MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, MARCH 4, 2003

The Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.

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

Absent: Council Members - Chirco. (Excused)

Upon motion unanimously adopted, Council recessed at 9:30 a.m. to a Closed Session in Room 600 to confer with (a) Conference with real property designated representatives pursuant to Government Code Section 54956.8: (1) Property: 2121 North First Street, San Jose, CA. Designated Representatives: Paul Krutko, Jr., for the City of San Jose and Cornish & Carey for Novell. Under Negotiation: Purchase price and terms of payment. (b) Conference with Legal Counsel pursuant to Government Code under Subsection (a) to discuss existing litigation in the cases of (1) D’Arcy, et al. v. City of San José. (2) Parker-Jones v. City of San José. (c) Public employee performance evaluation pursuant to Government Code Section 54957: Title: City Attorney.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:50 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

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

Absent: Council Members - None.

Invocation

Father Leininger delivered the Invocation. (District 3)

Pledge of Allegiance

Mayor Gonzales led the Pledge of Allegiance.

Orders of the Day

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

CEREMONIAL ITEMS

1.1 Presentation of a plaque from the Santa Clara County Health Plan to the Mayor for his support of the Healthy Kids Program and Children’s Health. (Mayor)

Documents Filed: None.

Discussion/Action: Leona Butler from the Santa Clara County Health Plan presented a plaque to Mayor Gonzales and Council for appreciation to the City of San José for financial and moral support of the Healthy Kids and Children’s Health Programs.

1.2 Presentation of proclamation declaring March 7-10, 2003, as the NCAA “PAC 10”

Women’s Basketball Tournament Weekend. (Mayor)

Documents Filed: None.

Discussion/Action: Mayor Gonzales presented a proclamation to Susan Hammer, former Mayor of San José and Chair of the Local Organizing Committee 2003 State Farm Pac-10 Women’s Basketball Tournament and Christine Hoyles, Assistant Commissioner, Amy Love and colleague Ellen Markovitz of Real Sports Magazine, for their work in building the City’s great history of hosting both collegiate and professional basketball activities in San Jose, drawing upon the community’s interest in women’s basketball and the support of the Parks, Recreation, Neighborhoods Services Department.

CONSENT CALENDAR

Upon motion by Vice Mayor Dando, 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:

(a) Meeting of June 4, 2002

(b) General Plan Hearing of June 4, 2002

Documents Filed: Minutes of the Regular City Council and the regular General Plan Hearing of June 4, 2002, and the Public Hearing of June 10, 2002 on Final Proposed Budget Modifications for FY 2002-2003.

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

2.2 Final adoption of ordinances:

(a) ORD. NO. 26835 - Amends Chapter 3.36 of Title 3 of the San José Municipal Code to make technical corrections to the provisions relating to plan-approved domestic relations orders in the Police and Fire Department Retirement Plan.

Documents Filed: Proof of publication of title of Ordinance No. 26835, executed on February 25, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26835 was adopted. Vote: 11-0-0-0

(b) ORD. NO. 26836 - Amends Sections 3.36.1640 of Chapter 3.36 of Title 3 of the San José Municipal Code to provide comparable monthly benefits for former members of the Police and Fire Department Retirement Plan who separate from City service on or after February 4, 2000, and amending Sections 3.36.1280, 3.36.1660 and 3.36.1670 to provide comparable and surviving spouse benefits for survivors of such former members and for survivors of members who retire for nonservice-connected disability.

Documents Filed: Proof of publication of title of Ordinance No. 26836, executed on February 25, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26836 was adopted. Vote: 11-0-0-0

(c) ORD. NO. 26837 - Amends Section 3.36 of Title 3 of the San José Municipal Code to repeal the Police and Fire Department Retirement Plan requirement that a person who is retired for Disability and is under age 55 obtain Retirement Board approval to move out of state.

Documents Filed: Proof of publication of title of Ordinance No. 26837, executed on February 25, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26837 was adopted. Vote: 11-0-0-0

(d) ORD. NO. 26838 - Approves rezoning certain real property situated at the southeast and southwest corners of Story and South King Roads to CP Commercial Pedestrian and CEQA: Not a Project. Commercial Neighbor-hood Zoning Districts. C 02-088

Documents Filed: Proof of publication of title of Ordinance No. 26838, executed on February 25, 2003, submitted by the City Clerk.

Discussion/Action: William Garbett spoke on the issue. Ordinance No. 26838 was adopted. Vote: 11-0-0-0

(e) ORD. NO. 26839 – Approves rezoning certain real property situated on the easterly side of Highway 101, approximately 1,000 feet northerly of Hellyer Avenue, to A(PD) Planned Development Zoning District. PDC 03-003

Documents Filed: Proof of publication of title of Ordinance No. 26839, executed on February 25, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26839 was adopted. Vote: 11-0-0-0

2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #25 and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project. (General Services)

Documents Filed: Memorandum from Director of General Services Jose Obregon dated February 10, 2003, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List #25 FY2002-2003 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0

2.4 Adoption of a resolution authorizing the City Manager to negotiate and execute a 10 year lease agreement for a combined Police Department Vehicle and Evidence Warehouse with Sun Garden Tenants In Common, for 99,819 square feet of warehouse space, located at 1582 Monterey Road, at a rental rate of $38,929.41 per month with an increase of 3% each year. CEQA: Exempt, PP03-02-056. (General Services)

Documents Filed: None.

Discussion/Action: This item was deferred to March 11, 2003.

2.5 Adoption of a resolution pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 to make application to the Santa Clara County Local Agency Formation Commission (LAFCO) to allow the reorganization of territory designated as Evergreen No. 188, which involves the annexation to the City of San José of approximately 11.05 gross acres of land, located approximately 1070 feet east of Murillo Avenue and 380 feet northerly of Quimby Road, and the detachment of the same from the Central Fire Protection District and the Santa Clara County Library service Area. CEQA: Negative Declaration, PDC01-102. Council District 8. (Planning, Building and Code Enforcement)

Documents Filed: Memorandum from Director of Planning, Building & Code Enforcement Stephen M. Haase dated February 10, 2003, recommending adoption of said resolution pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 to make application to the Santa Clara County Local Agency Formation Commission.

Discussion/Action: Resolution No. 71426, entitled: “A Resolution of the Council of the City of San José Making Application to the Local Agency Formation Commission Pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 to Initiate Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Evergreen No. 188”, was adopted. Vote: 11-0-0-0

2.6 Adoption of a resolution authorizing the reorganization of territory designated as Franklin No. 50, which involves the annexation to the City of San José of 16.25 acres of land, located at the south side of Tully Road, approximately 500 feet easterly of Tenth Street and generally bounded by the City of San José Annexations Monterey Park No. 5, Franklin 31, Franklin 4, and Franklin 17, and the detachment of the same from the appropriate special districts including: Central Fire Protection District and the County Library Service Area. CEQA: Resolution No. 71359, PDC 02-040. Council District 7. (Planning, Building, and Code Enforcement)

Documents Filed: Memorandum from Director, Department of Planning, Building and Code Enforcement, Stephen M. Haase, dated February 10, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71427, entitled: “A Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Franklin No. 50, Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0

2.7 Report on bids and award of contract for the Playa Del Rey Sanitary Sewer Rehabilitation Project to the low bidder, Pacific Underground Construction, Inc., in the amount of $232,656, and approval of a contingency in the amount of $23,000. CEQA: Exempt, PP02-12-366. Council District 10. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated February 10, 2003, recommending award of said contract with related contingency to the low bidder, Pacific Underground Construction, Inc.

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

2.8 Report on bids and approval to reject all bids for the Edenvale Garden Park Phases IV & V Project and authorization for the Director of Public Works to re-advertise and re-bid the project with revisions to the specifications. CEQA: Negative Declaration, PP 90-03-078. Council District 2. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated February 19, 2003, recommending approval to reject all bids for the Edenvale Garden Park Phases IV & V Project and authorize the Director of Public Works to re-advertise and re-bid the project with revisions to the specifications.

Discussion/Action: Public Works Director Katy Allen requested all bids for this project be rejected and Staff authorized to re-advertise the project using a stick frame construction for the restroom, and stated there were numerous modular restroom projects that have not been completed satisfactorily and Staff would like to correct that problem and move the project forward by re-bidding it as a stick frame building. Council Member Williams asked how long would the Phase IV and V park project be delayed and if the bid would include the play areas, and Public Works Director Katy Allen stated Staff would expect to award the contract in the next 2-3 months, and only the restrooms would be impacted by rebidding the project. Scott McGilvray, President of Jensen Corporation, stated his firm is the apparent low bidder of the project and their bid was substantially under the engineer's estimate and would like to proceed with the project, and stated they could build the restroom in stick frame fashion rather than pre-manufactured, without delaying the project. Responding to Mayor Gonzales' question as to whether the contractor was asking to change their bid, City Attorney Doyle stated the low bid is based upon a prefabricated bathroom, and to now say a stick frame can be done is altering that bid. He stated if the City re-bids the project as a stick frame, Jensen can submit a bid at that point. Mayor Gonzales reiterated that by law the Council cannot change the bidding process by accepting bids in public based on an oral presentation. Upon motion by Council Member Williams, seconded by Council Member Reed, and unanimously carried, the Staff recommendation to reject all bids for the Edenvale Garden Park Phases IV & V project and authorize the Director of Public Works to re-advertise and re-bid the project with revisions to the specifications was approved. Vote: 11-0-0-0

2.9 Approval for Council Member Cindy Chavez to attend the American Public Transportation Association Conference in Washington, D.C., from March 8-13, 2003. Source of Funds: Valley Transportation Authority. (Chavez)

Documents Filed: Memorandum from Council Member Chavez dated February 26, 2003, requesting approval for travel to Washington, D.C.

Discussion/Action: Request for travel from Council Member Chavez to attend the American Public Transportation Association Conference in Washington, D.C., from March 8-13, 2003 was approved. Vote: 11-0-0-0

2.10 Approval for Council Member Forrest Williams to attend the American Public Transportation Association Conference in Washington, D.C., from March 8-13, 2003. Source of Funds: Valley Transportation Authority. (Williams)

(Orders of the Day)

Documents Filed: Memorandum from Council Member Williams dated February 27, 2o003, requesting approval for travel to Washington, D.C.

Discussion/Action: Request for travel from Council Member Williams to attend the American Public Transportation Association Conference in Washington, D.C., from March 8-13, 2003 was approved. Vote: 11-0-0-0

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee - February 19, 2003

Vice Mayor Dando, Chair

Documents Filed: The Rules Committee Report dated February 19, 2003.

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

(b) City Council

(1) Review March 4, 2003 Draft Agenda

The Committee recommended approval of the March 4, 2003 City Council agenda with two additions and one change.

(2) Add New Items to February 25, 2003 Amended Agenda

The Committee recommended two additions to the February 25, 2003 City Council Agenda.

(3) Staff Reports Outstanding. Attachment: Report from City Manager dated February 18, 2003 listing one report outstanding for the February 25, 20i03 Council agenda.

The Committee noted and filed the City Manager’s report listing one staff report outstanding for the February 25, 2003 Council Agenda.

Status report on Legislative and Intergovernmental Relations Plan. Attachment: Information memorandum from City Manager Del Borgsdorf dated January 15, 2003 providing a status report on Staff’s efforts to develop and implement Council directives to develop a State and Federal Legislative and Intergovernmental Relations Plan that is more proactive.

The Committee accepted the City Manager’s PowerPoint presentation.

(1) State

(a) Acceptance of staff report on Assembly Bill 4X1 and Assembly Bill 193 and the February 5 State legislative matrix. Attachment: Memorandum from Betsy Shotwell, Director of Intergovernmental Relations, dated February 5, 2003 recommending acceptance of the status report on City supported/initiated State legislation.

The Committee recommended acceptance of the status report on City supported/initiated State Legislation.

(2) Federal

(a) President’s FY 2004 budget proposal – overview of impacts on local government funding, and program priorities. Attachment: Memorandum from Betsy Shotwell, Director of Intergovernmental Relations, dated February 6, 2003 recommending acceptance of the attached overview of the President’s FY 2004 budget proposal from the City’s Federal lobbyist in Washington, D.C.

The Committee recommended acceptance of the overview of the President’s FY 2004 budget proposal from the City’s Federal lobbyist in Washington, D.C.

(d) Meeting Schedules

(1) Approve cancellation of March 4, 2003 evening Council meeting. Attachment: Memorandum from Deanna Santana, Assistant to the City Manager, dated February 19, 2003 recommending cancellation of the March 4, 2003 evening Council session.

The Committee recommended cancellation of the March 4, 2003 evening Council session and continuation of all items, except Item 11.5 to the March 18, 2003 City Council evening session. The Committee directed the City Clerk to place Item 11.5 on next week’s Rules Committee agenda to determine the date of hearing.

(2) Call for Special Meeting.

The Committee recommended approval of a Special Council Meeting on Friday, February 21, 2003 at 2:00 p.m. in Room 106 at City Hall in conjunction with the Silicon Valley Manufacturing Group to hear presentations on “Anatomy of San Jose and Silicon Valley”, and directed the City Clerk to post notice of the meeting by 2:00 p.m. on Thursday, February 20, 2003.

(e) The Public Record. Attachment: Memorandum from City Clerk Patricia O’Hearn dated February 13, 2003 listing items on the Public Record for the period February 5-11, 2003.

The Committee noted and filed the Public Record.

(f) Boards, Commissions and Committees

(1) Mobile Home Advisory Commission

The Committee deferred this item to next week’s Rules Committee Meeting

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

(1) Request to make certain amendments to the Downtown Sign Zone. Attachment: Memorandum from Council Member Chavez dated February 14, 2003 recommending certain amendments to the Downtown Sign Zone.

The Committee directed the City Attorney to return to Council as soon as possible with a draft ordinance to amend the Sign Ordinance to expand the area covered by the Downtown Sign Zone to include the Civic Center Redevelopment area.

(h) Administrative Reviews and Approval - There were none.

(i) Oral communications

Peter Campbell, resident from District 1, stated he has not yet received a reply from the City regarding his written request to place an item regarding Measure I on a future Council agenda. Mr. Campbell informed the Committee he would place copies in the lobby of his comments regarding the new City Hall.

(j) Adjournment - The meeting adjourned at 2:50 p.m.

Discussion/Action: Council Member Reed asked, since there was no written Staff report on the Legislative Update item, if Staff plans to include in website postings the issues raised by Council on the more mundane issues and Assistant City Manager Mark Linder stated Staff can post and track the mundane matters as well, that the Council Referral Log is posted now, and Council can check the Intranet under Council Relations for current postings to determine what might be adjusted. Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Rules Committee report and actions of February 19, 2003, were accepted with Item 3.2(f)(1) deferred to the Rules Committee Meeting of February 26, 2003 and on Item 3.2 (c)(2)(a) with Staff directed to track the “more mundane” matters Council refers on the Intranet and notify Council of updates. Vote: 11-0-0-0

3.3 Report of the Making Government Work Better Committee – February 19, 2003

Council Member Campos, Chair

Documents Filed: The Making Government Work Better Committee Report of February 19, 2003.

(a) Report on Park Ranger Staffing

The Committee deferred the report to March 12, 2003.

(b) Fire Paramedics Staffing and Costs. Attachment: Memorandum from Acting Fire Chief Dale E. Foster, dated February 14, 2003 transmitting said report.

The Committee accepted the staff report and directed staff to bring back additional information to the Committee at a future meeting.

No Committee action taken. This item was for discussion only.

(d) E-Government Policy. Attachment: Memorandum from City Manager Del Borgsdorf and City Attorney Richard Doyle, dated February 10, 2003, transmitting said report.

The Committee accepted the staff report for forwarding to the Council; staff will prepare an informational memorandum to respond to the issues raised by Council Member LeZotte.

Discussion/Action: See Item 3.4 for Council action taken.

(e) Survey of Citywide Real Property Inventory. Attachment: Office of the City Auditor Report entitled, “A Survey of Citywide Real Property Inventory” dated December 2002.

The Committee accepted the Staff report and directed staff to prepare an information memo indicating which properties (excluding airport and non-profit leases) were being leased at Marked Rate.

(f) An Audit of the West Valley-Mission Community College District and the Santa Clara County Black Chamber of Commerce. Attachment: Office of the City Auditor Report entitled, “An Audit of the West Valley-Mission Community College District and the Santa Clara County Black Chamber of Commerce Regarding the Grant Agreement to Carry Out the Technology Education Career Hub (Tech Q-III) Project in 2000-01 and 2001-02 Pursuant to the Healthy Neighborhood Venture Fund”, dated January 2003.

The Committee accepted the staff report.

(g) Targeted Neighborhood Clean-Up Program Audit Report. Attachment: Office of the City Auditor Report entitled, “An Audit of the Targeted Neighborhood Clean-Up Program” dated January 2003.

The Committee accepted the Staff report and directed staff to prepare an information memo indicating whether or not hazardous waste drop-off sites could be made available without appointments. The Committee also requested that an update regarding number of bins per clean up and efforts to achieve program equity throughout the City be brought back as part of the Auditor’s Semi-Annual Recommendation Follow-up Report.

(h) General Services Vehicle Replacement Audit Report. Attachment: Office of the City Auditor Report entitled, An audit of the Fleet Management Division of the General Services Department’s Vehicle Replacement Program dated February 2003.

The Committee accepted the Staff report and requested that issues discussed as part of the Auditor’s report on General Services Vehicle Replacement be brought back to the Committee as part of the Auditor’s Semi-Annual Recommendation Follow-up Report.

(i) An Audit of Hayes Renaissance, L.P.’s Compliance with the Lease Agreement for the Hayes Mansion Conference Center. Attachment: Office of the City Auditor Report entitled, An Audit of Hayes Renaissance, L.P.’s Compliance with the Lease Agreement for the Hayes Mansion Conference Center, dated December 2002.

The Committee accepted the Staff report.

(j) Oral Petitions - None.

(k) Adjournment - The Committee was adjourned at 12:55 p.m.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Making Government Work Better Committee report and actions of February 19, 2003 were accepted. Vote 11-0-0-0

3.4 Adoption of a resolution establishing an E-Government Policy.

[Making Government Work Better Committee referral 2/19/03 – Item 3.3(d)]

Documents Filed: (1) Memorandum from Assistant to the City Manager Deanna Santana, dated February 27, 2003, transmitting the Staff report dated February 10, 2003 presented to the Making Government Work Better Committee on February 19, 2003, and noting the Committee accepted the Staff report for forwarding to Council. (2) Supplemental memorandum from City Attorney Richard Doyle, dated February 27, 2003, recommending adoption of a resolution establishing an E-Government Policy.

Discussion/Action: Council Member LeZotte thanked the City Attorney's office for the supplemental memorandum which addressed the issues she raised regarding privacy and installing a fire wall to protect the information on the City’s database and for adding the language about the injunctive relief. She suggested adding a monetary fine as a preventative measure to privacy violations occurring. City Attorney Richard Doyle stated monetary damages in and of themselves are not adequate, however, the language proposed would not preclude the City from seeking monetary damages. Senior Deputy City Attorney Brian Doyle stated Staff could review the idea of these being public records that should not be disclosed and do legal research on whether there is some kind of civil or criminal penalty that could be imposed based on State law to possibly impose monetary penalties as opposed to damages. Council Member LeZotte stated her intent would be to stop violations before they occur as opposed to seeking the injunction afterwards, but obviously the City should have the ability for both. Upon motion by Council Member LeZotte, seconded by Chavez, and unanimously carried, the Staff recommendation was approved, and Resolution No. 71428, entitled: “A Resolution of the Council of the City of San José Establishing an E-Government Policy”, was adopted, and Staff was directed to review feasibility of adding monetary damages for infractions was adopted. Vote: 11-0-0-0

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.3 PUBLIC HEARING and adoption of a resolution vacating a portion of the east side of Eighth Street, between Hedding and Mission Streets. CEQA: Negative Declaration, PDC 97-08-056. Council District 3. SNI: NA. (Public Works)

Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated February 10, 2003, recommending approval of public hearing and adoption of said resolution. (2) Proof of Publication of Notice of Public Hearing of title of Resolution No. 71409 setting said public hearing, executed on February 26, 2003, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and unanimously carried, a Resolution No. 71429, entitled: “A Resolution of the Council of the City of San José Vacating a Portion of the East Side of Eighth Street Between Hedding and Mission Streets”, was adopted. Vote: 11-0-0-0

RECREATION & CULTURAL SERVICES

5.2 Adoption of a resolution amending the 2002-03 Schedule of Fees and Charges Resolution for Parks and Recreational Facilities to re-establish the fee for baseball field reservations to the 2001-2002 level, superseding Resolution No. 71037 and authorizing the Director of PRNS to refund any fees for the upcoming season paid at the higher rate. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated February 10, 2003, recommending adoption of said resolution amending the 2002-03 Schedule of Fees and Charges Resolution for Parks and Recreation facilities.

Discussion/Action: Council Member Williams moved approval of Staff recommendation. Vice Mayor Dando seconded the motion. William Garbett spoke on this item. Council Member Reed stated the memorandum deals only with baseball fields and asked is there is a similar problem with soccer fields. Parks, Recreation and Neighborhoods Services Director Sara L. Hensley stated there may have been a similar problem, Staff is trying to correct this situation and review the fee structure to re-evaluate what is available for use in a formal and informal manner, and come back to Council through the budget process with a specific plan for fees and charges following community meetings with the different stakeholder groups. Director Hensley stated from a holistic point of view Staff will review all fee structures, i.e., considering what partners like Little League and other groups providing a good service to the community are charged in comparison to a group using the field for activities that generate revenue for their purpose.

Responding to Council Member Chavez’ question, she stated she expects the recommendations will go before the Parks and Recreation Commission first for their feedback, and that Staff will hold community meetings and notify users of the fields about the Commission meetings before making recommendations. Council Member Reed stated when this issue comes back it is important to understand how to accomplish cost recovery. Council Member Cortese added that if Staff brings back the issue of increasing fees permanently at the ballparks, those discussions should include what needs to be done to bring the fields up to par in terms of condition. As an amateur athlete, he stated has visited fields all over California and unfortunately, San Jose has a reputation especially for softball and baseball fields as being absolutely at the bottom in terms of quality and few major tournaments seek San Jose anymore as a place to book tournaments. He stated people are willing to pay for quality, and while groups like Little League cannot absorb extra costs and neither can the City at this time, the notion of bringing our fields up to a higher standard should be part of any plan. Director Hensley agreed, stating that has to do with the actual worth of the fields, what can be done to improve their condition to the point of bringing in tournaments, and how well fees relate to their quality, and suggested considering long term capital reserve funds for field maintenance. Upon motion by Council Member Gregory, seconded by Council Member Chavez, and unanimously carried, Resolution No. 71430, entitled: "A Resolution of the Council of the City of San José Setting the Schedule of Fees for the use of Parks and Recreational Facilities and Repealing Resolution No. 71037", was adopted, with direction to Staff to report back as part of the budget process on the issues of cost recovery and improving the condition and maintenance of playing fields. Vote: 11-0-0-0

5.3 Approval of a master agreement with Carducci & Associates, Inc. for design services and construction support services for the Parks Bond Almaden Lake Park Project in the amount of $400,000, from the date of execution through June 30, 2005. CEQA: Not a Project. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated February 10, 2003, recommending approval of said Master Agreement with Carducci & Associates, Inc. for the Parks Bonds Almaden Lake Park Project.

Discussion/Action: Vice Mayor Dando stated Staff has worked with her the last several weeks on refining the Almaden Lake Park program and the first meeting last week had inquiries about adding senior elements to parks, Bocce ball was a huge success with the community and she expects more requests from other parks and as the population is aging, the challenge will be to provide activities in the local parks. Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the master agreement with Carducci & Associates, Inc. for the Parks Bond Almaden Lake Park Project was approved and its execution authorized. Vote: 11-0-0-0

TRANSPORTATION SERVICES

6.2 Adoption of a resolution to amend the Master Parking Rate Schedule to create an event rate scale for parking fees charged to patrons of the Banquet Center at the new Fourth Street Garage. CEQA: Not a Project. Council District 3. (Transportation/Conventions, Arts and Entertainment)

Documents Filed: None.

Discussion/Action: This item was deferred to March 11, 2003.

ENVIRONMENTAL & UTILITY SERVICES

7.1 Report on bids and award of contract for the Senter Road Underground Utility District (Balfour Drive to Loumena Lane) Project to the low bidder, Lewis and Tibbitts, Inc., in the amount of $598,338, and approval of a contingency in the amount of $59,800. CEQA: Exempt, PP97-11-235. Council District 7. SNI: Senter/Tully. (Public Works)

Documents Filed: Memoranda from Director of Public Works Katy Allen, dated February 10 and 25, 2003, recommending award of said contract, with related contingency, to the low bidder, Lewis and Tibbitts, Inc.

Discussion/Action: Upon motion by Council Member Gregory, seconded by Council Member Chavez, unanimously carried, and award of said contract, with related contingency to the low bidder, Lewis and Tibbitts, Inc., was approved and its execution authorized. Vote: 11-0-0-0

7.2 Direction to staff to expedite all actions necessary to return to Council as quickly as possible with recommendations for an increase in service rates for the Recycle Plus Program. CEQA: Not a Project. (Environmental Services)

(Rules Committee referral 2/26/03)

Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated February 25, 2003, recommending direction to staff to expedite all actions necessary to return to Council as quickly as possible with recommendations for an increase in service rates for the Recycle Plus Program.

Discussion/Action: Council Member LeZotte stated she is aware this issue is coming back to Council with recommendations for rate resolutions at the end of the fiscal year and there are several things she wants included in the report, i.e., pertaining to Integrated Waste Management (IWM), she requested Staff provide the balance prior to the new haulers beginning service relative to the issue of waste generation declining, resulting in lower than anticipated solid waste revenues. She asked the appropriateness of transferring additional costs that may have not been identified during last year's rate analysis from the General Fund as an issue to be included in Staff’s report to Council. Environmental Services Director Mosher stated that information and the options related to cost recovery as directed by Council in December 2002 will come back with recommendations as part of the FY 2003-04 budget process. Council Member LeZotte expressed an interest in knowing what the economy has done to Staff’s projections to ensure that there is some relationship between the fee increases Staff is recommending and Council wanting to be cost recovery, and she wanted to be clear that it has to do with waste generation declining and affecting the fees and not some other reason. Council Member Reed asked if Staff will be reviewing street sweeping, which regularly generates complaints and asked if the City is getting what it is paying for, and is there an opportunity to go back to once a month street sweeping or are twice monthly sweepings really needed, and questioned how the tonnage picked up compares with once monthly sweepings. He raised the problem of the continuation of high levels of contamination of recycled materials, and stressed the need to address that issue to save money and possibly affect the need for rate increases.

Council Member Williams stated expectations for street sweepings are very high and have not been met because cars are the biggest impediment to the City’s ability to provide clean streets, stressed the need to find a way to clean with cars in place, stated there appears to be new technology on the horizon, and questioned how the City might provide motivation for such technology coming forward. He stated two sweepings per month are not achieving the expected results and suggested reducing to one per month. Director Mosher stated Staff is reviewing the appropriate number of street sweepings, whether to reduce to one sweep a month and increase enforcement to make a one-sweep as effective as possible rather than two not so good sweeps. Vice Mayor Dando stated there are some areas of the City that probably want and need two sweepings, and would be disappointed if the City were to drop one, and suggested customizing service to those that need two sweepings and enforce those two very strongly as well as those parts of the City that have one street sweeping. She stated her belief that the communities would like an additional clean-up day, and noted that in discussions about negotiating the contract, most of Council did not want two street sweepings but did want more neighborhood cleanups, and suggested Staff review the quality of what is being paid for relative to what is needed, and how to customize the service to customers in different geographic areas. Council Member Chirco stated, when Staff comes back with recommendations on rate increases, she would be interested in knowing what percentage of the City uses street pickup for yard debris versus those that have container yard debris pickup to see how one part of the city is subsidizing the other part. Director Mosher stated Staff has information related to the percentage of residents who have carts, does not have information related to the distribution of carts by district, but has a Citywide distribution percentage, which Staff will provide to Council.

Council Member Chavez asked if the City has the ability to open contracts with refuse haulers pertaining to the discussions coming back about revenue changes, and asked if Council’s desires regarding street sweeping and extra cleanups can be incorporated. Director Mosher stated the City does not have the ability to open the contracts, that the extra cleanups would be funded from the General Fund and the bins provided by the haulers, so there is an ability to enhance the program if a revenue source can be found and, as discussed, there may be some options related to reduced costs in some area that might be applied to enhanced services in another area and Staff can review that idea. Director Mosher stated the City has the option with the contract now to reduce the street sweep from two sweeps to one, by providing the contractor with six months notice, and other issues depending on the funding source, would require amending the contract. Council Member Chavez stated the last thing she wants to see is less street sweeping in the downtown, that she does not know the options between one great sweep and two not so great sweeps, that either the contractors are fulfilling their obligation and have the capacity to do the work or they do not, and while there has been talk about strategies for helping people move their cars, pilot programs, etc., it might be helpful given the level of interest in street sweeping to better understand those strategies and how the City is holding those who are supposed to do the work accountable.

Council Member Campos stated she is under the impression that Staff has done pilot programs with street sweeping to encourage people to move their cars and Director Mosher stated the Department of Transportation has worked in some areas with pilot programs to have cars be parked on one side of the street during one sweep and the other side of the street the next week, and two pieces to the enforcement puzzle are the enforcement of parking regulations and the gentle enforcement done by encouraging neighborhoods to move their cars and when there is a strong neighborhood association that works pretty well, and the second part is the enforcement of the contractor themselves to actually sweep the street when they are supposed to do so. Council Member Campos requested Staff provide information on those pilot programs. William Garbett spoke on the item. Upon motion by Council Member Campos, seconded by Council Member Chavez, and unanimously carried, the Staff recommendation dated

February 25, 2003, directing Staff to expedite all actions necessary to increase service rates for the Recycle Plus Program as quickly as possible, was approved, with Staff directed to report back on the following issues: (1) IWM fund balances prior to current haulers by percentage or dollar amount, and the impact of declining waste generation to revenues and cost recovery goals; (2) analyze frequency of street sweepings, with options of customized service and/or clean-up days and explore methods of cleaning around cars, provide data from the street sweeping pilot program and enforcement strategies, review the adequacy of customer services versus costs, and address the high level of contamination of recycled materials; (3) provide breakdown by Council District of customers using street pickup versus containers for yard waste. Vote: 11-0-0-0

JOINT COUNCIL/REDEVELOPMENT AGENCY

The Redevelopment Agency Board convened at 3:31 p.m. to consider item 10.1 in a Joint Session.

10.1 Acceptance of the quarterly report on the Citywide Capital Improvement Program (CIP) including park, library and public safety bond projects and Strong Neighborhoods Initiative (SNI) projects. CEQA: Not a Project. (City Manager’s Office/Redevelopment Agency)

Documents Filed: Memorandum from City Manager Del Borgsdorf Redevelopment Agency Executive Director Susan F. Shick, dated February 19, 2003, transmitting Quarterly Status Report of CIP including park, library, and public safety bond projects and Strong Neighborhoods Initiative projects.

Discussion/Action: Mayor Gonzales introduced Terry Roberts, Deputy City Manager for Capital Projects to give the Staff presentation on PowerPoint slides of the Capital Improvement Program (CIP), and Deputy Roberts presented the Citywide CIP status report and joined by Deputy City Manager for Neighborhoods Jim Holgersson presented Strong Neighborhoods Initiative (SNI) Projects, stated the prototype for this report was the Measure O & P Library and Park Bond quarterly report, later revised to include all CIP projects and first submitted to Council in November 2002. He stated Staff will monitor overall CIP delivery in a collaborative effort with the Redevelopment Agency, the report is on the website, with significant improvements made in the database, and projects will be tracked in City Service Area (CSA) delivery teams, targeted to meet their goal within a given time period. He stated 150 projects have completed within the 5-year CIP Program and to keep up the momentum, Staff will have a recommendation this month on the disposition of current General Fund projects, followed by review of all capital projects as to impacts from General Fund operations and maintenance costs to come to Council with the CIP review in May. Recognizing that most Agency SNI funded projects are on temporary hold, he stated Staff is moving as far as possible on all SNI projects, and will report to Council in late March 2003 with other strategies that might keep those projects moving. While some projects are under review, he stated most are moving forward and this report focuses on those projects, that Staff is giving Council Members monthly reports on projects within their district. Highlighting total projects of 865 and $3.5 billion, with 594 of 703 managed projects active this year, 633 active by June 2004 and 466 completed by June 2004, he stated Staff will try to move as many projects that are not General Fund sensitive and do everything possible to get projects out to bid. Of 594 projects active this year, he stated 491 are either on schedule or completed, 52 extended and 11 to finish this month, and updated awards of voter-approved Park and Library Bond Projects, totaling 119, 98 underway, 55 to complete this fiscal year, 79 next fiscal year and 90 by June 2005, for approximately 90 percent of projects to be complete at 50 percent of the way through the 10 year bond program. Pertaining to Public Safety Bond Projects totaling 100, 54 Agency funded projects on temporary hold and 46 General-Fund projects being evaluated, 20 of which need critical discussion, he stated Staff will report to Council at month’s end, with further consideration in late March, and major database improvements in project tracking and delivery systems to expedite projects and establish performance measures Citywide for the CIP will show up the recommended 5-Year CIP that comes to Council. Addressing project standardization, in order to not spend extra money to reproduce designs repeatedly, he stated Staff pre-qualifies a small number of consultants to work with common elements and materials on projects that are standardized, and prototypes have been developed on certain kinds of buildings.

Deputy City Manager Jim Holgersson reported on the SNI portion of the Staff report, stated the SNI was expected to be a long-term commitment, however, the economic downturn was not anticipated, and Staff’s approach is to readjust strategies and move forward with the Strong Neighborhoods effort. Because a central area of the community had been under-invested over the last thirty years, there was a need to reinvigorate central core neighborhoods and the decision was made to expand the Redevelopment Agency into the neighborhoods to provide a catalyst for reinvestment. He stated in the near future, these budget issues will resolve themselves and the program can move forward and Staff will continue to work with the neighborhoods on implementing the top 10 priorities. He stated a number of projects will move forward, that design and in some cases construction is in process, especially in neighborhoods that were part of the Neighborhood Revitalization process. He stated Staff will emphasize the need for alternative resources, and on March 25, 2003, will bring forward proposed resource allocations of Agency funding and other funding sources for the remainder of the 17 neighborhoods that have approved plans at this time. In addition to the 17 neighborhood plans completed and approved, he stated there are three neighborhoods awaiting Council consideration of the planning process, with an emphasis on building neighborhood capacity, by enhancing the Neighborhood Advisory Committees (NACs) to develop leadership and volunteers and draft work plans for developing neighborhood action plans to focus existing resources on strengthening neighborhoods and identifying needs, and to customize City services to the neighborhoods by “changing the way we do business”, and report to Council within several months, and later in the month the Strong Neighborhoods Business Plan will come forward. He stated every project now has a manager and Staff will continue to train project managers, and will complete integration of the tracking system presented today to drive forward the Strong Neighborhoods Program.

Mayor Gonzales thanked Staff for the excellent report and format showing project timelines and the SNI map, and showing whether projects are on schedule, with information on the internet and illustrating the breadth of the City’s CIP program and how an incredible $3 billion dollars is being invested in the City and the neighborhoods. Council Member Campos referred to the Capitol Park Neighborhood Center of the CIP Quarterly Status report, stating the schedule is pending and asked if new information on the timeline was available, relative to the Community Development Block Grant (CDBG) funds involved, and Assistant Director Parks, Recreation & Neighborhood Services Albert Balasgo, stated a refined estimate is expected at the end of the week and he would contact her office with that information. Vice Mayor Dando referenced reprioritizations mentioned on the first page of the report which are coming to Council by the end of March and asked what criteria will Staff use and what input will Council have on that decision prior to the report. Deputy Roberts stated there are 46 General Funds projects being reviewed and in process, that criteria included leveraging other money with General Fund monies, how much General Fund money is in a project and are we too far into the process to turn back and the Staff recommendation will include the criteria and how the recommendation was evaluated. Vice Mayor Dando asked if Staff is reviewing whether there is private funding or public money from grants or State or federal money that might be on a timeline, and which if not used could be lost and as criteria is developed, if Staff will have opportunity for review and input. City Manager Del Borgdorf stated the criteria reflects what Staff has heard from Council Members in terms of what approach to use and that analysis will come back to Council for response as early as possible.

Vice Mayor Dando referenced bond measure projects such as Council’s approval today of a consultant for the Almaden Lake Park which is a regional Citywide park where there was a Master Plan established 25-30 years ago and it is now being refined and asked if there is room in that Master Plan to make changes, especially under the category of recreational elements, without going through a full Master Plan process to make those changes, because there are different needs now than when the Master Plan was approved 30 years ago. Julie Marks, Parks, Recreation & Neighborhood Services, stated during preliminary discussions with Planning, Staff was assured that revising the Master Plan to include the senior serving recreational elements will not have to go through a full amendment process. Vice Mayor Dando stated there are likely to be other situations where Master Plans that were developed 20 or 30 years ago need to revised to accommodate different community needs and stressed the savings potential from not having to completely redo Master Plans.

Concerning the public safety area and in particular Fire Facilities, Vice Mayor Dando asked what the criteria is for selecting sites and Deputy City Manager Holgersson stated he is working with Acting Chief Dale Foster as part of the training facility effort, with a fall target date for making a decision on sites and Staff’s recommendation will be linked to the Master Plan to ensure operational and training benefits. He stated the sites listed are options and Staff is also considering the possibility of a decentralized approach, which is addressed in the Master Plan but the recommendations will come to Council by year’s end. Vice Mayor Dando stressed the important nature of these decisions and asked if there would be work sessions where Council can explore questions in more detail or will it be a Staff report. Deputy City Manager Holgersson stated Staff wants the training program to drive the best location for the facilities and/or the configuration of facilities, so the Chief will revaluate the Master Plan and form the basis for the Staff recommendation, with a focus on training. Vice Mayor Dando commented that this is another Master Plan created 20 years ago and will Council have input into any changes needed to the Master Plan and recommended a work session on that issue. City Manager Borgsdorf stated the City has several major facilities, one being a major police facility in the Public Safety Program and this is one of the major fire facilities and Staff will come back to Council for a work-in-progress status report and recommendation for Council review and comments. Vice Mayor Dando followed up on the Mayor’s comments about standardizing wherever possible and supported using some of the same consultants on projects so they become familiar with the City’s expectations and asked if there were enough available. Vice Mayor Dando asked when Staff reports to Council in March with mid-year funding proposals, how will those projects be determined. Redevelopment Agency Executive Director Shick stated the plan is simply a mid-year adjustment to include all projects identified in plans that have been adopted since the budget was in place, and because they are in the budget, they will be scheduled, but funding commitments perceived as contractual commitments will not be made until budget resolutions at the State are made.

Council Member Yeager expressed concerns as Chair of Community Development Block Grant Committee (CDBG) about Council not knowing the status of projects, which may be with other agencies having financial problems that had not been considered when CDBG approved their funding. He stated the intent of the CDBG Committee is to try to divert funds from those that are not going to be moving right away to other projects that are ready to go and asked if Staff is considering those projects in order to make recommendation to Council. Director of Parks, Recreation and Neighborhoods Services Hensley stated Staff is using a comprehensive approach to review those mechanisms, including CDBG, Healthy Neighborhood Venture Fund (HNVF), capital, grant and other funds, to maximize use of those dollars to projects which are ready to be moved forward but need some funding or which are on the verge of moving forward. Council Member Yaeger suggested Staff review that issue and noted because of federal guidelines there is a tight schedule and it may be possible to reallocate funds to projects ready to go and now would be the time to make those decisions.

Council Member Gregory asked how Staff is addressing the pent up frustration at the Neighborhood Action Committee (NAC) and Project Area Committees (PACs), and Deputy Holgersson agreed that frustration at the PAC level is a challenge and Staff’s approach has been to communicate the current budgetary status to the neighborhoods and Staff is re-emphasizing service delivery capabilities to neighborhood priorities and work plan efforts will help define further actions for revitalizing NACs themselves. Council Member Gregory asked if information such as budget and schedule status could be put on the Citywide database for Council to use between reports and suggested adding Council Districts to project information and Deputy Roberts stated Staff will work on adding budget information to the database. Council Member Williams asked if the Edenvale South Library project 2005 target date is on schedule and how can Staff make determinations that far out. Deputy Roberts responded as of now, it is on schedule, the schedule was set when the bonds were approved, whether the project could be moved into construction without having unreasonable General Fund operation and maintenance funding impacts and if not, the timeline would be based on balancing the budget. Mayor Gonzales reiterated that if there is General Fund involvement and there are operation and maintenance costs that cannot be met, those projects may have to be reprioritized. Deputy Holgersson pointed out that the Manager’s Budget Request and Forecast which gives a 5-year preview of operating and maintenance projects would be released the next day, and noted that as the operating budget problems either are resolved or not they may precipitate Staff coming back to Council to request to defer a project.

Council Member Cortese stated when the budget issues come back March 25, 2003 he wants to know original land acquisition assumptions for these projects and where they stand now in quantifiable terms and relative to leverage, and would include such as local benefit assessment districts, developer fees and the like, asked of projects that might be put on hold, can they be modified, for instance, if a large contribution emerges that would change the financial complexion of that decision. He stated there might be opportunities in his district to create additional leverage and that might be an incentive for this Council and their individual districts to try to find new revenue sources. He expressed concern about not having provisions to take advantage of those opportunities later as they come along and stated that needs to be part of near term decision-making and wanted to ensure this issue receives consideration from Staff for discussion March 25, 2003.

Council Member LeZotte asked about having a Study Session for the budget deliberations and Mayor Gonzales stated the intent was to have the discussion at a Council meeting with the agenda streamlined to make this issue the major item and since March 25, 2003 is the date the Mayor’s March Budget Message is released, he suggested Council ask the Rules Committee to put only those two items on the agenda. Council Member LeZotte stated with regard to the standardizing question that was brought up, that she wanted to ensure the Green Building Policy is part of the standardization and Deputy Roberts assured her it is part of the design policy and there is a team to implement it. Council Member LeZotte asked for clarification with regard to the Legislative Task Force is going to Sacramento to inform State legislators the importance of Redevelopment projects. Assistant City Manager Linder stated the City has two Legislative Task Forces, one at the Staff level is a combination of Redevelopment Agency and City Staff working directly with the City’s Sacramento office on three key issues, i.e., protecting City General Funds, protecting the ability of the Redevelopment Agency to finance projects, and protecting key transportation projects, particularly BART and Coleman/880 Interchange funding. He stated that in process at the Staff level is a coalition of various interests throughout the City, from neighborhood leaders to business leaders, to developers, to housing advocates, and a steering committee of these leaders is being put together to shape strategy recommendations to bring to Council as it relates to what to do both in Sacramento and here and how to involve neighborhood leaders, focusing on the specific question of the PAC and the SNI and Staff will invite the Chair of the PAC to be part of the task force. City Attorney Richard Doyle stated with respect to the first task force that Assistant City Manager Linder mentioned, there is not a problem using City resources, but there may be limitations on how much public resources can be used to lobby and his office is working with Staff on that issue. Council Member LeZotte stated that at the West Valley Mayors and Managers meeting was mentioned that in it was addition to politicians going to Sacramento, if people from the neighborhoods understood that the SNI's and affordable housing would be eliminated, it would be good to have people that are going to be affected become involved and she wanted to make sure that connection is being made. She asked about locations for the Westside Police Center and why indicates the purchase of the building will not take place until April 2004. Chief of Police William Lansdowne stated it has been frustrating trying to find land that meets the needs of the City, that after much effort, the Project did not work out because the landowners were not to sell that particular piece of land. He stated Staff is very actively looking for a Westside location and has two sites under consideration and Council will be kept apprised of progress.

Council Member Chavez stated, pertaining to the Legislative Task Force, that if there is some reason it is inappropriate for the City to take a more active role in getting the community involved in legislative leadership, it would be helpful to know that as soon as possible so that venues for getting the community involved can be found, and City Attorney Doyle stated he would resolve the issue within the week, but suggested a very simplistic way to look at the issue is that it is one thing to go to meetings and provide information and another thing to pay for buses and fuel and to drive people to Sacramento. Council Member Chavez stated if it came back on the side of being inappropriate, she would want to understand better Council’s role in organizations like APTA and Metropolitan Transportation Committee (MTC) and the League of Cities because the investment there goes partly for information and is for the purpose of advocacy. City Attorney Doyle stated the Council has a role to play and can use City Resources to express positions, but there is case law that limits Council’s ability to go out into the community and generate that same amount of activity. Council Member Chavez thanked the community for their involvement and urged everyone to keep up the good work and to stay involved and not to walk away from this process. Ross Signarino spoke on the item.

Upon motion by Council Member Chavez, seconded by Council Member Reed, and unanimously carried, the Citywide Capital Improvement Program (CIP) Quarterly Status Report dated February 19, 2003, was accepted, with direction to Staff to keep Districts 1 and 6 advised of sites under consideration for the Westside Police Center; to update database maps with project budget status; review accuracy of KONA SNI boundaries; and to report to Council with a timeline of the Capitol Park Neighborhood Center project; status of public safety facility sites; strategy to reallocate CDBG funds from on-hold projects to eligible projects; and to provide comparison of original land acquisition assumptions for projects versus current assumptions, criteria for reprioritizing projects when leveraged funding becomes available; the City Attorney directed to report in one week with limitations on City Council involvement in Legislative Task Force activities; and the Rules Committee directed to clear the March 25, 2003 City Council agenda for discussion of the Mayor's March Budget Message and to continue the CIP Budget as priorities. Vote 11-0-0-0

The Redevelopment Agency Board portion of the meeting adjourned at 3:56 p.m.

open forum

Ross Signorino spoke concerning societal issues. William J. Garbett spoke about legislative procedures. Gregory Nichols spoke concerning parking regulations.

Adjournment

The Council of the City of San José adjourned in memory of Joseph Franco of PW Markets; and in memory of Betty Breen mother of Lisa Breen Strickland, Executive Director of the Network for Battered Women.

The Council of the City of San José adjourned at 4:00 p.m.

recess/reconvene

Following Open Forum, the City Council recessed at 4:00 p.m. to a Joint City Council/Redevelopment Agency meeting and the regularly scheduled 7:00 p.m. Public Hearings were cancelled, and the below listed actions taken as indicated.

PUBLIC HEARINGS

11.1 PUBLIC HEARING ON STREET RENAMING for the streets within Tract 9349, from College Park Drive, Way, and Place to Ryland Park Drive, Way, and Place, located between N. Market Street and N. First Street, approximately 300 feet northerly of Bassett Street. (Pulte Home Corporation, Applicant). CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

ST 03-001 - District 3

Documents Filed: None.

Discussion/Action: This item was continued to March 18, 2003.

11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of N. First and E. Julian Streets, from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow up to 40 single-family attached dwelling units on 0.60 gross acre. (City of San José Redevelopment Agency, Owner/Regis Homes of Northern California, Developer). CEQA: Resolution No. 68839. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 02-077 - District 3

(Continued from 12/17/02 – Item 11.10 and 2/4/03 – Item 11.1)

Documents Filed: None.