City Council Meeting Minutes, 6-19-01

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, JUNE 19, 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, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

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 with respect to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the cases of (1) Thomas v. Ngo, et al.; (2) Pham v. City of San José, et al.; (3) Wing and A Prayer, Inc. v. City of San José; and (4) City of San José v. Morgan Hill Unified School District, et al.; (B) confer with Legal Counsel regarding anticipated litigation involving a matter where there is significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code; and (C) 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, Chavez (entered Chambers at 2:00 p.m.), Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

INVOCATION

Under the direction of their conductor, The Voices for Diversity Singers Shirley Hudson, Rodan Biage, Paul Hawkins, Rusty Percy, Jeremy Redison, Kelly Squatter, Allison Vickery, Michael Jackson, Dean Harpster, and Amber Williams presented songs reminiscent of life in the Islands and in Africa. (District 6)

PLEDGE OF ALLEGIANCE

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 with two additional actions: Item 7.3 was deferred to June 26, 2001, and Item 2.28 was dropped. Vote: 10-0-1-0. Absent: Chavez.

CEREMONIAL ITEMS

1.2 Presentation of plaques to Timothy Eng for 2 years 2 months service on the Youth Commission; and to Danielle Boulé for 1 year 8 months service on the Youth Commission; and to Jennifer Leung for 1 year nine months service on the Youth Commission. (Mayor)

Documents Filed: None.

Discussion/Action: Mayor Gonzales presented plaques to Timothy Eng and Jennifer Leung with Council’s appreciation for their service to the City of San José. The Plaque for Danielle Boulé will be mailed, as the honoree was unable to attend the meeting.

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 actions were taken as indicated. Vote: 10-0-1-0. Absent: Chavez.

2.1 Approval of City Council Minutes for Regular meeting of March 27, 2001

Documents Filed: Minutes of the regular meeting of March 27, 2001.

Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Chavez.

2.2 (a) Final adoption of Ordinance No. 26404 – Grants a Commercial Solid Waste and Recyclables Collection Franchise to Smurfit-Stone Container Corporations dba Smurfit-Stone Recycling.

Documents Filed: Proof of publication of the title of Ordinance No. 26404 executed on June 12, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26404 was adopted. Vote: 10-0-1-0. Absent: Chavez.

(b) Final adoption of Ordinance No. 26405 – Rezones certain real property situated at the northwest corner of Locust Avenue and Edwards Street. PDC 01-04-051

Documents Filed: Proof of publication of the title of Ordinance No. 26405 executed on June 12, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26405 was adopted. Vote: 10-0-1-0. Absent: Chavez.

(c) Final adoption of Ordinance No. 26406 – Rezones certain real property situated on the northeasterly corner of Rue Ferrari and Bernal Road. PDC 01-02-012

Documents Filed: Proof of publication of the title of Ordinance No. 26406 executed on June 12, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26406 was adopted. Vote: 10-0-1-0. Absent: Chavez.

(d) Final adoption of Ordinance No. 26407 – Rezones certain real property situated at the westside of North 7^th Street, 250 feet northerly of East Taylor Street. PDC 0101-007

Documents Filed: Proof of publication of the title of Ordinance No. 26407 executed on June 12, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26407 was adopted. Vote: 10-0-1-0. Absent: Chavez.

(e) Final adoption of Ordinance No. 26408 - Rezones certain real property situated at the south side of Alum Rock Avenue. PDC 00-08-078

Documents Filed: Proof of publication of the title of Ordinance No. 26408 executed on June 12, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26408 was adopted. Vote: 10-0-1-0. Absent: Chavez.

(f) Final adoption of Ordinance No. 26409 - Rezones certain real property situated at the southwest corner of Coleman Avenue and West Hedding Street. PDC 01-03-037

Documents Filed: Proof of publication of the title of Ordinance No. 26409 executed on June 12, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26409 was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.3 Adoption of a resolution authorizing the City Attorney to negotiate and execute a third amendment to the legal services agreement with Jones Hall related to the development of the North Coyote Valley Industrial Campus Area, extending the term through December 30, 2001, at no additional cost to the City.

(City Attorney's Office)

Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated June 7, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70420, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Third Amendment to the Legal Services Agreement With Jones Hall, Extending the Term Through December 30, 2001”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.4 Approval of City Manager Del Borgsdorf’s travel to Atlanta, Georgia, from July 23-25, 2001, to present at the US Competitive Cities Congress in a session entitled “Developing and Implementing a Smart Growth Plan.”

(City Manager’s Office)

Documents Filed: Memorandum from City Manager, Del D. Borgsdorf, dated May 29, 2001, recommending Council approve said travel request.

Discussion/Action: The City Manager’s request to travel to Atlanta, Georgia, was approved. Vote: 10-0-1-0. Absent: Chavez.

2.5 Report on bids and award of contract for the Villages Reservoir Rehabilitation Project to the low bidder, Robison-Prezioso, Inc., in the amount of $359,100, and approval of a contingency in the amount of $35,910. CEQA: Exempt. Council District 8. (Environmental Services)

Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 22, 2001, recommending Council accept the bid report and approve award of said contract and contingency.

Discussion/Action: The report on bids was accepted and award of contract to Robison-Prezioso, Inc., the low bidder, including the contingency amount, were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.

2.6 Report on bids and approval of award of contract for the Water Pollution Control Plant’s Grit Classifier Replacement and Emergency Shutoff Gas Valves Project to the low bidder, D.W. Nicholson Corporation, in an amount of $196,780, and approval of a contingency in an amount of $20,220. CEQA: Exempt.

(Environmental Services)

Documents Filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 29, 2001, recommending Council accept the bid report and approve said contract award and contingency. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated June 19, 2001, recommending Council accept the bid report and approve said award and contingency.

Discussion/Action: The report on bids was accepted and award of contract and contingency to D.W. Nicholson Corporation, the low bidder, were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.

2.7 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #48, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents Filed: (1) Memorandum from Acting Director of General Services, Francis B. McVey, dated May 29, 2001, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated June 19, 2001, recommending approval of said purchase order.

Discussion/Action: The award of open purchase orders List No. 48 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Chavez.

2.8 Report on bids and award of purchase of a replacement Inductively-Coupled Plasma Spectrometer, for the Water Pollution Control Plant, to the lowest responsive bidder, Perkins Elmer Instruments, for a total cost of $104,733, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)

Documents Filed: (1) Memorandum from Acting Director of General Services, Francis B. McVey, dated May 29, 2001, recommending Council accept the bid report and award said purchase to the lowest responsive bidder, and authorize the Director of General Services to execute the purchase order. (2) Supplemental report from San José/Santa Clara Water Pollution Control Plant, Treatment Plant Advisory Committee Chairperson, Rodney Diridon, Jr., dated June 14, 2001, recommending Council accept the bid report and approve said award to the lowest responsive bidder, Perkins Elmer Instruments, and authorize the Director of General Services to execute the purchase order.

Discussion/Action: The report on bids was accepted and award of contract to Perkins Elmer Instruments, the lowest responsive bidder, was approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.

2.9 Report on bids and award the purchase of traffic signal control equipment for the Department of Transportation to the low bidder, Advanced Traffic Products, Inc., at a total cost of $98,220.60, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)

Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated May 29, 2001, recommending Council accept the bid report and award said contract to the low bidder, Advanced Traffic Products, Inc., and authorize the Director of General Services to execute the purchase order.

Discussion/Action: The report on bids was accepted and award of purchase to Advanced Traffic Projects, Inc., the low bidder, was approved and execution of the purchase order authorized. Vote: 10-0-1-0. Absent: Chavez.

2.10 Adoption of a resolution authorizing the Director of General Services to execute an amendment to the agreement with Master Cleaning System, Inc. for park restroom maintenance, extending the contract through December 31, 2001, at a monthly cost of $20,000, and increasing maximum compensation by $140,000, from $367,943.46 to a total agreement amount not to exceed $507,943.46. (General Services)

Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated May 29, 2001, recommending adopt said resolution.

Discussion/Action: Resolution No. 70421, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute An Amendment to the Agreement With Master Cleaning System, Inc., For Park Restroom Maintenance”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.11 Adoption of a resolution authorizing the Director of General Services to negotiate and execute an agreement with DataStream for the purchase, installation, and training for a Computerized Maintenance Management System in the amount of $400,170. (General Services)

Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated May 25, 2001, recommending Council adopt said resolution.

Discussion/Action: Council Member Williams asked for a staff report describing the benefits resulting from the investment, and that the preparation of the report occur following the installation and testing of the system. Resolution No. 70422, 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 DataStream For Training, Installation, and Purchase of a Computerized Maintenance Management System”, was adopted with direction to Staff to report back to Council, after installation of the equipment, on the performance of the system. Vote: 10-0-1-0. Absent: Chavez.

2.12 Adoption of a resolution accepting an in-kind donation of Cisco Systems network equipment, with a stated value of $317,642, from the San José Public Library Foundation to the San José Public Library. (Library)

Documents Filed: Memorandum from City Librarian, Jane Light, dated May 29, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70423, entitled: “A Resolution of the Council of the City of San José Authorizing Acceptance of an In-Kind Donation of Cisco Systems Network Equipment From the San José Public Library Foundation in an Amount Not to Exceed $317,642”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.13 Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with the Grace Baptist Church to lease the Church's property for use as a community center at 484 East San Fernando Street and 146 South Tenth Street, for the period of June 1, 1999 through June 30, 2002, increasing the amount by $165,000, for a total amount of rent not to exceed $748,667. Council District 3. (Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated May 29, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70424, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Lease Agreement With Grace Baptist Church for Use of Church Property as a Community Center for the Period of June 1, 1999 Through June 30, 2002, Increasing the Rent by $165,000, for a Total Amount Not to Exceed $748,667”, was adopted.

Vote: 10-0-1-0. Absent: Chavez.

2.14 Adoption of a resolution authorizing the City Manager to execute a third amendment to the agreement with TRW, Inc., for the purchase and installation of a Police Automated Information System, extending the term of the agreement from June 30, 2001 to December 31, 2001, at no additional cost to the City. (Police)

Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated May 29, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70425, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a Third Amendment to the Agreement With TRW, Inc., for the Purchase and Installation of a Police Automated Information System”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.15 Adoption of a resolution of intention to vacate a portion of the public service easement on Lots 1 and 5 of Tract No. 9257 on Fleming Avenue across Mahoney Avenue and setting a public hearing on August 7, 2001 at 1:30 p.m. CEQA: ND. Council District 5. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 29, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70426, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate a Portion of the Public Service Easement on Lots 1 and 5 of Tract 9257 on Fleming Avenue Across Mahoney Avenue”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.16 Approval of the first amendment to the agreement with Amphion Environmental, Inc., for consultant services for the Penitencia Creek Park Chain Reach 2 Master Plan Project, to extend the agreement term from September 21, 2001 to March 21, 2002, and increasing total compensation by $25,000, for a total agreement amount of $128,300. Council District 4. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 29, 2001, recommending Council approve the amendment to said agreement.

Discussion/Action: The first amendment to the consultant services agreement with Amphion Environmental, Inc., was approved and execution of the amendment authorized. Vote: 10-0-1-0. Absent: Chavez.

2.17 Approval to reject all bids for the Brigadoon Park Renovation Project, and authorization for the Director of Public Works to re-advertise and re-bid the project. CEQA: Exempt. Council District 8. (Public Works)

Documents Filed: None.

Discussion/Action: Dennis Valverde, West Coast Engineering, Inc., spoke against the proposed rejection of all bids and in favor of the award of the contract to West Coast as the lowest bidder. As a point of clarification, City Attorney Richard Doyle stated the project specifications required test results for the engineered wood fiber for the play area to be submitted with the bid; only one bidder submitted the test results with the bid and sent a letter of protest based on the failure of the other bids to submit the test results. He stated the two low bidders are non-responsive because they failed to submit the test results for the wood fiber, as required by the specifications, and the third bid was excessively high. Predicated on ambiguities contained in bid specifications for the renovation project, Staff was directed to review bid requirements and return to Council with specific answers that would allow the rejection of all bids or award of the contract to the lowest bidder. Upon motion unanimously adopted, this item was deferred to June 26, 2001 and Staff directed to clarify ambiguities related to project specification requirements for the submission of test results. Vote: 10-0-1-0. Absent: Chavez.

2.18 Report on bids and award of contract for the Brooktree Park Tot/Youth Lot Project to the low bidder, Robert A. Bothman, Inc., to include the base bid and Add Alternate No. 1 in the amount of $203,135, and approval of a contingency in the amount of $21,000. CEQA: Exempt. Council District 4. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 29, 2001, recommending Council accept the bid report and award said contract to the low bidder and approve the contingency amount.

Discussion/Action: The report on bids was accepted and award of contract to Robert A. Bothman, Inc., the low bidder, and the contingency amount were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.

2.19 Report on bids and award of contract for the Street Lights Mayfair 2001 Project to the low bidder, Pacific Electric Company, in the amount of $190,000, and approval of a contingency in the amount of $19,000. CEQA: Exempt. Council District 5. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 29, 2001, recommending Council accept the bid report and award said contract and approve said contingency amount.

Discussion/Action: The report on bids was accepted and award of contract to Pacific Electric Company, the low bidder, and the contingency were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.

2.20 Approval of the third amendment to add liquidated damages to the Implementation Agreement for the Transit Shelter Advertising Program with the Santa Clara County Transit District, also known as the Santa Clara Valley Transportation Authority, the County of Santa Clara, various cities in Santa Clara County, and Eller Media Company. CEQA: Exempt. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 29, 2001, recommending Council approve the third amendment to said agreement.

Discussion/Action: The third amendment to the Implementation Agreement with Santa Clara County Transit District, et al., was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Chavez.

2.21 Report on bids and award of contract for The Alameda-Billy DeFrank/Streetscape Improvements Project to the low bidder Wattis Construction, in the amount of $87,355 and approval of a contingency in the amount of $18,000. CEQA: Exempt. Council District 6. (Public Works)

Discussion/Action: The report on bids was accepted and award of contract to Wattis Construction, the low bidder, and the contingency amount were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.

2.22 Report on bids and award of contract for the MuniWater/Tuers Yard Building B Modification Project to the low bidder, Tucker Construction, Inc., in the amount of $288,400, and approval of a contingency in the amount of $30,000. CEQA: Exempt. Council District 7. (Public Works)

Discussion/Action: The report on bids was accepted and award of contract to Tucker Construction, Inc., the low bidder, and the contingency amount were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.

2.23 Approval of a continuation agreement for consultant services for the Alviso Ring Levee Wetland Mitigation Project with URS Corporation Americas, extending the term from May 1, 2000 to December 31, 2002, and increasing the amount of compensation by $21,000, for a total agreement amount not to exceed $320,000. Council District 4. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated May 29, 2001, recommending Council approve said consultant services agreement.

Discussion/Action: The continuation agreement for consultant services with URS Corporation Americas was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Chavez.

2.24 Report on bids and award of contract for the construction of the Route 87 at Branham Lane Overcrossing Trail and Landscape Improvements Project to the low bidder, Bellicitti & Pellicciotti Construction Company, Inc. in the amount of $112,485, and approval of a contingency in the amount of $5,000. CEQA: Exempt. Council District 10. (Public Works)

Discussion/Action: The report on bids was accepted and award of construction contract to Bellicitti & Pellicciotti Construction Company, the low bidder, and the contingency amount were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.

2.25 Direction to the City Clerk to complete and submit the assessment district ballots in favor of the assessment to be levied on City owned property by proposed Maintenance District 19 (River Oaks Area Landscaping) in the amount of $261.44 for Fiscal Year 2001-02 and increased annually by the percent change in the CPI. Council District 4. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated June 4, 2001, recommending Council approve staff recommendation.

Discussion/Action: The direction to the City Clerk to complete and submit the assessment district ballots in favor of the assessment to be levied on City owned property by proposed Maintenance District 19 was approved. Vote: 10-0-1-0. Absent: Chavez.

2.26 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 and 6/12/01 – Item 2.26)

Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 8, 2001, stating that before approving the reorganization proposal, the City Council is required to make the following findings: [a] That the unincorporated territory is within the City’s Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO); [b] That the County Surveyor has determined the boundaries of the proposal to be definite and certain and in conformance with the LAFCO Road Annexation Policies; [c] That the proposal does not split lines of assessment or ownership; [d] That the proposal does not create islands or areas in which it would be difficult to provide municipal services; [e] That the proposal is consistent with the City’s adopted General Plan; [f] That the territory is contiguous to existing City limits; and [g] That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area. (2) Public Hearing Notice to consider a reorganization by resolution of the subject County pocket, dated May 2, 2001, and Proof of Publication executed on May 8, 2001, submitted by the City Clerk. (3) Proof of Publication of Resolution No. 70312 that was adopted May 1, 2001, and executed on May 18, 2001, submitted by the City Clerk.

Discussion/Action: Resolution No. 70427, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Lick No. 27 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.27 Approval of the City Manager's travel request, from June 23 - 25, 2001, to attend the U.S. Conference of Mayors and, on behalf of the City of San José, accept the 3Com Urban Challenge Grant award, which is aimed at cities that are effectively using technology in education to help bridge the Digital Divide, in the amount of $100,000. (City Manager's Office)

(Rules Committee referral 6/13/01)

Documents Filed: Memorandum from City Manager, Del D. Borgsdorf, dated June 12, 2001, recommending Council approve said travel request.

Discussion/Action: The City Manager’s travel request was approved. Vote: 10-0-1-0. Absent: Chavez.

2.28 Approval of proof of authorization for the YWCA as required by the State of California’s Office of Criminal Justice Planning. (Dando)

(Rules Committee referral 6/13/01)

Documents Filed: None.

Discussion/Action: This item was dropped.

2.29 Adoption of a resolution authorizing the City Attorney to negotiate and execute:

(a) The first amendment to the legal services agreement with Foley & Lardner (formerly Hopkins & Sutter) to increase the compensation by $85,000, to a total amount not to exceed $135,000; and

(b) The first amendment to the legal services agreement with Orrick, Herrington & Sutcliffe to increase the compensation by $50,000, to a total amount not to exceed $100,000.

(City Attorney’s Office)

(Rules Committee referral 6/13/01)

Documents Filed: Memorandum from City Attorney, J. Richard Doyle dated June 14, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70428, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a First Amendment to the Agreements For Legal Services Related to the San José International Airport With (A) Foley & Lardner, In An Additional Amount Not to Exceed $85,000 for Total Compensation Not to Exceed $135,000 and (B) Orrick, Herrington & Sutcliffe in an Additional Amount Not to Exceed $50,000 for a Total Compensation Not to Exceed $100,000”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.30 Approval of an ordinance authorizing a one-time transfer of $442,510 from the Anti-Tobacco Master Settlement Agreement Revenue Fund’s Anti-Tobacco Category to the Education Category for Cycle 2 (2001-2002) under Ordinance No. 26140. (City Attorney’s Office)

(Rules Committee referral 6/13/01)

Documents Filed: See Rules Committee Report of June 13, 2001.

Discussion/Action: Ordinance No. 26412, entitled: “An Ordinance of the City of San José Authorizing a One-Time Transfer of $442,510 From the Anti-Tobacco Master Settlement Agreement Revenue Fund’s Anti-Tobacco Category to the Education Category for Cycle 2 (2001-2002) Under Ordinance No. 26140”, was passed for publication. Vote: 10-0-1-0. Absent: Chavez.

2.31 Adoption of a resolution authorizing the City Manager to execute an amendment to the agreement with the County of Santa Clara for ALS First-Responder Services, to extend the agreement term from June 30, 2001 to September 30, 2001. (City Manager’s Office/Fire)

(Rules Committee referral 6/13/01)

Documents Filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated June 14, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70429, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a Fifth Amendment to the Agreement With the County of Santa Clara For Advanced Life Support Paramedic First Responder Services to Extend the Term of the Agreement Through September 30, 2001”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.32 TRACT NO. 9359 - Stallion Way north of Aborn Road - Braddock and Logan II, L.P., a California Limited Partnership By: Braddock & Logan Services, Inc., a California Corporation, General Partner (Developer) - 30 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. 9359. CEQA: ND. Council District 7. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated June 12, 2001, recommending Council approve parkland agreement and adopt said resolutions regarding Tract No. 9359.

Discussion/Action: The parkland agreement with Braddock and Logan II was approved and execution of the agreement authorized; and Resolution No. 70430, 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. 9359”; Resolution No. 70431, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9359”; Resolution No. 70432, 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. 9359”; and Resolution No. 70433, 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. 9359”, were adopted. Vote: 10-0-1-0. Absent: Chavez.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – June 6, 2001

Documents Filed: Rules Committee report of June 6, 2001.

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

The Committee forwarded the items to the Redevelopment Agency Board for consideration.

(b) City Council

(1) Review June 19, 2001 Draft Agenda

The Committee approved the June 19, 2001 City Council Agenda with three additions and directed the Administration provide Members with additional information on Item 3.4, a public hearing on cable-related needs of the community, since Council has heard this issue previously.

(2) Add New Items to June 12, 2001 Amended Agenda

The Committee recommended four additions to the June 12, 2001 City Council Agenda.

(1) Amendments to Council Committee Agendas. Attachment: Memorandum from Assistant to the City Manager, Deanna J. Santana, dated June 5, 2001, recommending approval to defer the approval of Council committee workplans from June 13, 2001 to June 20, 2001.

The Committee recommended approval to defer the approval of Council Committee workplans from June 13, 2001 to June 20, 2001 Rules Committee meeting.

(a) Finance and Infrastructure Committee

The Committee recommended the following changes to the

June 13, 2001 Agenda: Add an item entitled, “Investment Committee Minutes for May 29, 2001 (Finance)”; bring forward an item deferred from 05/23/01 entitled, “General Airport Revenue Bonds, Series 2001A – Plan of Finance (Finance)”; and defer to September 2001 an item entitled, “Annual Capital Project Program Status Report (Public Works).”

(b) Economic Development and Environment Committee

None Presented.

(d) Ad Hoc Traffic Calming Advisory Committee. (1) Attachments: Memorandum from Director of Transportation, Wayne K. Tanda, dated June 5, 2001, providing information necessary to reschedule presentation of the report on “One-Way Couplet Streets”.

The Committee recommended rewording of Item (b) on the

June 14, 2001 Agenda, to read: “Informational Status Report on One-Way Couplet Policy”, and directed the Administration to provide Council Members with Traffic Calming meeting flyers and agendas for distribution to their constituents, and requested Staff expand the mailing list for receipt of Traffic Calming meeting notices.

(d) Meeting Schedules. Attachments: (1) Memorandum from Assistant to the City Manager, Deanna J. Santana, dated May 31, 2001, recommending approval of the proposed dates for the Council Policy Priority Setting Sessions. (2) Memorandum from Redevelopment Agency Administrative Officer Gary Miskimon, dated June 6, 2001, requesting Rules Committee approve rescheduling of the Study Session on Mixed Use/Retail from June 7, 2001 to June 20, 2000.

The Committee recommended approval to schedule Council Policy Priority Setting Sessions on October 25 and 26, 2001, 8:00 a.m. – 12:00 p.m., in Council Chambers; and recommended approval to reschedule the Redevelopment Agency’s Mixed Use/Retail Study Session from June 7, 2001 to June 20, 2001, 8:00 a.m. – Noon.

(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated May 31, 2001, listing the items transmitted to the Administration for the Public Record for the period May 31, 2001.

The Committee noted and filed the Public Record for the period May 23-29, 2001.

(f) Boards, Commissions and Committees.

The Committee directed the City Clerk to conduct a blind drawing for those Commissions with more than one vacancy and varying term ending dates, with the results of the draw noted in the Rules Committee Report. The Committee recommended the following appointments:

(1) Advisory Commission on Rents.

Appoint 1 neutral commissioner. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Campos, dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for Advisory Commission on Rents. (2) Memorandum from City Attorney, J. Richard Doyle, dated May 2, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Campos, dated June 5, 2001, recommending that the City Clerk readvertise in August of 2001 vacant positions for one (1) neutral commission member to serve on the Advisory Commission on Rents.

The Committee directed the City Clerk to readvertise for a neutral representative.

(2) Airport Commission.

Appoint 2 commissioners. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Disquisto, dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for Airport Commission. (2) Memorandum from City Attorney, J. Richard Doyle, dated April 23, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Diquisto, dated May 29, 2001, recommending the appointment of Daniel Biesterveld and Rolayne Edwards to serve on the Airport Commission.

The Committee recommended appointment of Daniel Biesterveld and Rolayne Edwards to four-year terms ending June 30, 2005.

The Committee recommended the following appointments:

(3) Arts Commission.

Appoint 4 commissioners. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Williams, dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for Arts Commission. (2) Memorandum from City Attorney, J. Richard Doyle, dated May 2, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Williams, dated June 5, 2001, recommending the appointment of Francis Czyz and Desiree Reed, and reappointment of Incumbents Richard Ajluni and Stephen McCray to the Arts Commission.

The Committee recommended appointment of Richard Ajluni (Incumbent), Francis Czyz, Stephen McCray (Incumbent), and Desiree Reed to three-year terms ending June 30, 2004.

(4) Child Care Commission

Appoint 5 commissioners. Attachments: (1) Memorandum from City Clerk, Patricia L. O’Hearn, to Council Member Yeager dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for Child Care Commission. (2) Memorandum from City Attorney, J. Richard Doyle, dated April 25, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Yeager, dated June 4, 2001, recommending the appointment of Karen Haegeli, Mark Christensen, Anthony Zambataro, and Larry Hancock to the Child Care Commission.

The Committee recommended appointment of Larry Hancock, Karen Naegeli, and Anthony Zambataro to four-year terms ending June 30, 2005 and Mark Christensen to an unexpired term ending June 30, 2004; and directed the City Clerk to readvertise for one vacant position.

(5) CDBG Steering Committee.

Appoint District 5 and District 7 representatives. (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Reed dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the CDBG Steering Committee. (2) Memorandum from City Attorney, J. Richard Doyle, dated April 12, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Reed, dated June 4, 2001, recommending the City Clerk readvertise the two (2) open positions on the CDBG Steering Committee.

The Committee directed the City Clerk to readvertise for District 5 and District 7 representatives.

(6) Disability Advisory Commission

Appoint 4 commissioners. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member LeZotte dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the Disability Advisory Commission. (2) Memorandum from City Attorney, J. Richard Doyle dated April 13, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member LeZotte, dated June 4, 2001, recommending the appointment of Sally McLeod and Thomas Matola to the Disability Advisory Commission, and extending the terms to December 31, 2001 for Charlotte Howard and Lila Kraai.

The Committee recommended extending the terms of Charlotte Howard (Incumbent) and Lila Kraai (Incumbent) until December 31, 2001 and appointed Thomas Matola to a four-year term ending June 30, 2005, and Sally McLeod to an unexpired term ending June 30, 2002.

(7) Disadvantaged Business Development Commission

Appoint 3 commissioners. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Reed dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the Disadvantaged Business Development Commission. (2) Memorandum from City Attorney, J. Richard Doyle dated April 12, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Reed, dated June 4, 2001, recommending the City Clerk readvertise the open positions on the Disadvantaged Business Development Commission so that outreach can be made to the members of all the ethnic chambers of commerce for applicants.

The Committee directed the City Clerk to readvertise the three vacant positions.

(8) Historic Landmarks Commission

Appoint 3 commissioners. (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member LeZotte dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the Disability Advisory Commission. (2) Memorandum from City Attorney, J. Richard Doyle dated April 11, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member LeZotte dated June 4, 2001, recommending no appointments to the Historic Landmarks Commission at this time but instead readvertise for all the openings and direct the City Clerk to hold interviews in July 2001 and make appointments in August so as to have a full commission appointed by September 1, 2001.

The Committee directed the City Clerk to readvertise the two vacant positions during the summer, with appointments to be made in August, 2001.

(9) Human Rights Commission

Appoint 2 commissioners. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Yeager dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the Human Rights Commission. (2) Memorandum from City Attorney, J. Richard Doyle dated April 13, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Yeager, dated June 4, 2001, recommending the appointment of Robert Sippel and Linda Starr to fill the two terms on the Human Rights Commission.

The Committee recommended appointment of Robert Sippel and Linda Starr to unexpired terms ending December 31, 2003.

(10) Library Commission

Appoint 4 commissioners. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Yeager dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the Library Commission. (2) Memorandum from Deputy City Attorney, Judith J. Propp dated May 1, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Yeager, dated June 4, 2001, recommending the appointment of Pia Moriarty, Melinda Hoppe, Timothy Karas, and John Ramos to fill the four terms on the Human Rights Commission.

The Committee recommended appointment of Timothy Karas and John Ramos to four-year terms ending June 30, 2005, Melinda Hoppe to an unexpired term ending June 30, 2002, and Pia Moriarty to an unexpired term ending June 30, 2003.

(11) Mobile Home Advisory Commission

Appoint 1 neutral representative. Attachment: Memorandum from City Clerk Patricia L. O’Hearn to Vice Mayor Shirakawa, Jr. dated May 25, 2001, stating there were no applications received for the Mobile Home Advisory Commission and that the Office of the City Clerk will readvertise for the vacant position in August 2001.

The Committee directed the City Clerk to readvertise for neutral representative.

(12) Parks and Recreation Commission

Appoint 4 commissioners Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Yeager, dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the Parks and Recreatioin Commission. (2) Memorandum from Deputy City Attorney, J. Richard Doyle dated April 25, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Yeager dated June 4, 2001, recommending the appointment of Elisa Koff-Ginsborg, Helen Chapman, Patricia Eaton, and Peter Peterson to fill the four terms on the Parks and Recreation Commission.

The Committee recommended appointment of Patricia Eaton, Elisa Koff-Ginsborg and Peter Petersen to four-year terms ending June 30, 2005, and Helen Chapman to an unexpired term ending June 30, 2003.

(13) Senior Citizens Commission

Appoint 6 commissioners. Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Dando dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the Senior Citizens Commission. (2) Memorandum from Deputy City Attorney, J. Richard Doyle dated May 2, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Dando dated June 4, 2001, recommending the appointment of Regina Zamba, John Walter, Gilbert Garcia, and Chandra Agrawal to fill four positions on the Senior Citizens Commission, that Fred Orillaneda be appointed to the term which expires on June 30, 2002, and that the sixth position remain vacant until December 2001, when the next round of appointments occur.

The Committee recommended appointment of Chandra Agrawal, Gilbert Garcia, John Walter (Incumbent), and Regina Zamba (Incumbent) to four-year terms ending June 30, 2005; Fred Orillaneda (Incumbent) to an unexpired term ending June 30, 2002; and directed the City Clerk to readvertise one vacant position.

(14) Traffic Appeals Commission

Appoint 3 commissioners. Attachments: Attachments: (1) Memorandum from City Clerk Patricia L. O’Hearn to Council Member Yeager dated May 25, 2001, attaching a list of qualified applicants submitted by the Project Diversity Screening Committee for the Traffic Appeals Commission. (2) Memorandum from Deputy City Attorney, J. Richard Doyle dated May 25, 2001, highlighting major areas of potential conflicts disclosed by the application. (3) Memorandum from Council Member Yeager dated June 5, 2001, recommending the appointment of Robin Biesterveld, Dale Osborn, and Emi Rhoda Totschinger to fill the three terms on the Traffic Appeals Commission. (4) Memorandum from Council Member Reed, dated June 4, 2001, recommending the appointment of Dale Osborn to the Traffic Appeals Commission.

The Committee recommended appointment of Robin Biesterveld, Dale Osborn, and Emi Totschinger to four-year terms ending June 30, 2005.

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

(1) Request to refer to the Finance and Infrastructure Committee consideration of connecting an audio feed for meetings in Room 204 to the City web site. Attachment: Memorandum from Council Member Reed dated May 29, 2001, requesting the Rules Committee schedule for Finance and Infrastructure Committee consideration the request to connect an audio streaming system for meetings in Room 204 to the City Website.

The Committee referred to the Finance and Infrastructure Committee the consideration of connecting an audio feed for meetings in Room 204 to the City web site.

(h) Administrative Reviews and Approval

(1) 2001 Mid-Year Federal Legislative Report. Attachment: Memorandum from Director of Intergovernmental Relations, Betsy Shotwell, dated May 30, 2001, recommending acceptance of San José’s Washington D.C. Lobbyist’s Mid-Year Report on the status of Federal Legislation and the City’s appropriation requests.

The Committee recommended acceptance of the City’s Washington, D.C. lobbyist’s mid-year report on the status of federal legislation and the City’s appropriation requests.

(2) Request by Council Member Dando to use Council General funds to attend League of California Cities meetings in Monterey, CA, July 25-29, 2001. Attachments: (1) Memorandum from Council Member Dando dated May 30, 2001, requesting authorization to use Council General Funds. (2) Memorandum from City Clerk Patricia L. O’Hearn dated May 31, 2001, complying with City Council Policy 9-5 requirement when requests to use Council General Funds are considered by the Rules Committee.

The Committee recommended approval for Council Member Dando to use Council General Funds to attend the League of California Cities’ meetings in Monterey, CA, July 25-29, 2001.

(i) Oral communications

William Garbett commented on quorum and evening agenda items.

(j) Adjournment

The meeting was adjourned at 3:15 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, the Rules Committee Report and actions of

June 6, 2001 were accepted. Vote: 10-0-1-0. Absent: Chavez.

3.3 Report of the Finance and Infrastructure Committee – June 13, 2001 (Partial)

Documents Filed: Finance and Infrastructure Committee report of June 13, 2001.

(c) Convention Center Refunding. Attachment: Memorandum from Director of Finance Scott P. Johnson, and Director of Redevelopment Agency Finance & Administration David Baum dated June 4, 2001, recommending the approval of the Plan of Finance for refinancing the 1993 Revenue Bonds, Series C and direct City Staff to work with the financing team to develop the necessary bond documents for Council approval on June 19, 2001 for the sale of tax-exempt and taxable fixed rate bonds for the purpose of refunding on a current basis the outstanding bonds used to finance the San José McEnery Convention Center.

The Committee accepted the staff report.

Discussion/Action: See Joint City Council/San José Financing Authority/Redevelopment Agency Agenda Item 1.1 for action taken.

3.5 (a) Adoption of amendments to the annual appropriation ordinance and funding sources resolution for various operating funds to reflect estimated FY 2000-2001 revenue receipts, expenses, and encumbrances.

(b) (1) Adoption of amendments to the annual appropriation ordinance and funding sources resolution amendments for various Capital Funds to reflect estimated 2000-2001 available resources, changes in project expenditure estimates or schedules, technical adjustments, and the addition of new Capital projects;

(2) Adoption of a resolution making certain determinations regarding the expenditure of Redevelopment Agency funds on certain public improvements; and

(3) Approval of the establishment of a new Civic Center Parking Fund.

(City Manager’s Office)

Documents Filed: (1) Memorandum from Budget Director Larry D. Lisenbee, dated June 13, 2001, recommending Council approve said appropriation ordinance and funding sources resolution amendments in various funds detailed in Attachment A of the memorandum. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated June 14, 2001, recommending Council approve said appropriation ordinance and funding sources resolution amendments to various capital funds, adopt said resolution making certain determinations regarding related expenditures, and approve establishment of the Civic Center Parking fund to account for revenues and expenditures associated with the New Civic Center Parking Garages project.

Discussion/Action: Upon motion by Council Member Diquisto, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Ordinance No. 26413, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in Various Funds to Reflect Estimated 2000-2001 Revenue Receipts, Expenses and Encumbrances; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70434, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds For the Fiscal Year 2000-2001 to Adjust Revenues in Various Operating Funds”; Ordinance No. 26414, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in Various Capital Funds to Reflect Estimated 2000-2001 Available Resources, Changes in Project Expenditure Estimates and the Addition of New Capital Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70435, “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in Various Funds”; Resolution No. 70436, entitled: “Resolution of the Council of the City of San José Making Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds for Certain Public Improvements in The Alameda Redevelopment Project Area”, were adopted and the establishment of a new Civic Center Parking Fund approved. Vote: 10-0-1-0. Absent: Chavez.