CSJ Council Agenda Meeting Minutes, Oct. 1, 2002

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, OCTOBER 1, 2002

The Council of the City of San José convened in regular session at 9:10 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 9:11 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) Evans v. All Persons Interested, et al., (2) Angulo v. City of San José, et al, (3) Ko v. City of San José.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:35 a.m. and reconvened at 1:36 p.m. in the Council Chambers.

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

Absent: Council Members - None.

Invocation (District 9)

Father Jim Becknell, San José Police Chaplain, delivered the invocation.

Pledge of Allegiance

Mayor Gonzales led in the Pledge of Allegiance.

Orders of the Day

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto, and unanimously carried, the Orders of the Day and the Amended Agenda were approved, with Item 5.6 heard during the Evening Session. Vote: 11-0-0-0.

CEREMONIAL ITEMS

1.1 Presentation of a proclamation declaring October 4, 2002 as Arts Day in San José, and October as the National Arts and Humanities Month.

(Conventions, Arts and Entertainment)

Documents Filed: None.

Discussion/Action: As Liaison to the Fine Arts Commission, Council Member Williams joined Mayor Gonzales at the Podium and introduced Ben Miyaji, Commission Chair, who accepted the proclamation. Mayor Gonzales acknowledged the importance of the arts and humanities, which affects all aspects of life and supports the broad public understanding of the rich diversity of the State’s multi-cultural heritage, and invited the residents of San José and Silicon Valley to participate in and celebrate the artistic contributions to the Community’s quality of life provided by numerous arts and cultural organizations.

1.2 Presentation of a proclamation declaring the month of October as Domestic Violence Awareness Month. (Dando)

Documents Filed: None.

Discussion/Action: Representing the City of San José’s Domestic Violence Prevention Task Force, Council Member Dando joined Mayor Gonzales at the Podium and emphasized the need to continue the educational awareness programs toward eradicating domestic violence and to reduce the impact on families in the community-at-large. She introduced Judge Len Edwards, long-time advocate for the eradication of domestic violence, who accepted the proclamation, acknowledged the partnership between the City and the County, and encouraged all residents to help raise awareness.

1.6 Presentation of a commendation to the IBM Corporation for its generous contributions and ongoing commitment to education in our community, and its continuing active role as an exemplary corporate citizen of the City of San José. (Williams)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Williams acknowledged the success of IBM’s “Reinventing Education” Program and the grants supporting more than 65,000 teachers, 6 million students, and partnerships with 27 school districts in 9 states. He introduced Dr. Ted Olsson-Manager of Corporate Community Relations (Western United States) at IBM, Dr. Linda Murray-Superintendent of San José Unified School District, and Jacqueline Zonah-Program Manager, Educational Affairs, IBM. He acknowledged the participation of San José State University Dean Susan Meier and Associate Dean Miller, who were unable to attend the ceremony. Mayor Gonzales presented the commendations to the honorees.

1.7 Presentation of a proclamation declaring October 2002 as Employment of Persons with Disabilities Month in the City of San José. (LeZotte)

(Rules Committee referral 9/25/02)

Documents Filed: None.

Discussion/Action: As Council Liaison to the Disability Advisory Commission and Chair of the Advisory Board for the Strategic Plan of the City of San José for Persons with Disabilities, Council Member LeZotte joined Mayor Gonzales at the Podium and acknowledged the 12^th Anniversary of the Americans With Disabilities Act of 1990. She introduced Sandra Gouveia, Chair, and Harold Cole, Vice Chair, Disability Advisory Commission, who accepted the proclamation presented by Mayor Gonzales, and encouraged all residents and employers to recognize the day-to-day contributions of the disabled community, and take advantage of the skills and resources provided by those persons.

1.8 Presentation of a commendation to the Class of 2002 Smart Start San José Family Child Care New Business Creation and Retention Services Program for training CalWorks and low-income individuals to open licensed family child care home business and providing services for family child care home providers who are under-enrolled and/or in jeopardy of going out of business. (Williams)

(Rules Committee referral 9/25/02)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Williams introduced Angel Rios-Superintendent, and Deborah Simon-Manager, Office on Child Care, and commended seven members of the Class of 2000 Smart Start Family Child Care New Business Creation and Retention Services Program for their accomplishments. Mayor Gonzales presented the award to Program participants.

1.9 Presentation of three plaques in recognition of the Smart Start San José (SSSJ) program; one plaque will be presented to Mayor Ron Gonzales, the others will be presented to the partners who participated in the competition’s final presentation. Yolanda Garcia, Executive Director of the Institute for Early Childhood Professional Development, and Dr. Ted Olsson, Manager of Corporate Community Relations, (Western States) at IBM will be accepting the other two plaques. (Williams) (Rules Committee referral 9/25/02)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Williams, and Lisa Lawson of the California Community Partnership, who presented the plaques to the honorees, in recognition of the Smart Start San José Program. Mayor Gonzales thanked the broad-based community partners of the Smart Start Program, and introduced Geri Cobb of the North Carolina Smart Start Program, which is a national recognized program for high-quality childcare and early education. All guests were asked to stand to be recognized.

1.10 Presentation of a proclamation designating October 5, 2002, as "White Cane Safety Day" in the City of San José. (Yeager)

(Orders of the Day)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium, Council Member Yeager introduced Bob Stewart, past-president of the Beverly-Burbank Lions Club, and Bob Hanson, District Governor of Lions International, who accepted the proclamation. Mayor Gonzales encouraged all residents to participate in the White Cane Day Walkathon on Saturday, October 5, 2002, at Caesar Chavez Park, 10:00 a.m. – 12:00 Noon, and encouraged all residents to understand and respect the purpose of the “white canes” used by the visually impaired.

1.11 Mayor Gonzales and the City Council welcomes Boys Scout Troop 13 and Scoutmaster.

Documents Filed: None.

Discussion/Action: Mayor Gonzales and the City Council joined Council Member Campos in welcoming Boys Scout Troop 13 and Scoutmaster to the meeting of the City Council as requirement for their Citizenship Merit Badge. The guests were asked to stand to be recognized.

1.12 Mayor Gonzales and the City Council joined Council Member Yeager in acknowledging Cub Scout Pack 390 and Cubmasters of St. Martin’s.

Documents Filed: None.

Discussion/Action: Mayor Gonzales and the City Council joined Council Member Yeager in acknowledging Cub Scout Pack 390 and Cubmasters of St. Martin’s, attending the meeting of the City Council as requirement for their Citizenship Merit Badge. The guests were asked to stand to be recognized.

CONSENT CALENDAR

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.

2.2 Final adoption of ordinances.

(a) ORD. NO. 26733 – Amends Chapter 11.40 of Title 11 of the San José Municipal Code to establish parking meter districts.

Documents Filed: Proof of Publication of the title of Ordinance No. 26733 executed on September 24, 2002, submitted by the City Clerk

Discussion/Action: William Garbett spoke on the item. Ordinance No. 26733 was adopted. Vote: 11-0-0-0.

(b) ORD. NO. 26734 – Amends Sections 19.12.010 of Chapter 19.12; 19.16.010, 19.16.180, and 19.16.190 of Chapter 19.16; and 19.38.300 of Chapter 19.38, all of Title 19 of the San José Municipal Code, to amend the parcel map process under the subdivision map act.

Documents Filed: Proof of Publication of the title of Ordinance No. 26734 executed on September 24, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26734 was adopted. Vote: 11-0-0-0.

(c) ORD. NO. 26736 – Approves the second amendment to the development agreement with Palm, Inc. (formerly 3Com Corporation) relative to the development of property in North San José.

Documents Filed: Proof of Publication of the title of Ordinance No. 26736 executed on September 24, 2002, submitted by the City Clerk.

Discussion/Action: William Garbett spoke on the item. Ordinance No. 26736 was adopted. Vote: 11-0-0-0.

(d) ORD. NO. 26737 – Rezones certain real property situated at the west side of South Bascom Avenue, approximately 690 feet southerly of Curtner Avenue. PDC 02-01-003

Documents Filed: Proof of Publication of the title of Ordinance No. 26737 executed on September 24, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26737 was adopted. Vote: 11-0-0-0.

(e) ORD. NO. 26738 - Rezones certain real property situated at the west side of San Pedro Street, approximately 130 feet northerly of West Saint James Street. PDC 01-100

Documents Filed: Proof of Publication of the title of Ordinance No. 26738 executed on September 24, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26738 was adopted. Vote: 11-0-0-0.

2.3 Approval of City Auditor Gerald Silva’s travel calendar through December 31, 2002. Funding: City Auditor’s Non-Personal budget. CEQA: Not a Project. (City Auditor)

Documents Filed: Letter from City Auditor Gerald A. Silva dated September 16, 2002, transmitting his travel calendar through December 31, 2002, and requesting approval of said calendar.

Discussion/Action: The City Auditor’s travel calendar was approved. Vote: 11-0-0-0.

2.4 Adoption of a resolution to:

(a) Approve the proposal to substitute the current credit facility provided by Heller Financial with a credit facility from Fannie Mae, and authorizing the Director of Finance (or designee), to execute and deliver the necessary documentation; and

(b) Approve, in substantially final form, certain documents relating to the proposed credit substitution, including: Remarketing Statement, Financing Agreement, Amended and Restated Trust Indenture, First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants, and Assignment and Intercreditor Agreement (relating to the Bond Regulatory Agreement).

CEQA: Negative Declaration, PDC 97-10-073. Council District 10. (Finance)

Documents Filed: Memoranda from Director of Finance Scott P. Johnson dated September 11 and September 24, 2002 recommending adoption of said resolution, and transmitting the Preliminary Remarketing Statement and providing updated status on financing.

Discussion/Action: Resolution No. 71226, entitled: “A Resolution of the City of San José Approving Amendments to Certain Bond Documents and Authorizing and Directing the Execution and Delivery of Documents and Actions Taken in Connection Therewith, All With Respect to Carlton Plaza of San José” was adopted. Vote 11-0-0-0.

2.5 Adoption of a resolution authorizing the Director of General Services to execute a five-year agreement for maintenance services, from July 1, 2002 to June 30, 2007, for the Airport Noise and Operations Monitoring System (ANOMS) with Lochard Corporation, (Stoneham, MA) for a total cost not to exceed $370,000. CEQA: Not a Project. (General Services/Airport)

Documents Filed: Memorandum from Director of General Services, Jose Obregon, and Aviation Director Ralph G. Tonseth, dated September 11, 2002, recommending adoption of said resolution authorizing the Director of General Services to execute a five-year agreement with Lochard Corporation.

