MINUTES OF THE CITY COUNCIL

 

 

SAN JOSÉ, CALIFORNIA                                                    TUESDAY, DECEMBER 17, 2002

 

 

The Council of the City of San José convened in regular session at 9:34 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; (A) to discuss existing litigation under Subsection (a) in the case of (1) Wing and a Prayer, Inc. v. City of San José, et al.; and (B) to discuss anticipated litigation under Subsection (c) in one (1) matter pertaining to initiation of litigation.

 

            By unanimous consent, Council reconvened from the Closed Session and recessed at 10:50 a.m. and reconvened at 1:34 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

 

            Pastor Shawnee Hardridge of the All Tribes Baptist Chapel delivered the Invocation.

 

Pledge of Allegiance

 

            Pledge of Allegiance led by members of the high school youth cadet program.

 

Orders of the Day

 

Upon motion by Council Member Diquisto, seconded by Council Member Chavez, and unanimously carried, Item 1.3 of the General Plan was deferred, in part, to the April 2003 General Plan Hearings, and the Orders of the Day and the amended agenda were approved. Vote: 11-0-0-0.

 

CEREMONIAL ITEMS

 

1.1       Presentation of a proclamation welcoming Cirque du Soleil to San José.  (Conventions, Arts and Entertainment)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales presented a proclamation to Cirque de Soleil and welcomed the production back to the City of San José. Martin DuMont accepted the honor on behalf of Cirque de Soleil , thanking the Mayor and Council for the opportunity to make this year’s production another successful run from 1/16/03 through 2/16/03. See item 10.4 for council action taken.

 

1.2       Presentation of plaques to Youth Commission members: Melvin Cabebe for 1 year 1 month service, to Jen Hernandez for 2 years 10 months service, to Justin Imamura for 2 years 10 months service, to Albert Leung for 1 year 1 month service, to Rachel Stone for 2 years 10 months service, and to Stephenie Tsai for 2 years 4 months service.  (Mayor)

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to January 14, 2003.

 

1.3       Presentation of plaques to Paul Feci for 4 years service on the Human Rights Commission and to Carolyn Crowley for 2 years 6 months service on the Child Care Commission.  (Mayor)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales presented plaques to Paul Feci for service on the Human Rights Commission and to Carolyn Crowley for service on the Child Care Commission and thanked them for their years of service.

 

1.4       Presentation of an expression of appreciation to community leaders and Council Members who contributed to the Police Activities League (PAL) Cadet Scholarship Fund.  (Police)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales expressed appreciation to Chief of Police William M. Lansdowne, Commander of Community Services Division Captain Randall Cooper, and President of the PAL Association Rocco Morrella, in regards to their leadership and contributions to the Police Activities League Cadet Scholarship Fund. Captain Randall Cooper and Mr. Rocco Morrella thanked the Mayor and City Council for their support and commended the ongoing support of Council Member Shirakawa, Jr. and presented him with a commendation.

 

1.5       Presentation of a commendation to Westfield Shoppingtown for their commitment to the San José community by holding their 4th annual “Westfield Works Wonders” event at Westfield Shoppingtown Oakridge and Valley Fair.  (Dando/Yeager)

            (Rules Committee referral 12/11/02)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales was joined by Council Members Dando and Yeager in the presentation of a commendation to Phillipe St. Pierre and Paul Kurzawa, from Westfield Shoppingtown Oakridge and Valley Fair, for their sponsored events and strong commitment to the community of San José.

 

1.6       Presentation of a commendation to Paul Mircea Goreniuc for his Excellence Award for “Space Dance for Peace IV” from the city of Beijing, China.  This sculpture has been installed in the International Sculpture Park in Beijing for the 2008 Olympic Games.  (LeZotte)

            (Rules Committee referral 12/11/02)

 

            Documents Filed: None.

 

            Discussion/Action: Council Member LeZotte joined Mayor Gonzales at the podium to present a commendation to artist, Paul Mircea Goreniuc, and honored him for his artistic endeavors and achievements.

 

1.7       Presentation of commendation to Senior Deputy City Manager Darrell Dearborn on the occasion of his retirement, to commemorate his years of service to the City of San José.

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales was joined at the podium by City Manager Borgsdorf for presentation of a commendation to outgoing Senior Deputy City Manager Darrell Dearborn on the occasion of his last City Council meeting prior to his retirement. City Manager Borgsdorf commented on the talent, competence and professionalism which Mr. Dearborn has brought to his work at the City and described him as a leader noted for his integrity and ethics. Mayor Gonzales presented the commendation and Mr. Dearborn thanked the Mayor and City Council for the honor, stated he was grateful for the opportunity to work with both current and past Mayors and City Councils on the incredible array of projects and services on which he has had the privilege of working.

 

1.8       Recognition of Council Member Shirakawa as his term of office ends and commemorating his years of service to District 7 residents and the City of San José.

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales called to the podium outgoing City Council Member George Shirakawa, Jr., for recognition at his last City Council meeting of his term which ends in December 2002. Mayor Gonzales recalled how Council Member Shirakawa

1.8       (Cont’d.)

 

            answered the call of his district to fill his father’s unexpired term on the San José City Council after his father’s untimely death and went on to become a powerful voice for the residents of District 7. The Council Members in turn wished him well and commented on his leadership and the contribution he has made in his years of service to the City of San José.

 

1.9       Recognition of Council Member Diquisto as his term of office ends and commemorating his years of service to the City of San José.

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales called forward Council Member Diquisto to be honored at his last City Council meeting prior to his term ending in December 2002, recalling the years of faithful service Mr. Diquisto has given to the City of San José and it’s residents, first in his career as a San José City Firefighter, and more recently as San José City Council Member. Commenting on the fantastic job he has done in representing the residents of District 9 residents as their Council Member, Mayor Gonzales presented him with a commendation and spoke about the benefits received from his guidance and leadership through the years. Council Member Diquisto received well wishes at his departure from his office from the full City Council.

 

CONSENT CALENDAR

 

            Upon motion by Council Member Williams, seconded by Council Member Chavez and unanimously carried, Items 2.17, 2.18, and 2.27 were deferred to January 14, 2003, and the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 11-0-0-0.

 

2.2       Final adoption of ordinances:

            (a)        ORD. NO. 26789 – Amends Sections 20.100.470 and 20.100.480 of Chapter 20.100 of Title 20 of the San José Municipal Code in order to modify the provisions related to storm water management including the requirements for a Storm Water Pollution Prevention Plan (SWPPP) and a notice of intent.

 

            Documents Filed: Proof of publication of title of Ordinance No. 26789 executed on December 10, 2002, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26789 was adopted. Vote: 11-0-0-0.

 

            (b)        ORD. NO. 26790 – Prezones certain real property situated at the southwest corner of Forest and Ciro Avenues to CO Office Commercial Zoning District.  C 02-081

 

            Documents Filed: Proof of publication of title of Ordinance No. 26790 executed on December 10, 2002, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26790 was adopted. Vote: 11-0-0-0.

2.3       Adoption of a resolution authorizing the City Attorney to negotiate and execute a second continuation agreement with Hawkins, Delafield and Wood for legal services related to the RFP for the operation and/or lease of the Municipal Water System, to extend the term through January 31, 2003, at no additional cost to the City.  (City Attorney's Office)

 

            Documents Filed: Memorandum from City Attorney Richard Doyle, dated December 5, 2002, recommending the adoption of said resolution.

 

            Discussion/Action: Resolution No. 71339, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Second Continuation Agreement with Hawkins, Delafield & Wood for Legal Services Related to the RFP for the Operation and/or Lease of the Municipal Water System to Extend the Term Through January 13, 2003 at No Additional Cost to the City”, was adopted. Vote: 11-0-0-0.

 

2.4       Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a grant from the California Energy Commission (CEC), to be used to defray the incremental costs of leasing five compressed natural gas (CNG) shuttle buses at the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager's contract authority of $100,000.  CEQA:  Resolution No. 67380, PP 02-11-354.  (Airport)

 

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated November 26, 2002, recommending the adoption of said resolution.

 

            Discussion/Action: Resolution No. 71340 entitled “A Resolution of the Council of the City of San José Authorizing the City Manager to Apply for a Grant from the California Energy Commission to Defray the Incremental Costs of Leasing Five Compressed Natural Gas Shuttle Buses at the Norman Y. Mineta San José International Airport in amount in Excess of the City Manager’s Contract Authority of $100,000 to Accept the Grant if Awarded and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.

 

2.5       Approval of a first amendment to the consultant agreement with David J. Powers & Associates, Inc. for environmental analysis of Airport issues and projects under the existing agreement which extends from July 1, 2002 to June 30, 2003, increasing the maximum cost of the agreement by $60,000, from $100,000 to $160,000.  CEQA:  Resolution No. 67380, PP 02-11-336.  (Airport)

 

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated November 25, 2002, recommending approval of a first amendment to said consultant agreement with David J. Powers and Associates, Inc.

 

Discussion/Action: The first amendment to said consultant agreement with David J. Powers & Associates, Inc. for environment analysis of airport issues and projects was approved and its execution authorized. Vote: 11-0-0-0.

 

2.6       Adoption of appropriation ordinance amendments in the General Fund in the amount of $250,000 to provide funding for building security improvements.  CEQA:  Exempt, PP02-11-363.  (General Services/City Manager’s Office)

 

            Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, dated December 5, 2002, recommending adoption of said appropriation ordinance amendments.

 

            Discussion/Action: Ordinance No. 26793, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the General Fund for Security Improvements; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.

 

2.7       Approval of revisions to the Arts Grants Program Guidelines implementation in Fiscal Year 2003-04, with a one-year grace period for those Fiscal Year 2002-03 arts grantees that are unable to meet revised eligibility requirements.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment)

 

Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment Nancy Johnson, dated November 25, 2002, recommending approval of revisions to the Arts Grants Program Guidelines.

 

            Discussion/Action: Council Member Campos stressed the importance of outreach efforts in reaching all communities, including disadvantaged communities that may want to apply for the Arts Grants Program. Council Member Chavez encouraged Staff to reevaluate their outreach methods and evaluate if their pool of applicants are reflective of all communities including the SNI neighborhoods. The proposed revisions to the Arts Grants Program Guidelines were approved. Vote 11-0-0-0.

 

2.8       Adoption of a resolution designating Bay Area Urban Economics as a representative of the City, authorized to examine all sales and use tax records of the California State Board of Equalization for an Office of Economic Development retail analysis project being completed by Metrovation LLC.  CEQA:  Not a Project.  (Economic Development)

 

Documents Filed: Memorandum from Director of Economic Development Paul Krutko, dated November 25, 2002, recommending the adoption of said resolution.

 

            Discussion/Action: Resolution No. 71341, entitled: “A Resolution of the Council of the City of San José Designating BAE Urban Economics DBA Bay Area Economics as a Representative of the City, Authorized to Examine All Sales and Use Tax Records of the California State Board of Equalization for Retail Sales Analysis, was adopted. Vote:
11-0-0-0.

 

2.9       Approval of the first amendment to the consultant agreement with San Francisco State University, (SFSU) for a scientific evaluation of the plankton community of the South San Francisco Bay, extending the term of the agreement by 11 months, from January 31, 2005 to December 31, 2005, and correcting milestone dates, at no additional cost to the City.  CEQA:  Not a Project.  (Environmental Services)

2.9              (Cont’d.)

 

Documents Filed: Memorandum from Director of Environmental Services Carl Mosher, dated November 25, 2002, recommending approval of a first amendment to said agreement with San Francisco State University.

 

Discussion/Action: The first amendment to the consultant agreement with San Francisco State University was approved and its execution authorized. Vote: 11-0-0-0.

 

2.10     Approval of a first amendment to the consultant agreement with ICF Associates, Inc., for advertising and public relations services to support the Recycle Plus Program, extending the expiration date of the contract by six months from January 1, 2003 through June 30, 2003, at no additional cost to the City.  CEQA:  Not a Project.  (Environmental Services)

 

Documents Filed: Memorandum from Director of Environmental Services Carl Mosher, dated November 25, 2002, recommending approval of a first amendment to said agreement with ICF Associates, Inc.

 

            Discussion/Action: The first amendment to the consultant agreement with ICF Associates, Inc. was approved and its execution authorized. Vote: 11-0-0-0.

 

2.11     Adoption of a resolution to designate the Emergency Services Council as the San José Citizen Corps Council.  CEQA:  Not a Project.  (Emergency Services)

 

Documents Filed: Memorandum from Director of Emergency Services Frances Edwards-Winslow, dated December 4, 2002, recommending the adoption of said resolution

 

            Discussion/Action: Council Member Dando requested information from Staff regarding their plan for informing communities about emergency preparedness and suggested Staff develop a more aggressive outreach program to reach more people throughout the community and to return with a status update as to their progress. Resolution No. 71342, entitled: “A Resolution of the Council of the City of San José Designating the City’s Existing Emergency Services Council as the San José Citizen Corps Council”, was adopted. Vote: 11-0-0-0.

 

2.12     Adoption of a resolution:

            (a)        To change the job classification titles of:

                        (1)        Recreation Aide PT (6107) to Community Services Aide PT, and

                        (2)        Director of Human Resources (1439) to Director of Employee Services.

            (b)        To change salary ranges, effective January 5, 2003, for the classifications of:

                        (1)        Library Clerk (6213) and (6214) to $16.96 - $20.61 per hour,

                        (2)        Library Assistant (6221) and (6222) to $23.27 - $28.28 per hour,

                        (3)        Sr. Librarian (6235) to $33.36 - $40.67 per hour, and

                        (4)        Fire Division Chief (2331) to $52.90 - $64.46 per hour.

            (c)        To delete various job classifications.

            CEQA:  Not a Project.  (Employee Services)

2.12     (Cont’d.)

 

            Documents Filed: Memorandum from Acting Director of Employee Services Kay Winer, dated November 25, 2002, recommending the adoption of said resolutions.

 

            Discussion/Action: Acting Director of Employee Services Kay Winer reported Staff will be returning to Council with special adjustment information to the Library I and II classifications that were not included in the Staff report. Resolution No. 71343 entitled: “A Resolution of the Council of the City of San José Amending the City of San José Pay Plan to Change Job Classification Titles, to Change Salary Ranges For Specified Classifications and to Delete Various Job Classifications”, was adopted. Vote: 11-0-0-0.

 

2.13     (a)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #17 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.

            (b)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #18 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Resolution No. 67380, PP02-10-274.

            (c)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #19 and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project.

            (General Services)

 

Documents Filed: Memorandum from Director of General Services José Obregon, dated November 25, 2002, recommending the approval of said award of open purchase orders for FY 2