SAN JOSE CITY COUNCIL

AMENDED AGENDA

OCTOBER 7, 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

7:00 p.m. - Public Hearings, CANCELED

· Invocation (District 9)
*Cambrian Trio: John Kurfman, Don Sanders, and Tom Rigler

· 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 10.1, 10.2, and 10.3 ARE TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

* Adjournment: This meeting will be adjourned in memory of Mr. Robert (Bob) Williamson, husband of Marian Dixon of our Public Works Department.

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 MACSA Youth Center Eagle Warrior Athletics 19 and Under, 16 and Under, 14 and Under, 12 and Under, 12 and Under Girls, and 10 and Under Futsal Teams. Each of these teams placed at least third, including some National Championships at the 2003 National Futsal Championships in Anaheim, CA. (Campos)

(Deferred from 9/16/03 – Item 1.1)
*RECOMMEND DEFERRAL TO 10/21/03

1.2 Presentation of a proclamation declaring October 15, 2003 as National Disability Mentoring Day and the month of October 2003 as Employment of Persons with Disabilities Awareness Month, with the theme “America Works Best When All Americans Work.” (Disability Advisory Commission/LeZotte)

1.3 Presentation of a check from the SBC San José Golf Classic 2003 to Eagles at Rancho del Pueblo, Youth Golf Program. (Mayor)

*1.4 Presentation of a commendation to Billy DeFrank Center for National Coming Out Day. (Reed, Yeager)

(Rules Committee referral 10/1/03)

*1.5 Presentation of a proclamation declaring the week of October 5, 2003 as Fire Prevention Week. (Fire)

[Rules Committee referral of 10/01/03]

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.

2.2 Final adoption of ordinances.

Recommendation: Final adoption of ordinances:

(a) ORD. NO. 26987 – Amends Sections 11.48.150 and 11.48.160 of Chapter 11.48 of Title 11 of the San José Municipal Code to permanently add a total of 29 additional block segments to the Horace Mann and South University Neighborhood Residential Permit Parking Areas.

2.3 Approval of a Memorandum of Understanding regarding the South Almaden Urban Reserve.

Recommendation: Approval of a second amendment to the Memorandum of Understanding between the City of San José and San José Unified School District regarding the recreational use of certain property in the South Almaden Urban Reserve, extending the term of the MOU to January 22, 2005. (City Attorney’s Office)

2.4 Acceptance of the Office of the City Auditor’s monthly Report.

Recommendation: Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through September 15, 2003. (City Auditor)

2.5 Approval to amend the agreements with Managed Health Network.

* Recommendation:

(a) Approval of an amendment to the agreement with Managed Health Network (MHN) to add processing and payment of claims for substance abuse treatment to the current employee assistance contract covering non-sworn classifications, at no additional cost to the City.

(b) Approval of an amendment to the agreement with Managed Health Network (MHN) to add processing and payment of claims for substance abuse treatment to our current employee assistance contract covering sworn classifications, at no additional cost to the City.

CEQA: Not a Project. (Employee Services)

2.6 Approval of an agreement with the San José Public Library Foundation.

Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the San José Public Library Foundation, through June 30, 2004, in an amount not to exceed $350,000. CEQA: Not a Project. (Library)

2.7 Approval of intention to vacate Crucero Drive.

* Recommendation: Adoption of a resolution of intention to vacate a portion of Crucero Drive and reserve a public service easement, and setting a public hearing on November 4, 2003 at 1:30 p.m. Council District 7. SNI: Santee. (Public Works)
CEQA: Exempt, HA62-062.

* 2.8 Approval of appointments to the City of San José Housing Trust Fund Oversight Committee.

Recommendation: Adoption of a resolution approving the appointments to the City of San José Housing Trust Fund Oversight Committee. (Mayor)

(Deferred from 9/2/03 – Item 2.7 et al., and 9/30/03 – Item 2.3)

3 STRATEGIC SUPPORT SERVICES

3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – September 24, 2003

Vice Mayor Dando, Chair

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

(b) City Council

(1) Review October 7, 2003 Draft Agenda

(2) Add New Items to September 30, 2003 Amended Agenda

· Mayor and Council Member Requests

· City Manager Requests

· City Attorney Requests

· City Clerk Requests

(3) List of Reports Outstanding

(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) Reports from City Manager and City Attorney regarding further analysis and recommendations related to “Getting Families Back to Work”

(h) Oral communications

(i) Adjournment

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 – September 22, 2003

Council Member Williams, Chair
Summary

(a) Report on the Development Services Study

(b) Discussion on the Economic Strategy

(d) Oral petitions

(e) Adjournment

4.3 Amendments to the Clean Fuel (Hybrid) Vehicle Purchase Incentive Program.

* Recommendation: Adoption of a resolution amending the Master Parking Rate Schedule to modify the Hybrid Vehicle Purchase Incentive Program to include new hybrid vehicles purchased at participating San José auto dealerships since January 2000, and to establish a sunset date of April 29, 2005 for expiration of the Hybrid Vehicle Purchase Incentive Program. (Mayor)

4.4 Approval of various actions related to flexible pricing of Convention Center facilities.

* Recommendation:

(a) Approval of an ordinance amending Sections 22.01.070 and 22.01.080 of Chapter 22.01 of Title 22 of the San José Municipal Code authorizing the Director of Convention, Arts & Entertainment to reduce facility fees for the use of the Convention and Cultural Facilities; and

(b) Adoption of a resolution amending the Master Parking Rate Schedule to modify parking rates charged at the convention center garage by:

(1) Authorizing the Director of Convention, Arts & Entertainment to reduce or increase flat parking rates;

(2) Establishing incremental parking rates for non-event days; and

(3) Including the convention center garage in the Downtown Retail Validation Program.

CEQA: Exempt, PP03-09-297. Council District 3. (Conventions, Arts and Entertainment/Transportation).

(Deferred from 9/30/03 – Item 6.4)

4.5 Approval of the proposed schedule, process, and evaluation criteria for the FY 04-05 CDBG Application cycle.

* Recommendation:

(a) Approval of the application process, evaluation and rating criteria, and schedule for the FY 2004-2005 CDBG application cycle;

(b) Approval of funding priority to projects that are included in a Strong Neighborhoods Initiative (SNI) Plan;

(c) Approval of an Application Appeals Policy that allows an applicant to appeal staff’s recommendation not to consider a proposed project for funding; and

(d) Approval of a Use of Fiscal Agents Policy that allows an applicant to use a fiscal agent on a one-time basis.

CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)

[Rules Committee referral of 10/01/03]

5 RECREATION & CULTURAL SERVICES

5.1 Report of the All Children Achieve Committee

Council Member Yeager, Chair

5.2 Approval to amend the agreement for the New Vineland Branch Library Project.

Recommendation: Approval of the first amendment to the agreement with Field Paoli Architects for consultant services for the New Vineland (formerly Blossom Hill) Branch Library Project, increasing the amount of compensation by $25,500, for a total agreement amount not to exceed $1,003,000. CEQA: Exempt, H01-12-081. Council District 10. (Public Works)

5.3 Acceptance of the reports on the Library Benefit Assessment District and the Library Annual Usage.

* Recommendation:

(a) Acceptance of the FY 02-03 Report on Library Usage; and

(b) Acceptance of the FY 02-03 Benefit Assessment Expenditures.

CEQA: Not a Project. (Library)

[Rules Committee referral of 10/01/03]

6 TRANSPORTATION SERVICES

6.1 Report of the Building Better Transportation Committee

Council Member Cortese, Chair

7 ENVIRONMENTAL & UTILITY SERVICES

7.1 Acceptance of the Watershed Action Plan.

Recommendation: Adoption of a resolution:

(a) Accepting the Watershed Action Plan as prepared by the Santa Clara Basin Watershed Management Initiative, and

(b) Authorizing the City Manager to execute the Santa Clara Basin Watershed Management Initiative 2003 Signatory Document, to confirm the City's continued commitment to participate in the Watershed Management Initiative activities.

CEQA: Exempt, PP03-09-291. (Environmental Services)

7.2 Public Hearing and approval of an ordinance modifying Storm Water Runoff Management and Post-Construction Storm Water Quality Control provisions in the San José Municipal Code.

* Recommendation: PUBLIC HEARING on approval of an ordinance amending Title 20 of the San José Municipal Code to modify and add provisions related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-224. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). (Planning, Building, and Code Enforcement)

(Continued from 8/19/03 - Item 7.1 et al., and 9/30/03 - Item 7.1)

7.3 Public Hearing on proposed revisions to the City Council Policy on Post-Construction Urban Runoff Management.

* Recommendation: PUBLIC HEARING on and adoption of a resolution approving proposed revisions to the City Council Policy on Post-Construction Urban Runoff Management in order to:

(1) Maintain consistency with the requirements of the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (NPDES MS4 Permit) issued to the City of San José and the other co-permittees that constitute the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP); and

(2) Establish a waiver program that will allow project proponents to request a waiver from the requirement to install treatment Best Management Practices (BMPS) for a given project, upon an appropriate showing of impracticability, and with provision to treat an equivalent pollutant loading or quantity of stormwater runoff, or provide other equivalent water quality benefit. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-225.

(Planning, Building, and Code Enforcement)

(Continued from 8/19/03 - Item 7.2 et al., and 9/30/02 - Item 7.2)

8 AVIATION SERVICES

9 PUBLIC SAFETY SERVICES

10 JOINT COUNCIL/REDEVELOPMENT AGENCY

* CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1, 10.2, and 10.3 IN A JOINT SESSION

10.1 Approval of proposed Design Guidelines for the Guadalupe River Park and Gardens.

* Recommendation: Approval of proposed Design Guidelines for the Guadalupe River Park and Gardens. (Redevelopment Agency/City Manager’s Office)

(Deferred from 9/30/03 – Item 10.2)

10.2 Review of an ordinance related to a Construction Impact Mitigation.

* Recommendation:

(a) Approval of an ordinance amending Titles 13 and 15 of the San José Municipal Code to revise Chapters 13.36 and 15.50, setting forth a requirement that a Construction Impact Mitigation Plan be prepared for all major construction projects in the public right of way, unless the City has otherwise entered into a Cooperation Agreement requiring such a Plan.

(b) Adoption of a resolution amending Resolution No. 71216 to take effect on 11/21/03 establishing an administrative fine of $5,000 per day for violations of the Construction Impact Mitigation Plan requirements.

(City Manager’s Office/Redevelopment Agency)

[Building Better Transportation Committee referral 9/8/03 – Item 6.1(b)(1)]

(Deferred from 9/23/03 - Item 6.2 and 9/30/03 – Item 6.2)

10.3 Review and approval of a process for Community Benefits Assessment and Community Impact Report Proposals.

* Recommendation: Review and approval of a process for Community Benefits Assessment and Community Impact Report Proposals. (Mayor)

(Council referral 9/30/03 – Item 10.1)

· 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:

Tract	Location	Council District	Developer	Lots/ Units	Type	Proposed Decision
9496	S/S of Lenzen Ave., 500’ westerly of Stockton Avenue	6	Des Nolan and Liam Balfe	21 units	Multi-Family	Approve
9492	Southwest corner of Lewis Street and Wall Street	7	Roem Development	17 lots/16 units	SFA	Approve

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 - Adjourn in memory of Mr. Robert (Bob) Williamson, husband of Marian Dixon of our Public Works Department.

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