SAN JOSE CITY COUNCIL

AMENDED AGENDA

OCTOBER 14, 2003

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On occasion the City Council may consider agenda items out of order.

·                   Call to Order and Roll Call

            *9:00 a.m.    - Closed Session, Room 600, City Hall

                                         See Separate Agenda

            1:30 p.m.    - Regular Session, Council Chambers, City Hall

·                   Invocation (District 9) - Reverend Chris Annas, Christian Center of San José

·                   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 3.6

            *See New Item 8.2

1     CEREMONIAL ITEMS

1.1            Presentation of the Mark E. Keane Award to City Manager Del D. Borgsdorf.  (Mayor)

            (Deferred from 9/30/03 – Item 1.2)

1.2            Presentation of a proclamation declaring the month of October, “Domestic Violence Awareness Month.”  (Dando)

*          (Rules Committee referral 10/8/03)

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.
There were none.

2.2              Approval of Minutes.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26989 – Rezones certain real property situated at the south side of Fleming Avenue, approximately 490 feet southerly of Story Road, to A(PD) Planned Development Zoning District.  PDC 02-091

            (b)        ORD. NO. 26990 - Rezones certain real property situated at the west side of South 34^th Street, opposite Los Suenos Avenue.  PDC 03-021.

            (c)        ORD. NO. 26991 - Rezones certain real property situated at the west side of Zanker Road, approximately 600 feet southerly of Tasman Drive.  PDC 03-043

            (d)        ORD. NO. 26992 - Rezones certain real property situated at the north side of San Felipe Road, approximately 50 feet northwesterly of Fowler Road.  C 03-070

            (e)        ORD. NO. 26993 - Rezones certain real property situated at the northwestern corner of Lick Avenue and West Alma Avenue.  PDC 02-072

*          (e)        ORD. NO. 26995 – Amends various sections of Title 20 of the San José Municipal Code related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control.

*          (f)         ORD. NO. 26995 – Amends various sections of Title 20 of the San José Municipal Code related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control.

2.3              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 #4 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

2.4              Adoption of a resolution authorizing the reorganization of property designated as Berryessa No. 67.

*            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as Berryessa No. 67, which involves the annexation to the City of San José of 6.72 acres of land, located on the west side of King Road, approximately 250 feet southerly of Commodore Drive and generally bounded by the City of San José Annexations Berryessa No. 49, Berryessa No. 41, Berryessa No. 66, Penitencia No. 66, and Berryessa No. 52, and the detachment of the same from the appropriate special districts including: Central Fire Protection and the County Service Area No. 01 (County Library Services Area).  CEQA:  Mitigated Negative Declaration, PDC02-104.  Council District 4.  (Planning, Building and Code Enforcement)

            RECOMMEND DEFERRAL TO 11/04/03

2.5              Adoption of a resolution authorizing the reorganization of property designated as McKee No. 122.

*            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as McKee No. 122 which involves the annexation to the City of San José of 3.33 acres of land, including the abutting portion of right-of-way between Cedarville Lane and North Capitol Avenue, located on the southeast corner of Capitol Avenue and Baton Rouge Drive and generally bounded by the City of San José Annexations McKee No. 78-A and McKee No. 97, and the detachment of the same from the appropriate special districts including: Central Fire Protection and the County Service Area No. 1 (County Library Services Area).  CEQA:  Mitigated Negative Declaration, PDC03-034.  Council District 4.  (Planning, Building and Code Enforcement)

            RECOMMEND DEFERRAL TO 11/04/03

2.6              Approval of nominations to the Workforce Investment Youth Council.

*            Recommendation: Approval of nominations to the Workforce Investment Youth Council.  (Mayor)

            (Rules Committee referral 10/8/03)

2.7              Approval of an appointment to Coyote Valley Specific Plan Task Force.

*            Recommendation: Approval of an appointment to Coyote Valley Specific Plan Task Force.  (Mayor)

            (Rules Committee referral 10/8/03)

2.8              Approval of a Contract Change Order for the Skyport Drive Grade Separation Project.

*            Recommendation:  Approval of Contract Change Order No. 9 with R&L Brosamer, Inc., for the Norman Y. Mineta San José International Airport-Skyport Drive Grade Separation Project in the amount of $114,271, for a total contract amount of $10,222,362. 

