CSJ Council Minutes Meeting Agenda, March 11, 2003

MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, MARCH 11, 2003

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

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

Absent: Council Members - Chavez, Dando, Williams. (Excused)

Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:32 a.m. in Room 600 to (A) confer with Legal Counsel with respect to existing litigation pursuant to Government Code Section 54956.9 subsection (a) to consider the case of City of San José v. American G.I. Forum; (B) confer with Legal Counsel regarding anticipated litigation of one matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code; (C) to confer with Legal Counsel with respect to Public Employee Performance Evaluation concerning the City Manager pursuant to Government Code Section 54957.

By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:34 p.m. in Council Chambers, City Hall.

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

Absent: Council Members - Chavez, Dando, Williams. (Excused)

INVOCATION

Iman Tahir Anwar of the South Bay Islamic Association read a traditional Islam verse entitled “For Noon”. (District 3)

PLEDGE OF ALLEGIANCE

Mayor Gonzales led the Pledge of Allegiance.

Orders of the Day

Upon motion by Council Member Yeager, seconded by Council Member Cortese, and unanimously carried, the Orders of the Day, and the Amended Agenda, were approved. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams

CEREMONIAL ITEMS

1.1 Presentation of a proclamation regarding City of San José’s partnership with the San Francisco Bay National Wildlife Refuge. (Environmental Services)

Documents Filed: None.

Discussion/Action: Mayor Gonzales, and the City Council commended the staff of the Don Edwards National Wildlife Refuge and the San José Environmental Services Department for their dedicated efforts in support of environmental and water shed education for the youth of San José and the neighboring communities of the South Bay in recognition of the March 14, 2003 Centennial. Director of Environmental Services Carl Mosher introduced the staff of Don Edwards National Wildlife Refuge, and members of the Youth Watershed Education Team. Project Manager Marge Kolar of the Don Edwards National Wildlife Refuge thanked the Mayor and the Council on behalf of her colleagues.

CONSENT CALENDAR

Upon motion by Council Member Cortese, seconded by Council Member Gregory, and unanimously carried, the Consent Calendar was approved, and the below listed actions were taken as indicated. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.2 Final adoption of ordinances:

(a) ORD. NO. 26843 – Amends Chapter 11.24 of Title 11 of the City of San José Municipal Code to add a new section to designate a portion of Channing Avenue as a one-way street.

Documents Filed: Proof of Publication of the title of Ordinance No. 26843 executed on March 4, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26843 was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.3 Adoption of a resolution authorizing the Director of General Services to:

(a) Execute the third amendment to the agreement for management of the Airport Common Use Rental Car Bus System, and increase the maximum compensation of this agreement by $50,000, to cover the estimated cost associated with services for off-site compressed natural gas (CNG) fueling, and additional training for the new CNG shuttle bus fleet, scheduled to be online by March 1, 2003; and

(b) Execute the second amendment to the agreement for management of the airport shuttle bus transportation personnel and bus scheduling and increase the maximum compensation of this agreement by $120,000, to cover the estimated cost associated with services for off-site CNG fueling and additional training for the new CNG shuttle bus fleet, scheduled to be online by March 1, 2003.

CEQA: Resolution No. 67380, PP01-01-014. (Airport/General Services)

(Deferred from 2/25/03 – Item 2.4)

Documents Filed: Memorandum from Director of Aviation Ralph G. Tonseth, and Director of General Services Jose Obregon, dated February 5, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71431, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute Amendments to the Agreements with Shuttleport California, LLC”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.4 (a) Public Hearing and adoption of an urgency ordinance prezoning a portion of Curtner Avenue and a segment of Caltrain right of way, located on the south side of Curtner Avenue, approximately 700 feet easterly of Highway 87 from unincorporated County of Santa Clara to A-Agricultural Zoning District. CEQA: Negative Declaration, PDC02-042. Council District 7. (Planning, Building and Code Enforcement)

(b) Initiate a regular, non-urgency ordinance prezoning a portion of Curtner Avenue and a segment of Caltrain right of way, located on the South Side of Curtner Avenue, approximately 700 feet easterly of Highway 87 from unincorporated County of Santa Clara to A-Agricultural Zoning District. CEQA: Negative Declaration, PDC02-042. Council District 7. (Planning, Building and Code Enforcement)

(c) Adoption of a resolution authorizing the reorganization of territory designated as Monterey Park No. 104, which involves the annexation to the City of San José of approximately 85.8 acres of land, located on the south side of Curtner Avenue, approximately 700 feet easterly of Highway 87, and the detachment of the same from the relevant special districts, including Central Fire Protection District and the County Library Service Area. CEQA: Negative Declaration, PDC02-042. Council District 7. (Planning, Building and Code Enforcement)

(Deferred from 2/25/03 - Item 2.8)

Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement Stephen M. Haase, dated March 7, 2003, recommending adoption of said urgency ordinance, effective immediately, and initiate a regular, non-urgency ordinance to readopt the conforming prezoning of the subject property as described therein. (2) Memorandum from Director of Planning, Building and Code Enforcement Stephen M. Haase, dated February 19, 2003, recommending adoption of said resolution.

Discussion/Action: Mayor Gonzales opened the public hearing on the subject properties, and there was no testimony from the floor. The public hearing was closed, and the initiation of a regular non-urgency Ordinance prezoning a portion of Curtner Avenue and a segment of Caltrain right of way, located on the south side of Curtner Avenue, approximately 700 feet easterly of Highway 87 from unincorporated County of Santa Clara to A-Agricultural Zoning District was approved, Ordinance No. 26844, entitled: “Urgency Ordinance of the City of San José Prezoning Certain Real Property Located on the South Side of Curtner Avenue Approximately 700 Feet Easterly of Highway 87 and Setting Forth a Statement of Facts Constituting the Urgency”, and Resolution No. 71432, entitled: “A Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Monterey Park No. 104, Subject to Liability for General Indebtedness of the City, After Receiving No Protests to Terminate Such Proceedings”, were adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.5 Adoption of a resolution setting a public hearing for April 1, 2003 at 1:30 p.m. for the approval of the report of the Directors of Finance and Transportation on the cost of sidewalk repairs. CEQA: Not a Project. (Finance/Transportation)

Documents Filed: Memorandum from Director of Finance Scott P. Johnson and Director of Transportation James R. Helmer, dated February 17, 2003, recommending adoption of said resolution setting a public hearing for April 1 at 1:30 p.m. for the approval of the report of the Directors of Finance and Transportation on the cost of sidewalk repairs.

Discussion/Action: Mayor Gonzales called for public testimony. Ross Signorino spoke on the issue. Resolution No. 71433, entitled: “A Resolution of the Council of the City of San José to Set a Public Hearing on April 1, 2003 for Public Protest and For Approval of a Report on the Cost of Sidewalk Repairs”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.6 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #26 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 19, 2003, recommending approval of said open purchase orders list #26, and authorization of the Director of General Services to execute the purchase orders.

2.6 (Cont’d.)

Discussion/Action: The award of open purchase orders List No. 26 for Fiscal Year 2002-2003 was approved, and execution of the purchase orders authorized. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.7 Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the donation of two truck tractors, one bookmobile, and one equipment transport trailer with a total estimated value of $13,500 to the City of La Paz, Mexico. CEQA: Not a Project. (General Services)

Documents Filed: (1) Memorandum from Council Member Campos, dated March 6, 2003, recommending two Truck Tractors, Bookmobile and Equipment Trailer be donated to the Municipal of La Paz, Mexico. (2) Memorandum from Director of General Services Jose Obregon, dated February 19, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71434, entitled: “A Resolution of the Council of the City of San José Approving the Donation of Two Truck Tractors, One Bookmobile and One Equipment Transport Trailer to the City of La Paz, Mexico”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.8 Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the sale of two surplus former police patrol cars and three fire mobile command vehicles and associated equipment for the amount of $19,200 to the City of La Paz, Mexico. CEQA: Not a Project. (General Services)

Documents Filed: (1) Memorandum from Council Member Campos, dated March 7, 2003, recommending two surplus police cars and three fire command vehicles be sold to the Municipal of La Paz, Mexico for $19,200. (2) Memorandum from Director of General Services Jose Obregon, dated February 19, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71435, entitled: “A Resolution of the Council of the City of San José Authorizing the Sale of Surplus Vehicles and Associated Equipment to the City of La Paz, Mexico”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.9 Adoption of a resolution approving a loan in an amount not to exceed $382,500 to Housing for Independent People from the Low and Moderate Income Housing Fund, for the acquisition, rehabilitation and permanent financing of a six-unit building located at 1059 Roewill Drive, to be made affordable to extremely low-income households. CEQA: Exempt. PP02-10-305. Council District 1. SNI: Blackford. (Housing)

Documents Filed: Memorandum from Director of Housing Leslye Corsiglia, dated February 19, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71436, entitled: “A Resolution of the Council of the City of San José (I) Approving a $382,500 Loan to Housing for Independent People for the Acquisition and Rehabilitation of a Six-Unit Apartment Building Located at 1059 Roewill Drive; (II) Finding that the Use of 20% Housing Funds is of Benefit to the Redevelopment Project Areas in the City of San José; and (III) Authorizing the Director of Housing to Negotiate and Execute all Necessary Documents on Behalf of the City”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.10 Approval of an appointment to the Guadalupe/West Valley Flood Control and Watershed Advisory Committee. (Mayor)

Documents Filed: None.

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

2.11 Adoption of a resolution authorizing the City Manager to submit a grant application to the state Alcoholic Beverage Commission in the maximum amount of $73,850 for grant assistance to local law enforcement agencies, to accept the grant if awarded, and to execute all related documents. CEQA: Not a Project. Police)

Documents Filed: Memorandum from Chief of Police, William M. Lansdowne, dated February 19, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71437, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Submit a Grant Application to the Alcoholic Beverage Commission to the State of California in an Amount Not to Exceed $100,000 for Grant Assistance of Local Law Enforcement Agencies, to Accept the Grant if Awarded, and To Execute all Related Documents”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.12 Approval of an agreement with Angie R. Salamoni, et al, for the donation to the City of a strip of property containing approximately 11,568 square feet and the purchase by the City of a one-year temporary construction easement for $47,635 for an additional 8,614 square feet of adjoining property located on King Road between Mabury Road and Commodore Drive for the purpose of constructing and maintaining frontage improvements as part of the King Road Widening Phase II Project. CEQA: Negative Declaration, PP02-11-335. Council District 4. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated February 19, 2003, recommending approval of said agreement with Angie R. Salamoni, et al, for the donation to the City of a strip of property, and said purchase by the City of a one-year Temporary Construction Easement for $47,635.

Discussion/Action: Council Member Reed asked how the King Road Widening Phase II project is progressing. Director of Public Works Katy Allen replied the design is almost complete, and Staff plans to award the contract in May 2003. She stated Staff expects project construction to be completed in April 2004, and has a tentative conditional permit from State Department of Fish and Wildlife. She stated Staff is pursuing a real estate acquisition and plans to bring all these items together before the contract is awarded this spring. The agreement with Angie R. Salamoni, et al, was approved and its execution authorized. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.13 Approval of Contract Change Order No. 1 with Vanguard Construction for the Wheel Chair Ramps Project 2002-A, in the amount of $37,800, resulting in a total contract amount of $397,530. CEQA: Exempt, PP02-03-059. Council District: Citywide. (Transportation)

Documents Filed: Memorandum from Director of Transportation James R. Helmer, dated March 4, 2003, recommending approval of said contract change order with Vanguard Construction.

Discussion/Action: Contract Change Order No. 1 with Vanguard Construction was approved, and execution of the change order authorized. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

2.14 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)

(Deferred from 3/4/03 – Item 2.4)

Documents Filed: None.

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

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – February 26, 2003

Vice Mayor Dando, Chair

Documents Filed: Rules/Agency Rules Committee Report of February 26, 2003.

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

(b) City Council

(1) Review March 11, 2003 Draft Agenda

The Committee recommended approval of the March 11, 2003 City Council agenda with two additions and one change.

(2) Add New Items to March 4, 2003 Amended Agenda

The Committee recommended one addition to the March 4, 2003 City Council agenda.

(3) List of Reports Outstanding. Attachment: Staff Reports Outstanding for March 4, 2003 from the City Manager’s Office, dated February 25, 2003, deferring Report on Park Ranger Staffing to March 12, 2003.

The Committee noted and filed the City Manager’s report listing one staff report outstanding for the March 4, 2003 Council agenda.

(1) State

There was no report.

(2) Federal.

(a) Federal Lobbyist Monthly Report for January 2003 Attachment: Memorandum from Director of Intergovernmental Relations Betsy Shotwell, dated February 19. 2003, recommending Rules Committee accept the monthly report from the City’s Federal lobbyist firm of Patton Boggs, LLP, in Washington, D.C.

The Committee recommended acceptance of the monthly report from Patton Boggs, LLP.

(1) Approve corrected date for Driving a Strong Economy Committee meeting. Attachment: Memorandum from Council Member Williams, dated February 18, 2003, stating the scheduled date June 9, 2003 for “Driving a Strong Economy” Committee meeting is incorrect. The correct date is June 23, 2003 at 1:30 p.m., in Room 204.

The Committee recommended approval to change a meeting of the Driving a Strong Economy Committee from June 9, 2003 to June 23, 2003.

(2) Set hearing date for Public Hearing on planned development rezoning of the property located at South Third and East Williams Streets (continued from 2/18/03 – Council agenda Item 11.2)

The Committee deferred this item for one week.

(e) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn dated February 20, 2003 listing items on the Public Record for the period February 5-11, 2003.

The Committee noted and filed the Public Record for the period February 12-18, 2003.

(f) Boards, Commissions and Committees. Attachment: Memorandum from City Clerk Patricia L. O’Hearn dated February 21, 2003, recommending the Rules Committee appoint Fran Hirsh as the landlord representative on the Mobile Home Advisory Commission.

(1) Mobile Home Advisory Commission

Appoint one landlord representative.

The Committee recommended appointment of Fran Hirsch to fill an unexpired term ending December 31, 2005, as the landlord representative on the Mobile Home Advisory Commission.

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

There were none.

(h) Administrative Reviews and Approval

(1) Request from Vice Mayor Dando to use Council General funds to attend the National League of Cities’ 2003 Congressional City Conference in Washington, D.C., March 7-11, 2003. Attachment: Memorandum from Vice Mayor Dando, dated February 21, 2003, requesting authorization to travel to attend the National League of Cities’ 2003 Congressional City Conference in Washington, D.C., March 7-11, 2003.

The Committee recommended approval for Vice Mayor Dando’s use of Council General funds to attend the National League of Cities’ 2003 Congressional City Conference in Washington, D.C., March 7-11, 2003.

(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 Council agenda. He also expressed concern regarding the “San José in Focus” program, and his flyers placed in the City Hall Lobby.

(j) Adjournment

The meeting adjourned at 2:20 p.m.

Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Campos, and unanimously carried, the Rules Committee Report and actions of February 26, 2003, were accepted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

3.4 Approval of a report back from the City Clerk on the methodology for performance measures and overview targets. (Mayor)

Documents Filed: None.

Discussion/Action: This item was deferred to April 1, 2003.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1 Report of the Building Strong Neighborhoods Committee – February 26, 2003

Council Member Chavez, Chair

Documents Filed: Building Strong Neighborhoods Committee Report of February 26, 2003.

4.1 Report of the Building Strong Neighborhoods Committee – February 26, 2003

Council Member Chavez, Chair (Cont’d.)

(a) Policy on Prioritization of Trails Projects. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated February 24, 2003, transmitting the Bi-Monthly Report of the Status of Trail Projects.

The Committee accepted the report with the following directives to staff:

(1) Continued discussions on “Policy on Prioritization of Trails Projects” to be held at the March 17, 2003 Building Strong Neighborhood Meeting. The presentation to include:

· Add an on-deck category.

· Names of trails that fall into Tiers 1, 2, and 3.

· Lengths of the 22 Citywide trails.

· One-year timeline for trail completion.

· An overlay of a comprehensive trail map and maps “trail by trail”.

· List of interim trails that were not included in the original list.

(2) A set of trail maps is given to new Committee members. Meetings are to be scheduled with Council Members Campos and Chirco and their staff so details may be properly outlined.

(3) Meetings are scheduled with Council Members to discuss issues with trails in their districts.

(4) The report that comes before Council is two separate presentations, interim and permanent trails.

(b) Discussion on Strengthening Boards and Commissions

The Committee accepted the report with the following directives to staff:

(1) The City Manager’s Office is requested to lead an effort that will include departmental, Mayor and Council staff to report on how the City might strengthen its Boards and Commissions. Possible areas include:

Identify and assess the strengths of the Boards/Commissions.

· Effectiveness of linking with Mayor’s and Council’s goals and priorities.

· Review of work plans.

· Level of participation and attendance.

· Ability to meet quorum.

· Status of vacant positions.

· Efforts to recruit members.

· Training Opportunities.

4.1 Report of the Building Strong Neighborhoods Committee – February 26, 2003

Council Member Chavez, Chair (Cont’d.)

(b) Discussion on Strengthening Boards and Commissions (Cont’d.)

(2) Training and Robert’s Rules of Order is added to the curriculum through the City’s Neighborhood Development Center for new and potential Commissioners.

(3) City Clerk Patricia O’Hearn to send to Committee members a copy of one of the annual reports from Boards/Commissions that had been submitted in prior years.

This item was referred to the March 5, 2003 Rules Committee for approval of a workload assessment.

(d) Adjournment - The meeting adjourned at 11:30 a.m.

Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member LeZotte, and unanimously carried, the Building Strong Neighborhoods Committee Report and actions of February 26, 2003, were accepted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

4.2 Report of the Driving a Strong Economy Committee – February 24, 2003

Council Member Williams, Chair

Documents Filed: Driving a Strong Economy Report dated February 24, 2003.

(a) Economic Diversity. Attachment: Memorandum from Director of Office of Economic Development Paul Krutko, dated February 14, 2003, presenting a Report on Economic Diversity.

The Committee unanimously accepted the staff report.

(b) Convention Center Recovery Strategy

No action taken by the Committee on the verbal report given by Assistant City Manager Mark Linder.

(c) Report on the City’s Rehabilitation Program. Attachment: Memorandum from Director of Housing Leslye Corsiglia, dated February 14, 2003, presenting a Report on the City’s Rehabilitation Program.

The Committee unanimously accepted the staff report.

4.2 Report of the Driving a Strong Economy Committee – February 24, 2003 (Cont’d.)

Council Member Williams, Chair

(d) Oral Petitions -Phyllis Ward, Affordable Housing Network spoke on Item 4.2 (a).

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

Discussion/Action: Referring to Item (1), Economic Diversity, in the Driving a Strong Economy Committee Report, Council Member LeZotte asked when Staff anticipates completing the written strategic plan, including factors describing San José’s economic base. Director of Economic Development Paul Krutko replied Staff planned to continue to work on the development and strategy through the Summer of 2003, and return with a strategic report in the Fall of 2003. He stated significant time would be needed to move forward from the baseline data and engage with the business community, the City of San José’s corporate partners, various stakeholders, small businesses, and various neighborhood organizations. Council Member LeZotte asked about the status of the SNI Exterior Paint Grant Program and the Hensley Historic District Grant Program, which are funded by supplemental housing funds provided by the Redevelopment Agency. Director of Housing Leslye Corsiglia replied that presently both of the grant programs are on hold as of January 2003, and it is not certain that funding would be available, pending the outcome of the State budget. She stated the Hensley Historic District program had $2 million budgeted for the current year and the SNI Exterior Paint Grant Program had anticipated $8 million in funding this year, and $2 million had been expended in the SNI Exterior Paint Program when the program was put on hold. Upon motion by Council Member Gregory, seconded by Council Member Chirco, and unanimously carried, the Driving a Strong Economy Committee Report and actions of February 24, 2003, were accepted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

4.3 Adoption of a resolution authorizing the Director of Public Works to:

(a) Execute an agreement with Jose Cuevas, for the purchase of land and improvements located at 3086-3098 Alum Rock Avenue in the amount of $1,200,000, and any additional documents necessary to complete this transaction; and

(b) Settle the relocation claims with Jose Cuevas and the four existing tenants on his property

CEQA: Negative Declaration, H02-064. Council District 5. SNI: East Valley/680 Community. (Public Works)

Documents Filed: (1) Memorandum from Mayor Gonzales, and Council Member Campos, dated March 11, 2003, recommending adoption of said resolution (2) Memorandum from Director of Public Works Katy Allen, dated February 19, 2003, recommending adoption of said resolution authorizing the Director of Public Works to execute an agreement with Jose Cuevas in the amount of $1,200,000. (3) Supplemental memorandum from Director of Public Works Katy Allen, dated March 6, 2003, providing additional information on the public outreach process.

Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Cortese, and unanimously carried, Resolution No. 71438, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of Public Works to: (i) Execute an Agreement with Jose Cuevas for the Purchase of Land and Improvements Located at 3086-3098 Alum Rock Avenue in the Amount of $1,200,000; (ii) Settle the Relocation Claims with Jose Cuevas and the Four Existing Tenants on his Property; and (iii) Execute All Necessary Documents Necessary to Complete the Transaction”, was adopted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

RECREATION & CULTURAL SERVICES

5.1 Report of the All Children Achieve Committee – February 27, 2003

Council Member Yeager, Chair

Documents Filed: All Children Achieve Committee Report of February 27, 2003.

(a) Youth Commission Reports (December 2002 and January 2003). Attachments: (1) Memorandum from Chairperson of San José Youth Commission Erica Garcia dated February 14, 2003, presenting the Youth Commission Monthly Report dated December 2002. (2) Memorandum from Chairperson of San José Youth Commission Erica Garcia dated February 14, 2003, presenting the Youth Commission Monthly Report dated January 2003.

The Committee accepted the reports.

(b) Work Plan for Remaining 2002 [Education, Neighborhoods, Youth, and Seniors Committee referral Action Items, including Bridging the Digital Divide, Child Care Projects, and City Funding of Education Programs]. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated February 14, 2003, providing an update on the City Homework Center Program and the status of the Early Care and Education Strategic Work Plan presented at the December 16, 2002 ENYS Committee Meeting, and reporting on directions given Staff by the Committee.

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

(c) Update on Joint Use Agreements with School Districts, including City/Schools Collaborative. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley dated February 14, 2003, recommending acceptance of the Status Report of the Schools/City Collaborative Joint Planning/Facility Use Sub-Committee.

The Committee continued discussion and action to the next meeting on March 20, 2003.

(d) Oral Petitions

There were none.

(e) Adjournment

The meeting adjourned at 3:55 p.m.

Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Cortese, and unanimously carried, the All Children Achieve Committee Report and actions of February 27, 2003, were accepted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

5.2 Report on bids and award of contract for the Biebrach Park Play Area Renovation and Restroom Replacement to the low bidder, and approval of a nine percent contingency. CEQA: Exempt, PP02-09-259. Council District 3. SNI: Gardner. (Public Works)

(Deferred from 1/14/03 – Item 5.3 et. al., and 2/11/03 – Item 5.2)

Documents Filed: None.

Discussion/Action: This item was dropped and action was taken at the February 18, 2003 Council Meeting.

5.3 Report on bids and take appropriate action based on the evaluation of bids for the Gardner Community Center Project to the low bidder, BRCO Constructors, Inc., for the base bid and Add Alternate s Nos. 1a, 1b, and 2 in the amount of $2,948,000, and approval of a contingency in the amount of $295,000. CEQA: Mitigated Negative Declaration, PP01-11-206. Council District 3. SNI: Gardner/Atlanta. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated March 4, 2003, recommending the award of said contract, with related contingency, to the low bidder, BRCO Constructors, Inc.

Discussion/Action: Upon motion by Council Member LeZotte, seconded by Council Member Yeager, and unanimously carried the award of said contract, with related contingency, to the low bidder BRCO Constructors, Inc., was approved and its execution authorized. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

TRANSPORTATION SERVICES

6.1 Report of the Building Better Transportation Committee – February 26, 2003

Council Member Cortese, Chair

Documents Filed: The Building Better Transportation Committee Report of February 26, 2003.

(a) Discussion of Committee Scope

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

(b) Staff Presentation and Discussion of Items in Committee Scope

Staff gave an overview of all items on the scope and work plan.

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

(d) Approval of Committee Work Plan

The Committee accepted the work plan with the following changes:

Add State and Federal legislative update on each and every month beginning in April; Add a new bullet under item 4 (Regional Relationships/Funding/ Policy) titled Public/Private Partnership; Add a new bullet under item 1 (Expansion of Transit and Transportation Systems) titled Transit Trends/ Best Practices; Change item 1 on the scope to read Expansion and Improvement of Transit and Transportation Systems; Add a bullet CAL Trains to item 4, Regional Relationships/Funding/Policy. Airport and terminal circulation, etc. will be on hold for now.

(e) Oral Petitions

There was none.

(f) Adjournment

The meeting adjourned at 4:05 p.m.

Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member LeZotte, and unanimously carried, the Building Better Transportation Committee Report and actions of February 26, 2003, were accepted. Vote: 8-0-3-0. Absent: Chavez, Dando, Williams.

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)

(Deferred from 3/4/03 – Item 6.2)

Documents Filed: None.

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

ENVIRONMENTAL & UTILITY SERVICES

7.1 Discussion and action on the Municipal Water System. (City Manager’s Office)

Documents Filed: None.

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

Open Forum

Ross Signorino spoke concerning night lighting safety issues in the City of San José.

Adjournment

The Council of the City of San José adjourned in memory of John Reichle, a very active and long-time devoted adopt-a-park volunteer and park steward who was always willing to help care for his neighborhood park.

The Council of the City of San José adjourned at 1:56 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK

smd/03/11/03