MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, SEPTEMBER 3, 2002

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

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

Absent: Council Members - None.

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In re Bauer; (2) In re Brittell.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:55 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

Absent: Council Members - None.

Invocation

Pastor R. G. Moore - Church On The Rock delivered the invocation. (District 8)

Pledge of Allegiance

Mayor Gonzales led in the Pledge of Allegiance.

Orders of the Day

Upon motion by Council Member Chavez, seconded by Council Member Reed, and unanimously carried, Item 1.5 was dropped, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Vice Mayor Shirakawa, Jr.

CEREMONIAL ITEMS

1.1 Presentation of plaques to Jay Anne Benton for 4 years service on the Disability Advisory Commission, to Charlotte Howard for 4 years 7 months service on the Disability Advisory Commission, to Lila Kraai for 5 years service on the Disability Advisory Commission, to Richard Patterson for 4 years service on the Disability Advisory Commission, to Ernest Guzman for 4 years service on the Library Commission, to Michael Leung for 4 years 7 months service on the Library Commission, to Frederic Begun for 4 years 7 months service on the Parks and Recreation Commission, to Garry Cheney for 4 years service on the Parks and Recreation Commission, to John Guisto for 3 years 7 months service on the Parks and Recreation Commission, to Margaret Hardy for 4 years service on the Senior Citizens Commission, to Elva Jones for years service on the Senior Citizens Commission, to Lee Ann McClenahen for 4 years service on the Senior Citizens Commission, to Patricia Moriarty for 5 years service on the Senior Citizens Commission, to Surjit Bains for 4 years service on the Traffic Appeals Commission, and to Andrew Sanford for 2 years service on the Traffic Appeals Commission. (Mayor)

Documents Filed: None.

Discussion/Action: Mayor Gonzales presented the plaques to the commissioners who were present. Plaques will be mailed to commissioners who were not present.

1.4 Presentation of a commendation to Joy of Dancing for 25 years of dance in the community. (Reed)

Documents Filed: None.

Discussion/Action: Council Member Reed joined Mayor Gonzales at the podium to present the commendation to Joy Sinnott for her dedication to the dance in the community.

1.5 Presentation of a commendation to Van Le, Chris Hagopian, and Rachel Wang of Sierramont Middle School for winning 1st, 2nd, and 3rd place in the School is Cool Poster Contest sponsored by Junior Achievement and the Sharks Foundation. (Reed)

Documents Filed: None.

Discussion/Action: This item was dropped from the Agenda.

1.6 Recognition of the Mayor’s Gang Prevention Task Force’s receipt of the “Frederick Milton Thrasher Award” for the exemplary program for gang prevention and intervention from the National Gang Crime Research Center. (Mayor)

(Rules Committee referral 8/28/02)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the podium were Chief William Lansdowne and Lt. Richard Saito of the San Jose Police Department, Neil Rufino from Parks, Recreation and Neighborhood Services, Mark Buller of the District Attorney’s Office, Harold MacLean of the Santa Clara County Probation Department, Conrad Solaris from California Youth Outreach and Buu Thai from Catholic Charities of the Mayor’s Gang Prevention Task Force to receive the “Frederick Milton Thrasher Award” for the exemplary program for gang prevention and intervention from the Gang Crime Research Center.

1.7 Presentation of a commendation to Santa Clara/San José Water Pollution Control Plant for their outstanding implementation of the San José Smart Energy Plan. (Mayor) (Rules Committee referral 8/28/02)

Documents Filed: None.

Discussion/Action: Mayor Gonzales presented Carl Mosher with the commendation for the implementation of the San Jose Smart Energy Plan. Fran McVey was not in attendance but was also recognized.

1.9 Presentation of a commendation to Rachel Stone, a graduate of Notre Dame High School, who has served as a Youth Commissioner for District 2. (Williams)

(Rules Committee referral 8/28/02)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the podium was Council Member Williams to present Rachel Stone with the commendation for her outstanding service as Youth Commissioner.

CONSENT CALENDAR

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

2.2 Final adoption of ordinances:

(a) ORD. NO. 26709 – Amends Section 23.04.020 of Chapter 23.04 of Title 23 of the San José Municipal Code to include regulations of skyline signs and roof signs within the area bounded by US Highway 101, Interstates 237 and 880, and the Guadalupe River and to make additional minor modifications.

Documents Filed: None.

Discussion/Action: This item was deferred to September 17, 2002, at the request of Council Member Reed.

(b) ORD. NO. 26710 – Amends and restates Chapter 17.72 of Title 17 of the San José Municipal Code, Property Blight, in order to reorganize the Chapter, to make clarifying changes, to specify landscaping requirements for single family dwellings and parkstrips, to modify landscaping requirements for multifamily dwellings, to specify storage requirements for certain items in residential zones, and to change the title of the chapter to “Community Preservation.”

Documents Filed: Proof of Publication of the title of Ordinance 26710 executed on August 27, 2002, submitted by the City Clerk.

Discussion/Action: William J. Garbett spoke on the issue. Ordinance No. 26710 was adopted. Vote: 11-0-0-0.

(c) ORD. NO. 26711 – Amends Section 20.30.430 of Chapter 20.30 of Title 20 of the San José Municipal Code to amend the provisions related to parking and storage of trailers and recreational vehicles in the front setback of residentially-zoned properties.

Documents Filed: Proof of Publication of the title of Ordinance No. 26711 executed on August 27, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26711 was adopted. Vote: 11-0-0-0.

(d) ORD. NO. 26712 – Amends Section 20.10.080 of Chapter 20.10 and adds a new Section 20.20.230 to Chapter 20.20, all of Title 20 of the San José Municipal Code , to add a setback exception to the A-Agriculture and OS-Open Space Zoning Districts under certain conditions and to add a provision that designates properties in the City with no specific zoning designation as A-Agriculture.

Documents Filed: Proof of Publication of the title of Ordinance No. 26712 executed on August 27, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26712 was adopted. Vote: 11-0-0-0.

(e) ORD. NO. 26713 – Rezones certain real property situated on the east side of Curtiss Avenue, approximately 500 feet south of Willow Street.

PDC 01-08-084

Documents Filed: Proof of publication of the title of Ordinance No. 26713 executed on August 27, 2002, submitted by the City Clerk

Discussion/Action: Ordinance No. 26713 was adopted. Vote: 11-0-0-0.

(f) ORD. NO. 26714 - Rezones certain real property situated on the west side of Boynton Avenue, approximately 400 feet southerly of Stevens Creek Boulevard (339 Boynton Avenue). PDC 02-028

Documents Filed: Proof of Publication of the title of Ordinance No. 26714 executed on August 27, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26714 was adopted. Vote: 11-0-0-0.

(g) ORD. NO. 26715 - Rezones certain real property situated on the north side of Story Road, approximately 1,150 feet easterly of South White Road (14271 Story Road). PDC 01-086

Documents Filed: Proof of Publication of the title of Ordinance No. 26715 executed on August 27, 2002, submitted by the City Clerk

Discussion/Action: Ordinance No. 26715 was adopted. Vote: 11-0-0-0.

(h) ORD. NO. 26716 - Rezones certain real property situated on the south side of Shortridge Avenue, approximately 330 feet west of S. Thirtieth Street. C 02-041

Documents Filed: Proof of Publication of the title of Ordinance No. 26716 executed on August 27, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26716 was adopted. Vote: 11-0-0-0.

(i) ORD. NO. 26717 - Rezones certain real property situated on the southwestern corner of Canoas Garden Avenue and Almaden Expressway. C 02-052

Documents Filed: Proof of publication of the title of Ordinance No. 25717 executed on August 27, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26717 was adopted. Vote: 11-0-0-0.

(j) ORD. NO. 26718 - Rezones certain real property situated on the westerly side of Stockton Avenue between Cinnabar Street and Lenzen Avenue. PDCSH 01-03-038

Documents Filed: Proof of Publication of the title of Ordinance No. 26718 executed on August 27, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26718 was adopted. Vote: 11-0-0-0.

(k) ORD. NO. 26719 - Rezones certain real property situated on the northeast corner of Keyes and S. Tenth Streets. PDC 01-10-095

Documents Filed: Proof of Publication of the title of Ordinance No. 26719 executed on August 27, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26719 was adopted. Vote: 11-0-0-0.

2.3 Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Alameda Sidewalk Replacement Project with a net impact to the fund of $102,605. CEQA: Not a Project. Council District 6. (City Manager’s Office)

Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, dated
August 14, 2002, recommending adoption of said appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Project Fund.

Discussion/Action: Ordinance No. 26725, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Services for Redevelop-ment Capital Projects Fund for the Alameda Sidewalk Replacement Project; and Providing that this Ordinance shall become Effective Immediately Upon Adoption”; and Resolution No. 71188, entitled, “A Resolution of the City of San José Amending Resolution No. 71072 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2002-2003 to Adjust Revenues in the Redevelopment Capital Projects Fund”, were adopted. Vote: 11-0-0-0.

2.4 Adoption of a resolution amending the FY 2002-03 Schedule of Fees and Charges to make technical corrections to the Fire Department fees. CEQA: Not a Project. (City Manager’s Office)

Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, dated
August 14, 2002, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71189, entitled: “A Resolution of the City Council of the City of San José Amending Sections 2.050, 2.060, 2.070, and 2.100 of Resolution No. 71036 to make Technical Corrections to the 2002-2003 Fire Department Fees in Accordance with the Fees and Charges Report Approved by the City Council”, was adopted. Vote: 11-0-0-0.

2.5 Adoption of an appropriation ordinance amendment in the Library Construction and Conveyance Tax Fund for the Branch Library Bond Project with a net impact to the fund of $89,000. CEQA: Not a Project. (City Manager’s Office)

Documents Filed: Memorandum from Budget Director Larry D. Lisenbee, dated
August 14, 2002, recommending adoption of said appropriation ordinance amendment in the Library Construction and Conveyance Tax Fund for the Branch Library Bond Project.

Discussion/Action: Ordinance No. 26726, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Monies in the Construction Tax and Property Conveyance Tax Fund; Library Purposes for the Branch Library Bond Project; and Providing that this Ordinance shall become Effective Immediately Upon Adoption” was adopted. Vote: 11-0-0-0.

2.6 Approval of City Manager Del Borgsdorf’s travel to Austin, Texas, from September 18-19, 2002, to attend a Governing Magazine Conference, to lead a City team to do presentations on employee involvement and community security. CEQA: Not a Project. (City Manager’s Office)

Documents Filed: Memorandum from City Manager Del D. Borgsdorf, requesting approval to travel to Austin, Texas.

Discussion/Action: The travel for City Manager Borgsdorf was approved. Vote: 11-0-0-0.

2.7 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #4, and authorization for the Director of General Services to execute the purchase orders. CEQA: Exempt, PP02-08-230. (General Services)

Documents Filed: Memorandum from Director of General Services Jose Obregon, dated August 14, 2002, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List 4 was approved and the Director of General Services was authorized to execute to the purchase orders. |
Vote: 11-0-0-0.

2.8 Adoption of a resolution accepting $6,000 in donations from the Friends of the Willow Glen Library for the acquisition of materials. CEQA: Not a Project. (Library)

Documents Filed: Memorandum from Library Director Jane Light, dated August 14, 2002, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71190, entitled: “A Resolution of the City Council of the City of San José Accepting a Donation from the Friends of the Willow Glen Library in the Amount of $6,000”, was adopted. Vote: 11-0-0-0.

2.9 Adoption of a resolution to vacate the 20-foot Public Service Easement on the easterly side of Lots 1, 2, 3, 4, and 5 of Tract 9357 and setting a public hearing on September 24, 2002 at 1:30 p.m. CEQA: Exempt. Council District 8. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated
August 14, 2002, recommending adoption of a resolution to vacate the 20-foot public service easement on the easterly side of Lots 1, 2, 3, 4 and 5 of Tract 9357 and setting a public hearing on September 24, 2002.

Discussion/Action: Resolution No. 71191, entitled “A Resolution of the City Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate the 20 foot wide Public Service Easement of Lots 1, 2, 3, 4 and 5 of Tract 9357”, was adopted. Vote: 11-0-0-0.

2.10 Approval of an agreement with the San José Water Company for installation of water facilities to serve the new Blossom Hill Branch Library Project for the period August 20, 2002 to January 31, 2004 in an amount not to exceed $109,197. CEQA: Exempt, H01-12-081. Council District 10. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated
August 14, 2002, recommending approval of said agreement with the San José Water Company.

Discussion/Action: The agreement with the San José Water Company for said project was approved and its execution authorized. Vote: 11-0-0-0.

2.11 Approval of the Freeway Maintenance Agreement with the State of California providing for the maintenance of the proposed Bailey Avenue/Route 101 Interchange. CEQA: Resolution No. 68705. Council District 2. (Public Works)

(Deferred from 8/13/02 – Item 2.9 et al., and 8/27/02 – Item 2.11)

Documents Filed: None.

Discussion/Action: This item was deferred to September 17, 2002.

2.12 Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to the Joint Use with the Santa Clara Valley Water District for the Gregory Street Bridge to make the agreement non-revocable and to place responsibility on the City to pay for replacement of the City’s improvements in the event they are destroyed for flood control purposes. (Parks, Recreation and Neighborhood Services)

(Rules Committee referral 8/28/02)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated August 29, 2002, recommending adoption of said resolution authorizing the City Manager to negotiate and execute an amended Joint Use Agreement with the Santa Clara Valley Water District for the Gregory Street Pedestrian Bridge.

Discussion/Action: Resolution No. 71192, entitled “A Resolution of the City Council of the City of San José Delegating Authority to the City Manager to Negotiate and Execute an Amendment to the Joint Use Agreements with the Santa Clara Valley Water District for the Gregory Street Pedestrian/Bicycle Bridge Project”, was adopted. Vote: 11-0-0-0.

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – August 21, 2002

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: Rules Committee Report of August 21, 2002

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

(b) City Council

(1) Review September 3, 2002 Draft Agenda

The Committee recommended approval of the September 3, 2002 Council agenda with four additions.

(2) Add New Items to August 27, 2002 Amended Agenda

The Committee recommended one addition and dropped one item from the August 27, 2002 Council agenda.

(3) Review September 3, 2002 General Plan Hearing Agenda

The Committee recommended approval of the September 3, 2002 General Plan Hearing agenda.

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee - None filed.

(b) Economic Development and Environment Committee

The Committee recommended an addition to the September 9, 2002 agenda entitled, “Approval of various actions related to the Mayfair Neighborhood Acquisition/Rehabilitation Pilot Program”

(c) Education, Neighborhoods, Youth, and Seniors Committee - None filed.

(d) Meeting Schedules. Attachment: Memorandum from Nadine Nader, Senior Executive Analyst, dated August 21, 2002 requesting scheduling of a Study Session.

The Committee recommended a Study Session on Thursday, September 26, 2002, 11 a.m. – 1 p.m. to discuss “Tunneling of BART to San Jose.”

(e) The Public Record

The Committee noted and filed the Public Record.

(f) Boards, Commissions and Committees - There were none.

(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee - There were none.

(h) Administrative Reviews and Approval

(1) Workload assessment to review Black Chamber of Commerce’s City funded programs

City Auditor Jerry Silva stated he would update the Committee as his staff proceeds with its review of the Black Chamber of Commerce’s City funded programs.

(i) Oral communications - None were presented.

(j) Adjournment - The meeting adjourned at 2:20 P.M.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., Council Member Chavez, and unanimously carried, the Rules Committee Report and actions of August 21, 2002 were accepted. Vote: 10-0-1-0. Absent: LeZotte.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 (a) Adoption of a resolution by the City Council approving the sale of the project site (located at 2191 Alum Rock Avenue) to Ketzal Community Development Corporation (Ketzal), accepting the 33433 Summary Report and Re-Use Valuation, and finding that the sale of the property will provide housing for low-income persons, is consistent with the Implementation Plan for the San José Merged Redevelopment Project Area and that the consideration for the property is not less than the fair reuse value for the proposed use, with the covenants and conditions and development costs authorized by the Disposition and Development Agreement (DDA).

(b) Adoption of a resolution by the City Council and Agency Board approving the DDA between the City of San José, the Redevelopment Agency, and Ketzal for the development of a for-sale affordable housing project to be located at 2191 Alum Rock Road, and authorizing the City Manager and the Executive Director to negotiate and execute amendments to the DDA as may be reasonably required by the Developer’s lender, and authorizing the City Manager to convey the property to Ketzal once the conditions of conveyance have been met.

(Housing)

Documents Filed: Memorandum from Director of Housing Leslye Corsiglia, dated August 14, 2002, recommending adoption of a resolution approving a Disposition and Development Agreement (DDA) between the City of San José and Ketzal Community Development Corporation (KETZAL), an affiliate of the Mexican American Community Services Agency, Inc. (MACSA), for the development of 66 units of for-sale condo-miniums on .60 acres of land located at 2191 Alum Rock Avenue.

Discussion/Action: See Item 10.1 for Council action taken.

4.3 Adoption of a resolution:

(a) Approving a loan of up to $8,950,000 and a conditional grant of up to $5,290,000 to Almaden Family Housing Partners, L. P., or its designated partnership, for the development of the Almaden Family Apartments, a 225-unit family rental development located at 1525-1541 Almaden Road.

(b) Finding that the use of redevelopment funds for the project is of benefit to the Redevelopment Project Areas in San José. CEQA: Negative Declaration, PDC98-089. Council District 7.

(Housing)

Documents Filed: None.

Discussion/Action: This item was deferred to September 24, 2002.

4.4 Adoption of a resolution:

(a) Authorizing the Director of Housing to negotiate and execute an agreement for the purchase of a 4.99-acre parcel located on the east side of Evans Lane, approximately 800 feet northerly of Curtner Avenue for $8,550,000 from the Valley Transportation Authority for the development of affordable housing.

(b) Finding that the use of redevelopment funds for the purchase of the property is of benefit to the Redevelopment Project Areas in San José. CEQA: Exempt, PP02-08-228. Council District 6.

(Housing)

Documents Filed: Memorandum from Director of Housing Leslye Corsiglia, dated August 14, 2002, recommending adoption of said resolution.

Discussion/Action: William J. Garbett spoke on the issue. Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, Resolution No. 71193, entitled: “A Resolution of the City Council of the City of San José Authorizing the Director of Housing to Negotiate and Execute: (1) A Purchase of Property for Affordable Housing for an Amount Not To Exceed $8,550,000 from the Santa Clara Valley Transportation Authority; and (2) Any Other Necessary Documents Required to Complete the Transactions”, was adopted. Vote: 11-0-0-0.

RECREATION & CULTURAL SERVICES

5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee –
August 19, 2002

Documents Filed: Education, Neighborhoods, Youth, and Senior Committee Report of August 19, 2002.

(a) Youth Commission Monthly Report. Attachment: Memorandum from San José Youth Commission Chairperson Jennifer Hernandez dated August 7, 2002, transmitting said report.

The Committee accepted the report.

(b) Update Report from the Airport Ombudsman and Noise Monitoring Center. Attachment: Memorandum from Airport Ombudsman Cathy Gaskell dated August 6, 2002, transmitting said report.

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

· Report in November has the following information:

§ Overall view of what happens to screeners, both those retained and those not, including data on other agencies and resources that are assisting.

§ If the Federal Law states it must be demonstrated why a person was not hired, when they are already qualified to do the job.

§ Timeframe of when negotiations will begin to revise contract language with air carriers.

§ Strategies to tag curfew hours onto contracts.

§ Number of flights that show take-off times earlier than 6:30.

· One sheet document to Counsel offices with numbers to call for “screener” inquires.

· Attorney’s office to advise if the subject of negotiations with airlines can be a Closed Session item.

· Ralph Tonseth, Director of Aviation, to attend November 18 Education, Neighborhoods, Youth, and Senior Committee meeting to discuss posted flight schedules.

(c) Quarterly Report on new Martin Luther King, Jr. Library. Attachment: Memorandum from Library Director Jane Light dated August 7, 2002, transmitting said report.

The Committee accepted the report.

(d) Status Report on Citywide Trail Projects. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated August 19, 2002, transmitting said report.

· The October report to the Education, Neighborhoods, Youth, and Senior Committee include the following:

§ Standards for maintenance of trails. Compare County’s with City’s.

§ Citywide Trail map showing placement of rangers.

§ Status of installation of signage on trails indicating, i.e., pedestrians stay to the right, motorized vehicles to the left.

§ Comparison between City and County Park Ranger job descriptions, as well as pay scale for the position.

§ Telephone number for citizens to call with concerns/complaints and a strategy for mass distribution of this number.

§ Status of hour change at Almaden Lake Park to open at 6:00 a.m. for users of the Los Alamitos and Guadalupe Creek Trail.

§ Department of Transportation to give a status report/timeline to the September 16 Education, Neighborhoods, Youth, and Senior Committee of when system-wide directional signage on trails will be completed.

(e) Oral petitions - None.

(f) Adjournment

The meeting was adjourned at 2:45 p.m.

Discussion/Action: Regarding the Independent Police Auditor’s booklet, “The Student’s Guide to Police Officer,” Council Member Reed noted that money had been budgeted for the booklet and its translation to be available on the Web and asked if this had been done. Sara Hensley, Director of Parks, Recreation & Neighborhood Services, responded that Staff is in the process of doing that. Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee report and actions of August 19, 2002 were accepted. Vote: 11-0-0-0.

5.2 Final Public Hearing and approval of the following actions related to the formation of Community Facilities District No. 8 (Communications Hill):

(a) Adoption of a resolution for each of the following items to:

(1) Form Community Facilities District No. 8 and authorize the levy of a special tax.

(2) Call for a special election for Community Facilities District No. 8.

(3) Declare the results of the special election; and if approved, direct the recording of the notice of the special tax lien for the District.

(b) Approval of an ordinance imposing the levy of special taxes within Communities Facilities District No. 8.

Council District 7. CEQA: Not a project. (Public Works)

(Deferred from 8/20/02 – Item 5.5)

Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated
July 31, 2002, recommending Council continue the public hearing opened on August 6, 2002, and take said actions related to the formation of Community Facilities District
No. 8 (Communications Hill). (2) Memorandum from Director of Public Works Katy Allen, dated August 27, 2002, amending the proposed boundary map, and recommending Council continue the public hearing opened on August 6, 2002, and take said actions related to the formation of Community Facilities District No. 8 (Communications Hill). (3) Official Ballot Results of Special Election, Communities Facilities District No. 8, dated September 3, 2002, tabulated by the Office of the City Clerk, confirming 88.9% of qualified landowner votes were returned and 100% voted in favor of the measure, which meets the two-thirds of voter approval requirement.

Discussion/Action: Mayor Gonzales opened the Public Hearing. Director of Public Works Katy Allen reported that there were no additional comments received since the last report to Council. William Garbett spoke about the item. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Public Hearing was continued, and Resolution No. 71194, entitled: “A Resolution of the City Council of the City of San José Establishing Formation of the City of San Jose Community Facilities District No. 8 (Communications Hill), Authorizing the Levy of a Special Tax within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District”; Resolution No. 71195, entitled: “A Resolution of the City Council of the City of San José Calling a Special Election within Community Facilities District No. 8 (Communications Hill)”; Resolution No. 71196, entitled: “A Resolution of the City Council of the City of San José Declaring Results of a Special Election and Directing Recording of Notice of Special Tax Lien”; and Ordinance No. 26727, entitled: “An Ordinance of the City of San José Levying Special Taxes Within City of San José Community Facilities District No. 8 (Communications Hill)”; were adopted. Vote: 10-0-1-0. Absent: Diquisto.

ENVIRONMENTAL & UTILITY SERVICES

7.1 Authorization to submit the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board in conformance with the City’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (NPDES) permit requirements, pursuant to the Federal Clean Water Act by the September 15, 2002 due date. (Environmental Services)

(Deferred from 8/27/02 – Item 7.3)

Documents Filed: (1) Memorandum from Council Member Yeager dated September 3, 2002, recommending (a) Approval of the Annual Report on the Urban Runoff Management Plan. (b) Direct staff to respond to concerns raised in the Santa Clara Valley Audubon Society’s (SCVAS) report entitled, “Stormwater and Sediment: An Evaluation of San José’s Construction-site Monitoring and Enforcement Program.” (c) Concerns that should be addressed include the following: level of resources dedicated to enforcement of water pollution requirements; organization of record-keeping; documentation and amount of enforcement carried out by construction inspectors; standard operating procedures for field inspectors when documenting their daily activities; enforcement procedures when a violation of water pollution regulations is observed; ability of local, regional, and state staff to share information on ways to have more effective and efficient monitoring and enforcement; ability to increase the number of inspectors or issue fewer rainy-season grading permits. (2) Memorandum from Director of Environmental Services, Carl W. Mosher, dated August 7, 2002, recommending authorization for submittal of the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board in conformance with the City’s municipal Separate Storm Sewer System National Pollutant Discharge Elimination System permit requirements, pursuant to the Federal Clean Water Act. (3) Supplemental memorandum from Director of Environmental Services, Carl W. Mosher, dated August 14, 2002, providing a copy of the complete Urban Runoff Management Plan Annual Report and attachments. (4) Report entitled: City of San José Urban Runoff Management Plan Annual Report 2001-200.2

Discussion/Action: Council Member Yeager stated he had distributed a memorandum agreeing that the report should be approved; however, a report issued by the Audubon Society regarding Storm Water and Sediment, and Evaluation of San Jose’s Construction Site and Monitoring Investment Program, raised concerns. He requested that a response to these concerns be included in the motion. Regarding the Neighborhood Clean-up Program, Council Member Yeager questioned why motor oil, paint, and other household hazardous waste materials were not included in the program. Carl Mosher, Director of Environmental Services, responded that Staff hopes to further develop the Household Hazardous Program and will be reporting back to Council. Regarding the memorandum from the Audubon Society, Council Member Reed expressed concern that the City could have clean water violations and may be in violation of the NPDES permit with the Regional Board; and that if the City cannot comply, there is a risk of California Environmental Quality Act (CEQA) problems, so that when the City approves projects that have storm water run-off controls as a mitigation measure, it puts the whole project at risk of being stalled during the rainy season. He requested a Staff response to these

concerns. Council Member LeZotte stated that the concerns raised by the Audubon Society are ongoing and they have been attempting to bring this problem to the attention of the City Council and Staff. Council Member Williams asked if the City could defend itself in terms of challenges with run-off as discussed in the Audubon Society report, and can the City satisfy Regional and State requirements. Director Mosher responded that the City meets the conditions of the Storm Permit, a team has been formed related to this issue, and Staff will report back to Council on what is proposed to do this winter. Council Member Williams asked why the City has not dealt with the issues raised by the Audubon Society. Director Mosher explained that there are two phases of a project, (1) when draining operation occurs, and (2) when construction of the project takes place. He stated that there has been a communication gap between the Public Works and Building Departments, and Staff is working on issues such as raised by the Audubon Society. Mayor Gonzales called for public testimony and Kelly Crowley, Audubon Society, spoke about this item. Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, the Staff recommendation requesting authorization to submit the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board, was approved, with the amendments contained in Council Member Yeager’s memorandum dated September 3, 2002. Vote: 10-0-1-0. Absent: Diquisto.

AVIATION SERVICES

8.1 Approval of the City’s response to the 2001-2002 Santa Clara County Civil Grand Jury’s report entitled “Review of Customer Service at Norman Y. Mineta San José International Airport.” CEQA: Not a Project. (Airport)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated
August 14, 2002, recommending that the Mayor and City Council accept this response to the 2001-2002 Santa Clara County Civil Grand Jury’s report entitled, “Review of Customer Service at Norman Y. Mineta San José International Airport.”

Discussion/Action: Mayor Gonzales called for public testimony and Sharon Sweeney, Alliance in Support of Airport Progress, spoke on the item. Regarding security, Council Member Dando asked what the Airport is doing to ensure that new security measures do not negatively impact customer service. Airport Director Ralph Tonseth responded that Staff is working daily with contractors installing passenger and baggage screening, as well as working with the Federal government on the best solution for San Jose’s airport. Council Member Dando requested an update on the palm scanners. Director Tonseth explained that San Jose has one on loan to test, which validates an employee’s entrance into the airport; and if it proves viable, this may be part of the total solution. Upon motion by Council Member Williams, seconded by Council Member Reed, and unanimously carried, the City’s response to the 2001-2002 Santa Clara County Civil Grand Jury’s report entitled “Review of Customer Service at Norman Y. Mineta San José International Airport”, was approved. Vote: 11-0-0-0.

PUBLIC SAFETY SERVICES

9.1 Report on bids and award of contract for the Heating, Ventilation & Air Conditioning Fire Stations 3, 5, and 10 Project to the lowest responsive bidder, Chegwin Construction, Inc., in the amount of $598,000, and approval of a contingency in the amount of $60,000. CEQA: Exempt, PP02-06-149. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated august 14, 2002, recommending award of said contract, with related contingency, to the lowest responsive bidder, Chegwin Construction, Inc.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the award of said contract with related contingency, to the lowest responsive bidder, Chegwin Construction, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Yeager.

JOINT COUNCIL/REDEVELOPMENT AGENCY

The Redevelopment Agency Board convened at 2:10 p.m. to consider Item 10.1 in a joint session.

10.1 (a) Adoption of a resolution by the City Council approving the sale of the project site (located at 2191 Alum Rock Avenue) to Ketzal Community Development Corporation (Ketzal), accepting the 33433 Summary Report and Re-Use Valuation, and finding that the sale of the property will provide housing for low-income persons, is consistent with the Implementation Plan for the San José Merged Redevelopment Project Area and that the consideration for the property is not less than the fair reuse value for the proposed use, with the covenants and conditions and development costs authorized by the Disposition and Development Agreement (DDA).

(b) Adoption of a resolution by the City Council and Agency Board approving the DDA between the City of San José, the Redevelopment Agency, and Ketzal for the development of a for-sale affordable housing project to be located at 2191 Alum Rock Road, and authorizing the City Manager and the Executive Director to negotiate and execute amendments to the DDA as may be reasonably required by the Developer’s lender, and authorizing the City Manager to convey the property to Ketzal once the conditions of conveyance have been met.

(Housing) (This Item renumbered from Item No. 4.2)

Documents Filed: None.

Discussion/Action: William J. Garbett spoke on the issue. This item was continued to September 10, 2002.

The Redevelopment Agency Board portion of the meeting adjourned at 2:11 p.m.

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
9165	E/s of US 101 1000 feet n/o Hellyer Ave	8	William Lyon	65 units	MFA	Approve
9422	NE/c Capitol Exwy & Vista Park	7	Pinn Brothers	357 units	MFA	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:

Tract	Location	Council District	Developer	Lots/Units	Type
9447	E/s Narvaez Ave 190 feet n/o Almaden Dr	10	DKB Homes	5 units	Single Family Detached

Open Forum

Charles Agnew, James Sears, Rogelio Lozoya, Alice Ogisikara, Ken Ragge, Tara Koch, Jennifer Vien, Rose McFarland, Rhonda Johnson and Gregory Colburn commented on card room jobs; and Marc Boyd commented on airport quiet zones.

RECESS/RECONVENE

Following Open Forum, the City Council recessed at 2:40 p.m. and reconvened at 7:05 p.m., Council Chambers, City Hall.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

Absent: Council Members - None.

City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications and other actions as recommended. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Council Member Chavez, and unanimously carried, the below noted continuances were granted. Vote: 11-0-0-0.

11.1 PUBLIC HEARING ON STREET RENAMING of a proposed frontage road running parallel to the east of State Highway 87, between the northerly line of West Hedding Street and southerly line of Coleman Avenue to Guadalupe Road. CEQA: Exempt. Historical Landmarks Commission and Director of Planning, Building and Code Enforcement recommend renaming to El Pueblo Viejo. Planning Commission recommends renaming to Guadalupe Parkway Frontage Road (7-0-0).

District 3

(Continued from 12/4/01 – Item 11.1 et al., and 8/20/02 – Item 11.1)

Documents Filed: None.

Discussion/Action: This item was continued to September 17, 2002.

1.2 Presentation of a commendation to Mr. Bryan Hauptman for his heroism in rescuing Mr. Bobby Yount. (Dando/Mayor)

Documents Filed: None.

Discussion/Action: Council Member Dando joined Mayor Gonzales at the podium to commend Mr. Bryan Hauptman for saving the life of Mr. Bobby Yount.

1.3 Presentation of a commendation to Speed City Track Club for a successful season. (Mayor)

Documents Filed: None.

Discussion/Action: Mayor Gonzales invited the Coach of Speed City Track Club Cliff Scott to the podium to receive the commendation for a successful season and invited all the athletes to the podium for a photo.

1.8 Presentation of a commendation to Cortez Rangel for assisting in saving the life of a four-year old girl. (Mayor)

(Rules Committee referral 8/28/02)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the podium were Cortez Rangel and his mother Marie Rangel to receive the commendation for saving the life of a four-year old girl.

4.5 Adoption of a resolution approving the 2002-07 Five-Year Housing Investment Plan. CEQA: Not a Project. (Housing)

[Heard with General Plan Item 2.10(c)]

Documents Filed: (1) Memorandum from Mayor Gonzales, dated September 3, 2002, recommending the following actions regarding the Five-year Housing Investment Plan for Fiscal Years 2002-2007: (a) approve the Housing Investment section of the plan that outlines the City’s financing and production targets for the next five years. (b) conduct the public hearing for the entire five-year plan to hear comments from the Council and public. (c) Direct Housing staff to work with the Mayor’s office to incorporate specific Council concerns and amendments into the plan and to bring the revised plan back for City Council for final approval in two weeks. (2) Memorandum from Director of Housing Leslye Corsiglia dated August 28, 2002, transmitting the 2002-07 Five-Year Housing Investment Plan. (3) Draft report entitled, Five-Year Housing Investment Plan, Fiscal Years 2002/03 – 2006/07, prepared by the City of San José Housing Department, August 28, 2002.

Discussion/Action: See General Plan Agenda Item 2.10(c) for Council discussion and related General Plan action taken. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Resolution No. 71198, entitled: “A Resolution of the City Council of the City of San José Approving the Five Year Housing Investment Plan”, was adopted. Vote: 11-0-0-0.

PUBLIC HEARINGS

11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Cypress Avenue and Adra Avenue, from R-M Residence Zoning District to A(PD) Planned Development Zoning District, to allow demolition of an existing single-family detached house and construction of up to four single-family detached houses. (Emily Chen, Owner/Developer). CEQA: Exempt. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 02-039 - District 1

Documents Filed: (1) Memorandum from Stephen M. Haase, Planning Commission Secretary, dated August 15, 2002, recommending approval of the proposed rezoning. (2) Department of Planning, Building and Code Enforcement Staff Report on Project File No. PDC 02-039 dated August 7, 2002, recommending approval of the proposed rezoning. (3) Proof of Publication of Public Hearing Notice executed on July 30, 2002, submitted by the City Clerk.

Discussion/Action: Upon motion by Council Member LeZotte, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Ordinance No. 26728, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Northeast Corner of Cypress Avenue and Adra Avenue (3475 Adra Avenue )”, was passed for publication. Vote: 9-0-2-0. Absent: Dando, Diquisto.

Adjournment

The Council of the City of San Jose adjourned at 7:19 p.m. to a General Plan hearing.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN

CITY CLERK