MINUTES OF THE CITY COUNCIL

 

SAN JOSÉ, CALIFORNIA                                                                 TUESDAY, JUNE 24, 2003

 

 

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, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, 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) Evans v. All Persons Interested, et al.; (2) City of San José v. Montague, LLC, et al; (3) City of San José v. State of California; (4) City of San José v. CalTrans/Port of Oakland, et al; (5) Jane Doe v. City of San José and (6) Comcast v. City of San José, and (B) to confer with Legal Counsel to discuss anticipated litigation pursuant to Subsection (c) of Section 54956.9 of the Government Code Section 54956.9 in four matters regarding the initiation of litigation; and (C) to confer with Labor Negotiator pursuant to Government Code Section 54957.6, City Negotiation: City Manager designee Alex Gurza, and the following Employee Organizations: (1) San José Police Officers’ Association; (2) International Association of Firefighters; (3) Municipal Employees Federation; (4) Confidential Employees Organization; (5) City Association of Management Personnel; (6) Association of Maintenance Supervisory Personnel; (7) Operating Engineers, Local 3; (8) Inter-national Brotherhood of Electrical Workers; (9) Association of Building and Mechanical and Electrical Inspectors; and to confer with Labor Negotiator pursuant to Government Code Section 54957.6, City Negotiation: City Manager designee Alex Gurza, and the following: Unrepresented Employee Units: 99, 18, and 4.

 

            By unanimous consent, Council reconvened from the Closed Session and recessed at 10:50 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

 

Present: Council Members     -        Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.

 

Absent: Council Members     -        None.

 

 

INVOCATION

 

            Hoover Middle School Band members Tim Howell, Vanessa Williams, Rachel Van Dussen, their teacher Jenny Anderson performed a trumpet trio. (District 6)

 

PLEDGE OF ALLEGIANCE

 

Mayor Gonzales led the Pledge of Allegiance.

 

            Council Member Reed acknowledged the presence of his parents who were visiting from out of town.

 

 

Orders of the Day

 

Upon motion by Council Member Chavez, seconded by Council Member Williams, and carried unanimously, and the Orders of the Day and the Amended Agenda were approved with Item 7.1, recommended for continuance to be heard by Council. Vote: 11-0-0-0.

 

            Items 10.1 and 10.2 are to be considered in a Joint City Council/Redevelopment Agency Board session.

 

 

CEREMONIAL ITEMS

 

1.1       Presentation of a certificate for 64% diversion by Integrated Waste Management Board. (Environmental Services)

 

            Documents Filed: None.

 

            Discussion/Action: Joining Mayor Gonzales at the podium were Environmental Services Director Carl W. Mosher, and Steven R. Jones, California Integrated Waste Management Board to present to the City Council with recognition related to the City’s recycling program and the 64 percent diversion of waste into landfills. Also acknowledged were former Council Members Judy Stabile, Trixie Johnson, Margie Matthews and Shirley Lewis, and former Environmental Director Michelle Yesney, Office of Environmental Management Richard Gurtman who designed the first curb side recycling program, former Environmental Director Greg Larson, and former Environmental Services employee Eileen Larson, and current Staff who were instrumental at the start of the program.

 

1.2       Presentation of a proclamation declaring July 6-12, 2003 as National Therapeutic Recreation Week. (LeZotte)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales was joined at the podium by Council Member LeZotte, and Parks, Recreation and Neighborhoods Services Director Sara L. Hensley to present a proclamation declaring July 16-23, 2003 National Therapeutic Recreation Week and honoring everyone working at the Therapeutic Recreation Center which provides recreational and therapeutic services to persons with disabilities in helping them eliminate barriers to leisure, life enhancing skills, and enhancing the quality of life for all residents.

 

1.3       Presentation of a proclamation declaring July 2003 as Recreation and Parks Month.  (Parks, Recreation and Neighborhood Services)

 

            Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhoods Services Director Sara L. Hensley, dated June 2, 2003, recommending the month of July to be proclaimed Parks and Recreation Month.

 

            Discussion/Action: Mayor Gonzales joined at the podium by Parks, Recreation and Neighborhoods Services Director Sara L. Hensley to present a proclamation declaring the month of July 2003 as Parks and Recreation Month.

 

1.4       Presentation of a commendation to Father Bill Muller, president of Bellarmine Preparatory, for his service to the community. (Yeager)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales was joined at the podium by Vice Mayor Dando, and Council Member Yeager to present a proclamation to Father Bill Muller, President of Bellarmine Preparatory, honoring his years of service and for his outstanding commitment to the students and their families.

           

1.5       Presentation of commendations to the Healthy Neighborhood Venture Fund Community Members and Staff for their hard work. (Dando)

            (Rules Committee referral 6/18/03)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales was joined at the podium by Vice Mayor Dando and Council Members Chavez and Yeager to present commendations to volunteer Community Members Cora Tomilisa, Adolph Quilci and Patricia Jensen of the Healthy Neighborhood Venture Fund, and Staff in recognition of all their hard work.

 

1.6       Presentation of a commendation to Sprint for their dedication to working with the City of San José, KaBOOM!, and the community to find creative ways to improve the quality of life for the residents of San José. (Chavez)

            (Rules Committee referral 6/18/03)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales was joined by Council Member Chavez to present a commendation to Melanie Barnes from KaBoom, and Caroline Semerdijian from Sprint, in recognition of their work with the community, in finding creative ways to improve the quality of life for the residents of San José.

 

1.7       Presentation of a commendation to Harriet Traurig for her dedication to her work on the San José Public Art Program and for receiving a national award from the Public Art Network. (Williams)

            (Orders of the Day)

 

            Documents Filed: None.

 

            Discussion/Action: Mayor Gonzales was joined by Council Member Williams to present a commendation to Harriet Traurig in recognition of the national award from the Public Art Network she received. Each year the City will recognize an individual with the Harriet Traurig award to honor her achievements, and in her absence Acting Director of Conventions, Arts & Entertainment, Jim McBride accepted the commendation.

 

 

CONSENT CALENDAR

 

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

 

Approval of Minutes.

 

2.1       Approval of City Council Minutes:

            (a)        Regular meeting of October 22, 2002

            (b)        Joint City Council/Redevelopment Agency Board meeting of October 22, 2002

            (c)        Regular meeting of October 29, 2002

            (d)        Joint City Council/Redevelopment Agency Board meeting of October 29, 2002

            (e)        Regular meeting of November 5, 2002

            (f)        Regular meeting of November 12, 2002

 

            Documents Filed: Minutes of Regular City Council meetings of October 22, October 29, November 5, 2002, and November 12, 2002, and Joint City Council/Redevelopment Agency Board meetings of October 22 and October 29, 2002.

 

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

 

2.2       Final adoption of ordinances:

            (a)        ORD. NO. 26913 – Amends Ordinance No. 15879 as amended by Ordinance No. 21676, which granted a franchise for the sale of gas within the City of San José to Pacific Gas & Electric Company, to allow a credit in the event of overpayments.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26913, executed on June 17, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26913 was adopted. Vote: 11-0-0-0.

 

            (b)        ORD. NO. 26914 – Amends Ordinance No. 15880 as amended by Ordinance No. 21677, which granted a franchise for the transmission and distribution of electricity within the City of San José to Pacific Gas & Electric Company, to allow a credit in the event of overpayments.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26914, executed on June 17, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26914 was adopted. Vote: 11-0-0-0.

 

            (c)        ORD. NO. 26915 – Grants a Commercial Solid Waste and Recyclables Collection Franchise to Redwood Services Inc. dba Redwood Debris Box.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26915, executed on June 17, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26915 was adopted. Vote: 11-0-0-0.

 

            (d)        ORD. NO. 26917 - Amends Chapter 4.80 of Title 4 of the San José Municipal Code to add a new Part to establish the Federal Local Law Enforcement Block Grant Fund.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26917, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26917 was adopted. Vote: 11-0-0-0.

 

            (e)        ORD. NO. 26918 – Amends Section 3.28.030.05 of Chapter 3.28 of Title 3 of the San José Municipal Code to include anti-terrorist training incentive pay in the definition of compensation in the Federated City Employees Retirement System.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26918, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26918 was adopted. Vote: 11-0-0-0.

 

            (f)        ORD. NO. 26919 – Amends Section 11.96.070 of Chapter 11.96 of Title 11 of the San José Municipal Code to add a prohibition of commercial vehicles in excess of 5 tons on Fifth Street between Hedding Street and Taylor Street, Sixth Street between Hedding Street and Taylor Street, and on Mission Street, between Fourth Street and Seventh Street.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26919, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26919 was adopted. Vote: 11-0-0-0.

 

            (g)        ORD. NO. 26920 – Amends Part 46 of Chapter 4.80 of Title 4 of the San José Municipal Code to replace the Housing and Homeless Fund by establishing the City of San José Housing Trust Fund.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26920, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26920 was adopted. Vote: 11-0-0-0.

 

            (i)         ORD. NO. 26923 - Rezones certain real property situated east side of McKean Road, approximately 5500 feet south of Bailey Avenue. PDC 02-107

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26923, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26923 was adopted. Vote: 11-0-0-0.

 

            (j)         ORD. NO. 26924 - Prezones and rezones certain real property situated at the westerly side of Alum Rock Avenue, approximately 200 feet northerly of Marian Lane (4600, 4601, and 4609 Hyland Avenue, and 4609 Alum Rock Avenue) to A(PD) Planned Development. PDC 01-082

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26924, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26924 was adopted. Vote: 11-0-0-0.

 

            (k)       ORD. NO. 26925 - Rezones certain real property situated at the southeast corner of S. Twelfth and Keyes Streets to A(PD) Planned Development. PDC 03-018

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26925, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26925 was adopted. Vote: 11-0-0-0.

 

            (l)         ORD. NO. 26926 - Rezones certain real property situated located at the southeastern corner of Willowbrae Avenue and Willow Oaks Drive. PDC 02-073

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26926, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26926 was adopted. Vote: 11-0-0-0.

 

            (m)       ORD. NO. 26927 - Rezones certain real property situated at the southeast corner of S. Tenth and Keyes Streets to CP Pedestrian Commercial. C 03-026

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26927, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26927 was adopted. Vote: 11-0-0-0.

 

            (n)        ORD. NO. 26928 - Rezones certain real property situated at the west side of South First Street, approximately 150 feet southerly of East Virginia Street. C 03-030

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26928, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26928 was adopted. Vote: 11-0-0-0.

 

            (o)        ORD. NO. 26929 - Prezones certain real property situated on the east side of Meridian Way, approximately 300 feet northerly of Pedro Street, to R-M Residence. C 03-037

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26929, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26929 was adopted. Vote: 11-0-0-0.

 

            (p)        ORD. NO. 26930 - Rezones certain real property situated on the westerly side of Silver Creek Valley Road opposite Beaumont Canyon Drive, to A(PD) Planned Development.  PDC 03-001

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26930, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26930 was adopted. Vote: 11-0-0-0.

 

            (q)        ORD. NO. 26931 - Rezones certain real property situated on the south side of Quimby Road, approximately 1,700 feet easterly of Ruby Avenue, to A(PD) Planned Development. PDC 03-009

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26931, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26931 was adopted. Vote: 11-0-0-0.

 

            (r)        ORD. NO. 26932 - Rezones certain real property situated at the southeast corner of W. San Carlos Street and Bird Avenue to A(PD) Planned Development. PDC 03-016

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26932, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26932 was adopted. Vote: 11-0-0-0.

 

            (s)        ORD. NO. 26933 - Rezones certain real property situated on the northwest corner of Capitol Expressway and Timberloop Drive to A(PD) Planned Development. PDC 03-017

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26933, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26933 was adopted. Vote: 11-0-0-0.

 

            (t)        ORD. NO. 26934 - Rezones certain real property situated on the south side of Balbach Street, 200 feet westerly of South Market Street.  PDC 03-028

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26934, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26934 was adopted. Vote: 11-0-0-0.

 

            (u)        ORD. NO. 26935 - Rezones certain real property situated at the south side of Nevada Avenue, approximately 500 feet westerly of Lincoln Avenue to R-1-8 Residence. C 03-033

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26935, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26935 was adopted. Vote: 11-0-0-0.

 

            (v)        ORD. NO. 26936 - Rezones certain real property situated at the west side of North 5th Street, approximately 390 feet southerly of East Empire Street to R-2 Residence.  C 03-04

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26936, executed on June 20, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26936 was adopted. Vote: 11-0-0-0.

 

2.3       (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Corlett, Skaer and DeVoto Architects Inc. (CSDA) for consultant services related to the acoustical treatment of Lafayette-Americana Condominiums, 79 homes and Lake Santa Clara Clubhouse as part of the Airport’s Acoustical Treatment (ACT) Program, for the period July 1, 2003 to June 30, 2005, in an amount not to exceed $586,722.  CEQA:  Resolution No. 67380 and 71451, PP 03-05-182.  (Airport)

            (b)        Adoption of a resolution authorizing the City Manager to negotiate and execute the fourth amendment to the consultant agreement with Corlett, Skaer & DeVoto Architects, Inc. for architectural and construction administration services related to Phase 6 of the Acoustical Treatment (ACT) Program, extending the time for completion from June 30, 2003 to December 31, 2003, with no increase in total compensation.  (Airport)

 

            Documents Filed: Memoranda from Aviation Director Ralph G. Tonseth, both dated June 2, 2003, recommending (a) adoption of a resolution authorizing the City Manager to negotiate and execute said agreement with Corlett, Skaer and DeVoto Architects Inc., and (b) adoption of a resolution authorizing the City Manager to execute the fourth amendment to said consultant agreement with Corlett, Skaer & DeVoto Architects, Inc.

 

            Discussion/Action: Resolution No. 71645, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Corlett, Skaer & Devoto Architects, Inc. for Consultant Services Related to the Acoustical Treatment of Lafayette-Americana Condominiums and Lake Santa Clara Clubhouse for the Period June 30, 2003 to June 30, 2005 in an Amount Not to Exceed $586,722”; and Resolution No. 71646, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a Fourth Amendment to an Agreement with Corlette, Skaer & Devoto Architects, Inc. for Architectural and Construction Administration Services Related to Phase 6 of the Acoustical Treatment Program Extending the Term to December 31, 2003 with no Increase in Compensation”, were adopted. Vote: 11-0-0-0.

 

2.4       Approval of an ordinance amending Chapter 25.16 of Title 25 of the San José Municipal Code (Airport) to authorize towing of vehicles parked in violation of Airport parking prohibitions or parked at any portion of the Airport parking facilities which is restricted or otherwise prohibited pursuant to applicable Federal law and regulations. CEQA: Resolution Nos. 67380 and 71451, PP 03-05-177. (Airport)

 

            Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated June 2, 2003, recommending approval of said ordinance amending Chapter 25.16 of title 25 of the San José Municipal Code.

 

            Discussion/Action: Ordinance No. 26937, entitled: “An Ordinance of the City of San José Amending Section 25.16.030 of Chapter 25.16 of Title 25 of the San José Municipal Code to Authorize Towing of Vehicles Parked in Violation of Airport Parking Prohibitions or Parked at Any Portion of the Airport Parking Facilities Which is Restricted or Otherwise Prohibited Pursuant to Applicable Federal Law or Regulations”, was passed for publication. Vote: 11-0-0-0.

 

2.5       Adoption of a resolution to establish Compressed Natural Gas (CNG) fueling rates, charges, and fees at Norman Y. Mineta San José International Airport. CEQA: Resolution Nos. 67380 and 71451, PP 03-05-191. (Airport)

 

            Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated June 2, 2003, recommending adoption of said resolution.

 

            Discussion/Action: Resolution No. 71647, entitled: “A Resolution of the Council of the City of San José Establishing Compressed Natural Gas Fueling Rates, Charges and Fees at the Norman Y. Mineta San José International Airport”, was adopted. Vote: 11-0-0-0.

 

2.6       Adoption of a resolution authorizing the City Manager to negotiate and execute the second amendment to the agreement with AvAirPros, Inc. for consulting services related to technical, financial, and operational issues during implementation of the Master Plan, increasing compensation by $100,000, from $150,000, for a total agreement amount not to exceed $250,000, and extending the term of the agreement from June 30, 2003 to June 30, 2004. CEQA: Resolution Nos. 67380 and 71451, PP03-06-201. (Airport)

 

            Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated June 2, 2003, recommending adoption of said resolution authorizing the City Manager to negotiate and execute the second amendment to the agreement with AvAirPros, Inc.

 

            Discussion/Action: Resolution No. 71648, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute the Second Amendment to the Agreement with AvAirPros, Inc. for Consulting Services for the Norman Y. Mineta San José International Airport Increasing the Compensation by $100,000 and Extending the Term to June 30, 2004”, was adopted. Vote: 11-0-0-0.

 

2.7       Approval of:

            (a)        The eleventh amendment to the lease agreement with Chevron U.S.A., Inc. for the lease of Airport Lot 8 for storage and distribution of aviation petroleum products, extending the term of the lease for five years from July 1, 2003 through June 30, 2008, with annual revenue to the City of approximately $6,125.

            (b)        The first amendment to Revocable License Agreement with Chevron U.S.A., Inc. for the operation of one jet fuel dispensing station at the Airport fuel rack, extending the term of the License from August 21, 2003 through June 30, 2008. CEQA:  Resolution Nos. 67380 and 71451, PP 03-06-196. (Airport)

 

            Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated June 2, 2003, recommending approval of (a) the eleventh amendment to said lease agreement with Chevron U.S.A., Inc., (b) the first amendment to said revocable license agreement with Chevron U.S.A., Inc.

 

            Discussion/Action: The lease agreement with Chevron U.S.A., Inc. and the first amendment to revocable license agreement with Chevron U.S.A., Inc. was approved, and its execution authorized. Vote: 11-0-0-0.

 

2.8       Approval of a second amendment to the agreement with The Source Group, for environmental consultant services at the Norman Y. Mineta San José International Airport, extending the term of the agreement from June 30, 2003 to June 30, 2004.  CEQA: Resolution No. 67380, PP02-68-221.  (Airport)

 

            Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated June 10, 2003, recommending approval of a second amendment to said agreement with The Source Group.

 

            Discussion/Action: The second amendment of Master Services Agreement with the Source Group, Inc., for environmental consulting services at the Norman Y. Mineta International Airport was approved, and its execution authorized. Voted: 11-0-0-0.

 

2.9       Adoption of an urgency ordinance approving an extension of the terms of Ordinance No. 22128, granting a Nonexclusive Cable Television Franchise to Gill Industries, Inc., dba Gill Cable, from June 30, 2003 to January 31, 2004.  (City Attorney’s Office)

 

            Documents Filed: Memorandum from Assistant City Manager Mark Linder, dated June 10, 2003, recommending adoption of said urgency ordinance to allow an extension of the terms of the current Cable Television Franchise.

 

            Discussion/Action: Ordinance No. 26938, entitled: “An Urgency Ordinance of the City of San José Approving a Further Extension of the Terms of Ordinance No. 22128, Granting a Nonexclusive Cable Television Franchise to Gill Industries, Inc., DBA Gill Cable, from June 30, 2003 to January 31, 2004”, was adopted. Vote: 11-0-0-0.

 

2.10     Approval for City Manager Del D. Borgsdorf to travel to Vancouver, BC, July 17-19, 2003 to attend the Large Cities Executive Forum. CEQA: Not a Project. (City Manager’s Office)

 

            Documents Filed: Memorandum from City Manager Del D. Borgsdorf, requesting approval to travel to Vancouver, BC.

 

            Discussion/Action: The travel request from City Manager Del Borgsdorf to attend the Large Cities Executive Forum on July 17-19, 2003 was approved. Vote: 11-0-0-0.

 

2.11     (a)        Adoption of an appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for various projects with a net impact to the fund of $542,336. CEQA: Not a Project. Council Districts 2 and 3. SNI: Edenvale. (City Manager’s Office)

            (b)        Adoption of an appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for various projects with a net impact to the fund of $531,980.  CEQA:  Not a Project.  (City Manager’s Office)

            (c)        Adoption of a resolution making certain determinations regarding the expenditure of Redevelopment Agency funds on public improvements for the 880/Coleman Project.

 

                        Documents Filed: (1) Memoranda from Budget Director Larry D. Lisenbee, both dated June 2, 2003, recommending adoption of said appropriation ordinances and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund. (2) Memorandum from City Attorney Richard Doyle, dated June 20, 2003, recommending adoption of a resolution making certain determinations regarding the expenditure of Redevelopment Agency funds on public improvements for the 880/Coleman Project.

 

                        Discussion/Action: Ordinance No. 26939, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund for the Various Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 71649 entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71072 Setting Forth the Estimated Sources of Funds for The Fiscal Year 2002-2003 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”; Ordinance No. 26940, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund for Various Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. The funding sources resolution was deemed unnecessary, Resolution No. 71650 was not adopted and Item 2.11b and Resolution No. 71651, entitled: “A Resolution of the Council of the City of San José Making Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds for Certain Public Improvements in the 880/ Coleman Interchange Utility Relocation Project”, was adopted. Vote: 11-0-0-0

 

2.12     Adoption of a resolution authorizing the City Manager to negotiate and execute the first amendment to the Parking Premises Agreement with Walton San José Investors III, LLC, to allow Walton San José Investors III, LLC upon the prior written approval of the Director of Conventions, Arts and Entertainment to sublease parking spaces to rental car agencies, and to clarify that the City will begin billing Walton San José Investors III, LLC, for the use of their parking spaces commencing on June 1, 2003. CEQA: Exempt, PP03-06-219. CEQA: Not a Project. Council District 3. (Conventions, Arts and Entertainment/Transportation)

 

            Documents Filed: Memorandum from Conventions, Arts and Entertainment Acting Director Jim McBride, dated June 2, 2003, recommending adoption of said resolution authorizing the City Manager to negotiate and execute the First Amendment to the Parking Premises Agreement with Walton San José Investors III, LLC.

 

            Discussion/Action: Resolution No. 71652, 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 Parking Premises Agreement with Walton San José Investors III, LLC”, was adopted. Vote: 11-0-0-0.

 

2.13     Approval of an agreement with the San José Sports Authority for the period July 1, 2003 to June 30, 2007, in an amount not to exceed $610,812 for FY 2003-2004.  CEQA:  Not a Project.  (Economic Development)

 

            Documents Filed: (1) Memorandum from Economic Development Director Paul Krutko, dated June 3, 2003, recommending approval of said agreement with the San José Sports Authority. (2) Supplemental memorandum from Economic Development Director Paul Krutko, dated June 17, 2003, correcting the Recommendation language to reflect the correct dollar amount of $610,812 for said agreement with the San José Sports Authority.

 

            Discussion/Action: The agreement with the San José Sports Authority, in an amount not to exceed $610,812 for FY 2003-2004, was approved, and the execution of the agreement authorized. Vote: 11-0-0-0.

 

2.14     Adoption of a resolution to:

            (a)        Create the following job classifications:

                        (1)        Legal Analyst I PT (2128).

                        (2)        Legal Analyst II PT (2118).

                        (3)        Nurse Practitioner (5128) and PT (5129).

                        (4)        Library Aide PT (6217).

            (b)        Change the job classification titles of:

                        (1)        Legal Secretary I C PT (1153) to Legal Administrative Assistant I C PT.

                        (2)        Legal Secretary II C PT (1154) to Legal Administrative Assistant II C PT.

                        (3)        Legal Secretary Trainee C (1165) to Legal Administrative Assistant Trainee C.

            (c)        Change salary ranges for the classifications of:

                        (1)        Nurse (5122) and PT (5123).

            CEQA:  Not a Project.  (Employee Services)

 

            Documents Filed: Memorandum from Employee Services Director Mark Danaj, dated June 3, 2003, recommending adoption of said resolution.

 

            Discussion/Action: Resolution No. 71653, entitled: “A Resolution of the Council of the City of San José Approving Amendments to the City of San José Pay Plan to Create Job Classifications, Change Job Classification Titles and to Change Salary Ranges for Various Classifications”, was adopted. Vote: 11-0-0-0.

 

2.15     (a)        Approval of an agreement with the County of Santa Clara for reauthorization of the Countywide AB 939 Implementation Fee for a three year term from July 1, 2003 to June 30, 2006, and to increase this fee $0.55 per ton, for a total fee of $3.35 per ton, to fund countywide household hazardous waste services and other AB 939 compliance activities; and

            (b)        Approval of an agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program for the term July 1, 2003 through June 30, 2006, at no cost to the City. 

            CEQA: Exempt, PP03-05-172. (Environmental Services)

 

            Documents Filed: Memorandum from Environmental Services Director Carl W. Mosher, dated June 2, 2003, recommending (1) approval of said agreement with the County of Santa Clara for reauthorization of the Countywide AB 939 Implementation Fee, and (2) approval of said agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program.

 

            Discussion/Action: The agreement with the County of Santa Clara for reauthorization of the Countywide AB 939 Implementation Fee and agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program, were approved, and their execution authorized. Vote: 11-0-0-0.

 

2.16     Approval of the fourth amendment to the consultant agreement with the University of California Cooperative Extension, Santa Clara, (UCCE) for research on the use of municipally generated yard waste and food waste products, as well as composting of on-site business waste, to extend the term from August 1, 2003 through August 1, 2004, and increase the maximum compensation by $30,000, for a total amount not to exceed $151,000. CEQA: Not a Project. (Environmental Services)

 

            Documents Filed: Memorandum from Environmental Services Director Carl W. Mosher, dated June 2, 2003, recommending approval of the fourth amendment to said consultant agreement with the University of California Cooperative Extension, Santa Clara.

 

            Discussion/Action: The fourth amendment to consultant agreement with the University of California Cooperative Extension, Santa Clara was approved, and its execution authorized. Vote: 11-0-0-0.

 

2.17     Approval of the second amendment to the consultant agreement with Fortune2 Design extending the term of the agreement from June 30, 2003 to June 30, 2004, and increasing compensation by $71,500, from $87,000, for a total amount not to exceed $158,500. CEQA: Not a Project. Environmental Services)

 

            Documents Filed: (1) Memorandum from Environmental Services Director Carl W. Mosher, dated June 2, 2003, recommending approval of the second amendment to said consultant agreement with Fortune2 Design. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 2003, stating concurrence with the Staff recommendation.

 

            Discussion/Action: The second amendment to consultant agreement with Fortune2 Design Communication design was approved, and its execution authorized. Vote: 11-0-0-0.

 

2.18     Approval of the sixth amendment to the agreement with the City of Milpitas for implementation of portions of the South Bay Water Recycling (SBWR) Program, to make additional contingency funding available for construction of infill projects M-2, M-3, and M-4 at no increase in the overall cost of the agreement, and to extend the term of the original agreement by three months, from September 30, 2003 to December 31, 2003. CEQA: Resolution No. 64667; PP00-11-219. (Environmental Services)

 

            Documents Filed: (1) Memorandum from Environmental Services Director Carl W. Mosher, dated June 2, 2003, recommending approval of the sixth amendment to said agreement with the City of Milpitas. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 2003, stating concurrence with the Staff recommendation.

 

            Discussion/Action: The sixth amendment to South Bay Water Recycling Implementation of agreement with the City of Milpitas, with additional contingency funding available for construction of infill projects M-2, M-3, and M-4 at no increase in the overall cost of the agreement, and to extend the term of the original agreement by three months, from September 30, 2003 to December 31, 2003, was approved and its execution authorized. Vote: 11-0-0-0.

 

2.19 and 2.20 were heard together.

2.19     Approval of the fourth amendment to the consultant agreement with GLS Research to extend the agreement term from June 30, 2003 to June 30, 2004, expand the scope of service to include conducting a telephone survey and six focus groups on residential garbage and recycling services, and increase compensation by $80,000, from $138,825, for a total amount not to exceed $218,825. CEQA: Not a Project. (Environmental Services)

 

2.20     Approval of the second amendment to the agreement with Fairbank, Maslin, Maullin & Associates (FMM&A) for market research services to evaluate the effectiveness of outreach efforts and improve service delivery for the Environmental Services Department (ESD), increase compensation by $42,000, from $81,630 to an amount not to exceed $123,630, and extend the term of the agreement from June 30, 2003 through June 30, 2004. CEQA: Not a Project. (Environmental Services)

 

            Documents Filed: (1) Memorandum from Environmental Services Director Carl W. Mosher, dated June 11, 2003, recommending approval of the fourth amendment to said consultant agreement with GLS Research. (2) Memorandum from Environmental Services Director Carl W. Mosher, dated June 11, 2003, recommending approval of a second amendment to said agreement with Fairbank, Maslin, and Maullin & Associates.

 

            Discussion/Action: Council Member Chavez asked how will the surveys impact the ability to better understand pricing and how much garbage is being recycled. Environmental Services Director Carl W. Mosher replied the surveys can be specifically designed for both commercial and residential, and focus groups will be used to better determine at what level education programs are working and whether or not price has anything to do with why people recycle or not. Council Member Chavez asked about the timeframe of the survey results and how will the survey results be shared with the service providers. Director Mosher replied Staff would meet on a monthly basis with the service providers to share information from the survey and customer callbacks.

 

            Council Member LeZotte asked whether the focus groups would be in areas where residual problems exist and asked if there are assumptions around certain issues such as a certain population, a certain part of the City, or a hauler, and suggested making the survey broad enough to reflect what those challenges are. Director Mosher explained in developing the focus groups, City haulers are now doing audits of the routes to determine what route has problems, Staff can determine if it is a geographical issue or language issue, and then include people in those focus groups as they are developed. Council Member LeZotte suggested it would be important to include comparisons to specific areas where the City is not having problems to help determine assumptions about what is happening in the areas with problems. Replying to Council Member Williams’ question about what measurements will be used for success, Director Mosher replied the ultimate measure would be the reduction in garbage in the recycling carts. Council Member Williams suggested receiving a status report on progress, and if the City is achieving what is needed by the investment being made.

 

            Council Member Gregory recommended when the report returns to Council, that Staff be prepared to put a plan together which addresses all issues and any opportunities in educating with outreach in solving these problems. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and carried unanimously, the agreements were approved, and the recommendation to amend the agreement for survey and focus group services related to garbage and recycling services was approved, with direction to Staff to include haulers at an earlier phase, with an opportunity to review and survey. Vote: 11-0-0-0.

 

2.21     Approval of an agreement with Raines, Melton & Carella, Inc., to provide professional engineering services for the South Bay Water Recycling Program, including evaluation of system reliability and design of identified improvements; evaluation and reporting on need for security improvements; and provision of regulatory support and community outreach for a total agreement amount not to exceed $1,136,000, including $60,000 for additional services, for the period of July 1, 2003 through March 31, 2005. CEQA: Not a Project.  (Environmental Services)

 

            Documents Filed: (1) Supplemental memorandum from Environmental Services Director Carl W. Mosher, dated June 12, 2003, providing a more detailed description of tasks included in the Scope of Work of the proposed agreement. (2) Memorandum from Environmental Services Director Carl W. Mosher, dated June 4, 2003, recommending approval of said agreement with Raines, Melton & Carella, Inc. (3) Letter from the Treatment Plant Advisory Committee dated June 12, 2003, stating concurrence with the Staff recommendation.

 

            Discussion/Action: The agreement with Raines, Melton & Carella, Inc. providing professional engineering services for the South Bay Water Recycling (SBWR) Program for a total agreement amount not to exceed $1,136,000, including $60,000 for additional services, for the period of July 1, 2003 through March 31, 2005, was approved and its execution authorized. Vote: 11-0-0-0.

 

2.22     Adoption of a resolution authorizing the City Manager to negotiate and execute a tenth amendment to the agreement for fire protection with Santa Clara County Central Fire Protection District, extending the term through November 18, 2003, at no cost to the City, over the revenue received under the agreement. CEQA: Not a Project. (Fire)

 

            Documents Filed: Memorandum from Acting Fire Chief Dale E. Foster, dated June 2, 2003, recommending approval of the tenth amendment to said agreement with the Santa Clara County Central Fire Protection District.

 

            Discussion/Action: Resolution No. 71654, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Tenth Amendment to the Zone 1 Fire Protection Agreement with the Santa Clara County Central Fire Protection District, Extending the Term of the Agreement Until November 18, 2003 and Directing the Fire Department to Negotiate a New Agreement and Submit the Agreement for Council Approval by November 18, 2003”, was adopted. Vote: 11-0-0-0.

 

2.23     (a)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #36, and authorization for the Director of General Services to execute the purchase orders.  CEQA: Not a Project.  (General Services)

            (b)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #37, and authorization for the Director of General Services to execute the purchase orders.  CEQA: Not a Project.  (General Services)

            (c)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #1, and authorization for the Director of General Services to execute the purchase orders.  CEQA: Not a Project.  (General Services)

            (d)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #2, and authorization for the Director of General Services to execute the purchase orders.  CEQA: Not a Project.  (General Services)

 

            Documents Filed: (1) Memoranda from Director of General Services, Jose Obregon, dated June 2 and June 10, 2003, recommending approval of said open purchase orders #36 and #37 for FY 2002-2003 and #1 and #2 for FY 2003-2004. (2) Memorandum from Director of General Services, Jose Obregon, dated June 20, 2003, providing additional information in response to a question raised by Council Member Cortese regarding the public outreach strategy utilized by General Services Purchasing for the public advertisement of contract opportunities. (3) Letter from Treatment Plant Advisory committee dated June 12, 2003, stating concurrence with the Staff recommendation

 

            Discussion/Action: The award of open purchase orders for #36 and #37 for FY 2002-2003 and #1 and #2 for FY 2003-2004 were approved, and the Director of General Services was authorized to execute the purchase orders. Vote: 11-0-0-0.

 

2.24     Adoption of a resolution authorizing the Director of General Services to execute an amendment to the agreement with Turbo Data Systems Inc., (Orange, CA) to continue to provide services for an additional six months, to allow sufficient time to complete the request for proposal process. CEQA: Not a Project. (General Services/Transportation)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon and Director of Transportation, James R. Helmer, dated June 2, 2003, recommending adoption of a resolution authorizing the Director of General Services to execute an amendment to said agreement with Turbo Data Systems Inc.

 

            Discussion/Action: Resolution No. 71555, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Amendment to the Agreement with Turbo Data Systems, Inc. for the Processing and Collection of Parking Citations”, was adopted. Vote: 11-0-0-0.

 

2.25     Approval to award a sole source purchase of twenty school radar display signs to Fortel Traffic, Inc., (Hollister, CA) for a total cost of $147,220 including tax and delivery, and authorization for the Director of General Services to execute the purchase order. CEQA: Exempt, PP02-11-327. (General Services)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated June 2, 2003, recommending approval to award sole source purchase to Fortel Traffic, Inc., for the purchase of twenty school radar display signs

 

            Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Chavez, and carried unanimously, the award of sole source purchase to Fortel Traffic, Inc., pursuant to Subsection 4.12.020 of the San José Municipal Code, was approved and its execution authorized, with direction to Staff to provide list of locations where radar display signs will be posted. Vote: 11-0-0-0.

 

2.26     Report on a bid and award the purchase of 720 fabricated metal receptacle tops to Thorp Equipment, Inc. (Thorp, Wisconsin), at a total cost of $241,880.94, including tax, and authorization for the Director of General Services to execute the purchase order for the immediate purchase of 720 fabricated metal receptacle tops. CEQA: Not a Project. (General Services)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated June 2, 2003, recommending award of said purchase to Thorp Equipment, Inc., and to authorize the Director of General Services to execute the purchase order.

 

            Discussion/Action: The bid and award of purchase for 720 fabricated metal receptacle tops to Thorp Equipment, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

 

2.27     Adoption of a resolution authorizing the City Manager to enter into an Office Space Lease with 800 N. 1st Street, LLC. for 6,600 rentable square feet of office space for the City Auditor, at 800 N. 1st Street in San José. CEQA: Exempt,

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated June 2, 2003, recommending adoption of said resolution authorizing the City Manager to enter into an Office Space Lease with 800 N. 1st Street, LLC.

 

            Discussion/Action: Resolution No. 71656, 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 Office Space Lease, Addendum and Amendment with 800 N. 1st Street, LLC, for 6,600 Rentable Square Feet of Office Space for the City Auditor, at 800 N. 1st Street in San José, in an Amount not to Exceed $17,160 Beginning June 1, 2003, and to $18,150 Beginning June 1, 2004”, was adopted. Vote: 11-0-0-0.

 

2.28     (a)        Report on bid and award the purchase of one fire technician van to The Mattman Company (San Marcos, CA) at a total cost of $158,818.87, including tax, and authorization for the Director of General Services to execute the purchase order for the:

                        (1)        Immediate purchase of one fire technician van; and

                        (2)        Subsequent purchase(s) of additional units at the same bid price without further Council action other than the appropriation of necessary funds, for a maximum period of twelve months from the date of Council approval.

            (b)        Adoption of the following appropriation ordinance amendments in the Fire Construction and Conveyance Tax Fund:

                        (1)        Increase the SCBA Technician Service Vehicle Project by $9,000.

                        (2)        Decrease the Ending Fund Balance by $9,000.

            CEQA:  Not a Project. (General Services/City Manager’s Office)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, and Budget Director Larry D. Lisenbee, dated June 6, 2003, recommending (a) award of said purchase to The Mattman Company and to authorize the Director of General Services to execute the purchase order, and (b) adoption of said appropriation ordinance amendments in the Fire construction and Conveyance Tax Fund.

 

            Discussion/Action: Council Member Campos moved approval of Staff recommendation dated June 6, 2003 for immediate purchase of (a)(1), one fire technician van and (b)(1) & (2) increasing the SCBA technician service vehicle project, and decreasing the ending fund balance with the following modification: before Council moves forward items 2.28(b)(1) & (2) return to the Making Government Work Better Committee to provide a report prior to purchase of additional vehicles. Council Member Chavez seconded the motion. General Services Deputy Director Anna Jatczak explained the language allows the City to purchase additional pieces of equipment at that same price, but Staff is requesting the purchase of one vehicle at this time. On a call for the question, the motion carried unanimously, and Ordinance No. 26941, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Fire Construction and Conveyance Tax Fund for the SCBA Technician Service Vehicle Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted, with direction that items 2.28 (b)(1) & (2) return to Making Government Work Better Committee, and that Staff provide a report prior to purchase of additional vehicles. Vote: 11-0-0-0.

 

2.29     (a)        Report on RFQ and approval to reject all quotes on Jetbridge and Baggage Conveyor Maintenance.

            (b)        Adoption of a resolution authorizing the Director of General Services to execute an amendment to the agreement with Airport Group International (Glendale, CA), to pay for services for four months for a total compensation not to exceed $200,000, so that the services can be brought in house.

            CEQA: Resolution Nos. 67380 and 71451, PP03-02-050. (General Services)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated June 17, 2003, recommending approval to reject all quotes on Jetbridge and Baggage Conveyor Maintenance, and adoption of said resolution authorizing the Director of General Services to execute an amendment to said agreement with Airport Group International.

 

            Discussion/Action: The report on the Request For Qualifications, and approval to reject all quotes on Jetbridge and Babbage Conveyor Maintenance was approved, and Resolution No. 71657, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute an Amendment to the Agreement with Airport Group International”, was adopted. Vote: 11-0-0-0.

 

2.30     Report on Request for Proposal (RFP) and adoption of a resolution authorizing the Director of General Services to:

            (a)        Execute a one-year agreement with Full Service Maintenance, Inc. d.b.a. Universal Maintenance (Campbell, CA) for the maintenance of the Transit Mall for the period July 1, 2003 to June 30, 2004, with a total first year compensation not to exceed $528,120 including tax; and

            (b)        Execute four one-year options to renew without further City Council action other than the appropriation of necessary funding. CEQA: Not a Project.

            (General Services)

 

            Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated June 2, 2003, recommending adoption of said resolution.