Discussion/Action: Resolution No. 71277, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute a Five-Year Agreement With Lochard Corporation for Maintenance Services”, was adopted. Vote: 11-0-0-0.

2.6 Approval of an agreement with Club One, Inc. to provide a Physical Fitness Program for the Police Department, for the period of July 1, 2002 to June 30, 2003, in an amount not to exceed $127,340. CEQA: Not a Project. (Police)

Documents Filed: Memorandum from Chief of Police, William M. Lansdowne, dated September 11, 2002, recommending approval of said agreement with Club One, Inc.

Discussion/Action: Council Member Campos noted that the Physical Fitness Program had a high attendance and asked what is the next step after finishing the class. Police Chief Lansdowne explained that this program has reduced injuries to Officers, they can re-enroll if they want, and those with physical disabilities can continue indefinitely. The said agreement with Club One, Inc. was approved and its execution authorized. Vote:
11-0-0-0.

2.7 Report on bids and award of contract for the Welch Park Restroom Renovation Project to the low bidder, HRB Construction, Inc., in the amount of $123,205, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP02-08-207. Council District 8. SNI: K.O.N.A. (Public Works)

Documents Filed: Memoranda from Director of Public Works Katy Allen, dated September 11 and September 26, 2002, recommending award of said contract, with related contingency, to the low bidder, HRB Construction, Inc.

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

2.8 Report on bids and award of contract for the Boynton Avenue Sidewalk Improvement Project to the lowest responsive bidder, GradeTech Inc., in the amount of $112,829.75, and approval of a contingency in the amount of $11,000. CEQA: Exempt, PP02-01-001. Council District 1. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated September 11, 2002, recommending award of said contract, with related contingency, to the lowest responsive bidder, GradeTech Inc.

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

2.9 Approval of a continuation agreement for the design of a Parking Guidance System (PGS) with Kimley-Horn and Associates, Inc. (KHA) for a one-year term, from September 2002 to August 2003, at no additional cost to the City. CEQA: Not a Project. Council District 3. (Transportation)

Documents Filed: Memorandum from Acting Director of Transportation James R. Helmer dated September 11, 2002, recommending approval of said continuation agreement with Kimley-Horn and Associates, Inc.

Discussion/Action: The said continuation agreement with Kimley-Horn and Associates, Inc. was approved and its execution authorized. Vote: 11-0-0-0.

2.10 Approval of an ordinance establishing a residential permit-parking zone in the College Park Neighborhood. CEQA: Exempt, PP02-09-234. Council District 6. (Transportation)

Documents Filed: (1) Memorandum from Acting Director of Transportation James R. Helmer dated September 11, 2002, recommending approval of said ordinance establishing a residential permit-parking zone in the College Park Neighborhood. (2) Memorandum from City Attorney Richard Doyle dated September 27, 2002, transmitting the proposed Ordinance to amend Chapter 11.48 of Title 11 of the San José Municipal Code.

Discussion/Action: Council Member Dando expressed concern that this item was not being heard at an evening Council session, and that it was on the Consent Calendar, and asked if Staff had looked at other areas of the City to determine the impact of their recommendation, specifically in the neighborhood around Leland High School where there is a parking problem. Staff responded that items like this would be agendized for the evening sessions. He explained that there is set criteria that establishes permit parking and is consistently applied throughout the City, and that it is neighborhood driven. He indicated that Staff could work with Leland High School neighbors to develop some solutions to parking problems. Council Member Dando stated that this has been done, but would like to suggest that Staff look at some way other than permit parking to resolve the problem, not only around Leland but other schools as well. She asked what role the temple would play in coming up with a solution. Staff responded that they have been included in the process and that they are satisfied with the Staff recommendation. Council Member Dando asked what kind of allowances are given to schools for special event parking in neighborhoods. Staff responded that so far, there is agreement to be flexible during graduations.

Council Member Williams asked what is the plan when complaints are received and parking restrictions are enforced, and expressed concern about visitors being ticketed. Staff explained that initially warnings are issued, plus education on the program for the students, and that permit parking allows visitor parking with the proper permit. Council Member Williams stated that Valley Transportation Authority allows parking for students from Valley Christian School with a shuttle from the parking lot to the school, and asked if Staff had looked at this option. Council Member Cortese asked if on long-term parking solution projects such as Bellarmine, there is anything that precludes them from using interim on-site parking lots. Staff responded that if there is any paving, an environmental review would be required. Council Member Cortese questioned how much Bellarmine was involved in the process. Council Member LeZotte expressed concern that parking will extend into other areas that could involve having to cross major streets, and asked if this agenda item would be coming back to Council.

The following individuals spoke on the item: Mike Growsler, Father Bill Muller, Bellarmine College Preparatory, Deborah Zimmer, Temple Emanu-El, William Garbett, Elizabeth Monley and Kerri Lawnsby, College Park Neighborhood Association, and Scott Soper.

Council Member Yeager moved approval of the Staff recommendation with the following conditions: (a) allow for variances for special events that have been worked out with the Transportation Department, the neighborhood association, and Bellarmine; (b) work to expedite any application for parking lots that Bellarmine wants to build; before considering any type of expansion of parking permits, hold regular community meetings; and any proposed actions would have to be brought back to Council for approval. Council Member Chavez seconded the motion. Council Member Yeager commented that he understands concerns that Bellarmine, as well as the neighborhood association have had on this issue for years, and that the parking restrictions are the last resort for resolving the problem. In terms of Bellarmine’s involvement in the process, he explained that school representatives have been involved in many of the public meetings.

Council Member Williams asked the maker of the motion to include Staff feedback on how the program is working so Council would be able to address any problems that may come up, either six months or a year. Council Member Yeager agreed to include in the motion to have Staff report back in six months after the program is implemented. Council Member Dando stated that she believes it is very important to involve Bellarmine and the temple, and to allow exemptions for special events. Council Member LeZotte expressed concern that the affected parties have not reached agreement for more than one special event, and that Council should be involved in the decision. Council Member Chavez stated that she believes the community should make decisions regarding special event exemptions, and that parameters were developed in this way for the area around San Jose State University; she added that she hopes this issue does not have to come back to Council for decision. On a call for the question, Ordinance No. 26744, entitled: “An Ordinance of the City of San José Amending Chapter 11.48 of Title 11 of the San José Municipal Code to Add a College Park Residential Permit Parking Program”, was passed for publication, and Staff directed to expedite any application for parking lots that Bellarmine would like to build; to involve Bellarmine and Temple Emanu-El representatives in future neighborhood meetings; provide variances for special events occurring at Bellarmine; to schedule during evening sessions any future discussions of similar subjects relating to permit parking zones; and to return to Council in six months after implementation with a status report on the affect of the program on the households and neighborhoods involved. Vote 11-0-0-0.

2.11 Approval of Vice Mayor George Shirakawa’s travel to Albuquerque, New Mexico, from June 26-June 30, 2002, to attend the National Association of Latino Elected & Appointed Officials (NALEO) Educational Fund Annual Conference. CEQA: Not a Project. Funding: District 7. (Shirakawa)

(Rules Committee referral 9/25/02)

Documents Filed: None.

Discussion/Action: The travel for Vice Mayor Shirakawa was approved. Vote: 11-0-0-0.

2.12 Approval of an ordinance amending Section 4.78.020 of Chapter 4.78 of Title 4 of the San Jose Municipal Code (the Disposal Facility Tax Ordinance) to include petroleum contaminated soils and sludge materials in the definition of cover material. CEQA: Not a Project. (City Attorney)

(Orders of the Day)

Documents Filed: None.

Discussion/Action: Council Member LeZotte asked what is the impact of adding paragraph C. City Manager Del Borgsdorf responded that this clarifies language the Council passed in June. Ordinance No. 26743, entitled: “An Ordinance of the City of San José Amending Section 4.78.020 of Chapter 4.78 of Title 4 of the San José Municipal Code to Revise the Definition of “Cover Material” for Purposes of the Disposal Facility Tax”, passed for publication. Vote 11-0-0-0.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

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

Vice Mayor Shirakawa, Jr., Chair

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

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

(b) City Council

(1) Review October 1, 2002 Draft Agenda

The Committee recommended approval of the October 1, 2002 Council Agenda with three additions.

(2) Add New Items to September 24, 2002 Amended Agenda

The Committee recommended three additions to the September 24, 2002 Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee - None Filed

(b) Economic Development and Environment Committee. Attachment: Draft agenda for the October 7, 2002 meeting of the Economic Development and Environment Committee.

The Committee recommended approval to add the following item to the October 7, 2002 Agenda of the Economic Development and Environment Committee: Land Use Policy for Wireless Communication Facilities (Planning, Building & Code Enforce-ment).

None Filed.

(d) Meeting Schedules - None Presented.

(e) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated September 12, 2002, listing the items transmitted to the Administration for the period September 4-10, 2002.

The Committee noted and filed the Public Record for the period September 4-10, 2002.

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

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

(1) Direct Administration to schedule a joint meeting with Santa Clara Valley Water District to discuss all unresolved policy issues relating to trails. Attachment: Memorandum from Council Members Chuck Reed and Ken Yeager dated September 4, 2002 requesting Council discussion and action on the following: appoint an ad hoc Council committee of two or three council members to be tasked with meeting with a similar committee from the Santa Clara Valley Water District to discuss all unresolved policy issues relating to trails.

The Committee directed the Administration to return October 2, 2002 with a workload assessment to schedule a joint meeting with Santa Clara Valley Water District to discuss all unresolved policy issues relating to trails.

(h) Administrative Reviews and Approval

(1) Workload assessment to audit Airport Neighborhood Services Group

The Committee referred this item to the City Auditor and directed him to return September 25, 2002 with a workload assessment to audit the Airport Neighborhood Services Group.

(2) Approve City Position on November 2002 State Ballot Proposition 46: Housing and Emergency Shelter Trust Fund Act of 2002

This Item Heard by Council on September 24, 2002.

(3) 2002 League of CA Cities Voting Delegate and Alternate at the Annual Business Meeting. Attachment: Memorandum from Betsy Shotwell, Director of Intergovernmental Relations, dated September 9, 2002 recommending a voting delegate and alternate at the Annual Business Meeting of the League of California Cities.

The Committee approved the proposed designation of Pat Dando, as the voting delegate, and Nora Campos, as the alternate, at the October 5, 2002 Annual Business Meeting for the League of California Cities.

(4) Approve use of Council General funds by Council Member Dando to attend the National League of Cities’ Transportation & Infrastructure Fall Steering Committee Meeting, September 25-29, 2002, in Belle Isle, FL. Attachment: Memoranda from Council Member Dando dated September 11, 2002 requesting use of Council General funds; and from City Clerk Patricia L. O’Hearn dated September 12, 2002 summarizing the use of Council General Travel Budget to date.

The Committee recommended approval the use of Council General funds by Council Member Dando to attend the National League of Cities’ Transportation & Infrastructure Fall Steering Committee Meeting, September 25-29, in Belle Isle, Florida.

(5) Approve use of Council General funds by Council Member Dando to attend the League of California Cities’ Annual Meeting, October 2-5, 2002 in Long Beach, CA. Attachment: Memoranda from Council Member Danto dated September 11, 2002 requesting use of Council General funds; and from City Clerk Patricia L. O’Hearn dated September 12, 2002 summarizing the use of Council General Travel Budget to date.

The Committee recommended approval the use of Council General funds by Council Member Dando to attend the League of California Cities’

Annual Conference Board Meeting and the Transportation, Communi-cations & Public Works Policy Committee Meeting, October 2-5, 2002 in Long Beach, California.

(i) Oral Communications - None Presented.

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

Discussion/Action: Council Member Cortese clarified that the Rules Committee voted to recommend to Council that the League of California Cities take a support position on a measure coming before them regarding legislative term limits; however, the League tabled the item which makes the Rules Committee vote moot. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto, and unanimously carried, the Rules Committee Report and actions of September 18, 2002 were accepted. Vote:
11-0-0-0.

3.2 Report of the Rules Committee - Meeting of September 25, 2002 (Partial)

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: Rules Committee Report of September 25, 2002 (Partial).

(h) Administrative Reviews and Approval

(3) 2002 League of California Resolutions. Attachment: Memoranda from Betsy Shotwell, Director of Intergovernmental Relations, dated September 20, 2002 recommending approval of the recommended City positions for ten resolutions to be considered at the Annual League of California Cities Conference to be held in Long Beach, October 2-5, 2002; and from Betsy Shotwell dated September 23, 2002 explaining the League of California Cities Conference Resolution #4 entitled, “Resolution Relating to Term Limits”, has been rewritten and is now named, “Resolution Relating to Term Limits and Restrictions on Legislative Reductions in Funding for vital Local Services.”

The Committee [1] approved the recommended City positions on Resolutions #1-3 and #5-10 to be considered at the Annual League of California Cities Conference to be held in Long Beach, California, October 2-5, 2002; and [2] recommended supporting the League of California Cities’ position to place Resolution #4 on the ballot.

Vice Mayor Shirakawa, Jr., Chair

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto, and unanimously carried, the Partial Rules Committee report and actions of September 18, 2002 accepted with Item [2] amended to read: recommended the League of California Cities take a “Support” position on Resolution #4. Vote: 11-0-0-0.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Approval of Report on reasonable accommodation with recommendation to take the following actions:

(a) Direct that the reasonable accommodation process continue to consider the business aspects of proposed uses on a case-by-case basis focusing on the impacts of those aspects in the zoning district.

(b) Direct that the reasonable accommodation process continue to consider the appropriate number of residents for each proposed use on a case-by-case basis.

(c) Direct the Administration to discuss with Santa Clara County the possibility of setting minimum operational standards, which may include limiting the number of residents at facilities and obtain City input on facilities under contract with the County or subject to County certification.

(d) Direct the City Attorney and the Administration to draft amendments to the Zoning Code to make the changes in procedure as follows:

(1) Eliminate an initial notice that has not undergone any analysis

(2) Refine what must be included in the application.

(3) Expand the noticing requirement to 300 feet, with direction to go to a greater noticing radius (500 or 1000 feet) to ensure that a sufficient number of adjacent property owners receive notice.

(4) Request a meeting with staff to go over the application and request a meeting for neighbors to attend.

(5) Issue the proposed decision stating that there will be an informal conference on site with staff and interested neighbors to discuss what is going on.

(6) At the Director's hearing the focus should summarize the issues discussed and resolved.

(7) Director's decision becomes effective 15 days after issuance if there is no appeal filed.

(8) If on Appeal to the Planning Commission, the Planning Commission cannot come to a decision, then the Director's decision stands.

(e) Direct the Administration to thoroughly keep records of the location of all residential facilities by licensing, certification, type, number of residents, date of establishment, zoning district, Council district; and to amend the reasonable accommodation guidelines to consider other residential care and service facilities and other reasonable accommodations granted within 300 feet of a proposed facility.

(f) Direct the City Manager to appoint a central person or system as a clearinghouse of all complaints to determine whether or not they have been resolved.

[Economic Development and Environment Committee 6/3/02 – Item 4.1(a)]

(Deferred from 6/18/02 – Item 4.2 et al., and 9/17/02 – Item 4.2)

Documents Filed: Memorandum from City Attorney Richard Doyle, dated August 1, 2002, transmitting the Report on Group Homes and Reasonable Accommodation.

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

4.3 (a) Adoption of a resolution approving a conditional grant of up to $2,289,520 to ROEM Development Corporation, or an affiliated entity, for the development of the Hacienda Villa Creek Apartments, a proposed 80-unit senior rental development, located at the northerly terminus of East Court and West Court, north of East Julian Street. CEQA: Negative Declaration, PDCSH01-10-097. Council District 3. SNI: Five Wounds/Brookwood Terrace. (Housing)

(b) Adoption of a resolution authorizing:

(1) The issuance of a senior tax-exempt multifamily housing revenue bonds (the “Senior Bonds”) in a principal amount not to exceed $4.453 million and subordinate tax-exempt multifamily housing revenue bonds (the "Subordinate Bonds") in a principal amount not to exceed $2.547 million. In aggregate, the entire issuance of Senior Bonds and Subordinate Bonds will not exceed $7.0 million (the “Bonds”);

(2) Approving a loan of the Bond proceeds to Hacienda Villa Creek Senior Apartments L.P., a California limited partnership created by ROEM Development Corporation and Foundation for Affordable Housing II, Inc. to finance the construction of the Hacienda Villa Creek Senior Apartments Project;

(3) Approving in substantially final form the Senior Bonds, Senior Trust Indenture, Senior Financing Agreement, Subordinate Bonds, Subordinate Trust Indenture, Subordinate Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Senior Bond Purchase Agreement and Subordinate Bond Purchase Agreement; and

(4) Authorizing the Director of Finance and the Director of Housing, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

CEQA: Negative Declaration, PDCSH01-10-097. Council District 3. (Finance/Housing)

Documents Filed: (1) Memorandum from Director of Housing Leslye Corsiglia and Director of Finance Scott P. Johnson, dated September 10, 2002, recommending adoption of said resolution related to the Hacienda Villa Creek Senior Apartments. (2) Memorandum from Director of Housing Leslye Corsiglia dated September 11, 2002, recommending adoption of a resolution approving a conditional grant to ROEM Development Corporation for the development of the 80-unit senior rental development.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, Resolution No. 71228, entitled: “A Resolution of the Council of the City of San José Approving a Conditional Grant of up to $2,289,520 to ROEM Development Corporation, or an Affiliated Entity, for the Development of the Hacienda Villa Creek Apartments a Proposed 80-unit Senior Rental Development, Located at the Northerly Terminus of East Court and West Court, North of East Julian Street in San José”; and Resolution No. 71229, entitled: “A Resolution of the 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 $7,000,000 for the Purpose of Making a Loan to Provide Financing for the Hacienda Villa Creek Senior Apartments Project; Determining and Prescribing Certain Matters Relating Thereto; and Approving and Authorizing Related Actions and the Execution and Delivery of Related Documents”, were adopted. Vote 10-0-1-0. Absent: Yeager.

4.4 Adoption of a resolution to approve amendments to the existing City loan of $447,150, secured by the InnVision sponsored Commercial Street Inn located at 260 Commercial Street, San José. CEQA: Not a Project. Council District 3. (Housing)

Documents Filed: Memorandum from Director of Housing Leslye Corsiglia dated September 11, 2002, recommending adoption of said resolution to approve amendments to the existing City loan secured by the InnVision sponsored Commercial Street Inn.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, Resolution No. 71230, entitled: “A Resolution of the Council of the City of San José Approving Amendments to the Existing City Loan of $447,150, Secured by the InnVision Sponsored Commercial Street Inn Located At 260 Commercial Street in San José”, was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

4.5 Adoption of a resolution approving the recommendations included in the FY 2002-07 Five-Year Housing Investment Plan to revise current City Policies and accepting the remainder of the report. CEQA: Not a Project. (Housing)

[Referred from General Plan Agenda 9/3/02 – Item 2.10 (c)]

Documents Filed: None.

Discussion/Action: This item was deferred to October 15, 2002.

4.6 Adoption of a resolution:

(a) Approving an increase in the number of extremely low-income units from twenty-four to thirty-five to Evans Lane Apartments, L.P., or its designated partnership, for the development of the Evans Lane Family Apartments, a 239-unit family rental development located at 1848 Evans Lane; and

(b) Approving a $1,265,000 increase to the $2,760,000 Conditional Grant, bringing the total Conditional Grant to $4,025,000.

CEQA: Negative Declaration, PDC98-089. Council District 6. (Housing)

(Rules Committee referral 9/25/02)

Documents Filed: Memorandum from Director of Housing Leslye Corsiglia dated September 24, 2002, recommending adoption of said resolution approving an increase in the number of extremely low-income units, and approving an increase to the Conditional Grant relating to the Evans Lane Family Apartments.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Williams, and unanimously carried, Resolution No. 71231, entitled: “A Resolution of the Council of the City of San José: (i) Approving an Increase in the number of Extremely Low Income Units in the Evans Lane Apartments From Twenty-Four to Thirty-Five; and (ii) Approving a $1,265,000 Increase in the Conditional Grant to Evans Lane Apartments LP to Bring the Total Grant up to $4,025,000”, was adopted. Vote 11-0-1-0. Absent: Shirakawa, Jr.

4.7 (a) Adoption of a resolution:

(1) Authorizing the City Manager to negotiate and execute an agreement with Willis Insurance Services of California, Inc. to provide services for an Owner Controlled Insurance Program (OCIP) for the New San José Civic Center Project in an amount not to exceed $384,000;

(2) Authorizing the City Manager to procure OCIP insurance coverage and Builder’s Risk coverage with the insurance premium not to exceed $6,000,000; and

(3) Authorizing the City Manager to procure independent safety consulting services to the extent needed as determined through discussions between the OCIP insurance broker, the OCIP consultant and City staff in an amount not to exceed $600,000.

(b) Adoption of the following appropriation ordinance and funding sources resolution amendments in the Civic Center Construction Fund:

(1) Establish a loan from the Sewage Treatment Plant Connection Fee Fund in the amount of $12.5 million to be used as a line of credit.

(2) Increase the Ending Fund Balance by $12.5 million.

(1) Establish a loan to the Civic Center Construction Fund in the amount of $12.5 million to be used as a line of credit; and

(2) Decrease the Reserve for Treatment Plant Expansion by $12.5 million.

CEQA: Resolution No. 68905. (Finance/City Manager’s Office/Public Works)

(Deferred from 9/17/02 – Item 2.9 and 9/24/02 – Item 2.13)

Documents Filed: Memorandum from Director of Finance Scott P. Johnson, Director of Public Works Katy Allen, and Director of Budget Larry D. Lisenbee, dated September 27, 2002, recommending (a) adoption of said resolution authorizing the City Manager to negotiate and execute an agreement with Willis Insurance Services of California, Inc., (b) adoption of appropriation ordinance and funding sources resolution amendments in the Civic Center Construction Fund, and (c) adoption of appropriation ordinance amendments in the Sewage Treatment Plan connection Fee Fund.

Discussion/Action: Regarding Background in the Staff report, Council Member Chavez asked for clarification of the work space safety program for the project and the City’s hiring of a consultant. Scott Johnson, Director of Finance, explained that because the project has a construction manager rather than a general contractor and the contract with Turner-Devcon does not include a Safety Officer, the City will be hiring a Safety Officer full time, on site, to coordinate the safety plan. Katy Allen, Public Works Director, added that the Safety Officer will work for Public Works and will be the coordinator with the construction manager. Council Member Williams, referring to page 4, asked how the City would save $3.5 million on the insurance program. Director Johnson explained that instead of the City, contractors, and consultants providing individual insurance coverage, the City is providing a master program which will result in a credit back to the City for insurance costs the contractors and consultants would otherwise include as part of their bid on the project. William Garbett spoke on the item. Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, Resolution No. 71232, entitled: “A Resolution of the Council of the City of San José Authorizing Various Actions in Connection With An Owner Controlled Insurance Program for the New San José Civic Center Project”; Ordinance No. 26745, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Civic Center Construction Fund to Increase the Ending Fund Balance as a Result of a Loan From the Sewage Treatment Plant Connection Fee Fund; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 71233, 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 Civic Center Construction Fund”; and Ordinance No. 26746, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Sewage Treatment Plant Connection Fee Fund to Establish a Loan to the Civic Center Construction Fund; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote 8-0-3-0. Absent: Chavez, LeZotte, Shirakawa, Jr.

RECREATION & CULTURAL SERVICES

5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – September 16, 2002 Council Member Chavez, Chair

Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of September 16, 2002.

Council Member Chavez, Chair

(a) Youth Commission Monthly Report. Attachment: Memorandum from Director of Chairperson Jennifer Hernandez, San José Youth Commission, dated September 4, 2002, transmitting said report.

The Committee accepted the report and directed Staff to ensure distribution of bookmarks on Domestic Violence is completed prior to October 1, 2002, including schools and libraries.

(b) Status Report on Skate Parks. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated September 4, 2002, transmitting said report.

The Committee accepted the report with direction to Staff to (a) send a written status report on Skate Parks to the Committee before the November 18, 2002 Education, Neighborhoods, Youth, and Seniors Committee meeting; and (b) to include all skate parks in the bi-monthly reports to Education, Neighborhoods, Youth, and Seniors Committee.

(c) Report on Truancy Abatement/Burglary Suppression (TABS). Attachment: Memorandum from Chief of Police William M. Lansdowne, dated August 28, 2002, transmitting said report.

The Committee accepted the report with direction to Staff to (1) examine TABS staffing levels, as it relates to technology; (2) begin dialogue with individuals in the schools regarding revenue sharing, when appropriate, as part of the schools collaborative; (3) examine staffing levels, in general; and (d) include in the next TABS report a paragraph on curfew.

(d) Blueprint for Bridging the Digital Divide – 2^nd Year Action Plan. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Jennifer Hernandez, dated September 4, 2002, transmitting said report.

The Committee accepted the report with the directive to Staff that the analysis report scheduled for consideration by the Committee in December 2002 (1) be broken down by District; (2) include programs funded by the Healthy Venture Fund; (3) include a graph showing Smart Start Programs that are operating, and those ready for implementation and related timelines.

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

(e) Child Care Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated September 4, 2002, transmitting said report.

The Committee accepted the report with the directive to Staff that the December status report on the Child Care Strategic Plan includes the following:

· Results from an employee survey, including hours needed for childcare, ages, and number of children;

· Strategies to improve infant child care;

· Strategies for providing “privacy space” on each floor of the new Civic Center;

· A list of all schools in each Council District that have on-site childcare facilities and the number of available slots; and

· Report on evaluation tools

Discussion/Action: See item 5.3 for Council action taken.

(f) Youth Employment Services Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated September 4, 2002, transmitting said report.

The Committee accepted the report with direction to Staff to explore mentorship programs and identify a mechanism to connect them to the schools.

(g) Status Report on Anti-Graffiti Efforts regarding Garbage and Recycling Containers. Attachment: Memorandum from Director of Environmental Services, Carl W. Mosher, dated September 4, 2002, transmitting said report.

The Committee accepted the report with direction to Staff to partner with the County for consistency in agreements and how best to deal with the haulers.

(h) Oral Petitions - None Presented.

(i) Adjournment - The meeting was adjourned at 3:25 p.m.

Discussion/Action: Upon motion by The Education, Neighborhoods, Youth, and Seniors Committee Report and actions of September 16, 2002 accepted with Item 5.1(d) acted upon at Item 5.2, and Council action on Item 5.1(e) taken at Item 5.3.

5.2 Presentation and acceptance of the second year Action Plan of the Blueprint for Bridging the Digital Divide. (Parks, Recreation and Neighborhood Services)

[Education, Neighborhoods, Youth and Seniors Committee 9/16/02 – Item 5.1(d)]

Discussion/Action: Staff highlighted the Blueprint 2002-03, the Second Year Action Plan, and the next phase - Goal 1: Save Communities and Schools; Goal 2: Parents and Families; Goal 3: Early Childhood Education; Goal 4: Before and Afterschool Programs; Goal 5: Leadership; Outcome 6: Career Preparation; and Key Developments. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the second year action plan was approved. Vote: 10-0-1-0. Absent: Diquisto.

5.3 Presentation and acceptance of the final draft of the new Early Care and Education Strategic Work Plan. (Parks, Recreation and Neighborhood Services)

[Education, Neighborhoods, Youth and Seniors Committee 9/16/02 – Item 5.1(e)]

Documents Filed: Memorandum from Senior Executive Analyst Nadine Nader, dated September 26, 2002, transmitting the Staff report dated September 4, 2002, presented to the Education, Neighborhoods, Youth and Seniors Committee, and recommending approval of the final draft of the new Early Care and Education Strategic Work Plan.

Discussion/Action: Referring to the Mayor’s State of the City Address regarding childcare as being a crisis in San Jose, Staff provided an overview of the City’s Childcare Program: Access; Affordability; Quality; New Strategic Plan; Reexamining the Office of Child Care; Redefining the role of the Child Care Commission; Vision and Mission; Five Strategic Goals; Key Developments and Measurable Goals; and Funding. Council Member Dando expressed concern that there was only a brief reference to child care in the survey to determine the needs of employees who will be located in the new Civic Center, and that the survey should refer to Child Care rather than dependent care. Staff responded that this year’s Work Plan would assess these needs. Mayor Gonzales added that Assistant City Manager Mark Linder would be following up on this item. Council Member Campos asked what is the criteria for selecting child care sites. Staff responded that this is in the developmental phase, and a working committee will be established to monitor and implement the plan. Katherine More-Wines, San José Child Care Commission, spoke on the item. Upon motion by Council Member Yeager, seconded by Council Member Dando, and unanimously carried, the final draft of the new Early Care and Education Strategic Work Plan was accepted, with the Administration directed to review and amend the recent Employee Survey to reflect specific references to “child care” facilities at the new Civic Center and the level of importance employees place on such service. Vote: 11-0-0-0.

5.4 Report on bids and award of contract for the Stonegate and Watson Parks Play Area and Restroom Renovation Project to the low bidder, and approval of a five percent contingency. Stonegate Park CEQA: Exempt, PP02-06-172. Watson Park CEQA: Exempt, PP02-06-171. Council Districts 3 and 7. Watson Park SNI: 13th Street. (Public Works)

Documents Filed: None.

Discussion/Action: This item was deferred to October 15, 2002.

5.5 (a) Approval of an agreement with the Berryessa Union School District for the construction of the Berryessa Youth Center and joint operation of the center to be located at Morrill Middle School for a term of 30 years.

(b) Adoption of the following appropriation ordinance amendments in the Parks and Recreation Bond Project Fund:

(1) Increase the Morrill Community Center-Multi Service project by $100,000.

(2) Decrease the Ending Fund Balance by $100,000.

CEQA: Exempt, PP02-09-250. Council District 4. (Parks, Recreation and Neighborhood Services/City Manager’s Office)

(Deferred from 9/24/02 – Item 5.3)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated September 30, 2002, recommending: (a) approval of said agreement with the Berryessa Union School District, (b) adoption of appropriation ordinance amendments in the Parks and Recreation Bond Project Fund.

Discussion/Action: The said agreement with Berryessa Union School District was approved and its execution authorized; and Ordinance No. 26747, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Parks and Recreation Bond Projects Fund to Increase the Appropriation for the Morrill Community Center Project by $100,000; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted.
Vote 10-0-1-0. Absent: Dando.

TRANSPORTATION SERVICES

6.1 Report on bids and award of contract for the FY 2002-03 Remove and Replace Asphalt Concrete (AC) Pavement 2002 to the low bidder, El Camino Paving, Inc., in the amount of $1,365,608.80, plus a 10% contingency amount of $136,561, for a total award amount not to exceed $1,502,169.80. CEQA: Exempt, PP02-09-236. (Transportation)

Documents Filed: Memorandum from Acting Director of Transportation James R. Helmer, dated September 11, 2002, recommending award of said contract, with related contingency, to the low bidder, El Camino Paving, Inc.

Discussion/Action: Council Member Reed asked how streets become candidates for the work. Staff explained that the list includes streets that need asphalt removal and replacement. Council Members Cortese and Campos requested a complete inventory of streets that require this work. Upon motion by Council Member Diquisto, seconded by Council Member Chavez, and unanimously carried, the award of said contract, with related contingency, to the low bidder, El Camino Paving, Inc., was approved and its execution authorized, and Staff directed to provide Council with (a) a list of all City streets having significant pavement failure which require c