MINUTES OF THE CITY COUNCIL

 

 

SAN JOSÉ, CALIFORNIA                                                                 TUESDAY, JUNE 11, 2002

 

 

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 -  Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

 

            Absent:          Council Members -  None.

 

            Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In re Garcia; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving the initiation of litigation.

 

               By unanimous consent, Council reconvened from the Closed Session and recessed at 10:55 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

 

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

 

            Absent:          Council Members -  None.

 

 

Invocation (District 6)

 

            Rabbi Dana Magat, Temple Emanu El delivered the Invocation.

 

Pledge of Allegiance

 

            Mayor Gonzales led in the Pledge of Allegiance.

 

Orders of the Day

 

            Upon motion by Council Member Williams, seconded by Council Member Reed, and unanimously carried, Item 5.5 was dropped from the agenda, and the Orders of the Day were approved. Vote: 11-0-0-0.

 

CEREMONIAL ITEMS

 

1.1       Presentation of plaques to Susan Bradford-Moore for 4 years service on the Deferred Compensation Advisory Committee, and to Amy Ly for 2 years 1 month service on the Youth Commission.  (Mayor)

 

            Documents filed: None.

 

            Discussion/Action: Susan Bradford-Moore and May Ly joined Mayor Gonzales at the podium to receive their commendations.

 

CONSENT CALENDAR

 

            Upon motion by Council Member Dando seconded by Council Member Williams, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.

 

2.1       Approval of City Council Minutes for:

            (a)        Regular meeting of December 4, 2001

            (b)        Regular meeting of December 11, 2001

            (c)        Joint Council/Redevelopment Agency Board meeting of December 11, 2001

 

            Documents filed: Minutes of      Regular City Council meetings of December 4 and December 11, 2001, and Joint Council/Redevelopment Agency Board meeting of December 11, 2001.

 

            Discussion/Action: The minutes were approved. Vote: 11-0-0-0.

 

2.2       (a)        Final adoption of Ordinance No. 26641 amending Parts 14 and 15 of Chapter 3.36 of Title 3 of the San José Municipal Code to provide medical and dental benefits for certain persons who separated from City service prior to July 5, 1992, and are receiving benefits from the medical benefits account in the Police and Fire Department Retirement Plan.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26641, executed on June 4, 2002, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26641 was adopted. Vote: 9-0-2-0.  Absent:  Dando, LeZotte.

 

            (b)        Final adoption of Ordinance No. 26642 amending Chapter 3.28 of Title 3 of the San José Municipal Code (Federated Retirement Plan) by amending Sections 3.28.1970 and 3.28.1980 to permit family medical insurance coverage for surviving spouses who have been appointed guardians of minor children.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26642, executed on June 4, 2002, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26642 was adopted. Vote: 9-0-2-0. Absent: Dando, LeZotte.

 

            (c)        Final adoption of Ordinance No. 26643 amending Part 9.5 of Chapter 3.36 of Title 3 of the San José Municipal Code to provide an election for an optional settlement for surviving spouses married after retirement.

 

                        Documents Filed: Proof of publication of the title of Ordinance No. 26643, executed on June 4, 2002, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26643 was adopted. Vote: 9-0-2-0.  Absent: Dando, LeZotte.

 

2.3       Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Arthur J. Gallagher and Company to provide insurance broker services for the period March 26, 2002 through June 30, 2005, and authorizing the City Manager to exercise up to two 1-year options for extension through June 30, 2007.  (Finance)

 

            Documents Filed: Memorandum from Finance Director Scott P. Johnson, dated May 20, 2002, recommending adoption of said resolution.

 

            Discussion/Action: Resolution No. 71012, entitled: “A Resolution of the Council of The City of San Jose Authorizing the City Manager to Negotiate and Execute an Agreement with Arthur J. Gallagher and Company to Provide Insurance Broker Services for the Period of March 26, 2002 Through June 30, 2005 and Authorizing the City Manager to Exercise up to Two One Year Options to Extend the Term”, was adopted. Vote 11-0-0-0

 

2.4       Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #37, and authorization for the Director of General Services to execute the purchase orders.  (General Services)

 

            Documents Filed: Memorandum from General Services Director Jose Obregon, dated May 20, 2002, recommending Council approve award of open purchase orders.

 

            Discussion/Action: The award of open purchase orders for FY 2001-2002 #37 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.

 

2.5       Adoption of a resolution approving the Relocation Impact Study and Last Resort Housing Plan for the potential displacement of existing residents of the Sunset Square Apartments, a 96-unit development located at 2080 Alum Rock Avenue.  Council District 5.  (Housing)

 

            Documents Filed: Memorandum from Housing Director Leslye Corsiglia, dated May 20, 2002, recommending Council adopt a resolution approving the Relocation Impact Study and Last Resort Housing Plan.

 

            Discussion/Action: See Item 4.5(b) for Council action taken.

 

2.6       (a)        Adoption of a resolution authorizing the City Manager to submit a grant application in an amount not to exceed $455,186 to the Children and Families First Commission of Santa Clara County for the Franklin-McKinley School Readiness Initiative; to execute all documents related to the application and to accept the grant if awarded.  (Library)

            (b)        Adoption of a resolution authorizing the City Manager to submit a grant application in an amount not to exceed $600,110 to the Children and Families First Commission of Santa Clara County for the San José Unified School District School Readiness Initiative; to execute all documents related to the application and to accept the grant if awarded.  (Library)

 

            Documents Filed: (1) Memorandum from Library Director Jane Light, dated May 20, 2002, recommending Council adopt said resolution authorizing the City Manager to submit a grant application to the Children and Families First Commission of Santa Clara County for the Franklin-McKinley School Readiness Initiative and for the San José Unified School District School Readiness Initiative, and to execute all documents related to the application and to accept the grant if awarded. (2) Memorandum from Library Director Jane Light, dated May 20, 2002, recommending Council adopt said resolution authorizing the City Manager to submit a grant application to the Children and Families First Commission of Santa Clara County for the San José Unified School District School Readiness Initiative and to execute all documents related to the application and to accept the grant if awarded.

 

            Discussion/Action: Resolution No. 71013 entitled: “A Resolution of the Council of The City of San Jose Authorizing the City Manager to Execute and Submit an Application to the Children and Families First Commission of Santa Clara County for a Grant for the Franklin-McKinley School District School Readiness Initiative in an Amount Not to Exceed $455,186, to Accept the Grant if Awarded, and to Execute All Related Documents”, and Resolution No. 71014, entitled: “A Resolution of the Council of The City of San Jose Authorizing the City Manager to Execute and Submit an Application to the Children and Families First Commission of Santa Clara County for a Grant for the San Jose Unified School District School Readiness Initiative in an Amount Not to Exceed $600,110, to Accept the Grant if Awarded, and to Execute All Related Documents”, were adopted. Vote 11-0-0-0.

 

2.7       Approval of a Cost Sharing Agreement with the Santa Clara County Library Joint Powers Authority for shared operational funding for library operations at the proposed new City Alum Rock Branch Library.  Council District 5.  SNI:  East Valley/680 Communities.  (Library)

 

            Documents Filed: Memorandum from Library Director Jane Light, dated May 20, 2002, recommending Council approve the Cost Sharing Agreement with the Santa Clara County Library Joint Powers Authority.

 

            Discussion/Action: The Cost Sharing Agreement with the Santa Clara County Library Joint Powers Authority for the new City Alum Rock Branch Library was approved and its execution authorized. Vote: 11-0-0-0.

 

2.8       (a)        Adoption of a resolution to:

                        (1)        Initiate proceedings to consider 89 Pierce Avenue as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.

                        (2)        Set a public hearing on August 6, 2002 at 1:30 p.m.

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

                        Council District 3.  SNI:  Market/Almaden.  (Planning, Building and Code Enforcement)

            (b)        Adoption of a resolution to:

                        (1)        Initiate proceedings to consider 1818 The Alameda as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.

                        (2)        Set a public hearing on August 6, 2002 at 1:30 p.m.

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

                        Council District 6.  (Planning, Building and Code Enforcement)

 

            Documents Filed: (1) Memorandum from Historic Landmarks Commission Secretary Stephan M. Haase, dated May 20, 2002, recommending Council take actions to consider 89 Pierce Avenue as historical landmark. (2) Memorandum from Historic Landmarks Commission Secretary Stephan M. Haase, dated May 20, 2002, recommending Council take actions to consider 1818 The Alameda as historical landmark. (3) Affidavits of routing dated June 14, 2002, submitted by the City Clerk.

 

            Discussion/Action: Resolution No. 71015, entitled: “A Resolution of the Council of The City of San Jose Initiating Proceedings on It’s Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, to Designate 89 Pierce Avenue as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of a Historic Nature”, and Resolution No. 71016, entitled: “A Resolution of the Council of The City of San Jose Initiating Proceedings on It’s Own Motion, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, to Designate 1818 the Alameda as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic, or Engineering Interest or Value of a Historic Nature”, were adopted. Vote 11-0-0-0.

 

2.9       Adoption of a resolution accepting a $25,000 gift from the Silicon Valley Auto Dealers Association for school safety related projects and adoption of appropriation ordinance and funding sources resolution amendments in the Gift Trust Fund in the amount of $25,000.  (Police/City Manager’s Office)

 

            Documents Filed: Memorandum from Police Chief William M. Lansdowne and Budget Director Larry Lisenbee, dated May 20, 2002, recommending adoption of said resolution.

 

            Discussion/Action: Resolution No. 71017, entitled: “A Resolution of the Council of The City of San Jose Accepting a Gift of $25,000 from the Silicon Valley Auto Dealers Association for School Safety Related Projects”; Ordinance No. 26655, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26415 to Appropriate Moneys in the Gift Trust Fund in the Amount of $25,000 for the Police Department for School Safety Gifts; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 71018, entitled: “A Resolution of the Council of The City of San Jose Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Gift Trust Fund”, were adopted. Vote 11-0-0-0.

 

2.10     Report on bids and award of contract for the Solari Park and Vinci Park Play Area Renovation Projects to the low bidder, Beacon Construction, Inc., in the amount of $245,345, and approval of a contingency in the amount of $12,300.  CEQA:  Solari, Exempt, PP02-02-12.  CEQA:  Vinci, Exempt, PP02-04-074.  Council Districts 7 and 4.  (Public Works)

 

            Documents Filed: Memoranda from Public Works Director Katy Allen, dated May 20 and June 6, 2002, recommending award of said contract, with related contingency, to the low bidder, Beacon Construction, Inc.

 

            Discussion/Action: The award of said contract, with related contingency, to the low bidder, Beacon Construction, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

 

2.11     Report on bids and award of contract for the Improvement of Aborn Square Loop Sidewalk Project to the low bidder, and approval of a five percent contingency.  CEQA:  Exempt, PP02-01-001.  Council District 8.  (Public Works)

 

            Documents Filed: Memoranda from Public Works Director Katy Allen, dated May 20 and June 6, 2002, recommending award of said contract to the low bidder.

 

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

 

2.12     Adoption of a resolution of intention to form Community Facilities District No. 8 (Communications Hill) and levy a special tax to the owners of land within the District and setting a public hearing on August 6, 2002 at 1:30 p.m.  Council District 7.  (Public Works)

 

            Documents Filed:  Memorandum from Public Works Director Katy Allen, dated May 20, 2002, recommending adoption of said resolution of intention to form Community Facilities District No. 8 and setting the public hearing.

 

            Discussion/Action: Resolution No. 71019, entitled: “A Resolution of the Council of The City of San Jose of Intention to Establish Community Facilities District No. 8 (Communications Hill) and to Authorize the Levy of Special Taxes”, was adopted. Vote 11-0-0-0

 

2.13     Approval of an agreement with Charles E. Fraser, Arleen C. Fraser, Betty B. Fraser, and Edmund S. Fraser for the purchase of a parcel of land located at 75 South White Road for the Alum Rock Branch Library in the amount of $1,500,000, and authorization for the Director of Public Works to execute the necessary documents to complete the transaction.  Council District 5.  SNI:  East Valley/680 Community.  (Public Works)

 

            Documents Filed: None.

 

            Discussion/Action: This Item was deferred to June 18, 2002.

 

2.14     Report on bids and award of contract for the Wooster Avenue Bridge Project over Silver Creek to the low bidder, and approval of a ten percent contingency.  CEQA:  Negative Declaration, PP 97-06-156.  Council District 3.  :  Five Wounds/Brookwood Terrace.  (Public Works)

 

            Documents Filed: None.

 

            Discussion/Action: This Item was deferred to February 18, 2003.

 

2.15     Report on bids, relieve the low bidder, Terra-Cal Construction, Inc. of its bid without forfeiture of its bid security, award of contract for the construction of the Camden, McAbee, and Santa Teresa Median Island Improvements to the second low bidder, Blossom Valley Construction Company, Inc., to include the base bid and Add Alternate No. 1 in the amount of $1,177,250, and approval of a contingency in the amount of $59,000.  CEQA:  Exempt, PP02-03-036, PP02-03-037, PP03-03-045.  Council Districts 2, 9, and 10.  (Public Works)

 

            Documents Filed: Memorandum from Public Works Director Katy Allen, dated May 20, 2002, recommending Council relieve the low bidder of its bid without forfeiture of its bid security and award of said contract, with related contingency, to the second lowest bidder, Blossom Valley Construction Company, Inc.

 

            Discussion/Action: The relief of the low bidder, Terra-Cal Construction, Inc. of its bid without forfeiture of its bid security and award of said contract, with related contingency, to the second low bidder, Blossom Valley Construction Company, Inc., was approved and its execution authorized. Vote: 11-0-0-0.

 

2.16     (a)        Approval of Contract Change Order No. 2 with Spiniello Companies for the San Tomas Expressway Trunk Sanitary Sewer Rehabilitation Phase I Project, in the amount of $270,000, for a total contract amount of $1,687,833.  CEQA:  Exempt, PP 99-04-088.

            (b)        Adoption of the following appropriation ordinance amendments in the Sanitary Sewer Connection Fee Fund:

                        (1)        Increase the San Tomas Expressway Trunk Project in the amount of $270,000.

                        (2)        Decrease the Ending Fund Balance in the amount of $270,000.

            Council District 1. (Public Works/City Manager's Office)

 

            Documents Filed: Memorandum from Public Works Director Katy Allen and Budget Director Larry D. Lisenbee, dated May 20, 2002, recommending approval of Contract Change Order No 2. to said agreement with Spiniello Company.

 

            Discussion/Action: Contract Change Order No. 2 with Spiniello Companies was approved and Ordinance No. 26656, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26415 to Appropriate Moneys in the Sanitary Sewer Connection Fee Fund in the Amount of $270,000 for the San Tomas Expressway Trunk Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote 11-0-0-0

 

2.17     Approval of a first amendment to the agreement for consultant services between the City of San José and DKS Associates, for the development of the Silicon Valley Smart Corridor ITS Enhancement Project, to amend the scope of services, reallocate task funds, and decrease the maximum compensation by $31,530, from $1,332,000 to $1,300,470.  CEQA:  Exempt, PP 96-06-101.  (Transportation)

 

            Documents Filed: Memorandum from Transportation Director Wayne K. Tanda, dated May 20, 2002, recommending approval of a first amendment to said agreement for consulting services between the City of San José and DKS Associates.

 

            Discussion/Action: The first amendment to said agreement between the City of San José and DKS Associates was approved and its execution authorized. Vote: 11-0-0-0.

 

2.18     Approval of an agreement with Caltrans for further construction of the Route 87 Corridor Freeway Upgrade Project, requiring the City to fund a contribution amount of $1,400,000.  CEQA:  Resolution No. 65071.  (Transportation)

 

            Documents Filed: Memorandum from Transportation Director Wayne K. Tanda, dated May 29, 2002, requesting Council approve agreement with Caltrans for Route 87 freeway project to provide City funding contribution.

 

            Discussion/Action: The agreement with Caltrans for said project was approved and its execution authorized. Vote: 11-0-0-0.

 

2.19     (a)        Report on bids and award of contract for the Evergreen Sanitary Sewer Rehabilitation Phase II Project to the low bidder, Spiniello Companies, in the amount of $1,088,080, and approval of a contingency in the amount of $55,000.  CEQA:  Exempt, PP01-08-140.  Council District 7.  (Public Works)

            (b)        Report on bids and award of contract for the Forest-Rosa Sanitary Sewer Rehabilitation Phase IV Project to the low bidder, Spiniello Companies, in the amount of $1,436,175, and approval of a contingency in the amount of $72,000.  CEQA:  Exempt, PP01-12-210.  Council Districts 1 and 6.  (Public Works)

            (c)        Report on bids and award of contract for the Monterey-Riverside Sanitary Sewer Phase III Rehabilitation Project to the low bidder, Wesco Infrastructure Technologies, Inc., in the amount of $893,540, and approval of a contingency in the amount of $45,000.  CEQA:  Exempt, PP01-08-138.  Council District 2.  (Public Works)

            (d)        Report on bids and award of contract for the Newhall Street Sanitary Sewer Rehabilitation Project to the low bidder, Gelco Services, Inc., in the amount of $424,690, and approval of a contingency in the amount of $21,000.  CEQA:  Exempt, PP02-02-031.  Council District 3.  (Public Works)

 

            Documents Filed: (1) Memorandum from Public Works Director Katy Allen, dated May 20, 2002, recommending award of said contract, with related contingency, to low bidder, Spiniello Companies for the Evergreen Sanitary Sewer Rehabilitation Phase II project. (2) Memorandum from Public Works Director Katy Allen, dated May 20, 2002, recommending award of said contract, with related contingency, to the low bidder, W Spiniello Companies, for the Forest-Rosa Sanitary Sewer Rehabilitation Phase IV Project. (3) Memoranda from Public Works Director Katy Allen, dated May 20 and June 4, 2002 recommending award of said contract, with related contingency, to the low bidder, Wesco Infrastructure Technologies, Inc., for the Monterey-Riverside Sanitary Sewer Phase Project III. (4) Memoranda from Public Works Director Katy Allen, dated May 20 and June 4, 2002, recommending award of said contract, with related contingency, to low bidder, Gelco Services, Inc., for the Newhall Street Sanitary Sewer Rehabilitation Project

 

            Discussion/Action: The award of said contracts, with related contingencies, to low bidders: to Spinello Companies for the Evergreen Sanitary Sewer Rehabilitation Phase II project and the Forest-Rosa Sanitary Sewer Rehabilitation Phase Project IV; to low bidder; to Wesco Infrastructure Technologies, Inc., for the Monterey-Riverside Sanitary Sewer Phase Project III; and to Gelco Services, Inc., for the Newhall Street Sanitary Sewer Rehabilitation Project, were approved and their execution authorized. Vote: 11-0-0-0.

 

2.20     (a)        Authorizing the City Manager to submit a grant application to the California State Library under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for the new Tully Branch Library; to execute all documents related to the application; to accept the grant if awarded; and

            (b)        Making the certification regarding funding for this project as required by the Public Library Construction and Renovation Bond Act of 2000.

            (c)        Authorizing the City Manager to negotiate and execute a joint use cooperative agreement with the Franklin-McKinley School District for shared programming within the new Tully Branch Library.

            CEQA:  Tully Road – Mitigated Negative Declaration, PP 02-04-080. 

            Council Districts 4 and 7.  SNI:  Rockspring/Tully-Senter.  (Library)

            [Deferred from 6/4/02 – Item 2.8(b) (1), (2), and (3)]

            This Item renumbered to 5.2

 

            Documents Filed:  See Item 5.2 for documents filed.

 

            Discussion/Action:  See Item 5.2 for City Council action.

 

2.21     Adoption of resolution that:

            (a)        Authorizes the City Manager to negotiate and execute a second amendment to the continuation agreement with Turner Construction Company in an amount not to exceed $963,000, for a contract total not to exceed $2,976,000, for construction management services through completion of construction documents for the new San José Civic Center Project; and

            (b)        Repeals Resolution No. 70980, adopted by the City Council on May 21, 2002.

                        CEQA:  Resolution No. 68905.  (Public Works)

            (Rules Committee referral 6/5/02)

 

            Documents Filed: Memorandum from Public Works Director Katy Allen, dated June 4, 2002, recommending approval of said resolution.

 

            Discussion/Action: Resolution No. 71020, entitled: “A Resolution of the Council of The City of San Jose Authorizing the City Manager to Negotiate and Execute a Second Amendment to the Continuation Agreement with Turner Construction Company in an Amount not to Exceed $963,000.00 for Construction Management Services Through Completion of Construction Documents for the New San Jose Civic Center Project”, was adopted. Vote 11-0-0-0.

 

2.22     Adopt and transmit a resolution to the Local Government Formation Commission indicating that the City of San José does not oppose the reorganization of territory involving detachment of a portion of property located at 327 Casa Loma Road from the City of San José to the County of Santa Clara and authorizing the Director of Planning, Building, and Code Enforcement to execute a waiver of protest proceedings related to this detachment for LAFCO.

            (Planning, Building and Code enforcement/City Attorney)

            (Orders of the Day)

 

            Documents Filed: Memorandum from City Attorney Richard Doyle, dated June 6, 2002, recommending adoption of said resolution.

 

            Discussion/Action: Resolution No. 71021, entitled: “A Resolution of the Council of The City of San Jose Indicating that the City of San Jose Does Not Oppose that Certain Petition Before the Local Agency Formation Commission of Santa Clara County for the Detachment of a Portion of that Certain Real Property Commonly Known as 327 Casa Loma Road, Morgan Hill, Directing the Director of Planning, Building, and Code Enforcement to Provide a Copy of this Resolution to LAFCO and Authorizing the Director of Planning, Building, and Code Enforcement to Execute a Consent to Waiver of Protest Proceedings for LAFCO”, was adopted. Vote 11-0-0-0.

 

END OF CONSENT CALENDAR

 

3.2       Report of the Rules Committee – May 29, 2002

            Vice Mayor Shirakawa, Jr., Chair

 

            Documents filed: Rules Committee report of May 29, 2002.

 

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

 

                        The Redevelopment Agency Items to be reported out at Redevelopment Agency Board meeting.

 

            (b)        City Council

                        (1)        Review June 11, 2002 Draft Agenda

 

                                    The Committee recommended approval of the June 11, 2002 City Council Agenda.

 

                        (2)        Add New Items to June 4, 2002 Amended Agenda

 

                                    The Committee made no changes to the June 4, 2002 City Council Agenda.

 

            (c)        City Council Committees

                        (1)        Amendments to Council Committee Agendas

                                    (a)        Finance and Infrastructure Committee. Attachment: Draft agenda for the June 12, 2002 Finance and Infrastructure Committee.

 

                                                The Committee recommended two additions to the June 12, 2002 Finance and Infrastructure Committee agenda: Item e, “An Audit of the San José Police Department’s Method of Projecting Sworn Officer Retirements and Other Separations (Auditor)”, and Item g, “San José Permits On-line (IDTS) System Demonstration (Planning, Building and Code Enforcement).”

 

                                    (b)        Economic Development and Environment Committee

                                                None Filed.

 

                                    (c)        Education, Neighborhoods, Youth, and Seniors Committee

                                                None Filed.

 

            (d)        Meeting Schedules - There were none.

 

(e)                The Public Record. Attachment: Memorandum from City Clerk Patricia O’Hearn dated May 23, 2002 transmitting items filed for the Public Record for the period May 15-21, 2002.

 

The Committee noted and filed the Public Record.

 

            (f)         Boards, Commissions and Committees - There were none.

 

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

(1)               Request for rental dispute data

 

                                    The Committee deferred this Item to the June 5, 2002 Rules Committee meeting.

 

            (h)        Administrative Reviews and Approval: Attachment: Memorandum from Fire Chief Alarcon’s dated May 23, 2002 recommending education and public outreach programs to promote stroke awareness.

 

                        (1)        Workload assessment to provide Stroke Awareness Training

 

                                    The Committee accepted Fire Chief Alarcon’s report.

 

                        (2)        Workload assessment to conduct an audit of Hayes Renaissance, LP

 

                        City Auditor Gerald Silva informed the Committee that his staff will begin an audit of Hayes Renaissance, LP in one-two weeks.  He also assured the Committee that the audit would not interfere with his current work plan.

 

            (i)         Oral communications

 

                        Pete Campbell stated that due diligence was not performed in analyzing the civic center alternative sites and submitted his presentation for the record.

 

            (j)         Adjournment

 

 

            Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr. seconded by Council Member Chavez, and unanimously carried, the Rules Committee report and actions of May 29, were accepted. Vote: 11-0-0-0.

 

3.4       Direction to the City Manager to proceed with the financing plan for the new City Hall at the 4th and Santa Clara Street site and the related off-site parking facility (the “Civic Center Project”) including conceptual approval of the following:

            (a)        Financing of the on-site parking facility with the proceeds of lease revenue bonds issued by the Authority for the new City Hall.

            (b)        Use of the proceeds from the sale of the “E” lot site in FY 2006-07 to pay debt service due on the Authority lease revenue bonds issued to finance the Civic Center Project. 

            (c)        Issuance of an amount not to exceed $80.0 million in lease revenue bond anticipation notes, Series 2002A by the Authority to provide an interim source of funding for the Civic Center Project.

            (Finance/Public Works)

 

            Documents Filed: Memorandum from Finance Director Scott P. Johnson and Public Works Director Katy Allen, dated June 6, 2002, recommending Council approve said direction to the City Manager to proceed with the financing plan for the new City Hall.

 

            Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the direction to the City Manager to proceed with the financing plan for the new City Hall at the 4th and Santa Clara Street site and the related off-site parking facility (the “Civic Center Project”) including conceptual approval of related items, was approved. Vote: 11-0-0-0.

 

3.5       Adoption of a resolution:

            (a)        Authorizing the issuance of City of San José General Obligation Bonds, Series 2002 (Libraries, Parks, and Public Safety Projects) (the "2002 Bonds") in the not-to-exceed aggregate principal amount of $116,090,000 to be sold at a competitive sale, with proceeds from the 2002 Bonds allocated as follows: 

                        (1)        $30,000,000 for the Neighborhood Library [Measure O (2002)] projects;

                        (2)        $46,715,000 for the Safe Neighborhood Parks & Recreation [Measure P (2000)] projects; and

                        (3)        $39,375,000 for the San José 911, Fire, Police, Paramedic and Neighborhood Security Act [Measure O 2000] projects.

            (b)        Approving, in substantially final form, the Fiscal Agent Agreement, the Notice Inviting Bids, and the Preliminary Official Statement; authorizing the Director of Finance to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary in connection with the financing of the Library [Measure O (2000)], Parks [Measure P (2000)], and Public Safety [Measure O (2002)] projects through the issuance of the 2002 Bonds.

            (Finance)

 

            Documents Filed: (1) Memorandum from Finance Director Scott P. Johnson, dated May 20, 2002, recommending Council adopt said resolution. (2) Memorandum from Finance Director Scott P. Johnson, dated June 4, 2002, transmitting the draft Preliminary Official Statement for the above referenced projects.

 

            Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member LeZotte, and unanimously carried, Resolution No. 71022, entitled: “A Resolution of the Council of The City of San Jose Authorizing the Issuance of It’s General Obligation Bonds, Authorizing and Directing the Execution of a Fiscal Agent Agreement and Certain Other Related Documents, and Authorizing Actions Related Thereto”, was adopted. Vote 11-0-0-0.

 

3.6       Approval of an ordinance amending Chapter 5.06 of Title 5 of the San José Municipal Code to make changes to contract authority for development of affordable housing, providing additional authority to the City Manager, the Director of Housing, and the Director of Finance.

            (Housing/Finance)

            [Finance and Infrastructure Committee referral 5/22/02 – Item 3.3(b)]

            (Deferred from 6/4/02 – Item 3.5)

 

            Documents Filed:  (1) Supplemental memorandum from Sr. Executive Analyst Nadine Nader, dated May 30, 2002, transmitting the Staff report presented at the Finance and Infrastructure Committee meeting on May 22, 2002, i.e., copy of the memorandum from Housing Director Leslye Corsiglia and Finance Director Scott P. Johnson, dated May 13, 2002, recommending revisions to the City Council’s delegation of authority to the City Administration for negotiating and executing agreement and contracts associated with financing for affordable housing development.

 

            Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortese, and unanimously carried, Ordinance No. 26657, entitled: “An Ordinance of the City of San Jose Amending in Its Entirety Chapter 5.06 of Title 5 of the San Jose Municipal Code to Broaden the Director of Housing’s Authority to Make Adjustments, Within Defined Parameters, to Loans and Grants Previously Approved by the City Council; to Delegate Jointly to the Director of Housing and Director of Finance Authority Related to the City’s Issuance of Tax-Exempt, Private-Activity Bonds to Finance the Development of Affordable Housing Projects; to Delegate to the Director of Finance the Authority to Hold Tax Equity and Fiscal Responsibility Act Hearings on the City’s Proposed Issuance of Tax-Exempt Bonds to Finance Affordable Housing Projects; and to Delegate to the City Manager the Authority to Determine, Within Defined Parameters, Various Terms and Conditions of Loans and Grants Previously Approved by the City Council”, was passed for publication. Vote 11-0-0-0.

 

3.7       Adoption of a resolution approving the Multifamily Housing Revenue Bond Financing Policy.  (Housing/Finance)

            [Finance and Infrastructure Committee referral 5/22/02 – Item 3.3(c)]

            (Deferred from 6/4/02 – Item 3.6)

 

            Documents Filed: (1) Supplemental memorandum from Sr. Executive Analyst Nadine Nader, dated May 30, 2002, transmitting the Staff report presented at the Finance and Infrastructure Committee meeting on May 22, 2002, i.e., copy of the memorandum from Housing Director Leslye Corsiglia and Finance Director Scott P. Johnson, dated May 13, 2002, recommending approval of the Multifamily Housing Revenue Bond Financing Policy.

 

            Discussion/Action: Upon motion by Council Member Dando, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Resolution No. 71023, entitled: “A Resolution of the Council of The City of San Jose Adopting a Multifamily Housing Revenue Bond Financing Policy”, was adopted. Vote 11-0-0-0.

 

4.2       (a)        PUBLIC HEARING and adoption of resolutions to:

                        (1)        Approve the Willow Glen Business Improvement District’s budget report for 2002-2003, as filed or as modified by City Council.

                        (2)        Levy the Willow Glen Business Improvement District’s assessments for 2002-2003.

                        CEQA:  Exempt, PP 02-05-123.  Council District 6.

            (b)        PUBLIC HEARING and adoption of a resolution to:

                        (1)        Approve the Japantown Business Improvement District’s budget report for 2002-2003, as filed or as modified by City Council.

                        (2)        Levy the Japantown Business Improvement District’s assessments for 2002-2003.

                        CEQA:  Exempt, PP 02-05-123.  Council District 3.  SNI:  13th Street.

            (c)        PUBLIC HEARING and adoption of a resolution to:

                        (1)        Approve the Downtown Business Improvement District’s budget report for 2002-2003, as filed or as modified by City Council

                        (2)        Levy the Downtown Business Improvement District’s assessments for 2002-2003.

                        CEQA:  Exempt, PP 02-05-123.  Council District 3.  SNI:  St. James Square; University; Josefa/Auzerais; Burbank/Del Monte.

            (Economic Development)

 

            Documents Filed: (1) Memoranda from Economic Development Director Paul Krutko, dated May 20, 2002, recommending Council adopt said resolution to approve the fiscal year 2002-2003 budget report for the above said assessment districts. (2) Proof of Publication of Notice of Public Hearing, executed on May 31, 2002, submitted by the City Clerk.

 

            Discussion/Action: Mayor Gonzales opened the Public Hearing on the Willow Glen Business Improvement District's 2002-2003 fiscal year budget and the levy of assessments. There was no testimony from the floor. Mayor Gonzales asked the City Clerk if there any written protests were received from affected businesses and City Clerk Patricia L. O’Hearn stated none were received. Upon motion by Council Member Yeager, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed, and Resolution No. 71024, entitled: “A Resolution of the Council of The City of San Jose Approving the Budget Report of the Willow Glen Business Improvement District for Fiscal Year 2002-2003 and Levying Assessments in the District for Fiscal Year 2002-2003” was adopted. Vote: 11-0-0-0. Mayor Gonzales opened the public hearing  on the Japantown Business Improvement District’s 2002-2003 fiscal year budge and the levy of assessments. There was no testimony from the floor. Mayor Gonzales asked the City Clerk if there any written protests were received from affected businesses and City Clerk Patricia L. O’Hearn stated none were received. Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, the public hearing was closed and Resolution No. 71025, entitled: “A Resolution of the Council of The City of San Jose Approving the Budget Report of the Japantown Business Improvement District for Fiscal Year 2002-2003 and Levying Assessments in the District for Fiscal Year 2002-2003”; was adopted. Vote: 11-0-0-0. Mayor Gonzales opened the Public Hearing on the Downtown Business Improvement District's 2002-2003 fiscal year budget and the levy of assessments. Joy Medders addressed Council on this issue. Mayor Gonzales asked the City Clerk if any written protests were received and City Clerk Patricia L. O’Hearn stated none were received.  Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed and Resolution No. 71026, entitled: “A Resolution of the Council of The City of San Jose Approving the Budget Report of the Downtown Business Improvement District for Fiscal Year 2002-2003 and Levying Assessments in the District for Fiscal Year 2002-2003”, was adopted. Vote 11-0-0-0.

 

4.3       (a)        Adoption of a resolution:

                        (1)        Authorizing the issuance of tax-exempt multifamily housing revenue bonds in the principal amount not to exceed $14.0 million.

                        (2)        Approving a loan of bond proceeds to Story Plaza Apartments, L.P., a California limited partnership, for financing the construction of the Pollard Plaza Apartments development located at 1178 McLaughlin Avenue in San José.

                        (3)        Approving in substantially final form the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Intercreditor Agreement, Bond Purchase Agreement, Official Statement and Remarketing Agreement; authorizing the Directors of Finance and Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

                        (4)        Approval of an exception to the City's Investment Policy to allow the proceeds of the Bonds and the repayment of the Mortgage Loan to be invested in an investment agreement with an institution with minimum ratings of "AA" from Standard & Poor's and whose participation in the financing will not adversely affect the expected rating on the Bonds, as approved by the Director of Finance.

                        Council District 7.  SNI:  Tully/Senter.  (Finance/Housing)

 

            (b)        Adoption of a resolution approving business terms for a construction loan of up to $10,305,051 and a permanent loan of up to $7,909,734 to Story Plaza Apartments, LP, an affiliate of Story LIH, LLC, for the development of the Pollard Plaza Apartments (formerly Story Plaza Apartments), a 130-unit development affordable to very low and low-income households, on a total of 1.98 acres located on the east side of McLaughlin Avenue, southerly of Story Road, and on a separate but contiguous parcel located at 1178 McLaughlin Avenue.  Council District 7.  SNI:  Tully/Senter.  (Housing)

 

            Documents Filed: None.

 

            Discussion/Action: This Item was deferred to June 18, 2002.

 

4.4       (a)        Adoption of a resolution:

                        (1)        Authorizing the issuance of tax-exempt multifamily housing revenue bonds in the aggregate principal amount not to exceed $11,000,000;

                        (2)        Approving a loan of bond proceeds to KDF Villa Monterey, L.P., a California limited partnership, created by KDF Communities-Villa Monterey, LLC, a California limited liability company, Paramount Financial Group, and Affordable Housing Access, Inc. for financing the acquisition and rehabilitation of the Villa Monterey Apartments located at 2898 Villa Monterey Road;

                        (3)        Approving in substantially final form the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Assignment and Intercreditor Agreement, Bond Purchase Agreement, Preliminary Official Statement and Remarketing Agreement; and authorizing the Directors of Finance and Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

                        Council District 7.  (Finance/Housing)

            (b)        Adoption of a resolution:

                        (1)        Approving business terms for a loan of up to $2,950,000 to KDF Communities-Villa Monterey, LLC, or an affiliated entity, for the acquisition, rehabilitation and permanent financing of the 120-unit Villa Monterey Apartments development affordable to low- and very low-income households on a 7.49-acre site located at 2898 Villa Monterey Drive.

                        (2)        Approving the Relocation Plan for the Villa Monterey Apartments for potential displacement of existing tenants.

                        Council District 7.  (Housing)

 

            Documents Filed: (1) Memorandum from Finance Director Scott P. Johnson and Housing Director Leslye Corsiglia, dated May 20, 2002, recommending adoption of said resolution pertaining to the Villa Monterey Apartments, Multifamily Housing Revenue Bonds, Series 2002F. (2) Supplemental memorandum from Finance Director Scott P. Johnson, dated June 4, 2002, transmitting draft Preliminary Official Statement for the above referenced financing, as discussed in the May 20, 2002, staff report. (3) Memo-randum from Housing Director Leslye Corsiglia, dated May 20, 2002, recommending adoption of said resolution pertaining to business terms for a loan to KDF Communities-Villa Monterey, LLC and the relocation plan for the Villa Monterey Apartments Project.

 

            Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried,          Resolution No. 71027, entitled: “A Resolu-tion of the Council of The City of San Jose Authorizing the Issuance of Variable Rate Demand Multifamily Housing Revenue Bonds and the Loan of the Proceeds Thereof for the Financing of the Villa Monterey Apartments Project and Approving Other Related Documents and Actions”; and Resolution No. 71028, entitled: “A Resolution of the Council of The City of San Jose (i) Approving a Loan of Up to $2,950,000 for Acquisition Construction and Permanent Financing to KDF Communities – Villa Monterey, LLC or Their Designated Limited Partnership for the Development of a 120 Unit Rental Housing Project Affordable to Low and Very Low Income Persons and Families, (II) Approving the Relocation Plan for the Project (iii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loans on Behalf of the City”, were adopted. Vote 11-0-0-0.

 

4.5       (a)        (1)        Authorizing the issuance of a single series of tax-exempt multifamily housing revenue bonds in a not-to-exceed principal amount of $10,904,000.

                        (2)        Approving a loan of the proceeds to a limited partnership created by Charities Housing Development Corporation, Inc. for financing the acquisition and rehabilitation of the Sunset Square Apartments Project located at 2080 Alum Rock Avenue in San José.

                        (3)        Approving, in substantially final form, the Bonds, Trust Indenture, Loan Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Intercreditor Agreement, Assignment of Deed of Trust, Preliminary Official Statement, Bond Purchase Contract and Remarketing Agreement; authorizing the Directors of Finance and Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

                        (4)        Approval of an exception to the City's Investment Policy to allow the proceeds of the Bonds to be invested in one or more investment agreements with an institution(s) with minimum ratings of "Aa/AA" from Moody's and Standard & Poor's and whose participation in the financing will not adversely affect the expected rating on the Bonds, as approved by the Director of Finance.

                        Council District 5.  (Finance/Housing)

            (b)        Adoption of a resolution approving the Relocation Impact Study and Last Resort Housing Plan for the potential displacement of existing residents of the Sunset Square Apartments, a 96-unit development located at 2080 Alum Rock Avenue.  Council District 5.  (Housing)

                        (Renumbered from Item 2.5)

 

            Documents Filed: (1) Memorandum from Finance Director Scott P. Johnson and Housing Director Leslye Corsiglia, dated May 20, 2002, recommending adoption of said resolution pertaining to the Sunset Square Apartments City of San José Multifamily Housing Revenue Bonds Series 2002E (2) Supplemental memorandum from Finance Director Scott P. Johnson, dated June 4, 2002, transmitting the draft Preliminary Official Statement for Sunset Square Apartments. (3) See Item 2.5 for documents filed on Item 4.5(b).

 

            Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member LeZotte, and unanimously carried, Resolution No. 71029, entitled: “A Resolution of the Council of The City of San Jose Authorizing the Issuance of Multifamily Housing Revenue Bonds and the Loan of the Proceeds Thereof for the Financing of the Sunset Square Apartments Project and Approving Other Related Documents and Actions”; and Resolution No. 71030, entitled: “A Resolution of the Council of The City of San Jose Approving a Relocation Impact Study and Last Resort Housing Plan for the Possible Displacement of Residents Caused by Sunset Square Affordable Housing Project, Located at 2080 Alum Rock Avenue”, were adopted. Vote 11-0-0-0.

 

4.6       PUBLIC HEARING and approval of an ordinance amending Section 19.38.320 of Chapter 19.38 of Title 19 of the San José Municipal Code to provide that any housing types that are not included in the most recent Federal Census may be specified in a resolution of the Council for purposes of calculating the parkland dedication requirement under Parkland Dedication and Park Impact Ordinances, Chapters 19.38 and 14.25 of the San José Municipal Code.  CEQA:  Exempt, PP02-05-117.  (Parks, Recreation and Neighborhood Services)

 

            Documents Filed: (1) Memorandum from Acting Director of Parks, Recreation Albert Balagso, dated May 20, 2002 recommending approval of said amendment to the Parkland Dedication and Park Impact Ordinance. (2) Proof of publication of notice of hearing dated May 30, 2002 and June 7, 2002, submitted by the City Clerk.

 

            Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Williams, and unanimously carried, Ordinance No. 26658, entitled: “An Ordinance of the City of San Jose Amending Section 19.38.320 of Chapter 19.38 of Title 19 of the San Jose Municipal Code to Provide that Any Housing Types Not Included in the Most Recent Census Data May Be Specified in a Resolution of the City Council for Purposes of Calculating the Parkland Dedication Requirement Under the Parkland Dedication and Park Impact Ordinances”, was passed for publication. Vote 11-0-0-0

 

RECREATION & CULTURAL SERVICES

 

5.2       (a)        Approval of the Tully Road Multi-Use Facility Master Plan. CEQA:  Mitigated Negative Declaration, PP02-04-080.  Council District 7.

                        (Parks, Recreation and Neighborhood Services)

            (b)        Adoption of a resolution:

                        (1)        Authorizing the City Manager to submit a grant application to the California State Library under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for the new Tully Branch Library; to execute all documents related to the application; to accept the grant if awarded; and

            (b)        Adoption of a resolution:

                        (2)        Making the certification regarding funding for this project as required by the Public Library Construction and Renovation Bond Act of 2000.

                        (3)        Authorizing the City Manager to negotiate and execute a joint use cooperative agreement with the Franklin-McKinley School District for shared programming within the new Tully Branch Library.

            CEQA:  Tully Road – Mitigated Negative Declaration, PP 02-04-080.

            Council Districts 4 and 7.  SNI:  Rockspring/Tully-Senter.  (Library)

            [Deferred from 6/4/02 – Item 2.8(b) (1), (2), and (3)]

            (Renumbered from 2.20)

 

            Documents Filed: (1) Memorandum from Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated May 24, 2002, recommending approval of the Tully Road Multi-Use Facility Master Plan. (2) Memorandum from Library Director Jane Light, dated May 15, 2002, recommending adoption of said resolution pertaining to the Tully Branch Library.

 

            Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, the Tully Road Multi-Use Facility Master Plan was approved and Resolution No. 71031, entitled: “A Resolution of the Council of The City of San Jose Authorizing the City Manager to Submit an Application to the California State Library Under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for a Grant for the New Tully Branch Library in Excess of the City Manager’s Contract Authority, to Execute all Documents Related to the Grant Application, to Accept the Grant if Awarded, and to Negotiate and Execute a Joint Use Cooperative Agreement with the Franklin-McKinley School District for Shared Programming Within the New Tully Branch Library”, was adopted. Vote 11-0-0-0.

 

5.5       Consideration of the Parks and Recreation Commission’s recommendation to name the swimming pool complex at Bacchus Drive near Crucero Drive the “San José Recreational Swim Center.”  Council District 7.  (City Clerk/Parks and Recreation Commission)

            (Deferred from 6/4/02 – Item 5.2)

 

            Documents Filed:  Memorandum from City Clerk Patricia O’Hearn, dated June 6, 2002, transmitting the recommendation of the Parks and Recreation Commission to name said swimming pool complex the San José Recreational Swim Center.

 

            Discussion/Action: This Item was dropped from the agenda.

 

ENVIRONMENTAL & UTILITY SERVICES

 

7.1       (a)        Adoption of a resolution:

                        (1)        Approving and adopting the findings of the “Report on Cable-Related Needs and Interests and Operator Past Performance” (and the City-commissioned studies referenced in it) and the contents of the Request For Renewal Proposal (“RFRP”), including the findings therein with respect to the cable-related needs and interests of the community, and the past performance of AT&T Broadband HC of California LLC and its predecessors collectively (AT&T HC).   

                        (2)        Authorizing the issuance of the RFRP as attached to this report with an August 12, 2002 deadline for response.

                        (3)        Authorizing the City to issues such notices as may be required to protect its interests under federal law.

                        (4)        Confirming that the requirements and model system are the requirements and the model system that the City Council believes will help meet the needs and interests of this community.

                        (City Manager’s Office)

                        (Referred from 4/23/02 and 5/21/02 – Item 7.2)

            (b)        Approval of an ordinance amending Chapter 15.28 of Title 15 of the San José Municipal Code to regulate the occupancy and use of public rights-of-way by cable systems and open video systems.

            (c)        Approval of an ordinance granting a cable franchise to AT&T Broadband HC of California to construct and operate a cable system to provide cable service within the City of San José.

            (d)        Adoption of an urgency ordinance extending the term of the current cable television franchise originally granted to Gill Industries, Inc. from June 30, 2002 to July 31, 2002.

            (City Manager’s Office)

            (Referred from 4/23/02 and 5/21/02 – Item 7.2)

 

            Documents Filed: (1) Memorandum from Mayor Ron Gonzales and Council Members Dando, Diquisto, and Williams, dated June 10, 2002, recommending that if not presented with a cable franchise agreement that City Staff can strongly support prior to the June 11, 2002 Council Meeting, that Council direct Staff to proceed with the formal resolution process. (2) Memorandum from Assistant City Manager Mark Linder, dated June 10, 2002, recommending       adoption of a resolution (a) Approving and adopting the findings of the Report on Cable-Related Needs and Interests and Operator Past Performance (and the City-commissioned studies referenced in it) and the contents of the Request for Renewal Proposal (RFRP), including the findings therein with respect to the cable-related needs and interests of the community, and the past performance of AT&T Broadband HC of California LLC and its predecessors collectively (AT&T HC); (b) Authorizing the issuance of the RFRP as attached thereto with an August 12, 2002 deadline for response; (c) Authorizing the City to issue such notices as may be required to protect its interests under federal law; and (d) Confirming that the requirements and model system are the requirements and the model system that the City Council believes will help meet the needs and interests of this community. (3) Memorandum from Assistant City Manager Mark Linder, dated May 30, 2002, transmitting documents which update similar documents distributed October 2001, which are necessary to proceed with the formal cable renewal process, including (a) Report of Cable-Related Needs and Interests and Operator Past Performance; (b) Request for Formal Renewal; (c) Draft Model Cable Franchise; and (d) Model Cable Ordinance.

 

            Discussion/Action: William J. Garbett and Ross Signorino spoke on the proposal.  Mayor Gonzales stated that after three years of discussions with AT&T, there were no encouraging signs of reaching a satisfactory agreement in the immediate future and, therefore, it is time to pursue other options to conclude these franchise negotiations and move forward with construction of a modern cable system. He directed City Staff and AT&T to continue informal discussions; however, if no agreement can be reached, a formal process may be the only way to get the type of cable system the Council and residents expect. Mayor Gonzales clarified that Items 7.1(b)(c)(d) were not included in the motion. Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, the Staff recommendations and the memorandum from Mayor Gonzales and Council Members Dando, Diquisto, and Williams dated June 10, 2002, were approved, and Resolution No. 71032, entitled: “A Resolution of the Council of The City of San Jose Adopting Certain Cable-Related Needs and Interests of the Community as Identified in That Certain Staff Report Dated June 11, 2002 and Related Requirements Set Forth Therein; Authorizing the Issuance of a Request for a Renewal Proposal for Cable Franchise, and Closing the Initial Stage of Formal Franchise Renewal Proceedings”, was adopted. Vote 10-0-1-0. Absent: Shirakawa.

 

7.2       Approval of the first amendment to the agreements with Norcal Waste Systems of San José, Inc. and GreenTeam of San José for Integrated Waste Management Services, and to the agreements with Norcal Waste Systems of San José, Inc. and Green Waste Recovery, Inc. for yard trimmings collection and residential street sweeping services, to provide adjustments due to economic, programmatic, and legislative changes which will reduce the cost to the City by $128,500.  CEQA:  Exempt, PP02-05-125.  (Environmental Services)

 

            Documents Filed: None.

 

            Discussion/Action: This Item was deferred to June 18, 2002.

 

 

 

8.1       Approval of a second amendment and continuation agreement to Newsstand and General Merchandise Agreement and Lease with DFS Group L.P. (“DFS”), continuing and extending the term of the agreement from November 1, 2000 to October 31, 2007, with minimum annual guaranteed concession revenues to the City of $1,200,000, and making certain adjustments to the concession fee and operational provisions of the agreement.  CEQA:  Resolution No. 67380.  (Airport)

            (Deferred from 6/4/02 – Item 8.1)

 

            Documents Filed: Memorandum from Director of Aviation Ralph Tonseth, dated May 13, 2002, requesting Council approval of a Second Amendment and Continuation Agreement to Newsstand and General Merchandise Agreement and Lease with DFS Group L.P.

 

            Documents Filed: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously approved, the second amendment to said agreement with DFS Group L.P. was approved and its execution authorized. Vote: 11-0-0-0.

 

8.2       Ap