City Council Meeting Minutes, 6-26-01

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, JUNE 26, 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 (A) To confer with Real Property Designated Representatives pursuant to Government Code Section 54956.8: (1) Property: APN 230-46-54, 55, 58 and 60; Designated Representatives Darrell Dearborn for the City of San José and Dan Shugart for FMC Corporation; Under Negotiation: Direction will concern purchase, price and terms of payment; and (B) 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 Trubshaw; (2) Simpson v. City of San José, et al.; and (3) City of San José v. Morgan Hill Unified School District, et.al.; to discuss anticipated litigation pursuant to Sub-section (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation and one matter regarding the initiation of litigation; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee: Alex Gurza; Employee Organization-Municipal Employees Federation.

By unanimous consent, Council reconvened from the Closed Session and recessed at 11:05 a.m. and reconvened at 1:38 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 (District 6)

Stephanie Keller and Adam Campbell from the Children’s Montgomery Theater, under the direction of the Executive Director Jennifer Sandretto Hull, performed an aria from West Side Story, singing as a duet the beautiful song entitled, “Tonight”.

Pledge of Allegiance

Mayor Gonzales led the Pledge of Allegiance.

Orders of the Day

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Item 2.47 as deferred to August 7, 2001, and the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.

CEREMONIAL ITEMS

1.1 Presentation of a commendation to Gil Garcia and Wendy Teague of Garcia Teague Architecture & Interiors in recognition of their award for the design of the Biblioteca Latinoamericana. (Chavez)

Documents filed: None.

Discussion/Action: Council Member Chavez joined Mayor Gonzales at the podium for presentation of a commendation to Gil Garcia and Wendy Teague in recognition of Garcia Teague Architecture & Interiors’ receiving a design award for the Biblioteca Latinoamericana. Gil Garcia accepted the commendation and thanked the Mayor and Council Members for their vision in making the Biblioteca Latinoamericana a reality.

1.2 Presentation of a Commendation to The Community Service Area 1 Team who received the PRNS Director’s Challenge Award for their part in the opening of a new community center serving the constituents of District One. (LeZotte)

Documents filed: None.

Discussion/Action: This item was deferred to August 7, 2001.

1.3 Presentation of commendation to Director of Planning, Building and Code Enforcement, James R. Derryberry, on his retirement from City Service, and recognizing his years of service to the residents of San José.

Documents filed: None.

Discussion/Action: Mayor Ron Gonzales and City Manager Del D. Borgsdorf presented a commendation to Jim Derryberry, Director of the Department of Planning, Building and Code Enforcement, on the occasion of his retirement from City Service. The Mayor and City Manager Borgsdorf commended Director Derryberry for his many accomplishments in his years of service and for professional leadership as part of the Senior Management of the City of San Jose. Director Derryberry thanked the Mayor and City Manager for the recognition and commended the staff of the Department of Planning, Building and Code Enforcement for their exemplary commitment to public service.

1.4 Recognition of Legislative Secretary Doris Casey on her retirement in August 2001.

Documents filed: None.

Discussion/Action: Mayor Gonzales and City Clerk Patricia L. O’Hearn presented a floral bouquet to Doris Casey, Legislative Secretary, on the occasion of her coming retirement from City service in August, 2001, and commended her work both in the Office of the City Clerk and at numerous meetings of the San José City Council.

RECESS/RECONVENE

The Council of City of San José recessed at 2:00 and reconvened at 2:07 p.m. to hear Item 7.1 in a Joint Council/Redevelopment Agency session, recessed at 2:22 p.m. and reconvened at 2:23 p.m. to hear the remainder of the City Council June 26, 2001 agenda.

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

Absent: Council Members - None.

CONSENT CALENDAR

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

2.1 Final adoption of ordinances:

(a) ORD. NO. 26410 – Grants a Commercial Solid Waste and Recyclables Collection Franchise to All Points Roll Off, Inc.

(b) ORD. NO. 26411 – Establishes an Underground Utility District at King Road, from Story Road to Marsh Street.

(c) ORD. NO. 26412 – Authorizes 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.

(d) ORD. NO. 26416 – Amends Chapter 3.36 of Title 3 of the San José Municipal Code to establish a separate Medical Benefits Account in the Police and Fire Department Retirement Fund for medical and dental benefits and to provide for reimbursement of Police and Fire retirees for certain Medicare Part B payments.

(e) ORD. NO. 26417 – Amends Chapter 3.44 of Title 3 of the San José Municipal Code to provide a flat 3% cost-of-living adjustment effective February 1, 2002, for persons retired from the Police and Fire Department Retirement Plan and for survivors of members or retirees.

(f) ORD. NO. 26419 – Amends Title 9 of the San José Municipal Code by adding a new Chapter 9.54 to restrict the discing of vegetation on certain lands.

(g) ORD. NO. 26422 – Amends Sections 14.25.520 and 14.25.530 of Chapter 14.25 of Title 14 of the San José Municipal Code and amends Sections 19.38.520 and 19.38.530 of Chapter 19.38 of Title 19 to extend both the suspension of the low income unit exemption and the voucher payment procedure from July 1, 2001 to July 1, 2004.

(h) ORD. NO. 26423 – Rezones certain real property situated on the northeasterly terminus of Skyway Drive, extending to the southwesterly corner of Senter Road and Diamond Heights Drive. PDC 00-08-065.

(i) ORD. NO. 26424 - Rezones certain real property situated at the northwest corner of Union Avenue and State Route 85. PDC 01-01-009.

(j) ORD. NO. 26425 - Rezones certain real property situated on the south side of University Avenue approximately 170 feet easterly of the Alameda. PDC 01-02-030.

(k) ORD. NO. 26426 - Rezones certain real property situated on the west side of Lone Hill Road, 350 feet northerly of Los Gatos-Almaden Road. PDC 00-08-076.

(l) ORD. NO. 26427 - Rezones certain real property situated at the easterly side of Winchester Boulevard opposite Olin and Olsen Drives. PDCSH 01-02-023.

(m) ORD. NO. 26428 - Rezones certain real property situated on both sides of McCarthy Boulevard, at the westerly terminus of Dixon Landing Road. PDC 99-09-078.

(n) ORD. NO. 26429 - Rezones certain real property situated at the north side of Berryessa Road, approximately 50 feet easterly of Mabury Road (929 Berryessa Road). PDC 00-12-124.

(o) ORD. NO. 26430 - Rezones certain real property situated on the east side of Pamela Avenue, approximately 130 feet south of McKee Road. PDC 00-09-093.

(p) ORD. NO. 26431 - Rezones certain real property situated on the southeasterly corner of Willow Street and Delmas Avenue. PDC 01-02-031.

(q) ORD. NO. 26432 - Rezones certain real property situated on the west side of South Autumn Street, approximately 90 feet north of West San Fernando Street (91 S. Autumn Street). C 01-03-033.

(r) ORD. NO. 26433 - Rezones certain real property situated on the north side of Julian Street, approximately 70 feet west of Montgomery Street. C 01-03-035

(s) ORD. NO. 26434 - Rezones certain real property situated on the east side of Monterey Road, approximately 1000 feet north of Tully Road. PDC 01-05-059.

(t) ORD. NO. 26435 - Rezones certain real property situated on the north side of Blossom Hill Road, between Santa Teresa Boulevard and Winfield Boulevard. PDC 00-09-088.

(u) ORD. NO. 26436 – Approves and adopts the ninth amended West San Carlos Street Redevelopment Plan which extends the eminent domain authority of the Agency through December 31, 2010; and making certain findings.

(v) ORD. NO. 26437 - Approves and adopts the tenth amended The Alameda Redevelopment Plan which extends the eminent domain authority of the Agency, including over residential property, through December 31, 2010; and making certain findings.

Documents filed: Proofs of publication of title of Ordinance Nos. 26410, 26411, 26412, 26416, 26417, 26419, 26422, 26423, 26424, 26425, 26426, 26427, 26428, 26429, 26430, 26431, 26432, 26433, 26434, 26435, 26436, and 26437, executed on June 19 and 22, 2001, submitted by the City Clerk.

Discussion/Action: William J. Garbett spoke in opposition to Ordinance Nos. 26435, 26436 and 26437. Ordinance Nos. 26410, 26411, 26412, 26416, 26417, 26419, 26422, 26423, 26424, 26425, 26426, 26427, 26428, 26429, 26430, 26431, 26432, 26433, 26434, 26435, 26436, and 26437 were adopted. Vote: 11-0-0-0.

2.2 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)

(Deferred from 6/12/01 – Item 2.6)

Documents filed: (1) Memorandum from Mayor Gonzales and Council Members Yeager and Chavez, dated June 25, 2001, recommending Council (a) Direct the City Attorney to work with all airlines who have a lease at San José International Airport in preparing an airline conformance plan that details specific measures and/or information on how they will meet the City’s aircraft curfew, including an elimination of both compliant and non-compliant violations, and to report back to Council within 90 days; (b) Direct Staff to report any conformance plans to the Airport Curfew Monitoring Committee for its input so that the Committee can make recommendations to the City Council; (c) Direct Staff to seek ways with the Federal Aviation Administration to modify the City’s current “grandfathered” curfew to establish fines and penalties for non-compliance; and (d) Direct the City Attorney to investigate the feasibility of taking action against airlines that have a pattern of curfew violations for unfair business practices. (2) Memorandum from City Attorney Richard Doyle, dated June 22, 2001, advising of legal remedies available to address airline curfew violations of the Airport Noise Control Program. (3) Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 21, 2001, recommending approval of a first amendment to said lease of airport premises with United Airlines, Inc., for Terminal C Office Space.

Discussion/Action: Council approved the direction to the Administration relative to Airline Noise Mitigation measures as recommended in memorandum dated June 25, 2001, by Mayor Gonzales and Council Members Yeager and Chavez, and Resolution No. 70461, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a First Amendment to the Lease of San José International Airport Premises with United Airlines, Inc., for Terminal C Baggage Claim Office Space, with Projected Annual Revenue to the City in the Amount of $10,000”, was adopted. Vote: 11-0-0-0.

2.3 Adoption of a resolution authorizing the City Manager to award a 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: ND. (Public Works)

(Deferred from 6/5/01 – Item 2.14)

Documents filed: None.

Discussion/Action: This item was deferred to August 7, 2001.

2.4 Adoption of a resolution authorizing the City Attorney to execute the sixth amendment to the legal services agreement with Ogden, Gibson, White, and Broocks to increase compensation by $120,000, from $565,000 to a total amount not to exceed $685,000. (Board of Administration for the Police & Fire Department Retirement Plan)

Documents filed: Memorandum from Board of Administration for the Police and Fire Department’s Retirement Plan, dated June 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70462, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Execute the Sixth Amendment to the Legal Services Agreement with Ogden, Gibson, White & Broocks to Increase the Compensation by $120,000 for a Total Not to Exceed $685,000”, was adopted. Vote: 11-0-0-0.

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

(a) A third amendment to the agreement with Gardner Family Health Network, Inc. for participation in the San José Municipal Health Services Program, to extend the term through June 30, 2005;

(b) An agreement with the County of Santa Clara for participation in the San José Municipal Health Services Program, for the period of January 1, 2000 through June 30, 2005.

(City Attorney's Office)

Documents filed: Memoranda from City Attorney Richard Doyle, dated June 14 and 21, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70463, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute Provider Agreements with Gardner Family Health Network, Inc. and the County of Santa Clara for Participation in the San José Municipal Health Services Program, to Extend the Term Through June 30, 2005”, was adopted. Vote: 11-0-0-0.

2.6 Adoption of a resolution authorizing the City Attorney to negotiate and execute a third amendment to the legal services agreement with Curiale, Dellaverson, Hirschfeld, Kelly & Kraemer, extending the term through December 31, 2001, and increasing compensation by $30,000, to a total amount not to exceed $180,000. (City Attorney's Office)

Documents filed: Memorandum from City Attorney Richard Doyle, dated June 14, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70464, 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 Curiale, Dellaverson, Hirschfeld, Kelly & Kraemer, Extending the Term Through December 31, 2001, and Increasing Compensation by $30,000, for a total not to Exceed $180,000”, was adopted. Vote: 11-0-0-0.

2.7 Approval of an agreement with John Montgomery, for the provision of services as the City’s legislative representative in Washington, D.C., for the period July 1, 2001 through June 30, 2002, in an amount not to exceed $117,267. (City Manager’s Office)

Documents filed: Memorandum from Director of Intergovernmental Relations, Betsy Shotwell, dated May 30, 2001, recommending approval of said agreement.

Discussion/Action: The agreement with John Montgomery for the provision of said services as the City’s legislative representative in Washington, D.C., was approved and its execution authorized. Vote: 11-0-0-0.

2.8 Adoption of a resolution:

(a) Permitting the installation of the SharkByte Art temporary exhibit on city sidewalks.

(b) Authorizing the City Manager to negotiate and execute an agreement with the San José Downtown Association regarding design review, liability coverage, required conditions, permits, and approvals for the exhibit.

CEQA: Exempt. Council District 3. (Conventions, Arts and Entertainment)

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

Discussion/Action: Resolution No. 70465, entitled: “A Resolution of the Council of the City of San José Permitting the Installation of the SharkByte Art Temporary Exhibit on City Sidewalks; Authorizing the City Manager to Negotiate and Execute an Agreement with the San José Downtown Association Regarding Design Review, Liability Coverage, Required Conditions, Permits and Approvals for the Exhibit; and Granting San José Downtown Association a $20,000 Sponsorship to be used to Cover Project Expenses”, was adopted. Vote: 11-0-0-0.

2.9 Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the Tech Museum of Innovation for completing miscellaneous public improvements, for a total amount not to exceed $115,000. (Conventions, Arts and Entertainment)

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

Discussion/Action: Resolution No. 70466, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Grant Agreement with the Tech Museum of Innovation to Complete Miscellaneous Public Improvements in an Amount Not to Exceed $115,000”, was adopted. Vote: 11-0-0-0.

2.10 Approval of an agreement with the Hispanic Chamber of Commerce to provide business services for the period July 1, 2001 to June 30, 2002, in an amount not to exceed $104,000. (Economic Development)

Documents filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated May 29, 2001, recommending approval of said agreement with the Hispanic Chamber of Commerce.

Discussion/Action: The agreement with the Hispanic Chamber of Commerce was approved. Vote: 11-0-0-0.

2.11 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Economic and Social Opportunities Inc. for an amount not to exceed $1,000,000, to establish and administer a program for the period July 1, 2001 through June 30, 2002 providing:

(a) Financial assistance for energy bill payments to eligible residents of San José as defined by the California Low Income Home Energy Assistance Program guidelines;

(b) Energy efficiency education, audits, and improvements to eligible San José residents as defined by the City of San José Community Development Block Grant guidelines.

(Environmental Services)

Renumbered to Item 7.10

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 14, 2001, recommending adoption of said resolution.

Discussion/Action: See Item 7.10 for Council action taken.

2.12 Approval of a second amendment to the consultant agreement with EOA, Inc. to continue to perform Advanced Regulatory Analysis, extending the term of the agreement by one year, from June 30, 2001 to June 30, 2002, at no additional cost to the City. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 14, 2001, recommending approval of a second amendment to said agreement with EOA, Inc. (2) Letter from the Treatment Plant Advisory Committee dated June 14, 2001, stating concurrence with the Staff recommendation.

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

2.13 Approval of the seventh amendment to the agreement with GreenTeam of San José for Multi-Family Integrated Waste Management Services, to expand the Recycle Plus multi-family waste oil and oil filter collection pilot to a City-wide collection program, to revise the pilot program compensation for FY 2001-02 to a minimum of $5,000 per month and a total not to exceed $120,000, and to extend the term of the oil recycling program by twelve months, from July 1, 2001 to June 30, 2002. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 4, 2001, recommending approval of a seventh amendment to said agreement with GreenTeam of San José.

Discussion/Action: The seventh amendment to said agreement with GreenTeam of San José was approved and its execution authorized. Vote: 11-0-0-0.

2.14 Approval of a fourth amendment to the agreement with San José State University Foundation for environmental research projects to revise the scope of work and schedule of performance, increase compensation by $45,000, from $215,000, for a total amount not to exceed $260,000, and extend the term of the agreement by four months, from March 1, 2002 to June 30, 2002. CEQA: Exempt. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 4, 2001, recommending approval of a fourth amendment to said agreement with San José State University Foundation.

Discussion/Action: The fourth amendment to said agreement with San José State University Foundation was approved and its execution authorized. Vote: 11-0-0-0. (2) Letter from the Treatment Plant Advisory Committee dated June 14, 2001, stating concurrence with the Staff recommendation.

2.15 Approval of a time extension to the consultant agreement with the Regents of the University of California on behalf of the University of California Cooperative Extension, Santa Clara for research on the use of municipally generated yard waste and food waste products, extending the term by twelve months, from August 1, 2001 through August 1, 2002, with no increase in compensation. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 4, 2001, recommending approval of an amendment to said agreement with the Regents of the University of California on behalf of the University of California Cooperative Extension.

Discussion/Action: The time extension to the consultant agreement with the Regents of the University of California on behalf of the University of California Cooperative Extension was approved and its execution authorized. Vote: 11-0-0-0.

2.16 Adoption of a resolution authorizing the City Manager to negotiate and execute a second amendment to the agreement with Conservation Retrofitter, Inc., DBA California Water Conservation Company, to extend each of the three program elements by one month, from June 30, 2002 to July 31, 2002, and to delay the beginning and ending dates of the small multi-family dwelling program element’s Optional Extended Services Period by the same time period of one month, to begin on August 1, 2001 and end on September 30, 2002, at no additional cost to the City. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 4, 2001, recommending adoption of said resolution. (2) Letter from the Treatment Plant Advisory Committee dated June 14, 2001, stating concurrence with the Staff recommendation.

Discussion/Action: Resolution No. 70467, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Second Amendment to the Agreement with Conservation Retrofitter, Inc., DBA California Water Conservation Company for the Ultra-Low Flush Toilet Installation Retrofit Program to Extend the Time for Completion of Program Elements and to Delay the Optional Extended Services Period”, was adopted. Vote: 11-0-0-0.

2.17 Approval of a first amendment to the agency agreement with the County of Santa Clara for the countywide household hazardous waste collection program to update the Emergency Collection Plan, provide the program event schedule for FY 2001-02, and to provide greater operational detail, at no cost to the City. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 4, 2001, recommending approval of a first amendment to said agreement with the County of Santa Clara County was approved and its execution authorized. Vote: 11-0-0-0.

Discussion/Action: The first amendment to said agreement with the County of Santa Clara was approved and its execution authorized. Vote: 11-0-0-0.

2.18 Approval of a first amendment to the agreement with Moore Iacofano Goltsman, Inc. to provide facilitation services for the Santa Clara Basin Watershed Management Initiative, extending the term of the agreement by one year, from June 30, 2001 to June 30, 2002, and revising the schedule of compensation, at no additional cost to the City. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 4, 2001, recommending approval of a first amendment to said agreement with Moore Iacofano Goltsman, Inc. (2) Letter from the Treatment Plant Advisory Committee dated June 14, 2001, stating concurrence with the Staff recommendation.

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

2.19 Adoption of a resolution authorizing the City Manager to negotiate and execute a fourth amendment to the agreement with the City of Milpitas to secure additional funding for construction of South Bay Water Recycling projects, increasing the maximum amount payable by $348,622, from $12,155,631 to a total not to exceed $12,504,253, and extending the term of the agreement by nine months, from December 31, 2002 to September 30, 2003. CEQA: Resolution No. 64667. (Environmental Services)

Discussion/Action: Resolution No. 70468, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Fourth Amendment to the Agreement with the City of Milpitas to Secure Additional Funding for Construction of South Bay Water Recycling Projects, Increasing the Maximum Amount Payable by $348,622 to a Total Amount in an Amount Not to Exceed $12,504,253, and Extending the Term of the Agreement to September 30, 2003”, was adopted. Vote: 11-0-0-0.

2.20 Approval of the third amendment to the general banking services agreement with Bank of America to extend the term of the agreement on a month-to month basis, not to exceed a period of three months at existing rates. (Finance)

Documents filed: Memorandum from Finance Director Scott P. Johnson, dated June 4, 2001, recommending approval of a third amendment to said agreement with Bank of America.

Discussion/Action: The third amendment to said agreement with Bank of America was approved and its execution authorized. Vote: 11-0-0-0.

2.21 Adoption of a resolution authorizing the City Manager to negotiate and execute the first amendment to the agreement with Fullerton & Friar, Inc. and Public Resources Advisory Group, for general financial advisory services related to the Airport Master Plan, to extend the term of the agreement from July 1, 2001 to June 30, 2002, and to increase the maximum amount of compensation from $300,000 to $610,000. (Finance/Airport)

Documents filed: Memorandum from Finance Director Scott P. Johnson, and Aviation Director Ralph Tonseth, dated May 29, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70469, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a First Amendment to the Agreement with Fullerton & Friar, Inc., and Public Resources Advisory Group for General Financial Advisory Services Related to the San José International Airport Master Plan to Extend the Term to June 30, 2002, in an Additional Amount Not to Exceed $310,000, for Total Compensation Not to Exceed $610,000”, was adopted. Vote: 11-0-0-0.

2.22 Approval of an agreement with Club One, Inc. to provide a comprehensive Wellness Program for the San José Fire Department in an amount not exceed $211,100, for the period July 1, 2001 to June 30, 2002. (Fire)

Documents filed: Memorandum from Fire Chief Manuel Alarcon, dated June 4, 2001, recommending approval of said agreement with Club One, Inc.

Discussion/Action: At Council Member LeZotte’s request, City Manager Del Borgsdorf reported that performance measures for the contract will be developed; and said agreement with Club One, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

2.23 Approval of an agreement with Howard E. Michael, M.D. to serve as Medical Director of the Fire Department EMS Program for the period July 1, 2001 to June 30, 2002, in an amount not to exceed $84,304. (Fire)

Documents filed: Memorandum from Fire Chief Manuel Alarcon, dated June 4, 2001, recommending approval of said agreement with Howard E. Michael, M.D.

Discussion/Action: The agreement with Howard E. Michael, M.D., was approved and its execution authorized. Vote: 11-0-0-0.

2.24 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #49, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated June 4, 2001, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List No. 49 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.

2.25 (a) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #1, and authorization for the Director of General Services to execute the purchase orders.

(b) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #2, and authorization for the Director of General Services to execute the purchase orders.

(General Services)

Documents filed: (1) Memoranda from Acting Director of General Services, Francis B. McVey, dated June 4, 2001, recommending approval of said open purchase order lists #1 and #2 for FY-2001-2001. (2) Letter from the Treatment Plant Advisory Committee dated June 14, 2001, stating concurrence with the Staff recommendation.

Discussion/Action: The award of open purchase orders List Nos. 1 and 2 were approved and the Director of General Services authorized to execute the purchase orders. Vote: 11-0-0-0.

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

(a) Execute an agreement for the acquisition of an integrated departmental database software program for the Housing Department with Housing & Development Software, Inc., at a total cost of $141,800, including tax, installation, integration, data conversion, and training; and

(b) Execute change orders in an amount not to exceed $50,000 for unanticipated requirements which may arise during the installation and integration of the various software modules.

(General Services)

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

Discussion/Action: Bill Brown, The Mitas Group, Inc., protested the recommended award, alleging the system bid by the low bidder does not fulfill the requirements of the Request for Quotation. In response to Mayor Gonzales’ inquiry whether the system proposed by the low bidder will serve the City’s needs, given the great disparity between the costs of the bids received, and to Council Member Williams’ concerns about ensuring future needs are met, Staff indicated the proposed system will meet the City’s needs for the foreseeable future, assuming there are no external forces or unfounded mandates to the contrary. Resolution No. 70470, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Agreement with Housing & Development Software, Inc., for an Integrated Departmental Database Software Program”, was adopted. Vote: 11-0-0-0.

2.27 Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the donation of one (1) sedan and one (1) pickup truck with a total estimated value of $3,250 to the San José Conservation Corps. (General Services)

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

Discussion/Action: Resolution No. 70471, entitled: “A Resolution of the Council of the City of San José Approving the Donation of Two Surplus Vehicles to the San José Conservation Corps”, was adopted. Vote: 11-0-0-0.

2.28 Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the sale of one (1) fire vehicle with a total sales price of $1,500 to Fire Brigade #38, Paradise Park Masonic Club. (General Services)

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

Discussion/Action: Resolution No. 70472, entitled: “A Resolution of the Council of the City of San José Approving the Sale of a Surplus Fire Vehicle to Fire Brigade #38, Paradise Park Masonic Club”, was adopted. Vote: 11-0-0-0.

2.29 Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the donation of one surplus Police bomb van with a total estimated value of $1,700 to the City of Mexicali, Mexico. (General Services)

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

Discussion/Action: Resolution No. 70473, entitled: “A Resolution of the Council of the City of San José Approving the Donation of One Surplus Police Bomb Van to the City of Mexicali, Mexico”, was adopted. Vote: 11-0-0-0.

2.30 Adoption of a resolution authorizing the Director of General Services to designate Pacific, Gas and Electric Co., under the Core Rate Schedule, as the supplier for the purchase of natural gas for the Water Pollution Control Plant and the Convention, Arts & Entertainment Department. (General Services)

Documents filed: (1) Memorandum from Acting Director of General Services, Francis B. McVey, dated June 4, 2001, recommending adoption of said resolution. (2) Letter from the Treatment Plant Advisory Committee dated June 14, 2001, stating concurrence with the Staff recommendation.

Discussion/Action: Resolution No. 70474, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Designate Pacific Gas & Electric Company as a Supplier for the Purchase of Natural Gas”, was adopted. Vote: 11-0-0-0.

2.31 Report on bids and award the purchase of one (1) mechanical broom-type street sweeping truck for the Transportation Department to the lowest responsive bidder, Ricker Machinery, at a total cost of $186,455.22, including tax, and authorization for the Director of General Services to execute the purchase order for the:

(a) Immediate purchase of one (1) unit; 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, Francis B. McVey, dated June 4, 2001, recommending award of said purchase to the lowest responsive bidder, Ricker Machinery.

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

2.32 Adoption of a resolution to:

(a) Amend the City Pay Plan to create job classifications for Senior Carpenter, Airport Operations Specialist, Senior and Airport Operations Specialist, Senior PT.

(b) Change job classification titles for Airport Operations Specialist II and Airport Operations Specialist II PT.

(Human Resources)

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

Discussion/Action: Resolution No. 70475, entitled: “A Resolution of the Council of the City of San José Amending the City of San José Pay Plan to Create Specified Job Classifications, to Change Job Classification Titles for Current Classifications and to Delete Obsolete Job Classifications”, was adopted. Vote: 11-0-0-0.

2.33 Adoption of a resolution, amending Resolution No. 70072, to revise the City Manager’s authorization to execute an agreement (modification #1) between Pacific Bell Telephone Company and the City of San José, for 311 service, for a total cost not to exceed $137,700, for the period July 1, 2000 to January 3, 2002. (Information Technology)

Documents filed: Memorandum from Wandzia Grycz, Chief Information Officer, dated June 4, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70476, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 70072 to Revise the City Manager’s Authority to Execute a Modification to the Agreement for 311 Service with Pacific Bell”, was adopted. Vote: 11-0-0-0.

2.34 Adoption of a resolution authorizing the City Manager to submit a joint application with the San José Conservation Corps for a grant amount of $167,570 for services performed by the San José Conservation Corps at Alum Rock Park under the Urban Streams Restoration Program and if awarded, negotiate and execute a grant agreement with the State of California, Department of Water Resources, for the period July 1, 2001 to June 30, 2002. (Parks, Recreation and Neighborhood Services)

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

Discussion/Action: Resolution No. 70477, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit a Joint Application with the San José Conservation Corps to the State of California Department of Water Resources for a Grant for the Urban Streams Restoration Program for the Period of July 1, 2001 through June 30, 2002, in an Amount Not to Exceed $167,570, to Negotiate and Execute the Grant Agreement if Awarded, and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.

2.35 Adoption of a resolution authorizing the City Manager to negotiate and execute agreements for Parks, Recreation and Neighborhood Services programs consistent with the amounts budgeted for these programs in the adopted budget for Fiscal Year 2001-02, and to accept grant funds from the County for provision of mental health services and senior nutrition programs, and accept funds from the City of Milpitas for animal services in amounts consistent with budgeted amounts, and on terms and conditions determined reasonable by the City Manager. (Parks, Recreation and Neighborhood Services)

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

Discussion/Action: City Manager Del Borgsdorf stated the Master Agreement with the Conservation Corps of San José will be completed within days and the Administration is requesting Council include that agreement as an addition to the list of agreements presented for approval. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortese, and unanimously carried, the verbal request of the City Manager to add to the Staff recommendation a Master Agreement for the San José Conservation Corps which is pending completion (Entitled: Master Agreement By and Between the City of San José and the San José Conservation Corps to Carry Out Community Improvement Activities,) the term of said contract to begin on July 1, 2001 and terminate on June 30, 2002), was approved, and Resolution No. 70478, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Various Agreements and to Accept Grant Funds for Parks, Recreation and Neighborhood Services Programs Consistent with the Amounts Budgeted for these Programs in the Adopted Budget for Fiscal Year 2001-2002”, was adopted. Vote: 11-0-0-0.

2.36 Adoption of a resolution requesting grant funding in the amount of $100,000 to replicate the Plugged In Program in San José by:

(a) Approving an application to the State Department of Parks and Recreation for a grant to replicate the Plugged In Program in San José.

(b) Authorizing the City Manager to negotiate and execute all documents relating to the grant application and the associated funding agreement.

(c) Direction to the staff of the Parks, Recreation and Neighborhood Services to complete the grant application and to submit it to the State Department of Parks and Recreation.

Council District 5. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 13, 2001, recommending adoption of said resolution.

Discussion/Action: In response to Council Member Campos’ questions about the locations and determinate for site selection, Mark Linder, Director of Parks, Recreation and Neighborhood Services, stated an Information Memorandum will be provided to Council. Resolution No. 70479, entitled: “A Resolution of the Council of the City of San José Approving the Application for Grant Funds from the California Department of Parks and Recreation for the Plugged In Program”, was adopted. Vote: 11-0-0-0.

2.37 Adoption of a resolution authorizing the City Manager to negotiate and execute a consultant agreement, for a maximum compensation of $82,500, with the ROMA Design Group for urban design services to be included in the preparation of the East Gardner Specific Plan. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated May 10, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70480, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Roma Design Group for Urban Design Services for the East Gardner Specific Plan in an Amount not to Exceed $82,500”, was adopted. Vote: 11-0-0-0.

2.38 (a) Initiate and refer to the 2001 Annual Review of the General Plan, eleven land use amendments to the San Jose 2020 General Plan Land Use/Transportation Diagram to strengthen San Jose’s industrial land base.

(b) Initiate and refer to the 2001 Annual Review of the General Plan, text amendments to strengthen pedestrian and related policies as recommended by the Pedestrian Issues Task Force.

(Planning, Building and Code Enforcement)

Documents filed: Memoranda from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 7 and 18, 2001, recommending Council initiate and refer to the 2001 Annual Review of the General Plan, eleven land use amendments to the San José 2020 General Plan Land Use/Transportation Diagram and text amendments as recommended by the Pedestrian Issues Task Force.

Discussion/Action: Council Member Reed expressed concerns about protecting lands available for critical suppliers of high technology companies and moved approval of the Staff recommendation, with the following amendments: (1) Staff to include in the 2001 Annual General Plan review language that would facilitate critical suppliers and similar uses to be allowed in Industrial Park designations, Research and Development, and Campus Industrial General Plan designations; (2) Staff to analyze the impact which the staff recommendation to withdraw the overlay would have on social services which use those areas; (3) Staff to report back with an analysis of the zoning code changes which would be needed to allow light industrial users to locate in other areas. The Staff report and recommendations dated June 7 and 18, 2001, were approved, and said General Plan amendments were referred to the 2001 Annual Review of the General Plan.

2.39 Approval of a continuation to a consultant agreement with Jones & Stokes Associates increasing compensation by $5,000, to $60,000; amending the scope of services to include delivery of an electronic version of the Riparian Restoration Action Plan; amending Exhibit D, Compensation, to state that the final $6,000 of compensation is to be paid upon receipt of final product; and extending the term to September 30, 2001 with all other provisions of the agreement remaining in effect. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 8, 2001, recommending approval of a continuation to said agreement with Jones & Stokes Associates.

Discussion/Action: The continuation to said agreement with Jones & Stokes Associates was approved and its execution authorized. Vote: 11-0-0-0.

2.40 Adoption of a resolution authorizing the reorganization of territory designated as Edenvale No. 22, which involves the annexation to the City of San José of 43.7 acres of land, located at the north side of Hillsdale Avenue opposite Vistapark Drive, and the detachment of the same from the Central Fire District and the Santa Clara County Library Services Area. CEQA: Resolution No. 70194. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 19, 2001, recommending adoption of said resolution.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 70481, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Edenvale No. 22 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0.

2.41 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute a consulting agreement with the consultant team of Marcy Li Wong and Associates and Ekona Planning and Architecture for the preparation of a Future Police Services Delivery Strategies study for the period June 26, 2001 to July 31, 2002, in an amount not to exceed $250,000.

(b) Acceptance of the Workplan for the Future Police Service Delivery Strategies study.

(Police)

Documents filed: Memorandum from Chief of Police, William M. Lansdowne, dated June 7, 2001, recommending adoption of said resolution and acceptance of the Workplan for the Future Police Service Delivery Strategies Study.

Discussion/Action: In response to questions from Council Member Chavez, Police Chief Lansdowne stated that the study as currently designed would track the Department’s overall service to the City, but Staff will include in the study an analysis of the effectiveness of the City’s 311 phone number, to review distribution of resources to accommodate peak time, and to track when other non-City public safety personnel are in the area. The Workplan for the Future Police Service Delivery Strategies study was accepted, as amended by Council direction, and Resolution No. 70482, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Consultant Agreement with the Consultant Team of Marcy Li Wong & Associates and Ekona Planning and Architecture to Prepare a Future Police Services Delivery Strategies Study for the Period from the Date of Execution of the Agreement through July 31, 2002, in an Amount Not to Exceed $250,000”, was adopted. Vote: 11-0-0-0.

2.42 (a) Adoption of a resolution authorizing the City Manager to accept the Office of Criminal Justice Planning grant award in the amount of $110,000 for one year for a Domestic Violence grant, and to execute all related documents.

(b) Adoption of related appropriation ordinance and funding sources resolution amendments in the General Fund for Fiscal Year 2001-2002 in the net amount of $110,000.

(Police/City Manager’s Office)

Documents filed: Memorandum from Chief of Police, William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated June 4, 2001, recommending authorizing the City Manager to accept said Office of Criminal Justice Planning grant award, and the adoption of appropriation ordinance and related revenue resolution amendments.

Discussion/Action: Resolution No. 70483, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Domestic Violence Grant from the State Office of Criminal Justice Planning in an Amount Not to Exceed $110,000, and to Execute All Related Documents”; Ordinance No. 26438, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the General Fund in Amount of $146,667 for Office Criminal Justice Planning (OCJP) Domestic Violence Grant; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70484, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, were adopted. Vote: 11-0-0-0.

2.43 (a) Approval of the addition of $370,000 for communications equipment to the Police Department's Spending Plan for the Supplemental Law Enforcement Services Fund.

(b) Adoption of amendments to the annual appropriation ordinance in the Supplemental Law Enforcement Services Fund for Fiscal Year 2001-02 in the amount of $370,000.

(Police/City Manager’s Office)

Documents filed: Memorandum from Budget Director Larry D. Lisenbee and Police Chief William M. Lansdowne, dated June 4, 2001, recommending approval of $370,000 for communications equipment to the Police Department’s Spending Plan for the Supplemental Law Enforcement Services Fund, and recommending approval of said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: The addition of $370,000 for the Supplemental Law Enforcement Services Fund was approved, and Ordinance No. 26439 entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the San José Police Department Supplemental Law Enforcement Services Fund in the Amount of $370,000 for Communications Equipment; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.

2.44 Approval of a one-year lease agreement with Kinco Mercado Real, LLC for 3,420 square feet of office space to transition control of the Animal Control Dispatch Facility from South Bay Animal Control to the City. (Public Works)

Documents filed: (1) Memorandum from Acting Director of Public Works, Rajeev Batra, dated May 29, 2001, recommending approval of said lease agreement with Kinco Mercado Real, LLC. (2) Correspondence dated June 22, 2001, from Margie, Associate Professor, Previous Dispatch and Police Reserve.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. The agreement with Kinco Mercado Real, LLC was approved and its execution authorized. Vote: 11-0-0-0.

2.45 Approval of an agreement with Yerba Buena, OPCO, LLC, Whitehall Street Real Estate Limited Partnership XIII, Whitehall Parallel Real Estate Limited Partnership XIII, DLJ Real Estate Capital Partners and Walton Evergreen Partners III, LLC for funding and investigation of the feasibility of providing public financing for the acquisition and construction of public infrastructure improvements required for the Evergreen Industrial Development. Council District 8. (Public Works)

Documents filed: None.

Discussion/Action: This item was deferred to August 7, 2001.

2.46 Approval of an amendment to the lease agreement with Luxport Properties for 6600 square feet of office space located at 800 North First Street, replacing the name of Luxport Properties to the name of its successor, 800 N. First Street, LLC and extending the term of the agreement by an additional three (3) years from 60 months to 96 months with a rental rate of $22,770 per month during the first year of the three (3) year extended term, increasing to $23,628 per month and $24,618 per month during the second and third year of the extended term respectively. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated June 21, 2001, recommending approval of an amendment to said agreement with Luxport Properties.

Discussion/Action: The amendment to said agreement with Luxport Properties was approved and its execution authorized. Vote: 11-0-0-0.

2.47 Adoption of a resolution approving rate schedules and standardized non-exclusive property use agreements for placement of telecommunications equipment on City and Airport Property and authorizing the City Manager to execute such use agreements in the future if they are submitted for signature without substantive amendment. CEQA: Exempt. (Public Works)

Documents filed: None.

Discussion/Action: William J. Garbett spoke in opposition to the proposal. This item was deferred to August 7, 2001.

2.48 Approval of the first amendment to the agreement with Sugimura & Associates, Architects for architectural services for the Gardner Neighborhood Community Center & Biebrach Park Master Plan Project, increasing compensation by $139,500, from $49,500 to a total agreement amount of $189,000. Council District 3. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated June 4, 2001, recommending approval of a first amendment to said agreement with Sugimura & Associates, Architects.

Discussion/Action: The first amendment to said agreement with Sugimura & Associates, Architects was approved and its execution authorized. Vote: 11-0-0-0.

2.49 Report on bids and award of contract for the Scott Street Sidewalk Improvement Project to the low bidder, Bellicitti and Pelliciotti Construction, Inc., in the amount of $209,545, and approval of a contingency in the amount of $21,000. CEQA: ND. Council District 6. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, Rajeev Batra, dated June 4, 2001, recommending award of said contract, with related contingency, to the low bidder, Bellicitti and Pelliciotti Construction, Inc.

Discussion/Action: The award of said contract, and related contingency, to the low bidder, Bellicitti and Pelliciotti Construction, Inc. was approved and its execution authorized. Vote: 11-0-0-0.

2.50