SAN JOSE CITY COUNCIL

AMENDED AGENDA

JUNE 8, 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 6) -

             Reverend Margo Tenold, Trinity United Methodist Church

·                   Pledge of Allegiance

·                   Orders of the Day

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

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

*          See New Item 1.2, Commendation to Gay Ministries Committee Council of Churches, Santa Clara County, in honor of Celebration in Spirit.

*          See New Item 1.3, Presentation of a proclamation declaring the week of June 6-12, 2004 as San José Wildlife Week.

1     CEREMONIAL ITEMS

1.1            Presentation of a proclamation declaring the week of June 5-13, 2004 as Silicon Valley Affordable Housing Week.  (Housing)

*1.2       Commendation to Gay Ministries Committee Council of Churches, Santa Clara County in honor or Celebration ion Spirit.  (Yeager)

            (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 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) with a net impact to the fund of $820,170, for the following projects:

                        (1)            Washington and Edenvale Great Oaks Street Lights Project (PSM 368).

                        (2)            William Street and McLaughlin Avenue Improvement Project (PSM 369).

                        (3)            McLaughlin Avenue Improvement Project (PSM 370).

                        (4)            Traffic Signal at 7^th and Martha Streets Project (PSM 372).

                        (5)            West San Carlos Street Improvement Project (PSM 373).

                        (6)            Greater Gardner Neighborhood Streetscape Improvement Project (PSM 374).

                        (7)            Martha Street Pedestrian/Bicycle Bridge Development Project (PSM 357).

            (b)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the:

                        (1)            Washington and Edenvale Great Oaks Street Lights Project, as more specifically described in the memorandum from the Redevelopment Agency, dated April 16, 2004.

                        (2)            William Street and McLaughlin Avenue Improvement Project, as more specifically described in the memorandum from the Redevelopment Agency, dated April 15, 2004.

                        (3)            McLaughlin Avenue Improvement Project, as more specifically described in the memorandum from the Redevelopment Agency, dated April 15, 2004.

                        (4)            Traffic Signal at 7^th and Martha Streets Project, as more specifically described in the memorandum from the Redevelopment Agency, dated April 15, 2004.

                        (5)            West San Carlos Street Improvement Project, as more specifically described in the memorandum from the Redevelopment Agency, dated April 15, 2004.

                        (6)            Greater Gardner Neighborhood Streetscape Improvement Project, as more specifically described in the memorandum from the Redevelopment Agency, dated April 15, 2004.

                        (7)            Martha Street Pedestrian/Bicycle Bridge Development Project, as more specifically described in the memorandum from the Redevelopment Agency, dated May 4, 2004.

            CEQA:  Not a Project.  Council Districts 2, 3, 6, and 7.  SNI:  Washington, Edenvale/Great Oaks, Five Wounds/Brookwood, Tully/Senter, Spartan/Keyes, Delmas Park, Greater Gardner.  (City Manager’s Office)

2.4              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 #22, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

2.5              Approval of the donation of a rubber-tired wheel loader to the City of La Paz, Mexico. 

            Recommendation:  Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the donation of one (1) rubber-tired wheel loader with a total estimated value of $6,100 to the City of La Paz, Mexico.  CEQA:  Not a Project.  (General Services)

2.6              Approval of the annexation of Penitencia No. 71.

            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as Penitencia No. 71, which involves the annexation to the City of San José of 1.05 gross acres of land 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 Nos. 44 and 56, and the detachment of the same from Central Fire Protection, Area No.1 (Library Services) County Services.  CEQA:  Resolution No. 65459, GP2020 EIR.  Council District 4.  (Planning, Building and Code Enforcement)

2.7              Approval of a Contract Change for the Rincon Storm System Improvements Project (Phase II).

            Recommendation:  Approval of Contract Change Order No. 10 with Anderson Pacific Construction Engineering, Inc., for the Rincon Storm System Improvements Phase II Project, in the amount of $175,209.75, for a total contract amount of $21,059,524.59.  CEQA:  Resolution No. 60197, PP00-10-149.  Council District 4.  (Public Works)

2.8              Approval to award a contract for the Traffic Signal Installation at Brigadoon Way and Daniel Maloney Drive Project.

            Recommendation:  Report on bids and award of contract for the Traffic Signal Installation at Brigadoon Way and Daniel Maloney Drive Project to the low bidder, Brown & Fesler, Inc., in the amount of $169,699, and approval of a contingency in the amount of $16,960.  CEQA:  Exempt, PP02-07-197.  Council District 8.  (Public Works/Transportation)

2.9              Approval to award a contract for the Bucknall Road Sidewalk Project.

            Recommendation:  Report on bids and award of contract for the Bucknall Road Sidewalk Project, from Villanova Drive to Maroel Road, to the low bidder, Golden Bay Construction, Inc., in the amount of $138,830, and approval of a contingency in the amount of $7,150.  CEQA:  Exempt, PP 02-01-011.  Council District 1.  (Public Works/Transportation)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – May 26, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review June 8, 2004 Draft Agenda

                        (2)            Add New Items to June 1, 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

                        (2)            Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

                        (1)            Advisory Commission on Rents

                        (2)            Airport Commission

                        (3)            Arts Commission

                        (4)            CDBG Steering Committee

                        (5)            Disability Advisory Commission

                        (6)            Early Care and Education Commission

                        (7)            Historic Landmarks Commission

                        (8)            Library Commission

                        (9)            Mobile Home Advisory Commission

                        (10)            Parks and Recreation Commission

                        (11)            Senior Citizens Commission

                        (12)            Small Business Development Commission

                        (13)            Traffic Appeals Commission

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)            City Manager’s report on Building Capacity to Maintain a Strong Leadership Team for the City of San José

                        (2)            Written report from City Manager including a schedule of community meetings for the Public Art Process at the Norman Y. Mineta San José International Airport

                        (3)            Request to defer the issue of “Concurrent Sale of Gasoline, Food, Groceries and Alcohol” for an additional 60 days to August 2004

            (h)        Oral communications

            (i)         Adjournment

3.2       Report of the Rules Committee – June 2, 2004 (partial)

            Vice Mayor Dando, Chair

            (f)         Appointments to Boards, Commissions and Committees

                        (1)        Arts Commission

                        (2)        Library Commission

                        (3)        Traffic Appeals Commission

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

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 – May 24, 2004

            Council Member Williams, Chair
Summary

            (a)            Report on attracting business to Hayes and Convention Center

            (b)            Report on the results of development process improvements

            (c)            Oral petitions

            (d)            Adjournment

4.3              Approval of various actions related to Business Improvement Districts.

            Recommendation: 

            (a)        Preliminary approval of the report as filed by the Downtown Business Improvement District Advisory Board, or as modified by Council; and adoption of a resolution of intention to levy the annual assessment for 2004-2005, and set June 22, 2004 at 1:30 p.m. as the date and time for the public hearing on the levy of the proposed assessments.  CEQA:  Exempt, PP03-05-165.  Council District 3.  SNI:  St. James Square; University; Josefa/Auzerais; Burbank/DelMonte.  (Economic Development)

            (b)        Preliminary approval of the report as filed by the Willow Glen Business Improvement District Advisory Board, or as modified by Council; and adoption of a resolution of intention to levy the annual assessment for 2004-2005, and set June 22, 2004 at 1:30 p.m. as the date and time for the public hearing on the levy of the proposed assessments.  CEQA:  Exempt, PP03-05-165.  Council District 6.  (Economic Development)

            (c)        Preliminary approval of the report as filed by the Japantown Business Improvement District Advisory Board or as modified by Council, and adoption of a resolution of intention to levy the annual assessment for 2004-05, and set June 22, 2004 at 1:30 p.m. as the date and time for the public hearing on the levy of the proposed assessments.  CEQA:  Exempt, PP03-05-165.  Council District 3.  SNI:  13^th Street.  (Economic Development)

4.4              Approval of actions related to the issuance of General Obligation Bonds, Libraries, Parks and Public Safety Projects.  (Series 2004)

            Recommendation:  Adoption of a resolution:

            (a)        Authorizing the issuance of City of San José General Obligation Bonds, Series 2004 (Libraries, Parks and Public Safety Projects) (the "2004 Bonds") in the not-to-exceed aggregate principal amount of $120,000,000, to be sold at a competitive sale.

            (b)        Approving in substantially final form, the Fiscal Agent Agreement, the Official Notice Inviting Bids, and the Preliminary Official Statement; and authorizing the City Manager or other authorized officers to execute these documents and other related documents as necessary in connection with the issuance of the 2004 Bonds.

            (c)        Authorizing RBC Dain Rauscher, the Financial Advisor to the City on the issuance of the 2004 Bonds, to bid on the underwriting of the 2004 Bonds.

            CEQA:  Not a Project.  (Finance)
Supplemental

4.5              Approval to award a contract for the New City Hall Rotunda Sunshade Project. 

*            Recommendation:  Report on bids and award of contract for the San José New City Hall Rotunda Sunshade Project to the sole bidder, Peninsulators, Inc., in the amount of $231,222, and approval of a contingency in the amount of $23,100.

*4.6       Approval of fiscal actions related to the Vintage Tower Apartments.

            Recommendation:  Adoption of a resolution:

            (a)        Authorizing the issuance of tax-exempt multifamily housing revenue bonds designated as "City of San José Multifamily Housing Revenue Bonds (Vintage Tower Apartments) Series 2004B" in an aggregate principal amount not to exceed $5,500,000 (the "Bonds"), to be issued and delivered in two sub-series designated as Series 2004B-1 in the estimated principal amount of $4,350,000, and as Series 2004B-2 in the estimated principal amount of $1,150,000;

            (b)        Approving a loan of bond proceeds to First Methodist Church Tower Properties, L.P., a California limited partnership, for financing the acquisition and rehabilitation of the Vintage Tower Apartments located at 235 East Santa Clara Street in San José;

            (c)        Approving in substantially final form the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, the Bond Purchase Agreement and the Assignment of Mortgage Loan; and

            (d)        Authorizing the City Manager or other authorized officer to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

            CEQA:  Exempt, PP03-03-090.  Council District 3.  (Housing)

            (Deferred from 6/1/04 – Item 4.3)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

5.2              Approval of fiscal actions related to the Calpine Open Space Project.

            Recommendation:  Adoption of the following appropriation ordinance amendments in the Parks City-Wide Construction and Conveyance Tax Fund:

            (a)        Increase the Calpine Open Space Project by $585,000.

            (b)        Decrease the Reserve for Calpine Open Space Project by $585,000.

            CEQA:  Exempt, PP03-05-0166.  Council District 2.  (Parks, Recreation and Neighborhood Services/City Manager's Office)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

6.2              Approval of changes to the Fee Schedule for Tow Service agreements.

Recommendation:  Adoption of a resolution amending Resolution No. 71324 effective July 1, 2004 to:

*          (a)        Increase the flat rate per tow as consideration for the privilege of providing City-generated tows to $50.95;

            (b)        Increase the maximum rates that tow contractors may charge vehicle owners for basic tows to $112.09 per tow.

            CEQA:  Not a Project.  (Planning, Building and Code Enforcement).

7     ENVIRONMENTAL & UTILITY SERVICES

8     AVIATION SERVICES

8.1              Approval to award a contract for the Airport North Concourse Building Site Preparation and Excavation Project.  (Package 1)

*          Recommendation: 

            (a)        Report on bids and award of contract for the Norman Y. Mineta San José International Airport North Concourse Building Site Preparation and Excavation (Package 1) Project to the low bidder, DeSilva Gates Construction, in the amount of $10,189,750 and approval of a contingency in the amount of $1,019,000. 

            (b)        Adoption of the following appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund:

                        (1)        Increase the North Concourse Site Facility Relocations appropriation in the amount of $500,000.

                        (2)        Decrease the Gate A1-C Relocation appropriation in the amount of $500,000.

            CEQA:  Resolution Nos. 67380 and 71451, PP 04-03-092.  (Public Works)

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1 AND 10.2 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, public safety bond projects, and Strong Neighborhoods Initiative (SNI) Projects.  CEQA:  Not a Project.  (City Manager’s Office/Redevelopment Agency)

10.2          Review and discussion of amendments to the Lobbying Ordinance.

*          Recommendation:  Approval of an ordinance amending Chapter 12.12 of Title 12 of the San José Municipal Code to amend and restate the City of San José Municipal Lobbying Ordinance.  (Blue Ribbon Task Force). RECOMMEND DEFERRAL TO 6/29/04

            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:

            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