SAN JOSE CITY COUNCIL

AMENDED AGENDA

APRIL 13, 2004

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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 4)

            Presentation of a personal history of the Battle of Bataan by the Digital Club House.

·                   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.

*          See New Item 1.2, Presentation of a proclamation recognizing the week of April 11th-17th as National Public Safety Dispatchers Week in San José.

Adjournment:  This meeting will be adjourned in memory of Herman Levy, a member of the Human Rights Commission, law professor at the University of Santa Clara, and long time San José resident.

1     CEREMONIAL ITEMS

1.1       Presentation of a proclamation to the Fil-Am Veterans declaring April 13, 2004, Bataan Day.  (Reed)

*1.2       Presentation of a proclamation recognizing the week of April 11th-17th as National Public Safety Dispatchers Week in San José.  (Mayor)

            (Orders of the Day)

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 an agreement for the North Concourse Project and Central Plant Expansion Project at the Airport.

*          Recommendation:  Approval of an agreement with Engineering Economics, Inc. for consultant services for quality assurance commissioning of the planned North Concourse Project and Central Plant Expansion Project at the Norman Y. Mineta San José International Airport, for the period from March 15, 2004 to September 30, 2008, in an amount not to exceed $224,062.  CEQA:  Resolution Nos. 67380 and 71451, PP03-09-275.  (Airport)

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

            Recommendation:  

            (a)        Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the University SNI Pedestrian Light Project (PSM 352) Project with a net impact to the fund of $60,000.

            (b)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the University SNI Pedestrian Light Project as more specifically described in the memorandum from the Redevelopment Agency, dated March 8, 2004.

            CEQA:  Not a Project.  Council District 3.  SNI:  University.  (City Manager’s Office)

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 2003-2004 #19, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)
TPAC

2.6              Report on RFQ for coating and rehabilitation tank work for the Water Pollution Control Plant.

            Recommendation: 

            (a)        Report on Request for Quotation (RFQ) for coating and rehabilitation of clarifier tanks and approval of award to George E. Masker, Inc., for a total cost of $253,000 including taxes and freight.

            (b)        Authorize the Director of General Services to execute the service order. 

            CEQA:  Exempt, PP03-04-112.  (General Services)
TPAC

2.7              Approval to provide certifications for an application for grant funding associated with the Burbank/Del Monte Community Center Project. 

            Recommendation:  Adoption of a resolution providing additional certifications required by the State for completion of the City’s application for a $3,000,000 grant request under Proposition 40, the Urban Park Act of 2001, associated with the Burbank/Del Monte Community Center Project.  CEQA:  Exempt, PP03-12-376.  Council District 6.  SNI:  Burbank/Del Monte.  (Parks, Recreation and Neighborhood Services)

2.8              Approval of the annexation of McKinley No. 109.

            Recommendation:  Adoption a resolution ordering the reorganization of territory designated as McKinley No. 109, which involves the annexation to the City of San José of 0.62 gross acre of land located at the southeast corner of White Road and Buckner Road, and the detachment of the same from the County Lighting Service, Central Fire Protection, Area No. 01 (Library Services) County Service, and County Sanitation District – 2-3.  CEQA:  Resolution No. 65459.  Council District 5.  (Planning, Building and Code Enforcement)

2.9              Approval of the 2002-2004 Spending Plan for the Supplemental Law Enforcement Services Fund. 

            Recommendation: 

            (a)        Approval of the proposed increase of $69,200 to the 2002-2004 Spending Plan for the Supplemental Law Enforcement Services (SLES) Fund. 

            (b)        Adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the Supplemental Law Enforcement Services Fund (Fund 414) for Fiscal Year 2003-04:

                        (1)        Increase the SLES 2002-2004 Grant appropriation for the Police Department in the amount of $69,200;

                        (2)        Increase the Earned Revenue by $30,274.

                        (3)        Decrease the Ending Fund Balance by $38,926.

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

2.10          Approval to award a contract for the Watson Park Skate Facility Project.

Recommendation: 

            (a)        Report on bids and award of contract for the Watson Park Skate Facility Project to the sole bidder, A.J. Vasconi General Engineering to include the base bid and Add Alternate Nos. 1 and 2 in the amount of $352,800, and approval of a contingency in the amount of $35,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Park Trust Fund:

                        (1)        Establish the Watson Park Skate Facility Project to the Department of Parks, Recreation and Neighborhood Services in the amount of $70,000;

                        (2)        Decrease the Reserve for Future PDO/PIO Projects by $70,000.

            CEQA:  Exempt, H03-042.  Council District 3.  SNI:  Thirteenth Street.  (Public Works/Parks, Recreation and Neighborhood Services/City Manager's Office)

*2.11     Approval to award a contract for the Plata Arroyo Park Skate Facility Project.

            Recommendation: 

            (a)        Report on bids and award of contract for the Plata Arroyo Park Skate Facility Project to the lowest responsive bidder, Robert A. Bothman, Inc., to include the base bid and Add Alternate Nos. 2 and 3 in the amount of $408,461, and approval of a contingency in the amount of $38,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Park Trust Fund:

                        (1)        Increase the Plata Arroyo Park Skate Facility Project by $108,000;

                        (2)        Decrease the Plata Arroyo Park Improvements Project by $102,000;

                        (3)        Decrease the Reserve for Future PDO/PIO Projects by $6,000.

            CEQA:  Exempt, PP03-08-251.  Council District 5.  SNI:  Gateway East.  (Public Works/Parks, Recreation and Neighborhood Services/City Manager's Office)

            (Deferred from 4/6/04 – Item 2.16)

            RECOMMEND DEFERRAL TO 4/20/04

*2.12     Approval of the City Auditor’s travel calendar through June 30, 2004.

            Recommendation:  Approval of the City Auditor Gerald Silva’s travel calendar through June 30, 2004, at no expense to the City.  (City Auditor)

            (Rules Committee referral 4/7/04)

*2.13     Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through March 15, 2004.

            Recommendation:  Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through March 15, 2004.  (City Auditor)

            (Rules Committee referral 4/7/04)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of Rules in Lieu – April 1, 2004

            Vice Mayor Dando, Chair

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

*3.4       Adoption of a resolution supporting federal transportation funding reauthorization.

            Recommendation:  Adoption of a resolution supporting federal transportation funding reauthorization.  (Dando, LeZotte)

            (Rules Committee referral 4/7/04)

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

            Council Member Williams, Chair

4.3              Approval of actions related to various Affordable Housing Projects.

*          Recommendation: 

            (a)        Adoption of a resolution:

                        (1)            Approving funding commitments for a loan of up to $5,671,900, and a conditional grant of up to $2,300,000, to CORE Development Inc., or its designated affiliate entity, for the development of the 148-unit Art Ark Housing project, located at the northeast corner of South 5^th and Keyes Streets, to be made affordable to extremely low- and very low-income households.

                        (2)            Approving a funding commitment for a loan of up to $8,378,250, to the Housing Authority of the County of Santa Clara, or its designated affiliate entity, for the development of the 130-unit Fairgrounds Family Housing project, located at 350 Tully Road, to be made affordable to low- and very low-income households.

                        (3)            Approving a funding commitment for a loan of up to $10,856,800, to ROEM Development Corporation, or its designated affiliate entity, for the development of the 170-unit Fairgrounds Family Apartments project, located at 350 Tully Road, to be made affordable to very low- and low-income households.

                        (4)            Finding that the use of 20% Housing Funds for the Fairgrounds Family Housing project and the Fairgrounds Family Apartments project is of benefit to the Redevelopment Project Areas in San Jose.

            (b)        Adoption of amendments to the annual Funding Sources Resolution and the annual Appropriation Ordinance in the Multi-Source Housing Fund (Fund 448) to:

                        (1)            Increase Revenue Estimate by $2,500,000.

                        (2)            Establish an Extremely Low-Income Housing appropriation to the Housing Department for $2,500,000.
Supplemental
Supplemental 2

4.4              Public hearing on the 2004-2005 Draft Consolidated Plan.

            Recommendation:  Public hearing on the 2004-2005 Draft Consolidated Plan Annual Action Plan, including FY 2004-2005 proposed recommendations for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership Program (HOME), the Housing Opportunities for People with HIV/AIDS (HOPWA) Program, and the Emergency Shelter Grant (ESG) Program.  CEQA:  Not a Project.  (Housing/Parks, Recreation and Neighborhood Services)
Attachment A

*4.5       Approval of an ordinance amending the San José Municipal Code to provide for a preference in the award of contracts for local businesses and small businesses.

            Recommendation:  Approval of an ordinance amending the San José Municipal Code by adding a new Chapter 4.06 and amending Section 4.12.117, adding Section 4.12.118 to Chapter 4.12 and amending Sections 4.13.135 and 4.13.040 of Chapter 4.13 of Title 4 to establish contracting preferences for local and small businesses.  (City Attorney’s Office)

            (Deferred from 4/6/04 – Item 4.4)
RECOMMEND DEFERRAL TO 5/4/04

*4.6       Approval of an agreement for the Coyote Valley Specific Plan, Design Guidelines, and Zoning Districts.

            Recommendation: 

            (a)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the General Fund:

                        (1)        Increase the City-Wide appropriation for the Coyote Valley Specific Plan by $2,000,000; and

                        (2)        Increase the estimate for Other Revenue by $2,000,000.

            (b)        Take the following actions in regard to the preparation of the Coyote Valley Specific Plan:

                        (1)        Approval of a consultant agreement with the Dahlin Group land planning and urban design team to prepare the Coyote Valley Specific Plan, Design Guidelines, and Zoning Districts for an amount not to exceed $2,000,000.

                        (2)        Delegate the authority to approve minor amendments to the consultant agreement to the Director of Planning, Building and Code Enforcement to account for increases in funding received from Coyote Housing Group, LLC and minor schedule or task changes that are necessary to conform to the City Council’s Vision and Expected Outcomes for the Coyote Valley Specific Plan, and delegate to the Director the authority to extend the term of this agreement for up to 12 months to ensure the successful completion of this planning effort.

            CEQA:  Exemption, PP03-06-211.  Council District 2.  (Planning, Building and Code Enforcement)

            (Deferred from 3/30/04 – Item 4.6 and 4/6/04 – Item 4.8)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

5.2              Approval of an exception to the City’s Subordination Policy.

*          Recommendation:  Approval of an exception to the City’s Subordination Policy allowing the City to subordinate its Community Development Block Grant (CDBG) Loan in the amount of $794,979 to The Mexican American Community Services Agency, Inc. (MACSA) to the National Cooperative Bank Development Corporation.  CEQA:  Not a Project.  Council District 5.  SNI:  Gateway East.  (Parks, Recreation and Neighborhood Services)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

7     ENVIRONMENTAL & UTILITY SERVICES

8     AVIATION SERVICES

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

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

10.1          Presentation on the development and implementation of One-Voice Service Delivery Pilot Projects. 

*          Recommendation:  Presentation on the development and implementation of One-Voice Service Delivery Pilot Projects.  (City Manager’s Office/Redevelopment Agency). RECOMMEND DEFERRAL TO 4/27/04

            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:

            This meeting is adjourned in memory of Herman Levy, a member of the Human Rights Commission, law professor at the University of Santa Clara, and long time San José resident.