            CEQA: Resolution Nos. 67380 and 71451, PP 03-10-308.  Council District:  Citywide.  SNI Area:  NA.  (Public Works)

            (Rules Committee Referral 10/8/03)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – October 1, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review October 14, 2003 Draft Agenda

                        (2)            Add New Items to October 7, 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

                        (2)            Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        California’s Megan’s Law:  Recommendations for Improvements

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4              Approval of various actions in City operating and capital funds to implement 2002-2003 Annual Report recommendations and provide for appropriate technical adjustments.

            Recommendation:  

            (a)        Acceptance of the 2002-2003 City Manager’s Annual Report of the Finances and Administrative Activities of the City of San José, pursuant to the City Charter Section 701(f).

            (b)        Adoption of appropriation ordinance and funding sources resolution amendments in various operating and capital funds to implement 2002-2003 Annual Report recommendations and provide for appropriate technical adjustments.

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

3.5              Approval of action related to the Hayes Mansion Conference Center.

*          Recommendation:  Adoption of a resolution authorizing the City Manager to enter into exclusive negotiations for thirty (30) days with the proposed new manager for the Hayes Mansion, Dolce International Holdings, Inc. (“Dolce”) with the option to commence negotiations with Benchmark Hospitality in the event business terms are not reached with Dolce.  CEQA:  Not a Project.  (City Manager’s Office/Finance/Economic Development)
RECOMMEND DEFERRAL TO 10/21/03

3.6              Approval of various actions related to a transition plan for the Hayes Mansion Conference Center.

*            Recommendation:

            (a)        Approval of an agreement with Hayes Renaissance, L.P. setting for the terms of the transition of the operation and management of the Hayes Mansion Conference Center to a new operator.

            (b)        Adoption of a resolution authorizing the City Manager to negotiate and execute agreements related to the transition of the operation and management of the Hayes Conference Center:

                        (1)            A line of credit agreement with Comerica Bank-California in an amount not to exceed $7,000,000;

                        (2)            An agreement with Devcon Construction Incorporated to assume repayment of the principal of a loan made to Hayes Renaissance, L.P. in the amount of $1.2 million on a subordinated basis from Hayes Mansion Conference Center net revenues; and

                        (3)            A temporary operating agreement with Hayes Renaissance, L.P. for the operation and management of the Hayes Mansion Conference Center until the new operator assumes management and at a cost not to exceed a monthly fee of $15,000.

            (c)        Adoption of amendments to the 2003-2004 appropriation ordinance in the General Funds as follows:

                        (1)            Establish a Hayes Mansion Conference Center Line of Credit Security Earmarked Reserve in the amount of $5,000,000; and

                        (2)            Decrease the Worker’s Compensation/General Liability Catastrophic Earmarked Reserve in the amount of $5,000,000.

            CEQA:  Not a project.  (City Manager’s Office/Finance/Economic Development

            (Rules Committee referral 10/8/03)

            RECOMMEND DEFERRAL TO 10/21/03

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

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

8     AVIATION SERVICES

8.1              Presentation on the design process to improve the Airport.

*            Recommendation:  Acceptance of staff’s presentation on the design process to improve Norman Y. Mineta San José International Airport.  (Airport)

            TO BE HEARD LAST ON THE AGENDA

8.2              Adoption of a resolution extending the moratorium on authorizations granted under article X(B)(2) of the Airport Noise Control Program.

*            Recommendation:  Adoption of a resolution extending the moratorium on authorizations granted under article X(B)(2) of the Airport Noise Control Program (Resolution No. 57211) to operate during the curfew hours of 11:30 p.m. to 6:30 a.m. at the Norman Y. Mineta San José International Airport, for an additional period of three (3) days from October 18, 2003 through October 21, 2003, pending consideration by the City Council of an ordinance to amend and restate the curfew hours and aircraft restrictions provisions of the City of San José Airport Noise Control Program.  (City Attorney’s Office)

            (Orders of the Day)

9     PUBLIC SAFETY SERVICES

9.1              Approval of an ordinance relating to fire safety during construction.

            Recommendation:  Approval of an ordinance amending Title 17 of the San José Municipal Code by adding a new Chapter 17.82 relating to fire safety during construction.  (City Attorney's Office)

*            RECOMMEND DEFERRAL TO 11/18/03

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

·                   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:

            None

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

·                   Adjournment