MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, SEPTEMBER 30, 2003

The Council of the City of San Jose convened in Regular Session at 9:32 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 9:37 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of West Hotel Partners v. City of San José, et al, In re Mass, In re Omans, Amelia Aviation v. City of San José, Comcast of California II, L.L.C. v. City of San José, Horta v. City of San José, et al.; (B) to confer with Legal Counsel regarding anticipated litigation (a) of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code.

By unanimous consent, Council reconvened from Closed Session and recessed at 10:42 a.m. and reconvened at 1:30 p.m. in Council Chambers, City Hall.

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

Absent: Council Members: None.

Invocation (District 8)

Silver Creek High School NJROTC Color Guard & Drill Teams led the Invocation.

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

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

Documents Filed: None.

Discussion/Action: This item was deferred to 10/14/03.

CONSENT CALENDAR

Upon motion by Council Member Williams, seconded by Vice Mayor Dando, and unanimously carried, the Consent Calendar was approved. Vote: 11-0-0-0.

2.1 Approval of City Council Minutes for:

(a) Regular meeting of May 6, 2003

(b) Regular meeting of May 13, 2003

(c) Regular meeting of May 20, 2003

(d) Joint City Council/Redevelopment Agency Board meeting of May 13, 2003

Documents Filed: (1) Regular meeting minutes of May 6, 2003. (2) Regular meeting minutes of May 13, 2003. (3) Regular meeting minutes of May 20, 2003. (4) Joint City Council/Redevelopment Agency Board meeting minutes of May 13, 2003.

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

2.2 Final adoption of ordinances:

(a) ORD. NO. 26983 – Approves the assignment of the Commercial Solid Waste and Recyclables Collection Franchise from Greenteam of San José dba GT Waste to Waste Connections of California, Inc.

Documents Filed: Proof of publication of title of Ordinance No. 26983 executed on September 23, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26983 was adopted. Vote: 11-0-0-0.

(b) ORD. NO. 26984 – Prezones certain real property situated on the southwest corner of Baton Rouge and North Capitol Avenue to A(PD) Planned Development Zoning District. PDC 03-034

Documents Filed: Proof of publication of title of Ordinance No. 26984 executed on September 23, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26984 was adopted. Vote: 11-0-0-0.

(c) ORD. NO. 26985 - Prezones certain real property situated on the west side of North King Road, approximately 250 feet southerly of Commodore Drive to A(PD) Planned Development Zoning District. PDC 02-104

Documents Filed: Proof of publication of title of Ordinance No. 26985 executed on September 23, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26985 was adopted. Vote: 11-0-0-0.

(d) ORD. NO. 26986 - Rezones certain real property situated on the southwest corner of McKee Road and José Figueras Avenue to CN Commercial Neighborhood Zoning District. C 03-048.

Documents Filed: Proof of publication of title of Ordinance No. 26986 executed on September 23, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26986 was adopted. Vote: 11-0-0-0.

2.3 Approval of appointments to the City of San José Housing Trust Fund Board. (Mayor)

(Deferred from 9/2/03 – Item 2.7 et al., and 9/16/03 – Item 2.7)

Documents Filed: None.

Discussion/Action: This item was deferred to October 7, 2003.

2.4 Approval of a Non-Exclusive Installation and Property Use Agreement Between the City of San José and Aeronautical Radio, Inc. for the installation of antenna and related communication equipment to support the operations of the Federal Transportation Security Administration at the Norman Y. Mineta San José International Airport, for a period of ten years from the date of approval, at no charge to Aeronautical Radio, Inc. CEQA: Resolution Nos. 67380 and 71451, PP 03-09-274. (Airport)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated September 10, 2003, recommending approval of said agreement.

Discussion/Action: The said Non-Exclusive Installation and Property Use Agreement was approved. Vote: 11-0-0-0.

2.5 Adoption of a resolution authorizing the City Manager to negotiate and execute a fourth amendment and continuation agreement to the consultant agreement with BearingPoint, Inc., for services in connection with the selection and implementation of an Integrated Airport Accounts Receivable and Property Management System, to extend the term of the agreement from June 30, 2003 to June 30, 2004, at no increase in total compensation. CEQA: Not a Project. (Airport)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated September 10, 2003, recommending approval of said resolution.

Discussion/Action: Resolution No. 71762, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Fourth Amendment and Continuation Agreement With BearingPoint, Inc., For Services in Connection With the Selection and Implementation of An Integrated Airport Accounts Receivable and Property Management System, Continuing the Term From June 30, 2003 to June 30, 2004 with no Increase in Compensation”, was adopted. Vote: 11-0-0-0.

2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute the third amendment to the Line of Credit Agreement with Across the Bridge Foundation, Inc. to provide for the fourth and final $150,000 installment of a multi-year no interest gap financing Line of Credit, increasing the line of credit amount to $600,000 for the operation of Downtown College Prep Charter School. CEQA: Not a Project. Council District 3. SNI: University. (City Manager’s Office)

Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, dated September 24, 2003, recommending the adoption of said resolution.

