SAN JOSE CITY COUNCIL

 

AMENDED AGENDA

 

OCTOBER 28, 2003

 

 

LINDA J. LE ZOTTE

DISTRICT 1

 

KEN YEAGER

DISTRICT  6

FORREST WILLIAMS

DISTRICT 2

 

TERRY O. GREGORY

DISTRICT  7

CINDY CHAVEZ

DISTRICT 3

RON GONZALES  MAYOR

DAVID D. CORTESE

DISTRICT  8

CHUCK REED

DISTRICT 4

 

JUDY CHIRCO

DISTRICT  9

NORA CAMPOS

DISTRICT 5

 

PAT DANDO, VICE MAYOR

DISTRICT 10

 

 

To arrange an accommodation under the Americans with Disabilities Act to participate in this public meeting, please call 1 (408) 277-4424 or 1 (408) 998-5299 (TTY) at least two business days before the meeting.

 

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 Karl Overbeek, Church of the Chimes

 

·                   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.

 

 

1     CEREMONIAL ITEMS


 

1.1       Presentation of a commendation to the Youth Science Institute for 50 years of contributions to the citizens of San José and Santa Clara County.  (Parks, Recreation and Neighborhood Services)

 

1.2       Presentation of the League of California Cities’ 2003 Helen Putnam Award of Excellence to the City of San José for the Teacher Housing Program.  (City Manager's Office)

 

*     1.3       Presentation of a proclamation to Services for Brain Injury (SBI) in recognition of Brain Injury Month; for the past fourteen years, SBI has tirelessly worked to assist their clients and their families with services to help them regain maximum independence and to improve their quality of life.  (Dando)

            (Deferred from 10/21/03 – Item 1.5)

 

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              Acceptance of the report on the status of implementation of the Small Business Opportunity Program. 

 

            Recommendation:  Acceptance of the report on the status of implementation of the Small Business Opportunity Program.  CEQA:  Not a Project.  (Economic Development)

 

2.4              Approval of an agreement related to a Recycle Plus Waste Characterization Study.

 

*          Recommendation:  Approval of an agreement with R3 Consulting Group Inc. to perform a waste characterization study for the Recycle Plus Program in a total amount not to exceed $220,000, and adoption of a resolution accepting a contribution from Norcal Waste Systems as reimbursement for the cost of a portion of the study in an amount not to exceed $80,000.  (Environmental Services)

 

2.5              Approval of a cost sharing agreement with the Santa Clara Valley Water District.

 

*          Recommendation:  Approval of an agreement with the Santa Clara Valley Water District (District) for cost sharing associated with implementation of water conservation programs in 2003-2004, under which the City will receive an amount not to exceed $362,500 from the District, and the District will receive an amount not to exceed $446,847 from the City.   CEQA:  Not a Project.  (Environmental Services)
RECOMMEND DEFERRAL TO 11/18/03

 

2.6              Approval to purchase one Airport Rescue and Fire Fighting Vehicle.

 

            Recommendation:  Report on bids and award the purchase of one major Airport Rescue and Fire Fighting (ARFF) Vehicle to the low bidder, Oshkosh Truck Corporation, at a total cost of $662,611.24, including tax and delivery, approximately 80% funded by grant funds, and authorize the Director of General Services to execute the purchase order for the:

            (a)        Purchase of one ARFF vehicle; and

            (b)        Approval of a contingency of 5% for unforeseen engineering requirements that may arise subsequent to the publication of the bid specifications.

            CEQA:  Not a Project.  (General Services) 

 

2.7              Approval to declare a portion of City-owned land as surplus and approving its sale.

 

            Recommendation: 

            (a)        (1)        Direction to the City Clerk to accept a Quitclaim Deed from the County of Santa Clara to the City of San José for a 17,468 square foot parcel of land located southeasterly of Route 87 and Almaden Expressway, adjacent to APN 455-20-060; and

                        (2)        Adoption of a resolution declaring said 17,468 square foot portion of now City-owned land, located southeasterly of Route 87 and Almaden Expressway, surplus to the needs of the City, and authorize its sale to Evans Lane Apartments, L.P. (the adjoining property owner) for $220,000. 

                        CEQA:  Negative Declaration, PDC98-10-078.

            (b)        (1)        Adoption of a resolution declaring a 871.2 square foot portion of City-owned land, located northwesterly of Old Bayshore Highway, adjacent to APN 237-27-064, surplus to the needs of the City; and

                        (2)        Approval of its sale to Pavone & Pena LLC (the adjoining property owner) for $2,500.

                        CEQA:  Exempt, PP03-02-043.

            (General Services)

 

2.8              Approval of the Plata Arroyo Park Master Plan Update.

 

            Recommendation:  Approval of the Plata Arroyo Park Master Plan Update.  CEQA: Exempt, PP03-08-251. Council District 5.  SNI Area:  Gateway East.  (Parks, Recreation and Neighborhood Services)

 

2.9              Approval of a contract for the Edenvale Garden Park Perimeter Fencing Project.

 

*          Recommendation:  Report on bids and take appropriate action based on the evaluation of bids for the Edenvale Garden Park Perimeter Fencing Project, and approval of a five percent contingency.   CEQA:  Negative Declaration, PP90-03-078.  Council District 2.  (Public Works/ Parks, Recreation and Neighborhood Services)
RECOMMEND DEFERRAL TO 11/4/03

 

2.10          Approval of a contract for the Hostetter Road Improvement Project.

 

            Recommendation:  Report on bids and award of contract for the Hostetter Road Improvement Project to the low bidder, Grade Tech Inc., in the amount of $177,870, and approval of a contingency in the amount of $18,000.  CEQA: Negative Declaration, PP 87-05-128.  Council District 4.  (Public Works/ Transportation)

 

2.11          Approval of a contract for the Oakland Road Widening Project.

 

*  Recommendation:  Report on bids and award of contract for the Oakland Road Widening Project from Brokaw Road to Commercial Street to the low bidder, Granite Construction Company, in the amount of $321,998, and approval of a contingency in the amount of $32,000.  CEQA:  Negative Declaration, PP03-06-209.  Council District 4.  (Public Works/Transportation)

 

2.12          Acceptance of the San José Arena Authority Ticket Distribution Program Report.

 

            Recommendation:  Acceptance of the Third Quarter 2003 San José Arena Authority Ticket Distribution program Report.  CEQA:  Not a Project.  (San José Arena Authority)

 

2.13     Approval of a revised Appeals Hearing Board Interview Process.

 

*          Recommendation: Approval of a revised Appeals Hearing Board Interview Process (Mayor/Chirco)

            (Rules Committee referral 10/22/03)

 

2.14     Approval of an ordinance permitting the private sale of City property.

 

*          Recommendation:  Approval of an ordinance amending Section 4.20.080 of Chapter 4.20 of Title 4 of the San José Municipal Code to permit the private sale of City property for economic development and redevelopment.  (City Attorney’s Office)

            (Rules Committee referral 10/22/03)

 

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – October 15, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review October 28, 2003 Draft Agenda

                        (2)        Add New Items to October 21, 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

                        (1)        Request to waive Council Policy regarding appointment to Youth Commission
*HEARD BY COUNCIL ON 10/21/03

            (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              Approval of an agreement for an Owner Controlled Insurance Program at the Airport.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Lamberson Koster & Company, a wholly owned subsidiary of Arthur J. Gallagher & Company, dba Gallagher Construction Services, to provide insurance broker services for an Owner Controlled Insurance Program for the Airport Master Plan projects, including security improvements to be constructed at the Norman Y. Mineta San José International Airport for the upcoming three to five year period, in an amount not to exceed $1,575,000, for a period of three years, with two one-year options for extension.  CEQA:  Resolution Nos. 67380 and 71451, PP03-10-317.  (Finance/Airport)

 

3.5              Report on results of the sealed bids and oral auction of surplus property.

 

*           (a)        Approval of the report on the results of the sealed bids and oral auction of nine (9) surplus City-owned properties held on Monday, October 20, 2003, accepting the high bids for each property; and

            (b)        Authorizing the Director of General Services to execute such documents as are necessary to complete the sales of said properties.

            CEQA:  Exempt, PP00-02-003.  Council Districts 3, 4, 5, 6, 9 and 10.  (General Services)

            DROP

 

 

 

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 the Almaden Family Apartments Development.

 

*          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 (Almaden Family Apartments Project) Series 2003D" in an aggregate principal amount not to exceed $31,300,000 (the "Bonds");

            (b)        Approving in substantially final form the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, the Official Statement, Bond Purchase Agreement, Remarketing Agreement, Mortgage Note, LITHC Agreement, Assignment and Inter-creditor Agreement, Subordinate Trust Indenture, Subordinate Loan Agreement and other related documents;

            (c)        Approving a loan of bond proceeds to Almaden Family Housing Partners, L.P., a California limited partnership, for financing the construction of Almaden Family Apartments to be located at 1525-1541 Almaden Road;

            (d)        Authorizing the issuance of subordinate tax-exempt refunding bonds at the time of completion of the Project in an amount not-to-exceed $5 million;

            (e)        Approving in substantially final form the Subordinate Refunding Bonds, Subordinate Trust Indenture, Subordinate Loan Agreement, and the Forward Bond Purchase Agreement; and

            (f)         Authorizing the Director of Finance and Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

            CEQA:  Negative Declaration, PDCSH98-089.  Council District 7.  (Finance/ Housing)
RECOMMEND DEFERRAL TO 11/4/03

 

4.4              Public Hearing on historical property contract for the Hotel Metropole.

 

            Recommendation:  PUBLIC HEARING ON HISTORICAL PROPERTY CONTRACT for the Hotel Metropole, City Landmark No. HL 88-046, located at the northwest corner of South Market and Post Streets, in the CG Commercial General Zoning District.  (Florin II, LTD, Owner).  CEQA:  Exempt.  (Planning, Building, and Code Enforcement)

            MA 02-003 - District 3

 

4.5              Approval of actions related to the extension and expansion of the Special Tenant Improvement Program.

 

*          Recommendation:

            (a)        Approval of an ordinance:

                   1. amending Section 4.46.039.8 of Chapter 4.46 of Title 4 of the San José Municipal Code to extend the period during which the City suspends the collection of Building and Structure Construction Taxes imposed for the construction of special industrial use tenant improvements. 

                    2. Amending Chapter 4.46 of Title 4 of the San José Municipal Code to add a new section 4.46.039.9 to provide for the suspension of the collection of Building and Structure Construction Taxes imposed for the construction of office use tenant improvements in the Downtown Core.

            (c)        Direct staff to extend the Coordinated Plan Check Review process allowing for plan check fee collection deferral until permit issuance for tenant improvements for industrial and research and development uses in currently existing vacant buildings.

            (d)        Direct staff to expand the Coordinated Plan Check Review process allowing for plan check fee collection deferral until permit issuance for tenant improvements for office uses in currently existing vacant buildings within the Downtown Core.

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

 

 

5     RECREATION & CULTURAL SERVICES


 

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

 

5.2              Approval of staff’s proposal for Sunday service at six library branches.

 

            Recommendation:  Approval of a pilot program to provide Sunday service at six branches during the school year.  CEQA:  Not a Project.  (Library)

 

 

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


 

 

·                   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

 

 

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