MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, SEPTEMBER 23, 2003

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

Present: Council Members: Campos, Chavez, Chirco, Cortese, Dando, Gregory, Reed, Williams, Yeager.

Absent: Council Members: LeZotte; Gonzales.

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 Comcast of California II, L.L.C. 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 and (2) to discuss a matter in the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code.

By unanimous consent, Council reconvened from Closed Session and recessed at 10:45 a.m. and reconvened at 1:34 p.m. in Council Chambers, City Hall.

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

Absent: Council Members: None.

Invocation (District 8)

Most Venerable Thich Giac Luong from the International Sangha Bhiskhu Buddhist Association delivered the Invocation.

Pledge of Allegiance

Vice Mayor Dando led the Pledge of Allegiance.

Orders of the Day

Council Member Reed moved for the deferral of Item 3.5 to October 7, 2003 allow Council to receive more information from the Independent Police Auditor, but to allow the public speakers that were present to speak on the issue today. Council Member Williams seconded the motion and stated the importance of having the key players who have dealt with the issue present at the Council meeting. Council Member Chavez offered a substitute motion to have Council receive Staff presentation on September 30, 2003 and to continue to hear public testimony today and to include the appropriate Staff members to present their feedback on the item. On motion by Council Member Reed, seconded by Council Member Williams and unanimously carried, the substitute motion was approved to be voted on. On a call for the question on the substitute motion, Item 3.5 was deferred to September 30, 2003. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

Upon motion by Council Member Williams, seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved with. Item 3.5 deferred to September 30, 2003. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

CEREMONIAL ITEMS

1.1 Recognition of 15 local businesses that have been certified as Green Businesses by the County’s Green Business Program in collaboration with the City of San José over the past year. (Environmental Services)

Documents Filed: None.

Discussion/Action: Vice Mayor Dando was joined at the podium by Director of Environmental Services Carl Mosher to recognize Bella Mia Restaurant, Chaco’s, Chinese Gourmet Express, Chow Ciao Café, Environmental Planning Consultants, Foothill Presbyterian Church, Gordon Biersch, Hilton San José Towers, La Taqueria, Laurel’s Delights, Middlebrook Gardens, Peggy Sue’s, Rosendin Electric, Senora Emma’s and Sonoma Chicken Coop for being certified as Green Businesses by the County’s Green Business Program in collaboration with the City of San José over the past year.

CONSENT CALENDAR

Upon motion by Council Member Williams, seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.1 Approval of City Council Minutes for:

(a) Regular meeting of April 15, 2003

(b) Joint City Council/Redevelopment Agency Board meeting of April 15, 2003

(c) General Plan meeting of April 15, 2003

(d) Regular meeting of April 22, 2003

(e) Regular meeting of April 29, 2003

(f) Joint City Council/Redevelopment Agency Board meeting of April 29, 2003

Documents Filed: (1) Regular Council meeting minutes of April 15, 2003. (2) Joint City Council/Redevelopment Agency Board meeting minutes of April 15, 2003. (3) General Plan meeting minutes of April 15, 2003. (4) Regular meeting minutes of April 22, 2003. (5) Regular meeting minutes of April 29, 2003. (6) Joint City Council/Redevelopment Agency Board meeting minutes of April 29, 2003.

Discussion/Action: The Regular Council, Joint Council/Redevelopment Agency Board, and General Plan meeting minutes of April 15, 2003, Regular Council meeting minutes of April 22, 2003, and Regular Council and Joint City Council/Redevelopment Agency Board meeting minutes of April 29, 2003 were approved. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.2 Final adoption of ordinances:

(a) ORD. NO. 26976 – Amends Title 2, 4, and 12 of the San José Municipal Code to reflect the change in name of the Campaign Finance Review and Ethics Board to the San José Elections Commission.

Documents Filed: (1) Proof of publication of title of Ordinance No. 26976 executed on September 16, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26976 was adopted. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

(b) ORD. NO. 26979 – Grants a Commercial Solid Waste and Recyclables Collection Franchise to Environmental Solutions Waste Recycling dba Environmental Solutions Debris Box Service.

Documents Filed: Proof of publication of title of Ordinance No. 26979 executed on September 16, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26979 was adopted. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.3 Approval of City Auditor, Gerald Silva’s travel calendar through December 31, 2003. (City Auditor)

Documents Filed: Letter from City Auditor Gerald Silva, dated September 9, 2003, requesting approval of an addition to his travel calendar through December 31, 2003.

Discussion/Action: City Auditor, Gerald Silva’s travel calendar through December 31, 2003 was approved. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.4 (a) Approval of a Side Letter Agreement to Memorandum of Agreement with the International Association of Firefighters, Local 230 to establish premium pay for Paramedic Preceptors.

(b) Effective with the implementation of this agreement, paramedics assigned as preceptors will receive $1,000 after completion of all preceptor program requirements.

CEQA: Not a Project. (Fire)

Documents Filed: Memorandum from Acting Fire Chief Dale Foster, dated September 11, 2003, recommending approval of a said agreement.

Discussion/Action: The agreement was approved. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.5 Approval of the first amendment to the Office Space Lease between the City of San José and Wen Y. Huang, reducing the monthly rent from $56,700 to $10,710, and extending the term of the lease by seven (7) months. CEQA: Exempt, PP03-09-276. (General Services)

Documents Filed: Memorandum from Director of General Services Jose Obregon, dated September 3, 2003, recommending approval of said amendment.

Discussion/Action: The said first amendment to the Office Space Lease was approved. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement amending the Resources for Families and Communities (RFC) contract to extend the term of the agreement to June 30, 2004. CEQA: Resolution No. 71042, PP03-08-271. SNI: Washington. Council District 3. (Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated September 8, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71755, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Continuation Agreement with Resources for Families and Communities for the Washington Neighborhood Revitalization Plan to Extend the Term of the Agreement to June 30, 2004”, was adopted. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.7 Approval of the first amendment to the consultant agreement for the Rincon Storm System Improvements Phase II Project with A-N West, Inc., for design and construction support services, extending the term of the agreement from September 30, 2003 to September 30, 2004, and modifying the hourly rates of compensation. CEQA: Resolution No. 60197, PP00-10-149. Council District 4. (Public Works)

Documents Filed: (1) Supplemental memorandum from Director of Public Works Katy Allen, dated September 16, 2003, providing an update on the project completion date based on new information. (2) Memorandum from Director of Public Works Katy Allen, dated September 3, 2003, recommending approval of said first amendment.

Discussion/Action: The said first amendment to the consultant agreement for the Rincon Storm System Improvement Phase II Project was approved. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.8 Approval of an ordinance amending Chapter 11.48 of Title 11 of the San José Municipal Code for the permanent inclusion of 29 additional block segments into the current Horace Mann and South University Neighborhood residential permit parking zones. CEQA: Exempt, PP03-08-272. SNI: 13th Street, University. Council District 3. (Transportation)

Documents Filed: Memorandum from Director of Transportation James R. Helmer, dated September 3, 2003, recommending approval of said ordinance.

Discussion/Action: William Garbett spoke on the issue. Ordinance No. 26987, entitled: “An Ordinance of the City of San José Amending Sections 11.48.150 and 11.48.160 of Chapter 11.48 of Title 11 of the San José Municipal Code to Permanently Add a Total of 29 Additional Block Segments to the Horace Mann and South University Neighborhood Residential Permit Parking Areas”, was passed for publication. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.9 (a) Approval of Vice Mayor Pat Dando’s travel toVancouver, 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.

(b) Approval of Council Member Cindy Chavez’ travel toVancouver, British Columbia, Canada, October 1-3, 2003 for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit. Funding: Silicon Valley Chamber of Commerce.

(Dando/Chavez)

(Rules Committee referral 9/17/03)

Documents Filed: Memorandum from Vice Mayor Dando, dated September 10, 2003, authorizing travel for Vice Mayor Dando.

Discussion/Action: Vice Mayor Dando’s and Council Member Chavez’ travel to Vancouver, British Columbia, Canada was approved. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.10 (a) Adoption of a resolution authorizing the City Manager to execute all documents necessary to accept a contract with the Department of Health and Human Services to develop a series of deliverables embodying sustainment planning for the Metropolitan Medical Task Force.

(b) Adoption of the following appropriation ordinance and funding source resolution amendments in the General Fund to do the following:

(1) Increase the Citywide Appropriation to the City Manager’s Office for the Metropolitan Medical Task Force by $280,000;

(2) Increase the Revenue from the Federal Government by $280,000.

CEQA: Not a Project. (Emergency Services)

(Rules Committee referral 9/17/03)

Documents Filed: Memorandum from Director of Emergency Services, Frances Edwards-Winslow and Budget Director, Larry D. Lisenbee, dated September 16, 2003, recommending adoption of said resolution, appropriation ordinance and funding source resolution.

Discussion/Action: Ordinance No. 26988, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26916 to Appropriate Moneys in the General Fund for the Metropolitan Medical Task Force; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, Resolution No. 71756, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute All Documents Necessary to Accept a Contract With the Department of Health and Human Services for the Metropolitan Medical Task Force”, and Resolution No. 71757, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71608 Setting Forth the Estimated Sources of Funds for the Fiscal year 2003-2004 to Adjust Revenues in the General Fund”, was adopted. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

2.11 (a) Acceptance of the award of $252,857 to reimburse the General Fund for portions of the overtime expenses of the Police Department and Fire Department related to the Orange Alert during the Iraqi War of Spring 2003.

(b) Adoption of a resolution designating the Director of Finance, the Deputy Director of Finance, or a Principal Accountant of Finance as the City’s authorized representatives to execute for and on behalf of the City any actions necessary for the purpose of obtaining Federal financial assistance under the State Homeland Security Grant Program.

CEQA: Not a Project. (Emergency Services)

(Rules Committee referral 9/17/03)

Documents Filed: Memorandum from Director of Emergency Services, Frances Edwards-Winslow, dated September 16, 2003, recommending the acceptance of said reward and adoption of said resoluton.

Discussion/Action: Resolution No. 71758, entitled: “A Resolution of the Council of the City of San José Authorizing Designated Persons to Execute Any Actions Necessary to Obtain Federal Financial Assistance Under the State Homeland Security Grant Program”, was adopted. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – Meeting of September 10, 2003

Vice Mayor Dando, Chair

Documents Filed: The Rules Committee Report of September 10, 2003.

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

(b) City Council

(1) Review September 23, 2003 Draft Agenda

The Committee recommended approval of the September 23, 2003 City Council agenda with one deferral.

(2) Add New Items to September 16, 2003 Amended Agenda

· Mayor and Council Member Requests

· City Manager Requests

· City Attorney Requests

· City Clerk Requests

The Committee recommended five additions to the September 16, 2003 City Council agenda.

(3) List of Reports Outstanding. Attachment: Report from the City Manager’s Office, dated September 9, 2003, listing two staff reports outstanding for the September 16, 2003 Council agenda.

The Committee noted and filed the City Manager’s report listing two staff reports outstanding for the September 16, 2003 Council agenda.

(c) Legislative Update

(1) State –There was no report.

(2) Federal –There was no report.

(d) Meeting Schedules –There were none.

(e) The Public Record. Attachment: Memorandum from City Clerk Patricia O’Hearn, dated September 4, 2003, transmitting the following item received for the Public Record for August 27 – September 2, 2003: (a) Communication from the Human Rights Commission requesting Council adoption of a resolution opposing draft legislation known as the Patriot Act II.

The Committee recommended Item (a) on the Public Record, the Human Rights Commission’s resolution opposing draft legislation known as the Patriot Act II, be placed for discussion on the September 23, 2003 Council agenda; in addition, Administration was directed to prepare a staff report on Patriot Act II and to verify facts presented on Page Two, paragraph two, of the proposed resolution.

(f) Appointment to Boards, Commissions and Committees – There were none.

(g) Rules Committee Reviews, Recommendations and Approvals

(h) Oral communications – None were presented.

(i) Adjournment

The meeting adjourned at 2:25 P.M.

Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Chavez, and unanimously carried, the Rules Committee Report and Actions of September 10, 2003 were accepted. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

3.2 Report of the Rules Committee – Meeting of September 17, 2003 (Partial)

Vice Mayor Dando, Chair

(c) Legislative Update

(1) State

SEE ITEM 3.6 FOR COUNCIL ACTION TAKEN

Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Chavez and unanimously carried the Partial Rules Committee Report and Actions of September 17, 2003 were accepted. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

3.3 Report of the Making Government Work Better Committee – September 10, 2003

Council Member Campos, Chair

Documents Filed: The Making Government Work Better Committee Report of September 10, 2003.

(a) Status Report on CSA Performance Measurements. Attachment: Memorandum from QUEST Partnership Manager Brooke A. Myhre, dated September 2, 2003, recommending the acceptance of the CSA Performance Measures status report.

The Committee accepted the staff report.

(b) Building Management Audit Report. Attachment: Report from City Auditor, Gerald Silva, dated August 2003, reporting An Audit of the Facilities Management Division of the General Services Department.

The Committee accepted the staff report.

(c) An Audit of the Fleet Management Division of the General Services Department’s Vehicle Replacement Program. Attachment: Memorandum from Director of General Services Jose Obregon, dated September 3, 2003, recommending the acceptance of the Status Report on the Implementation of Mayor’s June Budget Message Recommendations on the Purchasing, Replacement and Loans of City Vehicles.

The Committee accepted the staff report.

(d) Environmentally Preferable Procurement Report. Attachment: Memorandum from Director of General Services Jose Obregon, dated September 3, 2003, recommending the acceptance of the Environmental Procurement status report.

The Committee accepted the staff report and requested that future reports be brought to the Committee in November instead of September.

(e) Oral petitions

None.

(f) Adjournment

The Committee was adjourned at 3:35 P.M.

Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Chavez, and unanimously carried, the Making Government Work Better Report and Actions were accepted. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

3.4 Adoption of a resolution opposing the provisions of the USA Patriot Act that infringe on important civil liberties and any future legislation that infringe upon civil rights and liberties. (City Manager’s Office)

[Rules Committee referral 9/10/03 – Item 3.2(e)]

Documents Filed: Memorandum from Director of Intergovernmental Relations Betsy Shotwell, dated September 19, 2003, recommending the adoption of said resolution.

Discussion/Action: Tom Schinaman, Hilda Arenas, Darlene Wallach, Samina Faheem, Ross Signorino, Lawrence Jensen, Michelle Richardson, David E. Wunsech, Socorro McCorol, Shan Saigal, and Annette Dow spoke on the issue. Council Member Reed expressed his concerns on taking action on an item to which Council received the Staff report an hour before the Council meeting although he understood about the time restraints. He commented on how the City conducts its’ efforts to provide for homeland security and how the tendency for terrorism raises fundamental questions on how we protect our lives and continue to ensure the liberties and rights of the citizens. He commended the Nation for their efforts and work towards ensuring the safety of America but expressed his concerns as to how Arab American, Muslims, Sikhs and other ethnic communities have had their civil liberties violated. He stated the Patriot Act is a lengthy and complicated act, but reading through it has clarified its’ provisions are essential and useful to fight against terrorism, in addition, many of its’ provisions also allow opportunities for the abuse of power by the government. He stated the act itself would be a challenge to change due to the majority of votes it received from the Senate and stated his issue with the draft resolution submitted by Staff is too long in length, the resolution is too narrow which limits the Patriot Act and fails to cover the abuses of power that happened independent of the Act. He stated his support of Staff’s recommendation of adopting said resolution with the following additions to the resolution: (1) The City of San José to urge Congress to identify decisions and policy directives from the Justice Department and the immigration authorities that are discriminatory and require them to be changed. (2) The City of San José should urge Congress to exercise more oversight to ensure that powers granted under the Patriot Act and other federal laws are not abused. (3) The City of San José should urge Congress to require the Department of Justice and Department of Homeland Security to document and report to Congress their uses of power under the Patriot Act in a way that the American people can be assured that abuses are not occurring. (4) The City of San José should urge Congress to require the Inspector General for the Department of Homeland Security to investigate civil rights violations and report to Congress like the Office of Inspector General for Department of Justice. (5) The City of San José should urge Congress to increase the funding for the Office of the Inspector General in both the Department of Justice and Department of Homeland Security so that they can fully investigate complaints in both the Department of Justice and the Department of Homeland Security. (6) The City of San José should urge Congress to make sure that the Department of Justice and the Department of Homeland Security promptly and fully respond to and implement the recommendations from their Inspector Generals.

Council Member Williams moved approval of Staff’s recommendation to include the six addendums as stated by Council Member Reed. Council Member Chavez seconded the motion. Council Member Campos asked Staff why the Staff report did not recommend #4 and #5 from the original resolution. Director of Intergovernmental Relations Betsy Shotwell stated she was unsure as to whether the City could require #4 and #5 due to legal issues and whether the items were classified or feasible. Council Member Campos stated her support of the motion and commented on how the balance of threat against the United States was needed and she hoped the passing of the Patriot Act would help to make an impact in congress and enable individual progress. Council Member Williams stated his support of the motion and commented on how civil liberties in the U.S have been violated since the incidents of terrorism. He stated the City of San José is a diverse community and that has been the City’s strength although the Council doesn’t have all the answers they need to ensure the rights of their constituents. Council Member Cortese stated he would like to add to the motion, to incorporate Paragraphs 4 and 5 of the Human Rights Commission’s Proposed Resolution to the City Council of San José Resolution to read as follows: Paragraph 4: “Encourage City departments to (1) determine how the new federal powers under the Act are affecting residents of the City of San José; (2) monitor requests for cooperation in investigations utilizing those new powers on an ongoing basis; and (3) regularly report their findings to the City Manager for submission to the City Council, to the extents legally possible”, Paragraph 5: “Direct the City Manager to ensure that the San José Police Department and other departments, to the extent legally possible, not officially assist or voluntarily cooperate with investigations, interrogations or arrest procedures, public or clandestine that are in violation of individuals’ constitutionally protected civil rights and civil liberties”.

Council Member Yeager commented on his support for the issue and through his years of working for San José State University teaching American Government, he was amazed as to how many people had not read the American Constitution and encouraged everyone to read it to allow them to truly appreciate their rights as American citizens. Vice Mayor Dando stated with the support of 98% of the senators of the country and 83% of Congress, it is difficult to support the Staff and Council’s recommendations now. She stated by opposing the Patriot Act, Council would be second guessing what the police, FBI, and other law enforcement agencies have already approved. She stated she believes the resolution is too vague to allow Council to have meaningful discussion on the Act, therefore she would not be supporting the issue. On a call for the question, Staff’s recommendation was approved with said additions, and carried unanimously, and Resolution No. 71759, entitled: “A Resolution of the Council of the City of San José to Defend the Bill of Rights and Civil Liberties”, was adopted. Vote: 8-1-2-0. Noes: Dando. Absent: Gonzales, LeZotte.

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

(Cortese)

(Rules Committee referral 9/17/03)

Documents Filed: (1) Memorandum from Independent Police Auditor, Teresa Guerrero, dated September 19, 2003, requesting a deferral of Item 3.5 to September 30, 2003. (2) Memorandum from Mayor Gonzales, dated September 19, 2003, recommending the deferral of Item 3.5 to the October 7, 2003 Council agenda. (3) Letter from President of the San José Police Officers’ Association, dated September 19, 2003, requesting the deferral of Item 3.5 to October 7, 2003.

Discussion/Action: Richard Kondet, John Tennant, Patricia Cirdel, Samina Faheem, Dang Bui, Gary L. Wood, Dennis Chiu, Richard Konda, Thomas Nguyen, The-Vu Nguyen, Sam Ho Kim Sanh, My Phuong, Lan Nguyen, Tim Pham, Nhung Do, Darlene Wallach, Varupa Eniz, and Terry Linder spoke on the issue.

Council Member Cortese asked Staff how issues of police shootings in regards to constituent inquiries are handled by City Administration. Assistant City Manager Mark Linder stated the inquiries are handled by the City Manager’s office and put through the proper processes dependent upon the issue. Council Member Cortese asked Staff if it is upon Council’s discretion to release documents related to police shooting issues, etc. and how are requests like this handled. City Attorney Rick Doyle replied issues such as police shootings are put through the proper processes, but matters such as the Tran shooting are exempt from public disclosure until investigations are complete. Council Member Cortese asked the City Attorney how issues of the police shooting and requests for documents could be handled. City Attorney Doyle stated he would return to Council with further information regarding the requests. Council Member Cortese stated he would like a description of how the Internal Affairs department proceeds in the abstract, referring to how they start, when do they finish and what happens in between. Acting Chief of Police Thomas R. Wheatley stated the process begins immediately and mirrors the investigation process, due to legalities, questions have arisen as to when information will be released. He stated the criminal investigations and Grand Jury proceedings have to be complete before moving further along the process.

Council Member Cortese stressed the importance of rebuilding the trust between the police department and the community and asked Staff what they had currently in place to deal with the issue of building trust and what they needed if possible, from the City Council to assist them. Acting Chief of Police Wheatley stated more training for cadets and police officers were needed but he would report more next week in their detailed report. Council Member Cortese suggested utilizing an Ad-Hoc committee to provide additional input from Council Members to improve recruitment for the Police department and asked Staff how the Independent Police Auditor’s (IPA) office dealt with the public’s inquiries into investigations such as police shootings. Deputy Director Independent Police Auditor Steven Wing stated the IPA offices take complaints and comments from the individuals and forwards them to internal affairs for further investigation, but they are limited to State law in releasing specific information about audits currently taking place. He stated they are allowed to speak to people about general audits and the overall nature of the investigation without releasing the individual details about particular cases. Council Member Cortese asked Staff to return to Council on September 30, 2003 with answers to how personnel is selected for investigations such as police shootings and how does that process work with recruitment.

Council Member Chavez requested a representative from the Federal Bureau of Investigations and the Justice department be present at the September 30, 2003 Council meeting to provide their input in the process of police shootings and for Staff to provide some background as to how the Independent Police Auditor role was developed and thanked the community for coming out to speak on the issue. The City Attorney directed Staff to return to Council with information pertaining to the District Attorney’s deliberations either in open or closed session. Staff directed to include within their presentation to Council on September 30, 2003, clarification pertaining to the Internal Affairs process and how the process is conducted. This item was continued to September 30, 2003.

3.6 Acceptance of draft letter to Governor and the State Legislature supporting the reconvening of the current 2003 Legislative Session for purposes of passing legislation which would extend the otherwise January 1, 2004 sunset of Megan's Law.

[Rules Committee referral 9/17/03 – Item 3.2(c)(1)]

Documents Filed: Memorandum from Director of Intergovernmental Relations Betsy Shotwell, dated September 22, 2003, recommending the acceptance of said draft letter.

Discussion/Action: Council Member Chavez moved approval of Staff’s recommendation. Council Member Campos seconded the motion. Council Member Chavez asked Staff to send the draft letters for Council signature prior to submitting it to the Governor and State Legislature and asked Staff what is the timeframe for them to return to the Rules Committee with specific recommendations they would like to make to Megan’s Law. Deputy Chief of Police Bureau of Investigations Rob Davis stated the process of producing the recommendations were currently in progress and they did have some improvements they would like to submit. Council Member Chavez requested Staff to produce a follow-up memorandum that would transmit their recommendations to Council and enable Council Members to submit recommendations of their own and to add the input from their Council districts as well. Assistant City Manager Mark Linder informed Council the recommendations from Staff would be put onto the Rules Committee for October 1, 2003. Council Member Reed requested Staff to follow up with Council regarding posting information of Megan’s Law onto the internet. On a call for the question, Staff’s recommendation was approved with direction to Staff to send the draft letters for Council signature prior to submission to the Governor and the State Legislature and to follow-up with Council regarding posting information of Megan’s Law on the internet. Vote: 9-0-2-0. Absent: Gonzales, LeZotte.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.3 Approval of the 2002-2003 Consolidated Annual Performance Evaluation Report (CAPER). CEQA: Not a Project. (Housing/Parks, Recreation and Neighborhood Services)

Documents Filed: (1) Supplemental memorandum from Director of Housing Leslye Corsiglia and Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated September 22, 2003, providing the most up-to-date public input made during the public comment period, including actions taken by the Housing and Parks, Recreation and Neighborhood Services Departments to address any concerns. (2) Memorandum from Director of Housing Leslye Corsiglia, dated September 23, 2003, recommending the approval of the 2002-2003 Consolidated Annual Performance Evaluation Report (CAPER).

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Campos, and carried unanimously, the 2002-2003 Consolidated Annual Performance Evaluation Project (CAPER) was approved. Vote: 10-0-1-0. Absent: Gonzales.

4.4 Adoption of a resolution indicating support of the reorganization of the Sphere of Influence boundary between the cities of San José and Morgan Hill to include three parcels (Assessor’s Parcel Numbers 728-35-003, -004, and -005) totaling 2.59 acres within the City of Morgan Hill Sphere of Influence and the detachment of Assessor’s Parcel Number 728-35-005 from the San José municipal boundary, and directing and authorizing the City Clerk to execute a related Consent to Waiver of Protest Proceeding and to forward this resolution to the Local Agency Formation Commission of Santa Clara County (LAFCO). CEQA: Mitigated Negative Declaration of the City of Morgan Hill, File No. EA02-03. Council District 2. (Planning, Building and Code Enforcement).

Documents Filed: Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated September 4, 2003, recommending the adoption of said resolution.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Yeager, and unanimously carried, Resolution No. 71760, entitled: “A Resolution of the City Council of the City of San José Indicating Support For the Proposed Amendment of the Sphere of Influence Boundary Between the Cities of Morgan Hill and San José and the Detachment of Certain Uninhabitated Territory From the City of San José and Directing and Authorizing the City Clerk to Execute a Related Consent to Waiver of Protest Proceedings and to Forward This Resolution to the Local Agency Formation Commission of Santa Clara County”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

RECREATION & CULTURAL SERVICES

5.1 Report of the All Children Achieve Committee – September 11, 2003

Council Member Yeager, Chair

Documents Filed: The All Children Achieve Committee Report of September 11, 2003.

(a) Continuation of Discussion on the Blueprint for Bridging the Digital Divide. Attachments: (1) Memorandum from Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated August 28, 2003, recommending approval of the finalized Blueprint for Bridging the Digital Divide (Blueprint) FY 2003-2004 Strategic Action Plan. (2) Hardcopy of Attachment A: “A Blueprint for Bridging the Digital Divide” Strategic Action Plan 2003-2004 (FY 2001-2002 to 2005-2006). (3) Hardcopy of Attachment B: HNVF Blueprint Related Projects City and Community.

· Update survey report on parent organizations and administrators

The Committee accepted the report.

(b) City/School Collaborative: Update on Opportunities for Joint Use Agreements with School District Partners. Attachment: Memorandum from Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated August 28, 2003, recommending the acceptance of the Joint Planning/Facility Agreements status report.

The Committee accepted the report and agreed to add this item on the work plan for the November 13 meeting.

(c) Presentation on Downtown College Preparatory Academy Charter School

Attachment: Memorandum from Deputy City Manager Jim Holgersson, dated September 8, 2003, transmitting the Downtown College Prep Annual Report of 2002. The Committee accepted the report.

(d) Oral petitions

None.

(e) Adjournment

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

Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Chavez, and unanimously carried, the All Children Achieve Committee Report and Actions were accepted. Vote: 10-0-1-0. Absent: Gonzales.

TRANSPORTATION SERVICES

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

Council Member Cortese, Chair

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

(a) Expansion and Improvement of Transit and Transportation Systems

(1) No items

(b) Traffic Relief/Safe Streets

(1) Report on Construction Impact Mitigation Plan (CIMP) Outreach

SEE ITEM 6.2 FOR COUNCIL ACTION TAKEN

(2) School Transportation Safety Programs

(c) Supporting Smart Growth

(1) No items

(d) Regional Relationships/Funding/Policy

(1) State, Federal, and Local Legislative Update

(2) Santa Clara Valley Transportation Agency (Valley Transportation Authority), Valley Transportation Plan (VTP) 2020 Update

SEE ITEM 6.3 FOR COUNCIL ACTION TAKEN

(e) Oral petitions

(f) Adjournment

Discussion/Action: This item was deferred to September 30, 2003.

6.2 Approval of an ordinance amending Title 13 of the San José 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.

(City Manager’s Office/Redevelopment Agency)

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

Documents Filed: None.

Discussion/Action: This item was deferred to September 30, 2003.

6.3 Adoption of projects and priorities for VTA’s Local Streets and County Road Program. (Transportation)

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

Documents Filed: None.

Discussion/Action: This item was deferred to September 30, 2003.

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)

(Deferred from 8/19/03 – Item 7.1)

Documents Filed: None.

Discussion/Action: This item was continued to September 30, 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)

(Deferred from 8/19/03 – Item 7.2)

Documents Filed: None.

Discussion/Action: This item was continued to September 30, 2003.

AVIATION SERVICES

8.1 Adoption of a resolution authorizing the City Manager to:

(a) Negotiate and execute a Consent and Estoppel Certificate with Bank of America, N.A., consenting to an encumbrance by deed of trust of the leasehold interest of San José Jet Center, Inc. at the Norman Y. Mineta San José International Airport, in a loan amount from Bank of America to San José Jet Center not to exceed $7,000,000.

(b) Negotiate and execute any other document required for the City’s consent to the encumbrance by deed of trust of the leasehold interest of San José Jet Center and loan from Bank of America to San José Jet Center in an amount not to exceed $7,000,000.

CEQA: Resolution Nos. 67380 and 71451, PP03-03-082. (Airport)

(Rules Committee referral 9/17/03)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated September 17, 2003, recommending the adoption of said resolution.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Reed, and unanimously carried, Resolution No. 71761, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Estoppel Certificate with Bank of America, N.A., Consenting to an Encumbrance by Deed of Trust of the Leasehold Interest of San José Jet Center, Inc., in An Amount Not to Exceed $7,000,000 and to Negotiate and Execute Any Other Document Required for the City’s Consent”, was adopted. Vote: 10-0-1-0. Absent: Gonzales.

Closed Session Report

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
9522	Quimby Road s/s 1,700 e/ly of Ruby	8	Santa Clara Valley Housing	48 lots/45 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

Ross Signorino spoke on San José community issues.

Adjournment

The Council of the City of San José adjourned to a Joint City Council/Redevelopment Agency meeting immediately following the Council meeting at 4:40 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK