SAN JOSE CITY COUNCIL

AMENDED AGENDA

NOVEMBER 12, 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

            9:30 a.m.  -   Closed Session, Room 600, City Hall

                                    See Separate Agenda

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

·                   Invocation (District 10)

            Allen School

·                   Pledge of Allegiance

·                   Orders of the Day

#       Items marked with an asterisk denote changes or additions to the previously published Agenda for this meeting. Items marked with # denote changes or additions to the Agenda that had been previously updated on the Internet.

1                  CEREMONIAL ITEMS

1.1       Proclamation declaring the week of November 17-23, 2002, as National Hunger and Homelessness Awareness Week.  (Mayor)

*1.2       Presentation of a commendation to the members of the Revolving Loan Fund Administration Board for their service and commitment to the economic vitality of the City of San José.  (Cortese)

            (Rules Committee referral 11/6/02)

*1.3       Presentation of a commendation to Allan (Bob) Saxe for his years of service and dedication to the City of San José and the County of Santa Clara.  (Cortese)

            (Rules Committee referral 11/6/02)

*1.4       Presentation of gifts to the City of San José by Council Member Nora Campos on behalf of the delegates and representatives she met during her Sister Cities visit to Okayama and Tainan.  (Campos)

            (Rules Committee referral 11/6/02)

*1.5       Presentation of awards for the Library’s 2002 Teen Read Week Art Contest.  (Library)

            (Rules Committee referral 11/6/02)

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.

            Recommendation:  Approval of City Council Minutes for:

            (a)        Regular meeting of May 7, 2002

            (b)        General Plan Hearing of May 7, 2002

            (c)        Joint City Council/Redevelopment Agency Board meeting of May 7, 2002

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26767 - Amends Chapter 17.23 of Title 17 of the San José Municipal Code to: (1) add new Sections 17.23.125, 17.23.126, 17.23.155, and 17.23.161, adding new defined terms; (2) renumbers Section 17.23.031 of the ordinance to Section 17.23.600 and makes minor changes to assure consistency of terms in that Section; (3) adds Part 6 to the Chapter which will regulate evictions from units covered by the limitations on rent increases in this Chapter by requiring landlords to offer arbitration of the date of lease termination to tenants after giving such tenants certain notices of less than ninety or one hundred twenty days, when such notices would not otherwise be subject to notices to vacate of three days or less under state law; (4) creates a required arbitration procedure for those evictions in which a landlord gives a tenant a notice of less than ninety or one hundred twenty days, which procedure will allow an arbitrator to set a termination date of the lease of between sixty and one hundred twenty days based on an evaluation of the hardships to landlord and tenant; and (5)  creates a required mediation for certain rental units first built after the effective date of this Chapter.

2.3              Approval of an ordinance increasing settlement authority in workers’ compensation cases.

            Recommendation:  Approval of an ordinance amending Section 4.24.015 of Chapter 4.24 of Title 4 of the San José Municipal Code to grant $100,000 settlement authority in workers’ compensation cases to the City Attorney.  (City Attorney’s Office)

            Ordiance Draft

2.4              Approval of an appropriation for the Library Department.

            Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund increasing the Library Grants appropriation for the Library Department by $265,070.  CEQA:  Not a Project.  (City Manager’s Office)

2.5              Approval of actions related to the City of San José Revolving Loan Fund.

            Recommendation:  Adoption of a resolution certifying that:

            (a)        The City of San José’s Revolving Loan Fund (RLF) Plan is consistent with, and supportive of the area’s current economic adjustment strategy, and

            (b)        The RLF is being operated in accordance with the policies and procedures contained in the RLF plan, and the loan portfolio meets the standards contained therein, except as noted in the report.

            CEQA:  Not a Project.  (Economic Development)

2.6              Approval of an agreement to the Foreign Trade Zone Agreement.

            Recommendation:  Approval of a continuation to the Foreign Trade Zone Agreement with San José Distribution Services, extending the term to February 18, 2004, and amending the fee schedule.  CEQA:  Not a Project.  (Economic Development)

2.7              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 #12, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.  (General Services)

2.8              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 #13, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Resolution No. 67380, PP02-09-254.  (General Services)

2.9              Approval of an agreement for the Rincon Storm System Improvements Phase II Project.

Recommendation:  Approval of a Pacific Gas and Electric Service and Extension agreement for the Rincon Storm System Improvements Phase II Project, in the amount of $141,733.27.  CEQA:  Resolution No. 60197, PP00-10-149.  Council District 4.  (Public Works)

*2.10          Approval of Events at the HP Pavilion at San José.

            Recommendation:  Approval of one proposed City Event, as provided in the San José Management Agreement, for use of the HP Pavilion on November 13, 2002, for San José Sports Hall of Fame Induction Ceremony and one proposed Community Event on November 18, 2002, for a Recognition Banquet.  CEQA:  Not a Project.  (San José Arena Authority)

3                  STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – October 30, 2002

            Vice Mayor Shirakawa, Jr., Chair

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

            (b)        City Council

                        (1)        Review November 12, 2002 Draft Agenda

                        (2)        Add New Items to November 5, 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)        Report back on request to reconsider Item 8.1 from the October 8, 2002 Council agenda, “Approval of an agreement for airport parking facilities management”

            (i)         Oral communications

            (j)         Adjournment

3.3              Report of the Finance and Infrastructure Committee

            Council Member Dando, Chair

3.4       Adoption of a resolution amending the Fiscal Policy E.1. in the Capital Improvement Program.

*          Recommendation:  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)

            (Deferred from 11/5/02 – Item 3.4)

            RECOMMEND DEFERRAL TO 12/3/02

3.5       Approval of Mayor Ron Gonzales’ travel.

*          Recommendation:  Approval of Mayor Ron Gonzales’ travel to:

            (a)        Phoenix, Arizona, on October 17-18, 2002, for a City-to-City Leadership Visit.

         (b)       Colorado Springs, Colorado, on November 1-3, 2002, for BASOC – SF 2012 Delegation.

            Funding:  Mayor’s Office.  CEQA:  Not a Project.  (Mayor)

            (Rules Committee referral 11/6/02)

4                  ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Economic Development & Environment Committee

            Council Member Williams, Chair

4.2              Approval of various actions related to Miranda Villa Apartments, Le Mirador Apartments, the Sienna Apartments, and the Verandas Apartments.

            Recommendation:  Adoption of a resolution:

            (a)        Approving conditional grants up to $3,200,000 of Supplemental Redevelopment Agency Extremely Low Income (ELI) funding to JSM Enterprises, or its designated partnership, to allow a reduction in rent for the Miranda Villa Apartments located at 2094 Forest Avenue, the Le Mirador Apartments located at 1191 Coleman Road, the Sienna Apartments located at 1496 Almaden Road, and the Verandas Apartments located at 1868 N. Capitol Avenue, and;

            (b)        Amending existing business terms for the repayment of the loans to allow the projects to maintain financial stability, and extension of the term of the affordability restrictions.

            CEQA:  Not a Project.  Council Districts 4, 6, 7, and 10.  (Housing)

4.3       Public Hearing on conforming rezoning at Aiello Drive and Lewis Road.

*          Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of Aiello Drive, approximately 350 feet northerly of Lewis Road, from IP Industrial Park Zoning District to LI Light Industrial Zoning District, to allow industrial uses on 0.49 gross acre.  (Robert & Sharon Bothman, Owner).  CEQA:  General Plan 2020 Resolution No. 65459.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required

            C 02-074 - District 7

            (Continued from 11/5/02 – Item 11.8)

4.4       Approval of various actions related to the establishment of Community Facilities District No. 9 (Bailey/Highway 101).

          Recommendation:  

            (a)        Approval to undertake the proceedings necessary to establish Community Facilities District No. 9 (Bailey/Highway 101) by taking the following actions:

                        (1)        Adoption of a resolution of intention to establish Community Facilities District No. 9 (Bailey/Highway101), and setting a public hearing on December 17, 2002 at 1:30 p.m., regarding formation of the District.

                        (2)        Adoption of a resolution:

                                    (a)        Of intention to incur bonded indebtedness for Community Facilities District No. 9 (Bailey/Highway 101); and

                                    (b)        To authorize the City Attorney to negotiate and execute an amendment to an agreement with Jones Hall in an amount not to exceed $135,000, for bond counsel and disclosure counsel services.

#                      (3)        Adoption of a resolution authorizing the City Manager to negotiate and execute any amendments to existing agreements regarding implementation of the Bailey Extension Project and any new agreements, as may be appropriate and necessary to implement the proposal set forth in the memorandum, provided that any such amendments and new agreements shall be consistent with the proposal set forth in the memorandum, provided that any such amendments and new agreements shall be consistent with such proposal..

                        CEQA:  Resolution No. 68705.  Council District 2.  SNI:  13^th Street, Five Wounds/Tully/Senter.  (City Manager’s Office)

            (b)        (1)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund:

                                    (a)        Decrease the Bailey Avenue Improvements Project by $44,966,000.

                                    (b)        Decrease the estimate for Earned Revenue by $44,966,000.

                        (2)        Adoption of the following appropriation ordinance amendments in the Building and Structure Construction Tax Fund:

                                    (a)        Establish an appropriation to the Department of Transportation for the VTA:  Bailey/101 Improvements Project in the amount of $4,050,000.

                                    (b)        Establish a Reserve for the VTA:  Bailey/101 Improvements Project in the amount of $950,000.

                                    (c)        Decrease the Oakland Road:  Route 101 to Hedding Project by $202,000.

                                    (d)        Decrease the Story Road:  Senter to McLaughlin Project by $600,000.

                                    (e)        Decrease the Ending Fund Balance by $4,198,000.

                        CEQA:  Resolution No. 68705.  Council District 2.  SNI:  13^th Street, Five Wounds/Tully/Senter.  (City Manager’s Office)

            (Rules Committee referral 11/6/02)

5                  RECREATION & CULTURAL SERVICES

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

            Council Member Chavez, Chair

6                  TRANSPORTATION SERVICES

7                  ENVIRONMENTAL & UTILITY SERVICES

8                  AVIATION SERVICES

8.1              Approval of an agreement related to the City’s expanded Acoustical Treatment (ACT) Program.

            Recommendation:  Adoption of a resolution authorizing the City Manager to:

            (a)        Negotiate and execute an agreement with Corlett, Skaer and DeVoto Architects Inc. (CSDA) for consultant services related to the acoustical treatment of 500 homes as part of the City’s expanded Acoustical Treatment (ACT) Program, for the period November 18, 2002 to December 31, 2005, in an amount not to exceed $4,015,481; and

            (b)        Exercise an option to add consultant services for the acoustical treatment of up to 400 additional homes in the expanded ACT Program area, in an additional amount not to exceed $3,314,585, and subject to appropriation of funding for the additional consultant services. 

            CEQA:  Resolution No. 67380, PP 02-11-317.  Council District 3.  SNI:  Washington.  (Airport)

9                  PUBLIC SAFETY SERVICES

10            JOINT COUNCIL/REDEVELOPMENT AGENCY

·                   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:

            Iaccordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

            NONE.

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

·                   Adjournment