MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, OCTOBER 14, 2003

The Council of the City of San José convened in Regular Session at 9:37 a.m. in Council Chambers at City Hall.

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

Absent: Council Members - None.

Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 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 Horta LLC v. City of San José.

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

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

Absent: Council Members - None.

Invocation

Reverend Chris Annas from the Christian Center of San José gave an inspirational prayer of thanks, divine guidance and peace for everyone. (District 9)

Pledge of Allegiance

Mayor Gonzales led the Pledge of Allegiance.

Orders of the Day

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

CEREMONIAL ITEMS

1.1 Presentation of the Mark E. Keane Award to City Manager Del D. Borgsdorf. (Mayor)

(Deferred from 9/30/03 – Item 1.2)

Documents Filed: None.

Discussion/Action: Mayor Gonzales presented the 2003 Mark E. Keane Career Award for Excellence from the International City and County Management Association (ICMA), to City Manager Del Borgsdorf, which is the highest honor in the field of Municipal Government. City Manager Borgsdorf has dedicated 35 years to public service, and is commended for his commitment to the people of San José, and the profession of public service. On behalf of the City Council and himself, Mayor Gonzales also presented a commendation in appreciation and recognition of City Manager Borgsdorf’s efforts in leading the City of San José for the past four years, and representing the profession of public service.

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

(Rules Committee referral 10/8/03)

Documents Filed: None.

Discussion/Action: Mayor Gonzales was joined at the podium by Vice Mayor Dando to proclaim the month of October 2003, “Domestic Violence Awareness Month”. Vice Mayor Dando stated San José is dedicated to working with the community to try to prevent domestic violence, and is fortunate to have a Mayor and City Council that is fully and completely behind eradicating domestic violence in the community, to raise community awareness and encourage all of the residents to provide continued support to organizations, programs and individuals to ensure the safety and peace of mind of all of our families throughout San José. Mayor Gonzales on behalf of Vice Mayor Dando, and the Council Members presented a proclamation to Kathleen Krenek, Vice Chair of the San José Family/Domestic Violence Advisory Board, recognizing her efforts to educate and prevent domestic violence. Vice Mayor Dando commended one of her staff members, Jo Coffaro, and Eve Castellanos, City Manager’s Office, who were responsible for the year-long preparation of the first Domestic Violence Prevention Symposium, which was held on October 10, 2003. Everyone is invited to come to City Hall this Friday, October 17, at 9:00 a.m. to join the 6^th Annual Walk to End Domestic Violence.

CONSENT CALENDAR

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

2.2 Final adoption of ordinances:

(a) ORD. NO. 26989 – Rezones certain real property situated at the south side of Fleming Avenue, approximately 490 feet southerly of Story Road, to A(PD) Planned Development Zoning District. PDC 02-091

Documents Filed: Proof of Publication of the title of Ordinance No. 26989 executed on October 7, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26989 was adopted. Vote: 11-0-0-0.

(b) ORD. NO. 26990 - Rezones certain real property situated at the west side of South 34^th Street, opposite Los Suenos Avenue. PDC 03-021.

Documents Filed: Proof of Publication of the title of Ordinance No. 26990 executed on October 7, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26990 was adopted. Vote: 11-0-0-0.

(c) ORD. NO. 26991 - Rezones certain real property situated at the west side of Zanker Road, approximately 600 feet southerly of Tasman Drive. PDC 03-043

Documents Filed: Proof of Publication of the title of Ordinance No. 26991 executed on October 7, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26991 was adopted.

(d) ORD. NO. 26992 - Rezones certain real property situated at the north side of San Felipe Road, approximately 50 feet northwesterly of Fowler Road. C 03-070

Documents Filed: Proof of Publication of the title of Ordinance No. 26992 executed on October 7, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26992 was adopted. Vote: 11-0-0-0.

(e) ORD. NO. 26993 - Rezones certain real property situated at the northwestern corner of Lick Avenue and West Alma Avenue. PDC 02-072

Documents Filed: Proof of Publication of the title of Ordinance No. 26993 executed on October 7, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26993 was adopted. Vote: 11-0-0-0.

(f) ORD. NO. 26995 – Amends various sections of Title 20 of the San José Municipal Code related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control.

Documents Filed: Proof of Publication of the title of Ordinance No. 26995, executed on October 10, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26995 was adopted. Vote: 11-0-0-0.

2.3 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #4 and authorization for the Director of General Services to execute the purchase orders. CEQA: See memo for CEQA designation(s). (General Services)

Documents Filed: (1) Memorandum from Director of General Services Department Jose Obregon, dated September 24, 2003, recommending approval of award of open purchases orders for FY 2003-004 #4, and authorization for the Director of General Services to execute to purchase orders. (2) Letter from the Treatment Plant Advisory Committee, dated October 9, 2003, stating concurrence with the Staff recommendation.

Discussion/Action: The award of open purchase orders for FY 2003-2004 #4 was approved, and execution of the purchase orders authorized. Vote: 11-0-0-0.

2.4 Adoption of a resolution authorizing the reorganization of territory designated as Berryessa No. 67, which involves the annexation to the City of San José of 6.72 acres of land, located on the west side of King Road, approximately 250 feet southerly of Commodore Drive and generally bounded by the City of San José Annexations Berryessa No. 49, Berryessa No. 41, Berryessa No. 66, Penitencia No. 66, and Berryessa No. 52, and the detachment of the same from the appropriate special districts including: Central Fire Protection and the County Service Area No. 01 (County Library Services Area). CEQA: Mitigated Negative Declaration, PDC02-104. Council District 4. (Planning, Building and Code Enforcement)

Documents Filed: None.

Discussion/Action: Item 2.4 was deferred to October 21, 2003.

2.5 Adoption of a resolution authorizing the reorganization of territory designated as McKee No. 122 which involves the annexation to the City of San José of 3.33 acres of land, including the abutting portion of right-of-way between Cedarville Lane and North Capitol Avenue, located on the southeast corner of Capitol Avenue and Baton Rouge Drive and generally bounded by the City of San José Annexations McKee No. 78-A and McKee No. 97, and the detachment of the same from the appropriate special districts including: Central Fire Protection and the County Service Area No. 1 (County Library Services Area). CEQA: Mitigated Negative Declaration, PDC03-034. Council District 4. (Planning, Building and Code Enforcement)

Documents Filed: None.

Discussion/Action: Item 2.5 was deferred to October 21, 2003.

2.6 Approval of nominations to the Workforce Investment Youth Council. (Mayor)

(Rules Committee referral 10/8/03)

Documents Filed: Memorandum from Mayor Gonzales, dated October 10, 2003, recommending approval of nominations to the Workforce Investment Youth Council.

Discussion/Action: Appointment of Linda Luther, Metro Education Network, and Rick Deraiche, Employment Development Department to the Workforce Investment Network Youth Council, and appointment of Denise Boland, Santa Clara County Social Services Agency, to serve on the Workforce Investment Board of Directors, was approved. Vote: 11-0-0-0.

2.7 Approval of an appointment to Coyote Valley Specific Plan Task Force. (Mayor)

(Rules Committee referral 10/8/03)

Documents Filed: Memorandum from Mayor Gonzales, and Council Member Williams, dated October 8, 2003, recommending approval of appointment to the Coyote Valley Specific Plan Task Force.

Discussion/Action: The appointment of Phaedra Ellis-Lamkins to the Coyote Valley Specific Task Force was approved. Vote: 11-0-0-0.

2.8 Approval of Contract Change Order No. 9 with R&L Brosamer, Inc., for the Norman Y. Mineta San José International Airport-Skyport Drive Grade Separation Project in the amount of $114,271, for a total contract amount of $10,222,362.

CEQA: Resolution Nos. 67380 and 71451, PP 03-10-308. Council District: Citywide. SNI Area: NA. (Public Works)

(Rules Committee Referral 10/8/03)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated October 7, 2003, recommending approval of Contract Change Order No. 9 with R&L Brosamer, Inc., for the Norman Y. Mineta San José International Airport-Skyport Drive Grade Separation Project in the amount of $114,271, for a total contract amount of $10,222,362.

Discussion/Action: The Contract Change Order No. 9 with R&L Brosamer, Inc., for the Norman Y. Mineta San José International Airport-Skyport Drive Grade Separation Project, in the amount of $114,271 was approved, and its execution authorized. Vote: 11-0-0-0.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – October 1, 2003

Vice Mayor Dando, Chair

Documents Filed: The Rules Committee Report dated October 1, 2003.

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

(b) City Council

(1) Review October 14, 2003 Draft Agenda

The Committee recommended approval of the October 14, 2003 City Council agenda.

(2) Add New Items to October 7, 2003 Amended Agenda

The Committee recommended four additions to the October 7, 2003 City Council agenda.

(3) List of Reports Outstanding. Attachment: Report from City Manager, dated September 30, 2003, transmitting reports outstanding for October 7, 2003.

The Committee noted and filed the City Manager’s report listing one staff report outstanding for the October 7, 2003 Council agenda.

(c) Legislative Update

(1) State

Betsy Shotwell, Director of Intergovernmental Relations, informed the Committee that the State Legislature passed AB 1313, which extends Megan’s Law to 2007.

(2) Federal - There was no report.

(d) Meeting Schedules

There were none.

(e) The Public Record

There was no Public Record filed.

(f) Appointment to Boards, Commissions and Committees

There were none.

(g) Rules Committee Reviews, Recommendations and Approvals

(1) California’s Megan’s Law: Recommendations for Improvements. Attachment: Memorandum from Acting Chief of Police Thomas Wheatley, dated September 25, 2003, recommending improvements to California’s Megan’s Law.

The Committee directed the City Attorney and the Police Department to return to Rules Committee in thirty days with a report regarding the feasibility of placing information about San José’s high-risk sex offenders on the City’s web page; the Committee also directed Administration to prepare a letter, signed by the Mayor and Council Members, forwarding to the State Legislature the Police Department’s recommendations to improve Megan’s Law.

(h) Oral communications - None were presented.

(i) Adjournment - The meeting was adjourned at 2:45 p.m.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Cortese, and carried unanimously, the Report of the Rules Committee and the Actions of October 1, 2003 were accepted. Vote: 11-0-0-0.

3.4 Approval of various actions in City operating and capital funds to implement 2002-2003 Annual Report recommendations and provide for appropriate technical adjustments.

(a) Acceptance of the 2002-2003 City Manager’s Annual Report of the Finances and Administrative Activities of the City of San José, pursuant to the City Charter Section 701(f).

(b) Adoption of appropriation ordinance and funding sources resolution amendments in various operating and capital funds to implement 2002-2003 Annual Report recommendations and provide for appropriate technical adjustments.

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

Documents Filed: 2002-2003 Annual Report dated September 2003 from the Office of the City Manager.

Discussion/Action: Budget Director Larry Lisenbee gave a presentation of the 2002-2003 Annual Report. Referencing the list of the projects of unexpended funds on Page 31, Council Member Gregory asked about the $485,000 funds that were not expended on the Los Lagos Golf Course. Director Lisenbee replied these are project savings that Staff is holding in place for the various construction claims, as the appeal process is still pending. He explained the monies would be kept in place until it is known whether Staff will need to pay out on any claims, and if these monies are not needed when the appeal process ends, the funds will be released into the General Fund.

Referencing Page 110, Construction Excise Tax Fund, Council Member Gregory pointed out the Citywide Sidewalk Repairs Project alludes to an item on Page 109 which states approximately $495,000 will be re-budgeted, and asked how well is this program working, including this issue. Assistant Director Department of Transportation Jim Ortbal replied the residents contact Staff with damage claims, which takes between one to two months to inspect, mark and let the resident know the areas that need to be repaired. He stated the resident has approximately two months to make the repairs, and send confirmation to the Department of Transportation. He stated Staff will perform a final inspection, and issue a check to the resident within two to three weeks. He clarified that typically the calls for damage inspection during the months of April, May and June overlap into the next fiscal year. Council Member Gregory asked how much money is involved during the 2-month overlap. Assistant Director Ortbal replied approximately $400,000 to $500,000 on an annual basis of activity that occurs or is claimed in the last few months of the fiscal year carryover.

Council Member Chavez stated as Staff reviews the present situation relating to different types of funds, being responsible for different items, whether it is Construction and Conveyance Tax (C&C) or Transient Occupancy Tax Fund (TOT), if Staff looks at the difficult times, and reflects upon previous funding strategies to deal with current problems considering opportunities for change. Budget Director Larry Lisenbee replied that as opportunities arise, Staff reflects upon changing policies that better relate to the times. Council Member Chavez requested adding that to this document or when the next budget cycle begins, in order to remind Council to review the issue. She pointed out that Mayor Gonzales was recently talking about a change to the TOT Fund in the Arts Group. She stated in regard to the C&C Tax, how and at what time frame the current system worked for the outcome that the City wanted, and perhaps because some of the policies have changed in that time, the funding mechanisms do not work anymore. Director Lisenbee stated the Mayor suggested a potential change to the allocation that was made in the TOT Fund years ago, and some of the participants viewed the possible outcomes, and decided the fund should remain unchanged. He remarked in regard to the C&C Tax, the ordinance allocation of the funding was reviewed several years ago, but it is also an allocation that is very politically rooted. He stated it is a great time to rethink any of that because with smaller allocations, to have items dedicated in certain ways, may not be the best scheme.

City Manager Del Borgsdorf remarked in regard to the C&C Tax, and the capital projects, clearly the City’s capital project funding, especially by district, long predated any attempt by the City to get into the general obligation bond issue market for Parks and Library facilities. He noted an idea was circulated last year to review how the City will maintain or operate those facilities moving forward, and perhaps shifting an increase in percentage of those dollars into operating the new facilities that are coming on line, as opposed to the current system, which is building additional smaller capital projects. Council Member Chavez suggested working this issue through the committee system as preparatory to the budget next year to further explore all options.

City Attorney Richard Doyle advised that the C&C Tax, and TOT Fund are both special taxes under Proposition 218, and there are limitations as to what can be changed without voter approval. Council Member Reed commented he was at the City 20 years ago when the C&C Tax allocation was revised to basically make it a more equitable citywide process of distributing funds, and obviously, times have changed since then, and the process needs to be reviewed. He stated when the Comprehensive Annual Financial Report at the Making Government Work Better Committee was heard last week, he had a question about how the numbers from the Annual Report translate to the Comprehensive Annual Financial Report numbers, and Director Lisenbee explained it precisely to him, and would share the information with Council. Referencing Page 121, the Fire Development Fee Program, Council Member Reed stated there is an explanation of an old position, a new position, funding and moving items, and asked if the fees Staff is charging on a cost recovery basis for the Fire Development Fee Program are returned to the Fire Department. Director Lisenbee replied in regard to the Development Fee Program areas, Staff does a very careful accounting of savings and additional revenues, and returns those monies back into the fee reserves.

Referencing the Fire Development Fee Program on page 121, Vice Mayor Dando asked why the non-personal equipment appropriation was deleted. Director Lisenbee replied it was a limited two-year term position, the position is vacant, and it was not correctly reflected in the budget previously, and Staff is correcting that now. Vice Mayor Dando, referring to the Street Lighting at Schools on Page 124, the list of projects that are supported, stated she did not recall street lighting being one of the projects, and asked if the City has a program that installs lights at schools or on school grounds, and if so, has Staff completed the backlog. Budget Director Larry Lisenbee replied this program was funded with a special allotment of money for schools, and Staff is taking the savings, and instead of having it fall back into the General Fund, Staff is moving it into the regular street lighting. Deputy Director of Public Works Tim Borden remarked Staff has a contract to finish out the schools, and there may be some outstanding. Vice Mayor Dando requested Staff to inform Council when that the project is complete or still backlogged, before that money is lost.

Referencing Page 133, Residential Street Sweeping, Vice Mayor Dando remarked there have been many discussions on this subject, and one suggestion was more signage encouraging the public not to park on the streets on the day of street sweeping, and asked if all of this money provides new street signs to say no parking or was part of it used for enforcement of the signs. Assistant Director Department of Transportation Jim Ortbal replied this money is for new signage in neighborhoods that have requested parking prohibitions during street sweeping, and enforcement of the signs is funded in the Operating Budget General Fund. Upon motion by Vice Mayor Dando, seconded by Council Member Reed, and carried unanimously, the 2002-2003 Annual Report dated September 2003 from the Office of the City Manager was accepted, Ordinance No. 26997, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26916 to Appropriate Monies in the Various Funds to Implement 2002-2003 Annual Report Recommendations and Make Appropriate Technical Adjustments; and Providing that this

Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 71783, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71608 to Implement the 2002-2003 Annual Report Recommendations and Make Appropriate Technical Adjustments to Adjust Revenues in Various Operating Funds”, were adopted, with Staff requested to provide a memorandum regarding streetlighting at schools, including the list of schools that were funded, and the status of the contract. Vote: 10-1-0-0. Absent: Chavez.

3.5 Adoption of a resolution authorizing the City Manager to enter into exclusive negotiations for thirty (30) days with the proposed new manager for the Hayes Mansion, Dolce International Holdings, Inc. (“Dolce”) with the option to commence negotiations with Benchmark Hospitality in the event business terms are not reached with Dolce. CEQA: Not a Project. (City Manager’s Office/Finance/ Economic Development)

Documents Filed: None.

Discussion/Action: Item 3.5 deferred to October 21, 2003.

3.6 Approval of various actions related to a transition plan for the Hayes Mansion Conference Center.

(a) Approval of an agreement with Hayes Renaissance, L.P. setting for the terms of the transition of the operation and management of the Hayes Mansion Conference Center to a new operator.

(b) Adoption of a resolution authorizing the City Manager to negotiate and execute agreements related to the transition of the operation and management of the Hayes Conference Center:

(1) A line of credit agreement with Comerica Bank-California in an amount not to exceed $7,000,000;

(2) An agreement with Devcon Construction Incorporated to assume repayment of the principal of a loan made to Hayes Renaissance, L.P. in the amount of $1.2 million on a subordinated basis from Hayes Mansion Conference Center net revenues; and

(3) A temporary operating agreement with Hayes Renaissance, L.P. for the operation and management of the Hayes Mansion Conference Center until the new operator assumes management and at a cost not to exceed a monthly fee of $15,000.

(c) Adoption of amendments to the 2003-2004 appropriation ordinance in the General Funds as follows:

(1) Establish a Hayes Mansion Conference Center Line of Credit Security Earmarked Reserve in the amount of $5,000,000; and

(2) Decrease the Worker’s Compensation/General Liability Catastrophic Earmarked Reserve in the amount of $5,000,000.

CEQA: Not a project. (City Manager’s Office/Finance/Economic Development

(Rules Committee referral 10/8/03)

3.6 (Cont’d.)

Documents Filed: None.

Discussion/Action: Item 3.6 deferred to October 21, 2003.

AVIATION SERVICES

8.2 Adoption of a resolution extending the moratorium on authorizations granted under article X(B)(2) of the Airport Noise Control Program (Resolution No. 57211) to operate during the curfew hours of 11:30 p.m. to 6:30 a.m. at the Norman Y. Mineta San José International Airport, for an additional period of three (3) days from October 18, 2003 through October 21, 2003, pending consideration by the City Council of an ordinance to amend and restate the curfew hours and aircraft restrictions provisions of the City of San José Airport Noise Control Program. (City Attorney’s Office)

(Orders of the Day)

Documents Filed: Memorandum from City Attorney Richard Doyle, dated October 10, 2003, recommending adoption of said resolution.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Gregory, and carried unanimously, Resolution No. 71784, entitled: “A Resolution of the Council of the City of San José Extending the Moratorium on Granting Authorizations to Operate During the Curfew Period at the Norman Y. Mineta San José International Airport Pursuant to Article X(B)(2) of the Airport Noise Control Program for a Period of Three Days”, was adopted. Vote: 10-1-0-0. Absent: Chavez.

PUBLIC SAFETY SERVICES

9.1 Approval of an ordinance amending Title 17 of the San José Municipal Code by adding a new Chapter 17.82 relating to fire safety during construction. (City Attorney's Office)

Documents Filed: None.

Discussion/Action: Item 9.1 was deferred to November 18, 2003.

AVIATION SERVICES

8.1 Acceptance of staff’s presentation on the design process to improve Norman Y. Mineta San José International Airport. (Airport)

Documents Filed: Memorandum from Direction of Aviation Ralph Tonseth, dated September 24, 2003, transmitting the Airport Maser Plan for the Mineta San José International Airport for presentation.

Discussion/Action: Direction of Aviation Ralph Tonseth introduced Director of Economic Development Paul Krutko, who gave a short slide presentation overview of the project. Doug Jones, Design Manager of the Airport Team gave a slide presentation of the design process to improve Norman Y. Mineta San José International Airport. Steve Wyndell, Project Designer, Arthur Gensler, Jr. and Association gave a video presentation of the User Experience with an “Airport User Story”.

Direction of Aviation Ralph Tonseth stated Staff spent numerous hours in the neighborhoods and over 20 meetings with stakeholder groups to incorporate from each of these groups, the types of user they would expect from the airport. He remarked the stories are being compiled, put into the design manual and being refined as Staff moves forward. He stated Staff would soon begin the architectural design based upon those user expectations. He stated Staff has conceptually designed the whole central terminal, and is proceeding with the detailed architectural work on the North Concourse piece, eventually merging into the larger terminal.

Mayor Gonzales declared the idea of the User Group stories is an interesting one, but there are stories that he finds most often at the current airport, and does not want to see at the new airport. He stated on occasion he has experienced in traveling 2,000 miles across the country, arriving early but having to wait on the tarmac, 50 yards from the terminal, or arriving from an hour flight from Southern California, then waiting 20 to 25 minutes for the luggage to arrive. Mayor Gonzales asked how will Staff factor in the staffing element, and how is this factoring into the stories and this design. Director Tonseth replied Staff plans to utilize technology in unique ways because the private sector is in a different mode now, and the City ends up performing a “caretaker” function for many of the people that travel. Mayor Gonzales asked what are the standards Staff is working for in terms of design, is there a measurement. Director Tonseth replied through the user groups Staff may learn one person feels not only is the coffee important, but a place is needed to have children not disturb anyone, a place to do business electronically, or just a quiet place. He stated those are all going into the design manual, and all of those concerns are being addressed. He stated Staff would evaluate all the user groups, and return to Council with an evaluation.

Vice Mayor Dando stated having conversations with a variety of people who travel for business here and internationally, seniors, family, recreational travel, Presidents of Homeowners Associations, and not one of them said they thought the airport should be an icon, or that the airport should look spectacular. She remarked what everyone has said is that the airport should function well. She stated there were comments about the access and the circulation into and out of the airport, concern about the number of entryways, and how to maneuver once inside the airport, such as where is long term parking, and how to get to the central terminal. She stated people were not concerned about security, they did not want extra people doing the checking, but extra checkpoints for people to get through with less waiting. She stated there were suggestions in regard to luggage, a vertical slot for items such golf clubs, skis or other special packages enabling the article to stand upright, restrooms to be family accessible, and a room to the side for families. She remarked another suggestion was to look at other airports and take the best from those airports that were built within the last 3 years.

Council Member Chavez pointed out it would be important as the design process moves forward to have Staff check in occasionally with Council, including key user groups to report back with the short term changes. Director Tonseth stated Staff has an ongoing effort to develop all those plans, particularly for mitigation during construction, and can bring those back, however today Staff is just showing the design process. He stated there is a myriad of other activities going on simultaneously, and at appropriate times Staff can bring those issues back to Council. Council Member Chavez asked when Staff speaks to the current airport users what questions are being asked in regard to what the users consider the best airports in the country. Director Tonseth replied the number one asked about facility is the newest airports in Hong Kong with the rail systems, the technology, new boarding and common use facilities. Council Member Chavez asked if it the airport’s appearance that is particularly impressive. Director Tonseth replied one of the most frequent comments is that there is an architectural statement to the airport. Council Member Chavez remarked there are certain kinds of companies that look at the airport differently, and some of those larger companies look at the airport as an extension of their lobby, and want the airport to have a different appearance and feel. She stated in regard to whatever work that is accomplished at the airport, she requested Staff to focus on marrying the architecture with the arts, as the timing of those processes is important.

Council Member Reed asked is it safe to assume the cargo fits into a separate category because the user is so different from the other eight groups. Director Tonseth replied currently Staff is primarily focusing on the terminal area. He stated the cargo area will be on the west side of the airport in the location of the current long term parking lot, and that will be a similar, but separate effort paralleling the current process at a later date.

Council Member Campos asked what is the ethnicity, and ages of the family groups. Director Tonseth replied Staff has packaged together several assembly groups, for example, one user group contains a husband, wife, several children, sometimes an elderly parent or disabled person. He stated Staff presents the user experiences to the stakeholder groups allowing the members to relate to each group from their individual perspective. Council Member Campos remarked that she travels frequently from the San José Airport, and has noticed many people who do not speak English, and cannot communicate adequately with airport staff. She asked if Staff is looking at that within these groups, as that needs to be imputed or is there a specific non-English speaking target group Staff is looking at. Director Tonseth replied there are people Staff is working with for whom English is a second language, and there have been suggestions to use Chinese and Japanese characters on the International signs. Council Member Campos expressed concern that the City builds an airport that functions, but it should function for all languages. She asked what is the percentage of foreigners that come into the San José Airport, and Director Tonseth Ralph replied Staff would return to Council with that data.

Council Member Yeager remarked one of the biggest complaints he has heard is the passenger drop off/pick up, and the heavy hand the police use to move people along, and asked will these issues be addressed. Director Tonseth replied the curb area will be four to five times longer than what currently exists at the airport, plus Staff is planning extended drop off which is parking across the street, allowing people to park and wait, or possibly be able to leave the car in order to look for someone. He stated Staff is very sensitive to that issue.

Council Member Williams stated that the airport should be distinguishing; a place to be proud of, and that would make the airport an icon. He stated he has been to the new airport in Hong Kong, but feels the City has to be concerned with the community and the people around the airport. He asked if there is going to a large public art effort, and Director Tonseth replied there is a Staff member who will be assigned full time to this project to coordinate all those issues in the Art Program. Council Member Williams stated the airport is a meeting place, people fly to the airport to have meetings, and they do not go into the town or to offices because of time constraints, asked if Staff is making provisions for the kind of opportunity where large meetings can be held at the airport. Director Tonseth replied that has been discussed, and will be one of the items to come back to Council for direction.

Council Member LeZotte stated she is completely aware of the importance of the airport relating to the business it brings to the community, but as far as the business community, it should be user friendly, not so much that it is a destination point, gateway or an icon. She stated the airport should be noticed by the occasional visitor to San José, but business travelers will come in and out several times a day or week, and having the gateway be something that is formed by the business traveler is perhaps the wrong partner group, and Staff needs to look at a broad spectrum of people. She stated the airport should be a statement, but it should also function. She expressed concern with regard to certain issues that might have been dismissed too early because of budget constraints, and not enough cost benefit analysis. She asked when Staff would be coming back to Council in regard to when the construction starts moving. Director Tonseth replied because this is a multi prime contract approach, Staff will return to Council in the spring with the architectural solutions.

Council Member Cortese noted in the old goals that were established before September 11, 2001 tragedy, under the passenger experience, the word safe is in there, however in the video presentation there was nothing that directly emphasized that, and asked if airport safety will be addressed directly, or is it going be subtle in terms of how it is addressed. Director Tonseth replied Staff performed a sensitivity analysis on each of these types of issues where everyone had the opportunity to give input on the low key, soft approach to the harder approach of security, assuming that the end result is the same. He stated considering there the wide spread between those two issues, Staff plans to return to Council with the softer side.

Council Member Reed asked how does the unfortunate reality of working within a budget fit into the design of this building, and which of the stakeholder groups is concerned about that. Director Tonseth replied all of the groups are concerned, and stated the airlines that are currently significantly changing their operating model have been supportive of what Staff is trying to do at the North Concourse. He stated the basic underlying assumption is Staff will build it when the demand will pay for it, and the demand, which is currently backlogged, will pay for the North Concourse, and is not an issue.

This was a Staff presentation only, there was no action required by the City Council.

Notice of City Engineer’s Pending Decision on Final Maps

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

Tract	Location	Council District	Developer	Lots/ Units	Type	Proposed Decision
9169	US 101 (E/S) n/of Hellyer Avenue	8	William Lyon Homes	33 units	SFD	Approve

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

None.

Open Forum

(1) Ross Signorino spoke of child safety issues at de Vargas School, stating one child was hit and injured recently.

Adjournment

The Council of the City of San José was adjourned at 3:47 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK

smd/10/14/03min