· 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)

Justin Dennison, South Hills Church

· Pledge of Allegiance

· Orders of the Day

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

 

1 CEREMONIAL ITEMS

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* 1.1 Presentation of a proclamation declaring November 29, 2001, as a day of celebration acknowledging the Founding of El Pueblo de San José de Guadalupe on November 29, 1777, as the first Spanish civil settlement in Alta California and recognizing the leadership of the Alcaldes. (Conventions, Arts and Entertainment)

1.2 Presentation of a commendation thanking Fernando R. Zazueta for his contributions to the community including his work with the Mexican Heritage Plaza. (Conventions, Arts and Entertainment)

1.3 Presentation of proclamation declaring December 1, 2001 as World AIDS Day in San José. (Disability Advisory Commission)

* 1.4 Presentation of commendation to Grade Tech Incorporated for their ability to be flexible, understanding of complex issues in the Santee Neighborhood, and the intricate working relationships of community leaders, property owners and managers, public agencies, and elected officials, to successfully complete the five alleyways ahead of schedule.  (Shirakawa, Jr.)

(Rules in lieu referral 11/21/01)

 

2 CONSENT CALENDAR

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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.

Recommendation: Final adoption of ordinances:

(a) ORD. NO. 26516 – Amends Section 25.04.300 of Title 25 to conform terminal building square footage and rental car ready and return spaces to make them consistent with the adopted 1997 Airport Master Plan; Section 25.04.310 to conform the Municipal Code to the 1997 Airport Master Plan as amended and to expressly reference provisions of Part 4 of Chapter 25.04 pertaining to transportation planning for the Airport, and to modify construction phasing in order to rebuild existing passenger gates into a centralized terminal facility in conjunction with planning and designing transportation improvements at the Airport; Section 25.04.350 to conform to recent changes in federal law regarding competition plans at airports; and making a technical correction to Section 25.04.440.

2.3 Approval of an agreement for artwork for the Animal Shelter.

Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with artist Lewis deSoto to fabricate and install an artwork for the Animal Shelter in an amount not to exceed $127,400. CEQA: Exempt. Council District 7. (Conventions, Arts and Entertainment)

2.4 Approval of an amendment to the Foreign Trade Zone Operating Agreement.

Recommendation: Approval of an amendment to the Foreign Trade Zone Operating Agreement with San José Distribution Services to move the Foreign Trade Zone General Purpose Zone to 2055 South Seventh Street. Council District 7. (Economic Development)

2.5 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 2001-2002 #14, and authorization for the Director of General Services to execute the purchase orders. (General Services)

2.6 Approval of fiscal action for the Supplemental Law Enforcement Services Fund.

Recommendation: Adoption of amendments to the annual appropriation ordinance in the Supplemental Law Enforcement Services Fund for Fiscal Year 2001-02, in the amount of $60,000. (Police/City Manager’s Office)

2.7 Approval to determine that public use and necessity require the acquisition of certain property and directing the filing of eminent domain action.

Recommendation: Adoption of a resolution determining that public use and necessity require the acquisition of certain property owned by Hilltop Manor, Inc., located at 790 Ironwood Drive, and directing the filing of eminent domain action. CEQA: ND. Council District 6. (Public Works)

* RECOMMEND DEFERRAL TO 12/18/01

2.8 Approval to declare a parcel of City-owned land surplus to the needs of the City, and authorizing its sale.

Recommendation: Adoption of a resolution declaring an 832 square foot parcel of City-owned land, located on the east side of Alameda Way, between Sherwood Avenue and The Alameda, surplus to the needs of the City, and authorizing its sale to Steven Behrens and Gina Daul for $16,640. Council District 3. (Public Works)

 

3 STRATEGIC SUPPORT SERVICES

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3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – November 14, 2001

Vice Mayor Shirakawa, Jr., Chair

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

(b) City Council

(1) Review November 27, 2001 Draft Agenda

(a) Additions

(2) Add New Items to November 20, 2001 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

(1) Airport Curfew Monitoring Committee

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

(h) Administrative Reviews and Approval

(i) Oral communications

(j) Adjournment

3.3 Report of the Finance and Infrastructure Committee – November 14, 2001

Council Member Dando, Chair

(a) Consent Items

(1) Monthly Investment Report for September 2001

(2) Minutes from the Third Quarter 2001 Investment Committee Meeting

(b) Monthly Financial Report for September 2001

(c) Annual Capital Project Status Report

(d) External Quality Control Review (including Activities and Accomplishments of the Office of the City Auditor July 1999-June 2001)

(e) Oral petitions

(f) Adjournment

3.4 Results of Employee Election and appointments to various Boards and Commissions.

Supplemental memo with election results

Recommendation: Appoint candidates to the following Boards and Commissions:

(a) Appoint one employee/member to the Federated City Employees Retirement System Board of Administration to a term which expires November 30, 2005.

(b) Appoint one Police Department employee/member to the Police and Fire Department Retirement Plan Board of Administration to a term which expires November 30, 2005.

(c) Interview and appoint one candidate to the Civil Service Commission to a term which expires December 1, 2005.

(d) Appoint two employees and an alternate employee to the Suggestion Award Commission to terms which expire November 20, 2003.

(City Clerk)

 

4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT

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4.1 Report of the Economic Development & Environment Committee

Council Member Williams, Chair

4.2 Approval of various actions related to the Gadberry Court housing development.

Recommendation: Adoption of a resolution approving business terms for a construction/permanent loan of up to $1,800,000 to ROEM Development Corporation, or its designated partnership, for the development of the 55-unit Gadberry Court housing development with 54 units affordable to very low- and extremely low-income senior households and one unrestricted manager’s unit on a 1.07-acre site located on the north side of Alum Rock Avenue, on the block bounded by Highway 680 and Alexander Avenue. Council District 5. (Housing)

4.3 Approval of various actions related to the Rose Gardens senior housing development.

Recommendation: Adoption of a resolution approving business terms for a construction and permanent loan of up to $2,775,000 to ROEM Development Corporation, or its designated partnership, for the development of the 66-unit Rose Gardens senior housing development with 65 units affordable to very low-income households and one unrestricted manager’s unit on a 1.35-acre site located at 3071 Rose Avenue, between Capitol Avenue and South White Road. Council District 5. SNI: 680 East Valley Communities. (Housing)

4.4 Public Hearing on the vacation of an easement along Silver Creek Road.

Recommendation: PUBLIC HEARING and adoption of a resolution approving the vacation of a roadway easement along Silver Creek Road between Yerba Buena Road and Silver Creek Valley Road, reserving a public service easement over the area. CEQA: Resolution No. 61784. Council District 8. (Public Works)

RECOMMEND CONTINUANCE TO 12/4/01

 

5 RECREATION & CULTURAL SERVICES

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

Council Member Chavez, Chair

 

6 TRANSPORTATION SERVICES

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7 ENVIRONMENTAL & UTILITY SERVICES

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7.1 Approval to amend the agreement for the Bay Trail Master Plan Environmental Feasibility Study.

Recommendation: Approval of the second amendment to the agreement with Thomas Reid Associates for consultant services for the Bay Trail Master Plan Environmental Feasibility Study, extending the term of the agreement by one year to December 31, 2002, and increasing the maximum amount of compensation by an amount not to exceed $6,000, for a total agreement amount not to exceed $176,000. (Public Works)

 

8 AVIATION SERVICES

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9 PUBLIC SAFETY SERVICES

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9.1 Acceptance of the 2001-2002 Weed Abatement Report.

Recommendation: Adoption of a resolution:

(a) Accepting the 2001-2002 Weed Abatement Report (County of Santa Clara’s 2001-2002 Hazardous Vegetation Commencement Report) compiled by the Office of the Santa Clara County Fire Marshal.

(b) Declaring that those certain noxious or dangerous seasonal and recurrent weeds, growing or likely to be growing, and refuse, situated or likely to be situated, on those properties identified in the report are a nuisance.

(c) Directing the Office of the Santa Clara County Fire Marshall to mail notices of a public hearing, on December 18, 2001 at 1:30 p.m. before the City Council, on the report to property owners of affected real properties, pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Agreement between the City of San José and the County of Santa Clara.

(Planning, Building and Code Enforcement)

 

10 JOINT COUNCIL/REDEVELOPMENT AGENCY

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· Closed Session Report

· Notice of City Engineer’s Pending Decision on Final Maps

None filed

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

· Adjournment