SAN JOSÉ, CALIFORNIA TUESDAY,
MARCH 18, 2003
The Council of the City of San José convened in Regular Session at 9:30 a.m. in 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, the City Council recessed to Closed Session at 9:32 a.m. in Room 600 (A) to confer with Legal Counsel to discuss existing litigation pursuant to Government Code Section 54956.9 subsection (a) to consider the case of In re Comcast; and (B) to confer with Legal Counsel to discuss anticipated litigation (1) pursuant to Subsection (b) of the Government Code Section 54956.9 in one (1) matter involving significant exposure to litigation; and (2) pursuant to Subsection (c) of the Government Code Section 54956.9 in one (1) matter regarding the initiation of litigation; and (C) to confer with Legal Counsel to discuss threat to Public Services or Facilities in regard to consultation with the San José Police Department, Police Chief, and San José Fire Department, Fire Chief.
By unanimous consent, Council reconvened from Closed Session and recessed at 10:30 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
Invocation
Father Paps, principal of the Sacred Heart Nativity School,
spoke of the Feast of St. Joseph and led a prayer for peace. (District 3)
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, the Orders of the Day, and the Amended Agenda were approved. Vote: 11-0-0-0.
CONSENT CALENDAR
2.1 Approval of City Council Minutes for:
(a) Regular meeting of June 11, 2002
Documents
Filed: Minutes of the regular meeting of June 11, 2002.
Discussion/Action:
The minutes were approved. Vote: 11-0-0-0.
(b) San José Financing Authority meeting of June 11, 2002
Documents Filed:
Minutes of the San José Financing Authority meeting of June 11, 2002.
Discussion/Action:
The minutes were approved. Vote: 11-0-0-0.
(c) Joint City Council/Redevelopment Agency Board meeting of June 11, 2002
Documents Filed: Minutes of the Joint City Council/Redevelopment Board meeting of June
11, 2002.
Discussion/Action:
The minutes were approved. Vote: 11-0-0-0.
2.3 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 and 2/11/03 – Item 2.4)
Documents Filed: None.
Discussion/Action: This item
was deferred to April 8, 2003.
2.4 Approval of a second amendment to extend the concession agreement with American Airlines Employees Federal Credit Union to provide automated teller machine services at Norman Y. Mineta San José International Airport, for a term not to extend beyond March 31, 2007, with annual revenue to the City of $15,600. CEQA: Resolution No. 67380, PP02-12-373. (Airport)
Documents Filed: Memorandum from Director of Aviation Ralph
G. Tonseth, dated February 26, 2003, recommending approval of a second
amendment to said agreement with American Airlines Employees Federal Credit
Union.
Discussion/Action: The second amendment to extend the concession agreement with American Airlines Employees Federal Credit Union was approved, and the execution of the agreement was authorized. Vote: 11-0-0-0.
2.5 Approval of an ordinance amending Chapter 2.08 of Title 2 of the San José Municipal Code by adding Section 2.08.1070 to provide compensation for the Civil Service Commission Member and the Public Member of the Board of Administration for the Federated City Employees’ Retirement System. CEQA: Exempt, PP03-02-066. (Board of Administration/Federated City Employees’ Retirement System)
Documents Filed: Memorandum
from Boards of Administration Secretary Edward Overton, dated February 26,
2003, recommending approval of said ordinance.
Discussion/Action: Council Member Yeager asked for more information as to why the City is compensating the Board Members, and to what precedent it might lead to in the future. Director of Retirement Services Ed Overton replied this matter has been ongoing to obtain a small stipend to be paid to the non-employee or non-city related Board Members to cover minor expenses such as gas, and lunches, and mentioned that the City has been compensating the Police and Fire Retirement Board members for years. Director Overton stated that the Members of the Civil Service Commission and the Public Member of the Board of Administration are in charge of running the Federated Plan, and are required to attend monthly meetings, decide on issues of retirement, and Staff recommends that compensation is warranted because of the amount of time, the outside reading, the travel, all those issues need to be taken into consideration. Council Member Gregory asked what is the general criteria used to determine whether commissioners should be paid or not. Director Overton replied that the retirement board members will be compensated from the Federated City Employees Retirement system and it is not a General Fund expense. City Clerk O’Hearn stated currently in the commissions that are recruited from the City Clerk’s office, the Planning Commission and the Civil Service Commission each receive a monthly stipend of $250, both are charter commissions, and that has been in effect for some years with no set criteria. City Manager Del Borgsdorf commented that the City does have a Council referral in regard to the effectiveness of Boards and Commissions, and it might be appropriate since there is not a Council policy, for Staff to do a complete review of both the Boards and Commissions in terms of compensation, the standard practice and return the report back for Council consideration with regard to compensation.
Council Member LeZotte stated that as a 5-year member of the Federated Retirement System and a former Planning Commissioner, there is an extraordinary amount of reading, subcommittees, and outside education that members of those boards have to accomplish and fulfill in order to be valuable participants, and the City should use the stipend as a means of encouraging people to volunteer. Council Member Williams agreed with Council Member LeZotte, and stated the stipend is an incentive for private individuals to participate, and since the City reimburses the Police and Fire Retirement Boards, it would be consistent for the Federated Retirement Board to pay this expense also. Council Member Cortese stated he did not have a problem with the stipend, but was questioning how it would be implemented. He stated the memorandum indicates the $150 per month is paid as long as the board member does not have an unexcused absence at a regularly scheduled monthly Board meeting. Director Overton stated Staff recognizes the fact that the public members have jobs outside of City government, but there are attendance requirements, a board member cannot miss more than 20% of the meetings and remain on the Board. Council Member Yeager moved that this item be deferred until the Boards and Commission Report is received by Council. Council Member Chavez seconded the motion. Council Member LeZotte stated the only way she would support the motion is if the cycle was retroactive as of today. Mayor Gonzales called for Public testimony. Deborah Powell, AFSME Local 101 spoke on the issue. Mayor Gonzales stated he is against the motion to defer, and that this issue should be resolved today. He stated the money is coming from the Retirement Fund not the General Fund. On a call for the question, Council Member Yeager’s motion failed. Vote: 2-9-0-0. Noes: Campos, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams; Gonzales. Council Member Williams moved approval of the recommendation from the Retirement Board, with a Board and Commissions Report from Staff to follow, if needed. Council Member Chavez seconded the motion. On a call for the question, the motion carried, and the issue of compensation for Board and Commission members was approved, with the Board and Commissions Report due in 90 days, and Ordinance No. 26845, entitled: “An Ordinance of the City of San José Amending Chapter 2.08 of Title 2 of the San José Municipal Code by Adding Section 2.08.1065 to Provide Compensation for the Civil Service Commission Member and the Public Member of the Board of Administration for the Federated City Employees Retirement System”, was passed for publication. Vote: 10-1-0-0. Noes: Yeager.
2.6 Approval of an ordinance amending Chapter 3.28 of Title 3 of the San José Municipal Code by amending Section 3.28.1250 to update the Medical Examination Procedures for Disability Retirement Applications and by amending Section 3.28.1280 to clarify the calculation of Service-Connected Disability Retirement Allowances in the Federated City Employees’ Retirement System. CEQA: Exempt, PP03-02-67. (Board of Administration/Federated City Employees’ Retirement System)
Documents Filed: Memorandum
from Boards of Administration Secretary Edward Overton, dated February 26,
2003, recommending approval of said ordinance.
Discussion/Action: Ordinance
No. 26846, entitled: “An Ordinance of the City of San José Amending Chapter
3.28 of Title 3 of the San José Municipal Code by Amending Section 3.28.1250 to
Update the Medical Examination Procedures for Disability Retirement
Applications and By Amending Section 3.28.1280 to Clarify the Calculation of
Service-Connected Disability Retirement Allowance in the Federated City
Employees Retirement System”, was passed for publication. Vote: 11-0-0-0.
2.7 (a) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #27 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 #28 and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project. (General Services)
Documents Filed: (1) Memorandum from Director of General
Services Jose Obregon, dated February 26, 2003, recommending approval of open
purchase orders list #27, and authorization of the Director of General Services
to execute the purchase orders. (2) Memorandum from Director of General
Services Jose Obregon, dated February 26, 2003, recommending approval of open
purchase orders list #28, and authorization for the Director of General
Services to execute the purchase orders. (3) Letter from the Treatment Plant
Advisory Committee, dated March 13, 2003, stating concurrence with the Staff
recommendation.
Discussion/Action: The award of open purchase order list Nos. 27 and 28 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
2.8 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the Almaden Youth Association in an amount not to exceed $100,000, to engage qualified consultants to prepare and provide an Environmental Impact Report (EIR) related to a proposed sports field complex in the Almaden Valley Urban Reserve.
(b) Adoption of the following appropriation ordinance amendments in the Council District 10 Construction and Conveyance Tax Fund:
(1) Establish a McKean Road Sports Complex Project for $100,000.
(2) Decrease the Reserve: Park Acquisition and Development Project by $100,000.
CEQA: Not a Project. Council District 10. (Parks, Recreation and Neighborhood Services/City Manager’s Office)
Documents Filed:
Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L.
Hensley, and Director of Budget Office Larry D. Lisenbee, dated March 5, 2003,
recommending adoption of said grant agreement and said appropriation ordinance
amendment.
Discussion/Action:
Resolution No. 71439, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute a Grant Agreement
with the Almaden Youth Association to Engage Qualified Consultants to Prepare
and Provide an Environmental Impact Report Related to a Proposed Sports Field
Complex in the Almaden Valley Urban Reserve, in an amount not to exceed
$100,000” and, Ordinance No. 26847, entitled: “An Ordinance of the City of San
José Amending Ordinance No. 26674 to Appropriate Monies in the Council District
10 Construction and Conveyance Tax Fund for the Proposed Sports Field Complex
in Almaden Valley Urban Reserve; and Providing that this Ordinance Shall Become
Effective Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.
2.9 Adoption of a resolution initiating proceedings and setting April 1, 2003 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Monterey Park No. 106, which involves the annexation to the City of San José of 7.79 acres, located at the northeast corner of Highway 101 and Hellyer Avenue, and the detachment of the same from Central Fire Protection. CEQA: Exempt, Monterey Park No. 106. Council District 8. (Planning, Building and Code Enforcement)
Documents Filed: Memorandum from Director of Planning,
Building and Code Enforcement Stephen M. Haase, dated February 26, 2003,
recommending adoption of said resolution.
Discussion/Action: Resolution No. 71440, 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. 106 and Described Herein, and Setting the Date
and Place for Consideration of Such Reorganization”, was adopted. Vote:
11-0-0-0.
2.10 Adoption of a resolution to:
(a) Initiate proceedings to consider 128 Pierce Avenue as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.
(b) Set a public hearing on May 6, 2003 at 1:30 p.m.
(c) Refer the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report, and recommendation.
CEQA: Exempt, PP03-03-074. Council District 3. SNI: Market/Almaden. (Planning, Building and Code Enforcement)
Documents Filed: (1) Memorandum from San José Historic Landmarks Commission Secretary Stephen Haase, dated February 26, 2003, transmitting the recommendation of the Historic Landmarks Commission for adoption of said resolution. (2) Affidavit of Routing, executed on March 25, 2003, submitted by the City Clerk.
Discussion/Action: Resolution No. 71441, entitled: “A Resolution of the Council of the City of San José Initiating Proceedings on its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, to Designate the Residence Presently Located at 128 Pierce Avenue, as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Value”, was adopted. Vote: 11-0-0-0.
2.11 Approval of an agreement with Pacific Gas and Electric Company for conversion of overhead facilities to underground facilities within the In-Lieu Fee (Rule 20B) Underground Utility District at McLaughlin Avenue, in an amount not to exceed $186,429. CEQA: Exempt, PP98-01-025. Council District 7. SNI: Tully/Senter. (Public Works)
Documents Filed: Memorandum from Director of Public Works Katy Allen, dated February 26, 2003, recommending approval of said agreement with Pacific Gas and Electric Company.
Discussion/Action: The approval of the said agreement with Pacific Gas and Electric Company was approved and execution of the agreement was authorized. Vote: 11-0-0-0.
2.12 (a) Approval of a first amendment to the agreement with Gilbert Arnold Sanchez Architects, Inc. for architectural consultant services for the Emma Prusch Memorial Park-LeFevre Residence and Barn Project, extending the term from December 31, 2003 to March 24, 2004, and increasing the total compensation by $68,000, for a total agreement amount not to exceed $167,750. CEQA: Exempt, PP02-04-091. Council District 5. (Public Works)
(b) (1) Report
on bids and award of contract for the Prusch Park Perimeter Improvement Project
to the low bidder, HRB Construction, in the amount of $323,183, and approval of
a contingency in the amount of $16,500.
(2) Adoption of the following appropriation ordinance amendments in the Services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund):
(a) Increase the appropriation to the Department of Public Works for the Prusch Park Construction Project in the amount of $399,683.
(b) Increase the estimate for Earned Revenue by $399,683.
CEQA: Exempt, PP01-09-163. (Public Works/City Manager's Office)
Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated February 26, 2003, recommending approval of said first amendment to the agreement with Gilbert Arnold Sanchez Architects, Inc. (2) Memorandum from Director of Budget Office Larry D. Lisenbee and, Director of Public Works Katy Allen, dated February 26, 2003, recommending award of said contract, with related contingency, to the low bidder, HRB Construction, and adoption of the said appropriation ordinance amendments for Redevelopment Capital Projects Fund.
2.12 (Cont’d.)
Discussion/Action: The first amendment to the agreement for consulting services with Gilbert Arnold Sanchez Architects, Inc. was approved and execution of the agreement was authorized, and the award of the contract, with related contingency, to the low bidder, HRB Construction, was approved and execution of the agreement authorized, and Ordinance No. 26848, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Services for Redevelopment Capital Projects Fund for the Prusch Park Construction Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.
2.13 (a) Adoption of the following appropriation ordinance amendments in the Council District 3 Construction and Conveyance Tax fund (Fund 380):
(1) Increases the Watson Skate Park Project (Appn 4468) by $65,000, from $70,000 to $135,000.
(2) Decrease the Ending Fund Balance by $65,000.
(b) Approval of an agreement with Beals Alliance, Inc. for consultant services for the Watson and Plata Arroyo Skatepark Projects from the date of execution through December 31, 2004, in the amount of $189,000, and additional services in the amount of $20,000, for a total agreement amount of $209,000.
CEQA: Not a Project. Council Districts 3 and 5. SNI: 13th Street & Gateway East. (Public Works/City Manager's Office)
Documents Filed: Memorandum from Director of Public Works Katy Allen and Director of Budget Office Larry D. Lisenbee, dated February 26, 2003, recommending adoption of appropriation ordinance amendments in Council District 3 Construction and Conveyance Tax Fund, and approval of said agreement with Beals Alliance, Inc. for a total amount of $209.000.
Discussion/Action: The agreement with Beals Alliance, Inc. was approved and execution of the agreement was authorized, and Ordinance No. 26849, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Council District 3 Construction Tax and Property Conveyance Tax Fund for the Watson Skate Park Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.
2.14 (a) Approval of a contingency budget increase for the Evergreen Park Irrigation Renovation Project in the amount of $30,000, increasing the contingency budget to $35,000, and the project delivery budget to $128,000.
(b) Adoption of the following appropriation ordinance amendments in the Council District 8 Construction and Conveyance Tax Fund:
(1) Increase the Evergreen Park Irrigation Renovation Project by $30,000.
(2) Decrease the Ending Fund Balance by $30,000.
CEQA: Exempt,
PP02-07-198. Council District 8. (Public Works/City Manager’s Office)
Documents Filed: Memorandum from Director of Budget Office Larry D. Lisenbee and, Director of Public Works Katy Allen, dated February 26, 2003, recommending approval of said contingency budget increase for Evergreen Park Irrigation Renovation Project, and adoption of appropriation ordinance amendments in the Council District 8 Construction and Conveyance Tax Fund.
Discussion/Action:
This item was dropped from the agenda.
2.15 Approval to appoint Council Member Chuck Reed to the Guadalupe/West Valley Flood Control and Watershed Advisory Committee. (Mayor)
(Deferred from 3/11/03 – Item 2.10)
Documents Filed: Memorandum
from Mayor Gonzales, dated March 14, 2003, recommending approval of appointment
of Council Member Reed to the Guadalupe/West Valley Flood Control and Watershed
Advisory Committee.
Discussion/Action: The
appointment of Council Member Reed to the Guadalupe/West Valley Flood Control
and Watershed Advisory Committee was approved. Vote: 11-0-0-0.
2.16 Adoption of a resolution authorizing the City Manager to negotiate and execute a 10 year lease agreement for a combined Police Department Vehicle and Evidence Warehouse with Sun Garden Tenants In Common, for 99,819 square feet of warehouse space, located at 1582 Monterey Road. CEQA: Exempt, PP03-02-056. (General Services)
(Deferred from 3/4/03 – Item 2.4 and 3/11/03 – Item 2.14)
Documents Filed: (1)
Memoranda from Director of General Services Jose Obregon, dated February 18,
2003, and March 12, 2003, recommending adoption of said resolution.
Discussion/Action: Mayor
Gonzales called for public testimony. William Garbett spoke on the issue.
Resolution No. 71442, entitled: “A Resolution of the Council of the City of San
José Authorizing the City Manager to Negotiate and Execute a Ten Year Lease
Agreement for a Combined Police Department Vehicle and Evidence Warehouse”, was
adopted. Vote: 11-0-0-0.
2.17 Approval of an amendment to the Civil Service Rules (San José Municipal Code):
(a) That City Council approve the recommendation of the Civil Service Commission to amend the Civil Service Rules to allow adoption of the Rules that have been developed and used through the hiring pilot project.
(b) That City Council adopt an Urgency Ordinance amending Chapter 3.04 of Title 3 of the San José Municipal Code implementing new Civil Service hiring rules.
CEQA: Not a Project. (Employee Services)
(Rules Committee referral 3/12/03)
Documents Filed: Memorandum from Director Employee Services
Mark Danaj, dated March 10, 2003, recommending approval of said amendment to
the Civil Service Rules. (2) Memorandum from Civil Service Commission Chair
Bill Brill, dated March 11, 2003, recommending approval of permanent adoption
of the Civil Service hiring rules.
Discussion/Action: Ordinance No. 26850, entitled: “An Urgency
Ordinance of the City of San José Amending Parts 1 Through 8 of Chapter 3.04 of
Title 3 of the San José Municipal Code to Provide for New Civil Service Hiring
Rules to Apply to all City of San José Classified Civil Service Classifications
Except Public Safety Promotional Classifications and Setting Forth the Facts
Constituting Such Urgency”, was adopted. Vote: 11-0-0-0.
2.18 Approval of Council Member Nora Campos’ travel to Sacramento, California, from March 14-16, 2003, to attend the 2003 California Democratic Party Convention. Funding: Office Holder Account. (Campos)
(Rules Committee referral 3/12/03)
Documents Filed: Memorandum
from Council Member Campos, dated March 7, 2003, requesting approval to travel
to Sacramento, California to attend the 2003 California Democratic Party
Convention.
Discussion/Action: The
request for Council Member Campos to travel to Sacramento to attend the 2003
California Democratic Party Convention was approved. Vote: 11-0-0-0.
2.19 Approval of City Attorney Richard Doyle’s travel to Washington, D.C., from March 19-20, 2003, to participate in discussions with the FAA. Funding: Airport. (City Attorney’s Office)
(Rules Committee referral 3/12/03)
Documents
Filed: None.
Discussion/Action: The request for City Attorney Richard Doyle
to travel to Washington, DC to participate in discussions with the FAA was
approved. Vote: 11-0-0-0.
END OF CONSENT CALENDAR
STRATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – March 5, 2003
Vice Mayor Dando, Chair
Documents Filed: Rules
Committee Report of March 5, 2003.
(a) Redevelopment Agency items reported out
at Redevelopment Agency meeting
(b) City Council
(1) Review March 18, 2003 Draft Agenda
The
Committee recommended approval of the March 18, 2003 City Council agenda with
four additions.
(2)
Add New Items to March
11, 2003 Amended Agenda
There were
no changes to the March 11, 2003 City Council agenda.
(3) List of Reports Outstanding
The
Committee noted and filed the City Manager’s report listing four staff reports
outstanding for the March 11, 2003 Council agenda.
(c) Legislative Update
(1) State
Proposed
Housing Element Legislation. Attachment: Memorandum from Director of Planning,
Building and Code Enforcement Stephen M. Haase, and Intergovernmental Relations
Director Betsy Shotwell, dated February 27, 2003, recommending acceptance of
the City of San José pursuing proposed said legislative changes to the
California State Government code pertaining to Housing Element Law.
The
Committee recommended the City of San José pursue proposed legislative changes
to the California State Government code pertaining to Housing Element Law with
direction to staff to work closely with neighboring small cities. The Committee
also requested staff to return in thirty days with an update on AB 980
(Salinas), a bill to authorize self certification of local Housing Elements and
to make changes in the current Housing and Community Development (HCD) process.
(2) Federal - There was no report.
(d) Meeting Schedules
(1) Set hearing date for Public Hearing on
planned development rezoning of the property located at South Third and East
William Streets (continued from 2/18/03 – Council Item 11.2)
The Committee
recommended setting the evening of April 1, 2003 Public Hearing on planned
development rezoning of the property located at South Third and East William
Streets.
(2) Approve change to Council Meeting
Schedule. Attachment: Memorandum from City Manager Assistant Deanna Santana,
dated March 5, 2003, recommending approval of a change to the 2003-2004 City
and Redevelopment Agency Budget Calendar.
The Committee
recommended that the March 25, 2003 Public Hearing on the 2003-2004 Mayor’s
March Budget Message be held during the Council’s afternoon session. The
Committee also deleted this meeting date of April 9, 2003 from the Budget
Calendar.
(e) The Public Record. Attachment:
Memorandum from City Clerk Patricia L. O’Hearn, dated February 27, 2003,
transmitting (a) request to the Mayor and City Council from Robert Bailey,
Chair, Human Rights Commission regarding adoption of a resolution opposing the
proposed war in Iraq dated February 21, 2003, and transmitting (b) request from
the County Registrar of Voters to all City Clerks of Santa Clara County,
regarding voter registration as of February 10, 2003, for the period February
19-25, 2003.
The
Committee noted and filed the Public Record and stated it would hear public testimony
on Item (a) during Oral Communications.
(f) Boards, Commissions and Committees
There
were none.
(g) Council Referrals for Assignment to
Appropriate Committee, Administration, or Council Appointee.
(1) Direct staff to explore opportunities to
obtain funding to assist in purchasing portions of the BAREC property.
Attachment: Memorandum from Council Members Yeager and LeZotte, dated February
24, 2003, recommending Parks, Recreation and Neighborhood Services staff to
explore opportunities to obtain funding to assist in purchasing portion of the
BAREC property.
The
Committee directed Parks, Recreation and Neighborhood Services staff to work
with the City and County of Santa Clara to explore funding opportunities
including, but not limited to, submission of a joint application for a Land and
Water Conservation Fund Grant from the State of California to assist in
purchasing portions of the BAREC property, located in the City of Santa Clara,
to allow for continued agricultural/open space uses.
(2) Direction to refer to the appropriate
committee the issues regarding Community Identification Signs
The
Committee referred the issues arising from discussion of Community
Identification Signs (Item 4.3 on February 25, 2003 Council Agenda) to the
Planning Department with direction to report back to Council in 60 days.
(3)
Strengthening Boards
and Commissions. Attachment: Memorandum from Deputy City Manager Jim
Holgersson, dated March 5, 2003, requesting Rules Committee determine whether
staff should be assigned to absorb the workload based upon assessment of the
Boards and Commissions.
The
Committee directed staff to return to Rules Committee on March 19, 2003 with a
brief, “snapshot” workload assessment for the issues raised in the “Discussion
on Strengthening Boards and Commissions” which took placed during the February
26, 2003 Building Strong Neighborhood Committee meeting.
(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. Attachment: (1) Information on domestic partner benefits submitted
by Council Member Yeager, dated March 5, 2003. (2) Memorandum from Director of
Public Works Katy Allen, and Director of General Services Jose Obregon, dated
February 6, 2003, recommending Rules committee review workload assessment.
The
Committee directed staff to complete only Item #1 of the workload assessment: Research
current practices and access.
(2) Report on Council Referral Policy.
Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated February 28,
2003, responding to the Council Referral Policy with attachments.
The Committee directed the
City Attorney to return in a reasonable time with recommendations for
consistency and reconciliation among the Brown Act, the Council Referral
Policy, the Rules of Conduct, and also to include issues raised at Council
meetings and one-on-one Council Member/Senior Staff meetings.
(i) Oral communications
The
following people spoke in support of a request from the Human Rights Commission
recommending the City of San Jose adopt a resolution opposing the proposed war
in Iraq: Tim Flynn, Billie Wachter, Annette Amburn, Bob Serina, David Wunseh,
Socorro Reyes-McCord, Fred Hirsch, Darlene Wallach, Donna Wallach, Shahnawaz
Saigal, Maribel Martinez, Joe Cernac, Mary Bernier, Terek Jabali, Dennis Kyne,
Jr., Bobbi Coleman, and Mary Moran. With Chair Dando dissenting on the Council
meeting date, the Committee recommended placing on the March 18, 2003 Council
agenda the Human Rights Commission’s request for Council to approve a
resolution opposing the proposed war in Iraq.
(j) Adjournment -
The meeting adjourned at
3:30 p.m.
Discussion/Action: Upon
motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously
carried, the Rules Committee Report and actions of March 5, 2003, were
accepted. Vote: 11-0-0-0.
3.4 Discussion of the Human Rights Commission’s request for Council to approve a resolution opposing the proposed War in Iraq. (Human Rights Commission)
[Rules Committee referral 3/5/03 – Item 3.2(e)]
Documents Filed: (1)
Memorandum from Mayor Gonzales and Council Members Reed, Yeager, Cortese, and
Chavez, dated March 14, 2003, recommending: (a) Table the resolution proposed
by the Human Rights Commission in Agenda Item 3.4; (b) Endorse the peace
principles enumerated in this memorandum; (c) Encourage Council Members as
individuals and our community to engage in a dialogue about any additional
personal thoughts beyond these principles; (d) Authorize the Mayor to send a
letter to the President based on the principles and invite each Council Member
to cosign. (2) Letter from Human Rights Commission Chair Robert Bailey, dated
February 21, 2003, recommending adoption of said resolution opposing the
proposed war in Iraq. (3) Emails and letters from the public stating positions
in regard to the proposed war in Iraq. (4) Petition from Interfaith Peace
Coalition with approximately 2,000 signatures supporting the resolution
proposed by the San José Human Rights Commission against the war in Iraq.
Discussion/Action:
Mayor Gonzales stated the prospect of war has raised great concerns throughout
the world, across the nation, and in San José, and yesterday the nation heard
President Bush say that war may be eminent unless Saddam Hussein leaves Iraq by
March 19, 2003. He stated President Bush has moved from seeking diplomatic
solutions to issuing an ultimatum, but he is still hopeful that a peaceful
resolution to the threat of Saddam Hussein can be achieved, and recommended
several principals he believes can be supported as the nation moves closer to
war. Mayor Gonzales stated he has worked with the Council Members to prepare
these principles to emphasize unification rather than division, and this is
especially important as the men and women of the armed forces may soon face the
hazards of war, as the community prepares for the heightened levels of security
that may follow. He stated Council Member Reed’s daughter is on active duty in
Kuwait, and everyone’s thoughts and prayers are with him and his family hoping
for his daughter’s safe return home. He stated today is not about changing
minds, but sharing ideas and opinions, and supporting the men and women who
bravely serve the United States. He expressed desire for their safe and rapid
return home; concern about the prospect of war with Iraq and its impacts on the
residents of San José, the nation, the people of Iraq and the future for peace
in the world. He stated he believes war should always be the last resort after
the nation has done everything possible using diplomacy to achieve national
goals for peace, justice, freedom and stability in the world; and remain true
to America’s fundamental values of democracy, freedom and open societies, and
always be on the side of people who strive for those values in their own
countries. He stated to this end the nation should always endeavor to assist
the development of democracy and democratic institutions peacefully and in
partnership with the international community. He stated Council Member Reed
suggested an addition of a fifth principle about tolerance in the community,
and the City of San José’s intolerance of hate crimes, and to which he strongly
agreed. In these challenging times, he stated the community and nation must
embrace differences and focus on shared values, democracy, liberty, tolerance
and justice, and recognize and celebrate the contributions of all Americans
regardless of their faith, heritage, race or origin.
Vice Mayor Dando moved approval of
the memorandum from Mayor Gonzales and Council Members Reed, Yeager, Cortese
and Chavez, dated March 14, 2003. Council Member Chavez seconded the motion. Council
Member Reed asked to amend the motion with a fifth principle that states San
José is strong because of our diversity; we embrace our differences and focus
on the values we share; we recognize and celebrate the contribution of all the
people of San José regardless of their faith, heritage, race, appearance or
origin; we reaffirm today that hate crimes will not be tolerated in San José.
Vice Mayor Dando, and Council Member Chavez accepted the amendment.
Mayor Gonzales called for public testimony.
Speaking on the issue were Rolayne Stortz, Socorro McCord, San José Human
Rights Commission, Father Bill Leninger, The Interfaith Council and Diocese of
San José, Bobbi Coleman, Diane Soloman, Ellen Turner, Jeanine Jensen, Lucille
Moyer, David Wunsch, Sam Fouts, Catharine Fouts, Ted McElhone, Ross Signorino,
Darlene Wallach, Bob Serina, Dennis Kyne, Jr., Joshua Sperry, Terry Applegate,
Warner Bloomberg, Jr., Annette Amburn, Saint Martin of Tours Parish, Louise
Averhahn, South Bay Labor for Peace and Justice, Cameron Spitzer, Reverand
Lindi Ramsden, The Interfaith Council on Religion, Race, Economic and Social
Justice, Billie Wachter, Mary McDonald, Joe Cernac, Paula, Velsey, Connie
Hunter, Council of Churches, Tom Hunter, Navy Officers for Peace, Sandy Perry, Yolanda
Engiles, CHAM, Cathy Fararjeh, Elizabeth Avales, Diocese of San José, Rosemarie
Wunsch, Tim Flynn, Larry Sweeney, Ricardo Tonijillo, Annette Dow, Mary Bernier,
Patrick O’Connell, The First Unitarian Church of San José, Dan Hoffman, Fred
Griefer, Robert Zafran, Vietnam Veterans Association, Michael Wade, Ernest
Glave, Linda Rae Hermann, Chris Hermann, Bill Hughes, Cuong Le, Ky Ngo, Helen
Nguyen, and Hung Quoc Pham.
Vice Mayor Dando clarified that her motion calls for the resolution proposed by the Human Rights Commission to be tabled, and that Council endorse the peace principles as the Mayor outlined earlier, that the Council Members and the community are encouraged to continue to engage in debate and dialogue, that the Mayor be authorized to send a letter to President Bush based on the principles discussed earlier and invite the other Council Members to sign also, and the motion includes Council Member Reed’s amendment. She stated it has been very helpful to hear from the public regarding this very serious subject, and believes it is important this issue continues to be debated. She stated the reason speakers can come before this Council today is because people have fought for the freedom of the expression of speech years before this Council, that is why the people can organize and collect in public places, to express displeasure or support of government. She stated those who touched her most today, were those recent refuges from Viet Nam, who have experienced the atrocities and the terrorism far greater than Americans can imagine. She stated everyone has seen the pictures of Saddam Hussein and the tortuous things that he has done to his people, and Americans will never see that in this country because of democracy, a place where people can express different opinions, and points of view. She stated that right did not come without a great payment, freedom is not free, and the past generations who have fought for this country should not be forgotten. She stated she would close with a prayer for President Bush because of the responsibility he takes upon himself in the next 48 hours.
Council Member Reed stated he had been in the Viet Nam war over 30 years ago, and he knows that innocent Iraqis will be killed, many Americans will be killed, and both his daughter and son-in-law are in the Air Force waiting for orders. On this issue, he stated, he is with the government of the United States, and has spent considerable time over the last couple of weeks, reading, researching, and preparing for this meeting, and would like to share what he discovered. He stated he knew people have said the President has not made the case to the people, and suggested reading the full text of President Bush’s statement to the United Nations General Assembly last September 12, 2002, and the written background materials the President submitted at that time, the full text of Secretary Powell’s statement to the United Nations Security Council in February 2003, and for those who are skeptical of President Bush, he suggested reading the transcript of President Clinton’s speech at the Pentagon February 17, 1998. He suggested reading the text of the Joint Resolution passed by the 107th Congress last October 2002, the Joint Resolution passed by the 105th Congress in 1998 when Bill Clinton was President, the full text of the United Nation’s Council Resolution 1441 passed unanimously last November 8, 2002, and the full text of the written report of the Security Council by their Chief Inspector Hans Blix on January 27, 2003. He stated he has doubts about going to war because of concerns about the continued opposition of other countries in the world, but fundamentally the President and the Government of the United States are more likely to be acting in the best interests of the American people than are France, Russia or China. He stated United States Congress has twice concluded that the threat from Iraq is extremely serious and has authorized the President to use the armed forces of the United States as he determines to be necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by Iraq, and enforce all relevant United Nation’s Security Council Resolutions regarding Iraq. He concluded, that if President Bush decides the United States is going to war, he would have his support, even though it means that his children will be the first to go.
Council Member Yeager stated many of his friends have been speaking out on both sides of this issue, but particularly those who are against the war. He stated when he was a teenager, he was very active against the Viet Nam war, and he remembered how the words would sting that he and other people who were against the war were unpatriotic or un-American and not supporting the troops. He stated those same accusations are being heard again, but the United States is a great country, and differences of opinions can be voiced without meaning that Americans do not love this country, and are not in support of the troops. He stated he is honored that this discussion is at City Hall, an appropriate venue for people speak their minds on this issue. He stated he is supporting the motion, however, in regard to the third principal, he stated he believes the United States hasn’t used every means possible when it comes to diplomacy and he fears, as all of us do, that the price will be very high in human life because of it. He stated he would be very proud to sign a letter to the President from Mayor Gonzales, based upon the five principles.
Council Member Williams stated he is a veteran, and does not agree with the impending war, but at some point one must decide what to do in the best interests of his country. He stated he had met with Senator Diane Feinstein in Washington, D.C. last week, and asked her view about the Iraq situation, and she responded she is on the Intelligence Committee, and the case has not been proven yet, that decision rests with the Legislative and Presidential branch of the government. He stated the loss of life is unforgivable if it is wasted, but he supports the view of the President, the Congressional and Legislative branch of government, and those decisions they will make.
Council Member Cortese stated that as a cosigner of the peace principles, he will support the motion, and agrees with all of the principles, including the fifth principle added by Council Member Reed. He stated the memorandum encourages the Council Members to share their individual views with the public and one of his individual views is, having been a teenager during the Viet Nam war, there was a sense during that time that the President had information that the public did not have and a supporter of the war effort at that time said the President has information we do not and we should trust the President. He stated President Bush has learned or will learn that the American people do not tolerate a lack of disclosure or disregard for international law, two lessons that could have been learned during Viet Nam, and any administration that disregards those two lessons ultimately will be punished by the people through the democratic process. He stated he did not think he has enough information because of the lack of disclosure to know whether or not this war effort being proposed is necessary. He stated the people should continue to speak out and demand disclosure, and that this country should comply with international law, or the result may be a worse problem.
Council Member Chavez stated the City of San José has set up the Human Rights Commission for the purpose of being able to discuss items of human rights, and the impending war with Iraq is such an issue. She stated an opportunity to send a letter to the President is very important, although she could not say today that she supports this war, she believes there are times war is just. She stated it is important to have as much unity with her colleagues in the message the City sends to the Federal government, and the community, and that is the reason she supports the resolution. She stated irrespective of where people fall on the spectrum, everyone will be saying prayers for the troops, their friends, and family, and Council Member Reed’s family. She stated the message from Council today, should be about supporting people who have hard jobs, the Police, Fire Department and the troops, and those people who will be targeted for hate crimes. She stated that the President has an obligation to protect and preserve the liberty of the people of the United States.
Council Member LeZotte stated as Americans it is our right and duty to address the people who represent the public, whether it is this Council, the President or Congress, and speak regarding the direction this country is taking, and the war that is on the horizon. She stated she supports the memorandum from Mayor Gonzales and the Council Members, but expressed concern that President Bush had been unable to convince the allies of the United States. She stated this war is very troubling, and she cannot believe there was not sufficient information available to the international community to have more people supporting this war. She stated there is probably no doubt in anyone’s mind that Saddam Hussein is a threat but she was concerned that the United States has not exhausted every effort short of war, and it is very important that citizens continue to speak out, and as the memorandum indicates, war should be the last resort. She stated she supports the troops, and the resolution of peace principles.
Council Member Gregory stated he did support any war, and in this particular situation there are many additional challenges, the impact on the economy, fallout from the cost of the war that is going to impact the United States, and the budget crisis in every state and every city across this country. He stated no matter what side of this issue a person is on, everyone has one thing in common, and that is the troops sitting in the Gulf prepared to serve, defend and make that ultimate sacrifice, and as a democratic country, people can express thoughts freely, and that is what makes this country great. He stated if he was in Kuwait, what would make him feel confident would be the knowledge that every citizen in the country is supportive, and people have come together in prayer and expression in support of the troops. He stated he supports the document of principles the Mayor has put together because it is the way the leadership in the City can find common ground, and although the wording is different than what was submitted by the Human Rights Commission, he does not believe the Mayor is disagreeing, just saying it differently. He stated he hopes everyone stands behind the troops and against hate crimes in this City and this country.
Council Member Campos stated she supports the resolution of peace principles in the memorandum from the Mayor and the Council Members. She stated that she did not feel that a strong argument has been brought before the American people as to why we should go to war, and until she sees that, it is very hard for her to support this war completely. She stated her prayers are with Council Member Reed’s family, the families that she may not know, and stated everyone has to have faith within their own belief that some greater power will bring resolution to the war quickly to bring the troops home.
Council Member Chirco stated she grew up with the idea that the price of democracy is eternal vigilance, and stated she supports the ideals behind the Human Rights Commission’s proposed resolution, and given the complexity of the situation and her personal, as well as the Council’s lack of foreign policy expertise, the concept set forth in the resolution reflects a position that she can stand behind for many years to come. She stated she believes deeply in the people’s right to express their feelings about this and any other issue because that is part of the democratic process, and dialogue is critical to the public understanding. She stated she supports the men and women that are currently and will be in harm’s way, and continues to pray for a peaceful solution.
Mayor Gonzales stated democracy is about everyone having a right to state his or her position in an environment that is conducive to feeling safe. He stated his personal position on this issue has been that the United States should go to war only with the support of the international community, and after all diplomatic solutions have been exhausted, but the parameters of this discussion changed dramatically when President Bush issued the ultimatum. He stated he is still hopeful for a peaceful solution, but if and when war begins, he hopes the objectives are achieved quickly with minimal harm to human life, and expressed concern that the men and women who bravely serve this country return safely. In these challenging times, he stated it is important to point out that San José is a diverse community, and after the tragedy of September 11, 2001, many people have had the opportunity to express that no one in the City of San José will be a victim of a hate crime, and Council is issuing that claim again today, and this Council stands firm on the principles that are outlined in his and the Council Members’ memorandum. He stated he does not know if Saddam Hussein has the weapons of mass destruction, but the minute a uniformed man or woman of the United States steps one foot onto Iraq, they will have his full support.
On a call for the question,
the motion carried unanimously, and Council approved the memorandum from Mayor Gonzales
and Council Members Reed, Yeager, Cortese and Chavez, dated March 14, 2003, as amended by the revisions and modifications
specified, with a fifth “Principle”
added to the list on Page 2 of the March 14, 2003 memorandum, and which is to
be included in the draft memorandum attached thereto; as follows: (5) “San José
is strong because of our diversity. We embrace our differences and focus on the
values we share. We recognize and celebrate the contribution of all the people
of San José regardless of their faith, heritage, race, appearance or origin. We
reaffirm today that hate crimes will not be tolerated in San José.” Vote:
11-0-0-0.
3.5 Approval of actions related to extending benefits and/or salary for employees called to active duty.
(a) That a resolution be adopted providing supplemental salary and benefits for 13 pay periods beyond the 30 days of military leave for those employees who are called to active military duty related to the War on Terrorism, retroactive to January, 2003 and with an end date for eligibility of December 31, 2004.
(b) That, as part of the resolution, the City Council delegate authority to the City Manager or designee to sign agreements detailing the requirements for those employees who apply to receive the supplementary benefits as outlined in the resolution.
CEQA: Not a Project. (City Manager’s Office)
Documents Filed: (1)
Memorandum from Vice Mayor Dando, and Council Members LeZotte, Chavez and Reed,
dated March 17, 2003 recommending approval of the staff recommendation with the
following additions: (a) Provide continuation of the City’s contribution
towards medical and dental insurance. (b) Increase the number of pay periods
covered to 26. (c) Direct staff to designate a person to the point of contact
to inform all eligible employees or their families if they have already been
deployed, whom they should call if they have questions about these benefits.
(d) Direct staff to prepare a written summary of the benefits and procedures
and distribute it to all eligible employees or their families if they have
already been deployed, and to the Mayor and Council Members. (e) Add the
following clarifications: {1} The resolution applies to all members of the
Reserves or National Guard who are called to active duty for more than 30 days
as a result of terrorist’ attacks or impending or actual armed conflict,
whether the recall is partial or full mobilization, Presidential Recall,
Additional Duty for Special Work, Annual Duty or Additional Duty; {2} The end
date for eligibility refers to the date by which someone must report to active
duty and is not the end date for benefits under this resolution; {3} Comparison
of city pay to military pay will be done using city salary at the time they are
called for active duty, including premium pay. (2) Memorandum from Director of
Employee Relations Alex Gurza, dated March 11, 2003, recommending approval of
said resolution.
Discussion/Action: Council
Member Reed moved approval of the Staff recommendation from Director of
Employee Relations Alex Gurza, dated March 11, 2003, the addition of elements, which
are outlined in the memorandum he cosigned with Vice Mayor Dando, Council
Members LeZotte and Chavez. Council Member Chavez stated in Staff’s memorandum,
there is a recommendation that if the Council includes supplemental salary, the
employee will initially receive 25% of their City salary until copies of their
military pay stubs are received and the actual amount can be determined. She
asked once the pay stubs are received, how is Staff committed to turning around
that information so that the families are not in need. Director of Employee
Relations Alex Gurza replied that 25% of the pay is actually a new
recommendation that would be implemented to avoid the problem that the employee
would have to pay back the overpayment. Council Member Chavez stated that since
this proposal is a monthly occurrence, her concern is about the length of time,
and 25% will impact families significantly. Director Gurza replied as soon as
accurate military pay stub is received, the next check would be adjusted to be
accurate, and the 25% is just to avoid the overpayment. He stated there will
not be a lapse in City pay, so employees will continue to receive a paycheck,
which initially will be 25% of their normal pay, until Staff receives the first
military paycheck, and then calculate what the supplement should be in order to
reconcile it going forward. Director of Finance Scott P. Johnson stated that
the 25% used is a conservative estimate, that is a very high percentage over
and above what the reservists would receive compared to their City pay, and
basically Staff wants to implement a process to assure that they receive that
supplemental benefit within two weeks. Council Member Chavez stated the section
under Leave Accrual and Benefits states that employees will not accrue vacation
time while they are away, and she did not know what the military normally
offers for vacation leave, but she was concerned about employees not being able
to spend time with their families before returning to work. Director Gurza
explained Staff did not know what the military provides in terms of any other
leave benefits, but in the past they have not accrued vacation or those kinds
of leaves during the supplemental period, and during the first 30 days of
military leave it is similar to normal pay, i.e. vacation, and sick leave can
be accrued. He stated once the employee enters the supplemental period, it is
just like a stipend, and leave balances do not accrue during that period of
time.
Mayor Gonzales stated that the memorandum from Council Members Reed, and cosigned by other Council Members, suggest when an employee is taken from City of San José’s employment to serve the Country, the City of San José wants it to be like the employee is still working here, accruing the same vacation, sick leave, and he asked if that is outside of the City of San José’s current policy. Director Garza replied that it is, and in reviewing Council Member Reed’s memorandum, it does not specifically say that. Council Member Gregory stated he would like to see some specific language to address the fact employees are still on active duty. Council Member Reed stated the original proposal included covering employees who had been working for the City for over a year, and he would prefer that the City cover all employees, whether or not they are on probation, which is the reason he used the word “all”. He stated it is important, as there may be police officers on probation, the City has a tremendous investment in them, and the City wants them back. Council Member Williams stated in regard to the memorandum from Council Member Reed on Item (5)(a), the resolution applies to “all members”, it should state “all employees who are members of”, and Council Member Reed stated that it applies to all of the City of San José’s employees, and would accept that as an amendment to the motion. Council Member Gregory asked if it would be problematic to pay employees 50% of their salary versus 25% on the first paycheck. Director Johnson replied it would not be a problem, although what it could create an overpayment. Mayor Gonzales asked whether Staff could give the employees that option, Director Johnson replied yes, and Council Member Reed accepted that as an amendment to the motion. Mayor Gonzales called for public testimony. Pat Boyd, Joseph Ardizzone, and Robert Zafran, Military Reservists spoke on the issue. On a call for the question, the motion carried unanimously, and Council approved the memorandum from Vice Mayor Dando and Council Members LeZotte, Chavez, and Reed dated March 17, 2003, recommending approval of the Staff recommendations as amended by the revisions and modifications specified therein, and with the following revisions made at the Council Meeting: (1) The March 17, 2003 memorandum revision of Item 5(a), that the resolution will apply “to all employees who are members” of the Reserves or National Guards; (2) The March 11, 2003 Staff report under Supplementary revised to include an option to receive initial receipt of 50% of City salary, and requiring that any overpayment be repaid, and Resolution No. 71443, entitled: “A Resolution of the Council of the City of San José Approving Military Reservist Benefits for Those Employees Who Are Called to Active Duty Related to Terrorist Attacks or Impending or Actual Armed Conflict”, was adopted. Vote: 11-0-0-0.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.3 Adoption of a resolution approving a change in the sources of funding for the conditional construction/permanent grant in an amount not to exceed $1,000,000 to the Emergency Housing Consortium (EHC), from the Extremely Low-Income Housing Reserve Fund (ELI), to the 20% Low- and Moderate-Income Housing Fund, for the development of 10 units of transitional housing affordable to extremely low-income households to be constructed on a portion of the parking lot of the existing Boccardo Regional Reception Center, located at 2011 Little Orchard Street. CEQA: Negative Declaration, CPA-95-01-070. Council District 7. (Housing)
Documents Filed: Memorandum
from Director of Housing Leslye Corsiglia, dated February 26, 2003,
recommending adoption of said resolution.
Discussion/Action: Upon
motion by Council Member Gregory, and seconded by Council Member LeZotte, and
unanimously carried, Resolution No. 71444, entitled: “A Resolution of the
Council of the City of San José Approving a Change in the Source of Funding for
the Conditional Construction/Permanent Grant in an Amount Not To Exceed
$1,000,000.00 to the Emergency Housing Consortium, From the Extremely
Low-Income Housing Reserve Fund, to the 20% Low and Moderate Income Housing
Fund, for the Development of 10 Units of Transitional Housing Affordable to
Extremely Low-Income Households to be Constructed on a Portion of the Parking
Lot of the Existing Boccardo Regional Reception Center”, was adopted. Vote: 11-0-0-0.
RECREATION & CULTURAL SERVICES
5.2 Adoption of a resolution to increase the grant amount that the City Manager is authorized to request in a grant application with the State Coastal Conservancy for the Guadalupe River Park from $895,000 to $1,733,600, and authorize the City Manager to execute all the documents necessary to effectuate the grant. CEQA: Resolution No. 71373. Council District 3. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation
and Neighborhood Services Sara L. Hensley, dated February 25, 2003,
recommending adoption of said resolution.
Discussion/Action: Upon motion by Council Member Chavez, and
seconded by Council Member Yeager, and unanimously carried, Resolution No.
71445, entitled: “A Resolution of the Council of the City of San José
Authorizing the City Manager to Request an Increase in the Grant Amount in a
Grant Application to the State Coastal Conservancy for the Guadalupe River Park
from $895,000 to $1,733,600 and to Execute all Documents Necessary to
Effectuate the Grant”, was adopted. Vote: 11-0-0-0.
TRANSPORTATION SERVICES
6.1 Report of the Building Better Transportation Committee – March 3, 2003
Council Member Cortese, Chair
Documents Filed:
The Building Better Transportation Committee Report of March 3, 2003.
(a) Expansion of Transit and Transportation
Systems. Attachment: Memorandum from Director of Transportation James R.
Helmer, dated February 19, 2003, recommending approval of said California
Modern Streetcar alternative and associated alignments.
(1) Report and Recommendations on
Downtown-East Valley Transit Project
The
Committee accepted the report, with the following directives to staff:
·
Select the “Enhanced
Bus” (also known as “Bus Rapid Transit”) option for further study;
·
Select the “Modified
Single-Car Light Rail Vehicle” option for further study. Pursue vehicle
modifications addressing interests related to appearance, capacity and reducing
station platform height;
·
Select a rail
alignment allowing for direct service from the Eastridge Transit Center to the
San Jose Diridon Station via the Capitol LRT Corridor, Alum Rock Avenue
(center-running in exclusive right-of-way), Santa Clara Street (side-running
within traffic lane), Almaden Boulevard (center-running in exclusive
right-of-way), San Fernando Street (center-running in exclusive right-of-way),
and the Vasona LRT Corridor;
·
Provide a full
assessment of maintenance and operating costs (including requirements for new
or expanded maintenance facilities) associated with all options; and
·
Continue to provide
community outreach as part of further project development activities.
(b) Traffic Relief/Safe Streets
The
Committee took no action, as there were no items on the agenda.
(c) Supporting Smart Growth.
(1) Report and Recommendations on Smart
Growth/Transportation Impact Policy. Attachment: Memorandum from Director of
Transportation James R. Helmer, dated February 19, 2003, advising Committee on
the status and issues related to the Transportation Impact Policy and to
discuss the future direction of this effort.
The
Committee deferred the report to April 7, 2003.
(d) Regional Relationships/Funding/Policy.
(1) Discussion of ABAG/MTC merger. Attachment:
Memorandum from Director of Transportation James R. Helmer, dated February 19,
2003, describing the background and an analysis report of the ABAG/MTC Merger.
No
Committee action taken. This item was for discussion only.
(e) Oral petitions
There
were none.
(f) Adjournment
The
Committee was adjourned at 3:35 p.m.
Discussion/Action: Council
Member LeZotte commented she is concerned the Building Better Transportation
Committee minutes are not detailed enough and would prefer a more comprehensive
report in the future. Upon motion by Council Member Cortese, seconded by
Council Member Chavez, and unanimously carried, the Building Better
Transportation Committee Report and actions of March 3, 2003, were accepted. Vote:
10-0-1-0. Absent: Yeager.
6.2 Adoption of a resolution authorizing the Director of General Services to:
(a) Execute 6 five-year agreements, for the period April 1, 2003 to March 31, 2008, with (1) one-year option for each agreement for City-generated zone towing with the following companies for the following zones:
(1) Zone 1: Matos Auto Tow and Transport.
(2) Zone 2: City Towing Inc.
(3) Zone 3: Matos Auto Tow and Transport.
(4) Zone 4: Motor Body Company.
(5) Zone 5: Courtesy Tow Service, Inc.
(6) Zone 6: Delta Towing, Inc.
(b) Exercise the one-year options to renew the agreements without further Council action.
CEQA: Not a Project. (General Services/Planning, Building & Code Enforcement)
Documents
Filed: (1) Memorandum from Director of Planning, Building and Code
Enforcement Stephen M. Haase, and Director of General Services Jose Obregon,
dated February 26, 2003, recommending adoption of said resolution. (2)
Memorandum from Director of Planning, Building and Code Enforcement Stephen M.
Haase, and Director of General Services Jose Obregon presenting the results of
the Request for Proposals, and how the proposed contracts comply with the
Council direction of December 3, 2002.
Discussion/Action: Vice Mayor Dando stated that one of the changes
recommended by Staff is in District 10, and the new company that will be
covering this additional responsibility is the one that will represent three
different areas, and over 50% of the contracts. Director of Planning, Building
and Code Enforcement Stephen M. Haase stated the direction from the Council
when the Request For Proposal (RFP) was initiated was to allow up to three
districts which could be under single owner, and based upon Staff’s evaluation
Matos is being recommended for that particular zone. Vice Mayor Dando asked if
Matos had the capability in their yard to hold up to 800 cars a month. Deputy
Director Code Enforcement Mike Hannon replied they have a yard that is a
sufficient size to handle the number of vehicles required for an operator for
more than one zone, and the current RFP requires that the tow yard have the
capability of handling at least 150 vehicles at the primary yard at one time.
He stated Matos will have one yard that will be able to accommodate 300
vehicles which is the minimum number of vehicles that they would be required to
accommodate for those two zones, and the other company that Mr. Cohen is
principal owner of is a separate yard and is also capable of handling more than
150 vehicles. Vice Mayor Dando stated that Matos, the tow yard that will be
servicing the three different zones is located in Berryessa, and there is a
time limit expectation on response to a call, and she asked is Staff
comfortable that this operator would be able to arrive at, for example Coyote,
within the 25 minute timeline. Deputy Director Hannon replied that the tow
operator will need to arrive at the scene within 25 minutes after the Police
Department has made that first phone call, and Staff is confident that Matos,
and the other operators will be able to be responsive within the 25 minute time
period. He stated Staff has included in this contract, liquidated damages so
that if a contractor is not able to respond within the 25 minutes, they will be
penalized accordingly. Deputy Director Hannon stated that all of the tow
operators will have vehicles that are in the zones that they are servicing, and
Staff is not anticipating any difficulties responding within the 25 minute
period.
Vice Mayor Dando stated the person that is leaving that area has been with the City for about 12 years, she understood he missed the contract by 3 points, and wanted to confirm and understand the logic of it, because some of the issues appeared to be minor. She stated some of the fire extinguishers were not charged, yet he is the only operator that has a fully sprinkled building, and she asked if he had a couple fire extinguishers that weren’t charged, was that offset by the fact that his building is completely sprinkled. Code Enforcement Administrator Jamie Matthews replied the fire extinguishers that were missing were on the vehicles, as well as clean up equipment, and it was equipment standard on the vehicles that were providing the service, and although the building is sprinkled and there is some capacity to have inside storage, that minor issue was not the deciding factor. Administrator Matthews stated the point difference is very minor overall, so Staff evaluated the companies in a competitive process. He stated there were several items to distinguish the differences between Century and Matos, and one was the security of Century’s yard. He stated that Century’s security was inadequate and when Staff arrived, both gates were open, people could easily enter the area, the vehicles that were stored outside had windows down with possessions inside, there was no site control and security, and one of primary responsibilities is to make sure