CSJ 3-20-01 City Council Meeting Minutes

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, MARCH 20, 2001

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

Present: Council Members: Campos, Chavez, Cortesé, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: Dando (excused)

Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with real property designated representatives Darrell Dearborn for the City of San José and Dan Shugart for FMC Corporation, pursuant to Government Code Section 54956.8, for direction concerning purchase, price and payment of property located at 1125 Coleman Avenue, San José, CA, APN 230-46-54, 55, 58 and 60; (B) confer with Legal Counsel with respect to existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider the cases of Harris, et al. v. City of San José, et al.; and City of San José v. American GI Forum; (C) confer with Legal Counsel regarding anticipated litigation of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code; and (D) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager designee Alex Gurza, and the International Association of Firefighters and the Operating Engineers, Local 3, Employee Organizations.

By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.

Present: Council Members: Campos, Chavez, Cortesé, Dando (entered Chambers at 1:50 p.m.), Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

INVOCATION

The Reverend Canon S. Linda Taylor, Trinity Episcopal Cathedral, delivered the invocation. (District 3)

PLEDGE OF ALLEGIANCE

Mayor Gonzales led in the Pledge of Allegiance.

ORDERS OF THE DAY

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Dando.

CEREMONIAL ITEMS

1.1 Presentation of a commendation recognizing the Portuguese Organization for Social Services and Opportunities (POSSO) for 25 years of providing service to the community. (Chavez)

(Rules Committee referral 3/14/01)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Chavez and POSSO special guests Zuraida Peres, Executive Director, and Board Members Vicky Machado, Elizabeth Brum, and Paul Pereira who presented to each Council Member “Portuguese Sweet Bread”. Mayor Gonzales presented the commendation to the Portuguese Organization for Social Services and Opportunities and extended the City’s appreciation for POSSO’s 25 years of service to the community and wished the organization continued success at their anniversary celebration on Saturday, March 24, 2001.

1.2 Presentation of commendations to the Fire Department, Police Department, and Gary Briscoe, District 7 constituent, for fighting the two-alarm fire on Saturday, December 29, 2000, and rescuing an unconscious victim from the burning structure. (Shirakawa, Jr.)

(Orders of the Day)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were Vice Mayor Shirakawa, Jr., Council Member Diquisto, and Fire Chief Manuel P. Alarcon who acknowledged the courageousness of Fire Captain Ramon Gamino who, while fighting the fire, called for backup and requested the assistance of Engine 16 Crew; Police Officer Richard Dalton, who was first to arrive on the scene and attempted to rescue the unconscious victim from the burning structure; District 7 constituent Gary Briscoe who used a garden hose to keep Officer Dalton and the unconscious victim cool from the heat of the fire; Fire Paramedic Jason Krassow and Firefighter James Williams who entered the burning structure and brought the unconscious victim to safety; and Fire Engineer Dennis Caywood who entered the burning structure and pulled comrade Fire Paramedic Krassow to safety when his regulator failed, preventing airflow. Mayor Gonzales presented commendations to each representative with the City’s appreciation for their heroic efforts.

Council Member Diquisto left Chambers at this point in the meeting.

Council Member Dando entered Chambers at 1:50 p.m.

CONSENT CALENDAR

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-1-0. Absent: Diquisto.

2.1 (a) Approval of City Council Minutes for Regular Meeting of November 21, 2000

Documents Filed: Minutes of the regular meeting on November 21, 2000.

Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Diquisto.

(b) Approval of City Council Minutes of 2000 General Plan Annual Review Meeting of November 21, 2000

Documents Filed: Minutes of the 2000 General Plan Annual Review on November 21, 2000.

Discussion/Action: The Minutes were approved. Vote: 10-0-1-0. Absent: Diquisto.

2.2 (a) Final adoption of Ordinance No. 26311 – Rezones certain real property situated on the east side of Bonita Avenue, 200 feet northerly of Herald Avenue. PDC 00-08-075

Documents Filed: Proof of publication of the title of Ordinance No. 26311 executed on March 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26311 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

(b) Final adoption of Ordinance No. 26312 – Rezones certain real property situated on both sides of Stallion Way, 160 feet southerly of Staghorn Lane. PDC 00-08-081

Documents Filed: Proof of publication of the title of Ordinance No. 26312 executed on March 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26312 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

(c) Final adoption of Ordinance No. 26313 – Rezones certain real property situated at the southwest corner of South Bascom Avenue and Eisenhower Drive. PDC 98-09-071

Documents Filed: Proof of publication of the title of Ordinance No. 26313 executed on March 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26313 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

(d) Final adoption of Ordinance No. 26314 – Rezones certain real property situated on the northeast corner of Park and Naglee Avenues. PDC 00-10-105

Documents Filed: Proof of publication of the title of Ordinance No. 26314 executed on March 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26314 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

(e) Final adoption of Ordinance No. 26315 – Rezones certain real property situated between Roberts Avenue, Lucretia Avenue, Vintage Way, and Mistflower Drive. PDCSH 00-10-103

Documents Filed: Proof of publication of the title of Ordinance No. 26315 executed on March 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26315 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

(f) Final adoption of Ordinance No. 26316 – Rezones certain real property situated on the west side of Piercy Road, approximately 200 feet south of Silver Creek Road. C 00-11-114

Documents Filed: Proof of publication of the title of Ordinance No. 26316 executed on March 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26316 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

(g) Final adoption of Ordinance No. 26317 – Rezones certain real property situated on the southeast side of Piercy Road, approximately 500 feet southwest of English Place. C 00-11-119

Documents Filed: Proof of publication of the title of Ordinance No. 26317 executed on March 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26317 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

(h) Final adoption of Ordinance No. 26318 – Rezones certain real property situated on the northwest side of Piercy Road, approximately 400 feet southwest of English Place. C 00-11-120

Documents Filed: Proof of publication of the title of Ordinance No. 26318 executed on May 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26318 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

(i) Final adoption of Ordinance No. 26319 – Rezones and prezones certain real property situated on the north side of Hillsdale Avenue, opposite the terminus of Vista Park Drive. PDC 99-10-083

Documents Filed: Proof of publication of the title of Ordinance No. 26319 executed on March 13, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26319 was adopted. Vote: 10-0-1-0. Absent: Diquisto.

2.3 (a) Adoption of a resolution granting conditional consent to an assignment of the fixed based operator ground lease at the San José International Airport from Aris Leasing Inc. to AvBase San Jose, LLC.

(b) Adoption of a resolution granting conditional consent to an assignment of the fixed based operator ground lease at the San José International Airport from Air One, Inc. to AvBase San José, LLC.

(c) Approval of a ground lease with AvBase San Jose, LLC for the construction and operation of a new Fixed Base Operation on the southwest side of San José International Airport, for a 30 year term, with the first year’s rent in the amount of $251,332.00, subject to annual Consumer Price Index increases, and subject to increase by appraisal every five (5) years during the term of the lease.

CEQA: Resolution No. 67380. (Airport)

Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated February 28, 2001, recommending Council adopt said resolutions and approve related actions to execute said leases.

Discussion/Action: Resolution No. 70204, entitled: “A Resolution of the Council of the City of San José Granting Conditional Consent to the Assignment of the Fixed Base Operator Ground Lease for Parcels W-3, W-3A, W-3B and W-3C at the San José International Airport From Aris Leasing, Inc., to AvBase San José, LLC”; Resolution No. 70205, entitled: “A Resolution of the Council of the City of San José Granting Conditional Consent to the Assignment of the Fixed Base Operator Ground Lease for Parcels W-4 and W-5 at the San José International Airport From Air One, Inc. to AvBase San José, LLC”, were adopted; and the ground lease with AvBase San José, LLC, was approved and execution of the lease authorized. Vote: 10-0-1-0. Absent: Diquisto.

2.4 Adoption of a resolution authorizing the City Manager to negotiate and execute a contract with Montoya Productions to produce the 2001 Performing Arts Series at the Montgomery Theater, from date of execution to December 31, 2001, in an amount not to exceed $90,000. (Conventions, Arts and Entertainment)

Documents Filed: Director of Conventions, Arts and Entertainment, Nancy Johnson, dated February 28, 2001, recommending Council authorize the City Manager to execute said contract.

Discussion/Action: Resolution No. 70206, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With Montoya Productions to Produce the 2001 Performing Arts Series at the Montgomery Theatre, Through December 31, 2001, in an Amount Not to Exceed $90,000”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.

2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #34, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated February 28, 2001, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders.

Discussion/Action: The award of open purchase orders List No. 34 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Diquisto.

2.6 Adoption of a resolution:

(a) Initiating proceedings to consider the Allen Apartments, located at 156 E. St. John Street, as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.

(b) Setting a public hearing on June 5, 2001 at 1:30 p.m.

(c) Referring the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report and recommendation.

(Planning, Building and Code Enforcement)

Documents Filed: (1) Memorandum from Historic Landmarks Commission, Secretary James R. Derryberry, dated March 1, 2001, stating the Historic Landmarks Commission recommends the City Council adopt said resolution. (2) Affidavit of Routing of the resolution initiating proceedings designating The Allen Apartments as a City landmark of special historical, architectural, cultural aesthetic or engineering interest or value of historic nature, dated March 27, 2001.

Discussion/Action: Resolution No. 70207, entitled: “Resolution of the Council of the City of San José Initiating Proceedings on Its Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, to Designate the Allen Apartments, Presently Located at 156 East Saint John Street, as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.

2.7 Adoption of a resolution authorizing the City Manager to decline block grant funding in the amount of $240,832 available through the Juvenile Accountability Incentive Block Grant (JAIBG) and to waive San José’s right to the subgrant award to allow use of the funding by the County of Santa Clara to maintain the Washington Neighborhood Restorative Justice Program and implement the Comprehensive Juvenile Services Project to provide enhanced services to troubled youth. (Police)

Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated February 28, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70208, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Decline Block Grant Funding Available Through the Juvenile Accountability Incentive Block Grant and to Waive San José’s Right to the Subgrant Award to Allow Use of the Funding by the County of Santa Clara”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.

2.8 (a) Approval of the annual agreement with the Drug Enforcement Administration (DEA) of the United States Department of Justice for the continuation of the South Bay High Intensity Drug Trafficking Area (HIDTA) Task Force for the period October 1, 2000, to September 30, 2001, in the amount of $79,092.

(b) Approval of authorization for continuation of one clerical position for the Police Department as specified in the agreement.

(c) Adoption of related appropriation ordinance and funding sources resolution amendments in the General Fund for Fiscal Year 2000-2001 for clerical support and sworn overtime in the amount of $79,491.

(Police/City Manager’s Office)

Documents Filed: Memorandum from Chief of Police William M. Lansdowne, and Budget Director Larry D. Lisenbee, dated February 28, 2001, recommending Council adopt said resolution and approve related actions for the HIDTA Task Force.

Discussion/Action: The annual agreement with the Drug Enforcement Administration of the United States Department of Justice was approved and execution of the agreement authorized; the continuation of one clerical position for the Police Department as specified in the agreement was authorized; and Ordinance No. 26321, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $79,491 for Continuation of the South Bay High Intensity Drug Trafficking Area Task Force; Decreasing the Contingency Reserve; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70209, entitled: “A Resolution of the Council 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: 10-0-1-0. Absent: Diquisto.

2.9 Approval of an agreement with Mary I. D’Anna, Trustee under the Mary I. D’Anna 1991 Trust established the 1^st day of February, 1991, for the purchase of a parcel of land located on the west bank of the Los Gatos Creek to the south of Lonus Avenue in the amount of $4,000, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction. CEQA: ND. Council District: 6. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 28, 2001, recommending Council approve said agreement and authorize the Director of Public Works to execute the necessary documents.

Discussion/Action: The agreement with Mary I. D’Anna, Trustee under the Mary I. D’Anna 1991 Trust, was approved and execution of the agreement and any additional documents necessary to complete the transaction authorized. Vote: 10-0-1-0. Absent: Diquisto.

2.10 Approval of Contract Change Order No. 47 with Gonsalves & Stronck Construction Company, Inc. (G&S) for the New Fire Station No. 1 Project, in the amount of $24,207, for the installation of additional communication antennas and electrical power outlets, for a total contract amount of $4,426,512. CEQA: Resolution No. 64273. Council District 3. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 28, 2001, recommending Council approve said contract change order.

Discussion/Action: Contract Change Order No. 47 with Gonsalves & Stronck Construction Company, Inc., was approved and execution of the change order authorized. Vote: 10-0-1-0. Absent: Diquisto.

2.11 Approval of an agreement for consultant services with DDA Studio, Inc. dba Dillon Design Associates for the Graystone Park and Great Oaks Park Renovation Projects, from date of execution through May 31, 2002, in the amount of $198,000, and $15,000 for Additional Services, for a total agreement of $213,000. Council Districts: 2 and 10. (Public Works)

Documents Filed: (1) Memorandum from Acting Director of Public Works Rajeev Batra, dated February 28, 2001, recommending Council approve said agreement. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated March 20, 2001, correcting the source of funding.

Discussion/Action: The consultant services agreement with DDA Studio, Inc., dba Dillon Design Associates, was approved and execution of the agreement authorized. Vote: 10-0-1-0. Absent: Diquisto.

2.12 Approval of one proposed City Event, as provided in the San José Management Agreement, for use of the San José Arena on April 8, 2001, for the City of San José’s Energy Fair. (San José Arena Authority)

Documents Filed: Memorandum from San José Arena Authority Executive Director Chris Morrisey, dated March 1, 2001, recommending approval of said date.

Discussion/Action: The April 8, 2001 “City Event” date, as provided in the San José Arena Management Agreement, was approved. Vote: 10-0-1-0. Absent: Diquisto.

2.13 Adoption of a resolution approving the list of pedestrian and bicycle projects to be submitted for FY 2001-02 TDA grant funding and authorizing the City Manager to take all steps necessary to accept any grant funds awarded to the City. CEQA: Exempt. (Streets and Traffic)

Documents Filed: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 28, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70210, entitled: “A Resolution of the Council of the City of San Jose Approving the List of Proposed Projects For Fiscal Year 2001-2002 Transportation Development Act Article 3 (TDA-3) Grant Funding, and Authorizing the City Manager to Take All Steps Necessary to Accept Any Grant Funds Awarded to the City”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.

2.14 Approval of appointments to committee and liaison positions. (Mayor)

(Rules Committee referral 3/14/01)

Documents Filed: Memorandum from Mayor Gonzales, dated March 15, 2001, recommending Council approve the additions and amendments to City Council liaison appointments for newly elected Council Member Nora Campos.

Discussion/Action: The following additions and amendments to City Council liaison appointments for newly elected Council Member Campos – Finance & Infrastructure Committee, History Museums of San José Liaison, Santa Clara VTA Policy Advisory Board, Capital Corridor Santa Clara VTA Policy Board, East Valley/Downtown Corridor Advisory Commission on Rents Liaison, Suggestion Awards Commission Liaison, Solid Waste Commission of Santa Clara County Alternate – were approved; and the appointment of Council Member LeZotte to serve as the City representative to the Santa Clara County Pollution Prevention Committee was approved. Vote: 10-0-1-0. Absent: Diquisto.

2.15 Approval of a contingency budget increase in the amount of $30,000 for a total contingency budget of $45,000, and approval of Contract Change Order No. 1 in the amount of $39,535, for a total contract amount of $168,161, for the Rancho Del Pueblo Driving Range Netting Enhancements Project with Judge Netting. CEQA: Exempt. (Public Works)

(Rules Committee referral 3/14/01)

Documents Filed: (1) Memorandum from Council Member Campos, dated March 19, 2001, recommending Council approve said contingency and contract change order. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated March 13, 2001, noting the reason for addendum and recommending Council approve said contingency and contract change order.

Discussion/Action: Clarice Hill, representing Friendship Church of God In Christ, spoke in favor of the proposed netting. The contingency budget increase and Contract Change Order No. 1 with Judge Netting were approved and execution of the change order authorized. Vote: 10-0-1-0. Absent: Diquisto.

END OF CONSENT CALENDAR

Council Member Diquisto returned to Chambers at this point in the meeting.

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – March 7, 2001

Documents Filed: Rules Committee Report of March 7, 2001.

(a) Redevelopment Agency items reported out at Redevelopment Agency meeting

The Agency items referred to the Redevelopment Agency Board.

(b) City Council

(1) Review March 20, 2001 Draft Agenda

The Committee approved the March 20, 2001 City Council Agenda.

(2) Add New Items to March 13, 2001 Amended Agenda

The Committee recommended three additions to the March 13, 2001 City Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

(d) Ad Hoc Traffic Calming Advisory Committee

No Amendments to Council Committee Agendas.

(d) Meeting Schedules

None Presented.

(e) The Public Record for the period February 21-27, 2001. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated March 1, 2001, listing the items transmitted to the Administration and the items filed for the Public Record for the period February 21-27, 2001.

The Committee noted and filed the Public Record for the period February 21-27, 2001.

(f) Appointments to Project Diversity Screening Committee. Attachments: (1) Memorandum from Council Member Reed, dated March 6, 2001, recommending Lillian Hicks for consideration as a member of the Project Diversity Screening Committee. (2) Memorandum from Council Member Cortesé dated March 7, 2001, recommending Judy Nissila for the Project Diversity Screening Committee to represent San José City Council District 8.

The Committee approved the recommendation of Lillian Hicks, District 4, and Judy Nissila, District 8, as members of the Project Diversity Screening Committee.

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

None Presented.

(h) Oral communications

None Presented.

(i) Adjournment

The meeting was adjourned at 2:25 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee Report and actions of March 7, 2001 were accepted. Vote: 11-0-0-0.

3.4 (a) Acceptance of a status report on Cable Franchise renewal negotiations with Heritage Cablevision of California, Inc. (formerly dba TCI of San Jose, now AT&T Broadband).

(b) Direction to staff to complete ascertainment of City’s cable-related needs and interests and to develop a Request For Proposals for operation of a cable system to provide cable service and to meet and service those identified cable-related needs and interests.

(c) Adoption of an urgency ordinance to further extend the current cable franchise to June 30, 2001.

(City Manager’s Office)

(Rules Committee referral 3/14/01)

Documents Filed: (1) Memorandum from Tom Manheim, dated March 16, 2001, recommending Council accept the status report and take other actions related to said franchise. (2) Hard copy of staff presentation on the Franchise Renewal Timeline.

Discussion/Action: Using overhead transparencies to describe actions related to the cable franchise negotiations, Public Education and Community Outreach Manager Tom Manheim presented background information on the negotiations with AT&T primarily in the areas of Public, Education and Government (PEG) Access and Institutional Network (I-Net), described outstanding issues, and discussed the financial analysis based on projected revenue growth in the cable industry over the next ten years. He explained the expanded basic cable rate structure and the constant rate increases averaging 7.6% in seven-month intervals since June 1995 to February 2001, and expressed disappointment with AT&T’s unwillingness to agree to the conditions City Staff deem necessary to ensure effective compliance with and enforcement of the franchise. Under the current facilities, he stated the City is not providing the level of capacity and access preferred by the community. He stated the I-Net, or the fiber optic network, would link together on one system all of the public institutions in the City – 195 K-12 schools, community colleges, County and City facilities – and would allow the transmission of data, voice and video around the network to meet the needs of the public institutions. He stated informal negotiations with AT&T over the past 18 months have failed to achieve a franchise agreement that meets the needs and interests of the City of San José; however, City Staff will remain available and hopeful that an informal process may yet yield a successful outcome. He stated City Staff is asking Council to approve the continuation of formal negotiations with the cable company, completion of the needs assessment, and issuance of the RFP for operation of the cable system. He stated the expiration date of the current cable franchise was extended to March 31, 2001 to allow Staff additional time to seek a negotiated settlement with AT&T; at this time, Staff believes the franchise should be extended an additional 90 days to allow completion of the needs assessment and issuance of the RFP. As a point of clarification, he stated Evergreen Valley College has asked the City to activate a second channel for use in September 2001; AT&T would need approximately six months to comply with the request, and without the additional three-month extension by the City, would not consider Evergreen’s request as viable. Resulting from Council Members’ comments on providing Staff with “off-line” additions and modifications to the RFP, City Attorney Richard Doyle advised Council to present all comments during a scheduled public forum, as six or more Council Members participating in the “off-line” process would be in violation of the Brown Act. Given the scenario represented in the new facilities educational component of the contract and for inclusion in future contracts, Council directed City Staff to incorporate in the terms and conditions of the RFP provisions requiring parents of students 16 years and younger to sign a waiver or release; thereby, satisfying the age limit requirement for access to the hi-tech computer equipment and facilities. Regarding competition, City Staff was directed to pursue inquiries from companies expressing an interest in providing cable services directly to new housing developments in San José; and that the Administration investigate joint efforts with other California cities confronted with similar problems with cable systems and providers. Predicated on suggested modifications and amendments to the RFP, the Administration was directed to submit to the Rules Committee appropriate language for the RFP for assignment to a Council Committee for ultimate reporting to Council. Given the extensiveness of the cable industry, Mayor Gonzales stated a separate Council study session should be scheduled, which would allow for a comprehensive discussion of the options available to the City of San José. The following individuals addressed Council in support of the proposed actions related to the Cable Franchise negotiations: Brenda McHenry, President, League of Women Voters of San José/Santa Clara County; Clay Whitlow, President of Evergreen Valley City College; and Jim Henderson, San José Unified School District. William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the status report on Cable Franchise renewal negotiations with Heritage Cablevision of California, Inc., was accepted with direction to Staff to schedule a Council Study Session on the RFP and provisions related to equipment and facilities, customers and subscribers, industry competition, potential partnership ventures, and inclusion of multiple cable services in new housing developments; and Ordinance No. 26322, entitled: “An Urgency Ordinance of the City of San Jose Approving a Further Extension of the Terms of Ordinance No. 22128, Granting a Nonexclusive Cable Television Franchise to Gill Industries, Inc., dba Gillcable, From March 30, 2001 to June 30, 2001, With an Automatic 90-Day Extension Provision”, was adopted. Vote: 11-0-0-0.

3.5 Adoption of a resolution certifying results of the Special Municipal Election held in District 5 on March 6, 2001. (City Clerk)

(Rules Committee referral 3/14/01)

Documents Filed: Memorandum from City Clerk, Patricia L. O’Hearn, dated March 20, 2001, recommending Council adopt said resolution.

Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Diquisto and unanimously carried, Resolution No. 70211, entitled: “A Resolution of the Council of the City Of San Jose Reciting That a Special Municipal Election Was Held in the City of San Jose on Tuesday, March 6, 2001; Finding and Declaring That the Registrar of Voters of the County of Santa Clara Has Canvassed the Returns of the Election, and Confirming the Results of the Canvass; Stating the Whole Number of Votes Cast, the Names of the Persons Voted for, the Number of Votes Given at Each Precinct to Each Person; Finding and Declaring That Nora Campos Was Elected to the Office of Member, City Council, District 5”, was adopted. Vote: 11-0-0-0.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1 Report of the Economic Development & Environment Committee – March 5, 2001

Documents Filed: Economic Development & Environment Committee Report of March 5, 2001.

(a) Second Quarterly Downtown Housing Report

(b) Progress Report on the San Jose/Silicon Valley Workforce Investment Program

(c) City Administration's Response to Mayor's Housing Production Team Recommendations. Attachments: (1) Memorandum from Redevelopment Agency Executive Director, Susan F. Shick, dated February 5, 2001, attaching the Agency’s report on housing development activities in the Greater Downtown Area and in the Neighborhood & Industrial project areas for the second quarter of the 2000-200l Fiscal Year. (2) Memorandum from Director of Economic Development, Leslie S. Parks, dated February 5, 2001, submitting a progress report on the San José Silicon Workforce Investment Act Program. (3) Memorandum from Assistant to the City Manager, Deanna J. Santana, dated February 23, 2001, attaching informational memoranda related to the Housing Production Team recommendations. (4) Memorandum from City Manager, Del D. Borgsdorf, dated February 20, 2001, recommending Council approve the Administration’s responses to the Mayor’s Housing Production Team recommendations.

The Committee recommended acceptance of the staff reports.

(d) Status Report on the Community Homeless Alliance Project, including a followup report on a grant proposal submitted by the Community Homeless Alliance Ministry. Attachment: Memorandum from Director of Housing, Alex Sanchez, dated February 22, 2001 responding to Council Member Dando’s request for a status rerport on the Community Homeless Alliance Pilot Program.

The Committee recommended approval of the staff report, including the follow-up report on a grant proposal submitted by the Community Homeless Alliance Ministry.

(e) Oral Petitions

(1) Phyllis Ward, representing Affordable Housing Network, spoke on segregation of funds, housing set asides for Section 8 certificate holders, and ELI permanent housing.

(2) Sandy Perry, representing Community Homeless Alliance Ministry (CHAM), spoke on fiscalization of land use.

(3) Pat Sausedo, Executive Director for the Silicon Valley Chapter of National Association of Industrial and Office Properties, spoke on items relating to industrial and office properties.

(4) Amy Glad, representing Homebuilders Association, spoke on items impacting homebuilders industry.

(f) Adjournment

The meeting was adjourned at 3:04 p.m.

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Reed and unanimously carried, the Economic Development & Environment Committee Report and actions of March 5, 2001 were accepted. Vote: 11-0-0-0.

4.2 (a) Close the public hearing on the proposed formation of Community Facilities District No. 5 (North Coyote Valley).

(b) Adoption of a resolution directing recording of Notice of Abandonment for Community Facilities District No. 5 (North Coyote Valley).

(c) Adoption of a Resolution of Intention to establish Community Facilities District No. 5A (North Coyote Valley) and set the public hearing on this matter for March 27, 2001 at 1:30 p.m.

CEQA: Resolution No. 69957. (Public Works)

(Continued from 11/7/00 – Item 10a et al., and 2/27/01 – Item 4.2)

Documents Filed: None.

Discussion/Action: This item was deferred to March 27, 2001.

TRANSPORTATION SERVICES

6.1 Traffic Calming Advisory Committee (Ad Hoc) – March 8, 2001

Documents Filed: Traffic Calming Advisory Committee Report of March 8, 2001.

(a) Review of Crosswalk Installation Guidelines. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 28, 2001, providing the results of the Committee’s review of the revised Crosswalk Installation Guidelines.

The Committee recommended approval of the report with direction to Staff to provide reformatted guidelines for Committee review at a future meeting to ensure the public understands the guidelines.

(b) Review of Bike Lane Installation Guidelines. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 27, 2001, stating Staff to provide a verbal presentation of the item.

The Committee recommended acceptance of the staff report and requested a report on the process of installing bicycles facilities without first having a general plan amendment.

None Presented.

(d) Adjournment

The meeting was adjourned at 4:00 p.m.

Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Williams and unanimously carried, the Traffic Calming Advisory Committee Report and actions of March 8, 2001 were accepted. Vote: 11-0-0-0.

6.2 (a) Approval of the recommended methodology for determining the appropriate gasoline surcharge;

(b) Adoption of a resolution to adjust the per mile and flag drop components of the City’s meter rate from $.20 per 1/10 mile to $.25 per 1/9 mile, and repealing Resolution No. 68398.

(c) Direction to staff that an evaluation of the impact associated with the gasoline surcharge be included in the Team report scheduled for Council in August 2001;

(d) Deferral of any future action on the issue of short fares until the August 2001 review in order to evaluate the impact of the gasoline surcharge; and

(e) Direction to the City Attorney to include a provision in the Taxi Cab Ordinance that would allow for taxi top advertising.

(City Manager’s Office)

(Rules Committee referral 3/14/01)

Documents Filed: Memorandum from Cynthia Bojorquez, dated March 16, 2001, recommending Council approve said actions.

Discussion/Action: As a point of clarification, Assistant to the City Manager Cynthia Bojorquez stated the item for Council discussion includes the adoption of a resolution raising the mileage rate for regular taxicab service from twenty cents per one-tenth mile to twenty-five cents per one-ninth mile, while changing the mileage fraction on the flag drop from one-tenth mile to one-ninth mile so that the flag drop will be two dollars for the initial use of the taxicab, including the first one-ninth mile of travel. Laurence Hallier, representing Eller Taxi Media, spoke in support of the proposed action. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the staff recommendation as amended was approved, and Resolution No. 70212, entitled: “A Resolution of the Council of the City of San Jose Fixing and Determining Rates, Fares, and Tariffs For the Operation of Taxicabs Pursuant to San Jose Municipal Code Chapter 6.64 Subject to Certain Conditions; and Repealing Resolution No. 68398”, was adopted. Vote: 11-0-0-0.

ENVIRONMENTAL & UTILITY SERVICES

7.1 Acceptance of the Fourth Quarter 2000 Status Report for South Bay Water Recycling Program. (Environmental Services)

Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 28, 2001, recommending acceptance of the Fourth Quarter 2000 Status Report for South Bay Water Recycling.

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Reed, and unanimously carried, the Fourth Quarter 2000 Status Report for South Bay Water Recycling Program was accepted. Vote: 11-0-0-0.

PUBLIC SAFETY SERVICES

9.1 Acceptance of the Police Department Sworn Recruitment and Training Program Report for July 1, 2000 to December 31, 2000 hiring period. (Police)

Documents Filed: Memorandum from Chief of Police William M. Lansdowne, dated March 1, 2001, recommending acceptance of said report.

Discussion/Action: Joining Chief of Police William M. Lansdowne, Police Captain Donald K. Anders, Bureau of Administration, acknowledged the hard work of Senior Analyst Cleo Asuncion-Heppes, and Analyst II Nancy Galwey in compiling the elements of the report. Beginning with the Hiring Cycle, Police Captain Anders used a PowerPoint presentation to describe the five components of the Program and the seven Council requests contained in the semi-annual report. Referencing the reporting schedule established for the Police Department’s Sworn Recruitment and Training Program Report, Mayor Gonzales requested the City Manager provide Rules Committee with a list of annual and semi-annual reports for possible modification, and to provide Council with additional information on exit interviews of Police Officers. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Police Department Sworn Recruitment and Training Program Report for July 1, 2000 to December 31, 2000 hiring period was accepted with direction to the Administration to provide Council with pertinent information compiled from interviews of Police Officers leaving City employment, and to present to Rules Committee for possible modification a list of reports due to Council on a quarterly, semi-annual, and annual basis, and to include in that compilation the Police Department’s Sworn Recruitment and Training Program for appropriate action. Vote: 11-0-0-0.

JOINT COUNCIL/REDEVELOPMENT AGENCY

The Redevelopment Agency Board convened at 3:50 p.m. to consider Items 10.1, 10.3, 10.4, and 10.5 in a joint session

10.1 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the agreement with Strategic Advisory Group, LLP for consulting services related to the proposed expansion of the San José Convention Center, in an amount not to exceed $250,000, for a total contract cost not to exceed $310,000, and extending the term of the agreement to September 30, 2001.

(b) Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund in the amount of $250,000.

(City Manager’s Office/Redevelopment Agency)

Documents Filed: Memorandum from City Manager Del D. Borgsdorf, and Redevelopment Agency Executive Director Susan F. Shick, dated March 4, 2001, recommending the Redevelopment Agency Board and the City Council adopt said resolutions and appropriation ordinance amendments in the General Fund.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Cortesé and unanimously carried, Resolution No. 70213, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute a First Amendment to the Consultant Agreement With Strategic Advisory Group, LLP Regarding the Proposed Expansion of the Convention Center in An Additional Amount Not to Exceed $250,000 For a Total Contract Cost Not to Exceed $310,000, and to Extend the Term to September 30, 2001”; Ordinance No. 26323, entitled: “An Ordinance Of The City Of San Jose Amending Ordinance No. 26141 To Appropriate Moneys In The General Fund In The Amount Of $250,000 For The Proposed Expansion Of The Convention Center; Decreasing The Contingency Reserve; And Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70214, entitled: “A Resolution of the Council of the City Of San Jose 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: 11-0-0-0.

10.3 Adoption of resolutions by the City Council and Redevelopment Agency Board approving the transfer of the Redevelopment Agency-owned property located at 937 Locust Street to the Housing Department to provide transitional housing for fire victims and others displaced through no fault of their own.

(City Manager’s Office/Redevelopment Agency)

(Rules Committee referral 3/14/01)

Documents Filed: None.

Discussion/Action: This item was deferred to April 10, 2001.

10.4 Adoption of resolutions by the City Council and Redevelopment Agency Board expressing support for the Guadalupe River Project and Guadalupe Creek Restoration Project. CEQA: Exempt.

(City Manager’s Office/Redevelopment Agency)

(Rules Committee referral 3/14/01)

Documents Filed: Memorandum from City Manager Del D. Borgsdorf, and Redevelopment Agency Executive Director Susan F. Shick, dated March 20, 2001, recommending the Redevelopment Agency Board and the City Council adopt said resolutions.

Discussion/Action: Upon motion by Council Member Diquisto, seconded by Council Member Dando and unanimously carried, Resolution No. 70215, entitled: “Resolution of the Council of the City of San Jose Expressing Support For the Guadalupe River Project and Guadalupe Creek Restoration Project”; and Redevelopment Agency Board Resolution No. 5129 were adopted. Vote: 11-0-0-0.

10.5 (a) Adoption of a resolution by the City Council authorizing the City Manager to negotiate and execute an agreement with the County of Santa Clara to equally fund a 3-year, interest-only loan in an amount equal to $4,000,000; and

(b) Adoption of an appropriation ordinance and revenue resolution amendments in the Construction Excise Tax Fund to provide a loan in the amount of $2,000,000 to the G.I. Forum and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements; and

(c) Adoption of a resolution by the Agency Board approving the addition of $2,000,000 to the Adopted FY 2000-01 Redevelopment Agency Capital Budget North San Jose Improvements new line item in the Rincon de Los Esteros Redevelopment Project Area from the Capital Reserve, and

(d) Adoption of a resolution by the Agency Board amending the FY 2000-01 Redevelopment Agency appropriation resolution, and

(e) Adoption of a resolution by the Agency Board approving the transfer of $2,000,000 to the City, for the Department of Public Works, as the Redevelopment Agency contribution to the City of San Jose’s share of the G.I. Forum loan.

(Redevelopment Agency/City Manager’s Office)

(Rules Committee referral 3/14/01)

Documents Filed: Memorandum from City Manager Del D. Borgsdorf and Redevelopment Agency Executive Director Susan F. Shick, dated March 16, 2001, recommending the Redevelopment Agency Board and the City Council adopt said resolutions.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, Resolution No. 70216, entitled: “Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate an Agreement With the County of Santa Clara to Equally Fund a Three-Year, Interest Only Loan In An Amount Equal To $4,000,000, and Directing the City Manager to Bring the Agreement Back to Council For Approval”; Ordinance No. 26324, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26141 to Appropriate Moneys in the Construction Excise Tax Fund in the Amount of $2 Million to Provide a Loan to G.I. Forum for North San Jose Improvements; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70217, entitled: “A Resolution of the Council of the City of San Jose Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds For the Fiscal Year 2000-2001 to Adjust Revenues in the Construction Excise Tax Fund”; Resolution No. 70218, entitled: “Resolution of the Council of the City of San Jose Making Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds For Certain Public Improvements in the Rincon De Los Esteros Redevelopment Project Area”; Redevelopment Agency Resolution Nos. 5126, 5127, 5128 were adopted. Vote: 11-0-0-0.

The Redevelopment Agency Board recessed at 4:15 p.m.

OPEN FORUM

(1) Peter Ross spoke against Airport parking enforcement, and in favor of electronic devices displaying flight information. Aviation Administration to respond to Mr. Ross’ concerns.

(2) Ross Signorino spoke on a recent San José Mercury News article entitled “Utility Taxes Boost City Coffers”.

RECESS/RECONVENE

Following Open Forum, Council recessed at 4:25 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.

Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications and other actions as recommended. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the below noted continuances and other actions were granted. Vote: 11-0-0-0.

11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the easterly terminus of Skyway Drive, from (A) PD Planned Development Zoning District and R-1:B-6 Residence District to (A) PD Planned Development Zoning District, to allow: (1) secondary access to Diamond Heights Drive; (2) an increase in the maximum number of students from 1200 to 1400; (3) hard court and parking uses on areas previously designated for open space, and (4) deletion of the requirement to implement a busing program; and (5) combination of the previously approved portions of an existing high school and church campus under one Planned Development Zoning District on 52.68 gross acres. (Valley Christian Schools and South Valley Christian Church, Owner/Developer). CEQA: Negative Declaration.

PDC 00-08-065 - District 2

(Continued from 12/12/00 – Item 15k and 1/16/01 – Item 11.5)

Documents Filed: None.

Discussion/Action: This item was continued to April 3, 2001.

11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Auzerais and Race Streets (1135 Auzerais Street), from M-1 Manufacturing Zoning District to (A) PD Planned Development Zoning District, to allow for the relocation of a billboard on 2.86 gross acres. (Chester C. Lehmann, Owner/Developer). CEQA: Exempt.

PDC 00-08-082 - District 6

(Continued from 12/12/00 – Item 15n et al., and 3/6/01 – Item 11.2)

Documents Filed: None.

Discussion/Action: This item was continued to April 3, 2001.

11.9 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at southwest corner of Interstate 280 and Northrup Street, from County Zoning District to A(PD) Planned Development Zoning District, to allow construction of nine single-family detached residences on 0.70 gross acres. (Blackwell Brothers Development Company, Owner; Blackwell Brothers Construction, Developer). CEQA: Negative Declaration.

PDC 00-08-071 - District 6

Documents Filed: Public Hearing Notice to consider a change in Zoning for PDC 00-08-071 dated February 8, 2001, and Proof of Publication executed on February 16, 2001, submitted by the City Clerk.