MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, SEPTEMBER 19, 2000

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

Present: Council Members - Chavez, Dando, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales.

Absent: Council Members - Diaz (excused).

Vacant: District 4.

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 Tortelson; (2) Souza v. City of San José, et al.; (3) Goode, v. City of San José, et al.; and (4) Brooks v. City of San José, et al.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:50 a.m. and reconvened at 1:33 p.m. in the Council Chambers.

Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales.

Absent: Council Members - None.

Vacant: District 4.

INVOCATION

Pastor Linda Boston, Grace Lutheran Church, delivered the Invocation.

(District 8)

PLEDGE OF ALLEGIANCE

Mayor Gonzales led the Pledge of Allegiance.

ORDERS OF THE DAY

Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers,and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-1-0-1. Absent: Diaz. Vacant: District 4.

CEREMONIAL ITEMS

5a Presentation of Keep California Beautiful (KCB) Awards by KCB President Barry Edwards and Executive Director Marlene Mariani to members of the San José Beautiful Steering Committee. (Parks, Recreation and Neighborhood Services) (Deferred from 8/29/00 – Item 5a and 9/5/00 – Item 5c)

Documents filed: None.

Discussion/Action: Mayor Gonzales invited to the podium Darrell Young, Director of the California Department of Conservation, who presented the City an award on behalf of California’s First Lady Sharon Davis for San José’s selection of City of the Year by KCB, whose Executive Director Marlene Mariani joined the Mayor in presenting awards to the San José Beautiful Steering Committee in recognition of the Committee’s selection as one of the best “Keep California Beautiful” programs in the State for the year 2000. Accepting on behalf of the San José Beautiful Steering Committee was Bonita Gibson.

5b Presentation of a commendation to Robert Pfahnl for 15 years of service to San José Beautiful. (Parks, Recreation and Neighborhood Services)

(Deferred from 8/29/00 – Item 5b and 9/5/00 – Item 5d)

Documents filed: None.

Discussion/Action: Mayor Gonzales presented a commendation to Robert E. Pfahnl for his fifteen years of volunteer service on the Steering Committee and for spearheading the creation of the “Friends of San José Beautiful”.

5d Presentation of plaque to Diane Jantzen for 4 years 1 month service on the Child Care Commission. (Mayor)

Documents filed: None.

Discussion/Action: Mayor Gonzales presented a plaque to Diane Jantzen for her service of over four years on the Child Care Commission.

5f Presentation of a commendation recognizing the Sabercats for a great season. (Mayor) (Rules Committee referral 9/13/00)

Documents filed: None.

Discussion/Action: Mayor Gonzales presented a commendation to San José Sabercats, the Western Division Champions in the Arena Football League, in recognition of their great season. Accepting the commendation were the Sabercats’ Managing General Partner Ramune Ambrozaitis and Vice President of Marketing Hank Stern.

CONSENT CALENDAR

Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 10-0-0-0-1. Vacant: District 4.

Ordinances for Final Adoption

6b(1) ORD. NO. 26192 – Amends Section 2.04.4020 of Chapter 2.04 of Title 2 of the San José Municipal Code to authorize the Chief of Police to issue subpoenas for investigations by the San José Police Department Professional Standards and Conduct Unit of citizen and departmental complaints against Police Officers.

Documents filed: Proof of publication of title of Ordinance No. 26192, dated September 12, 2000, submitted by the City Clerk.

Discussion/Action: William J. Garbett spoke in opposition to the proposed amendment. Ordinance No. 26192 was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

6b(2) ORD. NO. 26193 – Amends Section 3.50.130 of Chapter 3.50 of Title 3 of the San José Municipal Code to clarify that members of the PTC 457 Deferred Compensation Plan may elect to have distributions made in installments.

Documents filed: Proof of publication of title of Ordinance No. 26193, dated September 12, 2000, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26193 adopted. Vote: 10-0-0-0-1. Vacant: District 4.

6b(3) ORD. NO. 26194 – Rezones certain real property situated at the west side of King Road at the westerly terminus of Commodore Drive. PDCSH 00-03-022

Documents filed: (1) Supplemental memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated September 14, 2000, providing supplemental information pertaining to the subject rezoning request. (2) Proof of publication of title of Ordinance No. 26194, dated September 12, 2000, submitted by the City Clerk.

Discussion/Action: Bill Fellman and Beverly Walker, residents of the neighborhood, expressed concerns about traffic impaction from the proposed project and stated a petition has been circulated in the neighborhood to request the City to install a traffic signal light at King Road and Commodore Drive; and requested that an access road exiting the project to the west be incorporated into the project plans to mitigate the acceleration of traffic which the proposed project is expected to generate. Public Works Director Qualls explained that capital improvements scheduled for 2002-2003 in the area include widening King Road from Mabury to Berryessa; however, is complicated by jurisdictional issues pertaining to construction of a road bridge over Penitencia Creek, and the delivery of the bridge project is itself complicated by the Water District’s plans to build a bypass channel, and by a proposed equestrian trail. He stated installing a signal prior to those improvements would require the signal to be modified to fit the current location and again to fit the improved site. Mayor Gonzales requested the issue be referred to Staff for further review and report to Council and stressed to the community that their comments will be considered as the City reviews the jurisdictional issues and the need to resolve the creek and flood issues. Vice Mayor Fiscalini urged Staff to make every effort to accelerate the work in the area to mitigate the traffic concerns expressed by the speakers. Ordinance No. 26194 was adopted, and Staff was directed to review the traffic concerns indicated by the neighborhood’s request for a traffic signal at King Road and Commodore Drive, an access road exiting to the west of the proposed project, and the feasibility of accelerating the capital improvements scheduled for the area in fiscal year 2002-2003. Vote: 10-0-0-0-1. Vacant: District 4.

6b(4) ORD. NO. 26196 – Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.

Documents filed: None.

Discussion/Action: See Item 11a(2) for Council action taken.

6b(5) ORD. NO. 26197 – Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment Project Areas and making certain findings.

Documents filed: None.

Discussion/Action: See Item 11a(3) for Council action taken.

6b(6) ORD. NO. 26198 – Amends Chapter 20.44 of title 20 of the San José Municipal Code by amending Sections 20.44.1230 and 20.44.1240 to allow the Director of Planning, Building, and Code Enforcement to review and approve administratively certain single family house permits for houses listed on the historic inventory or located in a conservation area and to make minor clarifications to the single family house permit process.

Documents filed: Proof of publication of title of Ordinance No. 26198, dated September 12, 2000, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26198 adopted. Vote: 10-0-0-0-1. Vacant: District 4.

6b(7) ORD. NO. 26199 - Rezones certain real property situated at the northerly terminus of Silence Drive. PDC 99-05-045

Documents filed: Proof of publication of title of Ordinance No. 26199, dated September 12, 2000, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26199 adopted. Vote: 10-0-0-0-1. Vacant: District 4.

6b(8) ORD. NO. 26200- Prezones certain real property situated at the northeast and southeast corners of Murillo Avenue and Ruby Avenue. PDC 00-03-016

Documents filed: Proof of publication of title of Ordinance No. 26200, dated September 12, 2000, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26200 adopted. Vote: 10-0-0-0-1. Vacant: District 4.

6b(9) ORD. NO. 26201 - Rezones certain real property situated at the south side of West San Carlos Street, approximately 250 feet easterly of Josefa Street. C 00-05-033

Documents filed: Proof of publication of title of Ordinance No. 26201, dated September 12, 2000, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26201 adopted. Vote: 10-0-0-0-1. Vacant: District 4.

Plans and Specifications

6d(1) TRACT NO. 9233 - East side of Nieman Boulevard, 300 feet southerly of Blanding Avenue - Blacksmith Homes LLC, A California Limited Liability Company By: St. Thomas Construction, Inc., A California Corporation, Its Managing Member (Developer) - 15 single family detached residential units. Approval of a parkland agreement and adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9233. CEQA: ND. District 8. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 12, 2000, recommending approval of a parkland agreement and adoption of said resolutions.

Discussion/Action: Resolution No. 69899, 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. 9233; Resolution No. 69900, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9233”; Resolution No. 69901, 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. 9233”; and Resolution No. 69902, 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. 9233”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.

Contracts/Agreements

6e(1) Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #11, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents filed: (1) Memorandum from Director of General Services, Steve S. Yoshino, dated August 28, 2000, recommending approval of said open purchase orders. (2) Letter from the Treatment Plant Advisory Committee dated September 15, 2000, stating concurrence with the Staff recommendation.

Discussion/Action: The award of open purchase orders List No. 11 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 10-0-0-0-1. Vacant: District 4.

6e(2) (a) Approval of the first amendment to the agreement for consultant services with DMG - Maximus, to conduct a study of the Planning, Building and Code Enforcement Department’s development fee program, extend the agreement term through February 23, 2001, and increase compensation by $114,000, from $44,000 to $158,000.

(b) Adoption of appropriation amendments in the General fund in the amount of $64,000 to Planning, Building and Code Enforcement for a Development Fee Study.

(Planning, Building and Code Enforcement/City Manager's Office)

Documents filed: None.

Discussion/Action: This item was deferred to September 26, 2000.

6e(3) Approval of a consultant agreement with APC International, Inc., for construction management services for the Street Lights Citywide 2000 Phase C Project and the Forest-Rosa Sanitary Sewer Supplement Phase II Project for a total amount not to exceed $70,100. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 28, 2000, recommending approval of said agreement with APC International, Inc.

Discussion/Action: The agreement with APC International, Inc., was approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 4.

6e(4) Approval of Contract Change Order No. 4 for the Fire Station No. 27 Project with Eddie Torrez Construction Company, Inc. in the amount of $46,066.09, for a total contract amount of $1,085,345.09. CEQA: ND. (Public Works)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 28, 2000, recommending approval of Contract Change Order No. 4 with Eddie Torrez Construction Company, Inc.

Discussion/Action: Contract Change Order No. 4 with Eddie Torrez Construction Company, Inc., was approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 4.

Routine Legislation

6f(1) Adoption of appropriation ordinance and funding sources resolution amendments in the General fund to increase the Police Department’s non-personal expenses and equipment appropriations by $415,349, as reimbursement under SB720 from the County of Santa Clara, for additional Printrak Livescan acquisition, storage expansion, and maintenance. (Police/City Manager’s Office)

Documents filed: Memorandum from Chief of Police, William M. Lansdowne and Budget Director Larry D. Lisenbee, dated August 28, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: Ordinance No. 26203, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund to Increase the Police Department’s Non-personal Expenses and Equipment by $415,349 as Reimbursement Under SB720 from the County of Santa Clara for Additional Printrak Livescan Acquisition, Storage Expansion, and Maintenance; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69903, entitled: “A Resolution of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund “, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.

6f(2) Adoption of appropriation ordinance and funding sources resolution amendments in the Local Law Enforcement Block Grant (LLEBG) Fund to reconcile actual 1999-2000 expenditures and allow the expenditure of interest from the 1998-2000 grant. (Police/City Manager’s Office)

Documents filed: Memorandum from Chief of Police, William M. Lansdowne and Budget Director Larry D. Lisenbee, dated August 28, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: Ordinance No. 26204, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Local Law Enforcement Block Grant (LLEBG) Fund in the Amount of $368,191 for Use in Outfitting Four Command Utility Vehicles; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 69904, entitled: “A Resolution of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the Local Law Enforcement Block Grant Fund (LLEBG)”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.

COMMISSION, COMMITTEE, AND STANDING REPORTS

7b Report of the Rules Committee – September 6, 2000

Vice Mayor Fiscalini, Chair

Documents filed: Rules Committee report of September 6, 2000.

(1) Review September 19, 2000 Draft Agenda

The Committee approved the September 19, 2000 City Council agenda with one addition.

(2) Add New Items to September 12, 2000 Amended Agenda

The Committee recommended six additions to the September 12, 2000 City Council agenda.

(3) Meeting Schedules

There were none.

(4) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated August 31, 2000, listing items transmitted to the Administration and those items filed for the Public Record for the period August 23-29, 2000.

The Committee noted and filed the Public Record.

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

(a) Status report on request to add a retiree to the Federated Retirement Board

The Committee deferred this item to the September 13, 2000 Rules Committee meeting.

(6) Oral communications

None were presented.

(7) Adjournment

The meeting was adjourned at 2:03 p.m.

Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Rules Committee report and actions of September 6, 2000, were accepted. Vote: 10-0-0-0-1. Vacant: District 4.

GENERAL GOVERNMENT

9c Adoption of a resolution amending Salary Resolution No. 51870 to simplify and adjust the Senior Executive Performance Program (SEPP) salary structure and ranges, effective July 1, 2000. (City Manager’s Office)

Documents filed: Memorandum from City Manager, Del D. Borgsdorf, dated August 28, 2000, recommending adoption of said resolution.

Discussion/Action: Upon motion by Council Member Fiscalini, seconded by Council Member Diaz, and unanimously carried, Resolution No. 69905, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 51870 and the City of San José Pay Plan by Approving Revisions to the Senior Executive Performance Program (SEPP) Salary Structure and Ranges, Authorizing the City Manager to Make Retroactive Salary Adjustments Relating to Placement in the SEPP and to Include Specified Classifications into the Program for the Fiscal Year 2000-2001 Rating period Effective July 1, 2000”, was adopted. Vote: 10-0-0-0-1. Vacant: District 4.

9d (1) Approval of the proposed process and criteria for the 2001-02 Community Development Block Grant (CDBG) application cycle.

(2) Approval of an amendment to the Consolidated Plan Citizen Participation Plan incorporating a multi-year planning process for the CDBG Program.

(Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated September 8, 2000, recommending Council approve the proposed process and criteria for the 2001-02 CDBG application cycle, and approve said amendment to the Consolidated Plan Citizen Participation Plan.

Discussion/Action: Upon motion by Council Member Shirakawa, Jr., seconded by Council Member Fiscalini, and unanimously carried, the process and criteria proposed for the 2001-02 Community Development Block Grant application cycle, and the related amendment to the Consolidated Plan Citizen Participation Plan, was approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 4.

9f (1) Approval of the Independent Police Auditor's response to the Grand Jury Report regarding the Investigation on the Oversight Systems for Reviewing Use-of-Force Cases in the San Jose Police Department. (Office of the Independent Police Auditor)

(2) Approval of the City Manager's response to the Grand Jury Report regarding the Investigation on the Oversight Systems for Reviewing Use-of-Force Cases in the San Jose Police Department. (City Manager's Office)

(Continued from 9/12/00 – Item 9b)

Documents filed: (1) Memorandum from Independent Police Auditor Teresa Guerrero-Daley, dated September 8, 2000, recommending Council approve the Police Auditor’s Response to the 1999-2000 Santa Clara County Civil Grant Jury’s report entitled, “Investigation of the Oversight System for Reviewing Use-of-Force Cases in the San José Police Department.” (2) Memorandum from City Manager, Del D. Borgsdorf, dated September 10, 2000, recommending Council approve the responses in the attached memorandum from the Chief of Police as the City’s official response to the Grand Jury’s Report. (3) Memorandum from City Attorney Richard Doyle, dated September 6, 2000, clarifying issues in the above-referenced reports which relate to the City Attorney’s Office, which were also addressed in the Grand Jury’s Report.

Discussion/Action: Ross Signorino addressed Council on procedural issues. Council Member Woody stated that comments in the report that mutual trust between the Police Department and the community must occur in order that the partnership which is critical to public safety can develop and flourish describe the desire of the City Council in order to create a climate where the community feels involved. Upon motion by Council Member Woody, seconded by Council Member Diquisto, and unanimously carried, the responses of Independent Police Auditor Teresa Guerrero-Daley and City Manager Del Borgsdorf to the Grant Jury Report regarding the Investigation on the Oversight Systems for Reviewing Use-of-Force Cases in the San Jose Police Department, were approved. Vote: 10-0-0-0-1. Vacant: District 4.

9g Approval of the City Attorney's response to the Grand Jury Report regarding the Inquiry into Economic Evaluation of the Cost of Relocating San José City Hall to the Downtown Area. (City Attorney's Office)

(Continued from 9/12/00 – Item 9c)

Documents filed: Memoranda from City Attorney Richard Doyle, dated September 8 and 19, 2000, recommending Council approve a response to the Grant Jury Report regarding the Inquiry into Economic Evaluation of the Cost of Relocating San José City Hall.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the City’s Attorney’s proposed response to the Grand Jury Report entitled: “Inquiry into Economic Evaluation of the Cost of Relocating San José City Hall”, was approved. Vote: 10-0-0-0-1. Vacant: District 4.

9h Approval of the City Manager's response to the Grand Jury Report regarding the Inquiry into Alleged Violations of the City of San José Code of Ethics. (City Manager's Office) (Continued from 9/12/00 – Item 9d)

Documents filed: Memorandum from City Manager, Del D. Borgsdorf, dated September 7, 2000, recommending Council approve the City Manager’s response to the 1999-2000 Santa Clara County Grand Jury’s Final Report entitled: “Inquiry into Alleged Violations of the City of San José Code of Ethics.”

Discussion/Action: The City Manager’s response to the Grand Jury’s Final Report entitled: “Inquiry into Alleged Violations of the City of San José Code of Ethics”, was approved. Vote: 10-0-0-0-1. Vacant: District 4.

9i Report of League of California Cities Annual Conference and Board Meeting. (Woody) (Rules Committee referral 9/13/00)

Documents filed: None.

Discussion/Action: This item was deferred to September 26, 2000.

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS

Council convened the Redevelopment Agency Board at 2:35 p.m. to consider Item 11a in a Joint Session.

11a (1) Adoption by the City Council of a response to written objections from property owners and taxing entities to the adoption of the Neighborhood Business Clusters Redevelopment Plan and the merger of the Neighborhood Business Clusters Redevelopment Plan into the San Jose Merged Area Redevelopment Plan.

(2) Final adoption of Ordinance No. 26196 – Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.

(3) Final adoption of Ordinance No. 26197 – Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment Project Areas and making certain findings.

Documents filed: None.

Discussion/Action: This item was deferred to October 3, 2000.

The Council of the City of San José adjourned the Redevelopment Agency portion of the meeting at 2:36 p.m.

9e (1) (a) Discussion of the schematic design of the New San José Civic Center Project as shown on Attachments A-G titled “New Civic Center Schematic Design,” dated September 5, 2000, and direction to staff for continuation into the Design Development and Construction Document phases of the architectural services for the Project.

(b) Approval of the final project budget estimate for the New Civic Center Project in the amount of $255 million for the facility cost and $33 million in costs for site acquisition and relocation costs by the Redevelopment Agency, for a total project budget of $288 million.

(c) Direction to staff to pursue the financing, construction, and operation of the 1350 parking spaces to serve the new Civic Center, which would be financed through the Parking Authority and leased by the City on land to be acquired by the Redevelopment Agency.

CEQA: Resolution No. 68905. (Public Works)

(2) Approval of the first amendment to the agreement with Turner Construction Company for construction management services for the New San José Civic Center Project to add the design development and construction document phases in the amount of $1,613,000, for a total agreement in the amount of $2,013,000, and to extend the term of the agreement from December 31, 2000 to December 31, 2002. CEQA: Resolution No. 68905. (Public Works)

(3) Adoption of appropriation ordinance and funding sources resolution amendments in the Civic Center Construction Fund. (City Manager’s Office)

(4) Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with Richard Meier & Partners, Architects, for architectural services for the New Civic Center Project to add the design development and construction document phase services in an amount not to exceed $14,900,000, for a total agreement amount not to exceed $20,000,000, and to extend the term of the agreement from December 31, 2000 to December 31, 2002. CEQA: Resolution No. 68905. (Public Works)

(Deferred from 8/29/00 – Item 9i)

Documents filed: (1) Memorandum from Mayor Gonzales, dated September 13, 2000, recommending approval of Staff Recommendation Nos. 1 and 3 dated September 12, 2000, regarding the schematic design for the new City Hall and financing strategy, and referral of Staff Recommendation No. 2 to Staff for report back to Council in 60 days on the Mayor’s Recommendation Nos. 1-5 which direct Staff to take certain measures to ensure the project budget does not exceed $260 million. (2) Memorandum from Mayor Gonzales and Council Member Chavez, dated September 13, 2000, recommending Staff be directed to review alternatives to freestanding parking garages associated with the new City Hall, to include exploring potential partnerships with developers to achieve mixed use parking projects, multiple sites, and more below-grade parking. (3) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 11, 2000, recommending: (a) Council discussion of the schematic design of the New San José Civic Center Project as shown on Attachments A-G therein; (b) Council approval of the final project budget estimate for the proposed project; and (c) Council direction to Staff to pursue the financing, construction and operation of the 1350 parking spaces to serve the new Civic Center which would be financed through the Parking Authority and leased by the City on land to be acquired by the Redevelopment Agency. (4) Supplemental memorandum from Acting Director of Finance, Mark Burton, dated September 12, 2000, providing supplemental analysis of the financial feasibility of the project. (5) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 11, 2000, recommending approval of a first amendment to said agreement with Turner Construction Company for construction management services for the New San José Civic Center Project. (6) Memorandum from Budget Director Larry D. Lisenbee, dated September 13, 2000, recommending approval of said appropriation ordinance and related revenue resolution amendments. (7) Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated September 11, 2000, recommending Council authorize the City Manager to execute an amendment to the agreement with Richard Meier & Partners, Architects, for said architectural services for the New Civic Center project. (8) Correspondence from individuals commenting on various aspects of the proposed New Civic Center project. (9) Hard copies of the Power Point presentation given by Acting Finance Director Mark Burton, Public Works Director Ralph Qualls, and Architect Richard Meier.

Discussion/Action: Director of Public Works, Ralph Qualls, introduced the Staff report and recommendations for the next milestone in the Civic Center Project, which include discussion of the schematic design and direction to continue the development for the rest of the design and construction documents, a recommendation regarding the final budget, and a discussion regarding a parking alternative for off-site parking. He stated prior to his presentation on the budget aspects of the project, Mark Burton, the Acting Director of Finance, will review the financial components of the project, and the architect, Mr. Richard Meier, will present further details of the project which have developed during the schematic phase. He stated two companion items would amend the contracts to the consultants, Richard Meier & Partners, Architects, and Turner Construction Company. Mark Burton, Acting Director of Finance, presented the financial feasibility analysis which was used to determine the cash flow required to fund the project over the life of the bond period of thirty years, which addresses how the City will pay for the cost of the City Hall building, its related costs and debt service, and which shows that a savings of over $100 million would be achieved over the life of the bonds as compared with the costs of leasing. He stated the new Civic Center would benefit the City by allowing relocation of the civic offices to downtown and facilitating increased efficiencies, productivity, enhanced customer service, and saving millions of taxpayer money. With a Power Point video presentation of graphic charts, he illustrated how comparative lease costs were achieved by projecting current lease costs to contract end periods and projecting accelerations of lease costs to the year 2005, when the move into City Hall is expected to occur. He stated the summary, using conservative estimates, shows in excess of $100 million in savings over the life of the bonds, with the costs of debt service on the Civic Center and the renovated City Hall, parking lease costs, and the operating and maintenance costs for both the renovated City Hall and the new Civic Center included. Responding to questions by Council Members Woody and Dando about projections for housing new employees within the new City Hall building versus new employees who would be housed in other locations due to the services provided, Public Works Director Qualls stated the number of new employees for departments located in City Hall would be small over the first 4-5 years of occupancy and various options exist for accommodation within the building. Vice Mayor Fiscalini stated the financial feasibility report’s conservative estimate of savings in excess of $100 million over the life of the bonds—which would be even greater if extended to the estimated useful life of the building of 50 years—indicates the City Council is adhering to the letter and spirit of Measure I and keeping faith with the voters who endorsed the concept of achieving taxpayer savings and government efficiencies by relocating City Hall downtown. Introducing the discussion of the Project Budget Estimate, Staff Recommendation No. 2, Public Works Director Qualls reviewed the six steps of the project milestones, stated that at Milestone No. 1, Project Initiation, the original program estimate was $214 million and the project, having gone through programming, planning, design development, is now at Milestone No. 3—the budget estimate. To illustrate the level of unknowns which produced the $214 million figure that has now escalated to $260 million, he explained that Staff started with the program estimate which showed the project initiation phase and level of certainty, which was very wide, in the original concept, known as the Sasaki Plan. He stated the cost report in Attachment G to the Staff report shows Scheme A, the original program estimate with the operative number of $214 million, escalated to the year 2003 for those expenses which extend to that point—since land costs and consultant costs are spent earlier—resulting in the $260 million figure. He stated the Milestone 3 budget estimate, according to the adopted estimate policy, has a level of certainty of plus or minus 10%; therefore, the cost report represents Scheme B in Attachment G and shows $218 million at the point at which the construction figures are bid and consists of the price of the construction and a contingency amount. He stated the $255 million represents the total number that would be used for sizing the bond issue and includes the cost of issuing the bonds, costs for design and construction management, and the cost of the building. He stated the final number of $288 million contained in the Staff recommendation includes the additional $33 million contribution by the Redevelopment Agency for the site costs. Public Works Director Qualls introduced Architect Richard Meier to discuss his schematic design. Mr. Meier stated from the Council’s positive response to the design at the March 29, 2000 meeting, he perceived there was great support on the Council for a City Hall as a public place with the first priority being on public facilities and as a place for community events and gatherings, that welcomes the public as well as solving the need to house City employees in a fine working environment. He stated Council’s comments gave clear direction in terms of the design and, as a result, he has developed the public plaza with seating and shade considerations, the rotunda space, the one-stop permit center and the public meeting rooms, as well as defining more clearly the work spaces and how the program would be allocated in various parts of the building. He stated the design team was asked to consider the building scale from the south and, as a result, the south building has been lowered by two floors and space incorporated into the tower, which has also been lowered by two floors, reducing the height of the building to nineteen stories. He stated the team has studied the shadow impact on the Horace Mann school, the west exposure of the tower, the wind and security elements in the plaza; resulting in the addition of sun-controlled devices, a rooftop terrace for public events, and noted that additional trees are being considered to mitigate wind effects. He stated the current design achieves Council’s goal of making a great work environment and a symbolic statement about the importance of the City Hall in San José, providing an open and welcoming place where people will take part in the activities of the City. During Council discussion pertaining to the schematic architectural design, questions by Council Member LeZotte regarding sustainable building elements; by Council Member Dando about the accessibility of parking to various locations within the complex; and by Council Member Woody about acoustics within the rotunda space were addressed by the architect, Richard Meier, and his colleague, Michael Paladino. In response to Vice Mayor Fiscalini’s comments about the spatial relationship between the downsized rotunda and the remainder of the complex and the rationale for the shape of the rotunda, Mr. Meier stated the proportionality of the design elements would need to be revisited in view of the modified rotunda and could result in a slight shifting of the rotunda. He explained how natural light and shadow elements affect the space and stated the dome shape is a traditional element of a city hall or civic space that has been modified to be expressive of both the present time and the future. He stated the design is still in the schematic phase and that is one of the issues that will be finalized in the design development phase. Vice Mayor Fiscalini stated the shape is the dominant feature of the dome and supported the idea of incorporating a sense of history with a look toward the future into the design. Stating the material and color that will ultimately be used for the “skin” of the rotunda is extremely important due to its impact on the overall aesthetics of the complex, he stressed that adequate attention should be given to the rotunda and to the material and colors used on the terrace, and stated he was pleased by the early renderings of the wall and the materials considered for their ability through the use of shapes and colors to recall yesterday in today’s design. Addressing Council on various aspects of the proposed schematic design and final project budget were William Garbett; Jack Douglas, Preservation Action Council; Robert G. Dollar-Brown, San José Civic Plaza Redevelopment Project Area Committee; Dorothy Banker, San José Traffic and Parking Commission; David W. Budd and Lisa Jensen, University Neighborhoods Coalition; Walter Phillips; Ross Signorino; Carol Savoy; and Michael Reedy. Vice Mayor Fiscalini moved approval of the 9e(1)(a) and 9e(1)(c) portions of the Staff recommendation dated September 11, 2000, and referral of Item 9e(1)(b) to Staff for additional work, as stipulated in the memorandum from Mayor Gonzales dated September 13, 2000, and approval of the recommendations in the September 13, 2000 memorandum by Mayor Gonzales and Council Member Chavez, which gives direction to Staff regarding parking alternatives. Council Member Powers seconded the motion. Council Member Chavez requested Redevelopment Agency Staff be directed to provide Council with a status report on the relocation plan for both residential housing and businesses. Council Member Dando raised the issue of locating a child care center either within the building or in close proximity and stated that although she has concerns about the budget and the need for final cost estimates, she will support the motion. Council Member Woody stated she still has concerns about moving ahead on a project without a definitive parking plan. She stated she has been opposed to relocating City Hall from its current location to the downtown, but was never opposed to building a new City Hall that would house all City employees rather than leasing space, thereby saving lease costs. She stated if the purpose is to revitalize the downtown without a cost saving being realized, she would be concerned; however, she agrees with Council Member Chavez that savings should not be achieved at the expense of the neighborhood. She stated she hopes to be able to support the project at some future point where the design and parking elements make sense for the neighborhood, but because of concerns about parking issues, traffic impacts, and the lack of complete project design and cost information, she does not support the motion. Council Member LeZotte stated her record of opposition to the financing proposed and to using Redevelopment Agency funds will not preclude her from being actively involved in the design of what will ultimately be built. She commended the architects for improvements to the design and stated she supports the financial review recommended by the Mayor. However, because she still has concerns about spending $15 million on the rotunda, about the costs of including parking facilities, and the proposed increase in the use of Redevelopment funds, she cannot support the motion. Council Member Diaz stated he supports efforts to contain costs without further escalation and stressed the importance of addressing the parking and traffic circulation issues, protecting the neighborhood, and creating a place where the community comes together. Mayor Gonzales stated it has been nearly four years since the voters of San José by a 60% majority approved Measure I to consolidate City facilities to save taxpayer money and specifically to place the facility in the downtown area. He stated there is clear evidence that even with escalating costs, which Council is not accepting today, the project will save taxpayers over $100 million over thirty years, not to mention the potential savings over the life of the building. He stated he is not satisfied with the proposed budget for the project and his memorandum would direct Staff to fine-tune the numbers and work on alternatives for a beautiful Civic Center that can be constructed on time and on budget. He stated his objective is for a Civic Center that generates genuine community pride and is a positive addition to the downtown. He stated the memorandum he co-authored with Council Member Chavez would direct Staff to evaluate various parking alternatives for innovative ways to meet both the parking needs of the Civic Center as well as some of the auxiliary uses that will emerge after the Civic Center is constructed, including the arts programs that are desired for the area. He stated the current proposal presents an outstanding design that will create a functional building that will save taxpayer money, which is the main purpose of the project, and also be a landmark for the 21^st century. Concerning the arts, he stated the City and Redevelopment Agency are working in partnership with the San José Symphony and others on that part of the Civic Center complex. On a call for the question, the motion carried, and the direction to Staff for continuation of the Design Development and Construction Document phases of the architectural services for the project, as amended by Mayor Gonzales’ memorandum dated September 13, 2000; and the direction to Staff to pursue financing, construction, and operation of the 1350 parking spaces for the new Civic Center, as amended by the memorandum by Mayor Gonzales and Council Member Chavez dated September 13, 2000; were approved, and Council referred Item 9e(1)(b) on the final project budget estimate to Staff for review as stipulated in Mayor Gonzales’ memorandum dated September 13, 2000, and directed Redevelopment Agency Staff to provide Council with a relocation plan applicable to both housing and businesses. Vote: 8-2-0-0-1. Noes. LeZotte, Woody. Vacant: District 4. City Manager Del Borgsdorf stated directions in the Mayor’s memorandum which call for specific review of the cost opportunities and pricing, specifically pertaining to the management services and cost and completion guarantees, may necessitate changes to Item 9e(2), the proposed amendment to the contract with Turner Construction Company, and requested Council provide flexibility by authorizing him to modify the amendment to accommodate any alternatives which could develop in how the project is designed and built. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the first amendment to the agreement with Turner Construction Company for construction management services for the New San José Civic Center Project was approved and the City Manager authorized to incorporate changes required for implementation of Mayor Gonzales’ direction dated September 13, 2000; Ordinance No. 26205, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Civic Center Construction Fund in a Total Amount of $7,566,000 to Provide additional Funding for Consultants Working on the Civic Center Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 69906, entitled, “A Resolution of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the Civic Center Construction Fund”; and Resolution No. 69907, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with Richard Meier & Partners, Architects, for Architectural Services for the New Civic Center Project in an Amount Not to Exceed $14,900,000, for a Total Agreement Not to Exceed $20,000,000, and Extending the Term of the Agreement from December 31, 2000 to December 31, 2002”, were adopted. Vote: 10-0-0-0-1. Vacant: District 4.

RECESS/RECONVENE

The City Council recessed at 5:17 p.m. and reconvened at 7:07 p.m., Council Chambers, City Hall.

Present: Council Members - Chavez, Dando, Diquisto, Fiscalini, Powers, Shirakawa, Jr., Woody; Gonzales.

Absent: Council Members - Diaz, LeZotte (both excused).

Vacant: District 4.

City Clerk Patricia L. O’Hearn read the requests for continuances of applications and other actions as recommended. Upon motion by Council Member Powers, seconded by Council Member Chavez, and unanimously carried, the below noted continuances were granted.

Vice Mayor Fiscalini assumed the Chair while Mayor Gonzales’ was welcoming the Bay Area Council to the City of San José for their Annual Dinner.

5c Presentation of a commendation to Jennifer Pitzen and Andrea Norman for their work with National Tennis Championships and co-directing the USTA Girls’ 18 Super National Hard Court Championships. (Dando)

Documents filed: None.

Discussion/Action: Vice Mayor Fiscalini was joined by Council Member Dando for presentation of a commendation to Jennifer Pitzen and Andrea Normal for their work in co-directing the USTA Girls’ 18 Super National Hard Court Championships.

5e Presentation of a commendation to the Assistance League of San José, an Almaden-based organization that focuses on helping children in the community. (Dando) (Rules Committee referral 9/13/00)

Documents filed: None.

Discussion/Action: Vice Mayor Fiscalini was joined by Council Member Dando for presentation of a commendation to the Assistance League of San José for their work on behalf of children in the community; accepting the commendation was Assistance League President Judi Dissly.

PUBLIC HEARINGS

15a PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of Boynton Avenue, approximately 250 feet northerly of Akron Way (499 Boynton Avenue), from R-1:B-2 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to five single-family attached residences on a 0.37 gross acre site (Abe Golpour, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. Planning Commission recom-mends approval (7-0-0).

PDC 00-04-027 - District 1

(Continued from 9/5/00 – Item 15g)

Documents filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated September 7, 2000, recommending Council approve the subject rezoning. (2) Department of Planning, Building and Code Enforcement Staff Report on Project File Number PBC 00-04-027, dated August 28, 2000, recommending approval of the proposed rezoning. (3) Public Hearing Notice to consider a change in zoning for PDC 00-04-027, dated August 11, 2000, and Proof of Publication executed on August 18, 2000, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr., and unanimously carried, Ordinance No. 26206, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the West Side of Boynton Avenue, Approximately 250 Feet Northerly of Akron Way (499 Boynton Avenue)”, was passed for publication. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Gonzales. Vacant: District 4.

15b PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Payne Avenue between Essex Way and Lexington Drive, from R-4 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 16 single-family attached residences on a 0.98 gross acre site. (Pfeiffer Ranch Investors, Inc. and Madeline Mestice, Owners; Pinn Brothers Fine Homes, Developer). CEQA: Negative Declaration.

Documents filed: None.

Discussion/Action: This item was continued to October 17, 2000.

15c PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of Boynton Avenue, approximately 100 feet northerly of Akron Way (525 Boynton Avenue), from R-1:B-2 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to five single-family attached residences on a 0.32 gross acre site (Shabnam Mahzoon, et al., Owner/Developer). CEQA: Negative Declaration.

PDC 00-05-037 - District 1

Documents filed: None.

Discussion/Action: This item was continued to October 17, 2000.

15d PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Lenzen Avenue, 210 feet westerly of Stockton Avenue, from M-1 Manufacturing Zoning District to A(PD) Planned Development Zoning District, to allow up to 88 multi-family attached residential units on 1.63 gross acres (Joe Zertuche, Owner; Core Development Inc., Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1).

PDC 00-05-042 - District 6

Documents filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated September 7, 2000, recommending Council approve the subject rezoning. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated September 7, 2000, transmitting the Staff Report on PDC 00-05-042, dated September 7, 2000, recommending approval of the proposed rezoning and adoption of an ordinance rezoning the subject site. (3) Public Hearing Notice to consider a change in zoning for PDC 00-04-027, dated August 23, 2000, and Proof of Publication executed on September 1, 2000, submitted by the City Clerk.

Discussion/Action: Vice Mayor Fiscalini opened the Public Hearing and there was no discussion from the floor. Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr., and unanimously carried, the Public Hearing was closed and Ordinance No. 26207, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the South Side of Lenzen Avenue, 210 Feet Westerly of Stockton Avenue”, was passed for publication. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Gonzales. Vacant: District 4.

15e PUBLIC HEARING ON SINGLE-FAMILY HOUSE PERMIT for the property located at the south side of Glenwood Avenue, approximately 130 feet west of Newport Avenue (1224 Glenwood), to allow 641 square feet of new habitable floor area in the attic of an existing two and one-half story single-family residence on a 0.15 acre site in the R-1 Residence District. (David and Sue Markham, Owner/Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends approval (6-0-1).

SF 00-07-065 – District 6

Documents filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated September 14, 2000, recommending Council approve the subject Single-Family House Permit. (2) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated September 7, 2000, transmitting the Staff Report on SF 00-07-065, dated September 7, 2000, recommending approval of the requested Single-Family House Permit.

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr., and unanimously carried, Resolution No. 69908, entitled: “Resolution of the Council of the City of San José Granting a Single-Family House Permit, Subject to Conditions, to Use Certain Real Property Described Herein for the Purpose of Allowing 641-Square Feet of New Habitable Floor Area in the Attic of an Existing Two and One-Half Single-Family Residence”, was adopted. Vote: 7-0-3-0-1. Absent: Diaz, LeZotte, Gonzales. Vacant: District 4.

Mayor Gonzales entered the Chambers and assumed the Chair during discussion of Item 9a.

9a Receipt of the Taxicab Task Force report and recommendations and referral to City staff for further review and recommendations. (Mayor)

(Deferred from 9/5/00 – Item 9e)

Documents filed: (1) Memorandum Mayor Gonzales, dated September 5, 2000, recommending Council receive the recommendations of the Taxicab Task Force and refer the recommendations to City staff with direction that Staff return to the Council with its responses and recommendations to the Task Force’s recommendations within 90 days from the date the recommendations are initially presented to Council for review, and to return within 45 days thereafter with a Workplan to implement any recommendations approved by Council. (2) Memorandum from the San José Disability Advisory Commission, dated August 30, 2000, making recommendations on the Taxicab Task Force’s Draft Report and Recommendations.

Discussion/Action: Mayor’s Senior Policy Advisor James Webb, Jr. presented the Staff report and recommendations. He stated Council in October 1999 directed the formation of the Taxicab Task Force for the purpose of identifying issues of concern to the industry and to recommend possible solutions to those issues. He stated Task Force deliberations began in January 2000 with 13 public members representing taxicab owners, drivers, the business sector, and labor, and concluded deliberations in June 2000. During the course of deliberations, he stated the Task Force identified some 63 potential issues and made specific recommendations on 45 of those issues, as contained in Attachment B of the Staff report. He stated some of the major recommendations include the formation of a taxicab commission to establish methodology for determining the necessity for new taxicab applicants and studying the possibility of opening the airport concession to more or to all taxicab companies. He stated Council is being asked tonight to receive the task force recommendations and to defer action until those recommendations have been reviewed by Staff, which will return within 90 days with recommendations for review first by the Transportation and Environment Committee and then by the full Council, after which Staff will follow-up within 45 days with a Workplan to implement any decision taken on the recommendations. Bob Brownstein, Acting Task Force Chair, stated his support of the recommendations and endorsed the proposal for some type of on-going committee or commission to deal with taxicab issues on regular basis. Council Member Powers moved to accept the report and refer the recommendations to Staff for review and recommendations within 90 days. Council Member Chavez seconded the motion. Responding to comments by Council Member Dando about the sensitive nature of the language pertaining to people with disabilities, James Webb stated that language will be revised before the issue comes back to the Council. Council Member Woody stated that comments from visitors to conventions in San José indicate a lack of taxicab service at the train station and asked that issue be reviewed for remediation. Council Member Shirakawa, Jr., expressed similar concerns about service at the train stations, as well as other locations such as the Airport and requested Staff come back with a plan to improve service at those and other critical locations in the City. Regarding the issue of establishing a taxicab commission or committee, he stated he believes the issue should continue to be monitored by a committee of the Council rather than creating another separate commission. He asked that Staff include those issues and address the wage issues when they report back. Mayor Gonzales thanked Council Members Chavez and Powers and the Task Force Members for their work on this issue and stated by Council’s action the Staff will have the opportunity to review all the recommendations and report back to Council. On a call for the question, the motion carried unanimously, and Council referred to City Staff the recommendations of the Taxicab Task Force for report and recommendation to Council in 90 days, and Staff was directed to include in the report (1) A plan to ensure adequate taxicab service at the train station, airport, and other City sites where a need exists; (2) Consideration of the recommendation by Council Member Shirakawa, Jr., that the issue continue to be reviewed by Council Committee rather than by forming a taxicab commission, and (3) Review and report on various wage issues. Vote: 8-0-2-0-1. Absent: Diaz, LeZotte. Vacant: District 4.

9b Approval of a cooperation agreement with the Peninsula Corridor Joint Powers Board related to development of the Caltrain Maintenance Facility Project. (Public Works) (Deferred from 9/5/00 – Item 9f)

Documents filed: Memorandum from Director of Public Works, Ralph A. Qualls, Jr., dated August 24, 2000, recommending approval of said cooperation agreement with the Peninsula Corridor Joint Powers Board.

Discussion/Action: The following individuals addressed Council on the issue: Kay Gutknecht; Chair of Caltrain Maintenance Facility Task Force; Ken Yeager; William Garbett; Beryl Richardson, Caltrain Maintenance Facility Task Force Member; Marti Wachtel, Shasta Hanchett Park Neighborhood Association; and Kris Cunningham. Deputy Director of Public Works, Rajeev Batra, made the Staff presentation and stated the City Council asked the Peninsula Corridor Joint Powers Board to relocate its maintenance facility from the San José Diridon Station to a new location. Since that time, he stated City and VTA Staff have been working with Caltrain and the Joint Powers Board to identify a new location, considering a Newhall site and a site at Lenzen Avenue before determining the Lenzen Avenue to be the more practical location for the facility. He stated the Joint Powers Board has done environmental plans for the project, and that while the facility could be built under their own authority, they want to address the neighborhood’s concerns. He stated Staff has been working with the neighborhood, a Task Force has been appointed at the direction of the Council, and the proposed agreement lays out the terms of cooperation between the Joint Powers Board, the City and the Task Force, and does not reopen the environmental issues. However, he stated the Joint Powers Board is by this document agreeing to work with the City to do any further studies that are necessary for mitigation of any environmental related issues, but the agreement does not reopen the environmental document itself. To respond to Council question, he introduced Senior Transportation Specialist Ben Tripousis, the Public Works Department liaison to the Task Force working with VTA and Caltrain on this project. Vice Mayor Fiscalini stated his position on this issue is well know; however, having arrived at this point, it is important for all concerned to insure the issue moves in the right direction and goes smoothly. He expressed appreciation to Task Force Members for their months of labor on this difficult issue and commended the neighborhood for maintaining an attitude of hope that what would come out of the process would be something they could support while not in total agreement. Acknowledging the work of City Staff, he thanked Ben Tripousis in Public Works, staff in his and the Mayor’s offices, and Council Members Powers and Chavez and their staffs. Regarding the issue of electrification, he stated anything that can be done in the future to help the Joint Powers Board secure funding to electrify the trains will help mitigate the noise pollution, which is a serious concern, and agreed that the curfew issue is important to the community and needs to be addressed. He stated the oversight committee is critical in assuring continued cooperation with the neighborhood in making certain that mitigations included in the ultimate document are such that they eliminate the fears generated by having a facility of this type close to an existing neighborhood. He expressed the hope that his successor will be committed to making certain the work continues in a way that will be effective, and moved approval of the Staff recommendation. Council Member Powers seconded the motion. Council Member Powers stated Measure A, if approved, would fund electrification of Caltrain. She acknowledged the work of Caltrain and VTA Staff, and that of her staff and the neighborhood, and expressed optimism that through shared objectives operation mitigations can be addressed as the oversight committee works through the process. Council Member Chavez stated this is the first phase of the process and expressed confidence that shared objectives will lead to a successful working relationship and to working through the details. She thanked City Staff and Jonathan Noble from her office and stated the leadership by the neighborhood in the midst of not being happy about the outcome is laudable. Mayor Gonzales stated this issue was begun under a previous mayor; however, he does believe that if San José is to continue to grow and prosper as a region, it is necessary to recognize that different types of facilities have to be accommodated because they are needed to serve the people and the leadership should focus on how to ensure compatible integration into the area. He thanked all involved, especially Council Members Fiscalini and Chavez, whose districts adjoin the proposed site, and thanked Caltrain and the Joint Powers Board for their participation in the agreement and members of the Caltrain Task Force for their dedication to establishing the process. He assured the Caltrain Task Force Members of the continued support of his office and the Council in the monitoring of the measurable objectives which relate to concerns already raised and those that may come up in the future. He stated the establishment of a curfew would present an opportunity to show innovation and creativity in the issue of how to accommodate these types of facilities and should be pursued. On a call for the question, the motion carried unanimously, the cooperation agreement with the Peninsula Corridor Joint Powers Board for the development of the Caltrain Maintenance Facility Project, was approved and its execution authorized. Vote: 8-0-2-0-1. Absent: Diaz, LeZotte. Vacant: District 4.

ADJOURNMENT

The Council of City of San José adjourned at 7:55 P.M.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN

CITY CLERK