MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, AUGUST 13, 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, Reed, Williams, Yeager; Gonzales.

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

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to (A) 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 Bugna, (2) In re Van Horn, (3) City of San José, et al. v. Legacy Partners, Inc., et al., (4) California State Automobile Association v. City of San José; (B) to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation, and pursuant to Subsection (c) in two matters involving the initiation of litigation; and (C) Threat to Public Services or Facilities: to consult with San José Police Department, Police Chief.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

Present: Council Members - Campos, Chavez, Cortese, Chirco, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.

Absent: Council Members - None.

Invocation

Several members of the Ole Lumana’i (The Future), a youth program sponsored by Samoan Civic of Santa Clara County, comprised of Elementary, Middle, and High School students from the cities of San José, Sunnyvale, Santa Clara, Milpitas, Campbell, Los Gatos, and Los Altos, performed a Samoan maulu’ulu dance entitled “Samoan Mix”, which represents the kava ceremony. (District 7)

Pledge of Allegiance

Mayor Gonzales led in the Pledge of Allegiance.

Orders of the Day

Mayor Gonzales reported that one of the applicants for the Appeals Hearing Board had an emergency and would not be available for interview at this time; therefore, however, the other three candidates would be interviewed at this meeting, with final decision deferred until August 27, 2002. Upon motion by Council Member Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Yeager.

CEREMONIAL ITEMS

1.1 Presentation of awards by the California Association of Public Information Officials to the City of San José for winning first place for the Best Newsletter in the statewide competition, and for the Paul B. Clark Award for lifetime achievement in the field of public information to David Vossbrink. (City Manager’s Office)

Documents filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were Rick Kitson of California Association of Public Information Officials (CAPIO), Tom Manheim-Public Outreach Manager, Catherine Kenny-Publications Coordinator, and David Vossbrink-Communications Director for the Mayor’s Office. Tom Manheim and David Vossbrink accepted the prestigious awards, and Mr. Kitson congratulated each of the awardees and the City of San José for the outstanding achievements in the fields of communications and public information

1.2 Presentation of the Human Rights Commission award to Barbara Zahner for her service and leadership as former Executive Director of Sacred Heart Community Service. (Yeager)

Documents filed: None.

Discussion/Action: Council Member Yeager joined Mayor Gonzales at the Podium and introduced Human Rights Commission Chair Paul Feci, and Commission Member Socorro Reyes-McCord, who presented the award to Barbara Zahner, former Executive Director of Sacred Heart Community Service, Santa Clara County.

1.3 Ole Lumana’I Youth Program – Welcome to the San José City Council Meeting

Documents filed: None.

Discussion/Action: The City Council joined Vice Mayor Shirakawa, Jr. in welcoming the parents, chaperones, and members of the Ole Lumana’i Youth Program: George Manai, Kineo Alfred, Matthew Utuga, Milo Amituana’i, Alex Fa’agai, Aaron, Fa’agai, Anthony Loto, John Samifua, Jr., Alexander Fa’agai, Jacob Lilo, Avasi’I Samifua, Mathew Manai, Aaron Eckels, Legalo Haro, Kilisi Samifua, Pearla Tanielu, Danielle Tuilagi, Monalisa Te’o, Regina Samifua, Lei Utuga, Megan Pritchard, Agnes Pritchard, Tina Toso, Tiffany

Sa’o, Miriam Arroyo, Chelby Lulio, Chelsey Lulio, Chasity Lulio, Tonu Lafo, Mata’alofa Alfred, Stephanie Aina, Aileen Taliva’a, Simoa Manamea, Tamara Haro, and Rayleen Haro.

1.4 Third Street Community Center Administrators and Students - Welcome to the San José City Council Meeting

Documents filed: None.

Discussion/Action: Mayor Gonzales introduced the administrators and students from the Third Street Community Center, who interviewed Mayor Gonzales during a “press conference” that was held earlier in the day. The guests were asked to stand to be recognized.

CONSENT CALENDAR

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

2.1 Approval of City Council Minutes for:

(a) Regular meeting of January 29, 2002

(b) Regular meeting of February 5, 2002

(c) Mayor’s State of the City Address – February 6, 2002

(d) Regular meeting of February 12, 2002

Documents filed: Minutes of Regular Meetings of January 29, February 5 and 12, 2002; and the Mayor’s State of the City Address of February 6, 2002.

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

2.3 Approval of a second continuation agreement for legal services with Gatzke Dillon & Balance to extend the term through December 31, 2002, at no additional cost to the City. (City Attorney’s Office)

Documents filed: Memorandum from City Attorney Richard Doyle, dated July 24, 2002, recommending approval of said second continuation agreement with Gatzke Dillon & Balance.

Discussion/Action: The second continuation agreement with Gatzke Dillon & Balance was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.

2.4 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Oldani Group, Inc. for senior staff recruitment in an amount not to exceed $140,500, and for a contract term from July 1, 2002 to June 30, 2003. (City Manager’s Office)

(b) Approval of a continuation agreement with the Oldani Group, Inc. for senior staff recruitment to extend the contract term from July 1, 2002 to December 31, 2002, and increase the maximum compensation by $15,000, for a total agreement amount not to exceed $135,000. (City Manager’s Office)

Documents filed: Memoranda from City Manager Del D. Borgsdorf, dated July 24, 2002, recommending (a) adoption of said resolution authorizing the City Manager to negotiate and execute an agreement with the Oldani Group, Inc. for senior staff recruitment, and (b) approval of a continuation agreement with the Oldani Group, Inc. for senior staff recruitment to extend the contract term.

Discussion/Action: William Garbett spoke about the issue. Resolution No. 71159, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Oldani Group, Inc., for Senior Staff Recruitment in an amount not to exceed $140,500”, was adopted, and the continuation agreement with the Oldani Group, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.

2.5 Approval of a master agreement with the San José Conservation Corps, Inc. to carry out community improvement activities for the period July 1, 2002 to June 30, 2003, with four one-year options to extend the agreement.

(City Manager’s Office)

Documents filed: Memorandum from Assistant to the City Manager, Peter Jensen, dated July 24, 202, recommending approval of said master agreement.

Discussion/Action: The master agreement with the San José Conservation Corps, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.

2.6 Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for various projects with a net impact to the fund of $3,804,005, and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements. Council Districts 3 and 5.

(City Manager’s Office)

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated July 24, 2002, recommending approval of said appropriation ordinance and funding sources resolution amendments, and adoption of a resolution making certain determinations regarding the related expenditure of the Redevelopment Agency funds on certain public improvements.

Discussion/Action: Ordinance No. 26706, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Services for Redevelop-ment Capital Projects Fund for the Alum Rock Library Land Acquisition Project, the Center for the Performing Arts Project, and the Paseo de San Antonio Public Spaces Enhancement; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 71160, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71072 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2002-2003 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund”; and Resolution No. 71161, entitled: “A Resolution of the Council of the City of San José Making Certain Determinations Regarding the Expenditure of Redevelopment Agency Funds for Certain Public Improvements in the Alum Rock Redevelopment Project Area”, was adopted. Vote:
10-0-1-0. Absent: Yeager.

2.7 Approval of a continuation agreement with the University of California Cooperative Extension, Santa Clara (UCCE) for research on the use of municipally generated yard waste and food waste products and clopyralid contaminated compost to extend the contract term from August 1, 2002 through August 1, 2003, and increase the maximum compensation by $30,000, for a total agreement amount not to exceed $121,000. (Environmental Services)

Documents filed: None.

Discussion/Action: This item was deferred to August 20, 2002.

2.8 Adoption of a resolution authorizing the City Manager to execute a first amendment to the agreement with ACS Image Solutions, Inc. to extend the contract term from August 7, 2002 to December 31, 2002, and increase the maximum compensation by $65,000, for a total agreement amount not to exceed $1,503,383. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of Planning, Building & Code Enforce-ment Department, Stephen M. Haase, dated July 24, 2002, recommending approval of said resolution.

Discussion/Action: Resolution No. 71162, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute a First Amendment to the Agreement with ACS Image Solutions, Inc.”, was adopted. Vote: 10-0-1-0. Absent: Yeager.

2.9 Approval of the Freeway Maintenance Agreement with the State of California providing for the maintenance of the proposed Bailey Avenue/Route 101 Interchange. CEQA: Resolution No. 68705. Council District 2.

(Public Works)

Documents filed: None.

Discussion/Action: This item was deferred to August 20, 2002.

2.10 Approval of an agreement with A-N West, Inc., for consultant services for the San Tomas Aquino/Saratoga Creek Trail Reach 6 Project, from the date of execution to December 31, 2006, for a base fee in the amount of $315,000, and additional services in the amount of $35,000, for a total agreement amount not to exceed of $350,000. CEQA: Not a project. Council District 1.

(Public Works)

Documents filed: Memorandum from Director of Public Works Katy Allen, dated July 24, 2002, recommending approval of said agreement with A-N West, Inc.

Discussion/Action: The agreement with A-N West, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.

2.11 Report on bids and award of contract for the Center for the Performing Arts Acoustical Wall Treatment Project to the sole bidder, Brunk Industries, in an amount of $182,041, and approval of a contingency in an amount of $27,000. CEQA: Exempt, PP02-05-135. (Public Works)

Documents filed: Memorandum from Director of Public Works Katy Allen, dated July 12, 2002, recommending award of said contract, with related contingency, to the sole bidder, Brunk Industries.

Discussion/Action: The award of said contract, with related contingency, to the sole bidder, Brunk Industries, was approved and its execution authorized. Vote: 11-0-0-0.

2.12 Approval of a first amendment to the agreement with URS Corporation Americas, Inc. for geotechnical engineering services for the New Civic Center Project, modifying the scope of services, extending the term of the agreement from December 31, 2002 to December 31, 2003, and increasing compensation by $250,000, for a total agreement amount not to exceed $470,000.

CEQA: Resolution No. 68905, PP98-03-072. (Public Works)

Documents filed: Memorandum from Director of Public Works Katy Allen, dated July 24, 2002, recommending approval of said first amendment to the agreement with URS Corporation Americas, Inc.

Discussion/Action: William Garbett spoke about the issue. The first amendment to said agreement with URS Corporation Americas, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.

2.13 Adoption of a resolution authorizing the City Manager to submit Transportation Fund Clean Air grant applications to the Bay Area Air Quality Management District for an amount up to $278,000 for the Bascom Avenue Signal Timing Project and an amount up to $25,916 for the Installation of Bike Racks at Public Bus Stops in San José, and to administer the grant funds for these projects. (Transportation)

Documents filed: Memorandum from Acting Director of Transportation James R. Helmer, dated August 1, 2002, recommending adoption of said resolution authorizing the City Manager to submit Transportation Fund Clean Air grant applications to the Bay Area Air Quality Management District, and to administer the funds should the grants be approved.

Discussion/Action: Resolution No. 71163, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit Applications to the Bay Area Air Quality Management District for a Grant for the Bascom Avenue Signal Timing Project in an Amount Not To Exceed $278,500 and for a Grant for the Installation of Bicycle Racks at Public Bus Stops in San Jose in an Amount Not To Exceed $25,916, to Accept the Grants if Awarded, to Execute all Related Documents, and to Administer the Grant Funds for these Projects”, was adopted. Vote: 10-0-1-0. Absent: Yeager.

2.14 Adoption of a resolution authorizing the City Manager to:

(a) Restructure the Revolving Loan Fund (RLF) into a loan loss reserve program, anticipating that approximately $220,000 will be placed in a joint trust account for this purpose;

(b) Negotiate and execute a contract and develop an administrative plan for operation of the RLF after a Request for Proposal process; and

(c) Amend the Administrative Plan for the Development Enhancement Special Fund in conjunction with the Fund Advisory Board.

(Economic Development)

(Deferred from 8/6/02 – Item 2.6)

Documents filed: Memorandum from Director of Economic Development Paul Krutko, dated July 17, 2002, recommending approval of said resolution.

Discussion/Action: Resolution No. 71164, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to: 1) Restructure the Revolving Loan Fund into a Loss Reserve Program; 2) Negotiate and Execute a Contract and Develop an Administrative Plan for the Operation of RLF After a Request for Proposal is Completed; and 3) Amend the Administrative Plan for the Development Enhancement Special Fund to Modify the Lending Criteria and Board Responsibilities”, was adopted. Vote:
10-0-1-0. Absent: Yeager.

2.15 Approval of Council Member Cindy Chavez’ travel to Los Angeles, CA, on August 16, 2002, to tour CIM projects. Funding: Redevelopment Agency. (Chavez)

(Rules Committee referral 8/7/02)

Documents filed: None.

Discussion/Action: The travel for Council Member Chavez on August 16, 2002, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.

2.16 Approval to reject all proposals for security services for the Airport and authorization for staff to issue a new Request for Proposal. (General Services)

(Rules Committee referral 8/7/02)

Documents filed: Memorandum from Director of General Services Jose Obregon, dated August 6, 2002, recommending rejection of all proposals for security services for the Airport and authorize staff to issue a new Request for Proposal (RFP).

Discussion/Action: The approval to reject all proposals for security services for the Airport and authorization for staff to issue a new Request for Proposal was approved. Vote: 10-0-1-0. Absent: Yeager.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of Rules In Lieu – July 31, 2002

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: In-Lieu Rules Committee Report of July 31, 2002

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

(b) City Council

(1) Review August 13, 2001 Draft Agenda

The Committee recommended approval of the August 13, 2002 City Council Agenda.

(2) Add New Items to August 6, 2002 Amended Agenda

The Committee recommended seven additions to the August 6, 2002 City Council Agenda.

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee. Attachment: Draft agenda for the August 14, 2002 meeting of the Finance and Infrastructure Committee.

3.2 Report of Rules In Lieu – July 31, 2002

Vice Mayor Shirakawa, Jr., Chair

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee (Cont’d.)

The Committee add the following item to the August 14, 2002 Finance and Infrastructure Committee Agenda: “An Audit of City Hall Department’s Petty Cash and Change Funds (Auditor)”.

(b) Economic Development and Environment Committee

None Filed.

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

None Filed.

(d) Meeting Schedules - None Presented.

(e) The Public Record - None Filed.

(f) Boards, Commissions, and Committees - None.

(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee - None Presented.

(h) Administrative Reviews and Approval - None.

(i) Oral Communications - None Presented.

(j) Adjournment - The meeting was adjourned at 2:15 p.m.

Discussion/Action: The Rules In Lieu Report and actions of July 31, 2002 were accepted. Vote: 11-0-0-0.

3.4 Interviews and appointment to fill the attorney’s position on the Appeals Hearing Board, for an unexpired term ending December 31, 2004. (City Clerk)

Documents filed: (1) Memorandum from City Clerk Patricia O’Hearn dated August 2, 2002, recommending Council interview four applicants and choose one to fill the attorney’s position on the Appeals Hearing Board. (2) Memorandum from City Attorney Richard Doyle, dated August 2, 2002, following conflict of interest review of the applicants. (3) Memorandum from Appeals Hearing Board Secretary Robert L. Cushing, dated August 9, 2002, stating there are no past or pending Code Enforcement actions listed on any of the applicants.

Discussion/Action: The City Council interviewed three of the four candidates for the attorney’s position on the Appeals Hearing Board and, by unanimous consent, continued the interview of the fourth candidate to August 27, 2002, at which time the City Council will appoint one candidate to the vacant position. Vote: 11-0-0-0.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Adoption of a resolution:

(a) Approving an amendment to the $1,000,000 grant agreement with Neighborhood Housing Services Silicon Valley (NHSSV) to enable a geographic expansion of the Mayfair Neighborhood Acquisition/Reha-bilitation Pilot Program into all Strong Neighborhoods Initiative (SNI) areas.

(b) Approving a contract with NHSSV for acquisition and loan financing services, and for a contract term from July 1, 2002 to June 30, 2003, for a contract amount not to exceed $100,000.

(c) Finding that the use of 20% Housing Funds to capitalize the expanded Acquisition/Rehabilitation Program and to underwrite expenses by NHSSV to administer the Program are a benefit to redevelopment project areas in San José.

CEQA: Exempt, PP 02-07-200. (Housing)

Documents filed: None.

Discussion/Action: This item was deferred to August 27, 2002.

4.3 Adoption of a resolution authorizing the City Manager to:

(a) Negotiate and execute agreements for services approved by the Silicon Valley Workforce Investment Network (SVWIN) Board in support of the continuation of the Welfare to Work Program for the period July 1, 2002 to June 30, 2003, with Santa Clara County Department of Child Support Services, in an amount not to exceed $170,000; NOVA in an amount not to exceed $155,000; and Saint Josephs Center in Gilroy in an amount not to exceed $100,000; and

(b) Negotiate and execute agreements approved by the SVWIN Board for services and support of the Regional Employment Training Consortium for a period from July 1, 2002 to June 30, 2003, with Alameda County Workforce Investment Board in amount not to exceed $340,480; Contra Costa Workforce Investment Board in an amount not to exceed $220,160; Monterey County Workforce Investment Board in an amount not to exceed $125,440; NOVA Workforce Investment Board in an amount not to exceed $107,520; Oakland Private Industry Council in an amount not to exceed $2,723,666; Richmond Workforce Investment Board in an amount not to exceed $110,080; San Mateo County Workforce Investment Board in an amount not to exceed $273,920; and Santa Cruz County Workforce Investment Board in an amount not to exceed $261,120;

(c) Negotiate and execute a continuation agreement with the Institute for Business Performance - San José Evergreen Community College to continue to provide case management and training services to dislocated workers, increasing the amount of compensation by $518,699, from $3,914,722 to $4,433,421, and extending the term by three months from July 1, 2002 until September 30, 2002, approved by the SVWIN Board on April 18, 2002, and to be approved by the Evergreen Community College Board on August 16, 2002; and

(d) Negotiate and execute all contracts, amendments, agreements, leases, subleases, and memos of understanding with sub-contractors and vendors providing services to the Workforce Investment Act Program including, but not limited to novations or assignments, vendor training contracts, consultant contracts, memorandums of understanding required with Mandatory Partners, including memorandums of understanding for the use of One Stop facilities, and cities and the unincorporated area of Santa Clara County whose residents receive service under the WIA program for the period from July 1, 2002 to June 30, 2003, in accordance with established City procurement procedures and requirements that have been reviewed and approved by the SVWIN Executive Committee and/or the SVWIN Board so long as moneys have been appropriated and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the agreement; and

(e) Negotiate and execute vendor training agreements with vendors who provided services to clients of SVWIN during the fiscal year 2001-2002, in anticipation of a vendor training agreement; and

(f) Negotiate and execute all grants and sub grant applications and agreements for discretionary funding applied for and approved by the SVWIN Board for the period from July 1, 2002 to June 30, 2003.

(Economic Development)

(Deferred from 6/6/02 – Item 4.4)

Documents filed:. Memorandum from Director of Economic Development Paul Krutko, dated August 8, 2002, recommending adoption of said resolution.

Discussion/Action: Council Member Cortese expressed concern that this item did not go through the Economic Development and Environmental Committee. Darrell Dearborn, Deputy City Manager, explained that there is an annual action by the Council which provides authority to the Administration to oversee and approve a large number of agreements during the balance of the year and that this item would not normally go through committee; and that this process is in accordance with Council policy. Paul Kruko, Director of Office of Economic Development, explained that prior authority given to the City Manager for implementation of this item expired because of a delay in the WIA Board’s action. Council Member Cortese stated that questions he would have of this process could be discussed in committee and Council would have a better understanding of the actions proposed, and added that he believes a written report presented at committee level prior to Council review, when possible, would be beneficial. Council Member Reed stated that he believes the appointments to the WIA Board are important because of its independent structure, and that the Council and committee will only receive periodic reports of its actions. Deputy City Manager Dearborn stated that Council, through the committee, receives quarterly reports from the WIA Board. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Resolution No. 71165, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Certain Agreements related to WIA and Welfare to Work Programs 2002-2003”, was adopted. Vote: 11-0-0-0

RECREATION & CULTURAL SERVICES

5.2 Approval of the Evergreen Community Center Expansion and Park Master Plan Update. CEQA: Exempt, PP02-05-103. Council District 8. (Parks, Recreation and Neighborhood Services)

Documents filed: Memorandum from Acting Director of Parks, Recreation and Neighborhood Services Albert Balagso, dated July 24, 2002, recommending approval of Evergreen Community Center Expansion and Park Master Plan Update.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Campos, and unanimously carried, the Evergreen Community Center Expansion and Park Master Plan Update was approved. Vote: 11-0-0-0.

ENVIRONMENTAL & UTILITY SERVICES

7.1 Adoption of a resolution authorizing the City Manager to approve a cost sharing agreement with the Santa Clara Valley Water District (District) covering the period retroactive to July 1, 2002, through June 30, 2003, for the implementation of water conservation programs in the area served by the San José/Santa Clara Water Pollution Control Plant (WPCP service area), in a cost sharing amount of up to $1,223,625, of which $661,125 would be available to the District from the City and $562,500 would be available to the City from the District. (Environmental Services)

Documents filed:. (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated July 24, 2002, recommending adoption of said resolution. (2) Letter from the Treatment Plant Advisory Committee dated August 8, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 71166, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with the Santa Clara Valley Water District for Cost Sharing in the Implementation of Water Conservation Programs for Fiscal Year 2002-2003”, was adopted. Vote: 11-0-0-0.

AVIATION SERVICES

8.1 (a) Approval of the seventh amendment to the agreement with PB Aviation, Inc. for consulting services for the Airport Master Plan, increasing compensation by $5,290,000, from $29,550,000 to a total agreement amount not to exceed $34,840,000. CEQA: Resolution No. 67380.

(b) Adoption of the following appropriation ordinance amendments in the Airport Renewal and Replacement Fund:

(1) Increase the Interim Security Designs by $1,346,000.

(2) Increase the Airport Boulevard-Terminal Drive Improvements appropriation by $58,000.

(3) Increase the Alternative Fueling Station appropriation by $52,000.

(4) Increase the Remote Transmitter Receiver Relocation appropriation by $48,000.

(5) Increase the Automated People Mover (APM)-Transit Connection appropriation by $34,000.

(6) Increase the Traffic Mitigation appropriation by $24,000.

(7) Decrease the Advanced Planning appropriation by $901,000.

(8) Decrease the Taxiway Y Interim Rehabilitation appropriation by $661,000.

CEQA: Resolution No. 67380. (Public Works/Airport/City Manager's Office)

Documents filed: Memorandum from Director of Public Works Katy Allen, Aviation Director Ralph G. Tonseth, and Budget Director Larry D. Lisenbee, dated July 24, 2002, recommending (a) approval of said seventh amendment to the agreement with PB Aviation, Inc., for consulting services for the Airport Master Plan, (b) adoption of said appropriation ordinance amendments in the Airport Renewal and Replacement Fund.

Discussion/Action: The seventh amendment to said agreement with PB Aviation, Inc., was approved and its execution authorized, and Ordinance No. 26707, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Airport Renewal and Replacement Fund; and Providing that this Ordinance shall become Effective Immediately Upon Adoption”, was adopted. Vote: 11-0-0-0.

PUBLIC SAFETY SERVICES

9.1 (a) Adoption of a resolution accepting the Office of Criminal Justice Planning Grant Award in amount $82,500 for one year for a Domestic Violence grant.

(b) Adoption of related appropriation ordinance and funding sources resolution amendments in Fiscal Year 2002-2003 in the General Fund as follows:

(1) Increase the Police Department’s Personal Services appropriation by $42,722;

(2) Increase the Police Department’s Non-Personal Expenses appropri-ation by $67,278;

(3) Increase the revenue estimate for Revenue from the Federal Government by $82,500;

(4) Decrease the Contingency Reserve by $27,500.

(Police/City Manager’s Office)

Documents filed:. Memorandum from Chief of Police William M. Lansdowne and Budget Director Larry D. Lisenbee, dated July 24, 2002, recommending (a) adoption of said resolution accepting the Office of Criminal Justice Planning (OCJP) Grant Award, (b) adoption of said Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, Resolution No. 71167, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Accept a Domestic Violence Grant from the State Office of Criminal Justice Planning in an Amount Not To Exceed $82,500, and to Execute all Related Documents”; Ordinance No. 26708, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the General Fund for the Domestic Violence Grant from the Office of Criminal Justice Planning; and Providing that this Ordinance shall become Effective Immediately Upon Adoption”; and Resolution No. 71168, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71072 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2002-2003 to adjust Revenues in the General Fund”, were adopted. Vote: 11-0-0-0.

Closed Session Report

Disclosure of Closed Session Action of August 13, 2002 submitted by City Attorney, J. Richard Doyle:

A. Authority to Enter Litigation Cases as Amicus Curiae:

1. Case Name: Richmond v. Shasta Community Services District

Adverse Party or Parties: Richmond

Substance of Litigation: Water connection and fire suppression fees were found to be property-related under Proposition 218 by the Court of Appeals. The amicus brief in support of the Shasta Community Services District’s appeal to the Supreme Court will distinguish these fees and assessments from those covered by Proposition 218.

Council Vote: Ayes: Campos, Chavez, Cortese, Dando, Diquisto, Reed, Williams, Yeager; Gonzales.

Noes: None.

Absent: LeZotte, Shirakawa, Jr.,

Disqualified: None.

In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

Tract	Location	Council District	Developer	Lots/Units	Type
9438	E/S of Fleming Ave N/O Warner Drive	5	Braddock & Logan Group	12 Units	SFDU

Open Forum

Ross Signorino spoke on various issues.

Adjournment

The Council of the City of San José recessed at 3:35 and reconvened in Joint Session with the Redevelopment Agency, and adjourned at 3:50 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN

CITY CLERK