MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA                                                  TUESDAY, JUNE 23, 1998

The Council of the City of San Jose convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.

 

Present: Council Members:       Dando, Diaz, Diquisto, Fernandes, Fiscalini, Johnson, Pandori, Powers, Shirakawa, Jr., Woody; Hammer.

 

Absent: Council Members:        None.

 

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In Re Burdine, (2) In re Zwemke, and (3) City of San José v. Arroyo, et al., and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager Designee Debra Figone; Employee Organization: San José Police Officers’ Association, and (2) City Negotiator: City Manager Designee Debra Figone; Employee Organization: International Association of Firefighters.

 

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:55 a.m. and reconvened at 1:40 p.m. in the Council Chambers.

 

Present: Council Members:       Dando, Diaz, Diquisto, Fernandes, Fiscalini, Johnson, Pandori, Powers, Shirakawa, Jr., Woody; Hammer.

 

Absent: Council Members:        None.

 

INVOCATION

Reverend Donna Morrow De Camp, Willow Glen United Methodist Church, delivered the Invocation. (District 6)

 

PLEDGE OF ALLEGIANCE

Mayor Hammer led the Pledge of Allegiance.

 

ORDERS OF THE DAY

Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, Item 9x was deferred to June 30, 1998, and the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.

 

CEREMONIAL ITEMS

5a        Presentation of a commendation to Carmen Venegas, retiring from Hillsdale Elementary School after 20 years of service to children.  (Shirakawa, Jr.)

 

Documents filed: None.

 

Discussion/Action: Council Member Shirakawa, Jr. joined Mayor Hammer at the podium for presentation of a commendation to Carmen Venegas in recognition of her years of service to children; Larry Aceves, Superintendent of the Franklin-McKinley School District, joined the Mayor and Council in honoring Carmen Venegas’ dedication to children.

 

5b        Presentation of a commendation to Kennedy School for being recognized as a Distinguished School.  (Shirakawa, Jr.)

 

Documents filed: None.

 

Discussion/Action: Council Member Shirakawa, Jr. joined Mayor Hammer for presentation of a commendation to Larry Aceves, Superintendent of the Franklin-McKinley School District, recognizing Kennedy School’s being named a Distinguished School.

 

5c        Presentation of a commendation to Larry Aceves for being recognized as Superintendent of the Year for Region 8.  (Shirakawa, Jr.)

 

Documents filed: None.

 

Discussion/Action: Joining Mayor Hammer at the podium, Council Member Shirakawa, Jr. read a commendation, which was presented to Superintendent Larry Aceves by Mayor Hammer, and were joined by Assistant Superintendent of Educational Services Ann Nelson and Board Vice President  Beverly Moreno in recognition of Mr. Aceves.

 

CONSENT CALENDAR

Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 10-0-1-0. Absent: Pandori.

 

Minutes for Approval

 

6a(1)    Regular Meeting of April 28, 1998

 

Documents filed:  Minutes of April 28, 1998.

 

Discussion/Action:  The minutes were approved. Vote: 10-0-1-0. Absent: Pandori.

 

6a(2)    Regular Meeting of May 5, 1998

 

Documents filed:  Minutes of May 5, 1998.

 

Discussion/Action:  The minutes were approved. Vote: 10-0-1-0. Absent: Pandori.

 

6a(3)    Regular Meeting of May 12, 1998

 

Documents filed:  Minutes of May 12, 1998.

 

Discussion/Action:  The minutes were approved. Vote: 10-0-1-0. Absent: Pandori.

 

Ordinances for Final Adoption (Ordinance Titles from Contracts)

 

6b(1)    ORD. NO. 25598 - Amends Section 6.01.040 of Chapter 6.01 of Title 6 of the San José Municipal Code to amend the definition of employee to include an independent contractor who uses a motor vehicle or mobile unit for peddling and amends Section 6.54.080 of Chapter 6.54 to amend the definition of peddler business to include persons who provide merchandise on consignment, or who provide motor vehicles, or mobile units for the purpose of peddling.

 

Documents filed: Proof of publication of title of Ordinance No. 25598 submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 25598 adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6b(2)    ORD. NO. 25599 - Amends Section 6.02.040 of Chapter 6.02 of Title 6 of the San José Municipal Code to change the time period allowed to applicants for permits and licenses to provide a County Certificate of Accuracy to the City from 30 days to 90 days.

 

Documents filed: Proof of publication of title of Ordinance No. 25599 submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 25599 adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6b(3)    ORD. NO. 25603 - Amends Section 24.02.440 of Chapter 24.02 of Title 24 of the San José Municipal Code to exempt a Building Permit for the retrofitting of fixed window security bars with releasable window bars from the requirement to pay an Investigation Fee until January 21, 2001.

 

Documents filed: Proof of publication of title of Ordinance No. 25603 submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 25603 adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6b(4)    ORD. NO. 25605 - Amends Section 15.14.255 of Chapter 15.14 of Title 15 of the San José Municipal Code to revise the definition of critical user for the purpose of regulating sanitary sewer use to include any discharger discharging more than 100,000 gallons per day to the sanitary sewer system.

 

Documents filed: Proof of publication of title of Ordinance No. 25605 submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 25605 adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6b(5)    ORD. NO. 25607 - Rezones certain real property situated at the east side of North First Street, 158 feet northerly of Bassett Street.  PDC 97-04-025

 

Documents filed: Proof of publication of title of Ordinance No. 25607 submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 25607 adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6b(6)    ORD. NO. 25608 - Rezones certain real property situated at the northeast corner of Eleventh Street and East Saint James Street.  PDC 98-03-023

 

Documents filed: Proof of publication of title of Ordinance No. 25608 submitted by the City Clerk.

 

Discussion/Action: Ordinance No. 25608 adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6b(7)    ORD. NO. 25609 - Rezones certain real property situated on the north side of Chynoweth Avenue and the east side of State Route 87.  C 98-01-011

 

Documents filed: Proof of publication of title of Ordinance No. 25609 submitted by the City Clerk.

 

Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal.  Ordinance No. 25609 was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6b(8)    ORD. NO. 25610 - Rezones certain real property situated on both sides of Narvaez Avenue between Calpella Drive and Arlindel Court.  C 98-03-030

 

Documents filed: Proof of publication of title of Ordinance No. 25610 submitted by the City Clerk.

 

Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Ordinance No. 25610 was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

Plans and Specifications

 

6d(1)    TRACT NO. 9053 - San Felipe Road and Silver Estates Drive - Silver Estates, L.L.C. (Developer) - 18 single family detached units.  Adoption of resolutions approving the plans, final map, contract, water main extension agreement, and Parkland Agreement for Tract No. 9053.  CEQA:  ND.  District 8.  (Public Works)

 

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 15, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68215, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans for Tract No. 9053”; Resolution No. 68216, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No.  9053”; Resolution No. 68217, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9053”; and Resolution No. 68218, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Agreement for the Water Main Extension, Tract No. 9053”, were adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6d(2)    TRACT NO. 9057 - Northwest corner of Capitol Avenue and Route 680 - Residential partners, a California Limited Partnership, By: Pfeiffer Ranch Investors, Inc., General Partner (Developer) - 17 single family detached residential units.  Adoption of resolutions approving the plans, final map, contract, and Parkland Agreement for Tract No. 9057.  CEQA:  ND.  District 4.  (Public Works)

 

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 15, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68219, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans for Tract No. 9057”; Resolution No. 68220, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9057”; Resolution No. 68221, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9057”; were adopted. Vote: 10-0-1-0. Absent: Pandori.

 

Contracts/Agreements

 

6e(1)    Approval of a Maintenance Service Agreement with Ascom Trindel Corporation for the Airport Parking Revenue Control System at the San José International Airport, in an amount not to exceed $194,872.  CEQA:  Resolution No. 67380.  (Airport)

 

Documents filed: None.

 

Discussion/Action: This item was deferred to June 30, 1998.

 

6e(2)    Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Pilar Aguero for the fabrication and installation of a mural for the interior of the Biblioteca Latino Americana Branch Library, in an amount not to exceed $50,000.  (Conventions, Arts and Entertainment)

 

Documents filed: Memorandum from Nancy Johnson, Director of the Department of Conventions, Arts and Entertainment, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68222, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Pilar Aguero for the Fabrication and Installation of a Mural for the Interior of the Biblioteca Latino Americana Branch Library in an Amount Not to Exceed $50,000”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6e(3)    Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Elsa Flores for the fabrication and installation of an artwork fountain to be located in the exterior courtyard between the Washington Area Youth Center and Biblioteca Latino Americana Branch Library, in an amount not to exceed $60,000.  CEQA:  Exempt.  (Conventions, Arts and Entertainment)

 

Documents filed: Memorandum from Nancy Johnson, Director of the Department of Conventions, Arts and Entertainment, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68223, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Elsa Flores to Fabricate and Install an Artwork Fountain to be located in the Exterior Courtyard Between the Washington Area Youth Center and Biblioteca Latino Americana Branch library for an Amount Not to Exceed $60,000”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6e(4)    Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Arts Council of Santa Clara County for the administration of funding for the program activities of the Artist Fee Support Program for the period June 29, 1998 to September 30, 1999, in an amount not to exceed $95,000.   (Conventions, Arts and Entertainment)

 

Documents filed: Memorandum from Nancy Johnson, Director of the Department of Conventions, Arts and Entertainment, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68224, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with the Arts Council of Santa Clara County to Administer Funds for the Artist Fee Support Program, in a Total Amount Not to Exceed $95,000”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6e(5)    Report on bids and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 97-98 Capital Improvement Program, RAS Valve Operator Replacement and Electric Manhole Dewatering” to the sole bidder, Clyde G. Steagall, Inc., in the amount of $288,648, and approval of a contingency in the amount of $60,000. CEQA: Exempt.  (Environmental Services)

 

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, recommending award of contract to the sole bidder, Clyde G. Steagall, Inc. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 1998, stating concurrence with the recommended award.

 

Discussion/Action: The award of contract to the sole bidder, Clyde G. Steagall, Inc., and said contingency, were approved and their execution authorized. Vote: 10-0-1-0. Absent: Pandori.

 

6e(6)    Report on bids and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 97-98 Capital Improvement Program, P&E Bldg. Emergency Generator Installation” to the sole bidder, Clyde G. Steagall, Inc., in the amount of $82,331, and approval of a contingency in the amount of $17,000. CEQA: Exempt.  (Environmental Services)

 

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, recommending award of contract to the sole bidder, Clyde G. Steagall, Inc. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 1998, stating concurrence with the recommended award.

 

Discussion/Action: The award of contract to the sole bidder, Clyde G. Steagall, Inc., and said contingency, were approved and their execution authorized. Vote: 10-0-1-0. Absent: Pandori.

 

6e(7)    Approval of a second amendment to the agreement with San José State University Foundation for technical and customer assistance for water efficiency programs, increasing the compensation by $88,722, from $58,583 to $147,305.  (Environmental Services)

 

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, recommending approval of a second amendment to said agreement with San José State University Foundation. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 1998, stating concurrence with the recommended award.

 

Discussion/Action: The award of the second amendment to said agreement with San José State University Foundation was approved and its execution authorized. Vote: 10-0-1-0. Absent: Pandori.

 

6e(8)    Adoption of a resolution authorizing the City Manager to execute a special project form for the extension of stencil project work under the existing Master Agreement with the San José Conservation Corps, extending the term by 6 months, from June 30, 1998 to December 31, 1998, at no additional cost to the City.  (Environmental Services)

 

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 18, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68225, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Special Project Form for the Extension of Stencil Project Work under the Existing Master Agreement with the San José Conservation Corps, Extending the Term by 6 Months, from June 30, 1998 to December 31, 1998, at No Additional Cost to the City”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6e(9)    Approval to reject all bids for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 97-98 Capital Improvement Program, Catholic Protection System--Phase I”. CEQA: Exempt. (Environmental Services)

 

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, recommending the rejection of all bids for said project. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 1998, stating concurrence with the rejection of all bids.

 

Discussion/Action: The rejection of all bids for said construction project was approved. Vote: 10-0-1-0. Absent: Pandori.

 

6e(10)  Adoption of a resolution authorizing the Director of Environmental Services to enter into agreements for the distribution of Extra Garbage Stickers.

(Environmental Services)

 

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Resolution No. 68226, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Environmental Services to Enter into Agreements for the Distribution of Extra Garbage Stickers”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6e(11)  Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 1997-98 #34, and authorization for the Director of General Services to execute the purchase orders.  (General Services)

 

Documents filed: Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 3, 1998, recommending approval of open purchase order #34.

 

Discussion/Action: The open purchase order list #34 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 10-0-1-0. Absent: Pandori.

 

6e(12)  Approval to reject all bids and to re-solicit bids for the purchase and installation of paving fabric.  (General Services)

 

Documents filed: Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 3, 1998, recommending the rejection of all bids and re-solicitation of bids for said purchase and installation.

 

Discussion/Action: The rejection of all bids and re-solicitation of bids for said paving purchase and installation was approved. Vote: 10-0-1-0. Absent: Pandori. Vote: 10-0-1-0. Absent: Pandori.

 

6e(13)  Adoption of a resolution authorizing the Director of General services to execute the agreement for the purchase of mapping development software, reproduction services, and software maintenance with Lynx Technologies, Inc., Santa Cruz, California in an amount not to exceed $100,000.  (General Services)

 

Documents filed: None.

 

Discussion/Action: This item was deferred to June 30, 1998.

 

6e(14)  Report on bids and award of purchase of forty-nine (49) retrofit kit fiber optic signs and related parts for the Department of Streets and Traffic to the low bidder, Jerry E. Fondaw and Associates, Inc., at a total cost of $101,607.46, including tax and delivery, and authorization for the Director of General Services to execute the purchase order.  (General Services)

 

Documents filed: Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 3, 1998, recommending award of said purchase to the low bidder, Jerry E. Fondaw and Associates, Inc.

 

Discussion/Action: The award of purchase to the low bidder, Jerry E. Fondaw and Associates, Inc., was approved and the Director of General Services authorized to execute the purchase order. Vote: 10-0-1-0. Absent: Pandori.

 

6e(15)  Report on bids and award of purchase of three (3) 35,000 pound GVWR (Gross Vehicle Weight Rating) cabs and chassis for the Department of Streets and Traffic/Sewer Section to the lowest responsive bidder, Garden State International Trucks, at a total cost of $166,482.54, including tax, and authorization for the Director of General Services to:

(a)        Execute the purchase order for the immediate purchase of three (3) 35,000-pound GVWR cabs and chassis.

(b)        Execute a purchase order for additional vehicles at the same unit price for one (1) year, only after sufficient funds have been appropriated.

(General Services)

 

Documents filed: Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 3, 1998, recommending the award of said purchase to the lowest responsive bidder, Garden State International Trucks.

 

Discussion/Action: The award of said purchase to the lowest responsive bidder, Garden State International Trucks, was approved and the Director of General Services was authorized to immediately execute the purchase order for three cabs and chassis and to execute a purchase order for additional vehicles at the same unit price for one (1) year, after sufficient funds have been appropriated. Vote: 10-0-1-0. Absent: Pandori.

 

6e(16)  Report on bids and award the purchase of one (1) 33,000 pound bookmobile for the San Jose Library to the lowest responsive bidder, Matthews Specialty Vehicles, at a total cost of $235,711.52, including tax, and authorization for the Director of General services to:

(a)        Execute the purchase order for the immediate purchase of one (1) 33,000-pound bookmobile.

(b)        Execute a purchase order for additional vehicles at the same unit price for one (1) year, only after sufficient funds have been appropriated.

(General Services)

 

Documents filed: Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 3, 1998, recommending award of said purchase to the lowest responsive bidder, Matthews Specialty Vehicles.

 

Discussion/Action: The award of purchase to the lowest responsive bidder, Matthews Specialty Vehicles, was approved and the Director of General Services was authorized to execute the purchase order for immediate purchase of one (1) bookmobile and to execute a purchase order for additional vehicles at the same unit price for one (1) year, after sufficient funds have been appropriated. Vote: 10-0-1-0. Absent: Pandori.

 

6e(17)  Report on bids and award of purchase of fifty (50) conflict monitors and fifty (50) power supplies for the Department of Streets and Traffic to the low bidder, Synchronex, for a total cost of $80,916.88, including tax and delivery and authorization for the Director of General Services to:

(a)        Execute the purchase order for the immediate purchase of (50) conflict monitors and 50 power supplies.

(b)        Execute a purchase order for additional conflict monitors and power supplies at the same unit price for one (1) year, only after sufficient funds have been appropriated.

(General Services)

 

Documents filed: Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 3, 1998, recommending award of said purchase to the low bidder, Synchronex.

 

Discussion/Action: The award of purchase to low bidder, Synchronex, was approved and the Director of General Services was authorized to execute the purchase order for immediate purchase of fifty (50) conflict monitors and fifty (50) power supplies and to execute a purchase order for additional conflict monitors and power supplies at the same unit price for one (1) year, after sufficient funds have been appropriated. Vote: 10-0-1-0. Absent: Pandori.

 

6e(18)  Approval of an agreement with the Palo Alto Medical Foundation for the services of an occupational physician and consultation in occupational medicine, for the period July 1, 1998 to June 30, 1999, in an amount not to exceed $210,000.  (Human Resources)

 

Documents filed: None.

 

Discussion/Action: This item was deferred to June 30, 1998.

 

6e(19)  Approval of Mayor and City Council Assistant employment agreements for FY 1998/99.  (Council/Mayor)

 

Documents filed: None.

 

Discussion/Action: This item was deferred to June 30, 1998.

 

6e(20)  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Workforce Silicon Valley to develop and implement a new School to Career Program (entitled Learn and Earn Program) for the period July 1, 1998 to June 30, 2000, in an amount not to exceed $200,000. (Parks, Recreation and Neighborhood Services)

 

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68227, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Workforce Silicon Valley to Develop the Learn and Earn Program in an Amount Not to Exceed $200,000”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6e(21)  Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the Filipino American Community of Santa Clara County, Inc. (Agency) to provide funding for the renovation of the community center building at 635 North Sixth Street, for the period July 1, 1998 to June 30, 1999, in the amount of $100,000. CEQA: Exempt. (Parks, Recreation and Neighborhood Services)

 

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 18, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68228, 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 Filipino American Community of Santa Clara County, Inc. to Provide Funding to Renovate its Community Center Building, in a Total Amount Not to Exceed $100,000”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6e(22)  Adoption of a resolution authorizing the City Manager to negotiate and execute a third amendment to the agreement with David J. Powers & Associates, Inc. for the completion of a Program Environmental Impact Report (EIR) for the Alviso Master Plan, extending the term of the agreement by 6 months, from June 1998 to December 31, 1998, at no additional cost to the City.  (Planning, Building and Code Enforcement)

 

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated  June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Resolution No. 68229, 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 Agreement with David J. Powers & Associates, Inc. for Phase II of the Preparation of an Environmental Impact Report for the Alviso Master Plan: a Specific Master Plan for the Alviso Community, At No Additional Cost to the City”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6e(23)  (a)        Approval of a second amendment to the consultant agreement with Esgil Corporation for building plan check services, increasing the compensation by $50,000, from $45,000 to $95,000, and extending the term of the agreement by one (1) year, from June 30, 1998 to June 30, 1999.

(b)        Approval of a seventh amendment to the consultant agreement with Kutzman and Associates for building plan check services, increasing the compensation by $40,000, from $289,000 to $329,000, and extending the term of the agreement by one (1) year, from June 30, 1998 to June 30, 1999.

(c)        Approval of a sixth amendment to the consultant agreement with R.K. Associates for building plan check services, increasing the compensation by $10,000, from $147,000 to $157,000, and extending the term of the agreement by one (1) year, from June 30, 1998 to June 30, 1999.

(d)        Approval of an eighth amendment to the consultant agreement with Linhart Petersen Powers Associates for building plan check services, extending the term of the agreement by one (1) year, from June 30, 1998 to June 30, 1999.

(e)        Approval of a fourth amendment to the consultant agreement with Wildan Associates for building plan check services, extending the agreement by one (1) year, from June 30, 1998 to June 30, 1999.

            (Planning, Building and Code Enforcement)

 

Documents filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 3, 1998, recommending approval of the amendments to said agreements

 

Discussion/Action: The recommended amendments to said agreements with Esgil Corporation; Kutzman and Associates, Inc.; R.K. Associates; Linhart, Petersen, Powers, Inc., and with Wildan Associates, were approved and their execution authorized. Vote: 10-0-1-0. Absent: Pandori.

 

6e(24)  Report on bids and award of contract for the Mt. Pleasant Park Renovation Project to the low bidder, Lone Star Landscape, Inc., to include the Base Bid and Add Alternate Nos. 1 and 2 in the amount of $257,480. CEQA: Exempt. (Public Works)

 

Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated June 3 and 17, 1998, recommending award of said contract to the low bidder, Lone Star Landscape, Inc.

 

Discussion/Action: The award of contract to the low bidder, Lone Star Landscape, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Pandori.

 

6e(25)  Adoption of a resolution approving an agreement for donation of real property located at 1850 Stone Avenue, consisting of approximately 10,534 square feet, from Ann Rubino for purposes of the Little Orchard Street widening, and authorization for the Director of Public Works to execute an agreement for the donation of real property and all other documents necessary to complete the transaction.  CEQA:  Exempt.  (Public Works)

 

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 18, 1998, recommending adoption of said resolution.

 

Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Resolution No. 68230, entitled: “A Resolution of the Council of the City of San José Approving a Donation of Property to the Purpose of Widening Little Orchard Street and Directing the Director of Public Works to Execute All Necessary Documents to Complete the Transfer”, was adopted. Vote: 11-0-0-0.

 

Routine Legislation

 

6f(1)    Adoption of a resolution authorizing the reorganization of territory designated as Canoas No. 27, which involves the annexation to the City of San José of 55.3 acres of land, located at the northerly terminus of Dow Drive, and the detachment of the same from the Central Fire Protection District. CEQA: ND. (Planning, Building and Code Enforcement)

            [Deferred from 4/14/98 - Item 6f(5) et al., and 5/26/98 - Item 6f(1)]

 

Documents filed: None.

 

Discussion/Action: This item was dropped from the Agenda.

 

6f(2)    Adoption of a resolution granting conditional consent to an assignment of sublease between Caterair International, Inc. II and Sky Chefs, Inc. a wholly owned subsidiary of Onex Food Services, Inc.  CEQA:  Resolution No. 67380.  (Airport)

 

Documents filed: Memorandum from Director of Aviation, Ralph G. Tonseth, June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68231, entitled: “A Resolution of the Council of the City of San José Granting Conditional Consent to the Assignment Agreement Between Caterair International Corporation and Caterair International, Inc. II to Sky Chefs, Inc. for Use of the In-Flight Catering Kitchen Facility”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6f(3)    Adoption of appropriation ordinance and funding sources resolution amendments in various Capital funds.  (City Manager’s Office)

 

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated June 18, 1998, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

Discussion/Action: Ordinance No. 25628,  entitled: “An Ordinance of the City of San José Amending Ordinance No. 25390 to Adopt Appropriation Ordinance Amendments in Various Capital Funds; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68232, entitled, “A Resolution of the City of San José Amending Resolution No. 67424 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1997-98 to Adjust Revenues in Various Capital Funds”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6f(4)    Adoption of appropriation ordinance and funding sources resolution amendments in various Capital Funds and the General Fund to reflect increased tax revenue estimates in the amount of $4,000,000 for the Construction and Conveyance Tax.  (City Manager’s Office)

 

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated June 18, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

Discussion/Action: Ordinance No. 25629,  entitled: “An Ordinance of the City of San José Amending Ordinance No. 25390 to Appropriate Moneys in Various Capital Funds and the General Fund to Reflect Increased Tax Revenue Estimates for the Construction and Conveyance Tax; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68233, entitled, “A Resolution of the City of San José Amending Resolution No. 67424 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1997-98 to Adjust Revenues in the Various Capital Funds and the General Fund to Reflect Increased Tax Revenue Estimates for the Construction and Conveyance Tax”, were adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6f(5)    Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund with a net impact to the fund of $476,300.  (City Manager’s Office)

 

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated June 3, 1998, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. Ordinance No. 25630, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25390 which Appropriates Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $476,300 for Certain Public Improvements by the City on Redevelopment Agency Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68234, entitled, “A Resolution of the City of San José Amending Resolution No. 67424 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1997--98 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”, were adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6f(6)    Adoption of amendments to the annual appropriation ordinance and funding sources resolution for various funds to reflect estimated 1997-98 revenue receipts, expenses, and encumbrances.  (City Manager’s Office)

 

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated June 15, 1998, recommending approval of said appropriation ordinance and related revenue resolution amendments.

 

Discussion/Action: Ordinance No. 25631,  entitled: “An Ordinance of the City of San José Amending Ordinance No. 25390 which Appropriates Moneys in Various Funds to Reflect Estimated 1997-98 Revenue Receipts, Expenses, and Encumbrance; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 68235, entitled, “A Resolution of the City of San José Amending Resolution No. 67424 Setting Forth the Estimated Sources of Funds for the Fiscal Year 1997-98 to Adjust Revenues in Various Funds to Reflect Estimated 1997-98 Revenue Receipts, Expenses, and Encumbrances”, were adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6f(7)    Adoption of a resolution accepting $60,000 (retail value) donation in the form of smoke detectors and batteries from Tandy Corporation to be installed in homes of citizens of San José.  (Fire)

 

Documents filed: Memorandum from Fire Chief Robert Dorman, dated June 17, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68236, entitled: “A Resolution of the Council of the City of San José Accepting a Gift of Approximately 5,000 Smoke Detectors Including Batteries from Tandy Corporation at Retail Value of $60,000 for Use by the Fire Department to be Installed in the Homes of Citizens of San José”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6f(8)    Adoption of a resolution approving the proposed moving expense schedule for tenants displaced under the City’s Relocation Ordinance, San José Municipal Code Section 17.20.2110.  (Housing)

 

Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated June 17, 1998, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 68237, entitled: “A Resolution of the Council of the City of San José Approving a Moving Expense Schedule for Tenants Displaced Under Municipal Code Section 7.20.2110”, was adopted. Vote: 10-0-1-0. Absent: Pandori.

 

6f(9)    Approval of City Auditor, Gerald Silva’s travel calendar for FY 1998-99.  (Auditor) (Rules Committee referral 6/17/98)

 

Documents filed: Correspondence from City Auditor Gerald A. Silva, dated June 18, 1998, submitting for Council approval travel calendar for period of July 1, 1998 through December 31, 1998.

 

Discussion/Action: The travel calendar of City Auditor Gerald Silva was approved. Vote: 10-0-1-0. Absent: Pandori.

 

6f(10)  Approval for the following City of San José delegation to travel to the cities of Dublin and Derry, Ireland on June 28-July 13, 1998, to promote economic development partnerships and sister city relations:

(a)        Mayor Susan Hammer

(b)        Council Member Charlotte Powers

(c)        Vice-Mayor Margie Fernandes

(d)        City Manager Regina V.K. Williams

(City Manager’s Office)

(Rules Committee referral 6/17/98)

 

Documents filed: (1) Memorandum from City Manager Regina V.K. Williams, dated June 22, 1998, requesting approval of said travel. (2) Memorandum from Mayor Hammer, dated May 19, 1998, requesting approval of the Mayor’s travel to Ireland from July 1-13, 1998 to promote economic development partnerships and Sister City relations.

 

Discussion/Action: The travel of the City of San José delegation to Ireland on June 28-July 24, 1998, was approved. Vote: 10-0-1-0. Absent: Pandori.

 

6f(11)  Approval for City Manager Regina V.K. Williams to travel on July 23-30, 1998, to Quito, Ecuador (ICMA/USAID Funded International Resource Cities Program).  (City Manager’s Office)

(Rules Committee referral 6/17/98)

 

Documents filed: Memorandum from City Manager Regina V.K. Williams, dated June 22, 1998, requesting approval of said travel.

 

Discussion/Action: The travel of City Manager Regina V.K. Williams for July 23-30, 1998, to Quito, Ecuador, was approved. Vote: 10-0-1-0. Absent: Pandori.

 

END OF CONSENT CALENDAR

Items 9d and 9e were considered together.

 

9d        Adoption of a resolution authorizing the City Manager to establish terms and conditions and performance requirements under which the Roadway Marking Services Team will provide roadway marking services to the City.

(1)        For an initial term of one (1) year for the period October 1, 1998 to September 30, 1999, in the amount of $1,172,000.

(2)        Thereafter, for up to three (3) one (1) year options for renewal subsequently, with all renewals at a cost based on the Consumer Price Index (CPI) adjustment, contingent upon satisfactory performance of the Roadway Marking Services Team and Council approval of the funds each year.

(New Realities Recommendation #2.05/6.05) (City Manager’s Office)

 

Documents filed: (1) Memorandum from City Manager Regina V.K. Williams, dated June 17, 1998, recommending adoption of said resolution. (2) Hard copies of transparencies used in the Staff presentation made by the Project Manager, Pamela Jacobs, Assistant to the City Manager.

 

Discussion/Action: See Item 9e for Council Discussion. Upon motion by Council Member Fiscalini, seconded by Council Member Johnson, and carried,  Resolution No. 68238, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Establish Terms and Performance Requirements for the Department of Streets and Traffic to Provide Roadway Markings Services Pursuant to the City’s Public-Private Competition Policy for an Initial One-Year Term”, was adopted. Vote: 9-2-0-0.  Noes: Dando, Pandori.

 

9e        Adoption of a resolution authorizing the City Manager to establish terms and conditions and performance requirements under which the Parks Maintenance Division of the General Services Department will deliver landscape maintenance services at the Water Pollution Control Plant pursuant to the City’s Public-Private Competition Policy:

(a)        For an initial term of 15 months for the period October 1, 1998 to December 31, 1999, in the amount of $214,528.

(b)        Thereafter, for up to four (4) one (1) year options for renewal, contingent upon the satisfactory performance of the Parks Maintenance Division and Council approval of the funds each year.

(New Realities Recommendation #2.05/6.05) (City Manager’s Office)

 

Documents filed: (1) Memorandum from City Manager Regina V.K. Williams, dated June 17, 1998, recommending adoption of said resolution. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 1998, recommending adoption of said resolution.

 

Discussion/Action: City Manager Regina V.K. Williams stated the City’s first public/private competition pilot project was recommended by the New Realities Task Force and entered into by the City as a tool to assure the highest quality service in the most effective manner and both pilots accomplished that goal. In the landscape pilot, City crews demonstrated their ability to perform the work at the Water Pollution Control Plant at less cost and at a higher standard. She stated the same is true in the roadway markings pilot, even though no private sector proposals were received. She stated she is confident that had there been, City staff would have shown they could do the work in a quality manner for less money. She asked personnel in both City departments to stand and be recognized for their dedication to public service. Presenting the Staff recommendations, Pamela Jacobs, Assistant to the City Manager, stated in addition to the overall goal of cost-effectively providing quality service, the process produced benefits for the City by creating an effective labor/employee management partnership model which can be applied to other efforts in the City by developing             employee ownership of quality/cost effectiveness that will sustain the project and facilitate continuous improvement. She stated the model developed for costing services is similar to that used by the private sector, it enables review of activities with their true costs, and provides specific efficiency, productivity and quality gains within each of the two services; internal barriers to competition which were identified will be addressed on an ongoing basis to assist all services to achieve more competitiveness. Regarding the roadway markings pilot, she stated a number of service levels were included because levels in the City have been low because the large backlog in preventative maintenance has resulted in focusing primarily on corrective maintenance. She stated a fourth level proposed by the RFP Development Team combines the optimal Service Level for preventative and corrective maintenance and new installation with a more moderate level of curb marking because curb marking is labor intensive and at optimum levels would require additional staff. She stated the Evaluation Panel and Steering Team recommends Service Level No. 4, and an alternative waterborne plastic paint which has the qualities of thin line plastic and would work with the City’s current stripper. She stated the recommended highest service level represents a minimal increase in the current budget because funds are included for vehicle replacements. With respect to the landscape maintenance RFP, she stated two of the four proposals were deemed non-responsive due to a failure to propose prevailing wages, that the technical rating for the Del Conte proposal ranged from 68 to 83 and the City Team’s proposal rated from 89 to 100 and the primary shortcoming of Del Conte’s proposal was its proposed staffing and equipment plan and lack of comparable experience. She stated the City Team’s proposal was significantly lower in cost and of quality higher than Del Conte’s and would result in a 5-year saving of $200,000; therefore, the City Team’s proposal is recommended for the landscape maintenance contract. Addressing the Council regarding the pilot project were process participants Deborah Powell, Labor Liaison, Quest Project; Don Schultz, Superintendent, Streets and Traffic; Reggie Turner, Manager, Parks Maintenance Division of General Services. Amy Dean, South Bay AFL-CIO, stated the Development Team’s objectives were met through establishment of a process whereby employees and managers can partnership to identify ways to cut costs and deliver services more efficiently, by benchmarking performance against the private sector and creating an atmosphere of cooperation, ensuring competition on the basis of ingenuity, innovation and performance and not paying the lowest wage. Responding to criticisms of unfairness, she stated bidders not participating in the process have no grounds for comparison, and applied the question of fairness to employees whose jobs or salaries would be affected if the process rewarded savings at the expense of workers, and stated the process will improve as it goes forward and employees are trained in the technical capability to engage in benchmarking their performance. Tom Del Conte, Del Conte Landscaping, the private proposer for the landscaping contract, stated he did not think the process was fair, questioned the ability of City workers to maintain the “ethical wall” and whether full costs were included in the City Team’s bid, and asked about a variance in the bid amount and the staff report. Responding to Mr. Del Conte’s comments, Pamela Jacobs stated amortization and preventative maintenance costs were included in the City Team’s proposal and the teams which developed, responded to, and evaluated the RFP were set up in the same manner as competition programs in other cities. She stated  team members were from outside the City and various City departments,  but were limited with respect to the contracting department and did not include anyone who worked directly with the proposing team. Regarding the variance in the proposed amount, she stated the difference is accounted for by costs which the City is already paying and which would not be new costs to the Environmental Services Department for this particular contract, and the cost reflected in the Staff report is the cost the City will pay for the service. Council Member Fiscalini stated that as a first attempt at public/private competition, the process met the goal of giving employees an opportunity to be competitive in the marketplace and was successful in team-building, creating ownership, and forging better relationships between managers and employees, as important as savings. However, because the evaluation team being heavily weighted on the City side created a perception of unfairness, he suggested Staff review the process with employee representative organizations to determine if it is possible to achieve an evaluation process that reduces the perception of unfairness. Vice Mayor Fernandes stated Council needs to know if savings will be realized through the public-private competition process and suggested any new bid proposals be packaged to provide that information and that concerns about the perception of fairness be reviewed by the Administration. Council Member Dando expressed support for the Staff recommendation for Item 9e, stated the team building effect will benefit the City immeasurably, and she is confident the employees will provide high quality service; however, if the construction of the Evaluation Team gives the perception of unfairness, whether real or not, for competition to work for the good of the City, it must be true competition. Regarding the lack of competition on Item 9d, she recommended not proceeding until Staff determines the reasons interested companies, including the company providing the service since the 1970s, did not compete, and for that reason she would not support Item 9d. Council Member Powers stated the way the Evaluation Teams were formulated differed little from the process used for other RFPs in the City, emphasized that purposes of the New Realities Task Force were met and congratulated City employees involved in the process. Council Member Woody commended those involved for an excellent outcome, which raised the morale of City employees and provided cost savings, among other benefits, and stated an evaluation will come forward in the fall for Council’s review. Council Member Johnson pointed out the reasons given by companies for not bidding were based more on perception than fact. Addressing common misconceptions, she stated all bids are subject to the Public Records Act, whether pilot project or not; that the amount of work to respond to a RFP is the same whether or not the City is competing; that City workers have bargaining agreements and are paid prevailing wage; that actual cost data were used in the City’s projections, and management and inspection costs are incurred by the City regardless of who wins the bid and should not be a cost of contracting out. Regarding the issue of risk, she stated the City does have less risk in the area of bringing the contract in at the bid price, but there are other risk factors also. Council Member Pandori stated perception is reality and if the process is not seen as fair there will not be competition, commented that complaints received pertain to a procedural issue in that concerns which were raised to the Council about procedures that were developed by the City Administration should be referred to an outside entity and not referred back to the Administration, and recommended obtaining an outside opinion on the appropriateness of the City requesting proprietary financial data in addition to a performance bond, and urged Council not to view the process as satisfactory because competition was not achieved. Vice Mayor Fernandes spoke against increasing bureaucracy by adding layers of oversight and reiterated support for the process and for the result. Mayor Hammer stated doing business with a public entity differs from doing business in the private sector because the City’s higher level of responsibility requires monitoring and inspections; regarding disclosure of proprietary information, she stated the City’s fiduciary and public safety responsibilities require certain disclosures, such as materials being proposed, and bid bonds protect performance of the contract, not liability resulting from a contractor’s work. She stated the City will learn from this first effort and Mr. Del Conte’s comments had been noted, congratulated City employees whose hard work and creativity produced the successful bid, and noted she looks forward to projects in other departments. Upon motion by Council Member Fiscalini, seconded by Council Member Johnson, and carried,  Resolution No. 68239, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Establish Terms and Performance Requirements for the Department of General Services to Provide Landscape Maintenance Services at the Water Pollution Control Plant Pursuant to the City’s Public-Private Competition Policy for an Initial One-Year Term”, was adopted. Vote: 11-0-0-0.

 

9y        Appoint members to the Campaign Finance Review and Ethics Board to fill three four-year terms ending March 1, 2002, and one unexpired term ending March 1, 2000.  (City Clerk)

(Continued from 6/16/98 - Item 9d)

 

Documents filed:  Memorandum from City Clerk, Patricia L. O’Hearn, dated June 23, 1998, reporting on Campaign Finance Review and Ethics Board vacancies.

 

Discussion/Action: Council Member Johnson stated she had reconstituted her absence at the June 16 Council meeting by listening to tapes of the candidate interviews and submitted her ballot to the City Clerk. City Clerk Patricia L. O’Hearn stated that Council Member Johnson’s votes, when added to the Second Ballot tabulation taken on June 16, 1998, results in the reappointment of Roy Young to a four-year term ending March 1, 2002. Council directed the City Clerk to re-advertise the remaining four-year term ending March 1, 2002 and one unexpired term ending March 1, 2000.

 

10c(1)  PUBLIC HEARING on proposed new Maintenance District 18 (Meadowlands).

(2)        Report out of ballot tallies and, if approved by property owners, adoption of a resolution adopting the Engineer’s Report for Maintenance District 18 (Meadowlands) for Fiscal Year 1998/99, and setting the respective assessments and the City’s contribution therein.

(3)        Direction to Public Works to record notices of the assessments.

(4)        Direction to Finance that the confirmed assessments for FY 1998-99 maintenance be collected by City invoices and the assessments for FY 1999-00 maintenance be transmitted to the County for collection on the 1998-99 tax rolls.

(Public Works)

 

Documents filed: (1) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 19, 1998, recommending a Public Hearing be held, that the City Clerk tally the owner ballots and if approved by a simple majority of owners, a resolution be adopted certifying results of the vote, adopting the Engineer’s Report and direct notices of the assessments be recorded and the confirmed assessments for FY 1998-99 be collected by City invoices, and the assessments for FY 1999-00 be transmitted to the County for collection on the 1998-99 tax rolls. (2) Engineer’s Report on the proposed Maintenance District No. 18 (The Meadowlands) for FY 1998-99.

 

Discussion/Action: Mayor Hammer announced the public hearing on the establishment of Maintenance District 18 and the levy of proposed assessments and explained that after all testimony has been heard, the testimony portion of the hearing will be closed, at which time no additional ballots will be accepted, and the City Clerk’s office will be directed to tabulate the ballots received. She declared the public hearing open, called for public testimony and stated any property owners wishing to submit a ballot to the Clerk should do so at this time. With no testimony from the floor, the Public Hearing was closed. The City Clerk reported results of the tabulation: 188 property owners to be assessed in the amount of $16,751.32, 22 have returned ballots in support of the assessment; 22 property owners to be assessed in the amount of $1,860.32 have returned ballots in opposition of the assessment. She stated ballots submitted in support of the assessment exceed ballots submitted in opposition to the assessment in Maintenance District 18 and therefore, the City Council may vote on imposition of the assessment at this time. Upon motion by Council Member Woody, seconded by Council Member Diaz and unanimously carried, Resolution No. 68240, entitled: “A Resolution of the Council of the City of San José Taking Certain Actions Related to the Establishment of Maintenance District Number 18 (Meadowlands) Including the Adoption of the Engineer’s Report and Setting the Assessment as Detailed Therein”, was adopted, and the Director of Public Works directed to record notices of the assessments and the Director of Finance to collect by City invoices the confirmed assessments for FY 1998-99 to transmit the assessments for FY 1999-00 to the County for collection on the 1998-99 tax rolls. Vote: 11-0-0-0.

 

9b        Interview and appoint five Planning Commissioners.  (City Clerk)

 

Documents filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated June 17, 1998, reporting on applicants to be interviewed to fill five vacancies on the Planning Commission.

 

Discussion/Action: The City Council Members interviewed candidates Douglas Christopher, Gilbert Garcia (Incumbent), Sharon Godbolt, Gloria Chun Hoo (Incumbent), Tiralisa Kaplow, Nancy Pyle, Jay Ross, Forrest Williams (Incumbent), and James Zetterquist, and on the first ballot, Gloria Chun Hoo, Jay Ross, Forrest Williams and James Zetterquist were appointed to fill either an unexpired term ending June 30, 2000 or four-year terms ending June 30, 2002, and on the second ballot, Sharon Godbolt was appointed, with incumbents filling four-year terms and the remaining terms to be determined by lot.

 

COMMISSION, COMMITTEE, AND STANDING REPORTS

7b        Report of the Rules Committee - June 10, 1998

 

Documents filed:  Rules Committee report of June 10, 1998

 

(1)        Review of June 23 Council Agenda

 

The discussion of Item 9b, Planning Commission interviews and appointments, was reported at the June 16, 1998 Council meeting. The Committee approved the June 23, 1998 Council agenda with five additions and two changes.

 

(2)        Add New Items to June 16 Amended Council Agenda.

 

The Committee recommended five additions and one change to the June 16, 1998 Council agenda.

 

(3)        The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated June 4, 1998, listing the items transmitted to the Administration and those items filed for the Public Record for the period May 27-June 2, 1998, (2) Memorandum from Council Liaison Norberto Dueñas, dated June 9, 1998, summarizing actions taken on the items transmitted to the Administration and those items filed for the Public Record for the period May 27-June 2, 1998.

 

                        The Committee noted and filed the Public Record.

 

(4)        Boards and Commissions

 

(a)        Request to extend term of Historic Landmarks Commissioner

 

The Committee recommended extending the term of Historic Landmarks Commissioner Pasquale Casalino until such time as the new Historic Landmarks Commissioners are appointed.

 

(5)        Report back on Arena Street Lighting Exemption, Council Policy 4-2. Attachment: Memorandum from City Manager Regina V.K. Williams, dated June 10, 1998, recommending that the Rules Committee approve the requested exemption to Council Policy 4-2 allowing for the installation of high-pressure sodium streetlights in the expanded Arena streetlight exemption area.

 

The Committee directed this item be placed on the June 23, 1998 Council agenda for discussion.

 

            Discussion/Action: See Item 9v for Council action taken.

 

(6)        Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee

 

(a)        Request for exemption to Council Policy 4-3, Outdoor Lighting on Private Development. Attachment: (1) Memorandum from Council Member Fiscalini, dated June 4, 1998, requesting an exemption to Council Policy 4-3. (2) Memorandum from Council Member Johnson, dated June 9, 1998, recommending the issue of exemptions to Council Policy 4-3 be referred to the Planning Department for consideration by the Planning Commission as the appropriate approving body.

 

With Members Powers and Woody in opposition, the Committee referred Council Member Fiscalini’s request for exemption to Council Policy 4-3 to “Orders of the Day” on the June 23, 1998 Council agenda and referred Council Member Johnson’s memorandum to the Administration with direction to develop a process to handle exemptions to Council Policy 4-3 for consideration by the Rules Committee.

 

Discussion/Action: See Item 9x for Council action taken

 

(b)        Direct the City Attorney to reduce the number of positions on the Historic Landmarks Commission from nine to seven. Attachment: Memorandum from Council Member Johnson, dated June 3, 1998, requesting a reduction in the number of positions on the Historic Landmarks Commission.

 

The Committee directed the City Attorney to amend the ordinance governing the number of positions on the Historic Landmarks Commission to reduce the number from nine to seven.

 

(7)        City Council and Rules Committee meeting schedules

 

                        There were none.

 

(8)        Oral communications

 

                        None were presented.

 

(9)        Adjournment

 

                        The meeting was adjourned at 3:15 p.m.

 

Discussion/Action: Upon motion by Vice Mayor Fernandes, seconded by Council Member Powers, and unanimously carried, the Rules Committee report and actions of June 10, 1998 were accepted, with Council discussion of  7b(5) heard under Item 9v and 7b(6)(a), cross-referenced to 9x, deferred to June 30, 1998. Vote: 10-0-1-0. Absent: Pandori.

 

LAND USE AND DEVELOPMENT

8a        PUBLIC HEARING ON APPEAL OF THE PLANNING DIRECTOR’S DECISION to approve a Historic Preservation Permit for a project located at the east side of South Second Street, 200 feet northerly of East Santa Clara Street, on a 0.2 gross acre site in the A(PD) Planned Development Zoning District, for the demolition of a theater/auditorium of the José Theater, a City Landmark Building (HL 91-53), and the incorporation of its front facade into a new project for 116 multi-family attached residential units and 28,800 square feet of commercial/retail units (James Fox/Saratoga Capital, Owner/Developer).  CEQA:  Resolution No. 64273.

            HP 91-12-014 - District 3

 

Documents filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 18, 1998, recommending the City Council uphold the decision of the Planning Director and approve the referenced Historic Preservation Permit and include in its resolution the findings and conditions contained in the attached Historic Preservation Permit. (2) Memorandum from Norberto L. Dueñas, Senior Executive Assistant, dated June 22, 1998, amending the Staff report to reflect the number of units to 116. (3) Proof of publication of Notice of Hearing, submitted by the City Clerk.

 

Discussion/Action: Director of Planning, Building and Code Enforcement, James R. Derryberry, stated the Historic Landmarks Commission did not take a position on the appeal of the Planning Director’s decision to approve a Historic Preservation Permit for a project located on a 0.2 gross acre site in the A(PD) Planned Development Zoning District, for the demolition of a theater/auditorium of the José Theater due to lack of sufficient information, that additional information from the project architect satisfied Staff‘s concern about details of the design of the façade and how its rehabilitation would meet standards of the Secretary of the Interior and Staff recommends Council uphold the Historic Preservation Permit for the Jose Theater. The following speakers addressed the Council: April Halberstadt, Tom Simon and Ellen Garboske of Preservation Action Council, and Karita Hummer, Friends of the José Theater, spoke against approval of the permit. The developer, James Fox, Saratoga Capital, Inc., stated the project has been before the Council several times and undergone major changes and a compromise that saves the lobby of the theater and the façade, which was always going to be saved, would bring back the original look and feel of the theater. He stated the project meets every essential need for the area and addresses issues of housing, retail, infill and blight, that the land would be purchased and rehabilitated under the guidance of the Agency and City and assured Council his company would do quality work. Council Member Pandori expressed concerns about the current process for Planned Development (PD) zonings where Historic Preservation (HP) permits are involved, which create lengthy delays that frustrate the public review process without any significant accomplishments, and requested a referral to the Staff on the issue of coordinating the HP permit with zoning approvals, to come to the Council in one package. He stated his initial support for the project was based on the need for retail space on this core downtown street and he supports upholding the permit. Mayor Hammer concurred with reviewing the coordination of the two permitting processes and requested the review by  City and Agency Staff and the City Attorney report back in the fall of 1998. Council Member Fiscalini moved Council uphold the decision of the Planning Director to approve the Historic Preservation (HP) Permit and moved to direct Staff to redo the façade to include a marquee that is representative of the history of the José Theater and review the interior items described in his memorandum of October 28, 1997, for reuse in the partial restoration of the Jose Theater. Council Member Powers seconded the motion. Referencing Council Member Pandori’s request to review the timing of the permit process, Council Member Johnson noted referrals have been made already for Staff to review changes to the process affecting the sequence of decisions when historic buildings are involved and suggested Council Member Pandori’s referral be brought forward with that discussion. She stated the lobby reuse proposed is an adaptive reuse that would destroy the theater portion of the building and consistent with previous votes, she will not support the project. In response to questions raised by Council Member Pandori regarding the sequencing of the referral and the permit process, Director Derryberry stated that conditions in Council Member Fiscalini’s October 28, 1997 memorandum are conditions of the HP permit before the Council now and pursuant to Council direction, would require documentation and/or preservation of those elements prior to issuance of a demolition permit and the PD permit deals with what will be constructed on the site. In reply to questions from City Attorney Gallo as to which conditions listed in Council Member Fiscalini’s memorandum are included in the HP permit, Director Derryberry stated all items are included except for the marquee that was a redesign and not part of the current permit. David Gazek, Redevelopment Agency Project Manager, stated funding to implement the conditions listed in Council Member Fiscalini’s memorandum is not included in the budget and if approved as conditions to the HP and PD permits, would require the Agency to request an additional $1 million, $750,000 of which would be to save the walls; however, a definitive structural analysis by Biggs Cardosa determined retaining the walls was unfeasible and unsafe, and without the walls, preservation of the ceiling panels, stencil designs and proscenium would cost $250,000. In response to Mayor Hammer’s inquiry as to whether the consultants considered it reasonable to preserve those items, David Gazek stated no funds are budgeted for those items and saving them for incorporation into the building was considered historically inappropriate by historical consultant Carey and Company. Jim Fox stated the consultant recommended using a new sign or plaque to identify the site as the former José Theater because of questions about the authenticity of the sign in the earlier picture of the marquee. Responding to doubts expressed by Mayor Hammer that using the ceiling and wall stencil designs in another place would maintain the historic integrity of the building, he stated those elements are in the auditorium which will be demolished and the only option would be to replicate the designs for reuse, which the consultants do not recommend. Tom Simon of the Preservation Action Council stated he concurred that recreating elements in a new space is inappropriate and agreed with not attempting to duplicate the marquee from photographs. City Attorney Gallo commented that the marquee should be subject to the approval of the Planning Director. Planning Director Derryberry stated that since the signage, or marquee, was not part of the HP permit it is not under his jurisdiction and would be addressed by the Redevelopment Agency as a condition of the PD permit. Mayor Hammer stressed the importance of having a first class marquee compatible with the building’s exterior and the historical nature of the José Theater and stated Council needs to decide which of the elements requested by Council Member Fiscalini should be conditions of the permit, i.e. the walls, stencils and ceiling panels. Council Member Fiscalini stated the proscenium had not been included in the October 28, 1997 memorandum. David Gazek stated reuse of ceiling panels designed for a ceiling over 30 feet high would be incompatible with the new 16-foot ceiling. After further discussion, Council Member Fiscalini accepted the consultant recommendations that items requested in his October 28, 1997 memorandum should be removed as conditions to the HP permit, with the understanding that the ceiling panels will be salvaged for other reuse, if possible, and amended his motion accordingly. On a call for the question, the motion carried, and the appeal was denied and the Planning Director’s decision to approve the Historic Preservation (HP) Permit was upheld, with the removal from the HP permit of the conditions contained in Council Member Fiscalini’s memorandum dated October 28, 1997 pertaining to reuse of historic elements of the José Theater, except that the Ceiling Panels should be salvaged if possible; and the issue of historically appropriate signage identifying the site of the José Theater to be addressed by the Agency at the Planned Development Permit stage, was approved, and Resolution No. 68241, entitled: “A Resolution of the Council of the City of San José Granting a Historic Preservation Permit, Subject to Conditions, to Use Certain Real     Property Described Herein for the Purpose of Demolition of the José Theater Auditorium and the Incorporation of its Rehabilitated Front Façade into a Larger Project for 116 Multi-Family Attached Units and 28,000 Square Feet of Commercial Uses”, was adopted. Vote: 7-4-0-0. Noes: Dando, Diaz, Diquisto, Johnson. Staff was directed to review procedural changes to coordinate the application process when both Planned Development Zoning permits and Historic Preservation permits are involved, to be incorporated into the existing Council referral on revising procedures for dealing with historic buildings, and to report back in the Fall of 1998 with recommendations for Council discussion.

 

Mayor Hammer left the Chambers and Vice Mayor Fernandes assumed the Chair. Council Member Fiscalini left the Chambers at this point in the meeting.

 

9a        Adoption of a resolution authorizing the Director of Aviation to execute a second amendment to the airline operating agreement and permit with Reno Air, Inc., extending the term of the agreement for five (5) years, from July 15, 1998 to July 31, 2003, with projected annual revenue to the City in the amount of $3,650,000.  CEQA:  Resolution No. 67380.  (Airport)

 

Documents filed: Memorandum from Aviation Director Ralph G. Tonseth, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Upon motion by Council Member Johnson, seconded by Council Member Fiscalini, and unanimously carried, Resolution No. 68242, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Aviation to Execute a Second Amendment to Extend the Term to the Airline Operating Agreement and Permit with Reno Air, Inc., with an Annual Adopted Revenue of $3,650,000”, was adopted. Vote: 9-0-2-0. Absent: Fiscalini; Hammer.

 

9c        (1)        Adoption of a resolution declaring results for the General Municipal Election held on June 2, 1998.

(2)        Adoption of a resolution calling for a Consolidated General Municipal Election to be held on November 3, 1998, for the purpose of electing a Mayor and a Council Member from Districts 1 and 3, each for a full term beginning January 1, 1999 and ending December 31, 2002.

(City Clerk)

 

Documents filed: None.

 

Discussion/Action: This item was deferred to June 30, 1998.

 

9f         Approval of an equipment loan agreement with the Department of Defense to support the training of local government public safety personnel to respond to a domestic terrorist event, with loaned equipment and training aids valued at $300,000.  (Emergency Services)

 

Documents filed: Frances E. Winslow, Director, Office of Emergency Services, dated June 3, 1998, recommending approval of said loan agreement with the Department of Defense.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Woody, and unanimously carried, the equipment loan agreement with the Department of Defense was approved and its execution authorized. Vote: 9-0-2-0. Absent: Fiscalini; Hammer.

 

Mayor Hammer returned to the Chambers at this point in the Agenda.

 

9g        Report on bids and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 97-98 Capital Improvement Program, RAS and RNAS VFD Upgrade” to the sole bidder, Clyde G. Steagall, Inc., in the amount of $440,229, and approval of a contingency in the amount of $75,000. CEQA: Exempt. (Environmental Services)

 

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, recommending the award of said contract to the sole bidder, Clyde G. Steagall, Inc. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 1998, recommending approval of said award of contract.

 

Discussion/Action: Upon motion by Council Member Johnson, seconded by Council Member Powers, and unanimously carried, the award of contract to the sole bidder, Clyde G. Steagall, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Fiscalini.

 

9h        Report on bids and approval of award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 97-98 Capital Improvement Program, S.B.B. Settled Sewage Pump Station Motor & Drive Upgrade” to the sole bidder, N.V. Heathorn, Inc., in the amount of $1,183,333, and approval of a contingency in the amount of $180,000. CEQA: Exempt.  (Environmental Services)

 

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, recommending award of contract to the sole bidder, N.V. Heathorn, Inc. (2) Letter from the Treatment Plant Advisory Committee dated June 12, 1998, recommending approval of said award of contract.

 

Discussion/Action:  Upon motion by Council Member Johnson, seconded by Council Member Powers, and unanimously carried, the award of contract to sole bidder, N.V. Heathorn, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Fiscalini.

 

9i         Approval of award for a sole source purchase of 210 Motorola portable radio modems, support cables, and forty (40) battery packs for use with the modems for the Police Department at a total cost of $398,131, including tax and freight, to Motorola, Inc., and authorization for the Director of General Services to execute the purchase order.  (General Services)

 

Documents filed: Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 3, 1998, recommending award to Motorola, Inc., as a Sole Source purchase pursuant to Chapter 1217 of the City Charter.

 

Discussion/Action: Upon motion by Council Member Diaz, seconded by Council Member Powers, and unanimously carried, the award of purchase to Motorola, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Fiscalini.

 

9j         (1)        Report on Request for Proposal for Transit Mall Maintenance and approval of selection of Universal Maintenance.

(2)        Adoption of a resolution authorizing the Director of General Services to:

(a)        Execute a three (3) year agreement with Universal Maintenance for maintenance of the Transit Mall for a first year cost not to exceed $476,290 based on Council appropriation of the funds.  Successive years will be based on the Consumer Price Index, not to exceed 7% per year.

(b)        Exercise one (1) two-year option for renewal based on the Consumer Price Index, not to exceed 7% per year with a cap of 28% over the term of the agreement including the option years, contingent upon Council approval of funds each year. CEQA:  Resolution No. 64273.  (General Services)

 

Documents filed: Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 18, 1998, recommending adoption of said resolution.

 

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Johnson, and unanimously carried, the report was accepted and the selection of Universal Maintenance for Transit Mall Maintenance, was approved, and Resolution No. 68243, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute a Three-Year Agreement with Universal Maintenance for Transit Mall Maintenance in an Amount Not to Exceed $476,290 for the First Year; and to Exercise One (1) Two-Year Options to Renew the Agreement Contingent upon Council Appropriation of Funds”, was adopted. Vote: 10-0-1-0. Absent: Fiscalini.

 

9k        Adoption of a resolution:

(1)        Approving a conditional fund reservation for an acquisition/predevelopment loan of up to $2,368,000 to CORE Development Inc., or its designated partnership, for the development of an 83-unit housing project affordable to low and very low-income seniors on a 1.59 acre site located on the northwest corner of Capitol Expressway and Vista Park Drive.

(2)        Authorizing the Director of Housing to negotiate and execute all necessary documents on behalf of the City.

(3)        Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.

(Housing)

 

Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Upon motion by Council Member Johnson, seconded by Council Member Powers, and unanimously carried, Resolution No. 68244, entitled: “A Resolution of the Council of the City of San José (I) Approving a Conditional Fund Reservation for an Acquisition/Predevelopment Loan of up to $2,368,000 to CORE Development Inc., or its Designated Partnership, for the Development of an 83-unit Housing Project Affordable to Low and Very Low-Income Seniors on a 1.59 Acre Site Located on the Northwest Corner of Capitol Expressway and Vista Park Drive; (II) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents on Behalf of the City, and (III) Finding that the Use of 20% Housing Funds for the Project is of Benefit to the Redevelopment Project Areas in San José”, was adopted. Vote: 10-0-1-0. Absent: Fiscalini.

 

9l         Adoption of a Resolution:

(1)        Approving a fund reservation for up to $3,450,000 to Eden Housing Inc., or its designated partnership, for construction and permanent financing of a 195-unit family rental housing project, affordable to low- and very low- income households, on 7.3 acres of the Ohlone-Chynoweth Light Rail Station site located on the south side of the intersection of Chynoweth Avenue and Pearl Avenue.

(2)        Approving business terms for a predevelopment loan of up to $1,750,000 to Eden Housing, Inc., or its designated partnership, for the subject Ohlone-Chynoweth Commons Housing Project.

(3)        Authorizing the Director of Housing to execute all necessary documents evidencing such loan on behalf of the City.

(Housing)

 

Documents filed: (1) Memorandum from Director of Housing, Alex Sanchez, dated June 18, 1998, recommending approval of said resolution. (2) Memorandum from Council Member Diquisto, dated June 18, 1998, recommending the City Council not approve Eden Housing’s request for a pre-development loan for said project, based upon reservations about Eden Housings eligibility for Federal and State tax credits.

 

Discussion/Action: Council Member Diquisto stated he was not in support of this pre-development loan request based upon Eden Housing’s past record and because of pre-development funds which the Council has already given Eden for this project; he stated market conditions have changed since the project was begun four years ago, that he would prefer to see senior housing at that location, and for those reasons was not in support of the request. Council Member Pandori stated opposition based upon land use issues pertaining to density and school impacts, stating insufficient classroom space in this location would require the bussing of elementary school children, and consistent with his previous vote on the zoning change, he would not support approval. Upon motion by Council Member Powers, seconded by Council Member Johnson, and carried, Resolution No. 68245, entitled: “A Resolution of the Council of the City of San José (I) Approving a Fund Reservation for up to $3,450,000 to Eden Housing Inc., or its Designated Partnership, for Construction and Permanent Financing of a 195-Unit Family Rental Housing Project, Affordable to Low- and Very Low-Income Households, on 7.3 Acres of the Ohlone-Chynoweth Light Rail Station Site Located on the South Side of the Intersection of Chynoweth Avenue and Pearl Avenue; (II) Approving Business Terms for a Predevelopment Loan of up to $1,750,000 to Eden Housing, Inc., or its Designated Partnership, for the Subject Ohlone-Chynoweth Commons Housing Project; and (III) Authorizing the Director of Housing to Execute All Necessary Documents Evidencing Such Loan on Behalf of the City”, was adopted. Vote: 7-3-1-0. Noes: Dando, Diquisto, Pandori. Absent: Fiscalini.

 

9m       Approval of recommendations to address the preservation of the affordable housing stock in San José with expiring Section 8 contracts.  (Housing)

 

Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated June 4, 1998, recommending measures to address the increasing problem of expiring Section 8 contracts in San José.

 

Discussion/Action: Mayor Hammer noted that this issue was direction in her 1998 State of the City speech and thanked Housing Director Alex Sanchez for his work. Director Sanchez stated the Mayor had highlighted housing issues critical not only to San José, but to California, and directed the Administration to develop a broad range of solutions to address the preservation of affordable housing stock with expiring Section 8 contracts. He stated owners now have the ability to repay their mortgages to the Federal Department of Housing and Urban Development (HUD) and convert the properties to market rate units. He stated a working group comprised of representatives of HUD, the Tri-County Apartment Association, both for-profit and non-profit developers, the Real Estate appraisal community, the California Housing Partnership  Corporation, the Santa Clara County Housing Authority, and owners and operators of those developments that have Section 8 units determined there are 1551 units that are at risk over the next several months and Staff’s proposal reflects five action areas with 14 recommendations, many of which will be coming back to Council over the next weeks and months. In summary, he stated Staff recommends the City maintain a strong lobbying presence in Washington and Sacramento, tenant education services to people living in Section 8 units, increasing the supply of affordable housing for Section 8 tenants by setting aside a portion of the existing production program for that purpose, working with the Santa Clara County Housing Authority to provide incentives for existing rental properties that participate in the Section 8 program, preserving Section 8 units by working with owners of the 1551 units at risk, and to provide the Department with staff resources necessary to implement those recommendations. Regarding the request for additional staff, Mayor Hammer pointed out the FY 1998-99 budget with Housing Staff enhancements, is on this agenda for Council action and this project cannot wait for mid-year budget considerations. City Manager Regina V.K. Williams stated the Housing Department had requested staffing allocations which were not included in next year’s budget, however, sufficient staffing for this project will be provided through over strengths or contract employees. Upon motion by Vice Mayor Fernandes, seconded by Council Member Powers, and unanimously carried, the Staff report and recommendations dated June 4, 1998, to address the preservation of the affordable housing stock in San José with expiring Section 8 contracts, were approved. Vote: 10-0-1-0. Absent: Fiscalini.

 

9n        Report on bids and award of contract for the San José International Airport Taxiway Z Reconstruction C & D Project to the low bidder, Granite Construction, in the amount of $550,330.  CEQA:  ND.  (Public Works)

 

Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated June 3 and 17, 1998 recommending the award of said contract to the low bidder, Granite Construction.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Johnson, and unanimously carried, the award of said contract to the low bidder, Granite Construction, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Fiscalini.

 

9o        Report on bids and award of contract for the 1997-98 Street Resurfacing Project to the low bidder, O’Grady Paving, Inc., in the amount of $913,095.  CEQA:  Exempt.  (Public Works)

 

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 3, 1998, recommending the award of contract to low bidder, O’Grady Paving, Inc.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Johnson, and unanimously carried, the award of contract to the low bidder, O’Grady Paving, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Fiscalini.

 

9p        Report on bids and award of contract for the South Bay Water Recycling Program (SBWRP) Infill Pipelines Project to the sole bidder, Ranger Pipelines, Inc., in the amount of $3,106,490, and approval of a contingency in the amount of $310,000, pending concurrence by the Treatment Plant Advisory Committee (TPAC) at its meeting of July 9, 1998.  CEQA:  Resolution No. 64667.  (Public Works)

 

Documents filed: None.

 

Discussion/Action: This item was deferred to June 30, 1998.

 

9q        Adoption of a resolution authorizing the City Manager to negotiate and execute the first supplemental agreement with Union Pacific Railroad (successor to Western Pacific Railroad) for reconstruction of the railroad crossing at the intersection of Sierra Road and Lundy Avenue in an amount not to exceed $435,000.  CEQA:  Exempt.  (Public Works)

 

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Johnson, and unanimously carried, Resolution No. 68246, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Union Pacific Railroad for Reconstruction of the Railroad Crossing at Sierra Road and Lundy Avenue in an Amount Not to Exceed $435,000”, was adopted. Vote: 10-0-1-0. Absent: Fiscalini.

 

9r         Report on bids and award of contract for the Finance Department Remodel Project to the low bidder, Eddie Torrez Construction Company, Inc., in the amount of $186,000, and approval of a contingency in the amount of $30,000.  (Public Works)

 

Documents filed: Memoranda from Director of Public Works, Ralph A. Qualls, Jr., dated June 3 and 17, 1998, recommending the award of contract to the low bidder, Eddie Torrez Construction Company, Inc.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Johnson, and unanimously carried, the award of said contract to the low bidder, Eddie Torrez Construction Company, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Fiscalini.

 

9s        Report on bids and award of contract for the construction of the Route 87 Guadalupe/Charcot Extension Landscape Improvements Project to the low bidder, Watkins and Bortolussi, Inc., to include the Base Bid and Add Alternate No. 1 in the amount of $375,000.  CEQA:  Resolution No. 60197.  (Public Works)

 

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 3, 1998, recommending award of contract to the low bidder, Watkins and Bortolussi, Inc.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Johnson, and unanimously carried, the award of said contract to the low bidder, Watkins and Bortolussi, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Fiscalini.

 

9t         Adoption of a resolution approving the Relocation and Last Resort Housing Plan for residential occupants to be displaced by the Route 87 Absury Street Parking Project west of San Pedro Street, at an estimated cost of $300,000.  CEQA:  ND.  (Public Works)

 

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Johnson, and unanimously carried, Resolution No. 68247, entitled: “A Resolution of the Council of the City of San José Approving a Final Relocation Plan for the Route 87 Asbury Street Parking Project at an Estimated Cost of $300,000”, was adopted. Vote: 10-0-1-0. Absent: Fiscalini.

 

9u        Report on bids and award of contract for the construction of the Story Road Median Island Decorative Paving Project Phase Four to the low bidder, Collishaw Construction, Inc., in the amount of $1,328,915, and approval of a contingency in the amount of $133,000.  CEQA:  Resolution No. 62657.  (Public Works)

 

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 3, 1998, recommending award of contract to the low bidder, Collishaw Construction, Inc.

 

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Johnson, and unanimously carried, the award of said contract to the low bidder, Collishaw Construction, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Fiscalini.

 

9v        Approval of the requested exemption to Council Policy 4-2 allowing for the installation of high-pressure sodium streetlights in the expanded Arena streetlight exemption area.  CEQA:  Resolution No. 60199.

            [Rules Committee referral 6/10/98 - Item 7b(5)]

 

Documents filed: Memorandum from Norberto L. Dueñas, Senior Executive Assistant, dated June 18, 1998, submitting the memorandum from City Manager Regina V.K. Williams, dated 10, 1998, which was submitted to the Rules Committee in support of the requested exemption to Council Policy 4-2.

 

Discussion/Action:  Joe Calmes, Assistant Director, Lick Observatory, University of California, spoke in support of the exemption and stated the City Manager’s report did not address the mitigation measures approved in 1989 as part of the original exemption for that area, i.e., that corresponding high sodium vapor lamps elsewhere in the City would be exchanged for low pressure sodium and asked for that mitigation measure to be included as part of this exemption. He stated the goal of the Observatory is for a particular mix of lights in the City, which would be unbalanced by this exemption and stated the nine-mile radius, which he thought was set aside by the revision of Policy 4-2, is no longer considered a critical issue.  Mayor Hammer stated a mitigation exchange was included in the policy and requested that requirement be included in the motion.   Council Member Shirakawa, Jr., moved approval of the requested exemption to Policy 4-2, including the mitigation exchange. Archer Sully addressed Council regarding the number of exemptions and the mitigation measure and suggested Council involve Lick Observatory early in these types of discussions. Wayne Tanda, Director of the Department of Streets and Traffic, reported it is unlikely there would be any high-pressure lights to exchange, since all high-pressure sodium lights in the City were a result of formal exception by the Council to the policy. Mayor Hammer requested Staff work with Lick Observatory and make whatever exchange is possible. Paul Graves urged Council to give careful consideration before making exceptions and raised concerns about the misdirected and unshielded lights, which impede visibility at the observatory and affect surface traffic visibility. Council Member Johnson stated she could support the exemption because it would have been part of the original proposal had the location of the lots around the Arena been known at that time and supported adherence to the mitigation policy. Due to the discussion of the direction and height of the lights, Vice Mayor Fernandes requested the Staff be prepared to address those issues at the discussion scheduled for the following week on exemptions requested for a golf course and a shopping Center. On a call for the question, the motion carried unanimously, the requested exemption to Council Policy 4-2 allowing for the installation of high pressure sodium streetlights in the expanded Arena streetlight exemption area was approved and Staff was directed to implement the mitigation exchange required by the policy to the extent feasible, and to report back on June 30, 1998, on issues relating to the direction and height issues as part of the discussion on Council Policy 4-3 (Item 9x) which is deferred to June 30, 1998. Vote: 10-0-1-0. Absent: Fiscalini.

 

9w        PUBLIC HEARING and approval of an ordinance amending Sections 20.08.820, 20.08.030, 20.08.880, and 20.08.890 of Chapter 20.08 of Title 20 of the San José Municipal Code to permit the establishment of medical marijuana dispensaries with an administrative permit.  CEQA: Exempt.  (City Attorney’s Office)

 

Documents filed: (1) Memorandum from Planning Commission Secretary, James R. Derryberry, dated June 11, 1998, stated the Planning Commission had voted 5-0-0 to recommend adoption of the proposed Modification to Medical Marijuana Dispensary Ordinance. (2) Proof of publication of Notice of Hearing, submitted by the City Clerk. (3) Letter from Dr. Dennis Augustine, FOCUS, expressing concerns about the proposed ordinance.  (4) Material submitted by Jesse A. Garcia, entitled: “Just think about drugs; then say ‘no’ to US policy.”

 

Discussion/Action: Mayor Hammer opened the Public Hearing. Dr. Dennis Augustine, Friends of Cannabis Under Siege (FOCUS), and former volunteer medical director of the Santa Clara County Medical Cannabis Center, spoke in opposition to the proposed ordinance which he stated is inadequate to help resolve the difficulties governing single site cultivation, restrictions on transportation, patient intake, and verification procedures, safeguarding the confidentiality of patient records, and immunization of primary caregiver and patients to create an uninterrupted supply of medical cannabis to those who quality under Proposition 215. Jesse A. Garcia spoke in opposition to the proposed ordinance and stated concerns of his and other medical marijuana advocates regarding the provision of marijuana under Proposition 215. In response to questions from Council Members Dando and Diquisto regarding the precedence of Federal laws as applicable to San José regulations pertaining to Proposition 215, City Attorney Gallo stated San José ability to regulate medical marijuana dispensaries through its zoning ordinance is not affected by Federal law, that it is the dispensary operators who are at risk and she is working with the County Health Department and District Attorney’s Office to determine ways to verify patient eligibility pertaining to implementation of Proposition 215. Upon motion by Vice Mayor Fernandes, seconded by Council Member Johnson, and unanimously carried, the public hearing was closed, and Ordinance No. 25632, entitled: “An Ordinance of the City of San José Amending Sections 20.08.820, 20.08.830, 20.08.880 and 20.08.890 of Chapter 20.08 of Title 20 of the San José Municipal Code to Permit the Establishment of Medical Marijuana Dispensaries with an Administrative Permit”, was passed for publication. Vote: 9-1-1-0. Noes: Diquisto. Absent: Fiscalini.

 

9x        Request for exemption to Council Policy 4-3, Outdoor Lighting on Private Development.  [Rules Committee referral 6/10/98 - Item 7b(6)(a)]

 

Documents filed: None.

 

Discussion/Action: This item was deferred to June 30, 1998.

 

FISCAL AFFAIRS

10a      Adoption of a resolution amending the Administrative Citation Schedule of Fines to set forth administrative citation fine amounts for violations of the provisions of the San José Municipal Code, effective June 23, 1998, to revise the Administrative Citation Fine Schedule to add fine amounts of $500 and $1,000 for certain violations of Chapters 9.10, 13.44, and 15.14 of the San José Municipal Code relating to solid waste management, water pollution, storm drain discharge, late filing of discharge reports, and discharge of corrosives and interfering substances to the sewer system.  (Environmental Services)

 

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Upon motion by Council Member Johnson, seconded by Council Member Powers, and unanimously carried, Resolution No. 68248, entitled: “A Resolution of the Council of the City of San José Setting Forth the Administrative Citation Schedule of Fines for Certain Violations of the San José Municipal Code, Effective June 23, 1998”, was adopted. Vote: 10-0-1-0. Absent: Fiscalini.

 

10b      Acceptance of the Quarterly Status Report on the implementation of the Group Home Ordinance.  (Planning, Building and Code Enforcement)

 

Documents filed: None.

 

Discussion/Action: At the request of Council Member Pandori, this item was deferred to August 4, 1998.

 

10d      Adoption of resolutions approving City of San José Maintenance Districts 1, 2, 4, 5, 6, and 8 through 15 Annual Budget Reports for Fiscal Year 1998-99 and levying the assessments therein.  (Public Works)

 

Documents filed: None.

 

Discussion/Action: This item was deferred to June 30, 1998.

 

Items 10e and 10f were considered together:

 

10e      Adoption of a resolution continuing the Downtown Retail Validation Program without the necessity of annual approval by the City Council.  (Streets and Traffic)

 

Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated June 22, 1998, recommending adoption of said resolution.

 

Discussion/Action: Council Member Pandori moved approval of Items 10e and 10f and requested a referral to the Downtown Parking Board on the retail validation program as it applies to grocery stores, for report back to the City Council with recommendations. Since grocery stores operate on a much lower profit margin than retail business, usually in the range of 1-2 percent of gross sales, making it difficult to recover those costs, he suggested as one option the possibility of costs being underwritten by the Redevelopment Agency as part of a retail promotion. Council Member Johnson seconded the motion. On a call for the question, the motion carried unanimously, and Resolution No. 68249, entitled: “A Resolution of the Council of the City of San José Continuing the Downtown Retail Validation Program Without the Necessity of Annual Approval by the City Council”, was adopted. Vote: 10-0-1-0. Absent: Fiscalini.

 

10f       Adoption of a resolution setting off street parking rates, modifying the Retail Validation Program, and establishing the Technology Museum Validation Program.  (Streets and Traffic)

 

Documents filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated June 3, 1998, recommending adoption of said resolution.

 

Discussion/Action: Upon motion by Council Member Pandori, seconded by Vice Mayor Johnson, and unanimously carried, Resolution No. 68250, entitled: “A Resolution of the Council of the City of San José Adopting a Master Parking Rate Schedule for Municipal On and Off Street Parking Facilities and for the Downtown Validation Programs, and Repealing Resolution No. 66771”, was adopted. Vote: 10-0-1-0. Absent: Fiscalini.

 

10g      Budget actions, including approval of the Mayor’s Proposed Budget Modifications for Fiscal Year 1998-99 and adoption of resolutions approving:

(1)        Operating Budget for Fiscal Year 1998-99.

(2)        Capital Budget for Fiscal Year 1998-99.

(3)        Five (5) Year Capital Improvement Program for Fiscal Year 1999-2003.

(City Manager’s Office)

(Rules Committee referral 6/17/98)

 

Documents filed: See Budget Document No. 89 dated June 23, 1998 for Mayor Hammer’s memorandum entitled: Addendum to Final Budget Modifications; for the Mayor’s Proposed Budget Modifications for FY 1998-99, see Committee of the Whole meeting of June 22, 1998; for FY 1998-99 Capital Budget and 5-year Capital Improvement Program, see Committee of the Whole meeting of May 20, 1998; and for the FY 1998-99 Operating Budget, see Committee of the Whole meeting of May 21, 1998. (A) FISCAL YEAR 1998-99 BUDGET DOCUMENTS: (1) Memorandum from Mayor’s Budget and Public Policy Director, Bob Brownstein, dated May 12, 1998, establishing the Budget Document Log System. (2) Memorandum from Council Member Fiscalini, dated May 19, 1998, recommending one-time funding of $250,000 from the Year of the Neighborhood Reserve for the Gardner Community Center improvements. (3) Memorandum from Council Member Diquisto, dated May 26, 1998, recommending funding of $179,459 for ongoing costs for six public safety dispatchers in the Fire Department. (4) Memorandum from Council Member Diquisto, dated May 26, 1998, recommending funding of $425,000 for ongoing staffing and training costs in the Fire Department. (5) Memorandum from  Council Member Shirakawa, Jr., dated May 26, 1998, recommending one-time funding of $9,000 for sidewalk construction on Turtlerock Drive. (6) Memorandum from Council Member Diquisto, dated May 26, 1998, recommending one-time funding of $280,000 to install HVAC and upgrade the electrical capacity at the Kirk Center. (7) Memorandum from  Council Member Shirakawa, Jr., dated May 26, 1998, recommending one-time funding of $40,000 for outdoor illumination at Seven Trees School. (8) Memorandum from  Council Member Shirakawa, Jr., dated May 26, 1998, recommending one-time funding of $240,000 for sidewalks, curbs, gutters and street lighting on Little Orchard Street. (9) Memorandum from Council Member Shirakawa, Jr., dated May 26, 1998, recommending one-time funding of $185,000 for sidewalks, curbs, gutters and street lighting on Panoche Avenue. (10) Memorandum from Council Member Shirakawa, Jr., dated May 27, 1998, recommending funding of $1.5 million in the Traffic Signal program to eliminate signal backlogs. (11) Memorandum from Council Member Powers, dated May 29, 1998, recommending one-time funding of $603,000 for median island landscaping for sections of Blossom Hill Road and Santa Teresa Boulevard. (12) Memorandum from Vice Mayor Fernandes and Council Member Shirakawa, Jr., dated May 28, 1998, recommending funding of $150,000 for the San José Conservation Corps to launch the Youth Build San José Program. (13) Memorandum from Vice Mayor Fernandes and Council Member Diaz, dated May 28, 1998, recommending funding of $700,000 for storm damage repairs at Alum Rock Park. (14) Memorandum from Council Member Woody, dated May 28, 1998, recommending one-time funding of $10,000 for marketing the San José Prepared! Program and providing volunteer flood relief. (15) Memorandum from Council Member Pandori, dated May 29, 1998, recommending Year of the Neighborhood funding for planned improvements for the Hensley Historic District Neighborhood. (16) Memorandum from Council Member Woody, dated June 1, 1998,recommending funding of $350,000 for median island landscaping for White Road between Tully Road and Norwood Avenue. (17) Memorandum from Council Member Woody, dated June, 1998, recommending one-time funding of $30,000 for design and construction of an exercise cluster at Fernish Park to meet ADA and safety standards. (18) Memorandum from Council Member Woody, dated June 3, 1998, recommending funding of $50,000 for various programs to increase public awareness and deter domestic violence. (19) Memorandum from Council Member Woody, dated June 1, 1998, recommending one-time funding of $100,000 for installation of a public unisex restroom at Meadowfair Park. (20) Memorandum from Council Members Woody and Shirakawa, Jr., dated June 2, 1998, recommending one-time funding of $175,000 to partially fund an all-weather athletic track at Silver Creek High School. (21) Memorandum from Council Member Diquisto, dated June 3, 1998, recommending one-time funding of $26,000 to resurface asphalt areas at three District 9 parks. (22) Memorandum from Council Member Diquisto, dated June 3, 1998, recommending one-time funding of $18,000 to install one new water fountain and renovate four existing fountains at the Camden Lifetime Activity Center. (23) Memorandum from Vice Mayor Fernandes, dated June 2, 1998, recommending funding of $84,000 for median island landscaping  on Mabury Road from Jackson Avenue to Lava Way. (24) Memorandum from Council Member Woody, dated June 3, 1998, recommending one-time funding of $152,000 for landscape improvements on Capitol Expressway from Aborn to Silver Creek Road. (25) Memorandum from Council Member Diquisto, dated June 3, 1998, recommending $73,503 in ongoing funding to expand the Young Peoples’ Theater Program. (26) Memorandum from Council Member Woody, dated June 2, 1998, recommending one-time funding of $25,000 for an intergenerational project called “The Bridge” linking teenagers and elders through outreach. (27) Memorandum from Vice Mayor Fernandes, dated June 3, 1998, recommending (a) one-time funding of $15,000 for Noble Green School Landscape Beautification, and (b) Referral to Rules Committee for discussion of the City working jointly with School Districts to address upgrading of playground equipment at all City and school parks. (28) Memorandum from Council Member Fiscalini, dated June 3, 1998, recommending funding of $390,000 from the Year of the Neighborhood or Branch Library Capital funding for renovation of Rose Garden library bathrooms to ADA standards and enclosure of the outside patio. (29) Memorandum from Council Member Fiscalini, dated June 3, 1998, recommending Year of the Neighborhood  funding for street light projects in the following priority: $75,000 for Old Hillsdale Community Association, $2,500 for the Gregory Access Point for the Los Gatos Creek Bike Trail, and $50,000 for the Buena Vista Neighborhood. (30) Memorandum from Council Member Fiscalini, dated June 3, 1998, recommending Year of the Neighborhood funding of $225,000 for a traffic signal at Sherman Oaks and Fruit-dale Avenues. (31) Memorandum from Council Member Fiscalini, dated June 3, 1998,    recommending Year of the Neighborhood funding of $180,000 for Pedro Street sidewalks, curbs and gutters. (32) Memorandum from Council Member Fiscalini, dated June 3, 1998, recommending funding for computer conversion for the Mayor and City Council in an equal amount to allocations for the Manager’s Office on a workstation basis. (33) Memorandum from Vice Mayor Fernandes, dated June 3, 1998, recommending funding of $100,000 for furnishing and programming at the joint Alviso Community Center and Library. (34) Memorandum from Council Member Woody, dated June 4, 1998, recommending one-time funding of $11,000 for the Long Term Care Ombudsman Program. (35) Memorandum from Council Member Woody, dated June 3, 1998, recommending one-time funding of $50,000 for additional teachers and program enhancements to existing after-school programs in District 8. (36) Memorandum from Council Member Diquisto and Council Member Fiscalini, dated June 4, 1998, recommending funding of $20,000 to install sidewalks on Almaden Expressway south of Branham Lane. (37) Memorandum from Council Member Woody, dated June 1, 1998, recommending one-time funding of $50,000 for the “WorkNet” Center at Eastridge Mall. (38) Memorandum from Council Member Woody, dated June 4, 1998, requesting re-budgeting of $12,500 from non-personal to the District 8 Office Budget. (39) Memorandum from Council Member Powers, dated June 4, 1998, recommending allocating $200,000 from the Year of the Neighborhood Reserve to supplement shortfalls in the Southside Community Center Renovation Project. (40) Memorandum from Vice Mayor Fernandes, dated June 4, 1998, recommending funding of $230,000 for the History Museums of San José for capital needs and that funds appropriated in the FY1997-98 Mid-Year budget be re-budgeted to 1998-99. (41) Memorandum from Council Members Diaz and Powers, dated June 3, 1998, recommending support for the San José Schools and City Collaborative Executive Advisory Board’s recommendation and approve one-time funding of $32,000 for a staff person for one year to manage the school collaborative effort. (42) Memorandum from Council Member Diaz, dated June 5, 1998, recommending increasing the Homework Center Program budget by $300,000 on an ongoing basis. (43) Memorandum from Council Members Diaz and Diquisto, dated June 5, 1998, recommending augmenting non-personal City Council office budgets by $20,000 each on an ongoing basis to address staff needs. (44) Memorandum from Council Member Diaz, dated June 5, 1998, recommending one-time funding of $200,000 to increase the number of clean-ups per Council District in the City’s Clean-Up Program. (45) Memorandum from Council Member Diaz, dated June 5, 1998, requesting re-budgeting of $12,000 from the District 5 personal budget to the 1998-99 non-personal budget. (46) Memorandum from Council Member Dando, dated June 4, 1998, recommending funding of $236,877 to add two police officer positions for the Family Violence Center as recommended by the Police Department and the Tier One priorities in the Public Safety Augmentation Plan. (47) Memorandum from Council Member Dando, dated June 4, 1998, recommending funding of $5,500 for equipment and $10,000 for staff training at the Family Violence Center. (48) Memorandum from Council Member Dando, dated June 4, 1998, recommending funding of $30,000 for Emergency Trauma Kits for each officer in the Patrol Division of the Police Department. (49) Memorandum from Council Member Dando, dated June 4, 1998, recommending funding of $301,535 for training enhancements in the Fire Department. (50) Memorandum from Council Member Dando, dated June 4, 1998, recommending funding of $77,155 to add the equivalent of one Park Ranger position for services at Almaden Lake Park, Edenvale Garden Park and Guadalupe Oak Grove Park. (51) Memorandum from Council Member Dando, dated June 4, 1998, recommending funding requested by the Child Care Commission: $50,000 for creation of a Child Care and Development Fund, $38,000 for continued funding of the Family Care Small Business Assistance Project Manager’s position and $40,141 for a permanent clerical position in the Office on Child Care and Youth Services. (52)  Memorandum from Council Member Dando, dated June 4, 1998, recommending funding of $123,006 for three positions in the Department of Streets and Traffic to perform proactive signal retiming. (53) Memorandum from Council Member Dando, dated June 4, 1998, recommending funding of $300 as City of San José’s contribution to a memorial plaque dedicating the Highway 85 Median barrier to those persons who lost their lives in median crossover vehicle accidents. (54) Memorandum from Council Member Dando, dated June 4, 1998, recommending funding of $30,000 for repairs and capital improvements at the Almaden Community Center. (55)  Memorandum from Council Member Dando, dated June 4, 1998, recommending $380,000 of Year of the Neighborhood funds for projects in the Almaden and Blossom Valley neighborhoods. (56) Memorandum from Council Member Fiscalini, dated June 4, 1998, recommending funding $430,000 in capital improvements at the San José Arena. (57) Memorandum from Council Member Fiscalini, dated June 8, 1998, recommending funding of $100,000 for the Children’s Musical Theater to continue its Performing Arts Outreach program. (58) Memorandum from Council Member Johnson, dated June 5, 1998, recommending one-time funding of $1.0 million to assist in development of the Moreland-West Community Center. (59) Memorandum from Council Member Johnson, dated June 4, 1998, recommending one-time funding of $127,500 to provide matching funds for a grant to renovate the stage at Castro Middle School. (60) Council Member Johnson, dated June 5, 1998, recommending one-time funding of $10,000 to Social Advocates for Youth. (61) Memorandum from Council Member Johnson, dated June 5, 1998, recommending one-time Year of the Neighborhood funding of $265,000 for a low-maintenance median island landscaping project. (62) Memorandum from Council Member Johnson, dated June 5, 1998, recommending $100,000 in ongoing funding to support an annual grant fund for historic preservation and supporting the purchase of the Clyde Arbuckle Collection, subject to appraisal. (63) Memorandum from Council Member Johnson, dated June 5, 1998, requesting re-budgeting of $22,500 in non-personal budget to Council District One’s FY 1998-99 budget. (64) Memorandum from Council Member Woody, dated June 5, 1998, recommending one-time funding of $15,000 for Self-Help for the Elderly. (65) Memorandum from Council Member Woody, dated June 4, 1998, recommending one-time funding of $150,000 to establish senior nutrition sites at the Evergreen, Berryessa and Kirk Centers. (66) Memorandum from Vice Mayor Fernandes, dated June 4, 1998, recommending one-time funding of $20,000 for needs at Fire Station No. 25. (67) Memorandum from Council Member Johnson, dated June 5, 1998, requesting $33,000 from non-personal services is re-budgeted to the FY 1998-99 non-personal services. (68) Memorandum from Council Members Diquisto and Diaz, dated June 5, 1998, recommending funding of $330,524 for Fire Department issues relating to the Officers Academy, Chief Officer Academy, and Fire Communications Manager and Senior Systems Application Programmer positions. (69) Memorandum from Council Member Diquisto, dated May 28, 1998, recommending one-time funding of $3 million for debt retirement of the Camden Lifetime Activity Center. (70) Memorandum from Council Member Shirakawa, Jr., dated June 5, 1998, recommending one-time funding of $100,000 to partially fund the San José Inner-City Games. (71) Memorandum from Council Member Woody, dated June 4, 1998, recommending one-time funding of $50,000 for the Afribbean 1998 Music & Cultural Festival on August 29-30 at the Guadalupe River Park. (72) Memorandum from Council Member Woody, dated June 3, 1998, requesting one-time funding of $20,000 to complete a study of the African American Community in San José. (73) Memorandum from Council Member Dando, dated June 5, 1998, recommending funding of $20,000 to establish the Japanese-American Chamber of Commerce. (74) Memorandum from Vice Mayor Fernandes, dated June 5, 1998, recommending funding a $100,000 reserve for completion of the Penitencia Creek Parkchain. (75) Memorandum from Bob Brownstein, Mayor’s Budget and Public Policy Analyst, dated June 15, 1998, requesting that $108,250 and $101,920 be re-budgeted from the Mayor’s Office personal and non-personal service appropriations, respectively, to the FY 1998-99 Mayor’s Office non-personal services budget. (76) Memorandum from Council Member Diquisto, dated June 5, 1998, requesting one-time funding for Neighborhood Improvement Projects. (77) Memorandum from Council Member Woody, dated June 5, 1998, recommending one-time funding of $15,000 for ESO’s Healthy Alternatives for African American Babies. (78) Memorandum from Council Member Woody, dated June 4, 1998, recommending funding of $200,000 for a pilot domestic violence community response team called the “Family Violence Response Team” in partnership with the San José Police Department and Next Door. (79) Memorandum from Council Member Woody, dated June 4, 1998, recommending one-time funding of $15,000 for irrigation at Aborn and King Roads. (80) Memorandum from Council Member Shirakawa, Jr., dated June 8, 1998, requesting re-budgeting of $17,700 personal and $27,900 non-personal District 7 funds to 1998-99. (81) Council Member Fiscalini, dated June 5, 1998, requesting re-budgeting of $6,000 from Council District 6 non-personal services to FY 1998-99 non-personal services. (82) Memorandum from Council Member Dando, dated June 10, 1998, requesting re-budgeting of $24,000 from the Council District 10 personal budget and $56,500 from non-personal budget to FY 1998-99 non-personal budget. (83) Council Member Diquisto, dated June 5, 1998, requesting re-budgeting of $11,000 non-personal and $3,000 personal budgets to 1998-99. (84) Memorandum from Council Member Fiscalini, dated June 3, 1998, recommending funding the City Auditor’s request for a Program Performance Officer at a cost of $53, 633. (85)  Council Member Powers, dated June 8, 1998, recommending re-budgeting of $34,000 from Council District 2 non-personal services to 1998-99 non-personal budget. (86) Memorandum from Council Member Pandori, dated June 3, 1998, recommending re-budgeting of $5,500 from personal services and $3,000 from non-personal services to the District 3 FY1998-99 Office Budget. (87) Memorandum from Bob Brownstein, Mayor’s Budget and Public Policy Analyst, dated June 15, 1998, recommending $10,000 and $40,000 be re-budgeted from Council General personal and non-personal service appropriations, respectively, to supplement the $30,000 computer reserve currently proposed for FY 1998-99. (88) Memorandum from Council Member Fiscalini, dated June 22, 1998, recommending funding $100,000 to support the San José Lasers’ transition into the San José Arena for home games. (89) Memorandum from Mayor Hammer, date June 23, 1998, proposing additional budget modifications to her June 17, 1998 recommendations. (B) MANAGER’S FY 1998-99 BUDGET ADDENDA: (1) Memorandum from City Manager Regina V.K. Williams, dated May 14, 1998, scheduling Committee of the Whole Budget Sessions for FY 1998-99. (2) Memorandum from City Manager Regina V.K. Williams, dated June 1, 1998, recommending cancellation of the June 4 Committee of the Whole meeting. (3) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 2, 1998, responding to a Committee of the Whole referral regarding the Integrated Development Tracking System RFP. (4) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 1, 1998, responding to a Committee of the Whole referral regarding Sign Code Enforcement Program Equipment Needs. (5) Memorandum from Budget Director Larry D. Lisenbee, dated June 3, 1998, recommending amending the City Clerk’s Fees and Charges by retaining the current $.10 per image charge and referring to the City Attorney’s Office the review of assessing shipping and handling charges for mailing requests. (5A) Memorandum from City Attorney Joan R. Gallo, dated June 11, 1998, reporting on the modification of the City Clerk’s Fees and Charges to include charging for shipping and handling at actual cost, but not less than $1.00. (6) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 2, 1998, responding to a Rules Committee referral on recommendation of the Historic Landmark Commission on the establishment of grant funding for historical preservation projects in the name of Clyde Arbuckle and purchase of the Clyde Arbuckle historical research collection. (7) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated May 29, 1998, responding to a Committee of the Whole referral regarding streetlight pole repair. (8) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 1, 1998, responding to a Committee of the Whole referral regarding Sign Code Enforcement Program revenue. (9) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 2, 1998, recommending a two-tier fee schedule for street renaming services based on the number of adjacent properties. (10) Memorandum from Budget Director Larry D. Lisenbee, dated June 3, 1998, recommending a technical correction to the Bingo General Permit Fees. (11) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated May 29, 1998, responding to a Committee of the Whole referral on the Spartan Stadium Transportation and Parking Plan. (12) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated June 2, 1998, reporting on funding for street removal in the Guadalupe Gardens project.(13) Memorandum from Aviation Director Ralph G. Tonseth, dated June 1, 1998, responding to a Committee of the Whole referral regarding Airport Master Plan Implementation Requirements. (13A) Memorandum from City Manager Regina V.K. Williams, dated June 10, 1998, responding to a Committee of the Whole discussion regarding requests to the FAA pertaining to funding eligibility for an expanded Airport Acoustical Treatment program. (14) Memorandum from Acting Director of the Office of Equality Assurance, Nina S. Grayson, dated June 1, 1998, responding to Mayor Hammer’s FY 1997-98 Budget Modifications memorandum for the 1998 Economic Empowerment for Small Business Conference. (15) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 3, 1998, responding to a Committee of the Whole referral on Water Pollution Control Plant capacity and projected build-out of the General Plan. (16) Memorandum from Budget Director Larry D. Lisenbee, dated June 3, 1998, amending the proposed FY 1998-99 Capital Budget and 1999-2003 Capital Improvement Program to increase the estimate for 1997-98 receipts of Construction and Conveyance Tax funds. (17) Memorandum from Fire Chief Robert Dorman, dated June 1, 1998, responding to a Committee of the Whole referral regarding Fire Station Nos. 1 and 27. (18) Memorandum from Director of Housing, Alex Sanchez, dated May 27, 1998, recommending modifications to the Housing Department’s FY 1998-99 Operating Budget for staffing changes required to implement the Window Bar Program. 19) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 2, 1998, responding to a Committee of the Whole referral regarding Franchise Application and Permit Fees. (20) Memorandum from Director of General Services, Ellis M. Jones, Jr., and Director of Public Works, Ralph A. Qualls, Jr., dated June 4, 1998, regarding the Central Service Yard Master Plan Status Report and proposed actions to modify Phase 1 Construction. (21) Memorandum from Budget Director Larry D. Lisenbee, dated June 4, 1998, responding to a Committee of the Whole referral about modifying, the Police Block Party Fee schedule. (22) Memorandum from Deputy City Manager, Kay Winer, dated May 26, 1998, responding to a Committee of the Whole referral on capital needs of the History Museums of San José for the San José History Museum. (23) Memorandum from Nancy Johnson, Director of the Department of Conventions, Arts and Entertainment, dated June 3, 1998, responding to a Committee of the Whole referral about a  revised fee proposal for the Arena Green Carousel. (24) Memorandum from Nancy Johnson, Director of the Department of Conventions Entertainment, dated June 10, 1998, responding to a Committee of the Whole referral about parking fees for regional parks. (25) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 4, 1998, recommending funding of $500,000 for a flow reduction outreach campaign in the Environmental Services Department’s non-personal appropriation within the Treatment Plant Operating Fund. (26) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 4, 1998, recommending changes in Flow Reduction Capital Projects. (27) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 3, 1998, responding to a Committee of the Whole referral regarding the development of funding strategies for the Mexican American Community Services Agency and Breakout Ministries. (28) Memorandum from Director of General Services, Ellis M. Jones, Jr., dated June 5, 1998, responding to a Committee of the Whole referral about dead trees at the County Corporation Yard. (29) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 2, 1998, responding to a Committee of the Whole referral regarding the Green Business Recognition Program. (30) Memorandum from Aviation Director Ralph G. Tonseth, dated June 5, 1998, responding to a Committee of the Whole referral regarding clarification of FAA restrictions and reuse efforts for the Guadalupe Gardens area south of the San José International Airport. (31) Memorandum from the Director of Economic Development, Leslie S. Parks, dated June 4, 1998, responding to a 1997 Committee of the Whole referral regarding the Business Cooperation Program related to sales and use tax. (32) Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated June 4, 1998, responding to a Committee of the Whole referral regarding the traffic signal backlog. (33) Memorandum from Nancy Johnson, Director of the Department of Conventions, Arts and Entertainment, dated June 5, 1998, recommending amending the FY 1998-99 CIP to include in the Citywide Parks and Community Facilities fund an additional $400,000 for Alum Rock Park repairs. (34) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 3, 1998, responding to a Committee of the Whole referral regarding senior nutrition programs. (35) Memorandum from Budget Director Larry D. Lisenbee, dated June 5, 1998, recommending amendments to the FY 1998-99 Proposed Capital Budget as described therein. (36) Memorandum from Budget Director Larry D. Lisenbee, dated June 5, 1998, recommending re-budgeting of FY 1997-98 appropriations to FY 1998-99 and minor adjustments to the FY 1998-99 proposed budget. (37) Memorandum from Acting Chief of Police, Walter L. Adkins, dated June 10, 1998, recommending amendments to the San José Municipal Code to require that drivers of Charter-Party Carriers who provide service on City streets be required to obtain a permit. (38) Memorandum from James R. Derryberry, Secretary of the Planning Commission, dated June 8, 1998, reporting on the Commission’s review of the Proposed FY 1998-99 Capital Budget and 1998-2003 Capital Improvement Program. (39) Memorandum from City Manager Regina V.K. Williams, dated June 10, 1998, regarding the establishment of various sinking funds. (40) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated June 10, 1998, recommending a funding increase of $66,456 for Animal Control Services and authorization to issue an RFP process to select a consultant to perform a management audit of the Humane Society of Santa Clara County. (40-A) Memorandum from Budget Director Larry D. Lisenbee, dated June 11, 1998, revising MBA No. 40 regarding Animal Control Service recommendations. (41) Memorandum from City Manager Regina V.K. Williams, dated June 10, 1998, responding to a Committee of the Whole referral regarding the sale of surplus property. (42) Memorandum from City Manager Regina V.K. Williams, dated June 10, 1998, regarding FY 1998-99 Program Sunset recommendations. (43) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 10, 1998, responding to a Committee of the Whole referral regarding the Neighborhood Revitalization Strategy. (44) Memorandum from City Manager Regina V.K. Williams, dated June 10, 1998, responding to a Committee of the Whole referral regarding taxicab program issues. (45) Memorandum from Fire Chief Robert Dorman, dated June 10, 1998, responding to a Committee of the Whole referral regarding the Fire Protection Master Plan and training needs related to attrition and new hires. (46) Memorandum from Director of General Services, Ellis M. Jones, Jr., and Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated June 11, 1998, responding to a Committee of the Whole referral regarding alternative staff deployment for park maintenance.  (47) Memorandum from Frances E. Winslow, Director, Office of Emergency Services, dated June 10, 1998, reporting on the costs of expanding the San José Prepared! program to achieve the goal of one trained team in every neighborhood within three-five years. (48) Memorandum from City Manager Regina V.K. Williams, dated June 15, 1998, recommending an amendment to the Proposed FY 1998-99 Capital Budget and 1999-2003 CIP to fund an additional $1.5 million for traffic signals in the Building and Structure Construction Tax Fund. (49) Memorandum from City Manager Regina V.K. Williams, dated June 15, 1998, recommending that if additional resources become available, funding be appropriated to add one Training Specialist Supervisor and one Office Specialist II to support training activities in the Fire Department. (50) Memorandum from Budget Director Larry D. Lisenbee, dated June 26, 1998, transmitting a Revised Source and Use Statement for all funds where revisions to the published 1998-99 Proposed Operating and Capital Budgets have been recommended.

 

Discussion/Action: Upon motion by Council Member Pandori, seconded by Council Member Diaz and unanimously carried, Mayor Hammer’s Proposed FY 1998-99 Budget Modifications dated June 17, 1998 and Mayor Hammer’s Addendum to Final Budget Modifications dated June 23, 1998 were approved, Resolution No. 68251, entitled: “A Resolution of the Council of the City of San José Adopting and Approving the Operating Budget for Fiscal Year 1998-99”; Resolution No. 68252, entitled: “A Resolution of the Council of the City of San José Adopting and Approving the Capital Budget for Fiscal Year 1998-99”, and Resolution No. 68253, entitled: “A Resolution of the Council of the City of San José Adopting and Approving the Five-Year Capital Improvement Program for Fiscal Year 1999-2003,” were adopted, and as part of the recommendations in Mayor Hammer’s Addendum dated June 23, 1998, Staff was directed to amend the Capital Improvement Program for the District 3 Parks Budget to defer the Watson Park irrigation project for one year.  Vote: 10-0-1-0. Absent: Fiscalini.

 

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS

The City Council convened the Redevelopment Agency Board at 6:49 p.m. to consider Item 11a in a Joint Session.

 

11a      Adoption of a resolution authorizing:

(1)        Assignment of the existing land lease between the Redevelopment Agency and Housing for Independent People, Inc. (HIP) to the City of San José for the Julian Street Inn homeless shelter, at the southeast corner of Julian and Montgomery Streets.

(2)        Approval of a lease of the land by the City of San José to InnVision for $1 per year for a ten-year term, with two (2) five-year options to renew.

(3)        Approval of an assumption by InnVision of the $140,000 zero percent building development loan between the City of San José and HIP.

(4)        Authority for the Director of Housing and the Executive Director to negotiate and execute any required documents.

(City Manager’s Office/Redevelopment Agency)

 

Documents filed: Memorandum from City Manager Regina V.K. Williams, and Redevelopment Agency Executive Director Frank Taylor, dated June 4, 1998, recommending adoption of said resolutions.

 

Discussion/Action: Upon motion by Council Member Johnson, seconded by Council Member Fiscalini, and unanimously carried, Resolution No. 68254, entitled: “A Resolution of the Council of the City of San José (I) Approving the Assignment of the Lease for the Julian Street Inn Between the Redevelopment Agency and Housing for Independent People, Inc. (HIP) to the City, (II) Approving a Lease Amendment Modifying the Lease Payments and Lease Term, (III) Approving an Assumption of the $140,000 City Loan by InnVision; and (IV) Authorizing the Director of Housing to Negotiate and Execute All Required Documents on Behalf of the City”, was adopted. Vote: 9-0-2-0. Absent: Fiscalini, Johnson.

 

            The Redevelopment Agency Board portion of the meeting was adjourned at 6:50 p.m.

 

CLOSED SESSION REPORT

City Attorney Gallo disclosed the following Closed Session actions of June 23, 1998:

 

A.        Pending Litigation - Settlements Authorized:

1.         Case Name: In re Burdine

Substance of litigation: Approval of settlement of workers’ compensation claim in the amount of $80,000

 

Council Vote: Ayes:            Dando, Diquisto, Fernandes, Powers, Shirakawa, Woody; Hammer.

Noes:         None.

Absent:       Diaz, Johnson, Pandori, Shirakawa.

Abstain:      None.

 

2.         Case Name: In re Zwemke

Substance of litigation: Approval of settlement of workers’ compensation claim in the amount of $56,832.31.

 

Council Vote: Ayes:            Dando, Diquisto, Fernandes, Powers, Shirakawa, Woody; Hammer.

Noes:         None.

Absent:       Diaz, Johnson, Pandori, Shirakawa.

Abstain:      None.

 

ORAL COMMUNICATIONS

(1)        Cathy Brandhorst addressed the Council on various issues.

(2)        Artie Lashbrook addressed the Council on health issues.

 

ADJOURNMENT

The Council of City of San José adjourned at  7:00 P.M. in memory of Susan Yoachum, a political reporter for the San José Mercury News for two decades and more recently, the political editor for the San Francisco Chronicle.

 

 

SUSAN HAMMER, MAYOR

 

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK