Memo 2.1E, June 24, 2003

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, NOVEMBER 5, 2002

The Council of the City of San José convened in regular session at 1:35 p.m. in City Council Chambers at City Hall. The regularly scheduled Closed Session at 9:30 a.m. and the regularly scheduled Evening Session were cancelled.

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

Absent: Council Members - Shirakawa, Jr. (excused).

Invocation (District 10)

Pastor Robert Weller, Shepherd of the Valley Lutheran Church, delivered the Invocation.

Pledge of Allegiance

Mayor Gonzales led the Pledge of Allegiance.

Orders of the Day

Upon motion by Council Member Chavez, seconded by Council Member Council Member Dando, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 9-0-2-0. Absent: Diquisto, Shirakawa, Jr.

CEREMONIAL ITEMS

1.1 Presentation of commendations to City Year, the San José Police Officers’ Association, the Santa Clara Deputy Sheriffs’ Association, the Valley Transportation Authority , and the San José Family Violence Center for their time, advertising space, and financial resources contributed over the past five years to the Annual Elected and Public Officials Walk Against Domestic Violence. (Dando)

Documents Filed: None.

Discussion/Action: Mayor Gonzales was joined at the podium by Council Member Dando for presentation of commendations to Don DeMers, representing the San Jose Police Officers Association, Jose Salcido, representing the Deputy Sheriffs’ Associations, Peter Cipolla, representing the VTA, Heather Keag, representing City Year, and Peter Decena, representing The San Jose Family Violence Center in recognition of their support for the City of San José’s October Walk Against Domestic Violence activities.

1.2 Presentation of a commendation to Cypress Senior Center on the occasion of its 20^th anniversary. (LeZotte)

(Rules Committee referral 10/30/02)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales for presentation of a commendation to the Cypress Senior Center, Council Member LeZotte commended the Center for the valuable services provided to Seniors. Accepting on behalf of the Center was Gerontology Supervisor Pat Maier.

CONSENT CALENDAR

Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.1 Approval of City Council Minutes for:

(a) Regular meeting of April 30, 2002

Documents Filed: Minutes of Regular council meeting of April 30, 2002.

Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.2 Final adoption of ordinances:

(a) ORD. NO. 26761 – Amends Section 20.10.610 of Chapter 20.100 of Title 20 of the San José Municipal Code to exempt re-roof projects meeting specified criteria from the requirement of a Site Development Permit; and amends Section 20.30.230 of Chapter 20.30 and Section 20.100.1300 of Chapter 20.100, to modify the size of a substandard lot for residential uses.

Documents Filed: Proof of publication of the title of Ordinance 26761, executed on October 29, 2002, submitted by the City Clerk.

Discussion/Action: William Garbett spoke on the item. Ordinance No. 26761 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

(b) ORD. NO. 26762 – Amends Section 23.04.020 of Chapter 23.04 of Title 23 of the San José Municipal Code to modify the boundary of the Innovation Triangle s/o/a

Documents Filed: Proof of publication of the title of Ordinance 26762 executed on October 29, 2002, submitted by the City Clerk.

Discussion/Action: William Garbett spoke on the item. Ordinance No. 26762 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.2 Final adoption of ordinances:

(c) ORD. NO. 26764 – Amends Title 14 of the San José Municipal Code by adding a new Chapter 14.06 relating to procedures for dispute avoidance and dispute resolution for Public Works construction projects.

Documents Filed: Proof of publication of the title of Ordinance 26764 executed on October 29, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26764 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

(d) ORD. NO. 26765 – Adopts an amendment to The Alameda, Almaden Gateway, Alum rock Avenue, Century Center, East Santa Clara Street, Edenvale, Guadalupe-Auzerais, Japantown, Julian-Stockton, Market Gateway, Olinder, Park Center, Pueblo Uno, Rincon de Los Esteros, San Antonio Plaza, Story Road, and West San Carlos Redevelopment Plans to delete the time limitation on the date to incur debt.

Documents Filed: Proof of publication of the title of Ordinance 26765 executed on October 29, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26765 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.3 Approval of the Fiscal Year 2002-2003 HP Pavilion at San José Capital Repairs and Replacements Budget submitted by Compaq Center Management. CEQA: Not a Project. (San José Arena Authority)

(Deferred from 10/15/02 – Item 2.11)

Documents Filed: Memorandum from the San José Arena Authority Board of Directors, dated November 5, 2002, recommending approval of the Fiscal Year 2002-2003 HP Pavilion at San José Capital Repairs and Replacements Budget.

Discussion/Action: Council Member Williams asked how the reserve fund is established. Budget Director Larry Lisenbee responded that the fund is established by contract agreement. Council Member Williams noted that the facility was in need of washing. The Fiscal Year 2002-2003 HP Pavilion at San José Capital Repairs and Replacements Budget was approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.4 Approval of a first amendment to the lease of airport premises with Integrated Airline Services for office space at 1455 Airport Boulevard, to extend the term of the lease through November 14, 2007, with annual rental revenue to the City in the amount of $4,200. CEQA: Resolution No. 67380, PP 02-10-298. (Airport)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated October 16, 2002, recommending approval of a first amendment to said lease with Integrated Airline Services.

Discussion/Action: Council Member Williams asked how projections are determined. Jose Obregon, Director of General Services, explained that the purpose of the purchase order is to allow Staff to address needs when they do not know what the volume of work is going to be. He added that the projection that is being used here is based on past usage for the beginning part of the contract, discussions with Environmental Services, and anticipation of the amount of litter to be picked up. The first amendment to the lease of airport premises with Integrated Airline Services was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 10, and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project. (General Services)

Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated October 16, 2002, recommending approval of award of open purchase orders.

Discussion/Action: The award of open purchase orders for FY 2002-2003 #10 was approved and the Director of General Services authorized to execute the purchase orders and the Director of General Services authorized to execute the purchase orders. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.6 Approval of an agreement for purchase of real property located north of Barberry Lane and adjacent and west of Corda Drive and an immediate right of entry thereon, by and between the City of San José and Jorge Segura and Micaela Segura for $62,200, for the Barberry Lane Sidewalk Project. CEQA: Exempt, PP 02-01-001. Council District 8. SNI: West Evergreen. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated October 16, 2002, recommending approval of said agreement for purchase of real property with Jorge Segura and Micaela Segura.

Discussion/Action: The agreement with Jorge Segura and Micaela Segura for purchase of real property was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.7 Report on bids and award of contract for the Columbus Park Irrigation Renovation Project to the low bidder, DB Landscape, to include the base bid and Add Alternate No. 1 in the amount of $116,300, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP02-03-034. Council District 3. (Public Works)

Documents Filed: None.

Discussion/Action: This item was deferred to November 19, 2002.

2.8 Report on bids and award of contract for the Improvement of Sunset Avenue Project to the low bidder, Joseph J. Albanese, Inc., in the amount of $259,558, and approval of a ten percent contingency in the amount of $26,000. CEQA: Exempt, PP02-04-075. Council District 5. SNI: Mayfair. (Public Works)

Documents Filed: Memoranda from Director of Public Works Katy Allen, dated October 16, and October 25, 2002, recommending award of said contract, with related contingency, to the low bidder, Joseph J. Albanese, Inc.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, Joseph J. Albanese, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.9 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Sugimura & Associates for architectural consultant services for Fire Station Nos. 4 and 13, from the date of execution to October 24, 2004, in the amount of $287,500, and additional services in the amount of $42,000, for a total agreement amount of $329,500. CEQA: Exempt, PP02-10-294. Council Districts 6 and 9. SNI: (FS No. 4) Burbank/Del Monte. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated October 16, 2002, recommending approval of said agreement with Sugimura & Associates.

Discussion/Action: Council Member Dando requested a list be provided to the Council of the 20 fire stations that will be upgraded; and as upgrades begin, racks for a second set of turnouts should be included, a separate exercise area, and improved ventilation for Station No. 13. Council Member Diquisto asked if the south wall of Station No. 13 would be expanded. Staff responded that the exterior wall by the library is scheduled for expansion. Council Member Diquisto asked about the plans for Station No. 4. Staff responded that the plan includes accommodation for gender privacy and improvements to the kitchen, as well as upgraded air movement for the kitchen/dining area. Resolution No. 71286, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute an Agreement With Sugimura & Associates for Architectural Consultant Services for Fire Station Nos. 4 and 13, in an Amount Not to Exceed $329,500”, was adopted, and Staff directed to provide lists of all twenty fire stations to be upgraded; to include in the planning process a second set of turnout rack, a separate exercise area, and improved ventilation for Station No. 13. Vote 10-0-1-0. Absent: Shirakawa, Jr.

2.10 Adoption of a resolution of intention to vacate:

(a) A portion of San Fernando Street between Bush and Wilson Streets, reserving a public service easement and a pedestrian access easement over the vacated area; and

(b) Setting a public hearing on November 26, 2002 at 1:30 p.m.

CEQA: Resolution No. 68748. Council District 6. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated October 16, 2002, recommending (a) adoption of said resolution of intention to vacate a portion of San Fernando Street between Bush and Wilson Streets; and (b) setting a public hearing.

Discussion/Action: Resolution No. 71287, entitled; “A Resolution of the Council of the City of San Jose Setting a Public Hearing to Consider Whether to Vacate a Portion of San Fernando Street, Between Bush and Wilson Streets”, was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

2.11 Approval of Contract Change Order No. 8 with Mountain Cascade, Inc., for the Fourth Major Interceptor Phase V/VA Project in the amount of $328,996.06, for a total contract amount of $22,416,891.64, and a time extension of 7 working days, for a total of 388 working days. CEQA: Resolution No. 60197, PP 97-10-213. Council District 4. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated October 16, 2002, recommending approval of Contract Change Order No. 8 with Mountain Cascade, Inc., for the Fourth Major Interceptor Phase V/VA Project

Discussion/Action: Contract Change Order No. 8 with Mountain Cascade, Inc., was approved and its execution authorized. Vote 10-0-1-0. Absent: Shirakawa, Jr.

2.12 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute an eleventh amendment to the Scheduled Airline Terminal Building Lease with American Airlines, Inc., to provide for the reallocation of gates in connection with the opening of the new Interim Federal Inspection Services Facility, with monthly revenue to the City of $245,371.

(b) Adoption of a resolution authorizing the City Manager to negotiate and execute a Lease of Airport Premises with American Airlines, Inc., for the new Interim Federal Inspection Services Facility, with annual revenue to the City of $77,345.

CEQA: Resolution No. 67380, PP 02-09-252. (Airport)

(Deferred from 10/15/02 – Item 2.5 et al., and 10/29/02 – Item 2.8)

Documents Filed: (1) Memorandum from Aviation Director Ralph G. Tonseth, dated September 25, 2002, recommending (a) adoption of said resolution authorizing the City Manager to negotiate and execute an eleventh amendment to the Scheduled Airline Terminal Building Lease with American Airlines, Inc.; and (b) adoption of said resolution authorizing the City Manager to negotiate and execute a Lease of Airport Premises with American Airlines, Inc. (2) Supplemental memorandum from Aviation Director Ralph G. Tonseth, dated October 11, 2002, stating that the original recommen-dations stated that revenue to the City from the 11^th Amendment to the Scheduled Airline Terminal Building Lease with American Airlines, Inc. was $245,371 per year, and revenue to the City from the new Lease of Airport Premises for the new Interim Federal Inspection Services Facility was $77,345 per year, and these amounts represent monthly revenue to the City from each of these agreements.

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

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – October 23, 2002

Vice Mayor Shirakawa, Jr., Chair

Documents Filed: Rules Committee Report of October 23, 2002.

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

(b) City Council

(1) Review November 5, 2002 Draft Agenda

The Committee recommended approval of the November 5, 2002 Council Agenda.

(2) Add New Items to October 29, 2002 Amended Agenda

The Committee recommended four additions to the October 29, 2002 Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

None filed.

(d) Meeting Schedules - None.

(e) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn dated October 17, 2002, listing the items transmitted to the Adminis-tration for the period October 9-15, 2002.

The Committee directed the City Attorney to return next week with the following items: (1) a transcript of Item 8.1 from the October 8, 2002 Council meeting; (2) a list of methods available for reconsideration; and (3) a response to the issues raised in Mr. Robins’ letter. The Committee noted and filed the Public Record.

(f) Boards, Commissions and Committees

(1) Federated Retirement Board of Administration. Attachment: Memo-randum from Ed Overton, Secretary to the Board of Administration for Federated City Employees’ Retirement System, dated October 2002 recommending reappointment of the Public Member to the Board,

The Committee recommended reappointment of Jeffrey Perkins as the Public Member on the Federated City Employees Retirement System Board of Administration for a term ending November 30, 2006.

Discussion/Action: Council Member Dando explained that the memo-randum to the Rules Committee regarding the appointment of Jeffrey Perkins to the Federated City Employees Retirement System Board of Administration reflected approval of a “resolution;” she indicated that it should be a “recommendation”, and Council noted the memorandum from the Board of Administration for Federated City Employees’ Retirement System to the Rules Committee recommending reappointment of Jeffrey Perkins was revised to delete reference to a resolution. See Item 3.5 for Council action taken.

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

(1) Request to direct the City Manager to review and implement professional development training entitled, “Don’t Laugh at Me” for PRNS staff

The Committee directed the City Manager to review and implement professional development training entitled, “Don’t Laugh at Me” for Parks, Recreation and Neighborhood Department Services Staff. Attach-ment: Memorandum from Council Members Dando, LeZotte and Campos dated October 16, 2002, recommending Department of Parks, Recreation and Neighborhood Services training.

(h) Administrative Reviews and Approval

(1) Request from Council Member Nora Campos to use Council General funds to attend the League of California Cities Legislative Briefing in Sacramento, CA, November 6, 2002. Attachment: Memorandum from Council Member Nora Campos dated October 15, 2002, requesting use of Council General funds for travel; and memorandum from City Clerk Patricia L. O’Hearn dated October 18, 2002 summarizing the use of Council General Travel Budget to date.

The Committee approved use of Council General Funds by Council Member Campos to attend the League of California Cities Legislative Briefing in Sacramento, CA, November 6, 2002.

(2) Appoint 2002 National League of Cities Voting Delegate and Alternate. Attachment: Memorandum from Betsy Shotwell, Director of Intergovern-mental Relations, dated October 15, 2002 regarding voting delegates at the Annual Business meeting of the National League of Cities.

The Committee recommended Council Member Dando as the voting dele-gate and Council Member Ken Yeager as the alternate at the December 7, 2002 Annual Business Meeting for the National League of Cities.

(i) Oral communications - None presented.

(j) Adjournment - The meeting was adjourned at 2:15 p.m.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, the Rules Committee report and actions of October 23, 2002, were accepted, with Item 3.2(f)(1) heard as Item 3.5. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

3.3 Report of the Finance and Infrastructure Committee – October 23, 2002

Council Member Dando, Chair

Documents Filed: Finance and Infrastructure Committee Report of October 23, 2002.

(a) Consent Items

(1) September Monthly Report. Attachment Memorandum from City Auditor Gerald A. Silva, dated October 15, 2002, transmitting said report.

(2) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending December 2001. Attachment: Memo-randum from City Auditor Gerald A. Silva, dated October 7, 2002 transmitting said report.

(3) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending March 2002. Attachment: Memorandum from City Auditor Gerald A. Silva, dated October 8, 2002, transmitting said report.

The Committee accepted the Consent Items.

(b) Unfunded Projects Appropriation Report. Attachment: Memorandum from Director of Public Works Katy Allen, dated October 9, 2002, transmitting said report.

The Committee accepted the Staff Report.

(d) Capital Cost Report for August 2002

(e) Cash Flow Projection.

Items (c), (d) and (e) reported out at the Redevelopment Agency meeting.

(f) Oral petitions

Bill Garbett spoke on the ground-breaking ceremonies at City Hall and on the statements, reports from Bay 101 Car Club.

(g) Adjournment - The Committee was adjourned at 3:00 p.m.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, the Finance and Infrastructure Committee report and actions of October 23, 2002, were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

3.4 Adoption of a resolution amending the Fiscal Policy E.1. in the Capital Improvement Program to the following: “The amount set aside for contingencies shall correspond with public agency or industry standards, or a percentage of the total contract amount as otherwise determined by the City Council.” (Public Works)

Documents Filed: None.

Discussion/Action: This item was deferred to November 12, 2002.

3.5 Appointment of Jeff Perkins to the Federated Retirement Board of Administration for a four-year term ending November 30, 2006. (Federated Board of Adminis-tration)

Documents Filed: None.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, the appointment of Jeff Perkins to the Federated Retirement Board of Administration for a four-year term ending November 30, 2006, was approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 PUBLIC HEARING on the Historical Property Contract for the Hotel Metropole, City Landmark No. HL88-46 and the Sunol Building, City Landmark No. HL02-129 located at the northwest corner of South Market and Post Streets (35 South Market St.) on 0.33 gross acre. (Florin II LTD, William B. Mitchell G.P., Owner). CEQA: Exempt. Director of Planning, Building and Code Enforcement and Historic Landmarks Commission recommend approval (5-0-1). (Planning, Building, and Code Enforcement)

MA 02-003 - District 3

(Continued from 10/8/02 – Item 4.3 et al, and 10/22/02 – Item 4.5)

Documents Filed: None.

Discussion/Action: This item was continued to November 26, 2002.

4.3 Adoption of a resolution approving the proposed update to the City Council Land Use Policy for Wireless Communications Facilities. (Planning, Building and Code Enforcement)

[Economic Development and Environment Committee referral 10/7/02 – Item 4.1(c)]

(Deferred from 10/22/02 – Item 4.2)

Documents Filed: Letter from MacKenzie & Albritton LLP, Counsel to AT&T Wireless, dated November 4, 2002, requesting postponement of any action on the amendments until their client has had an opportunity to review and comment on the new policy.

Discussion/Action: This item was deferred to November 19, 2002.

RECREATION & CULTURAL SERVICES

5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee –October 21, 2002 Council Member Chavez, Chair

Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of October 21, 2002.

(a) Youth Commission Monthly Report. Attachment: Memorandum from San José Youth Commission Chairperson Melissa Shih, dated October 9, 2002, trans-mitting said report.

The Committee accepted the Staff report.

(b) Annual Report on Library Usage. Attachment: Memorandum from Library Director Jane Light, dated October 9, 2002, transmitting said report.

The Committee accepted the Staff report.

Discussion/Action: Council Member Chavez suggested that Council Members take a look at the slide regarding Library Usage.

(c) Annual Report on Library Benefit Assessment Expenditures. Attachment: Letter from San José Library Commission Chair George Berhitoe, dated October 9, 2002, transmitting said report.

The Committee accepted the Staff report.

(d) Update on Blight Ordinance. Attachment: Memorandum from Planning, Building & Code Enforcement Director Stephen M. Haase, dated October 4, 2002, stating that on August 8, 2002, the City Council adopted a new “Community Preservation Ordinance”, replacing and expanding the provisions of the June 20, 2001 Blight Code. This Ordinance will take effect on October 7, 2002. As a result, it is recommended that this item be dropped from the Education, Neighborhoods, Youth and Seniors Committee Agenda.

This item was dropped from the agenda.

(e) Status Report on City-wide Trail Projects. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara Hensley, dated October 9, 2002, transmitting said report.

The Committee accepted the report, with the following directive to Staff:

· A report with recommendations/strategies on negotiating with UP regarding open space, trails, and/or housing is returned to the November 18, 2002 Education, Neighborhoods, Youth and Seniors Committee in December 2002, using the Water District strategies as a model.

o What the group would like to accomplish, i.e., listing all the issues that are currently on the table, those issues we project might come forward in the next 5-10 years.

o The process/strategies it would take to make it happen.

(f) Review of Park Ranger Staffing Levels. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara Hensley, dated October 9, 2002, transmitting said report.

The Committee accepted the report, with the following directives to Staff:

· When re-engineering management, include maintenance.

· Review overall staffing.

· Develop a strategy for shortening the advertising and review process in recruitment of Park Rangers.

· Park Ranger positions be unfrozen.

· Develop an expansion strategy for rangers, the parks we find challenging and what that means for public safety, programming and maintenance.

· Reevaluate all volunteer programs.

· Review opportunities for cadet programs with the appropriate depart-ments.

Discussion/Action: Council Member Chavez stated that she was anxious for Staff to rigorously examine the options set forth by the committee so Council can review them as soon as possible.

(g) Update from the City/School Collaborative. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara Hensley, dated October 9, 2002, transmitting said report.

The Committee accepted the report, with the following directives:

· Chair Chavez will review Committee’s calendar for the possibility of a special meeting with a refined agenda on school issues.

· Truancy and the establishment of a goal around shared revenues become part of the report on the City/School Collaborative.

· Review purpose of City/School Collaborative.

Discussion/Action: Council Member Chavez reminded Council to examine the matrix when looking at future partnerships, and that an updated version will be available in December or January.

(h) Status Report on Pick-Up San José. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara Hensley, dated October 9, 2002, transmitting said report.

This item deferred to the November 18, 2002 Education, Neighborhood and Youth Commission Committee meeting.

(i) Oral petitions - Bill Garbett spoke concerning libraries.

(j) Adjournment - The meeting was adjourned at 4:05 p.m.

Discussion/Action: 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 October 21, 2002, were accepted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

5.2 Approval of various actions related to the 2003-2004 HNVF Application Cycle:

(a) Adoption of the application process and rating criteria for the 2003-2004 HNVF Program application cycle as detailed in the memorandum.

(b) Continuation of grant funding for the following projects as previously established by the City Council:

(1) Homework Centers (ongoing);

(2) San José Downtown College Preparatory (one more year for $150,000);

(3) Children’s Health Initiative ($1,000,000 ongoing);

(4) Healthy Neighborhoods Venture Fund Administration (no greater than five percent of funds administered ongoing); and

(5) Funding for capacity-building workshops to assist agencies in becoming HNVF eligible service providers ($100,000 ongoing).

(c) Adoption of a goal of maintaining an unrestricted Ending Fund Balance amounting to at least 95% of estimated total expenditures.

(d) Adoption of the following HNVF Advisory Committee membership terms:

(1) Committee Council Member term shall coincide with his or her Council term;

(2) Community member term shall be for three consecutive years; and

(3) Two existing community members of the Committee shall serve through June 30, 2003.

CEQA: Not a project. (Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated October 16, 2002, recommending approval of various actions related to the 2003-2004 Healthy Neighborhoods Venture Fund (HNVF) Application Cycle: (1) Adoption of said application process and rating criteria for the 2003-2004 HNVF Program application cycle; (2) Maintenance of funding for said projects as previously established by the City Council; (3) Adoption of a goal of maintaining an unrestricted Ending Fund Balance; and (4) Adoption of said HNVF Advisory Committee membership terms.

Discussion/Action: Council Member Dando expressed concern that in the Analysis portion of the memorandum, some groups appeared to be pre-approved; however, this does not reflect past discussions at Committee which addressed the need to encourage new groups to apply and others to be more creative and innovative. Sara Hensley, Director of Parks, Recreation and Neighborhood Services, explained that the focus is on capacity building and it is not Staff’s intent to pre-approve groups; and Staff will review the wording to ensure it is clear. Council Member Dando requested Staff review the procedures and add wording to ensure adequate flexibility exists to facilitate the funding of new groups. Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, the proposed actions related to the 2003-2004 HNVF Application Cycle for: (1) Adoption of said application process and rating criteria for the 2003-2004 HNVF Program application cycle; (2) Maintenance of funding for said projects as previously established by the City Council; (3) Adoption of a goal of maintaining an unrestricted Ending Fund Balance; and (4) Adoption of said HNVF Advisory Committee membership terms, were approved, and Staff directed to review procedures and add wording to ensure adequate flexibility exists to facilitate the funding of new groups or providers. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

5.3 Report on bids and award of contract for the Tully Road Ball Field Development-Phase II Project to the low bidder, Robert A. Bothman, Inc., in an amount of $751,327, and approval of a contingency in an amount of $75,000. CEQA: Mitigated Negative Declaration, PP02-04-080. Council District 7. (Public Works)

Documents Filed: Memoranda from Director of Public Works Katy Allen, dated October 16 and November 1, 2002, recommending award of said contract with related contingency, to the low bidder, Robert A. Bothman, Inc.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, the award of said contract, with related contingency, to Robert A. Bothman, Inc., the low bidder, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

TRANSPORTATION SERVICES

6.1 Approval of an agreement for the Construction Element of the Silicon Valley - Intelligent Transportation Systems (SV-ITS) Fremont-Milpitas Project between the City of San José, the City of Milpitas, and Kimley-Horn and Associates, Inc. (Kimley-Horn) to provide the City of Milpitas with legal rights to use project plans and specifications for bid, award, and construction, and to clarify the roles and responsibilities of each party during construction, for a term beginning from the date of execution to September 30, 2004. CEQA: Exempt, PP 02-10-283. (Transportation)

Documents Filed: Memorandum from Acting Director of Transportation James R. Helmer, dated October 16, 2002, recommending approval of said agreement for the Construction Element of the Silicon Valley - Intelligent Transportation Systems (SV-ITS) Fremont-Milpitas Project between the City of San José, the City of Milpitas, and Kimley-Horn and Associates, Inc.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, the agreement for the Construction Element of the Silicon Valley - Intelligent Transportation Systems (SV-ITS) Fremont-Milpitas Project between the City of San José, the City of Milpitas, and Kimley-Horn and Associates, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

ENVIRONMENTAL & UTILITY SERVICES

7.1 PUBLIC HEARING on the Commercial Solid Waste and Recyclables Collection Franchise application of A & A Recycling, approval of ordinance granting the franchise, and approval of Commercial Solid Waste and Recyclables Collection Franchise agreement with A & A Recycling. (Environmental Services)

Documents Filed: (1) Memorandum from Environmental Services Director Carl W. Mosher, dated October 16, 2002, recommending approval of an ordinance granting a franchise and approval of a Commercial Solid Waste and Recyclables Collection Franchise Agreement with A & A Recycling. (2) Proofs of publication of public hearing notice dated October 23 and October 25, 2002, submitted by the City Clerk.

Discussion/Action: Council Member Chavez asked is there is a checklist for companies, and does Staff review companies’ records in other communities and with the Better Business Bureau. Carl Mosher, Director of Public Works, responded that there is a checklist. Council Member Chavez requested that the list and a description of the process be provided to Council. Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, the Commercial Solid Waste and Recyclables Collection Franchise agreement with A & A Recycling was approved, Ordinance No. 26769, entitled: “An Ordinance of the City of San Jose Granting a Commercial Solid Waste and Recyclables Collection Franchise to A & A Recycling”, was passed for publication, and Staff directed to provide information to Council on the checklist used to review prospective haulers and what the process entails. Vote 10-0-1-0. Absent: Shirakawa, Jr.

AVIATION SERVICES

8.1 Approval of a fifth amendment to the Scheduled Airline Operating Agreement between the City of San José and American Airlines, Inc., to add provisions regarding compliance with the City’s Airport Noise Control Program, with annual revenue to the City in excess of $4,000,000. CEQA: Resolution No. 67380, PP 02-09-276. (Airport)

(Deferred from 10/15/02 – Item 8.1 et al., and 10/29/02 – Item 8.1)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated September 25, 2002, recommending approval of a fifth amendment to said Scheduled Airline Operating Agreement with American Airlines, Inc.

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

PUBLIC SAFETY SERVICES

9.1 Adoption of a resolution authorizing the City Manager to negotiate and execute all documents necessary to accept a Federal Emergency Management Agency (FEMA) 2002 Assistance to Firefighters Grant Program Award in the amount of $491,822, covering a term of one-year, to supplement $210,780 in City matching funds for the purchase of selected fire fighting equipment. CEQA: Not a Project. (Fire)

Documents Filed: Memorandum from Fire Chief Manuel Alarcon, dated October 16, 2002, recommending adoption of said resolution authorizing the City manager to negotiate and execute all documents necessary to accept a Federal Emergency Management Agency (FEMA) 2002 Assistance to Firefighters Grant Program Award

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Reed, and unanimously carried, Resolution No. 71288, entitled; “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute all Documents Necessary to Accept a FEMA 2002 Assistance to Firefighters Grant Program Award in an Amount Not to Exceed $491,822”, was adopted. Vote 10-0-1-0. Absent: Shirakawa, Jr.

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
9350	SE corner of Auzerais Ave & Meridian Ave	6	KB Homes, South Bay	1 lot	257 SFA	Approve

RECESS/RECONVENE

Following Open Forum, the City Council adjourned at 2:12 p.m. and the meeting scheduled to reconvened at 7:00 p.m., Council Chambers, City Hall, was canceled.

Present: Council Members - None.

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

Adjournment

In the anticipated absence of all members of the Council, City Clerk Patricia L. O’Hearn adjourned the meeting at 7:00 p.m., and the below listed public hearings were continued.

11.1 PUBLIC HEARING ON APPROVAL OF A SINGLE FAMILY HOUSE PERMIT to construct a 1,602 first and second floor addition to an existing single-family residence resulting in a maximum height of greater than 30 feet (32.5) on a 0.17 gross acre site located at 619 Chapman Street in the R-1-8 Residential Zoning District. (James and Caroline Owens, Owner/Developer). CEQA: Exempt.

SF 02-031 - District 6

Documents Filed: None.