Discussion/Action: Resolution No. 71763, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute the Third Amendment to the Line of Credit Agreement with Across the Bridge Foundation, Inc. for the Operation of Downtown College Prep Charter School to Provide the Final Installment of a No Interest Gap Financing Loan”, was adopted. Vote: 11-0-0-0.

2.7 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #3, and authorization for the Director of General Services to execute the purchase orders. CEQA: See memo for CEQA designation(s). (General Services)

Documents Filed: Memorandum from Director of General Services Jose Obregon, dated September 10, 2003, recommending the approval of said award.

Discussion/Action: The award of purchase orders List #3 for FY 2003-2004 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.

2.8 Report on Request for Quotation and award for replacing light fixtures at the San José Convention Center Parking Garage with Ray Scheidts Electric, Inc. (San José, CA), for a total cost of $102,644 including tax and freight, and authorization for the Director of General Services to execute the service order. CEQA: Not a Project. (General Services)

Documents Filed: Memorandum from Director of General Services Jose Obregon, dated September 10, 2003, recommending approval of said award with Ray Scheidts Electric, Inc.

Discussion/Action: The Report on Request for Quotation and said award with Ray Scheidts Electric, Inc. was approved and execution of the service order was authorized. Vote: 11-0-0-0.

2.9 (a) Approval of award for the purchase of annual service maintenance for the Library Department’s Self Check and Theft Detection Equipment and software with 3M Library Service Systems (St. Paul, MN), for a total cost of $103,663.51, and authorization for the Director of General Services to execute the purchase order; and

(b) Award purchase orders to renew service maintenance for up to four additional one-year periods without further Council action other than the appropriation of funds.

CEQA: Not a Project. (General Services)

Documents Filed: Memorandum from Director of General Services Jose Obregon, dated September 10, 2003, recommending the approval of said award and said purchase orders.

Discussion/Action: The award of said purchase with 3M Library Service Systems and award of said purchase orders were approved and execution of the purchase orders was authorized. Vote: 11-0-0-0.

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

(a) Execute a Maintenance Agreement with Printrak International Inc., a Motorola Company (“Printrak”), for hardware and software for the Automated Fingerprint Identification System (AFIS) and associated equipment maintained by the Central Identification Unit, in an amount not to exceed $362,913, for the period October 1, 2003 through September 30, 2004; and

(b) Exercise up to four (4) one-year options to extend the term of the agreement with Printrak, in an amount not to exceed $362,913 for each of the 4 years, without further Council action other than the appropriation of funds for each option year.

CEQA: Not a Project. (General Services/Police)

Documents Filed: Memorandum from Director of General Services Jose Obregon and Acting Chief of Police Thomas R. Wheatley, dated September 16, 2003, recommending the adoption of said resolution.

Discussion/Action: Resolution No. 71764, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute An Agreement with Printrak International, Inc., For Hardware and Software For the Automated Fingerprint Identification System (AFIS)”, was adopted. Vote: 11-0-0-0.

2.11 Adoption of a resolution:

(a) Authorizing the City Manager to submit a grant application in an amount not to exceed $200,000 to the California Department of Parks and Recreation - Office Of Grants And Local Services’ Recreational Trails Program for the acquisition and/or development of property associated with the Willow Glen Spur Trail Project; and in order to receive any funds awarded, the City will be required to provide a match equal to 20%, of which 5% must come from a non-federal source.

(b) Authorizing the City Manager to negotiate and execute all agreements and documents necessary for the receipt of any award made as a result of the aforementioned application, including relevant project completion reports and payment requests.

CEQA: Exempt, PP03-09-296. Council District 6. (Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated September 10, 2003, recommending the adoption of said resolution and said authorization to the City Manager.

Discussion/Action: Resolution No. 71765, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit An Application to the California Department of Parks and Recreation – Office of Grants and Local Services’ Recreational Trails Program for a Grant for the Willow Glen Spur Trail Program for a Grant for the Willow Glen Spur Trail Project in an Amount Not to Exceed $200,000, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 11-0-0-0.

2.12 (a) Adoption of a resolution initiating proceedings and setting October 14, 2003 at 1:30 p.m. as the date for Council consideration of 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: (1) Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated September 10, 2003, recommending the adoption of said resolution. (2) Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated September 10, 2003, recommending the adoption of said resolution.

Discussion/Action: Resolution No. 71766, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for the Annexation and Detachment of Certain Uninhabited Territory Designated as Berryessa No. 67 and Described Herin, and Setting the Date and Place for Consideration of Such Reorganization” and Resolution No. 71767, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for the Annexation and Detachment of Certain Uninhabited Territory Designated as McKee No. 122 and Described Herein, and Setting the Date and Place for Consideration of Such Reorganization”, were adopted. Vote: 11-0-0-0.

2.13 Approval of a consultant agreement with CCS Planning and Engineering, Inc. to provide environmental documentation and right-of-way engineering for the Senter Road Widening Project in an amount not to exceed $373,001, with a term from the date of execution to December 31, 2004. CEQA: Not a Project. Council Districts 2 and 7. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated September 10, 2003, recommending approval of said consultant agreement.

Discussion/Action: The said consultant agreement with CCS Planning and Engineering, Inc. was approved. Vote: 11-0-0-0.

2.14 Adoption of a resolution setting a public hearing on October 21, 2003 at 7:00 p.m. for the approval of a freeway agreement with the State of California’s Department of Transportation for the Route 880 at Coleman Avenue Interchange Project. CEQA: Resolution No. 71488, PP03-02-071. Council District 3. (Transportation)

Documents Filed: Memorandum from Director of Transportation James R. Helmer, dated September 10, 2003, recommending the adoption of said resolution.

Discussion/Action: Resolution No. 71768, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing on October 21, 2003 for the Approval of a Freeway Agreement with the California Department of Transportation for the Route 880 at Coleman Avenue Interchange Project”, was adopted. Vote: 11-0-0-0.

2.15 Approval of the second amendment to the agreement for consultant services between the City of San José and Kimley-Horn and Associates, for the design of the Silicon Valley - ITS (SV-ITS) Fremont-Milpitas Project, to extend the current term of the agreement to March 31, 2004, at no additional cost. CEQA: Not a Project. (Transportation)

Documents Filed: Memorandum from Director of Transportation James R. Helmer, dated September 15, 2003, recommending the approval of said second amendment to said agreement between the City of San José and Kimley Horn and Associates.

Discussion/Action: The said second amendment to the said agreement for consultant services between the City of San José and Kimley Horn and Associates was approved. Vote: 11-0-0-0.

2.16 Approval of Council Member Linda LeZotte’s travel to Vancouver, British Columbia, Canada, October 2-3, 2003 for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit. Funding: San José/Silicon Valley Chamber of Commerce. (LeZotte)

(Rules Committee referral 9/24/03)

Documents Filed: Memorandum from Council Member LeZotte, dated September 30, 2003, recommending approval of said travel arrangements for Council Member LeZotte.

Discussion/Action: The travel arrangements for Council Member LeZotte to Vancouver, British Columbia, Canada was approved. Vote: 11-0-0-0.

2.17 Approval of Mayor Gonzales' and Joe Guerra's travel to Vancouver, British Columbia, Canada, October 2-3, 2003 for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit. Funding: Silicon Valley Chamber of Commerce. (Mayor)

(Rules Committee referral 9/24/03)

Documents Filed: Memorandum from Mayor Gonzales, dated September 26, 2003, recommending travel arrangement for Mayor Gonzales and Budget and Policy Director Joe Guerra to Vancouver, British Columbia, Canada.

Discussion/Action: The travel arrangement for Mayor Gonzales and Budget and Policy Director Joe Guerra to Vancouver, British Columbia, Canada from October 2-3, 2003, was approved. Vote: 11-0-0-0.

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – September 17, 2003

Vice Mayor Dando, Chair

Documents Filed: The Rules Committee Report for September 17, 2003.

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

(b) City Council

(1) Review September 30, 2003 Draft Agenda

The Committee recommended approval of the September 30, 2003 City Council agenda with one addition.

(2) Add New Items to September 23, 2003 Amended Agenda

· Mayor and Council Member Requests

· City Manager Requests

· City Attorney Requests

· City Clerk Requests

The Committee recommended six additions to the September 23, 2003 City Council agenda.

(3) List of Reports Outstanding. Attachment: Report from the City Manager’s Office, dated September 23, 2003 Council Agenda.

The Committee noted and filed the City Manager’s report listing two staff reports outstanding for the September 23, 2003 Council agenda.

(c) Legislative Update

(1) State

This item was reported at the September 23 2003 Council meeting.

(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. Attachment: Seven memoranda, dated September 17, 2003, regarding recommendations and questions related to “Getting Families Back to Work” from the following Council Members: Council Member LeZotte, Council Member Williams, Council Member Chavez, Council Member Campos, Council Member Gregory, Council Member Cortese, and Vice Mayor Dando.

The Committee directed the Administration and the City Attorney to report back to the Rules Committee on September 24, 2003 with their analysis and recommendations on the seven Council Members’ memoranda related to “Getting Families Back to Work”.

(h) Oral communications – None were presented.

(i) Adjournment

The meeting adjourned at 2:40 P.M.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Williams, and unanimously carried, the Rules Committee Report and Actions of September 17, 2003, were approved. Vote: 11-0-0-0.

3.4 Approval of the timeline for a Request for Proposals for the management and operation of the Convention Center, and any other cultural facilities. CEQA: Not a Project. (City Manager’s Office)

Documents Filed: (1) Supplemental memorandum from Acting Director of Employee Services Kay Winer, dated September 26, 2003, responding to the questions raised by the Rules Committee at its September 24, 2003 meeting regarding the City’s Wage Policies as they may relate to the RFP for the Convention Center and other cultural facilities. 2) Memorandum from Acting Director of Employee Services, Kay Winer, dated September 20, 2003, recommending approval of the timeline for a Request for Proposals for the management and operation of the Convention Center and any other cultural facilities.

Discussion/Action: Phaedra Ellis-Lamkins, Jim Peterson and Daniel Fenton spoke on the issue. Council Member Chavez asked Staff to consider what the primary function of the convention center to bring in funds to the City or is it a facility to ensure Downtown continues to bring in people to promote local businesses. She asked Staff to take into consideration the suggestions brought forth from the Getting Families Back to Work study sessions and to integrate those issues into a broad RFP to allow flexibility. Deputy City Manager Kay Winer stated information from the Visitor’s Bureau and other interested parties would be incorporated into the RFP as well as the policies that give preference to the local art groups. Vice Mayor Dando asked if issues of labor peace were integrated within the contracts. City Attorney Richard Doyle replied issues of labor peace are contained within the contracts as a remedy or default in the event of a breach or failure of a contract that the issue of labor peace cannot be controlled in cases of work stoppage or threats of work stoppage, and the issue is being redefined to insure adherence. Council Member Chavez moved approval of Staff’s recommendation, directed Staff to return to Council with the RFP proposal and to accept the timeline with additional changes: (1) include formal feedback between Staff and the Conventions Visitor’s Bureau, Southbay Labor Council and the community and to incorporate their requests, (2) incorporate issues raised by Council as it relates to the RFP. Council Member Reed seconded the motion. The timeline for a Request for Proposals for the management and operation of the Convention Center, and any other cultural facilities with the addition of said direction was approved. Vote: 11-0-0-0.

3.5 City staff presentation on the public notification and dissemination of information in Public Safety Investigations.

(Cortese)

(Continued from 9/23/03 – Item 3.5)

Documents Filed: Hardcopy of the Police Shooting Flow Chart.

Discussion/Action: Aram James, Brandon Nguyen, Darlen Wallach, Rick Callendar, Lan Hai Nguyen, The-Vu Nguyen, Lan Nguyen, Sam Ho-Kim Sanh, Dennis Chiu, Thomas Nguyen, Dang Bui, Felicita Ngo, William Garbett, Stephen Hazel, Thoai Le, Buong Nguyen, Nam Nguyen, Gary Wood, Loann Nguyen, and Richard Konda spoke on the issue. City Attorney Doyle presented an overview describing the four component process of how the City of San José handles police shooting incidents. Deputy Chief of Police (BFO), David Delgado and Deputy Chief of Police Bureau of Investigations Rob Davis presented an introduction to the role of the Police Department in cases of police shootings and the components within it. Santa Clara County Deputy District Attorney Lane Liroff presented the roles of the District Attorney’s office within the police shooting process. Independent Police Auditor Teresa Guerrero delivered a presentation on her role within the police shooting process and the methodology she uses to produce the report delivered to the City Council.

Council Member Cortese asked Staff if the shooting review panel engages the community or reports out to the community soon after an incident. Independent Police Auditor Guerrero stated the Chief of Police prepares the public reports in such cases. City Attorney Doyle stated the homicide unit initially reviews the report and then the shooting panel reviews the report and decides what should be done but overall, the most important issue is to not compromise the criminal investigation. Council Member Cortese asked staff how information from the review process is sent to Council. City Manager Del D. Borgsdorf stated the information is presented to Council through the normal Council meeting process unless it has a particular urgency. Council Member Cortese asked Staff why the Independent Police Auditor was not a part of the initial interview process. Deputy Chief of Police Delgado expressed his concern about including the Independent Police Auditor in the investigation process due to the possibility that the member of the Police Auditor’s office could be subpoened. Vice Mayor Dando asked what the roles of the Federal Bureau of Investigation and the Department of Justice played in the process. Deputy Chief of Police Delgado stated both investigation agencies have the authority to investigate any officer-involved shooting and the Police department was contacted by them and the documentation related to the case was given to them. Vice Mayor Dando asked Staff how information was given to the public and to family members involved with the case. Independent Police Auditor Guerrero stated her office takes the responsibility of providing information to the family and public but confidential information is treated as confidential.

In response to Council Member Gregory, Deputy Chief of Police Delgado stated shotting panel reviews occur after an investigation and at the conclusion of the Grand Jury. Council Member Gregory asked Staff if the Police Department interacted with any social justice agencies and activist groups in cases dealing with police related shootings. Deputy Chief of Police Bureau of Investigations Davis stated many community groups are interacted with when a case interrelates to community issues and phone calls are taken and returned. Council Member Gregory asked Staff when a civil case of the process could be conducted. City Attorney Doyle stated the sharing of information was prohibited until after the criminal investigation process was complete but during that time, a civil process can begin and it can either be stayed or continued.

Council Member Williams suggested the victims or victims’ families involved in the process should be continually informed by a designated point person throughout the process of any updates or changes being made on their cases and the point person should be someone who is appropriate for addressing the victim’s environment and any cultural issues that arise. Council Member Yeager asked Staff if a witness interview process was voluntary and if they were allowed to have an attorney. Acting Fire Chief Delgado stated the interview process is voluntary unless the witness becomes a suspect, and the witness was allowed to request an attorney at any time to which the interview process was ceased.

Council Member Yeager asked if a translator was provided during the interview and what role the District Attorney played. Acting Fire Chief Delgado responded that a translator was provided upon request and noted the past difficulties they have had with some translators was the fluency of their language skills and stated the interviews were tape recorded to which the District Attorney could intervene at any time they felt it was needed. Council Member Campos asked Staff when a public forum can be conducted pertaining to police-related shootings and who is typically in attendance at the forums to provide answers to the public. Independent Police Auditor Guerrero stated public forums are typically scheduled at the end or beginning of the audit and as an example, the last public forum conducted included her office, a member of the District Attorney’s Office, Internal Affairs, the Chief of Police, and an attorney who practices in cases involving the use of force.

Council Member Campos asked Staff as to how useful were public forums and was the information provided sufficient to the public’s needs. Independent Police Auditor Guerrero stated the public forum was conducted as an informational meeting and provided the public with a broader perspective of the situation, she felt the forum was a success and the mission to inform the public was met. Council Member Campos expressed her concerns whether the process as a whole was considered a fair one, if the public received the information they sought and she wanted to ensure the public forums were sensitive to cultural and language barriers to ensure the community received the information they requested. The City staff presentation on the public notification and dissemination of information in Public Safety Investigations was accepted.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1 Report of the Building Strong Neighborhoods Committee – September 15, 2003

Council Member Chavez, Chair

Documents Filed: The Building Strong Neighborhoods Committee Report for September 15, 2003.

(a) Discussion of Trails Prioritization. Attachment: Memorandum from Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated September 3, 2003, providing a Trail Program Update.

This was an informational report and no formal actions were taken.

(b) City’s Volunteer Program. Attachment: Memorandum from Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated August 29, 2003, providing a Volunteer San José Program Update.

The Committee accepted the Volunteer San José Program Update with direction to Staff to include in the next update:

· Cal/Trans

· High Schools

· Special steps to assist volunteers

(c) Report on Strengthening the Boards and Commissions. Attachment: Memorandum from City Manager Del D. Borgsdorf, dated September 5, 2003, recommending approval of Staff’s report on strengthening the City’s Boards and Commissions and the direction contained therein.

The Committee accepted the Strengthening Boards & Commissions Report with direction to Staff to include the additional suggestions as discussed:

· Involve the Council Offices

(d) Oral petitions – None.

(e) Adjournment

The meeting adjourned at 2:58 P.M.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Building Strong Neighborhoods Report and Actions were approved. Vote: 11-0-0-0.

4.3 PUBLIC HEARING and adoption of a resolution approving the designation of the Moody Flats Apartment Building on a 0.15 gross acre site, located at 311 N. Second Street, as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature. (Henry R. Lutz, Owner). CEQA: Exempt, PP03-07-248. SNI: 13^th Street. (Planning, Building and Code Enforcement)

HL 03-148 - District 3

Documents Filed: (1) Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated September 10, 2003, recommending the adoption of said resolution. (2) Proof of publication of Notice of Public Hearing, executed on August 20, 2003, submitted by the City Clerk. (3) Affidavit of Routing for Resolution No. 71769 from City Clerk Patricia L. O’Hearn, dated October 9, 2003. (4) Affidavit of Mailing for Resolution No. 71769 from City Clerk Patricia L. O’Hearn, dated October 9, 2003.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Yeager, and unanimously carried, the Public Hearing was held and Resolution No. 71769, entitled: “Resolution of the Council of the City of San José Designating, Pursuant to the Provisions of Chapter 13.48 of Title 13 of the San José Municipal Code, the Moody Flats Apartment Building Located 311 North Second Street, As A Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of A Historic Nature”, was adopted. Vote: 10-0-0-1. Disqualified: Gonzales.

RECREATION & CULTURAL SERVICES

5.2 Report on bids and award of contract for the Evergreen Community Center Expansion Rebid Project to the low bidder, I.C.C. General Contractors in the amount of $949,347, to include base bid and Add Alternates 1a, 1b, 2, 3, 5, 7, and 8, and approval of a contingency in the amount of $93,000. CEQA: Exempt, PP02-05-103. Council District 8. (Public Works/Parks, Recreation and Neighborhood Services)

Documents Filed: (1) Memorandum from Director of Public Works Katy Allen and Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated September 26, 2003, providing additional information after bids were opened. (2) Memorandum from Director of Public Works Katy Allen and Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated September 10, 2003, recommending the award of said contract.

Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Chavez, and unanimously carried, the award of said contract with the low bidder, L.C.C. General Contractors with the related contingency was approved. Vote: 11-0-0-0.

5.3 Recommendation of the Parks and Recreation Commission to name a one-third acre park at Scott Street and Menker Avenue “Buena Vista Park.” (City Clerk/Parks and Recreation Commission)

(Rules Committee referral 9/24/03)

Documents Filed: Memorandum from City Clerk Patricia L. O’Hearn, dated September 19, 2003, recommending the naming of the one-third acre park at Scott Street and Menker Avenue, “Buena Vista Park”.

Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Chavez, and unanimously carried, the naming of the City-owned facility to Buena Vista Park was approved. Vote: 11-0-0-0.

TRANSPORTATION SERVICES

6.1 Report of the Building Better Transportation Committee – September 8, 2003

Council Member Cortese, Chair

Documents Filed: The Building Better Transportation Report of September 8, 2003.

(a) Expansion and Improvement of Transit and Transportation Systems – No items

(b) Traffic Relief/Safe Streets

(1) Report on Construction Impact Mitigation Plan (CIMP) Outreach. Attachment: Memorandum from City Manager Del D. Borgsdorf and Executive Director of Redevelopment Agency Susan F. Shick, dated August 28, 2003, recommending the acceptance of the said report and discussion of a proposed ordinance amending Title 13 of the Municipal Code to revise Chapter 13.36 setting forth a requirement that a Construction Impact Mitigation Plan be prepared for all major construction projects, unless the City has otherwise entered into a Cooperation Agreement requiring such a Plan.

SEE ITEM 6.2 FOR COUNCIL ACTION TAKEN

(2) School Transportation Safety Programs. Attachment: Memorandum from Director of Transportation James R. Helmer and Acting Chief of Police Thomas R. Wheatley, dated August 25, 2003, updating the Building Better Transportation Committee on the School Transportation Safety programs.

The Committee accepted the written status report.

(c) Supporting Smart Growth – No items

(d) Regional Relationships/Funding/Policy

(1) State, Federal, and Local Legislative Update. Attachment: Memorandum from Director of Transportation James R. Helmer and Director of Intergovernmental Relations Betsy Shotwell, dated August 21, 2003, recommending the acceptance of the Legislative Report.

The Committee received the written status report.

(2) Santa Clara Valley Transportation Agency (Valley Transportation Authority), Valley Transportation Plan (VTP) 2020 Update. Attachment: Memorandum from Director of Transportation, James R. Helmer, dated August 25, 2003, recommending the receipt of an overview of the VTP 2030 updated process and referral to Council to adopt the projects and priorities for VTA’s Local Streets and County Roads Program.

SEE ITEM 6.3 FOR COUNCIL ACTION TAKEN

(e) Oral petitions – None.

(f) Adjournment

The Committee was adjourned at 3:20 P.M.

(Deferred from 9/23/03 - Item 6.1)

Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Williams, and unanimously carried, the Building Better Transportation Committee Report and Actions of September 8, 2003 were approved. Vote: 11-0-0-0.

6.2 (a) Approval of an ordinance amending Titles 13 and 15 of the San José Municipal Code to revise Chapters 13.36 and 15.50, setting forth a requirement that a Construction Impact Mitigation Plan be prepared for all major construction projects in the public right of way, unless the City has otherwise entered into a Cooperation Agreement requiring such a Plan.

(b) Adoption of a resolution amending Resolution No. 71216 to take effect on 11/13/03 establishing an administrative fine of $5,000 per day for violations of the Construction Impactt Mitigation Plan requirements.

(City Manager’s Office/Redevelopment Agency)

[Building Better Transportation Committee referral 9/8/03 – Item 6.1(b)(1)]

(Deferred from 9/23/03 - Item 6.2)

Documents Filed: None.

Discussion/Action: This item was deferred to October 7, 2003.

6.3 Adoption of a resolution selecting candidate transportation improvement projects as part of the Valley Transportation Authority's Local Streets and County Roads program. (Transportation)

[Building Better Transportation Committee referral 9/8/03 – Item 6.1(d)(2)]

(Deferred from 9/23/03 - Item 6.3)

Documents Filed: Memorandum from Director of Transportation James R. Helmer, dated September 24, 2003, recommending the adoption of said resolution.

Discussion/Action: Council Member LeZotte asked Staff why the Winfield Boulevard extension was still included on the VTA Local Streets and County Roads Program List of Candidate Projects after she had repeatedly requested the Planning department to remove it. Director of Transportation Jim Helmer stated the Winfield Boulevard extension is identified as a connection between two major roadways and would result in the construction of a bridge and the project is also contained within the City’s five-year CIP and in the General Plan.

Vice Mayor Dando stated the project was deferred eight years ago due to the project being so extensive and pending the completion of the 85/87 interchange but since then, she has requested Staff drop the project from the VTA listing and the General Plan. Council Member Gregory requested Staff make a correction to the Senter Road Widening project to be called the Tully Road to Singleton. Council Member Cortese asked Staff if outreach was done pertaining to the VTA listing and if the list could be added to or changed if approved by Council. Director Helmer stated Council action taken today would be a resolution of support for the actions taken and Staff would take in Council’s input over the next two months and return to the Building Better Transportation Committee in November with a more comprehensive and prioritized listing. Council Member Cortese asked Staff to address the issue of geographic equity within their report in November.

Upon motion by Vice Mayor Dando, seconded by Council Member LeZotte, and unanimously carried, Resolution No. 71770, entitled: “A Resolution of the Council of the City of San José Selecting Candidate Transportation Improvement Projects As Part of the Valley Transportation Authority’s Local Streets and County Roads Program”, was adopted with the exclusion of the Winfield Blvd. Extension from the VTA Local Streets and County Roads Program List of Candidate Projects and for Staff to consider removing the Winfield Blvd. Extension from the General Plan. Staff was directed to make a correction to the Senter Rd. Widening project to be called the Tully Rd to Singleton project and address the issue of geographic equity pertaining to prioritizing VTA projects and the fair dispersal of funds and to return to the Building Better Transportation Committee with a status update. Vote: 11-0-0-0.

6.4 (a) Approval of an ordinance amending Sections 22.01.070 and 22.01.080 of Chapter 22.01 of Title 22 of the San José Municipal Code authorizing the Director of Convention, Arts & Entertainment to reduce facility fees for the use of the Convention and Cultural Facilities; and

(1) Authorizing the Director of Convention, Arts & Entertainment to reduce or increase flat parking rates;

(2) Establishing incremental parking rates for non-event days; and

(3) Including the convention center garage in the Downtown Retail Validation Program.

CEQA: Exempt, PP03-09-297. Council District 3. (Conventions, Arts and Entertainment/Transportation).

Documents Filed: None.

Discussion/Action: This item was deferred to October 7, 2003.

6.5 PUBLIC HEARING and adoption of a resolution vacating a portion of a Public Service Easement (PSE) along the right-of-way of a private street (formerly Technology Drive) between Skyport Drive and Sonora Avenue. CEQA: Resolution No. 69421. Council District 3. (Public Works)

Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated September 10, 2003, recommending the adoption of said resolution. (2) Proof of publication of Resolution No. 71729 executed on September 17, 2003, submitted by the City Clerk.

Discussion/Action: Williams Garbett spoke on the issue. Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Public Hearing was held and Resolution No. 71771, entitled: “Resolution of the Council of the City of San José Vacating a Portion of a Public Service Easement on the Vacated Technology Drive Between Skyport Drive and Sonora Avenue”, was adopted. Vote: 11-0-0-0.

6.6 Adoption of a resolution supporting the Santa Clara Valley Transportation Authority’s (VTA) Community Design and Transportation Program. CEQA: Resolution No. 65459, PP03-09-301. (Transportation/Planning, Building and Code Enforcement)

Documents Filed: Memorandum from Director of Transportation James R. Helmer and Director of Planning, Building & Code Enforcement Stephen Haase, dated September 18, 2003, recommending adoption of said resolution.

Discussion/Action: Council Member Chavez requested Staff ensure VTA guidelines are adhered to when prioritizing VTA projects. Upon motion by Council Member Chavez, seconded by Council Member Williams, and unanimously carried, Resolution No. 71772, entitled: “A Resolution of the Council of the City of San José Supporting the Santa Clara Valley Transportation Authority’s Community Design and Transportation Program”, was adopted. Vote: 11-0-0-0.

ENVIRONMENTAL & UTILITY SERVICES

7.1 PUBLIC HEARING on approval of an ordinance amending Title 20 of the San José Municipal Code to modify and add provisions related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-224. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). (Planning, Building, and Code Enforcement)

(Continued from 8/19/03 - Item 7.1 and 9/23/03 - Item 7.1)

Documents Filed: None.

Discussion/Action: This item was deferred to October 7, 2003.

7.2 PUBLIC HEARING on proposed revisions to the City Council Policy on Post-Construction Urban Runoff Management in order to:

(1) Maintain consistency with the requirements of the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (NPDES MS4 Permit) issued to the City of San José and the other co-permittees that constitute the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP); and

(2) Establish a waiver program that will allow project proponents to request a waiver from the requirement to install treatment Best Management Practices (BMPS) for a given project, upon an appropriate showing of impracticability, and with provision to treat an equivalent pollutant loading or quantity of stormwater runoff, or provide other equivalent water quality benefit. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-225.

(Planning, Building, and Code Enforcement)

(Continued from 8/19/03 - Item 7.2 and 9/23/02 - Item 7.2)

Documents Filed: None.

Discussion/Action: This item was deferred to October 7, 2003.

AVIATION SERVICES

8.1 Approval of a master agreement with Gilbane Building Company for professional services associated with construction of capital improvements for the Norman Y. Mineta San José International Airport Master Plan, in an amount not to exceed $15,000,000, for a term from the date of execution through January 31, 2008. CEQA: Resolution Nos. 67380 and 71451, PP 03-08-266. (Public Works)

(Deferred from 9/16/03 – Item 8.1)

Documents Filed: Memorandum from Director of Public Works Katy Allen and Aviation Director Ralph G. Tonseth, dated August 25, 2003, recommending approval of said master agreement with Gilbane Building Company.

Discussion/Action: Council Member Reed asked Staff if they would be returning to Council with the results from the sub-consultants selections. Director of Public Works Katy Allen stated Staff would provide Council with the local preferences and the sub-consultants that are achieving work through the contract. Council Member Chavez moved approval of Staff’s recommendation to approve said Master agreement.

Vice Mayor Dando seconded the motion. City Attorney Richard Doyle stated his Staff is currently working on the issue of local preference and are seeking findings that support the justification of giving preference to local companies. Mayor Gonzales referred to Page 3 of the Master agreement and asked Staff to clarify the Gilbane Building Company maintaining their corporate offices in San Jose during the building of the contract. Deputy Director of Public Works Dave Clark stated the Gilbane Building Company wanted to build some field offices in San Jose rather than corporate offices and also showed interest in expanding their organization as well. On a call for the motion, the said Master agreement was approved with the direction for Staff to return to Council with a progress report pertaining to the results of the sub-consultant selection process. Vote: 11-0-0-0.

JOINT COUNCIL/REDEVELOPMENT AGENCY

The Redevelopment Agency Board convened to consider items 10.1, 10.2, and 10.3 in a joint session at 5:13 P.M.

10.1 Approval of remaining recommendations related to policy changes and initiatives related to economic development and outcomes from the Getting Families Back to Work study sessions. (Mayor)

(Continued from 9/16/03 – Item 10.1)

Documents Filed: (1) Memorandum from Mayor Gonzales, Council Member Cortese, Council Member Chavez, Council Member Gregory and Council Member Yeager, dated September 30, 2003, recommending the approval of the recommendations contained therein from the Mayor’s memorandum, dated September 11, 2003. (2) Memorandum from the Small Business Development Commission, dated September 25, 2003, submitting their Local Small Business (LSB) Program proposal. (3) Memorandum from City Manager Del D. Borgsdorf, dated September 24, 2003, recommending the acceptance of the report for purposes of discussion and to forward the information for consideration at the September 30, 2003 City Council meeting.

Discussion/Action: Council Member Cortese commented the Mayor and City Council has made a strong effort to ensure the Getting Families Back to Work policies and initiatives are structured towards the community and the workers of San Jose. Council Member Chavez moved approval of the remaining recommendations related to policy changes and initiatives related to economic development and outcomes from the Getting Families Back to Work study sessions as stated in the Mayor Gonzales’, Council Members Cortese, Chavez, Gregory and Yeager, dated September 30, 2003 recommending approval of the recommendations contained therein and to include a correction to Item F, Page 5 of the document to strike out a reference to a pilot program and put an implementation of a one-start. Council Member Gregory seconded the motion. He expressed his appreciation for the work and effort made by Staff and the initiative of the Council to put forth said memorandum representing the commitment made by Council to ensure the community’s ability to get back to work and find employment. Council Member Williams expressed his support of the motion and encouraged the Council to support the recommendations and their assurance the priorities entailed will be adhered to. Council Member LeZotte expressed concern pertaining to automatic fee renewals on a temporary basis after 18 months and about the accuracy of the unemployment rate specified within the document.

Mayor Gonzales stated the unemployment rate specified in the document was based on the national basis and assured Council that upon return of the issues in 18 months, it will also undergo additional mid-course corrections. Council Member LeZotte expressed her concern regarding the Floor Area Ratios and the historical review process and requested that Staff assure Council that the process will return for further evaluation before final approval in 18 months. Vice Mayor Dando requested Staff to refer section C, Part 2, Item 1 of the memorandum to the City Manager, City Attorney and the Small Business Commission Task Force for further evaluation and to return to Council in 30 days and expressed concern referring to the Council dropping the moratorium of the small business community as was stated in the original recommendation. Mayor Gonzales stated Council would return before November 4, 2003 with a list of regulations specifying which projects would receive a moratorium.

Virginia Holtz, Brian Grayson, Matt Kamkar, Jim Cuneen, Dennis Chin, Fr. Bill Leininger, Kirsten Isaacson, Phaedra Ellis-Lamkins, Tony Alexander, Autumn Gutierrez, Ed Rast, Neil Struthers, and Betty Feldheym spoke on the issue. Council Member Chavez requested Staff include an progress update within the RFP process pertaining to the development of an incentive program for building developers to build multiple floor complexes above the standard four floor buildings. On a call for the question, the memorandum from Mayor Gonzales, Council Members Cortese, Chavez, Gregory and Yeager, dated September 30, 2003, was approved. Vote: 11-0-0-0.

10.2 Approval of proposed Design Guidelines for the Guadalupe River Park and Gardens. (Redevelopment Agency/City Manager’s Office)

Documents Filed: None.

Discussion/Action: This item was deferred to October 7, 2003.

10.3 Adoption of resolutions by the City Council and Redevelopment Agency Board approving a Memorandum of Understanding between the City of San José and BEA Systems, Inc., and authorizing the City Manager and the Executive Director to negotiate a Development Agreement with BEA Systems, Inc., to facilitate the expansion of the company’s corporate headquarters located on North First Street in the Rincon de Los Esteros Redevelopment Project Area to 2.8 million square feet. CEQA: Not a Project. (City Manager’s Office/Redevelopment Agency)

(Rules Committee referral 9/24/03)