larry D. Lisenbee, dated June 5, 2001, reporting on Rebudget of 2000-2001 Appropriations and Minor Adjustments to 2001-2002 Proposed Operating Budget. (46) Memorandum from Budget Director Larry D. Lisenbee, dated June 4, 2001, recommending amendments to the 2001-2002 Proposed Capital Budget. (47) Memorandum from Budget Director Larry D. Lisenbee, dated June 5,2001, recommending amendments to the 2001-2002 Proposed Operating Budget to incorporate additional revenues for City of San José/County of Santa Clara Joint Powers Authority grant awards. (48) This number was not used. (49) Memorandum from Director of Parks, recreation and Neighborhood Services, Mark Linder, and Budget Director Larry Lisenbee, dated June 14, 2001, recommending amendments to the 2001-2002 Proposed Operating Budget in the Anti-Tobacco Master Settlement Agreement Revenue Fund related to Healthy Neighborhoods Venture Funding Recommendation for Cycle 2. (50) Memorandum from Budget Director Larry D. Lisenbee, dated June 18, 2001, submitting revised Source and Use Statements for all funds where revisions to the FY2001-2002 Proposed Capital and Operating Budget have been recommended.

Discussion/Action: Mayor Gonzales stated the FY2001-2002 budget expresses the Council’s vision for the City and their efforts to prioritize and balance the needs of the entire City with those of individual districts. He stated the budget addresses concerns from the community, makes major investments in neighborhoods, continues a strong history of partnering with public schools, increases the commitment to build homes for families of all income levels, fights traffic congestion and makes major strides in making streets safer, as well as maintaining the City as the safest large City in America. He stated Council has exercised fiscal discipline at a time when the economy is sending mixed signals and, while there is no impact on the City’s budget this year, it is inevitable that the softening economy and reduction of City revenues will impact City budgets. He stated he and the Council are doing everything possible to exercise strong conservative management and the exercise of fiscal discipline has resulted in the City’s bond rating being increased to AA+, the highest rating of any City in California with a population over 200,000, at a time when the bond rating for the State of California was reduced as a result of the energy crisis.

Vice Mayor Shirakawa, Jr. moved approval of: Mayor Gonzales’s Budget Modifications for FY 2001-2002 for the City of San José and Redevelopment Agency, dated June 6, 2001; the Proposed FY2001-2002 Operating and Capital Budgets and the Capital Improvement Program for FY2002-2006; the Schedule of Fees and Charges for FY 2001-2002 and Fees and Charges for Recreational and Park Activities, for the City of San José; and the Redevelopment Agency’s FY2001-2002 Operating and Capital Budgets and Capital Improvement Program for FY2002-2006; and his memorandum dated June 12, 2001, pertaining to the Healthy Ventures Neighborhood Fund. Council Member Dando seconded the motion. Vice Mayor Shirakawa, Jr., stated his memo recommends approving the Administration’s recommendations for the Healthy Venture Neighborhood Fund Cycle 2, but with a shift of $442,510 from the Anti-Tobacco Health Category into the Education Health Category, and three other recommendations which differ from the Administration’s proposed budget, leaving a shortfall of $193,278, and requested the shortfall be referred to the City Manager and Mayor’s Budget Office for this additional funding without cutting any other proposed projects.

Council Member Chavez referenced page 25 of the Mayor’s memorandum regarding the contract compliance programs, i.e., the Minority Business Enterprise and Women Business Enterprise (MBE/WBE) programs recommended for referral to the City Manager for review of options to change the MBE/WBE Program to a race and gender-neutral program for Small and Emerging Businesses, and alternatives to relocate programs and staff for small and emerging businesses, ADA compliance, discrimination complaints, sexual harassment complaints, and contract compliance to other appropriate departments and offices. She stated those issues are of concern to the Council and suggested the direction include review of the mission of each of the smaller entities, looking for opportunities to improve outcomes for each and especially to grow the different components as pertains to the projected $1.9 billion in construction projects over the next five years, reflecting the importance of each of these areas to the Council and the roles Council sees these offices playing. Mayor Gonzales stated that many of the City’s processes can either speed up or slow down a project and he is asking the City Manager to look at those processes—which are a cornerstone to the social issues Council wants to address—while ensuring an organized way to accomplish in a timely manner the visions and goals the Council has for the City. Council Member Chavez expressed a desire to see these areas either maintained or heightened as well as increased efficiencies, and having the opportunity to review the entire package in its contextual entirety when Staff reports back. Mayor Gonzales stated the City Manager will determine the appropriate timeframe in which to bring back recommendations that are within the context of the legal constraints to which the City must conform.

Regarding the proposed closing of the San José Medical Center, Council Member Chavez stated the community has expressed concerns about the potential loss of the Center, one of only three trauma centers in the County. Since the Medical Center is in a Redevelopment Agency area and part of several Strong Neighborhoods Initiative areas downtown, she suggested referring this issue to the Redevelopment Agency and directing her and Council Member Yeager to work with the County on partnership opportunities to consider the scope of a study recommended by the community. Vice Mayor Shirakawa, Jr., amended his motion to include that referral and direction. Regarding the MBE/WBE issues, Council Member LeZotte stated the Mayor’s direction should include taking those steps which can legally be addressed such as outreach and keeping statistics, and inquired if there remains a commitment toward addressing those issues. City Attorney Doyle advised Staff will work with the City Manager’s Office on the legal parameters to which the City must adhere and Council can set policy at that time as to what type of MBE/WBE outreach program Council would like to accomplish. In response to concerns expressed by Council Member LeZotte about the possibility of losing the expertise of the Office of Equality Assurance, Mayor Gonzales stated he is recommending only that the City Manager review the purpose of the programs, how they should be staffed and managed, and what function within the organizations they should serve, given