CSJ Council Agenda Meeting Minutes, Sept. 24, 2002

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, SEPTEMBER 24, 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., Yeager; Gonzales.

Absent: Council Members - Williams (excused).

Upon motion unanimously adopted, Council recessed at 9:35 A.M. to a Closed Session in Room 600 to (A) Conduct public employee performance evaluation pursuant to Government Code Section 54957; (B) 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. Niimoto, et al; (2) Wing and A Prayer v. City of San José, et al; (C) Discuss anticipated litigation pursuant to Subsection (c) of Government Code Section 54956.9, in one matter involving the initiation of litigation; and (D) Confer with Real Property Designated Representatives pursuant to Government Code Section 54956.8, for (1) Property: 2121 North First Street, San José, Ca., Designated Representatives: Darrell Dearborn for the City of San José and Cornish and Carey, Under Negotiation: Direction will concern purchase price and terms of payment.

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, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Yeager; Gonzales.

Absent: Council Members - Williams (excused).

Invocation (District 8)

Imam Tahir Anwar, South Bay Islamic Association, delivered the Invocation.

Pledge of Allegiance

Mayor Gonzales led in the Pledge of Allegiance.

Orders of the Day

Upon motion by Council Member Council Member Yeager , seconded by Council Member Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Williams.

CEREMONIAL ITEMS

1.1 Presentation of a commendation to Sandy Herz, Executive Director of the Software Development Forum, for leadership in the organization, increasing membership, and making the Software Development Forum the leading software membership organization in the State. (Economic Development)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were Paul Krutko, Director of Economic Development, and honoree Sandy Herz. Mayor Gonzales presented the commendation to the honoree in recognition of the successful leadership of the now 2,000-member organization.

1.2 Presentation of a commendation to Judith Doering-Nielsen, founding member of the Development Enhancement Special Fund (DESF) Fund Advisory Board (FAB), for leadership as chairperson of FAB which generated private capital loans and direct loans, resulting in retaining and/or creating jobs. (Economic Development)

Documents Filed: None.

Discussion/Action: Mayor Gonzales and Paul Krutko, Director of Economic Development, acknowledged the honoree’s contributions to the City of San José; and on behalf of the City Council, Mayor Gonzales presented the commendation to Judith Doering-Nielsen.

1.3 Presentation of Annual Redevelopment Agency Employee Recognition Awards. (Executive Director)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium, Redevelopment Agency Executive Director, Susan F. Shick, introduced the honorees, acknowledged the accomplishments of the employees, and Mayor Gonzales presented the awards to Elyse Egan, Alex Guiang, Sachin Kalbag, Alison Novak, Edith Ramirez, Dan Scettrini, Joaquina Twidwell. Director Susan Shick acknowledged the hard work of Frank Chan, who was unable to attend the ceremony.

CONSENT CALENDAR

2.1 (a) Approval of City Council Minutes for the Regular Meeting of March 5, 2002.

Documents Filed: Minutes of the Regular Meeting on March 5, 2002

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

(b) The City of San José Financing Authority Meeting of March 5, 2002

Documents Filed: Minutes of the City of San José Financing Authority Meeting of March 5, 2002.

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

2.2 (a) Final adoption of Ordinance No. 26729 – Amending Title 24 of the San José Municipal Code to adopt the 1997 Uniform Building, 2000 Plumbing and Mechanical Codes, the 1999 National Electrical Code, and portions of the 1997 Uniform Code for Building Conservation with certain exceptions, modifications, and additions.

Documents Filed: Proof of Publication of the title of Ordinance No. 26729 executed on September 13, 2002, submitted by the City Clerk.

Discussion/Action: William Garbett spoke about the item. Ordinance No. 26729 was adopted. Vote: 10-0-1-0. Absent: Williams.

(b) Final Adoption of Ordinance No. 26709 - Amending Section 23.04.020 of Chapter 23.04 of Title 23 of the San José Municipal Code to include regulations of skyline signs and roof signs within the area bounded by US Highway 101, Interstates 237 and 880, and the Guadalupe River and to make additional minor modifications.

[Deferred from 9/3/02 – Item 2.2(a) and 9/17/02 – Item 2.2(a)]

Documents Filed: (1) Supplemental memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated September 19, 2002, recommending adoption of the proposed ordinance amending Title 23, the Sign Code, related to skyline signs and roof signs in the Innovation Triangle with the following clarifications: (a) retain the language in Section 23.04.020(E)(4)(b)(3) as adopted by City Council on April 16, 2002, Ordinance No. 26597, stating that skyline signs in the area north of Highway 101, west of Interstate 880, are allowed and shall be limited to half of the first floor sign area allowance; and (b) modify the language of said section to include in the boundary description “south of State Highway 237.” (2) Proof of Publication of the title of Ordinance No. 26709, executed on August 27, 2001, submitted by the City Clerk.

Discussion/Action: Council Member Reed wanted to be sure changes are not limited to single occupancy buildings, but are applied to all buildings. Stephen Haase, Director of Planning, Building and Code Enforcement, responded that the ordinance applies to multiple buildings as well as single occupancy. Council Member Reed noted that the draft limits the signage to south of 237, but should include north of 237, and understands that if this is included, it should be restated: Ordinance No. 26709 was adopted, and Staff directed to return to Council with an amendment to add the area north of Highway 237. Vote: 10-0-1-0. Absent: Williams.

(c) Final Adoption of Ordinance No. 26735 - Amending Chapter 17.12 of the San José Municipal Code to adopt the 2001 California Fire Code with local amendments to codify existing policies and practices with respect to fire prevention and storage, use and handling of hazardous materials, and to adopt additional requirements.

Documents Filed: Proof of Publication of the title of Ordinance No. 26735 executed on September 20, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26735 adopted. Vote: 10-0-1-0. Absent: Williams.

2.3 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Almaden Youth Association to engage qualified consultants to prepare and provide preliminary planning reports related to a proposed sports fields complex in the Almaden Valley Urban Reserve, in an amount not to exceed $50,000.

(b) Adoption of the following appropriation ordinance amendments in the Council District 10 Construction and Conveyance Tax Fund:

(1) Increase the Almaden Winery Center Conversion Project (Appn 4172) by $15,000.

(2) Decrease the Reserve: Park Acquisition and Development Project by $15,000.

(1) Establish a McKean Road Sports Complex Project for $50,000.

(2) Decrease the Almaden Winery Center Conversion Project by $15,000.

(3) Decrease the General Fund Contingency Reserve by $35,000.

Council District 10. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services/Budget Office)

(Deferred from 9/10/02 – Item 2.5 and 9/17/02 – Item 2.15)

Documents Filed: (1) Memoranda from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, and Director of the Budget Office Larry D. Lisenbee, dated September 4 and September 6, 2002, recommending: (a) Authorization to the City Manager to negotiate and execute an agreement with the Almaden Youth Association; and (b) Adoption of an ordinance amendment in the Council District 10 and Construction and Conveyance Tax Fund; and (c) Adoption of appropriation ordinance amendments in the General Fund. (2) Comments from seventeen individuals on the subject issue.

Discussion/Action: Mark Osborne, Almaden Youth Association, spoke on the item. Resolution No. 71218, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Almaden Youth Association to Engage Qualified Consultants to Prepare Preliminary Planning Reports Related to a Proposed Sports Field Complex in the Almaden Valley Urban Reserve in an Amount Not to Exceed $50,000”; Ordinance No. 26740, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Council District 10 Construction and Conveyance Tax Fund to Increase the Appropriation for the Almaden Winery Center Conversion Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”; and Ordinance No. 26741, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the General Fund to Establish an Appropriation for the McKean Road Sports Complex Project; and Providing that this Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 10-0-1-0. Absent: Williams.

2.4 Adoption of a resolution making revisions to the Administrative Citation Schedule of Fines to renumber sections, add new fines, and make clarifying changes for consistency with the San Jose Municipal Code. (City Attorney's Office)

Documents Filed: Memorandum from the City Attorney, Richard Doyle, dated September 13, 2002, recommending adoption of a resolution amending the Adminis-trative Citation Schedule of Fines.

Discussion/Action: Resolution No. 71216, entitled: “A Resolution of the Council of the City of San José Amending the Administrative Citation Schedule of Fines for Certain Violations of the San Jose Municipal Code in Order to Revise the Non-Standard Administrative Fines Section Headings and to Include New Non-Standard Administrative Fines Following the Adoption of Amendments and Additions to the City of San José Municipal Code, to be Effective October 4, 2002, and Repealing Resolution No. 70897”, was adopted. Vote: 10-0-1-0. Absent: Williams.

2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #7, and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project.

(General Services)

Documents Filed: Memorandum from Jose Obregon, Director for the General Services Department, dated September 4, 2002, recommending approval of open purchase orders for supplies, materials, equipment and services for Fiscal Year 2002-2003, and authorize the Director of General Services to execute the purchase orders.

Discussion/Action: The award of open purchase orders List No. 7 for Fiscal Year 2002 – 2003 was approved and execution of the purchase orders authorized. Vote: 10-0-1-0. Absent: Williams.

2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute a two-year agreement with Baseball Acquisition Company, Inc. (BAC) to use, operate, and manage the San José Municipal Stadium. CEQA: Not a Project. SNI: Spartan/Keyes. (Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Sara L. Hensley, Director of Parks, Recreation and Neighborhood Services, dated September 4, 2002, recommending adoption of a resolution authorizing the City Manger to negotiate and execute a two-year agreement with Baseball Acquisition Company, Inc. (BAC) to use, operate and manage the San José Municipal Stadium.

Discussion/Action: Resolution No. 71217, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Two-Year Agreement with Baseball Acquisition Company, Inc. to Use, Operate and Manage San Jose Municipal Stadium”, was adopted. Vote: 10-0-1-0. Absent: Williams.

2.7 Adoption of a resolution authorizing the City Manager to submit a grant application in the amount of $2 million to the California Department of Education for a 21^st Century Community Learning Center Program.

(Parks, Recreation and Neighborhood Services)

Documents Filed:

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

2.8 Approval of a master agreement with Amphion Environmental, Inc. for design consultant services for the Coyote Creek Trail Project from the date of execution through December 31, 2006, in an amount not to exceed $249,000. CEQA: Not a Project. Council District 7. SNI: Tully/Senter, Rockspring. (Public Works)

Documents Filed: Memorandum from Director of the Public Works Katy Allen, dated September 4, 2002, recommending approval of a master agreement with Amphion Environment, Inc. for design consultant services for the Coyote Trail Project.

Discussion/Action: The master agreement with Amphion Environment, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Williams.

2.9 Report on bids and award of contract for the San Tomas Park Restroom Renovation Project to the low bidder, Sanchez Incorporated, in the amount of $162,200, and approval of a contingency in the amount of $16,000. CEQA: Exempt, PP02-07-187. Council District 1. (Public Works)

Documents Filed: Memoranda from Director of the Public Works Katy Allen, dated September 4 and September 18, 2002, recommending an award of said contract, with related contingency, to the low bidder, Sanchez, Incorporated.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, Sanchez Incorporated, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Williams.

2.10 (a) Report on bids and award of contract for the Evergreen Park Irrigation Renovation Project to the low bidder, B&B Landscape Contractors, Inc., to include the base bid and Add Alternate No. 1 in the amount of $291,500, and approval of a contingency in the amount of $15,000.

CEQA: Exempt, PP02-07-198.

(b) Adoption of the following appropriation ordinance amendments in Council District 8 Construction & Conveyance Tax Fund:

(1) Increase the Evergreen Park Irrigation Renovation Project by $30,000.

(2) Decrease the Ending Fund Balance by $30,000.

Council District 8. (Public Works/City Manager's Office)

Documents Filed: Memorandum from Director of the Public Works Katy Allen, dated September 4, 2002, recommending the award of said contract, with related contingency, to the low bidder, B&B Landscape Contractors, Inc., and adoption of said appropriation ordinance amendments in Council District 8 Construction & Conveyance Tax Fund.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, B&B Landscape Contractors, Inc. was approved and its execution authorized; and Ordinance No. 26739, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Council District 8 Construction and Conveyance Tax Fund to Increase the Appropriation for the Evergreen Park Irrigation Renovation Project; and Providing that this Ordinance shall become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Williams.

2.11 Approval of individual purchase agreements between the City of San José for the:

(a) Boynton Avenue Sidewalk Improvement Project with:

(1) Lois Ann Neal and Mary Ellen Calliger, for the purchase of a portion of their property located at 337 Boynton Avenue, and a temporary construction easement thereto, in the amount of $6,500.

(2) Advance Development Group, Inc., for the purchase of a portion of its property located at 339 Boynton Avenue, and a temporary construction easement thereto, in the amount of $4,600.

(b) Boynton/Williams Road Sidewalk Improvement Project with

(1) Charles H. Baccus Jr. and Dolores J. Baccus, for the purchase of a portion of their property located at 900 Boynton Avenue, and a temporary construction easement thereto, in the amount of $3,150.

(2) Victor Shinagawa, for the purchase of a portion of his property located at 962 Boynton Avenue, and a temporary construction easement thereto, in the amount of $3,000.

(3) Hatsuko Kanemoto, for the purchase of a portion of his property located at 970 Boynton Avenue, and a temporary construction easement thereto, in the amount of $3,450.

(4) Robert A. and Dorothy Escarcega for the purchase of, and a right of entry for immediate access to, a portion of their properties located at 980 Boynton Avenue, in the amount of $4,300.

CEQA: Exempt, PP02-01-001. Council District 1. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated September 4, 2002, recommending approval of individual purchase agreements between the City of San José and private property owners.

Discussion/Action: The individual purchase agreements between City of San José and the private property owners were approved and their execution authorized. Vote: 10-0-1-0. Absent: Williams.

2.12 Report on bids and award of contract for the Thousand Oaks and Roy Avenue Parks Youth and Tot Lot Renovation Project to the lowest responsive bidder, Boulder Rock Landscape Construction, Inc., in the amount of $353,506, and approval of a contingency in the amount of $17,700. Thousand Oaks Park CEQA: Exempt, PP02-07-188. Roy Avenue Park CEQA: Exempt, PP02-07-189. Council Districts 9 and 6. (Public Works)

Documents Filed: Memoranda from Director of Public Works Katy Allen, dated September 4 and September 18, 2002, recommending award of said contract, with related contingency, to the lowest responsive bidder, Boulder Rock Landscape Construction, Inc.

Discussion/Action: The award of the contract, with related contingency, to the lowest responsive bidder, to Boulder Rock Landscape Construction, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Williams.

2.13 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Willis Insurance Services of California, Inc. to provide broker services for an Owner Controlled Insurance Program for the Civic Center Project. CEQA: Resolution No. 68905. (Finance)

Documents Filed: None.

Discussion/Action: This item was deferred to October 1, 2002.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee - Meeting of September 11, 2002

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: Rules Committee Report of September 11, 2002.

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

(b) City Council

(1) Review September 24, 2002 Draft Agenda

The Committee recommended approval of the September 24, 2002 Council Agenda.

(2) Add New Items to September 17, 2002 Amended Agenda

The Committee recommended four additions to the September 17, 2002 Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee - None Filed.

(b) Economic Development and Environment Committee -

None Filed.

(1) Approve addition of items to the ENYS Committee Workplan for meetings of October 21, 2002, November 18, 2002, and December 16, 2002. Attachment: Memorandum from Council Member Chavez, dated September 4, 2002, requesting additions to ENYS Committee workplan.

The Committee recommended approval to add the following items to the ENYS Committee workplan for the period August through December 2002:

· October 21, 2002 - “Status Report on Citywide Trail Projects” (PRNS)

· November 18, 2002 - “Status Report from the Airport Ombudsman and Noise Monitoring Center” (Airport)

· December 16, 2002 - “Status Report on City-wide Trail Projects” (PRNS) Remove: “Status Report on Skate Parks” (PRNS) – now reported bi-monthly

(d) Meeting Schedules - This item reported to Council on September 17, 2002.

(e) The Public Record. Attachment: Memorandum City Clerk Patricia L. O’Hearn dated September 5, 2002 listing the items transmitted to the Administration for the period August 28-September 3, 2002.

The Committee noted and filed the Public Record for the period August 28 – September 3, 2002.

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

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

(1) Request to reconvene the Traffic Calming Committee and approve its workplan for two meetings. Attachment: Memorandum from Council Member Chuck Reed dated August 26, 2002 recommending reconvening the Traffic Calming Advisory Committee and approving its workplan for two meetings.

The Committee (a) referred Council Member Reed’s request to the Administration with direction to incorporate all of the specific topics listed on Page 2 into the Department of Transportation’s Traffic Calming Report which is scheduled to be heard by Council on September 24, 2002; and (b) requested a status report on the traffic calming public outreach campaign regarding how the City coordinates with the Strong Neighborhoods Initiative, community leaders, and other involved groups.

(2) Direct Administration to initiate an audit of the Airport Neighborhood Services Group. Attachment: Memorandum from Council Member Ken Yeager dated November 6, 2001 requesting an audit of the Airport Neighborhood Services Group.

The Committee (a) directed the Administration to check with Council Member Yeager to determine who will perform the audit, the Administration, or the City Auditor, and (b) directed the Administration to return September 18, 2002 with a workload assessment.

(3) Direct Administration to report back on the feasibility of instituting a code enforcement case-tracking log for use by Council. Attachment: Memorandum from Council Member Dave Cortese dated September 4, 2002, requesting a report back on the feasibility of instituting a code enforcement case-tracking log for use by City Council.

The Committee directed the Administration to return to Rules Committee on September 25, 2002 with a workload assessment to institute a code enforcement case-tracking log for use by Council.

(h) Administrative Reviews and Approval

(1) Approve use of Council General funds by Council Member LeZotte to attend the League of California Cities’ Annual Conference in Long Beach, CA, October 2-5, 2002. Attachment: Memoranda from Council Member Linda LeZotte dated August 28, 2002 requesting use of Council General Funds; and from City Clerk Patricia L. O’Hearn dated September 5, 2002 summarizing the use of Council General Travel Budget to date.

The Committee approved the use of Council General funds by Council Member LeZotte to attend the League of California Cities’ Annual Conference in Long Beach, CA, October 2-5, 2002.

(i) Oral Communications

William Garbett expressed concern regarding agendas and Brown Act regulations.

(j) Adjournment - The meeting was adjourned at 2:25 p.m.

Discussion/Action: Council Member Reed stated that a letter from Norm Matteoni had been submitted to Administration and asked if he needed to take action to place it back on the agenda. City Manager Borgsdorf responded that he would follow up and take responsibility to bring it back to the Council. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Rules Committee Report and actions of September 11, 2002 were accepted, with the Administration directed to follow up on response to the letter from Norm Matteoni on behalf of District 4 businesses’ who requested information regarding relief under the “Arterial and Major Collectors Fund Ordinance”. Vote: 10-0-1-0. Absent: Williams.

3.2 Report of the Rules Committee - Meeting of September 18, 2002 (Partial)

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: Partial Rules Committee Report of September 18, 2002.

(h) Administrative Reviews and Approval

(2) Approve City Position on November 2002 State Ballot Proposition 46: Housing and Emergency Shelter Trust Fund Act of 2002. Attachment: Memorandum from Betsy Shotwell, Director of Intergovernmental Relations, dated September 12, 2002 recommending approval of a support position for the statewide ballot Proposition 46.

The Committee approved the recommended City position of “Support” for the Statewide Ballot Proposition 46, “Housing and Emergency Shelter Trust Fund Act of 2002”, set on the November 2002 General Election.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Partial Rules Committee Report and actions of September 18, 2002 were accepted. Vote: 10-0-1-0. Absent: Williams.

3.3 Report of the Finance and Infrastructure Committee – September 11, 2002

Council Member Dando, Chair

Documents Filed: Finance and Infrastructure Committee Report of September 11, 2002.

(a) Consent Items

(1) Monthly Investment Report for July 2002. Attachment: Memorandum from Director of Finance Scott P. Johnson dated August 26, 2002, transmitting said report.

(2) July Monthly Report. Attachment: Letter from City Auditor Gerald A. Silva dated August 29, 2002, transmitting said report.

The Committee accepted the Consent Items.

(b) Major Information Technology Projects Update (Including IT Master Plan Quarterly Status Report). Attachment: Memorandum from the Information Technology Planning Board dated September 3, 2002, transmitting said report.

The Committee accepted the Staff Report.

(c) An Audit of the School Age Growth and Enrichment Program of the Department of Parks, Recreation, and Neighborhood Services. Attachment: Report entitled, An Audit of the School Age Growth and Enrichment (SAGE) Program of the Department of Parks, Recreation, and Neighborhood Services”, dated August 2002, from the Office of the City Auditor.

3.3 Report of the Finance and Infrastructure Committee – September 11, 2002

Council Member Dando, Chair

(c) An Audit of the School Age Growth and Enrichment Program of the Department of Parks, Recreation, and Neighborhood Services. (Cont’d.)

The Committee accepted the Staff Report.

Discussion/Action: See Item 3.6 for Council action taken.

(d) Oral Petitions - None presented.

(e) Adjournment - The Committee meeting was adjourned at 3:45 p.m.

Discussion/Action: Upon motion by Dando, seconded by Council Member Cortese, and unanimously carried, the Finance and Infrastructure Committee Report and actions of September 11, 2002 were accepted, with Item 3.3(c) heard under Item 3.6. Vote: 10-0-1-0. Absent: Williams.

3.4 Presentation of the Independent Police Auditor’s 2002 Midyear Report. (Independent Police Auditor)

Documents Filed: (1) Memorandum from Teresa Guerrero-Daley, Independent Police Auditor, dated September 13, 2002 transmitting the 2002 Mid-Year Independent Police Auditor’s Report, covering the period January 1 to June 30, 2002.

Discussion/Action: Teresa Guerero-Daley, Independent Police Auditor (IPA), provided a brief update of the last six months. She reported that 257 public contacts were received at the IPA’s Office and Internal Affairs, of those, 123 became complaints, with 75 misconduct allegations; and based on the total over the last four years, tracking is about the same rate as last year. She stated that there were only 27 allegations of unnecessary force, with no major injuries, 42 formal investigations audited, and of these, 10% were sustained; the total of all types of complaints audited was 109, of these, further action in 17%, and there was disagreement with the finding in 5 cases. She indicated that there is one recommendation, to reduce the time taken to investigate complaints from ten to six months based on the reduced number of complaints received, and that 78% of the cases were completed within six months over the last three years. Regarding performance indicators, Mayor Gonzales asked why the other 22% of cases were not completed within the six-month period. IPA Guerrero-Daley explained that some take longer than others; however, as formal complaints continue to decrease, there is a target internally to meet a shorter deadline. She added that all are done within a year, as required by law. Mayor Gonzales asked if the performance indicator is best to base on time to complete review or thoroughness, or both. IPA Guerrero-Daley responded that she believes both are needed because Staff looks primarily at formal investigations, as those are complaints assigned to investigators.

Police Chief William Lansdowne commented that the independent audit system has been very successful, and there have been no cases within the last year where an officer has had to use deadly force in the City of San Jose. Regarding the issue of completing cases within six months, the Police Department has always had a six-month deadline and is very close to meeting that with all cases. Council Member Chavez referred to page 7 and asked when IPA disagreed with findings, are these disagreements used to assess the process. Chief Lansdowne explained that he and IPA Guerrero-Daley discuss every case, as well as follow up on those where there might be disagreement. Council Member Chavez asked that as Staff goes through the process and finds an allegation is unfounded, but there is an opportunity to provide support to an Officer, how is that translated in a way that is not deemed as punitive by the Officer but, in fact, does get integrated into the Officer’s training. IPA Guerrero-Daley responded that there are circumstances where the allegation will not be sustained but training and counseling will be provided. Chief Lansdowne explained that there is another system used – if an Officer receives three complaints, founded, sustained, or otherwise, that Officer goes into intervention counseling to determine if there was an underlying factor that needs to be addressed. He added that less than 4% of Officers who go through intervention counseling have a repeat complaint within a year. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Council accepted the Report and directed the Independent Police Auditor to work with Police Chief/Internal Affairs in an effort to complete complaint reviews within the six-month time period. Vote: 10-0-1-0. Absent: Williams.

3.6 Approval to refer the School Age Growth and Enrichment Program to the Education, Neighborhoods, Youth and Seniors Committee.

(Parks, Recreation and Neighborhood Services)

[Finance and Infrastructure Committee referral 9/11/02 – Item 3.3(c)]

Documents Filed: Memorandum from Nadine Nader, Senior Executive Analyst dated September 23, 2002 transmitting the report presented to the Finance and Infrastructure Committee on September 11, 2002 as Item 3.3(c), and stating the Finance and Infrastructure Committee accepted the Staff report and Council Member Dando requested the item be referred to the Education, Neighborhoods, Youth and Seniors Committee.

Discussion/Action: Council Member Campos stated that she still was concerned about the families who might not have access to the internet for information on the program, and asked what is being done to ensure that these families are being reached. Jim Norman, Deputy Director, Parks, Recreation and Community Services, responded that at the beginning of each school year and at second semester, Staff goes to classrooms and to the PTA to present the program. Council Member Reed expressed concern that there is an overlap analysis being done and asked for information on the analysis. Deputy Director Norman explained that the study is to determine where there is overlap with other agencies both in direct services to the children as well as their supervision; how the Services and Recreation Divisions are corroborating on the report, as well as schools and agencies. Upon motion by Council Member Campos, seconded by Council Member Dando, and unanimously carried, the referral of the School Age Growth and Enrichment Program to the Education, Neighborhoods, Youth and Seniors Committee was approved. Vote: 10-0-1-0. Absent: Williams.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1 Report of the Economic Development & Environment Committee – September 9, 2002 Council Member Williams, Chair

Documents Filed: Economic Development and Environment Committee Report of September 9, 2002.

(a) Workforce Investment Act Program FY 2001-02 Fourth Quarter Performance Report. Attachment: Memorandum from Director of Economic Development Paul Krutko, dated August 23, 2002, transmitting said report.

The Committee accepted the report.

(b) Office of Economic Development Report of Activities: January 1 to June 30, 2002. Attachment: Memorandum from Director of Economic Development Paul Krutko, dated August 23, 2002, transmitting said report.

The Committee accepted the report.

The Committee deferred the report to October 7, 2002.

(d) Approval of Amendments to Agreements with Neighborhood Housing Services Silicon Valley to expand the Mayfair Neighborhood Acquisition/Rehabilitation Pilot Program into all Strong Neighborhoods Initiative (SNI) Areas. Attachment: Memorandum from Director of Housing Leslye Corsiglia, dated August 23, 2002, transmitting the July 24, 2002 Staff report pertaining to the Mayfair Neighbor-hood Acquisition/Rehabilitation Pilot Program.

The Committee accepted the report.

Discussion/Action: See Item 4.6 for Council action taken.

(e) Notification Procedures for Street Tree Removal. Attachment: Memorandum from Acting Director of Transportation James R. Helmer dated September 4, 2002, recommending the Rules Committee add the following item to the September 9, 2002 Economic Development and Environment Committee Agenda: “Direct Staff to propose amendment to the posting procedures covered by Section 13.28.140(A) of the Municipal Code; the changes to San José Municipal Code (SJMC) 13.28.240(A) will direct the City Arborist’s Office to notify adjacent property owners on both sides of the street for a distance of one hundred fifty (150) feet of a street tree proposed for removal.”

The Committee accepted the report.

(f) Oral Petitions - None presented.

(g) Adjournment - The meeting was adjourned at 2:55 p.m.

Discussion/Action: Regarding Notification for Tree Removal Permit, Council Member LeZotte stated that this requires an ordinance change and that Staff was supposed to come back to Council at this meeting. She asked that Staff follow up on this. Upon motion by Council Member LeZotte, seconded by Council Member Campos, and unanimously carried, the Economic Development & Environment Committee Report and actions of September 9, 2002 were accepted, with Item 4.1(d) heard at Item 4.6. Vote: 10-0-1-0. Absent: Williams.

4.2 Adoption of a resolution:

(a) Approving a loan of up to $8,950,000 and a conditional grant of up to $5,290,000 to Almaden Family Housing Partners, L. P., or its designated partnership, for the development of the Almaden Family Apartments, a 225-unit family rental development located at 1525-1541 Almaden Road.

(b) Finding that the use of redevelopment funds for the project is of benefit to the Redevelopment Project Areas in San José. CEQA: Negative Declaration, PDC98-089. Council District 7.

(Housing) (Deferred from 9/3/02 – Item 4.3)

Documents Filed: None

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

4.3 Adoption of a resolution approving the 2001-2002 Consolidated Annual Performance Evaluation Report (CAPER). CEQA: Not a Project. (Housing/Parks, Recreation and Neighborhood Services) (Deferred from 9/10/02 – Item 4.2)

Documents Filed: (1) Memorandum from Director of Housing Leslye Corsiglia dated August 27, 2002, recommending that the City Council open, for public review and comment, the hearing on the 2001-2002 CAPER. (2) Memorandum from Director of Housing Leslye Corsiglia and Director of Parks, Recreation and Neighborhood Services Sara Hensley, dated September 9, 2002, transmitting said report and recommending adoption of said resolution approving the 2001-2002 CAPER. (3) Supplemental Memorandum from Director of Housing Leslye Corsiglia and Director of Parks, Recreation and Neighborhood Services Sara Hensley, dated September 18, 2002, incorporating comments made by the public.

Discussion/Action: Referring to page 22 regarding the Homeless Resource Pocket Guide, Council Member Campos stated that many people are not aware of available services and asked if Staff does outreach to neighborhoods. Director of Housing Leslye Corsiglia responded that the Guide is targeted to homeless people and is distributed accordingly. She explained that Staff has a very comprehensive marketing effort for the Acquisi-tion/Rehabilitation Program; however, because of the high demand for this program, marketing is targeted to a specific neighborhood. Council Member Dando, referring to page 6 regarding Child Care, expressed concern that Staff identified affordable childcare as an urgent need and yet have provided only one childcare program. Staff responded that there is one large childcare provider, the YMCA, and that this program belongs to the public services component of CDBG that has very limited funds; however, Staff could use other funding sources to target more childcare providers. Council Member Dando recommended that Staff come back to Council with ideas for more providers. Referring to page 12 regarding Section 8 Housing, she noted that deposits and move in costs are offered for families and asked if this was being coordinated with the Strong Neighborhoods Initiative (SNI) neighborhoods and how information on this is getting out to people at large. Director Corsiglia responded that Staff would bring this information back to Council. Council Member Campos, referring to page 35 regarding Report Card, recommended that next year’s report should be broken down by districts. Upon motion by Council Member Campos, seconded by Council Member Dando, and unanimously carried, Resolution No. 71219, entitled: “A Resolution of the Council of the City of San José Approving the 2001-2002 Consolidated Annual Performance Evaluation Report”, was adopted, and Staff was directed to (a) provide Council with the “Homeless Resource Pocket Guide”, which is used by Housing in outreach efforts; (b) to report to Council via appropriate Council Committee on the status of outreach efforts and how the City can

increase the number of childcare facilities; (c) provide Council with a status report on and recommendations for the distribution of Section 8 information to SNI neighborhoods; and (d) to include in the “Report Card”, the number of affordable housing unit completions by Council Districts. Vote: 10-0-1-0. Absent: Williams.

4.4 Adoption of a resolution:

(a) Authorizing the issuance of tax-exempt multifamily housing revenue bonds in the principal amount not to exceed $31.0 million;

(b) Approving a loan of bond proceeds to Evans Lane Apartments, L.P., a California limited partnership created by Community Home Builders & Associates and JSM Enterprises, Inc, for financing the construction of the Evans Lane Apartments development; and

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

CEQA: ND, PDCSH 01-10-096. Council District 6. (Finance/Housing)

Documents Filed: (1) Memorandum from Scott P. Johnson, Director of Finance, and Leslye Corsiglia, Director of Housing, dated September 4, 2004 recommending adoption of said resolution. (2) Supplemental Memorandum from Scott P. Johnson, Director of Finance, dated September 19, 2002, transmitting Preliminary Official Statement and providing updated status on financing.

Discussion/Action: Resolution No. 71220, entitled: “A Resolution of the City Council of the City of San José, California, Authorizing the Issuance, Sale and Delivery of Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not to Exceed $31,000,000 for the Purpose of Making a Loan to Provide Financing for the Evans Lane Apartments; Determining and Prescribing Certain Matters Relating Thereto; and Approving and Authorizing Related Actions and the Execution and Delivery of Related Documents”, was adopted. Vote: 10-0-1-0. Absent: Williams.

4.5 PUBLIC HEARING and adoption of a resolution to vacate the 20-foot wide public service easement along the rear of five single-family residential lots on Daryl View Court (Lots 1 through 5, Tract 9357). CEQA: Exempt, PP02-09-261. Council District 8. (Public Works)

Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated September 10, 2002, recommending a public hearing and adoption of said resolution. (2) Proof of Publication of Resolution No. 71191, setting a public hearing on public service easement, executed on September 17, 2002, submitted by the City Clerk.

Discussion/Action: Resolution 71221, entitled: “A Resolution of the Council of the City of San José Vacating a 20-Foot-Wide Public Service Easement Along the Rear of Five Single-Family Residential Lots on Daryl View Court (Lots 1 Through 5, Tract 9357)”, was adopted. Vote: 10-0-1-0. Absent: Williams.

4.6 (a) Approval of amendments to the agreements with Neighborhood Housing Services Silicon Valley to expand the Mayfair Neighborhood Acquisition/Rehabilitation Pilot Program into all strong Neighborhoods Initiative (SNI) Areas. (Housing)

(b) Direction to staff to return to Economic Development and Environment Committee in 6 months.

[Economic Development and Environment Committee referral 9/9/02 – Item 4.1(d)]

Documents Filed: Memorandum from Senior Executive analyst Nadine Nader dated September 23, 2002, transmitting the staff report pertaining to Mayfair Neighborhood Acquisition/Rehabilitation Pilot Program, and stating the Committee unanimously accepted the report.

Discussion/Action: William Garbett spoke about the item. Council Member Campos expressed concern that she had not yet received answers to questions she raised before –what were the challenges finding housing stock in the Mayfair area, as the report indicated rehabilitation to one home in one year. She asked if the goal of the program has changed to look at minimizing the amount of rehabilitation done so Staff can do more homes, and what needs to be done so that more than one home can be done in Mayfair and other similar SNI neighborhoods. Ed Moncree, Executive Director of Neighborhood Housing Services of Silicon Valley, responded that they have been working in Mayfair over a year and the biggest challenge is the number of homes on the market that are appropriate to rehabilitate and can be rehabilitated in a manner that in the end would be economic to sell to a low or moderate income family. He added that volume is important in this type of program, and they have been looking to broaden the area to increase that volume. Upon motion by Council Member Campos, seconded by Council Member Cortese, and unanimously carried, the amendments to said agreements with Neighbor-hood Housing Services Silicon Valley were approved and their execution authorized, and Staff directed to return to the Economic Development and Environment Committee in six months with a status report, to include any progress made in expanding the areas for acquisition/rehabilitation housing stock. Vote: 10-0-1-0. Absent: Williams.

RECREATION & CULTURAL SERVICES

5.2 Acceptance of the 2002 Public Art Workplan Second Quarter Report and Maintenance and Repair Report for Public Artworks. CEQA: Not a Project. (Conventions, Arts and Entertainment)

Documents Filed: Memorandum from Director of Conventions, Arts and Entertainment Nancy Johnson, dated September 4, 2002, transmitting said report.

Discussion/Action: Council Member Dando, referring to page 4 regarding the assessment that was done on the commission of artwork, asked if the assessment will be to ensure that the City’s artwork is well cared for. Staff responded that this is part of a long-term maintenance plan which will be provided to Council at the end of the next quarter or the first of next year. Regarding the Paseo Villa Condominiums, Council Member Chavez noted that this project is listed as in the design and development stage, and asked what is the timeframe for resolution as to placement of the art piece. City Attorney Rick Doyle responded that he would follow up next week with a response. Nancy Johnson, Director of Convention, Arts and Entertainment, added that she would also develop a timeline for the completion and installation of the piece. Council Member Chavez asked if the art for Fourth and San Fernando would be installed by the opening. Staff responded that it would be installed by November. Council Member Chavez asked about the Joint Library pieces. Staff stated that future reports would clarify the library phases. Council Member Chavez asked if Staff had been in conversations with the Department of Transportation regarding Route 880 and Coleman as to the possibility of off-ramp, interchange, fencing being appropriate for public art. Staff responded that there have been many conversations with them, and development of a master plan for public art is being developed; however, this is on hold until a budget and timeline are determined. Council Member Chavez stated that because the interchange is moving forward, Staff should work with Transportation Staff before contracts are let or before the next report comes back to Council. Council Member Cortese asked for an explanation of “team building” and “design development.” Council Member LeZotte asked about lighting for the Fallon statue in Pellier Park. Director Johnson responded that she would report back. Council Member Diquisto asked if the art piece had been selected for the Camden Community Center and asked if an art piece can be rejected. Staff responded that the Council has a right to reject an art piece. Director Johnson added that Staff would hold a community meeting to discuss this. Regarding Measures O and P projects, Council Member Dando suggested that these projects start at community meetings, not at a committee. Staff indicated that the process begins with a community panel. Council Member Dando stated that she believes the panel should be made up of people who have been at the community meetings. Upon motion by Council Member Chavez, seconded by Council Member Cortese, and unanimously carried, Council accepted the reports and directed Staff (a) to provide Council with comprehensive timeline for completion and installation of the Paseo Villa Condominiums artwork, and pending resolution of legal issues, the “placement date” for the project; (b) to clarify in future reports the two phases of the Joint Library project, those that are building specific and those that are independent and in community development stages; (c) to provide a progress report on the Public Art Master Plan prior to contracting out work for the I-880/Coleman Interchange at the Airport; and (d) for the O&P Bond Projects that Staff ensure the art process begins with the community. Vote: 10-0-1-0. Absent: Williams.

5.3 Approval of an agreement with the Berryessa Union School District for the construction of the Berryessa Youth Center and joint operation, between the City of San José and the Berryessa Union School District, of the center to be located at Morrill Middle School. CEQA: Exempt, PP02-09-250. Council District 4. (Parks, Recreation and Neighborhood Services)

Documents Filed: None.

Discussion/Action: This item was deferred to October 1, 2002.

5.4 Approval of the Buena Vista Park Master Plan. CEQA: Exempt, PP02-08-208. Council District 6. SNI: Burbank/Del Monte. (Parks, Recréation and Neighborhood Services)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated September 4, 2002, transmitting said Master Plan.

Discussion/Action: Regarding the timeframe on the Buena Vista Park Master Plan, Council Member Yeager questioned the schedule and asked if there ways to expedite the project. Sara Hensley, Director of Parks, Recreation and Neighborhood Services, responded that Staff would review the schedule and report back to Council. Council Member Yeager suggested a possible policy change so contracts would be more aggressive with timelines. Upon motion by Council Member Yeager, seconded by Council Member Chavez, and unanimously carried, the Buena Vista Park Master Plan was approved, with Staff directed to review for revision the development schedule for completion of project design and construction and return to Council with recommendation for a more aggressive timeline to be included in the contracts. Vote: 10-0-1-0. Absent: Williams.

5.5 Approval of the 6^th& William Street Park Master Plan. CEQA: Exempt, PP02-04-084. Council District 3. SNI: University. (Parks, Recreation and Neighborhood Services)

Documents Filed: None.

Discussion/Action: This item was deferred to October 1, 2002.

5.6 Report on bids and award of contract for the Alviso and Northwood Parks Youth and Tot Lot Renovation Project to the low bidder, Robert A. Bothman, Inc., in the amount of $607,130, and approval of a contingency in the amount of $61,000. Alviso Park CEQA: Exempt, PP02-06-169. Northwood Park CEQA: Exempt, PP02-06-170. Council District 4. (Public Works)

Documents Filed: Memoranda from Director of Public Works Katy Allen, dated September 4 and 17, 2002, recommending award of said contract, with related contingency, to the low bidder, Robert A. Bothman, Inc.

Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Diquisto, and unanimously carried, the award of said contract, with related contingency, to the low bidder, Robert A. Bothman, Inc., was approved, with direction to Staff to place appropriate signs strategically when the fence is installed around the perimeter of the construction site. Vote: 9-0-2-0. Absent: Dando, Williams.

5.7 Report on bids and award of contract for the Cimarron and San Tomas Parks Youth and Tot Lot Renovation Project to the low bidder, Robert A. Bothman, Inc, for the base bid and Add Alternates Nos. 1-4 in the amount of $464,218, and approval of a contingency in the amount of $23,000. San Tomas Park CEQA: Exempt, PP02-07-187. Cimarron Park CEQA: Exempt, PP02-07-186. Council Districts 1 and 5. (Public Works)

Discussion/Action: Upon motion by LeZotte, seconded by Council Member Campos, and unanimously carried, the award of said contract, with related contingency, to the low bidder, Robert A. Bothman, Inc., was approved. Vote: 9-0-2-0. Absent: Dando, Williams.

TRANSPORTATION SERVICES

6.1 Approval of the one-year Traffic Calming Status Report. CEQA: Not a Project. (Transportation) (Rules Committee referral 9/18/02)

Documents Filed: (1) Memorandum from Acting Director of Transportation James R. Helmer, dated September 19, 2002, transmitting said report and recommending City Council accept the report. (2) Hard copies of the overhead slides used in the Staff presentation.

Discussion/Action: Jim Helmer, Director of Transportation, presented a summary of the Traffic Calming Program; One Year Summary; Comprehensive Traffic Calming Program; and Traffic Calming Projects. Joe Horwedel, Deputy Director of Planning, Building and Code Enforcement presented: Planning; and Project Review. Police Chief William Lansdowne presented: Enforcement. Director Helmer presented: Education; Publi