MINUTES OF THE CITY COUNCIL
SAN JOSE, CALIFORNIA TUESDAY,
SEPTEMBER 25, 2001
The Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - None.
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In re Mattos; (2) Ruffo, et al., v. City of San José, et al.; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation and one matter regarding the initiation of litigation; and to conduct Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: Independent Police Auditor.
By unanimous consent, Council reconvened from the Closed Session and recessed at 11:15 a.m. and reconvened at 1:35 p.m. in the Council Chambers.
Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members - None.
Invocation
The Reverend Ellen Grace O'Brian, Pastor of Center for Spiritual Enlightenment, delivered the invocation. (District 8)
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 Chavez, and unanimously carried, the Orders of the Day were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
1.3 Presentation of a new newsmagazine program on CivicCenter Television called “San José inFocus.” (City Manager’s Office)
(Deferred from 9/18/01 – Item 1.1)
Documents filed: None.
Discussion/Action: Manager of Public Education and Outreach for the City of San José, Tom Manheim presented a preview of the newly created news magazine program “San José inFocus”, which will air on Mondays, Wednesdays and Sundays at 10:00 a.m. and 7:00 p.m. Beginning with the first program on October 1, 2001, he stated each month will feature programs on a wide variety of subjects to be enjoyed by the entire region.
1.4 Presentation of a commendation recognizing Neil Parry for his personal courage and persistence in pursuit of a football career at San José State University. (Mayor)
(Deferred from 9/18/01 – Item 1.2)
Documents filed: None.
Discussion/Action: Mayor Gonzales invited Neil Parry to the Podium and presented the commendation recognizing the athlete for his personal courage, dedication and commitment to continuing his academic career and aspiration to play football for the Spartans. Neil was a special team player on the San José State University football team when he was injured on October 14, 2001. He has undergone 15 surgeries, learned to walk with an artificial limb, and spent months in fitness training. Mayor Gonzales applauded Neil for his persistence in pursuit of an academic and athletic career.
1.5 Presentation of a commendation recognizing the San José Fire Department Emergency Medical Dispatchers for achieving the Accredited Center of Excellence Award from the National Academy of Emergency Medical Dispatch. (Fire)
(Deferred from 9/18/01 – Item 1.3)
Documents filed: (1) Memorandum from Fire Chief Manuel P. Alarcon, dated August 27, 2001, recommending Council recognize the San José Fire Department Emergency Medical Dispatchers for achieving the Accredited Center of Excellence Award from the National Academy of Emergency Medical Dispatch.
Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Diquisto, Senior Deputy City Manager Darrell Dearborn, Deputy Fire Chief McMillan, and National Academy of Emergency Medical Dispatch Executive Director, Robert Martin, who presented the prestigious award to the San José Fire Department Emergency Medical Dispatchers who provide emergency medical assistance to more than 35,000 callers annually and assistance to callers at a compliance level that exceeds the only international standard set for Emergency Medical Dispatch. Deputy Fire Chief McMillan accepted the commendation and introduced Medical Dispatchers Jessica Araiza, Joanne Bartholdy, Stephanie Buffoni-Sprague, Jennifer Burnham, Bruce Cannon, Dan Cortez, Tracy Deitschman, Maureen Dyette, Brian Ferry, Doreen Hargrave, Cindy Hawke, Dave Hill, Roy Hovey, Patty Hubbard, Brenda Jaime, Kelly Jargick, Eric Joslin, Steven Klass, Sally Lane, Randall Larson, Lee Ann Magoski, Deanna Mateo, Robert Meineke, Nadine Nelson, Marie Rangel, Linda Rojas, Sylvia Sancen, Cathy Sgambati, Lisa Smyth, Kyle Sohn, Lisa Solomon, Meredith Studebaker, John Thompson, Cheryl Turay, Auggie Vargas, and Teresa Zagalo. Deputy Fire Chief McMillan introduced members of the Cohen, Perez, and Hinch families and acknowledged their heroic actions that resulted in saving the lives of several San José residents.
1.1 Presentation of a commendation to Carol Reed, Central Procurement Manager in the Department of General Services, for her 28 years of service with the City of San José. (General Services)
Documents filed: None.
Discussion/Action: Joining Mayor Gonzales at the Podium were Senior Deputy City Manager Darrell Dearborn, Acting Director of General Services Francis B. McVey, and honoree Carol Reed who was commended for her outstanding service to the City of San José. Mayor Gonzales presented an award and plaque to Carol and extended the City’s best wishes on her retirement.
1.2 Presentation of a commendation and award for the City of San
José’s Outstanding Employee Award to the Frontline Leadership Academy Training
Team, General Services. (City Manager’s
Office)
Documents filed: Memorandum from Assistant to the City Manager Pamela Jacobs, dated September 11, 2001, forwarding the City Manager’s recommend that Council present the City of San José’s Outstanding Employee Award to the Frontline Leadership Academy Training Team in General Services.
Discussion/Action: Senior Deputy City Manager Darrell Dearborn, and Acting Director of General Services Francis B. McVey, who invited the City’s Frontline Leadership Academy Training Team to the Podium, joined Mayor Gonzales in commending the outstanding contributions of the Frontline Leadership Academy Training Team to improve the quality of training and management in their department. Mayor Gonzales presented the award and commendation to Elton Rodriguez, Groundsworker, Gay Gale, Senior Analyst, Ken Burnthorn, Senior Mechanic, and Karena McGee, Acting Administrative Officer. The families of the honorees were introduced and asked to stand to be recognized.
Council Member Yeager left Chambers at this point in the meeting.
CONSENT CALENDAR
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 10-0-1-0. Absent: Yeager.
2.1 Approval
of City Council Minutes for the regular meeting of May 29, 2001.
Documents filed: Minutes of May 29, 2001.
Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Yeager.
2.3 Adoption of a Resolution authorizing the Director of General Services to execute the first amendment to the Agreement with ShuttlePort California, LLC, for management of Airport Common Use Rental Car Bus System, to increase compensation in an amount not to exceed $200,000, for a total first year cost not to exceed $3,700,000. CEQA: Resolution No. 67380. (Airport/General Services)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth & Francis B. McVey, Acting Director of General Services, dated September 5, 2001, recommending adoption of said Resolution.
Discussion/Action:
Resolution No. 70620, entitled: “A
Resolution of the Council of the City of San José Authorizing the Director of
General Services to Execute the First Amendment to the Agreement with
ShuttlePort, California, LLC for Management of the Airport Common Use Rental
Bus System”, was adopted. Vote: 10-0-1-0. Absent: Yeager.
2.4 Adoption of a Resolution authorizing Patricia Gibbons to select surplus property from state and federal sources for use by the City of San José and its volunteer programs. (Emergency Services)
Documents filed: Memorandum from Director of the Office of Emergency Services Frances Edwards-Winslow, recommending adoption of said Resolution.
Discussion/Action: Resolution No. 70621, entitled: “A Resolution of the Council of the City of San José Authorizing Patricia Gibbons to Acquire Federal Surplus Property from the California State Agency for Surplus Property”, was adopted. Vote: 10-0-1-0. Absent: Yeager.
2.5 Approval of an Agreement with DMG Maximus for consultant services for the preparation of the City's claims for reimbursement of State-mandated costs for the period October 1, 2001 through September 30, 2002, with two one-year options to extend the term to September 30, 2004, for a total compensation in an amount not to exceed $112,850. (Finance)
Documents filed: Memorandum from Director of Finance Scott P. Johnson, dated September 5, 2001, recommending approval of said Agreement with DMG Maximus.
Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. The consultant services Agreement with DMG Maximus was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.
2.6 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #7, 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 September 5, 2001, recommending award of said open purchase order.
Discussion/Action: The award of open purchase orders List #7 for fiscal year 2001-2002 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Yeager.
2.7 Adoption of a Resolution authorizing the Director of General Services to:
(a) Execute
an Agreement for the period October 1, 2001 through September 30, 2002, for
hardware and software maintenance on the Automated Fingerprint Identification
System remote sites and associated equipment maintained by the Central
Identification Unit with Printrak International, Inc., at a total cost,
including tax, of $197,919.
(b) Exercise
four one-year options to renew with an increase in cost not to exceed 5% per
year based on Council appropriation of the funds each year.
(Police)
Documents filed: Memorandum from Chief of Police William M. Lansdowne, dated September 5, 2001, recommending adoption of said Resolution.
Discussion/Action:
Resolution No. 70622, entitled: “A
Resolution of the Council of the City of San José Authorizing the Director of
General Services to Execute a Maintenance Agreement with Printrak
International, Inc.”, was adopted. Vote: 10-0-1-0. Absent: Yeager.
2.8 Approval of a 60-month lease Agreement with First Street Properties, a California Limited Partnership for 3,472 square feet of office space on the second floor of their building located at 1155 N. First Street, requiring the City to pay rent of $6,944 per month for the first year of the lease, increasing to a maximum of $8,436.96 per month during the final year of the lease, and additionally pays upfront tenant improvements not to exceed $150,000. (Public Works)
Documents filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated September 5, 2001, recommending approval of said lease Agreement.
Discussion/Action: The lease Agreement with First Street Properties, a California Limited Partnership was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.
2.9 Report on bids and award of contract for River Glen Park Renovation Project to the low bidder, HRB Construction, Inc., to include the base bid and Add Alternate Nos. 1 and 2, in the amount of $358,809, and approval of a contingency in the amount of $36,000. CEQA: Exempt. Council District 6. (Public Works)
Documents filed: (1) Memorandum from, Acting Director of Public Works Rajeev Batra dated September 5, 2001, recommending award of said contract and related contingency to the low bidder. (2) Supplemental memorandum from Acting Director of Public Works Rajeev Batra, dated September 19, 2001, recommending award of said contract and related contingency to the low bidder, HRB Construction, Inc.
Discussion/Action: The report on bids was accepted and award the contract and related contingency to HRB Construction, Inc. the low bidder, were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Yeager.
2.10 Approval of a 46-month lease Agreement with Civic Center Office Investors, LLC, for 1,967 square feet of office space on the sixth floor of their building located at 675 N. First Street, at a rental rate of $5,605.95 per month for the first year of the lease, with annual increases to $6,676.77 per month during the final ten months of the lease. (Public Works)
Documents filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated September 5, 2001, recommending approval of said lease Agreement with Civic Center Office Investors, LLC.
Discussion/Action: The lease Agreement with Civic Center Office Investors, LLC, was approved and execution of the Agreement authorized. Vote: 10-0-1-0. Absent: Yeager.
END OF CONSENT CALENDAR
Documents filed: Rules Report of September 12, 2001.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
The
Redevelopment Agency items to be reported out at Redevelopment Agency Board
meeting.
(b) City Council
(1) Review September 25, 2001 Draft Agenda
The
Committee approved the September 25, 2001 City Council Agenda.
(2) Add New Items to September 18, 2001
Amended Agenda
The
Committee recommended four additions to the September 18, 2001 City Council
Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment
Committee
(c) Education, Neighborhoods, Youth, and
Seniors Committee
None Presented.
(d) Meeting Schedules
None Presented.
(e) The Public Record. Attachment:
Memorandum from City Clerk Patricia L. O’Hearn, dated September 6, 2001,
listing the items transmitted to the Administration and those items filed for
the Public Record for the period August 20 – September 4, 2001.
The
Committee noted and filed the Public Record for the period August 29 to September
4, 2001.
(f) Boards, Commissions and Committees
None
Presented.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee.
None
Presented.
(h) Administrative Reviews and Approval.
None
Presented.
(i) Oral Communications.
None Presented.
(j) Adjournment
The meeting was adjourned at 2:10 p.m.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortése and unanimously carried, the Rules Committee report and actions of September 12, 2001 were accepted. Vote: 10-0-1-0. Absent: Yeager.
3.4 Adoption of appropriation ordinance and funding sources Resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for The Alameda at Martin & Cleaves Improvement Project and the North San José Flood Control-Preliminary Engineering Project, with a net impact to the fund of $1,538,000. (City Manager’s Office)
Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated September 5, 2001, recommending approval of said appropriation ordinance and related revenue Resolution amendments.
Discussion/Action: In response to Council Members’ inquiries regarding Phases I and II of the North San José Rincon Storm System Improvements and the projects designed to prevent flooding in the north San José area, Staff was directed to prepare a report to Council identifying Phase I projects that have been completed, the projects planned for Phase II, and the timeframe within which these projects would be completed. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Ordinance No. 26484, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys the Services for Redevelopment Capital Projects Fund in the Amount of $1,538,000 for Various Public Improvements; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70623 entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted with Staff directed to prepare an informational memorandum identifying completed and remaining construction projects and the timelines for construction of storm mains in the flood control areas of North San Jose. Vote: 10-0-1-0. Absent: Yeager.
Council Member Yeager returned to Chambers at this point in the meeting.
Council Member Diquisto left Chambers during discussion of Item 3.5.
3.5 Adoption of a Resolution approving the terms of a Memorandum of Agreement between the City of San José and the Confidential Employees’ Organization, Local 101, AFSCME, AFL-CIO, subject to ratification, and authorization for the City Manager to execute the Agreement with a term of September 30, 2001 through September 25, 2004. (City Manager’s Office)
(Rules Committee referral 9/19/01)
Documents filed: Memorandum from Director of Employee Relations Alex Gurza, dated September 18, 2001, noting the reason for addendum and recommending Council adopt said Resolution.
Discussion/Action:
Deborah Powell, President, Confidential
Employees Organization, Municipal Employees Federation, Local 101, Unit 5, spoke
in support of the Agreement. Upon motion by Vice Mayor Shirakawa, Jr., seconded
by Council Member Yeager and unanimously carried, Resolution No. 70624, entitled: “A Resolution of the Council of the City
of San José Approving the Memorandum of Agreement Between the City of San José
and the Confidential Employees Organization, Unit 50”, was adopted. Vote:
10-0-1-0. Absent: Diquisto.
4.1 Report of the Economic Development & Environment Committee – September 10, 2001
Documents filed: Economic Development & Environment Committee report of September 10, 2001.
(a) Environmentally Preferable Procurement
Policy. Attachment: Memorandum from Francis B. McVey, Acting Director of
General Services, and Carl W. Mosher, Director of Environmental Services, dated
August 23, 2001, recommending Council adopt the Environmentally Preferable
Procurement Policy and direct Staff to develop and implement procedures to
increase environmentally preferable purchasing in the City of San José.
The
Committee accepted the report on the Policy.
Discussion/Action: See Item 4.2 for Council action taken.
(b) Annual Report of Activities of the San
José First Employment Program
The
Committee accepted the report on the Program.
(c) Monthly Status Report on Housing
Production Team Action Items. Attachment: Memorandum from Economic Development
Officer and First Employment Program Manager Yolanda Lee, dated August 24,
2001, transmitting said report.
The
Committee accepted the report on the action items.
(d) Update on Status of Rental Housing
Action Items, Including Outreach, Mediation and Evictions. Attachment:
Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark
Linder, dated August 24, 2001, requesting a deferral of the Staff report to
October 1, 2001.
The Committee accepted
the request for deferral of the Staff report to October 1, 2001.
(e) Monthly Report on Affordable Housing Production. Attachment: Memorandum from Director of Housing Leslye Corsiglia, dated August 22, 2001, transmitting said report.
The
Committee accepted the report on the housing production activities.
(f) Oral Petitions
None Presented.
(g) Adjournment
The meeting was adjourned at 2:29 p.m.
Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member LeZotte and unanimously carried, the Economic Development & Environment Committee report and actions of September 10, 2001 were accepted with Council action on Item 4.1(a) taken at Item 4.2. Vote: 10-0-1-0. Absent: Diquisto.
Council Member Reed left Chambers during discussion of Item 4.2.
Council Member Diquisto returned to Chambers during discussion of item 4.2.
4.2 Adoption of the Environmentally Preferable Procurement Policy
and direction to staff to develop and implement procedures to increase
environmentally preferable purchasing in the City of San José. (General
Services/Environmental Services)
[Economic Development and Environment Committee 9/10/01 –
Item 4.1(a)]
Documents filed: Memorandum from Assistant to the City Manager Deanna J. Santana, dated September 21, 2001, reporting that the Economic Development and Environment Committee approved the Staff report on the “Environmentally Preferable Procurement Policy” and directed Staff to forward the item to the full Council for action.
Discussion/Action: Using a PowerPoint of the staff presentation to the Economic Development and Environment Committee on September 10, 2001, Acting Director of General Services, Francis B. McVey, summarized the intent of the Environmentally Preferable Procurement Policy, or “Green Procurement”, noting its purpose and explanation of various segments of the City’s recycling collection programs, identified corresponding components to State and Federal guidelines, and cited jurisdictions that have established Environmentally Preferable Procurement policies. He recommended Council accept the report and approve the direction to Staff to implement the procedures, accordingly. Council Member Chavez stated that prior to the energy crisis a number of discussions transpired in Committee regarding the purchase of green power; however, the proposed policy does not address the purchase of green energy in terms of putting in place resources that would make those purchases possible. She queried Staff on the development of a comparative analysis between the amounts the City would pay for green energy versus the cost of purchasing energy from green sources, and the development and evaluation of criteria to accomplish such purchases. Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the Staff recommendation on the Environmentally Preferable Procurement Policy was approved with direction to develop and implement procedures to increase environmentally preferable purchasing in the City; and to provide Council with a timeline for policy discussions related to the purchase of green energy compared to the factor of purchasing energy from green sources, and include an evaluation of criteria to accomplish same. Vote: 10-0-1-0. Absent: Reed.
Council Member Reed returned to Chambers at this point in the meeting.
4.3 Public Hearing and adoption of a Resolution approving the 2000-2001 Consolidated Annual Performance Evaluation Report (CAPER). (Housing)
Documents filed: (1) Memorandum from Director of Housing Leslye Corsiglia, and Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 5, 2001, transmitting the 2000-2001 Consolidated Annual Performance Evaluation Report. (2) Supplemental memorandum from Director of Housing Leslye Corsiglia, dated September 21, 2001, forwarding comments received at three public hearings held on the 2000-2001 CAPER.
Discussion/Action: Mayor Gonzales opened the public hearing to consider the input received to date on the 2000-2001 Report and to adopt the final draft according to the recommended modifications. There was no discussion from the Floor. Upon motion by Council Member Reed, seconded by Council Member Williams and unanimously carried, the public hearing was closed and Resolution No. 70625, entitled: “A Resolution of the Council of the City of San José Approving the 2000-01 Consolidated Annual Performance Evaluation Report”, was adopted. Vote: 11-0-0-0.
4.4 Approval of the following actions regarding the Rose Avenue Senior Housing Development:
(a) Hold the
TEFRA Hearing for the issuance of up to $7,000,000 in tax-exempt multifamily
housing revenue bonds.
(b) Adoption
of a Resolution:
(1) Expressing
its intent to issue up to $7,000,000 in multifamily tax-exempt revenue bonds to
finance the construction of a 66-unit senior housing project located at 3071
Rose Avenue, between Capitol Avenue and South White Road.
(2) Authorizing
the Director of Housing to file an application with CDLAC for an allocation of
up to $7,000,000 in private activity bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with ROEM Development Corporation, or its designated partnership, for the CDLAC
Application for the Development.
Council District 5. SNI: 680/East Valley Communities. (Housing/Finance)
Documents filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Director of Housing Leslye Corsiglia, dated September 5, 2001, recommending Council hold the TEFRA Hearing and adopt said Resolution. (2) Supplemental memorandum from Director of Housing Leslye Corsiglia, dated September 24, 2001, recommending this item be dropped from the agenda. (3) Notice of Public Hearing on the intent of Council to issue tax-exempt multi-family housing revenue bonds, dated August 31, 2001, and Proof of Publication executed on September 10, 2001, submitted by the City Clerk. (4) Affidavit of Posting of the Public Hearing Notice, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: This item was dropped from the Agenda.
4.5 Approval of the following actions regarding the Monte Vista Gardens Senior Apartments, Phase II Housing Development:
(a) Hold the
TEFRA Hearing for the issuance of up to $6,000,000 in tax-exempt multifamily
housing revenue bonds.
(b) Adoption
of a Resolution:
(1) Expressing
its intent to issue up to $6,000,000 in multifamily tax-exempt revenue bonds to
finance the construction of a 49-unit senior housing project located on the
west side of South Capitol Avenue, north of Lombard Avenue.
(2) Authorizing
the Director of Housing to file an application with CDLAC for an allocation of
up to $6,000,000 in private activity bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with ROEM Development Corporation, or its designated partnership, for the CDLAC
Application for the Development.
Council District 5. SNI: 680/East Valley Communities. (Housing/Finance)
Documents filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Director of Housing Leslye Corsiglia, dated September 5, 2001, recommending Council hold the TEFRA Hearing and adopt said Resolution. (2) Notice of Public Hearing on the intent of Council to issue tax-exempt multi-family housing revenue bonds, dated August 31, 2001, and Proof of Publication executed on September 10, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Public Hearing Notice, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the TEFRA hearing to consider the issuance of the tax-exempt revenue bonds. There was no discussion from the Floor. Upon motion by Council Member Compos, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the hearing was closed and Resolution No. 70626, entitled: “A Resolution of the Council of the City of San José Expressing its Intent to Issue Tax Exempt Debt for the Construction and Development of Multifamily Housing and Taking Related Actions (The Monte Vista Gardens Senior Apartment Project, Phase II), was adopted. Vote: 11-0-0-0.
4.6 Approval of the following actions regarding the Gadberry Court Senior Apartments Housing Development:
(a) Hold the
TEFRA Hearing for the issuance of up to $6,000,000 in tax-exempt multifamily
housing revenue bonds.
(b) Adoption
of a Resolution:
(1) Expressing
its intent to issue up to $6,000,000 in multifamily tax-exempt revenue bonds to
finance the construction of a 55-unit senior housing project located on the
north side of Alum Rock Avenue on the block bounded by Highway 680 and
Alexander Avenue.
(2) Authorizing
the Director of Housing to file an application with CDLAC for an allocation of
up to $6,000,000 in private activity bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with ROEM Development Corporation, or its designated partnership, for the CDLAC
Application for the Development.
Council District 5. (Housing/Finance)
Documents filed: (1) Supplemental memorandum from Acting Director of Housing, Leslie Corsiglia, dated September 24, 2001, noting the reason for the supplemental report and recommending this item to be dropped from the Agenda. (2) Memorandum from Director of Finance Scott P. Johnson, and Director of Housing Leslye Corsiglia, dated September 5, 2001, recommending Council hold the TEFRA Hearing and adopt said Resolution. (3) Supplemental memorandum from Director of Housing Leslye Corsiglia, dated September 24, 2001, recommending this item be dropped from the agenda. (3) Notice of Public Hearing on the intent of Council to issue tax-exempt multi-family housing revenue bonds, dated August 31, 2001, and Proof of Publication executed on September 10, 2001, submitted by the City Clerk. (4) Affidavit of Posting of the Public Hearing Notice, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: This item was dropped from the Agenda.
4.7 Approval of the following actions regarding the El Paseo Studios Single Room Occupancy Housing Development:
(a) Hold the
TEFRA Hearing for the issuance of up to $12,000,000 in tax-exempt multifamily
housing revenue bonds.
(b) Adoption
of a Resolution:
(1) Expressing
its intent to issue up to $12,000,000 in multifamily tax-exempt revenue bonds
to finance the construction of a 98-unit SRO housing project located on the
easterly corner of Hamilton and Campbell Avenues.
(b) (2) Authorizing the Director of Housing to
file an application with CDLAC for an allocation of up to $12,000,000 in
private activity bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with First Community Housing, a California nonprofit corporation, or its
designated partnership, for the CDLAC Application for the Development.
Council District 1. (Housing/Finance)
Documents filed: (1) Memorandum from Director of Finance Scott P. Johnson, and Acting Director of Housing Leslye Corsiglia, dated September 5, 2001, recommending Council hold the TEFRA Hearing and adopt said Resolution. (2) Notice of Public Hearing on the intent of Council to issue tax-exempt multi-family housing revenue bonds, dated August 31, 2001, and Proof of Publication executed on September 10, 2001, submitted by the City Clerk. (3) Affidavit of Posting of the Public Hearing Notice, dated September 7, 2001, submitted by the City Clerk.
Discussion/Action: Mayor Gonzales opened the TEFRA hearing to consider the issuance of the tax-exempt revenue bonds. There was no discussion from the Floor. Upon motion by Council Member LeZotte, seconded by Council Member Diquisto and unanimously carried, the public hearing was closed, and Resolution No. 70627, entitled: “A Resolution of the Council of the City of San José Expressing its Intent to Issue Tax Exempt Debt for the Construction and Development of Multifamily Housing and Taking Related Actions (The El Paseo Studios Project), was adopted. Vote: 11-0-0-0.
4.8 Approval of the following actions regarding the Betty Anne Gardens Apartments Housing Development:
(a) Hold the
TEFRA Hearing for the issuance of up to $10,000,000 in tax-exempt multifamily
housing revenue bonds.
(b) Adoption
of a Resolution:
(1) Expressing
its intent to issue up to $10,000,000 in multifamily tax-exempt revenue bonds
to finance the construction of a 76-unit family rental housing project located
at 945 & 955 North King Road.
(2) Authorizing
the Director of Housing to file an application with CDLAC for an allocation of
up to $10,000,000 in private activity bonds.
(3) Authorizing
the Director of Housing to negotiate and execute a Deposit and Escrow Agreement
with First Community Housing, a California nonprofit corporation, or its
designated partnership, an affiliate First Community Housing, for the CDLAC
Application for the Development.
Council District 4. (Housing/Finance)
Documents filed: None.
Discussion/Action: This item was deferred to October 2, 2001.
Council Member Chavez left Chambers at this point in the meeting.
5.2 Report on bids and award of contract for Great Oaks Park Renovation Project to the low bidder, Robert A. Bothman, Inc., to include the base bid and Add Alternate Nos. 1, 2, and 3, in the amount of $763,475, and approval of a contingency in the amount of $75,000. CEQA: Exempt. Council District 2. SNI: Edenvale/Great Oaks. (Public Works)
Documents filed: (1) Memorandum from Acting Director of Public Works Rajeev Batra, dated September 5, 2001, recommending award of said contract and related contingency to the low bidder. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated September 5, 2001, recommending award of said contract and related contingency to the low bidder, Robert A. Bothman, Inc.
Discussion/Action: Upon motion by Council Member Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the report on bids was accepted and award of contract and related contingency for the Great Oaks Park Renovation Project to Robert A. Bothman, Inc., the low bidder, were approved and execution of the contract authorized. Vote: 10-0-1-0. Absent: Chavez.
5.3 Report on bids and award of contract for Lone Hill Park Renovation Project to the low bidder, Jensen Corporation Landscape Contractors, in the amount of $738,888, and approval of a contingency in the amount of $74,000. CEQA: Exempt. Council District 9. (Public Works)
Documents filed: (1) Memorandum from Rajeev Batra, Acting Director of Public Works, dated September 5, 2001, recommending award of said contract and related contingency to the low bidder. (2) Supplemental memorandum from Rajeev Batra, Acting Director of Public Works, dated September 19, 2001, recommending award of said contract and related contingency to the low bidder, Jensen Corporation Landscape Contractors.
Discussion/Action:
Upon motion by Council Member Diquisto, seconded by Vice Mayor Shirakawa, Jr.
and unanimously carried, the award of said contract and related contingency for
the Lone Hill Park Renovation Project to the low bidder, Jensen Corporation
Landscape Contractors was approved and its execution authorized. Vote:
10-0-1-0. Absent: Chavez.
Council Member Chavez returned to Chambers during discussion of Item 7.1.
7.1 PUBLIC HEARING on:
(a) Approval
of an ordinance amending Ordinance No. 26382 to change the name of a commercial
solid waste and recyclables collection franchisee from Waste Management, Inc.
dba Hollister Disposal to USA Waste of California, Inc.
(b) Approval
of the first amendment to the Commercial Solid Waste and Recyclables Collection
Franchise Agreements with Waste Management, Inc. dba Hollister Disposal to
change the name of the franchise to USA Waste of California, Inc.
CEQA: ND. (Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 5, 2001, recommending approval of said ordinance to amend the name of Waste Management, Inc. to USA Waste of California, Inc.; and approval of a first amendment to said contract to change the name of the franchise to USA Waste of California, Inc. (2) Notice of Public Hearing, dated August 31, 2001, and Proof of Publication executed September 14, 2001, submitted by the City Clerk. (3) Correspondence from WM Hollister Disposal, dated August 8, 2001, officially requesting the above referenced name change.
Discussion/Action: Mayor Gonzales opened the public hearing to consider the name change of a commercial solid waste and recyclables collection franchisee and approval of the subject amendment. There was no discussion from the Floor. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortése and unanimously carried, the public hearing was closed, and Ordinance No. 26485, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26382 to Change the Name of a Commercial Solid Waste and Recyclables Collection Franchisee from Waste Management, Inc. dba Hollister Disposal to USA Waste of California, Inc.”, was passed for publication; and the first amendment to the Commercial Solid Waste and Recyclables Collection Franchise Agreements with Waste Management, Inc., dba Hollister Disposal to change the name of the franchise to USA Waste of California, Inc., was approved and execution of the amendment authorized. Vote: 11-0-0-0.
7.2 Acceptance of the Municipal Water System’s Public Health Goals Report on Water Quality (1998-2000) and consent to file the report with the California Department of Health Services. (Environmental Services)
Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 5, 2001, recommending approval of the Municipal Water System’s Public Health Goals Report on Water Quality (1998-2000) and consent to file the report with the California Department of Health Services.
Discussion/Action: Referencing page 2 of the staff report and the statement “San José Municipal Water System meets all primary drinking water standards”, Council Member Dando asked Staff to explain the meaning of “primary”. She expressed concern that the toxic containment level for chromium is excessive in the City’s water supply, and queried Staff on formulated plans to reduce the level. With regard to information distributed to potential operators of the San José Municipal Water System, she asked whether requirements to improve upon established health goals for water quality were incorporated in the Request For Proposal. She suggested Staff submit the responses in a report to Council. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, the Municipal Water System’s Public Health Goals Report on Water Quality was accepted and the consent to file same with the California Department of Health Services granted with Staff directed to provide Council with a comparative analysis of area standards with those of the Water Quality Report. Vote: 11-0-0-0.
7.3 Adoption of a Resolution authorizing the City Manager to negotiate and execute an Agreement with the consulting firm of Brown and Caldwell for the development of an online operations and maintenance manual for the San José/Santa Clara Water Pollution Control Plant, in an amount not to exceed $500,000, and for project contingency in an amount of $80,000, for a total amount not to exceed of $580,000, for the period September 25, 2001 to December 31, 2003.
(Environmental Services)
Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 5, 2001, recommending adoption of said Resolution. (2) Letter from the Treatment Plant Advisory Committee dated September 13, 2001, stating concurrence with the Staff recommendation.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Resolution No. 70628, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Brown and Caldwell for Professional Engineering Services for the Preparation of an On-Line Electronic Operations and Maintenance Manual for the San José/Santa Clara Water Pollution Control Plant in an Amount Not to Exceed $580,000 for the Period of September 25, 2001, through December 31, 2003”, was adopted. Vote: 11-0-0-0.
7.4 (a) Acceptance of the status report on the preparations for transition to the 2002 Recycle Plus Program.
(b) Acceptance of the Integrated Waste Management Efficiency Review.
(c) Approval of the customer rate structure for the Recycle Plus Multi-Family Dwelling Bin2 Program beginning July 1, 2002.
(d) Approval of the following Recycle Plus rates for services beginning July 1, 2002:
(1) Set the rate for the new 20-gallon mini garbage cart at $12.95 per month; and,
(2) Set the optional yard trimmings cart subscription rate at $2.00 per month.
(Environmental Services)
(Deferred from 9/20/01 – Item 7.1)
Documents filed: (1) See Item 7.1 in minutes of September 20, 2001 for documents filed. (2) Correspondence from GreenTeam of San José, dated September 22, 2001, requesting Council reconsider the recommendation that would restrict recycling collection to a standard frequency of one time per week, alleging such restrictions would likely result in GreenTeam’s defaulting on the recycling diversion requirements in the Agreement with the City.
Discussion/Action: The following individuals addressed Council in favor of the Recycle Plus Program: Ross Signorino; and Kerynn Gianotti, GreenTeam of San José. Jeffrey Camera, representing Santana Row, noted existence of multi-family dwelling, commercial, and residential units within the same parcel, and requested deferral of the compaction rates to allow Santana Row the opportunity to provide City Staff with a more equitable rate structure, and return to Council with a better proposal. William J. Garbett spoke against the proposed action. To facilitate Council discussion of the recommendations for the next phase of Recycle Plus Program elements, Staff reported to Council that the new 20-gallon mini garbage cart and yard trimming cart programs were approved in January 2000 for inclusion in the Request For Proposal (RFP); the new contract was awarded to include those new options and for a dual collection service yard trimming; that an extensive timeline has been established to ensure an effective transition into the new service, and that the lead time is critical to allow enough outreach for residents to choose services and follow-up by haulers to program for the service changes; and that the setting of rates is necessary to begin outreach and signing up new customers for new services. Vice Mayor Shirakawa, Jr. deemed the proposal unacceptable for District 7 residents, and that he would not support the recommendations.
Council Member Dando noted her reluctance to vote on the recommendation as proposed, and expressed disappointment with the number of unresolved issues related to the multifamily bins program. She stated the same services offered to multifamily units should be extended to single-family dwelling units, and that residents should be allowed to choose a recycling program that best fits their budget. In addition, she asked Staff to submit a report on the economic benefits to the City over the life of the proposed contract, and to include the cost of yard waste pickup and reduced street sweeping services. Council Member Williams stated District 2 constituents have expressed a preference for containers and would consider increased rates to accomplish orderly and thorough pickups on a regular basis.
Noting the protection of the General Fund as the primary element for his concerns, Council Member Reed stated the $1 million identified for next year is inadequate to offset revenues and projected expenses; subsequently, Staff should structure a rate increase designed for the City to realize a 5% projected revenue. Council Member Cortesé queried Staff on the use of the “mirroring method”, and why; to what extent has the City assessed problems associated with the two cycles; what has been the trade association’s participation regarding the needs of haulers and the issue of recycling; and to what extent has Code Enforcement been involved in the planning of garbage and recycling bins program. Council Member Diquisto opposed the rate increase and the City’s participation in the recycling business. Council Member Yeager asked Staff to address the issue of revenue loss with the use of the 20-gallon cart for $12.95. With regards to the policy alignment with payment structure, Council Member Chavez asked whether Staff has encouraged large developments to employ a method equivalent to that of Santana Row.
Mayor Gonzales stated the proposal as recommended lacks justification for raising rates, as this is a major concern to San José residents, and that all possibilities must be explored before he would support a rate increase. As co-author of the October 5, 2001 memorandum from Mayor Gonzales, Vice Mayor Shirakawa, Jr. and Council Members Chavez and Dando, Council Member Yeager requested analyses of all the issues before Council, including the (1) interpretation of the rate increases in light of the savings over the life of the contract; (2) cost of yard waste pickup including options on the costs associated with reduced street sweeping and on how collection of yard waste would occur; (3) potential impact to the General Fund as identified in the staff presentation, to provide Council with a definitive explanation of the impact to the City and the General Fund or the impact of an immediate rate increase in 18 months; (4) the revenue loss associated with the 20-gallon cart for $12.95; and (5) as part of analyses, provide the percentage for rate increases that would be necessary to maintain for next year only a 5% cushion and translate that into costs.
Following extensive deliberation of the proposed rate structure and Recycle Plus! Services, consensus was that Staff would conduct further analyses of various Recycle Plus program elements, and provide Council with program options for additional consideration at the October 9, 2001 Council meeting, and to include responses to (a) what happened to the cost avoidance previously projected in the Recycle Plus 2002 contracts; (b) the potential impact on the General Fund of the negative fund balance in the IWM Fund; (c) the impact of maintaining an unrestricted fund balance reserve of 5% of revenues; (d) the revenue loss with the use of the 20-gallon mini garbage cart offered at the reduced rate of $12.95 per month; (e) the impact of providing yard trimmings carts with no subscription charge; and (f) the impact of eliminating the second street sweep and using the funding for the yard trimmings cart program. Upon motion by Council Member Yeager, seconded by Council Member Reed and unanimously carried, this item was deferred to October 9, 2001. Vote: 11-0-0-0.
Council Members Diquisto and Yeager left Chambers at this point in the meeting.
8.1 Report on bids and award of contract for the Improvement of the San José International Airport - Runway 30L Reconstruction Project to the low bidder, R&L Brosamer, Inc., in the amount of $38,444,989, and approval of a contingency in the amount of $3,845,000. CEQA: Resolution No. 67380. (Public Works)
Documents filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated September 5, 2001, recommending award of said contract and related contingency to the low bidder, R&L Brosamer, Inc.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, the report on bids was accepted and award of contract and related contingency to R&L Brosamer, Inc., the low bidder, were approved and execution of the contract authorized. Vote: 9-0-2-0. Absent: Diquisto, Yeager.
8.2 Approval of the following actions regarding the on-demand taxicab services concession Agreements at the San José International Airport.
(a) Approval of the customer service, due process, and labor peace standards outlined in the Request for Proposal Concession Exemplar, as well as the relevant service standards outlined in the proposals submitted by Yellow Checker Cab Co., Inc. and United Taxicab Corporation for the concessions at Terminals A & C.
(b) Approval of first amendments to the on-demand taxicab services concession Agreements with Yellow Checker Cab Co., Inc. and United Taxicab Corporation to extend the terms of both Agreements from October 1, 2001 through March 31, 2002, on the same terms and conditions as the current Agreements.
(Airport)
(Deferred from 9/18/01 – Item 8.2)
Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated September 14, 2001, recommending approval of benchmark standards for customer service, labor peace, and due process for taxicab drivers in the on-demand airport taxicab services concession Agreements at the San José International Airport, and approval for extension on current taxicab services concession Agreements with Yellow Checker Cab Co, and United Taxicab Corporation from October 1, 2001 through January 31, 2002.
Discussion/Action: Upon motion by Council Member Diquisto, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Item 8.2(a) was deferred to October 16, 2001, and the first amendments to the on-demand services concession Agreements with Yellow Checker Cab Company, Inc., and United Taxicab Corporation were approved and execution of the amendments authorized. Vote: 10-0-1-0. Absent: Yeager.
Council Member Yeager returned to Chambers at 4:45 p.m.
8.3 Adoption of a Resolution approving a request from S. J. Amoroso Construction Company to substitute Architectural Glass and Aluminum in place of U. S. Glass and Aluminum as the subcontractor for the construction of the window wall system for the Interim Federal Inspection Services International Arrivals Facility at the San José International Airport. (Public Works)
(Deferred from 9/18/01 – Item 8.1)
Documents filed: (1)
Memorandum from Acting Director of Public Works Rajeev Batra, dated September
11, 2001, recommending adoption of said Resolution. (2) Staff report entitled: San
José International Airport Interim Federal Inspection Services Facility
Subcontractor Substitution, Supporting Document. (2) Correspondence from
Hoge, Fenton, Jones & Appel, Inc., dated September 21, 2001, representing
Visionwall Corporation, protesting the proposed replacement of U.S. Glass &
Aluminum as subcontractor on said project. (3) Correspondence from Gordon &
Reed, LLP, protesting the proposed substitution of U.S. Glass & Aluminum as
subcontractor on said project and submitting report entitled: Opposition of
U.S. Glass & Aluminum to San José International Airport, Interim Federal
Inspection, Services Facility Subcontractor Substitution, Supporting Exhibits.
Discussion/Action: City Attorney, J. Richard Doyle stated the issue before Council is whether to remove U.S. Glass & Aluminum as the subcontractor for the construction of the window wall system for the Interim Federal Inspection Services Facility at the San José International Airport. Under the terms of the construction contract and the San José Municipal Code, he stated the City may approve the removal of the subcontractor from the project, and the following permitted reasons are being recommended by Staff and the general contractor: (1) U.S. Glass failed to or refused to perform as subcontractor; (2) the work performed by U.S. Glass is substantially unsatisfactory and not in substantial accordance with the plans and specifications; and (3) U.S. Glass is not a responsible contractor.
He stated City Staff would set forth the grounds substantiating the recommendation for removal, after which U. S. Glass would present testimony objecting to the substitution of the procedure. Acting Director of Public Works Rajeev Batra introduced Dave Clark, Division Manager of Airport Construction, who presented an explanation regarding the specifications and why they were written as such for the Interim Federal Inspection Services Facility (FIS), and why City Staff deems subcontractor U.S. Glass and Aluminum in noncompliance with the specifications. Using a PowerPoint presentation, he identified the location of the FIS facility; the window wall facility designer retained by the City, and described the system as being 270 feet long and 24 feet high. He pointed out significant features of the window wall to convey the importance of erecting a superior facility – ability to withstand earthquakes and seismic activity, wind and jet blast, and most importantly rain and water intrusion – and reiterated the City Attorney’s position that the system proposed by U.S. Glass and Aluminum fails to meet the requirements of the plans and specifications for a custom “unitized” system in four technically significant respects. In addition, he stated U.S. Glass and Aluminum has failed to demonstrate its qualifications to perform the window wall work; that Amoroso has been unable to provide the City with documentation that clearly demonstrates U.S. Glass and Aluminum has five years’ experience specializing in this type of custom work with a similar unitized approach; and despite repeated requests from City Staff, Amoroso has not provided the City with the required documentation that clearly shows the U.S. Glass and Aluminum has experience with at least two projects of similar scale to the FIS facility in a seismic zone. He stated City-retained consultant Curtain Wall Design & Consulting, Inc. (CDC) has advised City Staff of Architectural Glass and Aluminum’s qualifications and experience as required by the specifications, and the firm’s capacity to meet all aspects of the specifications; accordingly, Staff recommends Council approval of the substitution.
The following individuals spoke in favor of the proposed substitution: John Banister and Dana McManus, representing S. J. Amoroso Construction Company. The following individuals spoke in opposition to the substitution of subcontractor: Kenneth Strong and Jim McKune representing U.S. Glass & Aluminum, Dana McManus and Michael D. McSweeney representing VisionWall Corporation. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 70629, entitled: “A Resolution of the Council of the City of San José Approving the Request from S.J. Amoroso Construction Company to Substitute Architectural Glass and Aluminum in Place of U.S. Glass and Aluminum as the Subcontractor for the Construction of the Window Wall System for the Interim Federal Inspection Services International Arrivals Facility”, was adopted. Vote: 11-0-0-0.
10.1 Adoption of Resolutions by the City Council and
Redevelopment Agency Board approving fiscal actions relative to the Civic
Center Plaza Project:
(a) Adoption of Resolutions by City Council and Agency Board approving the first amendment to the cooperation Agreement between the City and Agency relative to the Civic Center Project providing for the repayment of the Agency by the City for the Civic Center site and Civic Center garage site;
(b) Adoption of a Resolution by the Agency Board approving the reduction of $5,850,000 to the Adopted FY 2001-2002 Capital Budget Civic Center Plaza – Infrastructure project line in the Civic Plaza Redevelopment Area; and,
(c) Adoption of a Resolution by the Agency Board amending the FY 2001-2002 Agency appropriations Resolution to reflect the reduction of the $5,850,000.
(City Attorney’s Office)
Documents filed: None.
Discussion/Action: This item was deferred to October 2, 2001.
Adjournment
The Council of the City of San José adjourned at 5:08 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK