SAN JOSÉ, CALIFORNIA TUESDAY,
FEBRUARY 11, 2003
The Council of the City of San José convened in Regular Session at 1:37 p.m. in Council Chambers at City Hall. The regularly scheduled Closed Session at 9:30 a.m. was cancelled.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
Invocation
The Fourth through Sixth grade members of the Oakridge Elementary School
Student Council read a poem entitled “Why We Like to Live in California”, and
sang a song entitled, “California is Her Name” by Lisa Atkinson. (District 2)
Pledge of Allegiance
Mayor Gonzales led the Pledge of Allegiance.
Orders of the Day
Upon motion by Vice Mayor Dando,
seconded by Council Member Chavez, and unanimously carried, Orders of the Day,
and the Amended Agenda were approved.
Vote: 10-0-1-0. Absent: Cortese.
Mayor Gonzales called for public
testimony. Ross Signorino spoke of the former Mayor Al Ruffo.
CONSENT CALENDAR
Upon motion by Vice Mayor Dando,
seconded by Council Member Chavez and unanimously carried, the Consent Calendar was approved, and the
below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: Cortese.
2.3 Report on bids and award of contract for the River Glen Park Restroom Building Project to the low bidder, and approval of a five percent contingency. CEQA: Exempt, PP02-12-365. Council District 6. (Public Works)
(Deferred from
1/28/03 – Item 2.7)
Documents Filed: Memorandum from Director of Public Works
Katy Allen, dated January 8, 2003, recommending award of said contract, with
related contingency, to the low bidder.
Discussion/Action: Council Member Yeager asked why this bid process has taken so long, since the original bid went out in December, and stated if there are problems with the contractor or subcontractor, is the City being too lenient. Director of Public Works Katy Allen explained that bids were opened on this project on January 16 and it has taken a month to get on the agenda to defer or reject all bids. Regarding the issue of leniency, she stated Staff simultaneously bids some projects while working on others, and if they discover that a product, as in this case, a modular restroom, does not have ADA compliance, they withhold reimbursement to the contractor for that work so he can make corrections. She stated when this bid was opened in January, Staff intended this contractor would make good on projects he already built, and since that did not happen, Staff is requesting rejection of this bid in order to come back to Council with a new project that does not allow for modular facilities. She stated Staff’s goal is to make the appropriate corrections so this project is built in compliance with ADA regulations. Council Member Yeager stated it is ultimately the contractor’s responsibility to make sure that delivery by their subcontractor or vendor meets the specifications that are in the contract. Director Allen stated this particular vendor has not been responsive to the modifications of the modular facilities delivered on site, and there were eight current projects from this vendor that were awaiting modifications. Council Member Yeager questioned if it was possible to avoid this from happening in the future, and Director Allen replied that when this modular facility was approved, it was with the understanding that the contractor would be compliant with ADA design regulations, and in these particular cases, this vendor has been non-responsive in the efforts to have those modifications done, and recourse was to withhold payments to the contractors for these projects until the work was finished. In response to Council Yeager’s question as to whether this contractor will be able to bid on the new project, Director Allen stated the contractor may bid if he is pre-qualified; however, the new project will not accept modular facilities, so although the contractor may bid, the vendor that supplied him with modular facilities will not be an approved supplier.
Council Member Chavez asked when
Staff would be developing a pre-qualification process for the restrooms.
Director Allen replied Staff has already begun a pre-qualification strategy on
the modular facilities, and regarding future restrooms; a pre-qualification
process would be in place to determine whether or not a vendor would accept
modular facilities, and Staff’s intention is to prevent this situation from
arising again on these particular projects. Regarding pre-qualification on
other projects of smaller dollar value, she stated there is an extensive
process, which is more difficult on smaller projects, and larger projects
usually produce bidders that are more qualified, but Staff could review that
issue with the City Attorney, and incorporate that element as needed. Director
Allen requested Council defer this issue to come back in March with a
recommendation to reject all bids. Responding to Council’s comments about this
project coming back to Council for rejection of bids earlier than March in
order to move it forward, City Attorney Doyle advised that Council cannot
reject bids today since the item on the agenda is a report on bids, however the
item can be deferred and come back as early as next week with a recommendation
to reject all bids. He advised taking this item to the Rules Committee to
placed on next week’s agenda as a rejection of bids. City Attorney Doyle stated
there have been other problems with contractors and subcontractors and he is
concerned about the delays, that the City has a debarment process, a
responsibility hearing process, and a pre-qualification process and his office
is working with Staff to determine the best way to approach these issues, By unanimous consent, Staff was directed to
bring the item to Rules Committee on February 12, 2002, to be placed on the
February 18, 2002 agenda, for rejection of bids, and Staff to continue to
develop a pre-qualification process to ensure ADA compliance on modular
facilities. Vote: 11-0-0-0.
2.4 Report on bids and award of contract for the Ramblewood Park Play Area Renovation and Restroom Project to the low bidder, and approval of a five percent contingency. CEQA: Exempt, PP02-12-392. Council District 7. (Public Works)
(Deferred from 1/28/03 – Item 2.8)
Documents Filed: None filed.
Discussion/Action: This item
was deferred to March 18, 2003.
2.5 Adoption of a resolution authorizing the City Manager to negotiate and execute a third amendment to the consultant agreement with Glover/Resnick & Associates, Inc., for additional construction administration services to support the Security System Upgrades Project at Norman Y. Mineta San José International Airport, increasing compensation by $20,000, from $214,544 to $234,544, and extending the agreement by three months to June 30, 2003. CEQA: Resolution No. 67380, PP 02-03-041. (Airport)
Documents Filed: Memorandum
from Director of Aviation Ralph G. Tonseth, dated January 22, 2003,
recommending approval of the third amendment to the said consultant agreement
with Glover/Resnick & Associates, Inc., increasing compensation by $20,000,
and extending the agreement to June 30, 2003.
Discussion/Action: Resolution
No. 71402, entitled: “A Resolution of the Council of the City of San José
Authorizing the City Manager to Negotiate and Execute a Third Amendment to the
Consultant Agreement with Glover/Resnick & Associates, Inc. for Additional
Construction Administration Services for the Norman Y. Mineta San José
International Airport, Increasing the Compensation by $20,000 and Extending the
Term to June 30, 2003”, was adopted. Vote: 10-0-1-0. Absent: Cortese.
2.6 Approval of an ordinance amending Section 3.28.030.11 of Chapter 3.28 of the San José Municipal Code to revise the provisions relating to the cap on final compensation in the Federated City Employee’s’ Retirement System. CEQA: Exempt, PP03-01-025. (Board of Administration Federated City Employees’ Retirement System)
Documents Filed: Memorandum
from Secretary of the Boards of Administration Edward F. Overton, dated January
22, 2003, recommending approval of said ordinances.
Discussion/Action: Ordinance
No. 26828, entitled: “An Ordinance of the City of San José Amending Section
3.28.030.11 of Chapter 3.28 of Title 3 of the San José Municipal Code to Revise
the Cap on Final Compensation in the Federated City Employees Retirement
System”, was passed for publication. Vote: 10-0-1-0. Absent: Cortese.
(a) Approval of an ordinance amending Chapter 3.36 of Title 3 of the San José Municipal Code by adding Section 3.36.490 to provide for the acceptance of plan-to-plan transfers from eligible deferred compensation plans to the Police and Fire Department Retirement Plan for the purpose of purchase of permissive service credit.
(b) Approval of an ordinance amending Chapter 3.28 of Title 3 of the San José Municipal Code by adding Section 3.28.280 to provide for the acceptance of plan-to-plan transfers from eligible deferred compensation plans to the Federated City Employees Retirement System for the purpose of purchase of permissive service credit.
CEQA: Exempt, PP03-01-027. (Boards of Administration Federated City Employees’ Retirement System and Police & Fire Department Retirement Plan)
Documents
Filed: Memorandum from Secretary of the Boards of Administration Edward F.
Overton, dated January 22, 2003, recommending approval of said ordinances.
Discussion/Action:
Ordinance No. 26829, entitled: “An Ordinance of the City of San José Amending
Chapter 3.36 of Title 3 of the San José Municipal Code to Provide for the
Acceptance of Plan-To-Plan Transfers from Eligible Deferred Compensation Plans
to the Police and Fire Department Retirement Plan for the Purpose of Purchase
of Permissive Service Credit”, and Ordinance No. 26830 entitled: “An Ordinance
of the City of San José Amending Chapter 3.28 of Title 3 of the San José
Municipal Code to Provide for the Acceptance of Plan-To-Plan Transfers from Eligible
Deferred Compensation Plans to the Federated City Employees Retirement System
for the Purpose of Purchase of Permissive Service Credit”, were passed for
publication. Vote: 10-0-1-0. Absent: Cortese.
2.8 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with artist Joe Saxe to fabricate and install an artwork at the Berryessa Branch Library, in an amount not to exceed $140,097. CEQA: Exempt, PP02-11-319. Council District 4. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Acting Director
Conventions, Arts and Entertainment Jim McBride, dated January 22, 2003,
recommending adoption of said resolution.
Discussion/Action: Resolution No. 71403, entitled: “A
Resolution of the Council of the City of San José Authorizing the City Manager
to Negotiate and Execute an Agreement with Joe Saxe for a Work of Art for the
Berryessa Branch Library in an Amount Not To Exceed $140,097”, was adopted.
Vote: 10-0-1-0. Absent: Cortese.
2.9 Approval of an ordinance to amend Chapter 2.08 of Title 2 of the San José Municipal Code to repeal Part 25 and add a new Part 43 to change the name of the Commission on Disadvantaged Business Development to the Small Business Development Commission. CEQA: Exempt, PP03-01-026. (Economic Development)
Documents Filed: Memorandum from Director of Office of
Economic Development Paul Krutko, dated January 22, 2003, recommending approval
of said ordinance.
Discussion/Action: Council Member Reed stated, in addition to
the change of the name the Commission requested, he requested the addition be
included under Item A-4 to the “Functions, Powers & Duties” that reflects
Ordinance No. 26831, the City’s progress in increasing participation by small
businesses and City contracts. Ordinance No. 26831, entitled: “An Ordinance of
the City of San José Amending Chapter 2.08 of Title 2 of the San José Municipal
Code to Repeal Part 25 and Add a New Part 43 to Reflect a Change in the Name of
the Commission on Disadvantaged Business Development to the Small Business
Development Commission”, was passed for publication. Vote: 11-0-0-0.
2.10 Approval of actions related to the Zone 1 fire protection agreement.
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute the Ninth Amendment to the Zone 1 fire protection agreement with the Santa Clara County Central Fire Protection District (Central Fire), extending the term of the agreement until June 30, 2003.
(b) Direct the Fire Department to negotiate a new agreement and submit the agreement for Council approval by June 30, 2003.
CEQA: Not a Project. (Fire)
Documents Filed: Memorandum from the Acting Fire Chief Dale
Foster of the San José Fire Department, dated January 24, 2003, recommending
adoption of said resolution.
Discussion/Action: Resolution No. 71404, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with the Ninth Amendment to the Zone 1 Fire Protection Agreement with the Santa Clara County Central Fire Protection District, Extending the Term of the Agreement until June 30, 2003, and Directing the Fire Department to Negotiate a New Agreement and Submit the Agreement for Council Approval by June 30, 2003”, was adopted. Vote: 10-0-1-0. Absent: Cortese.
2.11 Adoption of a resolution initiating proceedings and setting February 25, 2003 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Monterey Park No. 104 which involves the annexation to the City of San José of approximately 85.8 acres of land, located on the south side of Curtner Avenue approximately 700 feet easterly of Highway 87, and the detachment of the property from the relevant special districts, including Central Fire Protection and the County Library Service Area. CEQA: Negative Declaration, PDC02-042. Council District 7. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum
from Director of Planning, Building and Code Enforcement Stephen M. Haase,
dated January 22, 2003, recommending adoption of said resolution.
Discussion/Action: Resolution No. 71405, entitled: “A Resolution of the Council of the City of San José Initiating Reorganization Proceedings for the Annexation and Detachment of Certain Uninhabited Territory Designated as Monterey Park No. 104, Described Herein, and Setting the Date, Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Cortese.
2.12 Adoption of a resolution accepting an award for an Office of Criminal Justice Program, Internet Crimes Against Children (ICAC) Task Force Grant in the amount of $299,491 and adoption of related appropriation ordinance and funding sources resolution amendments in the General Fund for expenses related to the grant. CEQA: Not a Project. (Police/City Manager’s Office)
Documents Filed: Memorandum
from Budget Director Larry Lisenbee, and Chief of Police William M. Lansdowne,
dated January 27, 2003, recommending adoption of said resolutions, related
appropriation ordinance, and funding sources resolution amendments.
Discussion/Action: Vice
Member Dando commended Chief of Police William M. Lansdowne and the City of San
José Police Department for their excellent achievements in the fight for
internet crimes against children, and stated the Police Department is one of
the finest in the country, and the program they have developed on internet
awareness, especially as it relates to crimes against children, is known across
the country, and one of the first of its kind. She stated this Task Force has
spoken to homeowner’s associations, schools, churches, and it is immeasurable
how many children they have proactively provided protection for. She mentioned
that the Police Department’s Child Exportation Unit provided the guidance for
the National Center for Missing and Exploited Children. Ordinance No. 26832,
entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to
Appropriate Monies in the General Fund for the Police Department; and Providing
that this Ordinance Shall Become Effective Immediately Upon Adoption”, and
Resolution No. 71406, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Accept a Grant From the United States
Department of Justice in an Amount Not To Exceed $299,491 to be used for the
Internet
Crimes Against Children (ICAC) Task
Force and to Execute all Related Documents”, and Resolution No. 71407,
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 General Fund”, were adopted.
Vote: 11-0-0-0.
2.13 Adoption of a resolution authorizing the Director of Public Works to execute a deed acceptance form on behalf of the City for a 4,202 square foot portion of property at the southwest corner of King Road and Schulte Drive, owned by the Santa Clara Valley Water District. CEQA: Negative Declaration, PP02-03-040. Council District 3. SNI: Five Wounds/Brookwood Terrace. (Public Works)
Documents Filed: Memorandum
from Director of Public Works Katy Allen, dated January 22, 2003, recommending
adoption of said resolution.
Discussion/Action: Resolution No. 71408, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Donation of a 4,202 Square Foot Portion of Property at the Southwest Corner of King Road and Schulte Drive Owned by the Santa Clara Valley Water District”, was adopted. Vote: 10-0-1-0. Absent: Cortese.
2.14 Adoption of a
resolution of intention to vacate a portion of the east side of Eighth Street,
between Hedding and Mission Streets and setting a public hearing on March 4,
2003 at 1:30 p.m. CEQA: Negative Declaration, PDC97-08-056. Council
District 3. SNI: NA. (Public Works)
Documents Filed: Memorandum
from Director of Public Works Katy Allen, dated January 22, 2003, recommending
adoption of said resolution.
Discussion/Action: Resolution
No. 71409, entitled: “A Resolution of the Council of the City of San José Setting
a Public Hearing to Consider Whether to Vacate a Portion of Eighth Street,
Between Hedding and Mission Streets”, was adopted. Vote: 10-0-1-0. Absent:
Cortese.
2.15 Report on bids and
award of contract for the San Tomas Aquino Trunk Rehabilitation Phase II
Project to the low bidder, Gelco Services, Inc., in the amount of $275,105.30,
and approval of a contingency in the amount of $27,500. CEQA: Exempt, PP02-04-065. Council District 6. SNI: NA.
(Public Works)
Documents Filed: Memorandum from Director of Public Works
Katy Allen, dated January 22, 2003, recommending award of said contract, with
related contingency, to the low bidder, Gelco Services, Inc.
Discussion/Action: The award of said contract, with related
contingency, to the low bidder, Gelco, Services, Inc., was approved and its
execution authorized. Vote: 10-0-1-0. Absent: Cortese.
2.16 Approval of City Auditor Gerald Silva’s travel calendar through June 30, 2003. Funding: Non-Personal budget. (City Auditor)
(Deferred from 2/4/03 – Item 2.3)
Documents Filed: Memorandum
from City Auditor Gerald A. Silva, dated February 5, 2003, requesting approval
of his travel calendar through June 30, 2003.
Discussion/Action: Mayor Gonzales called for public testimony.
Ross Signorino spoke on the issue. The travel calendar for City Auditor Gerald
A. Silva, dated February 5, 2003 was approved. Vote: 10-0-1-0. Absent: Cortese.
2.17 Approval of six appointments to the Project Diversity Screening Committee. (Mayor)
(Rules Committee referral 2/5/03)
Documents Filed: Memorandum from Mayor Ron Gonzales, dated
February 7, 2003, recommending approval of the recommended individuals.
Discussion/Action: Council unanimously approved the following
six appointments to the Project Diversity Screening Committee. Mohammed
Chaudhry (District 6), Richard Patterson (District 1), Patricia Lamar (District
5), Madison Nguyen (District 7), Ike White (District 8), and Rebecca Hughes
(District 9). Vote: 11-0-0-0.
END OF CONSENT CALENDAR
STRATEGIC SUPPORT SERVICES
3.1 Report of the Study Session - May 23, and 24, 2002
Documents Filed: (1) Proposed
2002-03 Operating Budget dated May 23, 2002.
(2) Proposed 2002-03 Operating Budget dated May 24, 2002.
Discussion/Action:
Upon motion by Council Member Williams, and seconded by Vice Mayor Dando, and
unanimously carried, the Study Session Reports of May 23 and 24, 2002, were
approved. Vote: 11-0-0-0.
3.2 Report of the Rules Committee – January 29, 2003
Vice Mayor Dando, Chair
Documents
Filed: Rules Committee Report of January 29, 2003.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
(b) City Council
(1)
Review February 11,
2003 Draft Agenda
The
Committee deferred Council Member Reed’s request for development of a
disclosure of public records protocol for two weeks, at which time the City
Attorney was directed to return with an Information Memorandum restating the
facts given to the Committee today, and a timeline indicating when his final
document would be presented to Council. In addition, when the final document is
presented to Council, the City Attorney was directed to include a basic
comparative analysis of the Brown Act, the California Public Records Act, and
Council Member Reed’s recommendations. The Committee recommended approval of
the February 11, 2003 City Council agenda.
(2)
Add New Items to
February 4, 2003 Amended Agenda
The
Committee recommended three additions to the February 4, 2003 City Council
agenda.
(3)
Staff Reports
Outstanding. Attachment: Report from the City Manager dated January 28, 2003,
transmitting reports outstanding for February 4, 2003.
The Committee noted and filed the City Manager’s report listing one
staff report outstanding for the February 4, 2003 Council agenda.
(c) City Council Committees
None
filed.
(d)
Meeting Schedules
There
were none.
(e) The Public Record
There
was no Public Record filed.
(f) Boards, Commissions and Committees
(1) Project Diversity Screening Committee
The
Committee recommended deferring this item for one week.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee
There
were none.
(h) Administrative Reviews and Approval
(1) Report on workload assessment to adopt a
policy that would prohibit the City from entering into contracts with vendors
or contractors that do not provide equal benefits to domestic partner employees
This
item was deferred to the February 12, 2003 Rules Committee.
(i)
Oral communications
None
were presented.
(j)
Adjournment
The meeting was adjourned at 2:25 p.m.
Discussion/Action:
Upon motion by Vice Mayor Dando, seconded by Council Member Williams, and
unanimously carried, the Rules Committee Report and actions of January 29,
2003, were accepted, with Item 3.2 (h) (1) deferred to the February 12, 2003 Rules
Committee. Vote: 11-0-0-0.
3.4 (a) Approval of the 2002-2003 Mid-Year Budget Review.
(b) Adoption of related appropriation ordinance and funding sources resolution amendments for the 2002-2003 Mid-Year Budget Review.
CEQA: Not a Project. (City Manager’s Office)
Documents Filed: (1) Mid-Year
Budget Review dated January 2003 from the Office of the City Manager. (2)
Letter from a member of the public, dated February 11, 2003.
Discussion/Action: Mayor Gonzales introduced of Budget Director Larry Lisenbee, and who used overhead PowerPoint slides to present the 2002-2003 Mid-Year Budget Review. Council Member LeZotte referenced pages 14-15 of the report pertaining to the Bailey Avenue Improvement Project, which was removed from the budget along with the funding, because it was not proceeding. Deputy Director of Transportation Planning Hans Larsen explained that the project initially was to be funded by the City with revenues from the development community. However, when the economic situation for Coyote Valley changed, he stated the City moved to an approach where the project is led by the VTA and the City and developer funding taken out, with the exception of a $5 million contribution by the City, which will be reimbursed by the development community when the Coyote Valley is developed. Responding to Council Member LeZotte’s concerns about control of the funds, he stated the funding is monitored by a partnership between the VTA, Caltrans and the City, the Departments of Transportation and Public Works, through a cooperating agreement with the VTA, Caltrans and the development community which specifies the responsibility for and use of those funds. Council Member LeZotte requested Staff ensure the funds are reserved for the Bailey Avenue project with a process that requires the City to sign off on any use of the funds. Council Member LeZotte asked about the increase of $36 million on Page 15, pertaining to the Civic Center and how it relates to the parking line item. Director of Budget Office Larry Lisenbee replied he would deliver that information shortly.
Council
Member Cortese asked for clarification, on Page 17 of Capital Budget Revenues,
the distinction between the first and the last bullet points regarding
Construction and Conveyance (C&C) taxes. Director Lisenbee replied the
construction related taxes referred to the Construction Excise tax and the
Building Constructor’s Construction tax, which are the two main taxing sources
that underlay the Traffic Application Program. Council Member Cortese requested
detailed information on both C&C and construction related taxes in terms of
the potential for revenue enhancement. Director Lisenbee replied that a Five
Year Forecast for the General Fund, and the major construction taxes, including
further information from the Planning and Building Department on construction
related projects in the pipeline would be available in a few weeks. Council
Member Cortese requested Staff include a list of the tax exemptions, which have
been authorized by the Council.
Referencing Page 17, Capital Program Adjustments for
the street maintenance, bullet number four, Council Member Yeager asked for an
explanation of the $1.5 million State-supported allocation for street
maintenance that was to be placed in reserve, based on the Governor’s proposal
to eliminate the funding for the Traffic Congestion Relief Program (TRCP).
Deputy Director of Transportation Planning Hans Larsen replied the City had
anticipated receiving $2 million from the State in 2003 for the ongoing TCRP,
that first quarter revenues were received in the amount of $500,000, but since
Governor Davis’ budget direction was announced, the City does not anticipate
receiving the balance of $1.5 million, and any contractual work that had been
planned was cancelled because of lack of revenue. Council Member Yeager
requested a copy of the street maintenance projects that were to be
accomplished with the State allocated $1.5 million, now being held in reserve
status. Council Member Yeager asked for clarification of the transference of
funding from Non-Personal/Equipment to Personal Services referenced under
Section III on Page 17, pertaining to work to be contracted out and now to be
done by City employees, and asked, in light of the drastic cuts needed, if
Staff had considered other services which could be brought back in-house or
would the Council need to give Staff that type of policy direction. City
Manager Del Borgsdorf responded that Council action on February 3, 2002 gave
direction both ways; in one instance, recommending using City employees for
services currently being contracted out, and also suggesting where contracts
are available at lower costs, consistent with the City’s competition policy,
consider contracting services out. In this particular case, he stated the Department
of Transportation has an opportunity to bring in-house work that had been
contracted out, and noted the Administration uses whichever approach is best
while investigating opportunities to save money and keep the work force
employed. Referencing Page 19, Section
III, pertaining to the Route 880/Coleman Interchange upgrade, Council Member
Yeager inquired about the availability of State funding, and Budget Director
Lisenbee explained that State budget-related issues are unresolved. Director of
Transportation James Helmer stated the City is working with the Valley
Transportation Authority to begin construction by proceeding with the utility
replacement phase of the project, which will greatly improve the City’s ability
to obtain State Improvement Project funding from Federal funds, with a
completion goal of December 2005.
Council Member Gregory expressed concern about the amount of money being tied up in the Senior Staff Home Loan Assistance Program during the current budget crisis and asked the feasibility of the City being the guarantee of loans for Senior Staff employees instead of the lender, such as the small business loans for which the Office of Economic Development (OED) is guarantor. City Manager Borgsdorf stated Staff has debated this issue, however, noted that the loan program is not an expenditure but an income-producing asset with interest rates comparable to or in excess of that earned by the City. City Attorney Doyle advised that the OED program is based on a Special Fund, and the City is constrained from being a guarantor with the General Fund by a State Constitutional Debt Limitation which limits the ability of the City to extend its credit without voter approval; however, an appropriation could be put into a Special Fund established for that purpose. Council Member Gregory referred to Page 9 under the General Fund Adjustment Recommendations, pertaining to the appropriation for kennels and case work for the animal shelter and asked if Staff was being diligent in making sure all opportunities had been investigated to reduce this cost, and still provide the service and the facility needed. Director of Parks, Recreation and Neighborhood Services Sara L. Hensley replied this was the third try at reducing the amount needed for the cages and supplies for the kennel, and Staff would continue to check every opportunity.
Council Member Campos, in regard to the Traffic Congestion Relief
program, asked for a matrix that would include a time line, along with the
traffic signal budget, which traffic signals were qualified and which were not.
Director of Budget Office Larry Lisenbee replied the time line will be included
in the Traffic Capital Report the City Manager’s Staff is preparing.
Council Member Dando stated she wanted to better understand the way the City would be using funds obtained from grants or private investments as to which projects will continue. City Manager Del Borgsdorf replied that Staff is adding consideration of available grant funding to the criteria for capital projects brought back to Council, as part of the assessment for which projects are considered for deferral. Council Member Dando referred to Section I, Page 28 on the Fire Department, and asked what was the strategy to fill the twenty three paramedic positions the City needed. City Manager Borgsdorf replied that Staff is developing a report to be brought to the first meeting of Making Government Work Better Committee. Responding to her question relative to the minimal amount of details pertaining to the Neighborhood Security Act, approved by voters in Measure O and referenced on Pages 6 and 9 in Section II, Director Borgsdorf stated Staff will provide in a quarterly report a more detailed capital project schedule with current expected completion dates which will be available in several weeks. Council Member Dando suggested Staff consider conducting workshops on the voter-approved projects to enable Council to more fully explore how they are living up to the commitment made to the voters.
Referencing Page 22 of Section III, the Traffic Congestion Relief program, Council Member Reed expressed concern about reducing the minimum level of funding considered necessary to keep street maintenance funding from falling behind, noting that deferred maintenance becomes more costly over time due to the greater street deterioration. Director of Transportation James R. Helmer stated Staff will make every effort to backfill those funds wherever possible.
Mayor Gonzales called for public
testimony. Ross Signorino spoke on the issue. Upon motion by Council Member
Gregory, seconded by Council Member Yeager and unanimously carried, Ordinance
No. 26833 and Resolution No. 71410, 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
General Fund and Various Special and Capital Funds”, were adopted, with
direction to Staff to provide: (1) An explanation of increase of the Civic
Center parking line item on page 15; (2) A breakdown on the source of both
Construction related and Construction and Conveyance (C&C) taxes, including
a list of Council-approved exemptions; (3) A list of street maintenance
projects delayed because of State-supported funds placed on reserve status,
and. Vote: 10-0-1-0. Absent: Dando.
3.6 Appointment of a member of the Civil Service Commission to the Federated City Employees’ Retirement System Board of Administration for a term expiring December 1, 2006. (Civil Service Commission)
(Rules Committee referral 2/5/03)
Documents Filed: Letter from
Chair for the Civil Service Commission Bill Brill, dated February 7, 2003,
recommending appointment of Commission Member Dave Busse to the Federated City
Employees’ Retirement System Board of Administration for a term ending December
1, 2006.
Discussion/Action: Upon
motion by Council Member Williams, seconded by Council Member Cortese and
unanimously carried, Civil Service Commissioner Dave Busse was appointed to the
Federated City Employees’ Retirement System Board of Administration for a term
ending December 1, 2006. Vote: 9-0-2-0. Absent: Dando, Reed.
3.7 Approval of a continuation agreement providing a six-month extension to June 30, 2003 of the existing agreement, at no additional cost, with Miller & Van Eaton for consulting services associated with the renewal of the cable franchise agreement. CEQA: Not a Project. (City Manager's Office)
(Rules Committee referral 2/5/03)
Documents Filed: Memorandum from Mark Linder, Assistant City
Manager, dated February 10, 2003, recommending approval of said continuation
agreement, with Miller & Van Eaton for consulting services associated with
the renewal of the cable franchise agreement
Discussion/Action: Mayor Gonzales called for public testimony.
William Garbett spoke in opposition of the issue. Upon motion by Vice Mayor
Dando, seconded by Council Member Cortese and unanimously carried, the award of
the said continuation consulting services agreement with an extension to June
30, 2003, at no additional cost, with Miller & Van Eaton associated with
the renewal of the cable franchise agreement, was approved and execution of the
agreement authorized. Vote: 10-0-1-0. Absent: Reed.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.3 Adoption of a resolution:
(a) Rescinding the current Council Policy 9-3 prohibiting the installation of community identification signs other than those of a historical nature; and
(b) Adopting a replacement policy based on the proposed guidelines and criteria for allowing community identification signs and architectural/gateway monuments within the public right-of-ways outside the Greater Downtown Area.
(Planning, Building and Code Enforcement)
[Economic Development & Environment Committee referral 12/2/02 – Item 4.1(b)]
(Deferred from 12/17/03
– Item 4.6 et al., and 1/28/03 – Item 4.4)
Documents Filed: None.
Discussion/Action: This item
was deferred to February 25, 2003.
RECREATION & CULTURAL SERVICES
5.2 Report on bids and award of contract for the Biebrach Park Play Area Renovation and Restroom Replacement to the low bidder, and approval of a nine percent contingency. CEQA: Exempt, PP02-09-259. Council District 3. SNI: Gardner. (Public Works)
(Deferred from 1/14/03 – Item 5.3 and 1/28/03 – Item 5.2)
Documents Filed: None.
Discussion/Action: This item
was deferred to March 11, 2003.
5.3 Report on bids and
award of contract for the Rainbow Park Play Area Renovation and Restroom
Project to the low bidder, JFC Construction, Inc., in the amount of $427,408, and
approval of a contingency in the amount of $21,500. CEQA: Exempt, PP02-12-391. Council District 1. SNI: NA.
(Public Works)
Documents Filed: Memoranda
from Director of Public Works Katy Allen, dated
January 22, 2003, and February 4, 2003, recommending award of said contract,
with related contingency, for the Rainbow Park Play Area Renovation and
Restroom Project to the low bidder, JFC Construction, Inc.
Discussion/Action: Upon
motion by Council Member LeZotte, and seconded by Vice Mayor Dando, and unanimously
carried, the award of said contract, with related contingency, for the Rainbow
Park Play Area Renovation and Restroom Project to the low bidder, JFC
Construction, Inc., was approved and execution of the agreement authorized.
Vote: 11-0-0-0.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Approval of a continuation agreement with Brown and Caldwell for consultant services for engineering and technical support at the San Jose/Santa Clara Water Pollution Control Plant, extending the term of the agreement from January 1, 2003 to December 31, 2004, at no additional cost to the City. CEQA: Not a Project. (Environmental Services)
(Deferred from 1/28/03 – Item 7.1)
Documents Filed: (1) Memorandum from Director, Environmental Services Carl W. Mosher, dated January 8, 2003, recommending approval of said second continuation agreement with Brown and Caldwell for consultant services and technical support at the San Jose/Santa Clara Water Pollution Control Plant, extending the term of the agreement from January 1, 2003 to December 31, 2004, at no additional cost to the City. (2) Letter from the Treatment Plant Advisory Committee, dated January 9, 2003, stating concurrence with the Staff recommendation.
Discussion/Action: Mayor Gonzales called for public testimony. William Garbett spoke in opposition of the issue. Upon motion by Vice Mayor Dando, seconded by Council Member Chavez and unanimously carried, the second continuation agreement with Brown and Caldwell, extending the term of the agreement to December 31, 2004, at no additional cost to the City, was approved and execution of the agreement authorized. Vote: 11-0-0-0.
Open Forum
Ross Signorino spoke on
the issue of sport utility vehicles and pollution.
Lilyann Brannon, Kathryn Mathewson, and Yolanda Reynolds spoke in opposition of
the proposed development of the University of California Agricultural Research
Center Site.
3.5 Interview applicants to fill three unexpired terms on the Campaign Finance Review and Ethics Board. (City Clerk)
Documents Filed: Memorandum
from City Clerk Patricia L. O’Hearn, dated January 31, 2003, providing Council
with the procedures necessary to appoint candidates to the Campaign Finance
Review and Ethics Board.
Discussion/Action: Council
interviewed the applicants, and on the first ballot, unanimously appointed Ms.
Regina L. Hillman, and Mr. Andrew Alexander Vu. On the third ballot Council
unanimously appointed Ms. Judith A. Recchio, and directed the City Clerk to
assign term ending dates by lot, one vacant term ending March 1, 2003, and two
unexpired terms ending March 1, 2005; that the nominee appointed to the vacant
term ending March 1, 2003, be appointed to the subsequent four year term ending
March 1, 2007; that one of the positions be filled by an attorney. Vote:
11-0-0-0.
Adjournment
The Council of the City of San José adjourned in memory of Al Ruffo, the former Mayor of San José.
The Council of the City of San José adjourned at 4:50 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK