SAN JOSE CITY COUNCIL

AMENDED AGENDA

MAY 25, 2004

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 5)

*  Invocation:  Sylvia Lowe- Volunteer Tour Guide at the Chinese Cultural Garden at Overfelt Gardens Park

·                   Pledge of Allegiance

·                   Orders of the Day

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

THERE WILL BE A JOINT CITY COUNCIL/SAN JOSÉ FINANCING AUTHORITY MEETING FOLLOWING THE REGULAR SESSION OF THE COUNCIL 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 3.4, Postpone the Planning Commission interviews scheduled for June 1st and direct the City Clerk to extend the application deadline for Planning Commission applications for two weeks.

1     CEREMONIAL ITEMS

1.1            Presentation of a commendation to Damian Trujillo, reporter, NBC11, for being named Reporter of the Year.  (Campos)

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.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 27142 – Adds Chapter 25.17 to Title 25 of the San José Municipal Code to provide for recovery of emergency response costs for security breaches at the Norman Y. Mineta San José International Airport.

            (b)        ORD. NO. 27143 – Adds Chapter 10.43 to Title 10 of the San José Municipal Code to provide for the recovery of false emergency response costs.

            (c)        ORD. NO. 27144 – Adds Section 1.08.016 to Chapter 1.08 of Title 1 of the San José Municipal Code to provide for the recovery of the costs of investigation and monitoring, and attorney’s fees in Code Enforcement actions.

2.3              Approval of an ordinance modifying certain provisions of the Business Tax.

*          Recommendation:  Approval of an ordinance amending Sections 4.76.290, 4.76.345, and 4.76.820 of Chapter 4.76 of Title 4 of the San José Municipal Code to retroactively provide a 45 day grace period for new businesses, retroactively replace the financial hardship refund procedure with a financial hardship exemption, increase the authority of the Director of Finance to compromise claims involving the payment of the business tax, including penalties, and interest, and add a new Section 4.76.746 to retroactively exempt family caregivers and authorize certain refunds of the business tax, interest, and penalties.  CEQA: Exempt, PP 04-05-170.  (City Attorney's Office)

2.4              Approval of fiscal actions related to a Senior Staff home loan.

            Recommendation:  Adoption of the following appropriation ordinance amendments in the General Fund to:

            (a)        Decrease Contingency Reserve by $250,000; and

            (b)        Increase Senior Staff Home Loan Appropriation by $250,000.

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

2.5              Approval of 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 Curb and Gutter Replacement Project (PSM 360) Project, in the amount of $75,000.

            (b)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Curb and Gutter Replacement Project as more specifically described in the memorandum from the Redevelopment Agency, dated March 23, 2004.

            CEQA:  Not a Project.  Council District 5.  SNI:  Gateway East.  (City Manager’s Office)

2.6              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 #21, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

2.7              Approval to purchase hardware and software for e-mail consolidation.

            Recommendation:  Approval to award the purchase of Storage Area Network (SAN) hardware including a storage processor, disk array, servers, and supporting software to DELL Marketing LP, as a sole source purchase, for a total cost of $371,090 including delivery, installation, and tax; and authorize the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services/Information Technology)

2.8              Approval of City second mortgages for the Bonita Court development.

*          Recommendation:   Adoption of a resolution approving a funding commitment of up to $360,000 to Bonita Condos LLC, or its designated affiliate entity, to provide City second mortgages to low-income households to assist in the purchase of condominium homes in the Bonita Court development located on the east side of Bonita Court, adjacent to the fly-over connector between southbound Highway 101 and northbound Interstate 280.  CEQA:  Not a Project.  Council District 3.  SNI:  Five Wounds/Brookwood Terrace.  (Housing)

2.9              Approval of a one-time increase of a special event gate fee.

            Recommendation:  Approval of a one-time increase in the maximum gated event fee from $10 to $13 per person, for the San José Gay Pride Festival to be held in Guadalupe River Park, Discovery Meadow, on June 12 and 13, 2004.  CEQA: Not a Project.  (Parks, Recreation and Neighborhood Services)

2.10          Approval of various actions related to the annexation of Penitencia No. 71.

            Recommendation:  Adoption of a resolution initiating proceedings and setting June 8, 2004 at 1:30 p.m. as the date for Council consideration on the reorganization of territory designated as Penitencia No. 71, which involves the annexation to the City of San José of 1.05 acres of land more or less, located at the on the east side of Noble Lane, approximately 550 feet northerly of Noble Avenue and adjacent to the City of San José annexations Penitencia No. 44 and Penitencia No. 56, and the detachment of the same from Central Fire Protection and Area No. 01 (Library Services) County Services.  CEQA:  Resolution No. 65459.  Council District 4.  (Planning, Building and Code Enforcement)

2.11          Approval to amend a contract for Plan Check consultants.

            Recommendation:  Adoption of a resolution authorizing the City Manager to execute amendments to the following Plan Check consultant Contracts: 1) The Phillips Group; 2) Kutzmann & Associates; 3) Linhart, Petersen, Powers Associates; 4) R.K. Associates; 5) Esgil Corporation; to extend the term of the agreements from July 1, 2004 to June 30, 2005; and further to extend the term for such extension periods as determined to be in the City's interest without further City Council action.  CEQA:  Not a Project.  (Planning, Building and Code Enforcement)

2.12          Approval to award a contract for the Street Lights Crackdown 2004 Project.

            Recommendation:  Report on bids and award of contract for the Street Lights Crackdown 2004 Project to the low bidder, Pacific Electric Company, in the amount of $133,800, and approval of a contingency in the amount of $13,400.  CEQA: Exempt, PP01-02-023.  Council Districts 2, 3, 5, and 7.  SNI:  Washington, East Valley/680 Communities, Tully/Senter, Edenvale/Great Oaks.  (Public Works)

2.13          Approval of various actions related to the Monterey Road Streetscape Improvement Project.

            Recommendation:  Approval of modifications to the project schedule and continuation agreement with Bellecci & Associates, Inc., for consultant services for the Monterey Road Streetscape Improvement Project (Keyes Street/Curtner Avenue), at no additional cost.  CEQA:  Resolution No. 65657, PP01-07-135.  Council Districts 3 and 7.  SNI:  Spartan/Keyes.  (Public Works)

2.14          Approval of a Community Event date for the Viet Et Foundation Summer Concert.

            Recommendation:  Approval of use of the HP Pavilion at San José for a Community Event date, at a 75% program funding level that is not to exceed $30,000, for the Viet Et Foundation Summer Concert on June 19, 2004.  CEQA:  Not a Project.  (San José Arena Authority)

2.15          Approval of City Event dates for middle and high school graduations for June 2004.

            Recommendation:  Approval of use of the HP Pavilion for City Event dates for middle and high school graduations for June 2004.  CEQA:  Not a Project.  (San José Arena Authority)

2.16          Approval to submit a grant application for the Transportation Development Act, Article 3.

            Recommendation:  Adoption of a resolution approving various pedestrian and bicycle projects to be submitted for 2004-05 Transportation Development Act, Article 3 (TDA3) grant funding in the amount of $587,068 and authorizing the City Manager to execute any documents necessary to accept any grant funds awarded to the City.  CEQA: Exempt, PP04-04-141.  (Transportation)
Attachment A
Attachment B

2.17          Approval to install various bicycle lanes.

*          Recommendation:  Adoption of a resolution amending Resolution No. 69385 authorizing the installation of bicycle lanes at various locations. CEQA:  Exempt, PP04-03-082, PP04-04-129.  Council Districts 3 and 4.  (Transportation)

2.18          Adoption of a resolution setting forth a schedule of parking penalties and a late payment surcharge. 

            Recommendation:  Adoption of a resolution to set forth a schedule of parking penalties and a late payment surcharge and repealing Resolution No. 71668.  CEQA:  Not a Project.  (Transportation)
Attachment A

2.19     Approval of Mayor Gonzales' travel.

*          Recommendation:  Approval of Mayor Gonzales' travel to Baltimore, Maryland, May 25-26, 2004, for a Council meeting of the National League of Cities Council on Youth, Education, and Families.  Funding: National League of Cities.  (Mayor)

            (Rules in Lieu referral 5/19/04)

2.20     Approval of Vice Mayor Pat Dando’s travel.

*          Recommendation:  Approval of Vice Mayor Pat Dando’s travel to Washington, D.C., May 26-30, 2004, to lead the City of San José Delegation at the World War II Memorial Dedication Ceremony and Annual Conference.  Funding:  District 10 budget.  (Dando)

            (Rules in Lieu referral 5/19/04)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

            (a)            April 12, 2004 - Airport Improvement Program Study Session

3.2              Report of the Rules Committee – May 12, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review May 25, 2004 Draft Agenda

                        (2)            Add New Items to May 18, 2004 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)            ACA 21 (Bogh), regarding motor vehicle fuel; ACA 24 (Dutra), transportation investment fund: loans; ACA 29 (Harman), transportation investment fund; SCA 20 (Torkalson), motor vehicle fuel sales tax revenue

                                    (b)            Report on proposed State bills pertaining to sexually violent predators

                        (2)            Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)            Results of outreach and negotiation for “Evergreen Specific Plan Construction Tax, Building and Structures Tax, and Residential Construction Tax Fee Suspension/Exemption Renewal”

                        (2)            Verbal report on proposed dates for report schedule on Public Art Process for the Norman Y. Mineta San José International Airport and the Public Art Policy presentation

                        (3)            Request for recommendation to donate or sell surplus rubber tired wheel loader

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee – May 12, 2004

            Council Member Campos, Chair
Summary

            (a)        Investment Report

            (b)        Information Technology Audit

            (c)        Update of Major Information Technology Projects

            (d)        Redevelopment Agency Disposition and Development Agreements

            (e)        Workforce Investment Network Service Delivery and Development Agreements

            (f)         School Crossing Guards Audit

            (g)        Follow-up on Effectiveness of Current City and Redevelopment Agency Community Outreach

            (h)        Oral petitions

            (i)         Adjournment

*3.4       Direct the City Clerk to extend the application deadline for Planning Commission applications for two weeks.

            Recommendation:  Postpone the Planning Commission interviews scheduled for June 1st and direct the City Clerk to extend the application deadline for Planning Commission applications for two weeks.  (LeZotte)

            (Orders of the Day)

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 to award a contract for the Berryessa Road Improvement Project.

            Recommendation:  Report on bids and award of contract for the Berryessa Road Improvement Project to the low bidder, O.C. Jones & Sons, Inc., in the amount of $747,948.50, and approval of a contingency in the amount of $38,000.  CEQA: Exempt, PP 04-01-022.  Council District 4.  (Public Works/Transportation)

4.4              Approval of actions related to the Predatory Lending Action Plan.

      Recommendation:  Approval to:

            (a)        Authorize the Housing Department to work with housing advocacy groups, the lending community, and San Jose’s Financial Literacy Campaign to form a comprehensive anti-predatory lending program that includes counseling, outreach, and education.

            (b)        Await decisions by the California Supreme Court, which is considering the constitutionality of the City of Oakland’s predatory lending ordinance, and Congress, which is considering legislation that would restrict local actions relating to predatory lending, before taking any additional action on an ordinance or other measures.

            CEQA:  Not a Project.  (Housing)
Attachment A
Attachment B
Attachment C

* RECOMMEND DEFERRAL TO 6/1/04

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              Approval to award a contract for Installation of Potable/Non-Potable Water Services and Mains in 2004-2005.

            Recommendation:  Report on bids and approval of award of contract to the low bidder, San José Water Company, in the amount not to exceed $503,805.50, for installation of potable/non-potable water services and mains in 2004-2005.  CEQA:  Exempt, PP85-8-183 and PP91-07-173.  (Environmental Services)
TPAC

7.2              Approval to award a contract for the Filter Influent and Effluent Flow Meter Replacement Project.

            Recommendation:  Report on bids and award of contract for the construction project entitled, “San José/Santa Clara Water Pollution Control Plant, FY 2003/2004 Capital Improvement Program, Filter Influent and Effluent Flow Meter Replacement,” to the low bidder, Anderson Pacific Engineering Construction Incorporated, in the amount of $467,000, and approval of a contingency in the amount of $46,700.  CEQA:  Exempt, PP03-11-356.  (Environmental Services)
TPAC

8     AVIATION SERVICES

8.1              Approval of actions related to air service development consulting at the Airport.

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

            (a)        Negotiate and execute an agreement with Campbell-Hill Aviation Group, Inc. to conduct air service development consulting for Norman Y. Mineta San José International Airport for the for the period of July 1, 2004 through June 30, 2005, in an amount not to exceed $200,000; and

            (b)        Exercise up to three one-year options to extend the agreement on a fiscal year basis to June 30, 2008, for a total amount not to exceed $800,000, subject to annual appropriation of funding for each option year.

            CEQA:  Resolution Nos. 67380 and 71451, PP04-05-161.  (Airport)

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

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

10.1          Approval of actions related to the Parkland In-Lieu Fee Voucher Program. 

            Recommendation: 

*          (a)        Approval of an ordinance by the City Council amending Chapters 14.25 (Park Impact Ordinance) and 19.38 (Parkland Dedication Ordinance) of the San José Municipal Code, in order to commence the exemption for units affordable to low-income residents on November 1, 2004, and to extend the Parkland In-Lieu Fee Voucher Program for eligible low-income residential units.

            (b)        Adoption of resolutions by the City Council and the Redevelopment Agency Board approving the Parkland In-Lieu Fee Voucher Program for the payment of subsidized parkland fees for low-income units by the Redevelopment Agency.

            CEQA:  Not a Project.  SNI:  All.  (City Manager’s Office/Redevelopment Agency)

            (Deferred from 5/18/04 – Item 10.5)

·                   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:

·                   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, MAY 25, 2004 CHAMBERS

1.         Call to Order

2.            Approval of various actions related to the Ice Centre of San José Expansion Project Lease Revenue Bonds.

*          Recommendation: 

            (a)        Conduct a Public Hearing of the City Council concerning the approval of the lease financing by the City and the City of San José Financing Authority for certain public capital improvements of the City, consisting of the expansion of the San José Ice Centre, and make finding of significant public benefit of such financing by the Authority in accordance with the criteria specified in Section 6586 of the Government Code of the State of California.

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

                        (1)        Approving in substantially final form, and authorizing the execution of the Project Lease, Site and Facility Lease, Official Statement, Bond Purchase Agreement, Continuing Disclosure Certificate, Reimbursement Agreement and authorizing the City Manager or his designee 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; and

                        (2)        Establishing Fund 432 as the Ice Centre Revenue Fund, pursuant to the Amended and Restated Lease and Management Agreement with San José Arena Management.

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

                        (1)        Authorizing the issuance of City of San José Financing Authority Taxable Lease Revenue Bonds, Series 2004A (Ice Centre of San José Expansion Project) (Auction Rate Securities) (the “Bonds”) in the not-to-exceed principal amount of $10,000,000 to be sold through negotiated sale subject to certain limitations.

            (b)        (2)        Approving, in substantially final form, the Bonds, Indenture of Trust, Site and Facility Lease, Project Lease, Official Statement, Continuing Disclosure Certificate, Purchase Contract, Auction Agency Agreement, Broker-Dealer Agreement and First Amendment to Project Lease, authorizing the Executive Director or his designee 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.

            CEQA:  Negative Declaration, H-93-06-038 and add addenda thereto, File No. H03-035.  (Economic Development)

3.            Adjourn the San José Financing Authority