CSJ Council Meeting Minutes_Cncl, Sept, 18, 01

MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, SEPTEMBER 18, 2001

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) City of San José v. Pursley; and (2) Church v. City of San José; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in two matters involving significant exposure to litigation; to conduct public employee performance evaluations pursuant to Government Code Section 54957, in the titles of: City Manager, City Attorney, City Clerk, City Auditor, and Independent Police Auditor; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Alex Gurza; Employee Organization: City Association of Management Personnel; City Negotiator: City Manager designee Alex Gurza; Employee Organization: Association of Building and Mechanical and Electrical Inspectors; and City Negotiator: City Manager designee Alex Gurza; Employee Organization: Confidential Employees Organization.

By unanimous consent, Council reconvened from the Closed Session and recessed at 11:45 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

Mohinder Singh, Head Granthi Of Sikh Gurdwara, assisted by Interpreter Jasjit Kaur, delivered the Invocation. (District 8)

Pledge of Allegiance

Mayor Gonzales led in the Pledge of Allegiance and invited the audience to join the City Council in a moment of silence in memory of the victims of the September 11, 2001 attack on the World Trade Center, and in appreciation of the heroic efforts of the four Firefighter teams sent to New York.

ORDERS OF THE DAY

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.

CEREMONIAL ITEMS

1.1 Presentation of a new newsmagazine program on Civic Center Television called “San José in Focus.” (City Manager’s Office)

Documents filed: None.

Discussion/Action: This item was deferred to September 25, 2001.

1.2 Presentation of a commendation recognizing Neil Parry for his personal courage and persistence in pursuit of a football career at San José State University. (Mayor)

Documents filed: None.

Discussion/Action: This item was deferred to September 25, 2001.

1.3 Presentation of a commendation recognizing the San José Fire Department Emergency Medical Dispatchers for achieving the Accredited Center of Excellence Award from the National Academy of Emergency Medical Dispatch. (Fire)

Documents filed: None.

Discussion/Action: This item was deferred to September 25, 2001.

CONSENT CALENDAR

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

2.1 (a) Approval of City Council Minutes for Regular meeting of May 22, 2001

Documents filed: Minutes of the regular meeting of May 22, 2001.

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

(b) Approval of City Council Minutes for Regular meeting of May 15, 2001

[Deferred from 9/11/01 – Item 2.1(a)]

Documents filed: Minutes of May 15, 2001.

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

[Deferred from 9/11/01 – Item 2.1(b)]

Documents filed: Minutes of General Plan Hearings of May 15, 2001.

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

2.2 (a) Final adoption of Ordinance No. 26479 – Rezones certain real property situated at the east side of North First Street, approximately 250 feet southerly of Burton Avenue (1100 North First Street). PDC 01-02-013

Documents filed: Proof of publication of title of Ordinance No. 26479, executed September 11, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26479 was adopted. Vote: 11-0-0-0.

(b) Final adoption of Ordinance No. 26472 – Amends Section 1.08.020 of Chapter 1.08 of Title 1 of the San José Municipal Code, which lists all infractions, to make technical corrections to the list of infractions.

[Deferred from 9/11/01 – Item 2.2(a)]

Documents filed: Proof of publication of title of Ordinance No. 26472, executed September 4, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26472 was adopted. Vote: 11-0-0-0.

2.2 (c) Final adoption of Ordinance No. 26476 – Amends Title 6 of the San José Municipal Code to add a new chapter relating to the activity of auto body repair shops, to establish the permit procedures and set forth operating regulations and conditions.

[Deferred from 9/11/01 – Item 2.2(b)]

Documents filed: Proof of publication of title of Ordinance No. 26476, executed September 4, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26476 was adopted. Vote: 11-0-0-0.

2.3 Adoption of appropriation ordinance and funding sources Resolution amendments increasing the Rental Rehab Program Projects appropriation to the Housing Department by $77,685. (City Manager’s Office)

(Deferred from 9/4/01 – Item 2.5)

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated September 6, 2001, recommending approval of said appropriation ordinance and related revenue Resolution amendments.

Discussion/Action: Ordinance No. 26480, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Home Investment Partnership Program Fund in the Amount of $77,658 for the Rental Rehab Program Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 70610, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Home Investment Partnership Program Fund”, were adopted. Vote: 11-0-0-0.

2.4 Award the sole source purchase of eighty-one Motorola XTS3000 portable radios for the Police Department to Motorola C & E Inc., for a total cost of $327,720.91, including tax and delivery, and authorization for the Director of General Services to execute the purchase order. (General Services)

Documents filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated August 27, 2001, recommending award of said sole source purchase to Motorola C & E Inc., pursuant to Subsection 4.12.020.D of the San José Municipal Code.

Discussion/Action: The award of the sole source purchase to Motorola C & E Inc. was approved and execution of the purchase order authorized. Vote: 11-0-0-0.

2.5 (a) Adoption of appropriation ordinance amendments in the General Fund in the amount of $150,000, for the San José Fire Bell Replica.

(b) Adoption of a Resolution authorizing the City Manager to negotiate and execute design, fabrication, and other implementing agreements, to be installed in Plaza de Cesar Chavez.

CEQA: Exempt. Council District 3. (Conventions, Arts and Entertainment)

(Deferred from 9/11/01 – Item 2.3)

Documents filed: Memorandum from, Director of the Department of Conventions, Arts and Entertainment Nancy Johnson, and Budget Director Larry D. Lisenbee, dated August 22, 2001, recommending adoption of the ordinance amendments in the General Fund and authorization for the City Manager to negotiate and execute said agreements, to be installed in Plaza de Cesar Chavez.

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

2.6 Approval of the second amendment to the agreement with Rob Wellington Quigley, FAIA, for architectural services for the West Valley Branch Library Project, extending the agreement term from November 30, 2002 to March 31, 2003, amending the scope of services, and increasing compensation by $140,000, from $871,167 to $1,011,167. Council District 1. (Public Works)

(Deferred from 9/11/01 – Item 2.4)

Documents filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated August 22, 2001, recommending approval of a second amendment to said agreement with Rob Wellington Quigley, FAIA.

Discussion/Action: Ross Signorino spoke in opposition to the proposed amendment. The second amendment to the architectural services agreement with Rob Wellington Quigley, FAIA, was approved and execution of the amendment authorized. Vote: 11-0-0-0.

2.7 Adoption of an urgency ordinance extending the cable franchise ordinance with Gill Industries, Inc. until December 31, 2001. (City Manager’s Office)

(Rules Committee referral 9/12/01)

Documents filed: Memorandum from Public Outreach Manager Tom Manheim, dated September 18, 2001, recommending approval of an urgency ordinance extending cable franchise agreement with Gill Industries, Inc.

Discussion/Action: Ordinance No. 26481, entitled: “An Urgency Ordinance of the City of San José Approving a Further Extension of the Terms of Ordinance No. 22128, Granting a Non-Exclusive Cable Television Franchise to Gill Industries, Inc., DBA Gill Cable, from September 30, 2001 to December 31, 2001”, was adopted. Vote: 11-0-0-0.

2.8 Approval of Council Member Forrest Williams’ travel to Philadelphia, PA, September 30 through October 4, 2001, to attend the American Public Transportation Association Annual Conference. Funding: Valley Transportation Authority. (Williams)

(Rules Committee referral 9/12/01)

Documents filed: None.

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

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.1 (a) Report of the Study Session – May 16, 2001 – Proposed FY 2001/02 Operating Budget

The City Council’s review of the Proposed Fiscal Year 2001-02 Operating Budget was organized around the City Service Areas developed to review the budget based on services provided rather than by department, namely Strategic Support CSA for Finance and Technology, Employee Services, and City Facilities and Equipment. The staff presentation also included General Fund Reserves, Transfers, Capital, and Fees and Charges.

(b) Report of the Study Session – May 14, 2001 – Proposed FY 2001-02 Operating Budget

[Deferred from 9/11/01 – Item 3.1(a)]

The City Council’s review of the Proposed Fiscal Year 2001-02 Operating Budget continued with staff presentations on Transportation, Environmental and Utility Services, Public Safety, and Strategic Support CSAs, and review of the City Auditor recommendations that the Administration prepare a fee structure to make hazardous materials permanent storage fees cost recovery.

Documents filed: Study Session Reports of May 14 and 16, 2001 on the Proposed FY 2001-02 Operating Budget.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Cortesé and unanimously carried, the Study Session reports and actions of May 14, 2001 and May 16, 2001, were accepted. Vote: 11-0-0-0.

3.2 Report of the Rules Committee Meeting of September 5, 2001

Documents filed: Rules Report of September 5, 2001.

(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 September 18, 2001 Draft Agenda. Attachment: Draft Agenda for September 18, 2001.

The Committee approved the September 18, 2001 City Council Agenda.

(2) Add New Items to September 11, 2001 Amended Agenda.

The Committee recommended no changes to the September 11, 2001 City Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

None Presented.

(d) Meeting Schedules

None Presented.

(e) The Public Record. Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated August 30, 2001, listing the items transmitted to the Administration and those items filed for the Public Record for the period August 22-28, 2001.

The Committee noted and filed the Public Record for the period August 22 to August 28, 2001.

(f) Boards, Commissions and Committees

(1) Authorization to allow a non-City resident to continue to serve as a member of the Housing Advisory Commission. Attachment: (1) Memorandum from Acting Director of Housing Leslye Corsiglia, dated August 29, 2001, requesting authorization to allow a former City resident to continue to serve as a member of the Housing Advisory Commission. (2) Memorandum from Assistant to the City Manager Deanna Santana, dated August 31, 2001, requesting the Rules Committee drop the Housing Department’s request.

The Committee dropped this item.

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

None Presented.

(h) Administrative Reviews and Approval

(1) Approve recommended City positions for League of California Cities Resolutions

This Item was scheduled for reporting to Council on September 11, 2001. The September 11, 2001 Council meeting was cancelled and this item was deferred to September 18, 2001.

(i) Oral Communications

None Presented.

(j) Adjournment

The meeting was adjourned at 2:15 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Rules Committee Report and actions of September 5, 2001 were accepted. Vote: 11-0-0-0.

Documents filed: Partial Rules Committee report of September 5, 2001.

(h) Administrative Reviews and Approval

(1) Approve recommended City positions for League of California Cities Resolutions. Attachment: Memorandum from Director of Intergovernmental Relations Betsy Shotwell, dated August 29, 2001, recommending approval of City positions for nine Resolutions to be considered at the Annual League of California Cities Conference.

The Committee approved the recommended City positions for nine Resolutions to be considered at the Annual League of California Cities Conference to be held in Sacramento, California, September 12-15, 2001.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Partial Rules Committee report and actions of September 5, 2001 were accepted. Vote: 11-0-0-0.

3.2 Report of the Rules Committee Meeting of August 29, 2001

[Deferred from 9/11/01 – Item 3.2]

Documents filed: Rules Committee report of August 29, 2001

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

The Redevelopment Agency items were reported out at Redevelopment Agency Board meeting.

(b) City Council

(1) Review September 11, 2001 Draft Agenda

The Committee approved the September 11, 2001 City Council Agenda.

(2) Add New Items to September 4, 2001 Amended Agenda

The Committee recommended two additions to the September 4, 2001 City Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee. Attachment: Draft Agenda for September 12, 2001.

The Committee recommended the following for the September 12, 2001 City Council Agenda: [1] Add an item entitled, “Wireless Contractual Services at the Airport”; [2] Cancel the September 12, 2001 meeting; and [3] Defer all items to the September 26, 2001 meeting of the Rules Committee.

(b) Economic Development and Environment Committee

None Presented.

(d) Meeting Schedules

None Presented

(e) The Public Record

There was no Public Record.

(f) Boards, Commissions and Committees

None Presented.

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

None Presented.

(h) Administrative Reviews and Approval.

(1) Request by Council Member Chavez to use Council General funds to attend the Congressional Hispanic Caucus Institute 2001 Issues Conference in Washington D. C., September 24-25, 2001. Attachment: (1) Memorandum from Council Member Chavez, dated August 22, 2001, requesting use of Council General funds. (2) Memorandum from City Clerk, Patricia L. O’Hearn, dated August 24, 2001, summarizing use of Council General Travel Budget to date.

The Committee recommended approval for Council Member Chavez to use Council General funds to attend the Congressional Hispanic Caucus Institute 2001 Issues Conference in Washington, D.C., September 24-25, 2001.

(i) Oral Communication

None Presented.

(j) Adjournment

The meeting was adjourned at 2:05 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Rules Committee report and actions of August 29, 2001 were accepted. Vote: 11-0-0-0.

3.4 Consideration of naming the Empire Branch Library the “Joyce Ellington Library.” (Chavez/Mayor)

Documents filed: (1) Memorandum from Mayor Gonzales and Council Member Chavez, dated September 13, 2001, recommending Council approve the renaming of the Empire Library to the “Joyce Ellington Library” (2) Memorandum from San José Library Commission Chair Earnest Guzman, dated August 17, 2001, stating the Commission did not support the proposed renaming, and recommending Council find an alternate vehicle to appropriately recognize the contributions of Ms. Ellington to the San José community.

Discussion/Action: Addressing Council in support of the proposed renaming were Lisa Jensen, Carol Savoy, and Ed Burger, Northside Neighborhood Association. George Berhitoe, Vice Chair of the San José Library Commission spoke against the proposed action. Upon motion by Council Member Chavez, seconded by Council Member Williams and carried, the renaming of the Empire Library to “Joyce Ellington Library” was approved with Council Member Reed dissenting. Vote: 10-1-0-0. Noes: Reed.

3.5 Adoption of appropriation ordinance and funding sources Resolution amendments in the Services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund) for the Convention Center Capital Improvements Project with a net impact to the fund of $800,000. (City Manager’s Office)

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated August 28, 2001, recommending approval of said appropriation ordinance and related revenue Resolution amendments.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Ordinance No. 26482, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Redevelopment Capital Projects Fund (City-Side Redevelopment Capital Fund) in the Amount of $800,000 for the Convention Center Capital Improvements Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 70611, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Redevelopment Capital Projects Fund (City-Side Redevelopment Capital Fund)”, were adopted. Vote: 11-0-0-0.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Adoption of a Resolution:

(a) Approving business terms for an acquisition and permanent loan in an amount not to exceed $651,300, and a conditional grant of up to $308,700, to Combined Addicts and Professionals Services, Inc. for the acquisition and permanent financing of two adjacent properties located at 1072 & 1082 Vermont Street for group home transitional housing for up to 30 individuals with extremely low- and very low incomes.

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

Council District 6. (Housing)

(Deferred from 9/11/01 – Item 4.2)

Documents filed: Memorandum from Acting Director of Housing Leslye Corsiglia, dated August 22, 2001, recommending Council adopt said Resolution.

Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Williams and unanimously carried, Resolution No. 70612, entitled: “A Resolution of the Council of the City of San José (i) Approving the Business Terms for an Acquisition and Permanent Loan in an Amount not to Exceed $651,300, and a Conditional Grant of up to $308,700 to Combined Addicts and Professionals Services, Inc. for the Acquisition and Permanent Financing of Adjacent Properties Located at 1072 & 1082 Vermont Street for Group Home Transitional Housing Affordable to Extremely Low, Very Low and Low Income Individuals; (ii) Finding that the Use of 20% Housing Funds for the Project is of Benefit to the Redevelopment Project Areas in San José, and (iii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents to Carry Out the Purposes of this Resolution on Behalf of the City”, was adopted. Vote: 11-0-0-0.

4.3 Adoption of a Resolution authorizing the Director of Housing to negotiate and execute business terms for a conditional grant not to exceed $1,000,000 to Emergency Housing Consortium for the development of 10 units of transitional housing affordable to extremely low-income households, to be constructed on a portion of the parking lot of the existing Reception Center, located at 2011 Little Orchard Street. Council District 7. (Housing) (Deferred from 9/11/01 – Item 4.3)

Documents filed: Memorandum from Acting Director of Housing Leslye Corsiglia, dated August 22, 2001, recommending Council adopt said Resolution.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 70613, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Housing to Negotiate and Execute Business Terms for a Conditional Grant Not to Exceed $1,000,000 to Emergency Housing Consortium for the Development of 10 Units of Transitional Housing Affordable to Extremely Low-Income Households to be Constructed on a portion of the Parking Lot of the Existing Reception Center, Located at 2011 Little Orchard Street”, was adopted. Vote: 11-0-0-0.

4.4 PUBLIC HEARING and adoption of a Resolution authorizing the reorganization of territory designated as McKee No. 119, which involves the annexation to the City of San José of 3.8 acres of land, located on the east side of North White Road, approximately 450 feet northerly of McKee Road, and the detachment of the same from the Central Fire Protection District, County Library Service Area No. 1, and County Lighting Services. CEQA: Exempt. Council District 5.

(Planning, Building and Code Enforcement)

(Deferred from 9/11/01 – Item 4.4)

Documents filed: Memorandum from Acting Director of Planning, Building and Code Enforcement Joe Horwedel, dated September 7, 2001, recommending adoption of said Resolution.

Discussion/Action: Mayor Gonzales opened the public hearing on the reorganization of the designated territory. There was no discussion from the Floor; however, as a correction, Staff stated 5.1 acres is the accurate acreage identified on “Exhibit A” and the written Description for the McKee No. 119 Annexation to be approved by the City Council. Upon motion by Council Member Campos, seconded by Council Member Chavez and unanimously carried, the public hearing was closed, and Resolution No. 70614, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as McKee No. 119 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0.

Council Member Chavez left Council Chambers at 2:10 p.m.

Council Member Yeager left Council Chambers at 2:11 p.m.

RECREATION & CULTURAL SERVICES

5.2 Acceptance of the Alum Rock Park Status Report.

(Parks, Recreation and Neighborhood Services)

Documents filed: None.

Discussion/Action: This item was deferred to October 2, 2001.

5.3 Report on bids and award of contract for Greystone Park Renovation Project to the low bidder, Jensen Corporation Landscape Contractors, for the base bid only, in the amount of $624,444, and approval of a contingency in the amount of $55,000. CEQA: Exempt. Council District 10. (Public Works)

Documents filed: (1) Memorandum from Acting Director of Public Works Rajeev Batra, dated August 27, 2001, recommending award of said contract to the low bidder. (2) Supplemental memorandum from Acting Director of Public Works Rajeev Batra, dated September 12, 2001, recommending award to low bidder, Jensen Corporation Landscape Contractors for the base bid and related contingency.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Diquisto and unanimously carried, the report on bids was accepted and award of contract and related contingency to Jensen Corporation Landscape Contractors, the low bidder, were approved and execution of the contract authorized. Vote: 9-0-2-0. Absent: Chavez, Yeager.

5.4 Report on bids and award of contract for the Houge Park Play Area and Restroom Renovation Project to the low bidder, Jensen Corporation Landscape Contractors, to include the base bid and Add Alternate Nos. 1 through 8, in the amount of $707,233, and approval of a contingency in the amount of $70,000. CEQA: Exempt. Council District 9. (Public Works)

Discussion/Action: Upon motion by Council Member Diquisto, seconded by Council Member Williams and unanimously carried, the report on bids was accepted and award of contract and related contingency to Jensen Corporation Landscape Contractors, the low bidder, were approved and execution of the contract authorized. Vote: 9-0-2-0. Absent: Chavez, Yeager.

Council Members Chavez and Yeager returned to Chambers during discussion of Item 6.1.

Council Members Diquisto and Reed left Chambers at this point in the meeting.

TRANSPORTATION SERVICES

6.1 Adoption of a Resolution authorizing the City Manager to negotiate and execute the following agreements related to the Silicon Valley – Intelligent Transportation Systems (SV-ITS) Program and grant the City Manager or the Director of the Department of Transportation the authority to extend the terms of the agreements as necessary:

(a) An agreement with Kimley-Horn and Associates for consultant services for the SV-ITS West Corridor Project, in an amount not to exceed $699,725, and for a term from the date of execution to April 30, 2004; and

(b) A first amendment to the agreement with DKS Associates for consultant services for the Airport ATMS Project, to increase the compensation by $245,000, and extend the original term of the agreement from March 31, 2002 to December 31, 2002; and

(c) SV-ITS Enhancement Construction Agreement with the County of Santa Clara, at no cost to the City, and for a term from the date of execution to June 30, 2006; and

(d) SV-ITS Fremont-Milpitas Construction Agreement with the City of Milpitas, at no cost to the City, and for a term from the date of execution to September 30, 2004; and

(e) SV-ITS Memorandum of Understanding (MOU) to facilitate program planning and development with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, Metropolitan Transportation Commission, California Highway Patrol, and California Department of Transportation, at no cost to the City, and for a term from the date of execution to August 1, 2005; and

(f) SV-ITS Cooperation Agreement to facilitate program design and construction implementation with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, and California Department of Transportation, at no cost to the City, and for a term from the date of execution to August 1, 2005; and

(g) SV-ITS Operations and Maintenance Agreement (O&M) with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, California Highway Patrol, and California Department of Transportation, at no cost to the City, and for a term from the date of execution to August 1, 2005; and

(h) A Cooperation Agreement for project design and construction implementation with the City of Fremont, City of Milpitas, County of Santa Clara, and California Department of Transportation for the SV-ITS Fremont – Milpitas Project, at no cost to the City, and for a term from the date of execution to September 30, 2005; and

(i) A Cooperation Agreement for project design and construction implementation with the City of Campbell, City of Cupertino, City of Santa Clara, County of Santa Clara, and California Department of Transportation for the SV-ITS West Corridor Project, at no cost to the City, and for a term from the date of execution to June 30, 2006. and

(j) Authorization for the City Manager or the Director of the Department of Transportation to extend the terms of these agreements as necessary.

CEQA: Exempt. (Transportation)

Documents filed: Memorandum from Director of the Department of Transportation Wayne Tanda, August 27, 2001, recommending Council adopt said Resolution.

Discussion/Action: Director of Transportation Wayne K. Tanda, accompanied by Deputy Director of Transportation Operations, Jim Helmer and ITS Program Manager Lily Lim, summarized background information on and highlighted significant aspects of the Silicon Valley-Intelligent Transportation Systems Program. In the interest of efficiency, Wayne Tanda stated the proposed action is requesting the City Council to authorize the City Manager to negotiate and execute nine agreements related to the Intelligent Transportation Systems Program, thereby eliminating the need to present each contract separately, and authorization for the City Manager, or the Director of Transportation, to extend the terms of the agreements as necessary.

Using PowerPoint presentation, Jim Helmer identified the 12 partner agencies and their shared resources, respective rights, duties and obligations, and participation in the regional traffic management process and the design and construction implementation of the program and projects, and identified the City’s Department of Transportation as the program administrator, lead design agency, and lead environmental agency for the SV-ITS Program. He stated the proposed actions discuss primarily the enhancement project on Highway 17/880, the expansion of the Smart Corridor Project into South Fremont and East to Highway 680, the development of the advanced traffic management system in and around San José International Airport, and the expansion of ITS Programs to the West from Highway 880 to Highway 85. He pointed out project costs and completion dates, and confirmed the projects containment within the VTP 2020 Plan and as part of the City’s regional strategic planning efforts.

Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, Resolution No. 70615, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Various Agreements Between the City of San José, Project Consultants, and/or the Partner Agencies of the Silicon Valley – Intelligent Transportation Systems Program”, was adopted. Vote: 9-0-2-0. Absent: Diquisto, Reed.

Council Member Reed returned to Chambers at 2:25 p.m.

6.2 Acceptance of staff’s Traffic Calming status report. (Transportation)

(Deferred from 9/11/01 – Item 6.1)

Documents filed: (1) Memorandum from Director, Department of Transportation Wayne Tanda, dated September 6, 2001, transmitting the Traffic Calming status report and recommending Council accept the same. (2) Memorandum from Wayne Tanda, Director of the Department of Transportation, dated September 17, 2001, revising “Attachment A” to include a list of all projects currently in Council District 6.

Discussion/Action: With the use of PowerPoint, Director of Transportation, Wayne K. Tanda, summarized background information that addressed the progress toward meeting the objectives of the Traffic Calming Policy, and guidelines identifying adequate staffing and resource levels to meet the projected timelines. He presented the status of traffic calming efforts through the months of July and August, and discussed specific information regarding Traffic Calming Performance Targets categorized in the report as “Condition”, “Timeliness”, “Customer”, and “Cost”. He stated the “Special Project” category consists of 12 special service activities, in addition to the five Capital Improvement Projects in the Mayor’s Fiscal Year 2001-2002 Budget Message, which are beyond the scope of normal traffic calming services and includes the School Access Enhancement Program involving 40 schools, the Public Education Awareness Program, and the expansion of the NASCOP Program. Absent performance results for the current fiscal year and the performance of traffic calming policy timeliness guidelines, he stated the next quarterly report would contain four additional months of traffic calming services and activities and will represent a more accurate assessment of the performance of fiscal year 2001-2002 traffic calming programs and implementation of the traffic calming policy adopted in June 2001. With respect to the current progress, he stated the project backlog has been significantly reduced since July 2001 and that (a) new staff members began the process of gaining experience; (b) several permanent installation studies have been completed; (c) an interdepartmental strike force team has been created to expedite the installation of devices and improvements; and (d) to ensure ongoing communications with Council Members, Staff would provide regularly scheduled and more thorough briefings on the results of projects in respective Council Districts. He recommended Council accept the Traffic Calming status report and direct the preparation of quarterly status reports on traffic calming services and activities beginning January 2002.

Council Member Yeager expressed frustration with the lack of results from the traffic-calming efforts in District 6 and the lack of program accountability, and queried Staff on assurances that internal resources would be re-positioned to comply with scheduled timelines and deadlines to produce significant results. Regarding the use of radar guns as traffic control devices, Director Wayne Tanda stated Staff would confer with the Police Department and provide Council with a report. Council Member Dando emphasized the importance of Staff coordinating with the Police Department the addition of new law enforcement personnel, in lieu of retraining and reassigning Officers to traffic calming efforts. Regarding the crash program and the use of NASCOP equipment, she suggested Staff develop a plan for locating the equipment in neighborhoods, and include in that plan provisions for the recruitment of trained volunteers to locate the equipment within communities. She asked Staff to provide an update on “Attachment A – Summary of Traffic Calming Projects” – which would include a report on the progress toward meeting objectives and whether the projects are continuing on schedule, and identifying the point at which projects convert from basic to Level 1, or accelerate from Level 1 to Level 2.

Council Member LeZotte emphasized the need for more direct contact with Council District Offices and the development of a comprehensive reporting system, which can be customized and improved upon, if necessary. To facilitate community meetings planned by Council Members, she asked Staff to provide Council with a list of all contacts received from constituents requesting traffic calming services. Regarding the level of services, Council Member Campos asked Staff to provide District 5 Office with a bi-weekly report, which specifically includes sites in Districts 4, 8, 7, and 3, and to schedule monthly meetings with Council Members to review projects in respective Council Districts. In response to Council Member Chavez’ request for information regarding “next steps” and a strategy to address the backlog as well as incorporating any new requests for services, SNIs, Capital Projects O and P, traffic calming activities, and Council Priorities, City Manager, Del D. Borgsdorf, stated Deputy City Managers convene groups of employees, where cross-functional responsibilities converge, to address traffic calming issues, thereby bringing together the educational, engineering and enforcement components with the Strong Neighborhood Initiative aspects to consider combining resources of the organization and use the traffic calming as an example of strengthening the interaction between the work performed and information received by Staff. Regarding “next steps”, he stated the Administration will use the existing structure to assess the information and present the results at the interdepartmental meetings on a weekly basis, discuss designing an interactive reporting system which would link both the Strong Neighborhood Initiative and the traffic calming services to the October Policy Setting Priority Session, and update the business plan for budget development. As a point of clarification, Mayor Gonzales stated the object of today’s discussion is to direct Staff to provide Council Members with a list of projects, by District, that can be identified in order of priority and returned to Staff, who subsequently will advise Council of the projects that should be completed. Regarding Safe Schools Routes, Council Member Dando asked Staff to provide each Council Member with a detailed report and list of the locations prior to forwarding the list to the schools. Ross Signorino spoke on the need for a new Police helicopter. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Staff report was accepted, with the following directives given to Staff: (1) Provide Council with the number and uses of photo radar and an informational memorandum regarding the use of NASCOP equipment and patrol; (2) Provide an update on Attachment A – Summary of Traffic Calming Projects – to the 09-06-01 memorandum explaining the carryovers and how they are addressed Citywide. (3) Work with Council Offices to reduce the backlog of traffic calming projects, considering the addition of new requests, and coordinate with the Police Department ongoing traffic enforcement operations. (4) Reinforce communications with Council Offices by developing a comprehensive and interactive reporting system, linking both SNIs and traffic calming and connecting that information to the October Policy Setting Session. (5) Regarding Safe Schools Routes, provide Council with detailed reports for each of the Council Districts, before the reports are distributed to schools. Vote: 11-0-0-0.

ENVIRONMENTAL & UTILITY SERVICES

7.1 Acceptance of the report and authorization for the submission of the detailed comments to the San Francisco Bay Regional Water Quality Control Board addressing the proposed New Development and Redevelopment Requirements of the Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, dated August 17, 2001. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, Joseph Horwedel, Acting Director of Planning, Building and Code Enforcement, Rajeev Batra, Acting Director of Public Works, and Wayne Tanda, Director, Department of Transportation, dated September 13, 2001, recommending Council accept the report and authorize transmittal of formal comments and a reiteration of previous comments to the Regional Water Quality Control Board related to the second draft of the proposed New Development and Redevelopment Requirements of the Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, dated August 16, 2001.

Discussion/Action: Craig Breon, Executive Director, Santa Clara Valley Audubon Society, spoke in opposition to the proposal. Director of Environmental Services, Carl W. Mosher, responded to Council concerns regarding cost shifting, stringent requirements related specifically to San José, ramifications of policy changes regarding infill, and Permit appeal process and the City’s obligation to conform to the conditions of the Permit, during the appeal process. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the report was accepted and authorization to submit detailed comments and a reiteration of previous comments to the Regional Water Quality Control Board was authorized. Vote: 11-0-0-0.

7.2 Authorization for the submittal of the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board in conformance with the City’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System permit requirements, pursuant to the Federal Clean Water Act. (Environmental Services)

(Deferred from 9/4/01 – Item 7.1 and 9/11/01 – Item 7.1)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated August 15, 2001, recommending Council authorize submittal of the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board. (2) Report entitled: WATERSHED WATCH: Urban Runoff Management Plan, Annual Report 2000-2001.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, the annual report was accepted the authorization for the submittal of the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board authorized. Vote: 11-0-0-0.

7.3 (a) Adoption of Resolutions authorizing the following with respect to completion of the Request for Proposals process for lease and/or operation of the San José Municipal Water System:

(1) Authorizing the City Attorney to negotiate and execute a continuation agreement for legal services with Hawkins, Delafield & Wood to extend the term through December 31, 2001, and to increase compensation by $115,000, to a total amount not to exceed $265,000.

(2) Authorizing the City Manager to negotiate and execute a continuation agreement for technical services with HDR Engineering, Inc. to extend the term through December 31, 2001, and to increase compensation by $40,000, to a total amount not to exceed $290,000.

(b) Adoption of the following appropriation ordinance amendments in the Water Utility Fund (Fund 515) to:

(1) Establish an appropriation in the Water Utility Fund in the amount of $155,000 for the above consultant services; and

(2) Reduce the Water Utility Fund ending fund balance by a corresponding $155,000.

(City Manager's Office)

(Deferred from 8/28/01 – Item 7.2 et al, and 9/11/01 – Item 7.2)

Documents filed: (1) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated September 6, 2001, recommending the adoption of said Resolutions and said appropriation revisions with respect to completion of the RFP process for lease and/or operation of the San José Municipal Water System. (2) Memorandum from Budget Director Larry D. Lisenbee, dated September 7, 2001, recommending approval of said appropriation ordinance amendment.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Cortesé and unanimously carried, Resolution No. 70616, entitled: “A Resolution of the Council of the City of San José Authorizing the City Attorney to Negotiate and Execute a Continuation of the Legal Services Agreement with Hawkins, Delafield &Wood Extending the Term Through December 31, 2001, and Increasing Total Compensation by $115,000 for a Total Amount Not to Exceed $265,000”; Resolution No. 70617, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Continuation of the Consultant Agreement with HDR Engineering, Inc. for Technical Services Extending the Term Through December 31, 2001, and Increasing Total Compensation by $40,000 for a Total Amount Not to Exceed $290,000”; and Ordinance No. 26483, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Water Utility Fund (Fund 515) in the Amount of $155,000 for Municipal Water System Consultant Contracts; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.

7.4 (a) Acceptance of the status report on the preparations for transition to the 2002 Recycle Plus Program.

(b) Acceptance of the Integrated Waste Management Efficiency Review.

(c) Approval of the customer rate structure for the Recycle Plus Multi-Family Dwelling Bin² Program beginning July 1, 2002.

(d) Approval of the following Recycle Plus rates for services beginning July 1, 2002:

(1) Set the rate for the new 20-gallon mini garbage cart at $12.95 per month; and,

(2) Set the optional yard trimmings cart subscription rate at $2.00 per month.

(Environmental Services)

Documents filed: None.

Discussion/Action: This item was rescheduled to Thursday, September 20, 2001, at 8:00 a.m., to be heard as Item 7.1.

7.5 Review and approval of the architectural design for the Metcalf Energy Center. (Planning, Building and Code Enforcement)

(Rules Committee referral 9/12/01)

Documents filed: None.

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

AVIATION SERVICES

8.1 Adoption of a Resolution approving a request from S. J. Amoroso Construction Company to substitute Architectural Glass and Aluminum in place of U. S. Glass and Aluminum as the subcontractor for the construction of the window wall system for the Interim Federal Inspection Services International Arrivals Facility at the San José International Airport. (Public Works)

Documents filed: None.

Discussion/Action: This item was deferred to September 25, 2001.

8.2 Approval of the customer service, due process, and labor peace standards outlined in the Request for Proposal Concession Exemplar as well as the relevant service standards outlined in the proposals submitted by Yellow Checker Cab Co., Inc. and United Taxicab Corporation for the concessions at Terminal A & C. (Airport)

(Rules Committee referral 9/12/01)

Documents filed: None.

Discussion/Action: Council Member Chavez stated the issue of locating taxicab stands in the Downtown was referred to the Taxicab Task Force for discussion, and recommended a one-week deferral of Council action. With the recommendation to defer Council action to September 25, 2001, Staff was requested to disregard the drivers’ standards utilized by taxicab companies and develop City performance standards for labor peace; examine regulations regarding short-trip fares and the obligation of cab companies to comply; definitive answer for “loitering” as pertains to specific areas for drivers; benchmark standards for customer satisfaction; and the existence of a plan that allows random inspections of vehicles. Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, this item was deferred to September 25, 2001 with the directive to Staff to return to Council with responses to (a) requirement for performance standards, (b) short trips and what can be done to ensure compliance by cab companies, (c) due process issues, (d) definition of “loitering”, (e) mechanisms to measure customer satisfaction, and (f) development of a plan to randomly inspect/monitor vehicles for safety and appearance. Vote: 11-0-0-0.

Closed Session Report

Disclosure of Closed Session Action of September 18, 2001 submitted by City Attorney, J. Richard Doyle:

A. Authority to Initiate Litigation:

Authority to initiate litigation was given in one (1) matter. The name of the action and the defendants as well as the substance of the litigation shall be disclosed to any person upon inquiry once the action is formally commenced.

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

Noes: None.

Absent: None.

Disqualified: None.

B. Authority to Enter Litigation Cases as Amicus Curiae:

Case Name: Orange County, et al. v. State Water Resources Control Board

Adverse Party or Parties: State Water Resources Control Board

Substance of Litigation: Appeal to Office of Administrative Law to Invalidate State Board Decision Regarding Stormwater Permit Conditions.

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

Noes: None.

Absent: None.

Disqualified: None.

Notice of City Engineer’s Pending Decision on Final Maps
Tract	Proposed Location	Council District	Developer	Lots Units	Type	Decision
9364	W/s of Boynton Ave.	1	Abe Golpour	5 units	SFDR	Approve

Open Forum

(1) Ross Signorino commented on the recent disasters in New York And Washington, D.C.

(2) Pete Campbell suggested the City lease the River Court Center on Julian Street.

The evening session of the Council of the City of San José was cancelled and the following applications and other actions were continued as noted.

PUBLIC HEARINGS

11.1 PUBLIC HEARING and approval of an ordinance amending several sections of Title 20 of the San José Municipal Code to do all of the following: modify the parking requirements for certain industrial land uses; revise provisions pertaining to public eating establishments in industrial zoning districts; amend parking exception for one-family dwellings; include provisions related to setbacks for mechanical equipment in planned development districts; modify provisions related to social service agencies and uses; corrections of typographical errors; and amendments to other titles of the Municipal Code corresponding to changes made as a result of the Zoning Code update.

Citywide

Documents filed: None.

Discussion/Action: This item was continued to October 16, 2001.

11.2 PUBLIC HEARING ON STREET NAMING to allow the naming of two public streets at the northerly terminus of Great Oaks Boulevard, westerly of Monterey Highway and northerly of State Route 85 “Great Oaks Court and Exchange Way.” (1-Star San José, LLC, Owner/Developer). CEQA: Resolution No. 70021.

District 2

Documents filed: None.

Discussion/Action: This item was continued to October 16, 2001.

11.3 PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve a Conditional Use Permit for a project located at the northwest corner of Potrero Drive and Custer Drive, on a 0.82 gross acre site in the R-1-8 Residence Zoning District, to allow the installation of up to 6 wireless communications antennas atop an existing PG&E tower and the installation of an equipment shelter. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1) (Pacific Gas and Electric, Owner; Verizon Wireless, Developer). CEQA: Exempt.

CP 01-03-021 - District 9

Documents filed: None.

Discussion/Action: This item was continued to October 2, 2001.

11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Balbach Street, 200 feet westerly of Market Street, from C-3 Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 12 attached dwelling units on 0.40 gross acre. (Des Nolan, Owner/Developer.) CEQA: Resolution No. 68839. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 00-05-043 - District 3

(Continued from 6/5/01 – Item 11.8 and 6/19/01 – Item 11.9)

Documents filed: None.

Discussion/Action: This item was continued to October 2, 2001.

11.5 PUBLIC HEARING ON CONFORMING REZONING of the property located at the southeast corner of Lincoln and Auzerais Avenues, from HI Heavy Industrial Zoning District to IP Industrial Park Zoning District, to allow office uses on 2.02 gross acres. (Gina Bortoli Test Trust, Owner; Wellington Corporation, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.

C 01-02-026 - District 6

(Continued from 8/14/01 – Item 11.16 and 9/4/01 - Item 11.4)

Documents filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C 01-02-016, dated July 25, 2001, recommending approval of the conforming rezoning. (2) Public Hearing Notice to consider a change in Zoning for C01-02-016 executed on August 3, 2001, and Proof of Publication submitted by the City Clerk.

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

11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeastern corner of U.S. Highway 101 and Silver Creek Valley Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow a hotel athletic club, and office uses on 10.48 gross acres. (Steve Sund, McCandless Companies, Owner/Developer).

PDC 00-10-109 - District 2

Documents filed: None.

Discussion/Action: This item was continued to October 16, 2001.

Adjournment

The Council of the City of San José announced cancelled evening session, and adjourned at 4:30 p.m. in honor of all the victims, families and communities affected by the terrorist attacks, to reconvene on Thursday, September 20, 2001, 8:00 a.m., Council Chambers, to consider Item 7.4.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK