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
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)
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)
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 2002-2003 Nos. 17, 18 and 19, and authorization for the Director of General Services to execute the purchase orders. (2) Letter from the Treatment Plant Advisory Committee, dated December 12, 2002, stating concurrence with the Staff recom-mendation.
Discussion/Action: The award of open purchase orders List Nos.
17, 18 and 19 for Fiscal Year 2002-2003 were approved and the Director of
General Services was authorized to execute the purchase orders. Vote: 11-0-0-0.
2.14 Approval of award for a sole source purchase of 210 flight assemblies for the dissolved air flotation (DAF) tanks to U.S. Filter/Envirex (Waukesha, WI) for the Department of Environmental Services, for a total cost of $225,051.75, including tax and delivery, and authorization for the Director of General Services to execute the purchase order. 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 for a sole source purchase to U.S Filter/Envirex. (2) Letter from the Treatment Plant Advisory Committee, dated December 12, 2002, stating concurrence with the Staff recommendation.
Discussion/Action: The award
for said sole source purchase to U.S Filter/Envirex pursuant to Subsection
4.12.020 of the San José Municipal Code, was approved and its execution
authorized. Vote: 11-0-0-0.
2.15 Approval of award for sole source purchase for the Department of Transportation, for equipment required to upgrade two garage parking revenue control systems to Federal Signal Corporation (Novi, Michigan), for a total cost of $116,921, including tax and installation, and authorization for the Director of General Services to execute the purchase order. 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 for sole source purchase to Federal Signal Corporation.
Discussion/Action: The award for said sole source purchase to Federal Signal Corporation pursuant to Subsection 4.12.020.D of the San José Municipal Code 4.12.020 was approved and its execution authorized. Vote: 11-0-0-0.
2.16 Adoption of a resolution authorizing the City Manager to:
(a) Negotiate and execute an agreement with Harman and Shaheen Polygraph Services, Inc. to administer polygraph services for the period October 1, 2002 to September 30, 2003, in an amount not to exceed $96,250; and
(b) Exercise up to four one-year options to extend the term of the agreement with Harm