MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, OCTOBER 15, 2002

The Council of the City of San José convened in regular session at 9:00 a.m. in City Council Chambers at City Hall.

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

Absent: Council Members - Vice Mayor Shirakawa, Jr. (excused)

Upon motion unanimously adopted, Council recessed at 9:05 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 anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation, and one matter involving the initiation of litigation, pursuant to Subsection (c) of Government Code 54956.9; and to conduct Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Manager.

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

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

Absent: Council Members - None.

Invocation

During the evening session, the three-member Color Guard – Austin Adamski, Ben Beaman, and Jeffrey Ewing – from Cub Scout Pack #224, Den 3, under the direction of the Cambrian/Camden Area Den Leader, Sheryl Taylor, posted the National and State Colors. (District 9)

Pledge of Allegiance

Cub Scout Pack #224 Color Guard led in the Pledge of Allegiance.

ORDERS OF THE DAY

Upon motion by Council Member Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved, with Item 3.6 deferred to October 29, 2002.

CEREMONIAL ITEMS

1.1 Presentation of a commendation to the members of the Human Resources/Payroll Upgrade Team. (Dando)

Documents Filed: None.

Discussion/Action: Chair of the Finance and Infrastructure Committee Council Member Dando, and Finance Committee Member Council Member Reed joined Mayor Gonzales at the Podium to acknowledge the dynamic team effort of 11 individuals from three City Departments for their outstanding accomplishments in producing a new system for Human Resources and Finance, which has resulted in the streamlining of Human Resource and Payroll System procedures. Mayor Gonzales presented commendations to Damian Beatty (Finance), Mayumi DeHaan (ITD), Sandra Hoelz (Employee Services), Ofelia Hsieh (Finance), Dan Kadamoto (Finance), Carolyn Landon (Human Resources), and Mark Matthiessen, Amanda Ramos, Kathleen Rooney, and Jamie Salandanan of ITD, and applauded the outstanding services of the inter-departmental team dedicated to implementing innovative and effective ways to deliver quality service by the City of San José. Andy Heath (Finance) was unable to attend the ceremony

1.2 Presentation of plaque to Tanya C. Young for 4 years 10 months service on the Civil Service Commission. (Mayor)

Documents Filed: None.

Discussion/Action: Mayor Gonzales acknowledged the contributions of Tanya Young, who was unable to attend the ceremony, and stated the plaque would be mailed to the honoree.

CONSENT CALENDAR

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

2.1 Approval of City Council Minutes for:

(a) Regular meeting of March 12, 2002

(b) Regular meeting of March 19, 2002

(c) Regular meeting of March 26, 2002

(d) Joint Council/Redevelopment Agency Board meeting of March 26, 2002

Documents Filed: Minutes of Regular City Council meetings of March 12, March 19, and March 26, 2002, and Joint Council/Redevelopment Agency Board meeting of March 26, 2002.

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

2.2 Final adoption of ordinances:

(a) ORD. NO. 26743 – Amends 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.

Documents Filed: Proof of publication of the title of Ordinance No. 26743 executed on October 8, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26743 was adopted. Vote: 11-0-0-0.

(b) ORD. NO. 26744 – Amends Chapter 11.48 of Title 11 of the San José Municipal Code to add a College Park Residential Permit Parking Program.

Documents Filed: None

Discussion/Action: This item was deferred to October 22, 2002.

(c) ORD. NO. 26749 – Rezones certain real property situated on the south side of Curtner Avenue, approximately 700 feet easterly of Highway 87 to A(PD) Planned Development Zoning District. PDC 02-042

Documents Filed: Proof of publication of the title of Ordinance No. 26749 executed on October 8, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26749 was adopted. Vote: 11-0-0-0.

(d) ORD. NO. 26750 – Prezones certain real property situated at the southeast corner of Fehren Drive and Monterey Highway to CG Commercial General Zoning District. C 02-065

Documents Filed: Proof of publication of the title of Ordinance No. 26750 executed on October 8, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26750 was adopted. Vote: 11-0-0-0.

2.3 Approval of a first amendment to the Concession Agreement with Lenlyn Limited, d/b/a ICE Currency Services to provide foreign currency services, pre-paid long distance telephone cards, and travel insurance at the Norman Y. Mineta San José International Airport, for an additional five-year term beginning November 1, 2002 and not to extend beyond October 31, 2007, with a minimum annual revenue to the City of $15,600. CEQA: Resolution No. 67380, PP 02-09-266. (Airport)

Documents Filed: (1) Memorandum from Aviation Director Ralph G. Tonseth, dated September 25, 2002, recommending approval of a first amendment to said Concession Agreement with Lenlyn Limited, d/b/a ICE Currency Services. (2) Supplemental memorandum from Aviation Director Ralph G. Tonseth, dated October 11, 2002, amending the staff report dated September 25, 2002, to clarify that employee retention is not required on said concession agreement.

Discussion/Action: The first amendment to said agreement with Lenlyn Limited, d/b/a ICE Currency Services was approved and its execution authorized. Vote: 11-0-0-0.

2.4 Adoption of a resolution establishing fees and charges for airline use of the new Interim Federal Inspection Services Facility at the Norman Y. Mineta San José International Airport and repealing Resolution No. 61958. CEQA: Resolution No. 67380, PP02-09-270. (Airport)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated September 27, 2002, recommending adoption of said resolution establishing fees and charges for airline use of the new Interim Federal Inspection Services Facility.

Discussion/Action: Resolution No. 71251, entitled: “A Resolution of the Council of the City of San Jose Amending Resolution No. 59988 to Establish Fees and Charges for Airline Use of the New Interim Federal Inspection Services Facility and Repealing Resolution No, 61958”, was adopted. 11-0-0-0.

2.5 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute an eleventh amendment to the Scheduled Airline Terminal Building Lease with American Airlines, Inc., to provide for the reallocation of gates in connection with the opening of the new Interim Federal Inspection Services Facility, with monthly revenue to the City of $245,371.

(b) Adoption of a resolution authorizing the City Manager to negotiate and execute a Lease of Airport Premises with American Airlines, Inc., for the new Interim Federal Inspection Services Facility, with annual revenue to the City of $77,345.

CEQA: Resolution No. 67380, PP 02-09-252. (Airport)

Documents Filed: None

Discussion/Action: This item was deferred to October 22, 2002.

2.6 Authorization for the Director of General Services to execute change orders to the purchase orders of four 1500 gallons-per minute custom pumper apparatus from Kovatch Mobile Equipment Corporation, KME, (Nesqueshoing, PA) for a total collective increase of $10,435.32, including tax. CEQA: Not a Project.

(General Services)

Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated September 25, 2002, recommending authorization for the Director of General Services to execute said change orders.

Discussion/Action: Council Member Williams asked why there is a change order for the equipment. Jose Obregon, Director of General Services, explained that these additional expenditures are for enhancements and safety improvements of the units that were not identified until they were being assembled at the factory. The authorization for the Director of General Services to execute change orders to said purchase orders with Kovatch Mobile Equipment Corporation, KME, was approved. Vote: 11-0-0-0.

2.7 Approval to award the purchase of 10 rebuilt Wemco pumps to LMH Municipal, Inc., Roseville, CA, as a sole source purchase for a total cost of $179,716.65 including tax and delivery, and authorization for the Director of General Services to execute the purchase order. CEQA: Not a Project. (General Services)

Documents Filed: (1) Memorandum from Director of General Services, Jose Obregon, dated September 25, 2002, recommending award of said purchase to LMH Municipal, Inc. and to authorize the Director of General Services to execute the purchase order. (2) Letter from Treatment Plant Advisory Committee dated October 10, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: The award of said sole source purchase to LMH Municipal, Inc. pursuant to Subsection 4.12.020 of the San José Municipal Code was approved and the Director of General Services authorized to execute the purchase order. Vote: 11-0-0-0.

2.8 Approval of a second amendment to the agreement with George Miers & Associates, for construction management services for the San José Animal Services Center Project, extending the term of the agreement to December 31, 2003, and increasing the compensation by $85,000, from $956,000 to an amount not to exceed $1,041,000. CEQA: Negative Declaration, H01-01-003. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated September 25, 2002, recommending approval of a second amendment to said agreement with George Miers & Associates.

Discussion/Action: The second amendment to said agreement with George Miers & Associates was approved and its execution authorized. Vote: 11-0-0-0.

2.9 Approval of an agreement with Bellecci & Associates, Inc. for consultant services for the Winchester Boulevard Median Improvement Project (Moorpark Avenue to Impala Drive), from the date of execution to March 31, 2004, in an amount of $208,000. CEQA: Exempt, PP 02-09-241. Council Districts 1 and 6. SNI: Winchester. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated September 25, 2002, recommending approval of said agreement with Bellecci & Associates, Inc.

Discussion/Action: Diane Rosano requested deferral of the item. Katy Allen, Director of Public Works, explained that this is the consultant agreement to begin the design process. Council Member Yeager asked when community meetings would be held on the item and Director Allen responded that the meetings are scheduled during November and December. The agreement with Bellecci & Associates, Inc. was approved and its execution authorized. Vote: 11-0-0-0.

2.10 Report on bids and award of contract for the Boynton Avenue and Williams Road Sidewalk Improvement Project to the low bidder, Golden Bay Construction, Inc., to include the base bid and Add Alternate No. 1 in the amount of $121,843.50, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP02-01-001. Council District 1. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated September 25, 2002, recommending award of said contract, with related contingency, to the low bidder, Golden Bay Construction, Inc.

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

2.11 Approval of the Fiscal Year 2002-2003 HP Pavilion at San José Capital Repairs and Replacements Budget submitted by Compaq Center Management. CEQA: Not a Project. (San José Arena Authority)

Documents Filed: None.

Discussion/Action: This item was deferred to November 5, 2002.

2.12 Approval of award of purchase of Herman Miller modular furniture for the Police Department from the authorized dealer, Pivot Interiors (San José, CA) for a total cost of $190,105.25 including tax and delivery and authorization for the Director of General Services to execute the necessary purchase agreements. CEQA: Not a Project. (General Services)

(Deferred from 10/8/02 – Item 2.5)

Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated September 18, 2002, recommending approval of said award of purchase to Pivot Interiors and authorization for the Director of General Services to execute the necessary purchase agreements.

Discussion/Action: The award of said purchase was approved and the Director of General Services was authorized to execute the necessary purchase agreements. Vote: 11-0-0-0.

2.13 Adoption of the Statement of Policy and City Council Questions related to the selection of a new Transportation Director, in compliance with City Charter Section 411.1. CEQA: Not a Project.

(City Manager's Office)

(Rules Committee referral 10/9/02)

Documents Filed: Memorandum from City Manager Del D. Borgsdorf, dated October 8, 2002, recommending adoption of the Statement of Policy and City Council Questions related to the selection of a new Transportation Director, in compliance with City Charter Section 411.1.

Discussion/Action: William Garbett spoke on the item. The Statement of Policy and City Council Questions related to the selection of a new Transportation Director was adopted. Vote: 11-0-0-0.

2.14 Adoption of the Statement of Policy and City Council Questions related to the selection of a new Employee Services Director, in compliance with City Charter Section 411.1. CEQA: Not a Project.

(City Manager's Office)

(Rules Committee referral 10/9/02)

Documents Filed: Memorandum from City Manager Del D. Borgsdorf, dated October 8, 2002, recommending adoption of the Statement of Policy and City Council Questions related to the selection of a new Employee Services Director, in compliance with City Charter Section 411.1.

Discussion/Action: The Statement of Policy and City Council Questions related to the selection of a new Employee Services Director was adopted. Vote: 11-0-0-0.

2.15 Approval of City Manager Del D. Borgsdorf’s travel to Phoenix, Arizona, from October 17 – 18, 2002, to participate in the City-to-City program, to discuss expansion of convention center, downtown retail, and housing initiatives, and city hall construction. CEQA: Not a Project.

(City Manager's Office)

(Rules Committee referral 10/9/02)

Documents Filed: Memorandum from City Manager Del D. Borgsdorf, dated October 7, 2002, requesting approval to travel to Phoenix, Arizona.

Discussion/Action: The travel request for City Manager Del D. Borgsdorf was approved. Vote: 11-0-0-0.

2.16 Adoption of a resolution authorizing the City Manager to submit a grant application to the State Department of Education and to negotiate and execute a grant agreement, if awarded, with the California 21^st Century Community Learning Centers, providing after school programs in an amount not to exceed $1.5 million per year, for the period between January 1, 2003 and June 30, 2007. CEQA: Exempt, PP 02-10-289. (Parks, Recreation and Neighborhood Services/City Manager's Office)

(Rules Committee referral 10/9/02)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated October 8, 2002, recommending adoption of said resolution authorizing the City Manager to submit a grant application to the State Department of Education and to negotiate and execute said grant agreement with California 21^st Century community Learning Centers.

Discussion/Action: Resolution No. 71252, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Execute and Submit an Application to the California Department of Education for a Grant From the 21^st Century Community Learning Centers Program for the Period of January 1, 2003 Through June 30, 2007 in an Amount Not to Exceed $1.5 Million Per Year, to Accept the Grant if Awarded, and to Negotiate and Execute all Related Documents”, was adopted. Vote 11-0-0-0.

2.17 Approval of an ordinance revising Section 13.28.140(A) of Chapter 13.29 of Title 13 of the San José Municipal Code that increases notifications to adjacent property owners to a proposed street tree removal by requiring posting to property owners on both sides of the street for a distance of one hundred fifty feet on each side of the street tree. CEQA: Exempt, PP 02-10-292. (Transportation)

(Rules Committee referral 10/9/02)

Documents Filed: Memorandum from Acting Director of Transportation James R. Helmer, dated October 8, 2002, recommending approval of said ordinance revising Section 13.28.140(A) of the San José Municipal Code.

Discussion/Action: William Garbett spoke on the item. Ordinance No. 26754, entitled: “An Ordinance of the City of San Jose Amending Section 13.28.140 of Chapter 13.28 of Title 13 of the San Jose Municipal Code to Direct the Director of the Department of Transportation to Increase the Notifications Given to Surrounding Areas Upon the Proposed Removal of any Street Tree”, was adopted. Vote 11-0-0-0.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – Meeting of October 2, 2002

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: Rules Committee Report of October 2, 2002.

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

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

(b) City Council

(1) Review October 15, 2002 Draft Agenda

The Committee recommended approval of the October 15, 2002 Council Agenda with two additions.

(2) Add New Items to October 8, 2002 Amended Agenda

The Committee recommended three additions to the October 8, 2002 Council Agenda.

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

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

None Filed.

(d) Meeting Schedules - None Presented.

(e) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn dated September 26, 2002 listing the items transmitted to the Administration for the period September 11-24, 2002.

The Committee noted and filed the Public Record for the period September 11-24, 2002.

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

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

(h) Administrative Reviews and Approval

(1) Workload assessment to establish an ad hoc City Council/Santa Clara Valley Water District committee to discuss all unresolved policy issues relating to trails. Attachment: Memorandum from Sara Hensley, Director of Parks, Recreation and Neighborhood Services, dated October 2, 2002, recommending a one-week deferral of the requested workload assessment.

Member Chavez requested and the Committee to direct the Administration to include in the October 9, 2002 workload assessment the following:

(a) a list of all outstanding issues between the City of San José and the Santa Clara Valley Water District (SCVWD) relating to trails;

(b) current status of the trail projects timeline agreed upon by the City and SCVWD; and

(c) pre-approved, one-week report to Council on the workload assessment.

(2) Request from Council Member Ken Yeager to use Council General funds to attend the 79^th National League of Cities Congress of Cities & Exposition 2002 in Salt Lake City, Utah, December 1-8, 2002. Attachment: Memoranda from Council Member Ken Yeager dated September 16, 2002 requesting use of Council General funds and out-of-state travel; and from City Clerk Patricia O’Hearn dated September 26, 2002 summarizing the use of Council General Travel Budget to date.

The Committee recommended approval for Council Member Yeager to use Council General funds to attend the 79^th National League of Cities Congress of Cities & Exposition 2002 in Salt Lake City, Utah,
December 1-8, 2002.

(i) Oral Communications

Pete Campbell submitted two letters dated October 2, 2002: One expressed concern about banners installed along Saratoga Avenue; and the other requested answers to a list of questions concerning the Redevelopment Agency.

(j) Adjournment - The meeting was adjourned at 2:20 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Rules Committee Report and actions of October 2, 2002 were accepted. Vote: 11-0-0-0.

Documents Filed: Rules Committee Report (Partial) of October 9, 2002.

(h) Administrative Reviews and Approval

(1) Workload assessment to establish an ad hoc City Council/Santa Clara Valley Water District committee to discuss all unresolved policy issues relating to trails. Attachment: Memorandum from Sara Hensley, Director of Parks, Recreation and Neighborhood Services, dated October 9, 2002, recommending that negotiations between City and District Staff continue and that a joint subcommittee of the Council/Water Board be established if tentative agreement is not reached by the November 27, 2002, meeting of the Education, Neighborhoods, Youth and Seniors Committee.

The Committee recommended that the original request from Council Members Reed and Yeager be placed on the October 15, 2002 Council Agenda, as follows:

(1) 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.

(2) Direct the Administration to seek scheduling a joint meeting with a committee of board members from the Santa Clara Valley Water District during the month of October 2002 to discuss all policy issues relating to trails that have not been resolved by the two staffs, and come up with joint recommendations for action for the Council and the Board.

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

(3) Approve City positions on November 2002 State ballot. Attachment: (1) Memorandum from Betsy Shotwell, Director of Intergovernmental Relations, dated October 1, 2002, recommending approval of the recommended City positions for each of the statewide ballot propositions set for the November 2002 General election. (2) Memorandum from Mayor Gonzales, dated October 14, 2002, recommending City positions for Propositions 46-47-48-49-50-51 and 52.

The Committee approved the recommended City positions for six of the seven statewide ballot propositions set for the November 2002 General Election, and directed the Administration to change the recommended City position on Proposition 52 to “Support”.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., Council Member Chavez, and unanimously carried, the October 9, 2002, Rules Committee Report was approved, with the exception of Item 3.2(h)(3) which is in conflict with Mayor Gonzales’ memorandum of October 14, 2002. Betsy Shotwell, Director of Intergovernmental Relations, explained that Propositions 47-52 were presented to the Rules Committee on October 9, and the Committee voted to support Proposition 52, with their position remaining the same on the others as recommended by Staff. She indicated that Staff recommended opposing Proposition 51; however, the Mayor’s memorandum recom-mended a “no position” on Proposition 52, which was in line with Staff recommendation. Regarding Proposition 52, Mayor Gonzales expressed concern that there are some issues regarding voter fraud which should be resolved before moving forward with the proposed legislation.

Council Member Dando stated she believes a one-day turnaround to check validation for registration is fraught with problems and will lend itself to a considerable amount of voter fraud, and that this issue has not been given due consideration how it will be enforced. She indicated that the League of California Cities, after considerable debate, came to the same conclusion. Council Member Yeager expressed his support of Proposition 52 and commented that other states with one-day registration have no problem enforcing it or have not had problems with fraud. He added that he believes there will be higher levels of voter turnout. Council Member Chavez stated that she recognizes the challenge related to voter fraud; however, Proposition 52 makes voter fraud a new felony and requires election officials to report suspicious voter fraud to the District Attorney and the Secretary of State. She explained that currently people who register to vote are not required to show proof of their identify, but fill out an affidavit avowing to the information they have provided; same-day voters would do the same; and all voters are required to show proof of residence when they vote. She added that other states that have same-day voter registration have a higher voter turnout and no increase in fraud. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Mayor’s memorandum, with exception of Proposition 52, was approved.

Regarding Proposition 51, Council Member Dando noted that it will not effect the City of San Jose; however, she is concerned that the proposition allows a different distribution of the State’s General Fund which could, in the long term, affect projects that are important to San Jose. In terms of transportation funding, she recommended that Staff be sure there is a regional plan before allocating money to projects. Regarding Proposition 51, Mayor Gonzales expressed concern about the list of projects to be funded – some he believes are worthy of support while others are not, and believes it is appropriate for the Council to take a position which is consistent with the VTA Board and Staff recommendation; therefore, he recommends a “no position.” Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the recommended positions for all propositions except Propositions 51 and 52 were approved. Vote: 11-0-0-0. Motion by Council Member Dando, seconded by Council Member LeZotte, for a position of Oppose on Proposition 51 failed. Vote 3-8-0-0. Noes: Campos, Chavez, Cortese, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales. Motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, a “no position” on Proposition 51 was approved. Vote: 8-3-0-0. Noes: Dando, Diquisto, LeZotte. Council Member Chavez moved approval of a “support” position on Proposition 52. Vice Mayor Shirakawa, Jr. seconded the motion. Council Member Cortese stated that he believes the 30-day cut-off for voter registration is arbitrary and does not believe it is compelling for the State to impose it under the Constitution. Council Member LeZotte stated that she believes there is a serious lack of voter participation and the possibility of fraud is miniscule to those who will take advantage of voting. Council Member Reed stated that he believes the cut-off is now 15 days prior to election and believes this should remain in place to determine if it makes a difference in participation levels. He expressed concern about clerks not having time to adequately deal with the flow of paperwork and preparing for elections.

Council Member Williams stated that he believes voting is a privilege and special accommodations should not be given; if there is 15 days, people should make up their minds by then and take the time to review election materials. Vice Mayor Shirakawa, Jr., stated that he believes the Council should offer any opportunity for people to vote. Council Member Dando stated that she believes the current 15-day cut-off provides enough flexibility and that the Registrar of Voters and the Clerk’s Office will not be able to provide due diligence for the election with any time less than that. Council Member Chavez stated that the County of Santa Clara supported Proposition 52 on a 5-0 vote, and that the Registrar of Voters does not necessarily verify who is voting, but rather uses the information to update their records. Council Member Campos commented people should have every opportunity to vote. Mayor Gonzales expressed concern that the same-day registration model has not been tested in an area as large as Santa Clara County, and that the Board of Supervisors would be willing to take on this task. He expressed concern that there is only $6 million allocated to staff this program, which he believes is not enough, and that it will be detrimental to helping people participate in the voter process on election day. On a call for the question, the motion carried and a “support” position for Proposition 52 was approved. Vote: 6-5-0-0. Noes: Dando, Diquisto, Reed, Williams; Gonzales.

3.4 (a) Acceptance of the 2001-2002 City Manager’s Annual Report of the Finances and Administrative Activities of the City of San José, pursuant to the City Charter Section 701(f).

(b) Adoption of appropriation ordinance and funding sources resolution amendments in various operating and capital funds to implement 2001-2002 Annual Report recommendations and provide for appropriate technical adjustments.

(c) Adoption of a resolution making certain determinations regarding the expenditure of Redevelopment Agency funds on certain public improvements (as detailed in the Appendix of this report).

CEQA: Not a Project. (City Manager’s Office)

Documents Filed: (1) Memorandum form Mayor Gonzales, dated October 15, 2002, recommending approval of the City Manager’s recommendations contained in the 2001-2002 Annual Report and adopt the appropriation ordinance and funding sources resolution amendments in various funds as detailed in Section III. (2) Report entitled: Annual Report of the City of San José for FY 2001-2002, dated September 2002, prepared by the Office of the City Manager.

Discussion/Action: Larry Lisenbee, Budget Director, reviewed the 2001-02 Annual Report, and indicated that the City General Fund had managed to end the year with $28 million more than budgeted despite the biggest fall-off in revenues in 15 years. He provided slides highlighting the report: General Fund Performance Comparison: Estimate and Actuals; Historic Growth: General Fund Revenue (Adjusted); General Fund: Fund Balance History; Historic Growth: Construction and Conveyance Taxes; Historic Growth: Construction Tax Revenues; Airport Operating Funds; Transit Occupancy Tax Funds; Proposed Allocation of Additional Resources; Other Recommended Actions; and Looking Ahead.

Mayor Gonzales referred to a memorandum he had distributed recommending approval of the Manager’s recommendations, and recommended using estimated ending fund balances to offset other revenue estimates that have not been realized to date. Vice Mayor Shirakawa, Jr. moved approval of the Annual Report for FY2001-2002. Council Member Chavez seconded the motion. Council Member Chavez asked what Staff is anticipating with State budget cuts and if there will be mid-year adjustments as a result. Director Lisenbee replied that Staff does not know yet what measures the State will use, but whatever they are the City’s situation will be worse. Council Member Chavez asked if there would be the same challenge with the Federal government. Director Lisenbee responded that the City is much less impacted by Federal revenues. Referring to pages XIX and XX, Council Member Reed asked if there is a list of programs that are rebudgets. Referring to Section III, he requested that next year there be a different section or different description for those that are neither technical nor rebudgets, but funds are being shifted around within a fund. Regarding arts groups, Council Member Williams asked if the revenue being taken back includes any commitments that have already been made by the arts group to the community. Nancy Johnson, Director, Convention, Arts and Entertainment, responded that funds came out of ending fund balances so did not impact grantees that received payments. Regarding sales tax revenues, Council Member Yeager asked what areas had the largest decrease. Director Lisenbee responded that sales tax revenue from business-to-business, and within business-to-business in electronic and equipment sales, decreased 30%-40%.

Council Member Yeager asked how retail sales and big-ticket items, such as automobiles, held up. Director Lisenbee responded that retail was only 6%-7% down, and big-ticket items were good until the recent quarter. Council Member Yeager requested that this information be provided to Council on a regular basis. Director Lisenbee indicated that Staff would include more specific information in the Monthly Financial Report.

Council Member Dando asked what amount of shortfall will there be for public safety, particularly Fire. Director Lisenbee responded that if there are no changes in current spending, there would be a shortage of approximately $4 million in the Fire Department. Council Member Dando stated that she believes it would behoove the City to develop a strategy to keep a pledge made to the community about having paramedics on fire apparatus and providing the type of safety and security they believe they should get.

Council Member Diquisto referred to page XX, District 9 Construction and Conveyance Tax, and asked why the $69,493 differs from the $66,493 ending balance on page 152. Director Lisenbee indicated he would provide an answer to that. Referring to page 122, Council Member Diquisto asked about the return of funds to the Parks Bond Fund rather than using it on another project in District 9. Director Lisenbee explained that this money is a savings from a project and is needed to build up a reserve fund for future projects. Referring to page 174 regarding the budgeting of $189,000 for a tot lot, Council Member Diquisto indicated that the project is 95% completed and only $100,000 is allocated. Director Lisenbee responded that he would get back to the Council on this item. On a call for the question, the motion carried, the 2001-2002 City Manager’s Annual Report of the Finances and Administrative Activities of the City of San José, pursuant to the City Charter Section 701(f), was accepted, Ordinance No. 26755, Resolution No. 71253, and Resolution No. 71254, were adopted, with the following directives to Staff: (1) Develop in Section III. Appropriation/Cleanup Adjustment Actions a separate section/description of those things that are neither technical nor rebudgets, but where funds are shifted in a substantive manner within a fund; and (2) Explain discrepancy between Construction & Conveyance Tax Fund – District 9 – $69,493 as contained in the Letter of Transmittal – Certification (Pg XX) and $66,493 Ending Fund Balance on Page 152. Vote: 10-0-1-0. Absent: LeZotte.

3.5 (a) Approval of a first amendment to the agreement with Callander Associates Landscape Architecture, Inc. for consultant services for the Guadalupe River South Reach 12 Phase 1 Project, increasing the total compensation by $112,000, for a total agreement amount of $262,000, and revising the scope of services and the schedule of performance. CEQA: Not a Project.

(b) Adoption of the following appropriation ordinance amendments in the Subdivision Park Trust Fund:

(1) Establish the Winfield Park Development Project for $125,000.

(2) Reduce the Reserve: Future PDO/PIFO by $125,000.

CEQA: Not a Project. Council District 10. (Public Works/City Manager's Office)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated September 25, 2002, recommending (a) approval of a first amendment to said agreement with Callander Associates Landscape Architecture, Inc., and (b) adoption of said appropriation ordinance amendments in the Subdivision Park Trust Fund.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Diquisto, and unanimously carried, the first amendment to said agreement with Callander Associates Landscape Architecture, Inc. was approved and its execution authorized, and Ordinance No. 26756, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26674 to Appropriate Moneys in the Subdivision Park Trust Fund for the Winfield Park Development Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote 10-0-1-0. Absent: LeZotte

3.6 (a) 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.

(b) Direct Administration to seek scheduling a joint meeting with a committee of Board Members from the Santa Clara Valley Water District during the month of October to discuss all policy issues relating to trails that have not been resolved by the two staffs, and come up with joint recommendations for action for the Council and the Board.

[Rules Committee referral 10/9/02 – Item 3.2(h)(1)]

Documents Filed: See Item 3.2(h)(a) for documents filed.

Discussion/Action: Council Member Reed asked if a joint Council/Water District meeting had been scheduled for January. Mark Linder, Assistant City Manager, responded that a meeting was scheduled for January 22, 2003. Council Member Reed expressed concern that the trail projects have been delayed, and he supports forming a joint subcommittee to determine the problems related to the delay. Staff explained that they have met with and presented an initial draft agreement to the Santa Clara Valley Water District, and would meeting again to review their written comments; and Staff will be back to Council on November 19 with a report on the status of the agreement. Water District Staff Beau Goldie explained that the Water District is committed to providing seventy miles of trails, and they are working with City Staff on a broader partnership to streamline the trails. He added that they are committed to come back to the Council and to the Water District Board on November 19 with key elements of the Memorandum of Understanding (MOU) for the trails. Council Member Reed moved to defer the item two weeks. Council Member Yeager seconded the motion. Council Member Dando stated that if there is not an agreement by November, she believes the Council needs to go ahead with a subcommittee and move aggressively. She commented that she does not understand the difficulty in developing a joint use agreement. Staff explained that the Water District has already moved a couple of trails ahead and has provided them to the community. On a call for the question, the motion carried unanimously, and the item was deferred to October 29, 2002. Vote: 11-0-0-0.

3.7 Appointment of members to the Joint Council/Water District Ad Hoc Subcommittee on Trails. (Mayor) (Orders of the Day)

Documents Filed: None.

Discussion/Action: This item was deferred to October 29, 2002.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 PUBLIC HEARING ON PETITION FOR TENTATIVE PARTIAL CANCEL-LATION OF LAND CONSERVATION CONTRACT (Williamson Act), for property consisting of 3.5 acres located on the northeast corner of Fleming Avenue and Warner Drive (Rolando Loera, Owner). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval.

No Planning Commission action required.

Contract No. 71-234 - District 5

(Continued from 8/20/02 – Item 11.3 et al., and 9/17/02 – Item 4.4)

Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement Stephen M. Haase, dated July 31, 2002, recommending adoption of said resolution granting tentative approval of the partial cancellation of California Land Conservation Contract No. 71-234. (2) Proof of publication of public hearing notice executed on August 2, 2002, submitted by the City Clerk.

Discussion/Action: Rolando Loera spoke on the issue. Resolution No. 71255, entitled: “A Resolution of the Council of the City of San Jose Certifying to the County Auditor of Santa Clara County the Amount of Cancellation Fee to be Paid Upon Cancellation of a Land Conservation Contract, Giving Tentative Approval to Such Cancellation, Prescribing the Conditions Under Which This Resolution Will be Effective, Directing the Director of Planning to Record a Certificate Relating to Such Cancellation, Requiring Satisfaction of Such Conditions Prior to the Cancellation Becoming Effective, and Prescribing Conditions in Connection Therewith, and Disestablishing the Agricultural Preserve Within Which the Land is Located”, was adopted. Vote 11-0-0-0.

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

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

(Deferred from 10/1/02 – Item 4.5)

Documents Filed: (1) Memorandum from Director of Housing Leslye Corsiglia, dated October 4, 2002, recommending adoption of a resolution approving the recommendations included in the FY 2002-2007 Five-year Housing Investment Plan to revise current City policies and accepting the remainder of the report. (2) Report entitled: City of San José Five-Year Housing Investment Plan, Fiscal Years 2002/03 2006/07, prepared by the City of San José Housing Department, dated October 3,2002.

Discussion/Action: Council Member Williams moved approval of the Staff recom-mendations. Council Member Diquisto seconded the motion. Referring to page 17, Council Member Campos asked if the average household size of 3.24 pertains to the average of the whole city or by district. Leslye Corsiglia, Director of Housing, responded that this is the citywide average, but she could provide this data by census block. Council Member Campos requested that this information be provided to Council. Regarding affordable housing, she asked if there was a particular population group more in need. Director Corsiglia responded that the burden falls on extremely low income; however, there is a need across the board. Council Member Williams commented that the lack of housing will have a significant impact on the future and asked how more can be provided. Director Corsiglia responded that there are significant actions proposed in the Housing Plan, including Federal and State programs, which will influence more affordable housing. Council Member Williams asked if Staff had considered initiating a bond measure. Director Corsiglia explained that State-wide, Proposition 46 will provide more affordable housing and Staff will look at the potential for a bond measure for next year. Council Member Cortese requested a copy of the changes that were made to the document since October 1. On a call for the question, the motion carried unanimously, and Resolution No. 71256, entitled: “A Resolution of the Council of the City of San Jose Approving the Five Year Housing Investment Plan”, was adopted, and Council directed Staff to use the 2000 Census data to identify the average household size by Census Block in each Council District in the City of San José, and to provide Council with copies of the actual changes/revisions to the Policy document since October 1, 2002. Vote 11-0-0-0.

4.4 PUBLIC HEARING on Historical Property Contract for the Charles O. Bocks Residence, City Landmark No. HL02-141, located at the southwest corner of The Alameda and Randol Avenue (1645 The Alameda) on 0.34 gross acre. (Jim Blair, Eaglecreek Associates II, Owner). CEQA: Exempt.

(Planning, Building, and Code Enforcement)

MA 02-002 - District 6

(Continued from 10/8/02 – Item 4.2)

Documents Filed: (1) Memorandum from Historic Landmarks Commission Secretary Stephen M. Haase, dated September 18, 2002, recommending adoption of a resolution approving a historical property contract for the Charles O. Bocks Residence. (2) Proof of Publication of public hearing notice executed on September 24, 2002, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Reed, and unanimously carried, Resolution No. 71256.1, entitled: “A Resolution of the Council of the City of San José, Approving a Historic Landmark Preservation Agreement with Eaglecreek Associates, II for the Charles O. Bocks Residence (City Landmark No. HL01-141)” was adopted. Vote: 11-0-0-0.

4.5 PUBLIC HEARING on the Historical Property Contract for the Hotel Metropole, City Landmark No. HL88-46 and the Sunol Building, City Landmark No. HL02-129 located at the northwest corner of South Market and Post Streets (35 South Market St.) on 0.33 gross acre. (Florin II LTD, William B. Mitchell G.P., Owner). CEQA: Exempt. (Planning, Building, and Code Enforcement)

MA 02-003 - District 3

(Continued from 10/8/02 – Item 4.3)

Documents Filed: None.

Discussion/Action: This item was deferred to October 22, 2002.

4.6 (a) Authorization Adoption of a resolution authorizing for the City Manager to negotiate and execute a real property purchase and sale agreement that includes an irrevocable offer of transfer with Lenzen Associates LLC, or an affiliated entity, for placement on City-owned light poles and traffic signals and property at the southwest corner of Stockton Avenue and Lenzen Avenue, comprising approximately 19,750 square feet of land for park purposes and further authorizing the Director of Public Works to execute acceptance of the deed, as well as any and all other documents necessary to complete the transactiontelecommunication repeaters at the discretion of RNI incorporating business terms as described in this memorandum’s Analysis.

(b) Adoption of the following appropriation ordinance and funding sources resolution amendments in the Park Trust Fund:

(1) Establish an appropriation for the Cinnabar Commons Parkland Acquisition Project for $1,531,250.

(2) Increase the estimate for Earned Revenue by $1,531,250.

CEQA: Resolution No. 71174. Council District 6. (Parks, Recreation and Neighborhood Services/Public Works/City Manager’s Office))

(Rules Committee referral 10/9/02)

Documents Filed: Memorandum from Director of Public Works Katy Allen, Director of Parks, Recreation and Neighborhood Services Sara Hensley, and Budget Director Larry L. Lisenbee, dated October 11, 2002, recommending (1) adoption of said resolution authorizing the City Manager to negotiate and execute a real property purchase and sale agreement with Cinnabar Commons LLC, and (2) adoption of said appropriation ordinance and funding sources resolution amendments in the Park Trust Fund.

Discussion/Action: Staff reported a change in the Staff report to show the option to expire on October 22, 2002. William Garbett spoke on the item. Resolution No. 71257, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute a Real Property Purchase and Sale Agreement with Cinnabar Commons LLC, or an Affiliated Entity, for the Purchase of Approximately 19,750 Square Feet of Land at the Southwest Corner of Stockton Avenue and Lenzen Avenue for Parks Purposes, and Also Authorizing the Director of Public Works to Execute Acceptance of the Grant Deed and All Other Documents Necessary to Complete the Property Purchase”, and Ordinance No. 26757, entitled: “An Ordinance of the City of San Jose Amending Ordinance No. 26674 to Appropriate Moneys in the Subdivision Park Trust Fund for the Cinnabar Commons Parkland Acquisition Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Resolution No. 71258, entitled: “A Resolution of the Council of the City of San Jose Amending Resolution No. 71072 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2002-03 to Adjust Revenues in the Subdivision Park Trust Fund”, were adopted. Vote 10-0-1-0. Absent: Reed.

RECREATION & CULTURAL SERVICES

5.2 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) (Deferred from 10/1/02 – Item 5.4)

Documents Filed: None.

Discussion/Action: This item was deferred to October 22, 2002.

TRANSPORTATION SERVICES

6.1 Approval of the report from the San José Taxicab Advisory Team (“Team”) and:

(a) Direction to the City Manager and San José Redevelopment Agency Director to work with the Team to identify the funding needed to support the marketing and customer evaluation components of their recommendations;

(b) Direction to the Chief of Police to approve the proposed pilot temporarily suspending the issuance of permits to additional taxicab companies not licensed as of July 1, 2002; and,

(c) Amend the Taxicab Rate, Fares and Tariffs Resolution to increase the current per mile rate of $2.25 per mile (.25 per 1/9 mile) to $2.50 (.25 per 1/10), amending the flag drop from $2.00 (including 1/9 mile) to $2.00 per 1/10 mile), and maintain the same wait time calculation of $.20/36 seconds ($20 hour).

(City Manager’s Office/San José Taxicab Advisory Team)

(Deferred from 6/18/02 – Item 6.4 et al., and 9/17/02 – Item 6.1)

Documents Filed: None.

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

6.2 Adoption of a resolution establishing speed limits in the City of San José including the following:

(a) Establishing new speed limits on the following roadways within the City of San José:

(1) Ridder Park Drive - from Brokaw Road to Fox Lane, 30 mph.

(2) Rio Robles - from Tasman Drive to North First Street, 35 mph.

(b) Re-establishing speed limits with changes to the following roadways within the City of San José:

(1) Hicks Avenue - from Curtner Avenue to Minnesota Avenue, from 30 mph to 25 mph.

(2) Shasta Avenue - from San Carlos Street to Park Avenue, from 30 mph to 25 mph.

(3) Stokes Street - from Bascom Avenue to St. Elizabeth Drive, from 35 mph to 30 mph.

CEQA: Exempt, PP02-09-246. Council Districts 4 and 6. (Transportation)

Documents Filed: (1) Memorandum from Acting Director of Transportation Jim Helmer, dated September 26, 2002, recommending adoption of said resolution establishing sped limits in the City of San José. (2) Letter from resident Walter E. Carruthers, dated October 10, 2002, urging approval of the reduction of speed limit on Hick Avenue from 30 miles per hour to 25 miles per hour.

Discussion/Action: David Markham spoke on the item. Upon motion by Council Member Yeager, seconded by Council Member Diquisto, and unanimously carried, Resolution No. 71259, entitled: “A Resolution of the Council of the City of San Jose Establishing Speed Limits on Sections of Ridder Park Drive and Rio Robles, Reestablishing Speed Limits on Sections of Hicks Avenue, Shasta Avenue and Stokes Street, Reestablishing, Without Change, Speed Limits on Other Streets Within the City of San Jose, and Repealing Resolution Nos. 69384, 69439, 70080, 70853, and 71078”, was adopted. Vote: 10-0-1-0. Absent: Williams.

AVIATION SERVICES

8.1 Approval of a fifth amendment to the Scheduled Airline Operating Agreement between the City of San José and American Airlines, Inc., to add provisions regarding compliance with the City’s Airport Noise Control Program, with annual revenue to the City in excess of $4,000,000. CEQA: Resolution No. 67380, PP 02-09-276. (Airport)

Documents Filed: None.

Discussion/Action: This item was deferred to October 22, 2002.

JOINT COUNCIL/REDEVELOPMENT AGENCY

The Redevelopment Agency Board convened at 3:10 P.M. to consider Items 10.1 and 10.2 in a Joint Session.

10.1 (a) Approval of an ordinance amending Title 14 of the San José Municipal Code to add a new Chapter 14.06 setting forth dispute avoidance and dispute resolution procedures for City public works construction projects.

(b) Adoption of a resolution by the Redevelopment Agency to implement the same dispute avoidance and dispute resolution procedures for RDA construction projects, to the extent that they do not conflict with the requirements of State law applied to RDA construction projects.

CEQA: Exempt, PP 02-10-278. (City Manager's Office/Redevelopment Agency)

Documents Filed: None.

Discussion/Action: This item was deferred to October 22, 2002.

10.2 (a) Adoption of a resolution by the City Council amending Council Policy 9-3, enacted in 1972, to allow Gateway/Community Gateway/Identification Signs for the greater downtown Area; and,

(b) Approval by the Redevelopment Agency Board of the first amendment to the agreement with Bohannon Eberts Design, LLC, in the amount of $72,257, for a total contract amount not to exceed $547,257, adding architectural and graphic design services for downtown gateway sign design to the Downtown Signage Program.

CEQA: Resolution No. 68839.

(Redevelopment Agency/City Manager's Office)

Documents Filed: Memorandum from Redevelopment Executive Director Susan F. Shick and City Manager Del Borgsdorf, dated October 15, 2002, recommending (a) adoption of said resolution amending Council Policy 9-3, and (b) approval of the first amendment to said agreement with Bohannon Eberts Design, LLC.

Discussion/Action: Council Member Reed asked why Staff was recommending the signage for downtown and not other areas of the City; why not do it all now. Stephan Haase, Director of Planning, Building and Code Enforcement, explained that this is a first step in a clean-up action so the Council policy is consistent with sign requirements in the downtown area. He indicated that Staff does have a referral from the Council to deal with signage in all communities; however, this issue is more complex in communities when Staff looks at gateway and community identification signs. Council Member Cortese expressed concern that this program is not being extended to neighborhoods and asked when Staff will be responding to Council on the referral. Director Haase responded that Staff is currently developing criteria for identification signs in neighborhoods to avoid a proliferation of signs. Council Member Cortese stated that he believes the City needs to find out what neighborhood associations want.

Mayor Gonzales explained that this item is a conformance action focusing on the downtown, and neighborhood issues came up after the downtown issues. Susan Shick, Executive Director of the Redevelopment Agency (RDA), explained that Staff did a contract on a master sign program for downtown and brought it to the Agency Board, and the direction was for gateway signs in and around downtown. She indicated that the current item is to allow Staff to proceed with the contract in place; however, it requires an amendment. She added that Staff would follow up with the rest of the City as Planning brings proposals back to the Council’s attention. Council Member Cortese asked what is the plan for community signs. Director Haase explained that Staff would report back on the timeline. Council Member Dando stated that there was discussion to have signage go into neighborhoods and suggested that Staff come back to Council in 30 days with a plan.

Council Member Chavez stated that Core issues are different from district issues and cautioned the Council about comparing them. She stated that she sees no reason why neighborhood gateway signs cannot be installed now, and asked what is the timeline and the product. Director Haase responded that Staff has met with Strong Neighborhood Initiative (SNI) neighborhoods and he will provide feedback from that meeting to the Economic Development Committee. Council Member Chavez asked if the Committee approves the plan, can Staff bring the item back to Council before the end of the year. Director Haase responded that Staff would be able to do that. Council Member Chavez asked how the consultant’s work would be integrated into the Streetscape Master Plan strategy. Director Shick explained that the ultimate plan will have the streetscape, sign, and lighting plans, and it is being coordinated through meetings held throughout neighborhoods, as well as internally with Staff. Council Member Chavez asked if this would be brought back to the RDA Board in one presentation and when. Director Shick responded that Staff was targeting February for the presentation. Referring to page 3 regarding a general meeting for other SNIs on September 30, Council Member LeZotte asked who was at the meeting, where was it held, and how were people notified. She stated that she does not believe limiting outreach to SNI areas is a good idea because the City needs to move forward with it and it involves all neighborhoods.

Council Member Dando moved to approve the item with direction to Staff to report back within 30-60 days on the timeline and future action for neighborhood and gateway signs; seconded. Upon motion by Council Member Dando, seconded by Council Member Williams, and unanimously carried, Resolution No. 71260, entitled: “A Resolution of the Council of the City of San Jose Amending Council Policy 9-3 to Allow Gateway/Com-munity Identification Signs in the Greater Downtown Area”; was adopted, and the first amendment to said agreement with Bohannon Eberts Design, LLC, was approved and its execution authorized by the Redevelopment Agency Board, with direction to Staff to report to Council within 30 to 60 days via Economic and Neighborhood Development Committee regarding (1) timelines and workplans for neighborhood and gateway signs; (2) plans identifying geographic equity areas outside the Downtown Core; (3) how the work is to be integrated into the master plan; and (4) a schedule of dates and locations where community outreach meetings were held. Vote 10-0-1-0. Absent: Diquisto.

The Redevelopment Agency Board adjourned at 3:26 p.m.

NOTICE OF CITY ENGINEER’S PENDING DECISION ON FINAL MAPS

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

Tract	Location	Council District	Developer	Lots/ Units	Type	Proposed Decision
9429	E/s Coastland Ave., 100 feet e/o Ardis Dr.	6	Mike Chen	5 units	SFDR	Approved

IN ACCORDANCE WITH SEC. 19.16.140D OF THE SAN JOSE MUNICIPAL CODE, THIS IS NOTICE OF THE CITY ENGINEER'S RECEIPT OF THE FOLLOWING FINAL MAPS FOR REVIEW: