SAN JOSE CITY COUNCIL

AMENDED AGENDA

OCTOBER 8, 2002

 Link to Welcome Letter

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On occasion the City Council may consider agenda items out of order.

·                   Call to Order and Roll Call

            9:00 a.m.  -   Closed Session, Room 600, City Hall

                                    See Separate Agenda

            1:30 p.m.  -   Regular Session, Council Chambers, City Hall

·                   Invocation (District 9)

*          Father Stout, San José Fire Department Chaplain

·                   Pledge of Allegiance

·                   Orders of the Day

           Items marked with an asterisk denote changes or additions to the previously published Agenda for this meeting.

           ITEM 10.1 IS TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

          Adjournment: This meeting will be adjourned in memory of José Nava, brother of Jésus Nava, City Manager's Office, husband of Marie Nava, and father to José Nava Jr. and Jessica Marie Nava; in memory of Jerome Christopher Martin, husband of Sonja Martin, Office of Child Care, and father, who dedicated much of his life to mentoring youth and young adults, and promoting the importance of education; and in memory of Mr. Bill "Spiritude" Hoyt Jr. who was a loving husband, father, son and brother.

1                  CEREMONIAL ITEMS

1.1       Presentation of a proclamation declaring October 6 - 12, 2002 as National Fire Prevention Week.  (Fire)

1.2       Presentation of a commendation to Jerry Silsdorf for participation in the Senior Games. (Dando)

*          (Rules Committee referral 10/2/02)

2                  CONSENT CALENDAR

Notice to the public:  There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion.  If a member of the City Council, staff, or public requests discussion on a particular item, that item will be removed from the Consent Calendar and considered separately.

2.1              Approval of Minutes.

2.2              Final adoption of ordinances.

2.3              Approval of various fiscal actions for Redevelopment Agency Capital Projects.

            Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Thirteenth Street Streetscape Project, the Barberry Lane Sidewalk Project, and the Replacement of Play Equipment at Washington Elementary School Project, with a net impact to the fund of $323,000.  CEQA:  Not a Project.  (City Manager’s Office)

2.4              Approval of open purchase orders for the purchase of supplies, materials, equipment, and services.

            Recommendation:  Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #8, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.  (General Services)

2.5              Approval to award purchase of Herman Miller modular furniture.

            Recommendation:  Approval of award of purchase of Herman Miller modular furniture for the Police Department from the authorized dealer, Pivot Interiors (San José, CA) for a total cost of $190,105.25 including tax and delivery and authorization for the Director of General Services to execute the necessary purchase agreements.  CEQA:  Not a Project.  (General Services)

*          RECOMMEND DEFERRAL TO 10/15/02

2.6              Approval of three projects funded by the Community Development Block Grant Program.

*          Recommendation:  Adoption of a resolution authorizing the Director of Parks, Recreation, and Neighborhood Services to negotiate and execute amendments to CDBG contracts to:

            (a)        Continue and extend the funding term for eighteen months from June 20, 2001 to December 31, 2002, F68 Transitional Housing Rehabilitation Project Phase II - Emergency Housing Consortium (second extension).

            (b)        Continue and extend the funding term for one year from June 30, 2002 to June 30, 2003, F67 New Billy DeFrank Lesbian and Gay Community Center – Billy DeFrank Lesbian and Gay Community Center (third extension).

            (c)        Continue and extend the funding term for one year from June 30, 2002 to June 30, 2003, F74 Alliance Acquisition and Rehabilitation Project – Alliance for Community Care (second extension).

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

2.7              Approval of the FY 2003-04 CDBG application cycle.

            Recommendation:  Approval of the application schedule, process, evaluation and rating criteria for the FY 2003-04 CDBG application cycle.  CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

2.8              Approval of various actions related to the annexation of Evergreen No. 184.

            Recommendation:  Adoption of a resolution initiating proceedings and setting October 22, 2002 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Evergreen No. 184 which involves the annexation to the City of San José of 40.0 gross acres, located along Dove Hill Road easterly of Highway 101 approximately 2,000 feet northerly of Hellyer Avenue and the detachment of the same from Central Fire Protection and the Santa Clara County Library Services Area.  CEQA:  Resolution No. 65459, Evergreen No. 184.  (Planning, Building and Code Enforcement)

2.9              Approval to award a contract for the Police Administration Building Chiller Replacement Project.

            Recommendation:  Report on bids and award of contract for the Police Administration Building Chiller Replacement Project to the low bidder Newcomb, Inc., in the amount of $236,185, and approval of a contingency in the amount of $47,000.  CEQA:  Exempt, PP02-07-190.  (Public Works)

2.10          Approval of various actions related to the Fire Station Diesel Exhaust Phase VI Project.

            Recommendation:  Report on bids and approval to reject the sole bid for the Fire Station Diesel Exhaust Phase VI Project, release bidder’s bond, and authorization for the Director of Public Works to re-advertise and re-bid the project at a later date.  CEQA:  Exempt, PP02-07-185.  (Public Works)

3                  STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – September 25, 2002

            Vice Mayor Shirakawa, Jr., Chair

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

            (b)        City Council

                        (1)        Review October 8, 2002 Draft Agenda

                        (2)        Add New Items to October 1, 2002 Amended Agenda

            (c)        City Council Committees

                        (1)        Amendments to Council Committee Agendas

                                    (a)        Finance and Infrastructure Committee

                                    (b)        Economic Development and Environment Committee

                                    (c)        Education, Neighborhoods, Youth, and Seniors Committee

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

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

            (h)        Administrative Reviews and Approval

                        (1)        Workload assessment on the feasibility of instituting a code enforcement case tracking log for use by City Council

                        (2)        Workload assessment to audit Airport Neighborhood Services Group

                        (3)        2002 League of California Cities Resolutions

                        (4)        Request for recommendation to donate or sell surplus equipment

            (i)         Oral communications

            (j)         Adjournment

3.3              Report of the Finance and Infrastructure Committee

            Council Member Dando, Chair

4                  ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Economic Development & Environment Committee

            Council Member Williams, Chair

4.2              Public Hearing on the Historical Property Contract for the Charles O. Bocks Residence.

            Recommendation:  PUBLIC HEARING on Historical Property Contract for the Charles O. Bocks Residence, City Landmark No. HL02-141, located at the southwest corner of The Alameda and Randol Avenue (1645 The Alameda) on 0.34 gross acre.  (Jim Blair, Eaglecreek Associates II, Owner).  CEQA:  Exempt.  (Planning, Building, and Code Enforcement)

            MA 02-002 - District 6

*          RECOMMEND CONTINUANCE TO 10/15/02

4.3              Public Hearing on the Historical Property Contract for the Hotel Metropole.

            Recommendation:  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.  (Planning, Building, and Code Enforcement)

            MA 02-003 - District 3

*          RECOMMEND CONTINUANCE TO 10/15/02

4.4              Approval of an agreement with Valentino S. Mazzurca for the purchase of property located at the easterly corner of Floyd and Locust Streets.

            Recommendation:  Approval of an agreement with Valentino S. Mazzurca for the purchase of property located at the easterly corner of Floyd and Locust Streets in the amount of $675,000, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction.  CEQA:  Exempt, PP01-04-088.  Council District 3.  SNI:  Washington/Guadalupe.  (Public Works)

4.5              Approval of a loan for the development of a 245-unit Cinnabar Commons family rental development.

*          Recommendation:  Adoption of a resolution:

            (a)        Approving an acquisition/predevelopment loan of up to $14,983,000 to Seven Hills Properties, or an affiliated entity, for the development of the 245-unit Cinnabar Commons family rental development;

            (b)        Finding that the use of 20% Housing Funds and other Agency funds for the subject project is a benefit to the Redevelopment project areas in San Jose.

            CEQA: Resolution No. 71174. Council District 6. (Housing)

            (Rules Committee referral 10/2/02)

5                  RECREATION & CULTURAL SERVICES

5.1              Report of the Education, Neighborhoods, Youth, and Seniors Committee

            Council Member Chavez, Chair

5.2              Approval of an agreement for the new Almaden Community Center and Branch Library Project.

            Recommendation:  Approval of an agreement with Field Paoli Architects, Inc. for consultant services including project design, preparation of construction documents and construction administration services for the new Almaden Community Center and Branch Library Project for the period October 15, 2002 to June 30, 2006, in an amount of $1,955,900.  CEQA: Not a Project.  Council District 10.  (Public Works)

5.3              Approval to award a contract for the Tully Road Ball Field Development-Phase I.

*          Recommendation:  Report on bids and award of contract for the Tully Road Ball Field Development-Phase I to the low bidder, SCQ Construction, in an amount of $639,200, and approval of a contingency in an amount of $64,000. CEQA: Mitigated Negative Declaration, PP02-04-080. Council District 7. (Public Works) (Rules Committee referral 10/2/02)

6                  TRANSPORTATION SERVICES

6.1              Presentation on the Santa Clara Valley Transportation Authority's "Best Practices" Program for community design and transportation.

            Recommendation:   Presentation on the Santa Clara Valley Transportation Authority's "Best Practices" Program for community design and transportation.  CEQA:  Not a Project.  (Transportation)

*          TO BE HEARD IMMEDIATELY FOLLOWING ITEM 9.1 

7                  ENVIRONMENTAL & UTILITY SERVICES

7.1              Approval of various actions related to commercial franchise fees.

            Recommendation: 

*          (a)        Adoption of a resolution revising the Commercial Solid Waste Collection Franchise Fee for service performed on or after November 1, 2002, as follows:

                        (1)        For each uncompacted cubic yard collected, increase the Franchise Fee from $2.84 to $2.98 per cubic yard.

                        (2)        For each compacted yard, increase the Franchise Fee from $8.52 to $8.94 per cubic yard.

                        (3)        Provide an exemption from the Franchise Fee for the first 23,400 cubic yards of un-compacted solid waste (or the equivalent of compacted solid waste) collected in any fiscal year (July 1-June 30).

*          (b)        Adoption of a resolution amending the 2002-2003 Schedule of Fees and Charges to revise the Commercial Solid Waste Source Reduction and Recycling (AB939) Fee effective November 1, 2002, as follows:

                        (1)        For each uncompacted cubic yard collected, decrease the fee from $1.00 to $0.86 per uncompacted cubic yard.

                        (2)        For each compacted cubic yard collected, decrease the fee from $3.00 to $2.58 per cubic yard.

            CEQA:  Not a Project.  (Environmental Services)

            (Deferred from 9/24/02 – Item 7.1)

8                  AVIATION SERVICES

8.1              Approval of an agreement for airport parking facilities management.

            Recommendation:  Adoption of a resolution:

            (a)        Authorizing the Director of General Services to negotiate and execute a one-year agreement, with six one-year options to extend with AMPCO System Parking, for airport parking facilities management for the period November 8, 2002 to November 7, 2003, with a total first year compensation not to exceed $4,500,000; and

            (b)        Authorizing the Director of General Services to execute each of the options without further City Council action other than the appropriation of necessary funding.

*          CEQA:  Resolution No. 67380; PP02-09-243.  (General Services/Airport)

9                  PUBLIC SAFETY SERVICES

9.1              Approval of the Spending Plans for the Local Law Enforcement Block Grant Fund.

            Recommendation:

            (a)        (1)        Approval of the proposed additions to the 2000-02 Spending Plan for the Local Law Enforcement Block Grant (LLEBG) Fund. 

                        (2)        Adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the Local Law Enforcement Services Fund (Fund 415) for fiscal year 2002-03:

                                    (a)        Increase the LLEBG 2000-02 appropriation for the Police Department in the amount of $73,168; and

                                    (b)        Increase the Earned Revenue by $73,168.

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

            (b)        (1)        Approval of the proposed 2002-04 Spending Plan for the Local Law Enforcement Block Grant (LLEBG) Fund.

                        (2)        Adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the General Fund (Fund 001) and Local Law Enforcement Services Block Grant Fund (Fund 415) for fiscal year 2002-03:

                                    (a)        Establish the LLEBG 2002-04 appropriation in the Local Law Enforcement Services Fund for the Police Department in the amount of $1,015,000;

                                    (b)        Increase the Earned Revenue by $913,500.

                                    (c)        Transfer $101,500 from the General Fund Contingency Reserve to the Local Law Enforcement Services Block Grant Fund.

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

10            JOINT COUNCIL/REDEVELOPMENT AGENCY

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEM 10.1 IN A JOINT SESSION

10.1          Public Hearing on a condominium development on land located at 2191 Alum Rock Avenue.

            Public hearing and approval of actions:

            (a)        Adoption of a resolution by the City Council approving the sale of city-owned property, 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 Plans 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 the northeast corner of Alum Rock Avenue and Jose Figueres Avenue, 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 as necessary to conclude this transaction consistent with the authority granted herein, and authorizing the City Manager to convey the City owned property to KETZAL once the conditions of conveyance have been met. 

            CEQA:  Negative Declaration, PDC 99-12-096.  Council District 5.  (Redevelopment Agency/City Manager's Office)

            ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

·                   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:

            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:

·                   Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.

·                   Adjournment

JOINT CITY OF SAN JOSÉ

CITY COUNCIL/FINANCING AUTHORITY

AGENDA

1:30 P.M                     TUESDAY, OCTOBER 8, 2002            CHAMBERS

1.         Call to Order

2.         Approval of various actions related to the New Civic Center Project.

            Recommendation:

            (a)        Adoption of a resolution of the City of San José Financing Authority:

                        (1)        Authorizing the issuance of City of San José  Financing Authority, Tax-Exempt Lease Revenue Bonds, Series 2002B, Series 2002C and Series 2002D (Civic Center Project) (collectively, the “bonds”) in the not-to-exceed aggregate principal amount of $425,000,000 to be sold through negotiated sales subject to certain limitations.

                        (2)        Approving, in substantially final form, the Bonds, Indenture of Trust, Site Lease, Project Lease, Standby Bond Purchase Agreement, Preliminary Official Statements, Continuing Disclosure Certificate, Purchase Contract for the Series 2002B Bonds, Purchase Contract for the Series 2002C Bonds, Purchase Contract or the Series 2002D Bonds, Remarketing Agreement for the Series 2002C Bonds, and Remarketing Agreement for the Series 2002D Bonds; authorizing the Treasurer to execute and, as appropriate, to negotiate, and deliver these documents and other related financing documents and to take other actions as necessary in connection with the issuance of the Bonds.

            (b)        Adoption of an ordinance of the City Council approving, authorizing and directing the execution of the Project Lease.

            (c)        Adoption of a resolution of the City Council:

                        (1)        Approving in substantially final form and authorizing the execution of the Project Lease, Site Lease, Preliminary Official Statements, Standby Purchase Agreement, Bond Purchase Agreements, Continuing Disclosure Certificate and Director of Finance authorizing the Treasurer to execute and, as appropriate, to negotiate, and deliver these documents and other related financing documents and to take other actions as necessary in connection with the issuance of the Bonds.

                        (2)        Authorizing the City Manager to negotiate and execute an Agreement with the Public Resources Advisory Group for financial advisory services.

                        (3)        Authorizing the City Attorney to negotiate and execute an Agreement with Jones Hall for bond counsel services.

            (Finance)

3.         Adjourn the Joint City Council/San José Financing Authority