SAN JOSE CITY COUNCIL

AMENDED AGENDA

SEPTEMBER 9, 2003

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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 8) - * William Stout, Catholic Chaplain, San José Fire Department, Agnews Development Center

·                   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 recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.

*            ADJOURNMENT:  This meeting will be adjourned in memory of Bob Clayton, Acting Director and one of the founders of ARIS. 

1     CEREMONIAL ITEMS

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 March 25, 2003

            (b)        Joint City Council/Redevelopment Agency Board meeting of March 25, 2003

            (c)        Regular meeting of April 1, 2003

            (d)        Regular meeting of April 8, 2003

            (e)        Joint City Council/Redevelopment Agency Board meeting of April 8, 2003

2.2              Final adoption of ordinances.

*2.3             Approval of an agreement related to an Airport gate scheduling system.

            Recommendation:  Approval of the fourth amendment to the agreement for consultant services regarding Airport gate management with John F. Brown Company, increasing the maximum compensation by $100,000, to a total maximum compensation of $200,000, and extending the term from September 30, 2003 to June 30, 2004.  CEQA: Resolutions No. 67380 and 71451, PP 03-08-252.  (Airport)

2.4              Approval of various actions related to Arts Day in San José.

            Recommendation:  Adoption of a resolution setting Thursday, October 9, 2003, as Arts Day in San José, and authorizing the San José Arts Commission and the Office of Cultural Affairs, Conventions, Arts and Entertainment, to promote an Arts Day event for San José arts and cultural organizations to increase public awareness of the arts.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment)

2.5              Approval of actions regarding a compostable pilot program.

            Recommendation:  Approval of the second amendment to the agreement with GreenTeam of San José for Recycle Plus Integrated Waste Management Services, to make changes necessary for the operation of a compostable pilot program at multi-family properties, at no additional cost to the City.  CEQA:  Negative Declaration, PP92-05-98.  (Environmental Services)

2.6              Approval to designate a public right-of-way.

            Recommendation:  Adoption of a resolution designating the following as public right-of-way:

            (a)        A 25-foot wide strip of City-owned property to accommodate the widening of the south side of Tully Road between Kenoga Drive and Coyote Creek; and

            (b)        A 16-foot wide strip of City-owned property to accommodate the improvement of the west side of Kenoga Drive from Tully Road to approximately 330 feet south of Tully Road.

            CEQA:  Mitigated Negative Declaration, PP02-04-080.  Council District 7.  (Public Works)

2.7              Approval to award a contract for the Cypress Senior Center Kitchen Renovation Project.

*          Recommendation:  

            (a)        Report on bids and award of contract for the Cypress Senior Center Kitchen Renovation Project to the low bidder, Tucker Construction, Inc. in the amount of $198,600, and approval of a contingency in the amount of $39,720. 

            (b)        Adoption of the following appropriation ordinance and funding source resolution amendments in the Community Development Block Grant (CDBG) Fund:

                        (1)        Increase the appropriation to the Department of Parks, Recreation and Neighborhood Services for the Cypress Senior Center Kitchen Upgrade Project by $155,857.

                        (2)        Increase the Unrestricted Beginning Fund Balance Estimate by $155,857.

            CEQA:  Exempt, PP 03-06-218.  NEPA:  Exempt:  Categorically Excluded per 58.35(a)(3).  Council District 1.  (Public Works/Parks, Recreation and Neighborhood Services/City Manager's Office)

2.8       Approval of actions relating to the San José Elections Commission.

            Recommendation:  Approval of actions relating to the San José Elections Commission:

            (a)        Approval of an ordinance amending Titles 2, 4, and 12 of the San José Municipal Code to reflect the change in name of the Campaign Finance Review and Ethics Board to the San José Elections Commission.

            (b)        Adoption of a resolution amending the Rules and Procedures of the San José Elections Commission to reflect the change in name of the Campaign Finance Review and Ethics Board to the San José Elections Commission.

            (City Attorney’s Office)

            (Rules Committee referral 9/3/03)

2.9       Approval of appointments to the City of San José Housing Trust Fund Board.

            Recommendation:  Approval of appointments to the City of San José Housing Trust Fund Board.  (Mayor)

            (Deferred from 9/2/03 – Item 2.7)

            RECOMMEND DEFERRAL TO 9/16/03

3.2(c)   (1)        HEARD BY COUNCIL ON 9/2/03

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – August 27, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review September 9, 2003 Draft Agenda

                        (2)            Add New Items to September 2, 2003 Amended Agenda

·        Mayor and Council Member Requests

·        City Manager Requests

·        City Attorney Requests

·        City Clerk Requests

                        (3)            List of Reports Outstanding

            (c)            Legislative Update

                        (1)            State

                                    (a)            2003 League of California Cities Voting Delegate at the Annual Business Meeting

                                    (b)            2003 League of Cities Resolutions

                        (2)            Federal

                                    (a)            2003 Mid-Year Federal Legislative Report

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointments to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

*3.4              San Jose Elections Commission (formerly Campaign Finance Review and Ethics Board) Interviews.

            Recommendation:  Interview three remaining applicants to the San Jose Elections Commission (formerly Campaign Finance Review and Ethics Board) for two four-year terms ending March 1, 2007.  (City Clerk)

            (Continued from 5/27/03 – Item 3.4 et al., and 9/2/03 – Item 3.4)

            TO BE HEARD LAST IN THE AFTERNOON

3.5              Adoption of an ordinance ratifying final expenditures in various appropriations for FY 2002-2003. 

            Recommendation:  Adoption of an ordinance ratifying final expenditures in various appropriations for FY 2002-2003.  (City Manager’s Office)

*3.6              Approval of fiscal actions related to the 2003-2004 General Fund Rebalancing Plan.

            Recommendation:  Approval of the following actions to implement the 2003-2004 General Fund Rebalancing Plan as approved by City Council on September 2, 2003.

            (a)        Adoption of appropriation ordinance and funding sources resolution amendments in various funds as detailed in Attachment A of this report.

            (b)        Adoption of resolutions amending the Schedule of Fees and Charges and Schedule of Fees for the Use of Parks and Recreational Facilities relating to fees for the Library Department, and Parks, Recreation and Neighborhood Services Department as outlined in Attachment B of this report.

            (c)        Net elimination of 40.38 positions as detailed in Attachment C of this report.

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

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee

            Council Member Chavez, Chair

4.2              Report of the Driving a Strong Economy Committee – August 25, 2003

            Council Member Williams, Chair

            (a)        Policy Discussion on Wireless Communication Policy

                        SEE ITEM 4.3 FOR COUNCIL ACTION TO BE TAKEN

            (b)        Discussion on construction impact mitigation and private development

            (c)        Report on Homeless Policy

                        SEE ITEM 4.4 FOR COUNCIL ACTION TO BE TAKEN

            (d)        Report on Secondary Units

            (e)        Oral petitions

            (f)         Adjournment

4.3              Approval of the proposed update to the City Council Land Use Policy for Wireless Communications Facilities. 

*          Recommendation:  Adoption of a resolution approving an updated City Council Land Use Policy for Wireless Communications Facilities.  (Planning, Building and Code Enforcement)

            [Driving a Strong Economy Committee referral 8/25/03 – Item 4.2(a)]

4.4              Approval of the City of San José’s Homeless Strategy. 

            Recommendation:  Approval of the City of San José’s Homeless Strategy.  (Housing)

            [Driving a Strong Economy Committee referral 8/25/03 – Item 4.2(c)]

4.5              Public Hearing on the 2002-2003 Consolidated Annual Performance Evaluation Report for Housing and Community Development Programs.

            Recommendation:  Public Hearing for public review and comment, on the 2002-2003 Consolidated Annual Performance Evaluation Report (CAPER).  CEQA:  Not a Project.  (Housing/Parks, Recreation and Neighborhood Services)

4.6              Approval of a Memorandum of Understanding related to Habitat Conservation Plan and Natural Community Conservation Plan.

            Recommendation:  Recommendation:  Approval of the Memorandum of Understanding (MOU) with the County of Santa Clara, Santa Clara Valley Water District, and Valley Transportation Authority for the Santa Clara Valley Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP).  CEQA:  Exempt, PP03-08-268.  (Planning, Building and Code Enforcement)

            [Driving a Strong Economy Committee referral 6/23/03 - Item 4.2(d)]
*RECOMMEND DEFERRAL

4.7              Approval of various actions related to the Civic Plaza Parking & Traffic Committee.

            Recommendation:  Adoption of a resolution extending the Civic Plaza Parking & Traffic Committee (PTC) through 2005 and authorizing the PTC to reduce the number of persons on the committee to 17 members.  CEQA:  Not a Project.  (Public Works)

*4.8             Approval of the new location for the New Civic Center off-site employee parking garage.

*            Recommendation:  Adoption of a resolution approving the new location for the Civic Center Garage Project to conform to the location studied in the SEIR, and directing staff to implement mitigation measures identified and described in the SEIR, and to proceed with the design documents.  CEQA:  Resolution to be adopted.  Council District 3.  SNI:  13th Street.  (Public Works)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Public Hearing on a Commercial Solid Waste and Recyclables Collection Franchise application.

            Recommendation:  PUBLIC HEARING on the Commercial Solid Waste and Recyclables Collection Franchise application of Environmental Solutions Waste and Recyclables dba Environmental Solutions Debris Box Service, approval of ordinance granting the franchise, and approval of Commercial Solid Waste and Recyclables Collection Franchise agreement with Environmental Solutions Waste and Recyclables dba Environmental Solutions Debris Box Service.  CEQA:  Negative Declaration, PP92-11-308.  (Environmental Services)

8     AVIATION SERVICES

8.1              Approval of various actions related to the Airport’s Passenger Facility Charges.

            Recommendation:  Adoption of a resolution authorizing the City Manager to submit an application to the Federal Aviation Administration (FAA) to impose and use Passenger Facility Charges (PFCs) for various capital projects at the Norman Y. Mineta San José International Airport in the amount of $145,526,000 and to amend the scope of the City's authority to collect and expend (PFC's) for the Expanded Noise Attenuation Project.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-08-261.  (Airport)

9     PUBLIC SAFETY SERVICES

9.1              Acceptance of the San José Police Department’s response to the 2002-2003 Santa Clara County Civil Grand Jury’s report.

            Recommendation:  Acceptance of the San José Police Department’s response to the 2002-2003 Santa Clara County Civil Grand Jury’s report entitled “Review of Police Department Arrest and Information Release procedures:  Three Cases.”  CEQA:  Not a Project.  (Police)

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

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

10.1          Acceptance of the quarterly CIP and SNI status reports.

            Recommendation:  Acceptance of the quarterly report on the Citywide Capital Improvement Program (CIP) including park, library, and public safety bond projects and Strong Neighborhoods Initiative (SNI) Projects.  CEQA:  Not a Project.  (City Manager’s Office/Redevelopment Agency)

            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:

            None.

            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:

            None.

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

·                   Adjournment - Adjourn in memory of Bob Clayton, Acting Director and one of the founders of ARIS.