SAN JOSE CITY COUNCIL

 

AMENDED AGENDA

 

JUNE 17, 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

            9:30 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, Council Chambers, City Hall

 

·                   Invocation (District 6)

            Reverend Steve Norman of Westminster Presbyterian Church

 

·                   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 1.8, Presentation of a commendation to the winners of the San Jose/Silicon Valley Business Journal "Most Influential Women of 2003.

 

*          1.2       TO BE HEARD IN THE EVENING

 

1     CEREMONIAL ITEMS


 

1.1       Presentation of a commendation to Leo Shortino for his work and dedication to youth through the establishment of the Leo M. Shortino Family Foundation.  (Chirco/Yeager)

 

1.2       Presentation of a commendation to Superintendent Joe Coto on the occasion of his retirement from the East Side Union High School District.  (Cortese)

 

*1.3       Presentation of awards by the Santa Clara County Association of Realtors on behalf of the Northern California Housing Coalition to Julie Chen, Chetas Manjunath, Veronica Perez, and Justin Lim for their participation in the “What A Home Means to Me” Contest.  (Chavez/Cortese)

            TO BE HEARD IN THE EVENING

 

*1.4       Presentation of a commendation to the Santa Clara County Association of Realtors by the San José City Council for their First-Time Home Buyer Programs and their efforts towards connecting families with futures.  (Chavez/Cortese)

            TO BE HEARD IN THE EVENING

 

1.5       Presentation of a commendation to Leonard Myers in appreciation of the many hours he has contributed to our youth as coach for Oakridge Little League baseball for over 30 years.  (Williams)

            TO BE HEARD IN THE EVENING

 

*1.6       Presentation of a commendation to the Supporters of the Las Isabelas Mother's Day Walk Against Breast Cancer.  (Campos/Chavez)

            (Rules Committee referral 6/11/03)
*          TO BE HEARD IN THE EVENING

 

*1.7       Presentation of commendations to the two Steam Rollers Power Soccer Teams, two wheelchair soccer teams who competed at the National Championships in Birmingham, AL.  The Division One team placed second, and the Division Two team won the National Championship.  (LeZotte)

            (Rules Committee referral 6/11/03)

            TO BE HEARD IN THE EVENING

 

*1.8       Presentation of a commendation to the winners of the San Jose/Silicon Valley Business Journal "Most Influential Women of 2003," Brenna Bolger of PRx, Inc., Joyce Taylor of SBC, Kyung Yoon of Heidrick and Struggles, Mayrles Casto of Casto Travel, Susan Black of Greater Bay Bancorp, and Jaqueline Woods of Oracle.  (Chavez)

            (Orders of the Day)

            TO BE HEARD IN THE EVENING

 

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.

 

            Recommendation:  Approval of City Council Minutes for:

            (a)        Regular meeting of October 15, 2002

            (b)        Joint City Council/Redevelopment Agency Board meeting of October 15, 2002

            (c)        Joint City Council/San José Financing Authority meeting of October 15, 2002

 

2.2              Final adoption of ordinances.

 

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26910 – Rezones certain real property situated on the east side of Cypress Avenue, 110 feet northerly of Adra Avenue to Planned Development Zoning District.  PDC 03-019

 

*         (b)        ORD. NO. 26911 – Rezones certain real property situated at the north side of East Taylor Street, approximately 120 feet northeasterly of North Third Street.  C 03-014

 

2.3              Approval of a minor amendment to the Airport Master Plan.

 

            Recommendation:  Adoption of a resolution approving a minor amendment to the Airport Master Plan for the Norman Y. Mineta San José International Airport to:

            (a)        Use up to five acres of the existing vacant Airport parcel north of Hwy. 101 for interim construction staging, and

            (b)        Change the designated location of future airline maintenance/equipment storage facilities from a six-acre site on the northeast side of the Airport to a six-acre site at the southeast corner of the Airport. 

            CEQA:  Resolution Nos. 67380 and 71451, PP 03-05-159.  (Airport)

 

2.4              Approval of an ordinance related to the Federal Local Law Enforcement Block Grant Fund.

 

            Recommendation:  Approval of an ordinance amending Chapter 4.80 of Title 4 of the San José Muncipal Code to add a new part to establish a Federal Local Law Enforcement Block Grant (LLEBG) Fund for the following purposes:

            (a)        To collect and deposit all monies received by the City from the federal government related to the Federal Local Law Enforcement Block Grant Fund; and

            (b)        To ensure the Federal Local Law Enforcement Block Grant expenditures are spent within grant guidelines.  

            CEQA:  Exempt, PP03-06-207.  (City Manager’s Office)

 

2.5              Approval to amend the agreement for advanced regulatory analysis for the Water Pollution Control Plant.

 

            Recommendation:  Approval of a first amendment to the agreement for consultant services for Advanced Regulatory Analysis for the San José/Santa Clara Pollution Control Plant with Eisenberg, Olivieri & Associates Inc. (EOA), to extend the contract by four years, from December 31, 2003 to December 31, 2007, and increase compensation by $200,000 from $99,000, for a total amount not to exceed $299,000.  CEQA:  Not a Project.  (Environmental Services)

 

2.6              Approval to amend an agreement for construction management services at the Water Pollution Control Plant.

 

            Recommendation:  Approval of a first amendment to the agreement with Harris & Associates for Capital Improvement Program construction management services at the San José/Santa Clara Water Pollution Control Plant, extending the term of the agreement by 20 months, from June 30, 2003 to February 28, 2005, at no additional cost to the City.  CEQA:  Not a Project.  (Environmental Services)

 

2.7              Approval to amend the agreement for the City's Payroll System (Phase II).

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute the first amendment to the agreement with Implementation Resources, Inc. for consultant services related to Phase II of the City's Employee Services/Payroll System to provide implementation expertise on the implementation of expanding electronic time reporting and exception time reporting, and to increase compensation by $95,000, for a total cost of $175,000, and to extend the Approval of a first amendment to the agreement with term to extend the agreement term through January 31, 2004.   (Finance/Information Technology/Employee Services)

 

2.8              Approval to purchase citywide insurance policies for FY 2003-04. 

 

*          Recommendation:  

            (a)        Approval of purchase of citywide insurance policies for the period July 1, 2003 to September 30, 2004, in an amount not to exceed $3,700,000.

            (b)        Adoption of a resolution authorizing the City Manager to negotiate and execute modifications to the insurance provisions of agreements with Penske and/or with ShuttlePort with respect to the Airport Shuttle buses.

            CEQA:  Not a project.  (Finance)

 

2.9              Approval to amend and extend the City’s Master Repurchase Agreements.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute the second amendments to the City of San José Master Repurchase Agreements for Banc of America Securities, LLC, First Tennessee Bank, UBS Financial Services, Inc., Union Bank of California, N.A., and Zions First National Bank to extend the terms of the agreements to June 30, 2006, to authorize the Director of Finance to further extend the terms of the agreements in additional 3-year increments, and to update the list of City staff authorized to execute transactions on behalf of the City.  CEQA:  Not a Project.  (Finance)

 

2.10          Approval of the revised Investment Policy.

            Recommendation:  Adoption of a resolution approving the City's Investment Policy, including certain revisions thereto.  (Finance)

 

2.11          Approval to negotiate an agreement for the Library Café.

 

            Recommendation:  Adoption of a resolution authorizing to City Manager to negotiate and execute an agreement with San José State University and Spartan Shops for operation of the Library Café.  CEQA:  Not a Project.  (Library)

 

2.12          Approval of open purchase orders for the purchase of supplies, materials, equipment, and services.

 

            Recommendation:

            (a)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #34, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Exempt, PP03-04-111.

            (b)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #35 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.

            (General Services)

 

2.13          Report on the RFQ for the rehabilitation of clarifier tanks at the Water Pollution Control Plant.

 

            Recommendation:  Report on Request for Quotation for coating and rehabilitation of clarifier tanks and approval of award to the low price quote, Certified Coatings of California (Concord, CA) for a total cost of  $259,000 including tax and freight, and authorize the Director of General Services to execute the service order.  (General Services)

 

2.14          Approval to reject bids for the purchase of fire air support apparatus tanks.

 

            Recommendation:  Approval to reject all bids for the purchase of two fire air support apparatus and authorization for the Director of General Services to re-solicit bids.  CEQA:  Not a Project.  (General Services)

 

2.15          Approval to purchase traffic emitters and switches.

 

            Recommendation:  Report on bids and award the purchase of 95 emitters and 95 switches to the lowest responsive bidder, Advanced Traffic Products, Inc. (Everett, WA), in the amount of $113,121.25, including tax, and authorization for the Director of General Services to execute the purchase order and subsequent purchase(s) of additional emitters and switches at the same bid price without further Council action other than the appropriation of necessary funds, for a maximum period of twelve months from the date of Council approval.  CEQA:  Not a Project.  (General Services)

 

2.16          Approval of various actions related to Our House/City Year Youth Facility.

 

            Recommendation:  Adoption of a resolution approving a conditional grant in an amount not to exceed $1,035,000 from the 20% Low- and Moderate-Income Housing Fund to the Emergency Housing Consortium, or its designated affiliate, for the construction and permanent financing of the Our House/City Year Youth Facility, located at the northeast corner of East William and South Third Streets.  CEQA:  Exempt, PP03-06-197.  District 3.  SNI:  University.  (Housing)

 

2.17          Approval of the reorganization of Amos No. 33.

 

            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as Amos No. 33, which involves the annexation to the City of San José of approximately 2.5 acres, located on the north side of Quimby Road, approximately 300 feet easterly of Mission Greens Drive, and the detachment of the same from Central Fire Protection, Santa Clara Valley County Water, and Santa Clara County Library Services.  CEQA:  Mitigated Negative Declaration, PDC03-010.  Council District 8.  (Planning, Building and Code Enforcement)

 

2.18          Approval of FY 2003-2004 San José Library Benefit Assessment District Annual Report.

 

            Recommendation:  Adoption of a resolution approving, confirming, and adopting the City of San José Library Benefit Assessment District Annual Report for Fiscal Year 2003-2004 and levying the assessments.  CEQA:  Resolution No. 65459, PP03-06-204.  (Public Works/Library)

 

2.19          Approval of intention to vacate Mill Street west of Hope Street.

 

*          Recommendation:  Adoption of a resolution of intention to vacate Mill Street west of Hope Street, and setting a public hearing on August 12, 2003 at 1:30 p.m.  CEQA:  Exempt, PP03-02-044.  Council District 4.  (Public Works)

 

2.20          Approval to award a contract for the Payne Avenue Sidewalk Project.

 

            Recommendation:  Report on bids and award of contract for the Payne Avenue Sidewalk - Eden Avenue to Winchester Blvd. Project to the low bidder, OC Jones and Sons Incorporated, in the amount of $162,984, and approval of a contingency in the amount of $25,000.  CEQA:  Exempt, PP00-10-143.  Council District 1.  SNI:  Winchester.  (Public Works)

 

2.21          Approval to award contracts for street light installations.

 

            Recommendation:  

            (a)        Report on bids and award of contract for the Street Light Crackdown 2003 to the low bidder, Pacific Electric Company, in the amount $137,031, and approval of a contingency in the amount of $13,700.  CEQA:  Exempt, PP01-02-023.  Council Districts 1, 3, 5, and 7.  SNI:  Winchester, University, Washington/ Guadalupe, East Valley/680 Communities, and Rocksprings/Tully/Senter/Santee/ Kennedy.  (Public Works)

            (b)        Report on bids and award of contract for the Street Lights Strong Neighborhoods 2003 Project to the low bidder, Pacific Electric Company, in the amount of $147,401, and approval of a contingency in the amount of $14,700.  CEQA:  Exempt, PP01-02-023.  Council District 2, 3, and 7.  SNI:  Washington, Edenvale/Great Oaks.  (Public Works)

 

2.22          Approval to award a contract for the Basking Ridge Park Tot Lot Development Project.

 

            Recommendation:  Report on bids and award of contract for the Basking Ridge Park Tot Lot Development Project to the low bidder, Bellicitti & Pellicciotti, to include the base bid and Add Alternate Nos. 1 and 2, in the amount of $140,630, and approval of a contingency in the amount of $7,000.  CEQA:  Exempt, PP02-12-364.  Council District 2.  (Public Works)

 

2.23          Approval to amend the agreement for the Tully Road Multi-Use Facility Project.

 

            Recommendation:  Approval of the first amendment to the agreement with David L. Gates and Associates Inc. for landscape architectural consultant services for the Tully Road Multi-Use Facility Project extending the term from June 30, 2003 to September 1, 2004, increasing compensation by $88,373, for a total amount not to exceed $398,648 and expanding the scope of services.  CEQA:  Mitigated Negative Declaration, PP02-04-080.  Council District 7.  (Public Works)

 

2.24          Approval of various actions for the Eden Avenue Traffic Management Project.

 

            Recommendation:  Report on bids and take appropriate action based on the evaluation of bids for the Eden Avenue Traffic Management Project.  CEQA:  Exempt, PP03-01-019.  Council District 1.  SNI:  Winchester.  (Public Works)

 

2.25         Approval to award a contract for the Julian-Sunol Sanitary Sewer Rehabilitation Project (Phase III).

 

*          Recommendation:   Report on bids and award of contract for the Eden Avenue Traffic Management Project to the low bidder, OC Jones and Sons, in the amount of $586,750, and approval of a contingency in the amount of $30,000.  CEQA:  Exempt, PP03-01-019.  Council District 1.  SNI:  Winchester.  (Public Works)

 

2.26          Approval of the FY 2003-2004 Annual Budget Reports for various Maintenance Districts.

 

*        Recommendation:  Adoption of resolutions approving, confirming, and adopting the Annual Budget Reports for Fiscal Year 2003-04 and levying the assessments for the following City of San José Maintenance Districts: 1 (Los Paseos), 2 (Trade Zone Blvd. - Lundy Ave.), 5 (Orchard Pkwy. - Plumeria Dr.) , 8 (Zanker - Montague), 9 (Santa Teresa - Great Oaks) , 11 (Brokaw Rd. from Junction Ave. to Old Oakland Rd.), 13 (Karina - O'Nel), 15 (Silver Creek Valley), 18 (The Meadowlands), 19 (River Oaks Area Landscaping), 20 (Renaissance - North First Landscaping), 21 (Gateway Pl. - Airport Pkwy.), and 22 (Hellyer Ave. - Silver Creek Valley Rd.).  CEQA:  Resolution No. 65459, PP03-06-205.  Council Districts 2, 3, 4, and 8.  (Public Works)

 

2.27          Approval of an agreement for the GIS Layers Project.

 

            Recommendation:  Approval of an agreement with MRF Geosystems Corporation for consultant services for a Spatial Adjustment of Street Centerline, Parcel and Related GIS Layers Project in an amount not to exceed $660,000, for an agreement term from the date of execution to June 30, 2004.  CEQA:  Not a Project.  (Public Works)

 

2.28          Approval of an ordinance related to incentive pay for Anti-Terrorist Training.

 

            Recommendation:  Approval of an ordinance amending Section 3.28.030.05 of Chapter 3.28 of the San José Municipal Code to include incentive pay for Anti-Terrorist Training in the definition of Compensation for purposes of calculation of retirement benefits in the Federated City Employees’ Retirement System.  CEQA:  Exempt, PP03-05-173.  (Retirement Services)

 

2.29          Approval to negotiate an agreement related to School Radar Speed Display Signs.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an un-metered service agreement with the Pacific Gas and Electric Co. (PG&E) to supply power to School Radar Speed Display Signs, in an amount not to exceed  $1,600 per year.  CEQA:  Exempt, PP02-11-327.  (Transportation)

 

2.30          Approval of an ordinance to prohibit commercial vehicles in excess of five tons on certain streets.

 

            Recommendation:  Approval of an ordinance amending section 11.96.070 of Chapter 11.96 of Title 11 of the Municipal Code to add a prohibition of commercial vehicles in excess of five tons on the following streets:

            (a)        Fifth Street, between Hedding Street and Taylor Street.

            (b)        Sixth Street, between Hedding Street and Taylor Street.

            (c)        Mission Street, between Fourth Street and Seventh Street.

            CEQA:  Exempt, PP03-05-184.  Council District 3.  (Transportation)

 

2.31          Adoption of a resolution re-establishing the speed limit on Grand Boulevard.

 

            Recommendation:  Adoption of a resolution to rescind Resolution No. 71447 related to the establishment of speed limits in the City of San José, and to establish the speed limits in the City of San José, including re-establishing the speed limit on Grand Boulevard, between First Street and Los Esteros Road, from 35 MPH to 30 MPH.  CEQA:  Exempt, PP03-05-185.  Council District 4.  (Transportation)

 

2.32     Approval of agreement, as to form, for Convention Center Utility Services Agreement.

 

            Recommendation:  Approval of agreement as to form, for Convention Center Utility Services Agreement.  (Conventions, Arts and Entertainment)

            (Rules Committee referral 6/11/03)

            RECOMMEND DEFERRAL TO 6/24/03

 

2.33     Approval of an amendment to the San José Municipal Code establishing a Housing Trust Fund.

 

            Recommendation:  Approval of an ordinance amending Chapter 4.80 of Title 4 of the San José Municipal Code by establishing a Housing Trust Fund.  CEQA:  Exempt, PP03-06-217.  (Housing)

            (Rules Committee referral 6/11/03)

 

2.34     Approval of various actions related to Housing Opportunities for People with AIDS (HOPWA).

 

            Recommendation:  Approval of the:

            (a)        Termination of Housing Opportunities for People With AIDS (HOPWA) and Housing Opportunities for People With AIDS Special Projects of National Significance (HOPWA SPNS) agreements with AIDS Resource, Information & Services (ARIS) pursuant to Section 15 of the contract, and;

            (b)        First amendment to the agreement with Health Connections to increase the HOPWA and HOPWA SPNS awards.

            CEQA: Not a Project.  (Housing)

            (Rules Committee referral 6/11/03)

 

2.35     Approval of various fiscal actions related to swim centers.

 

*          Recommendation:  

            (a)        Increase the project contingency budget for the Fair Swim Center by $20,000, from $465,000 to $485,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Council District 7 Construction and Conveyance Tax Fund:

                        (1)        Increase the appropriation for Fair Swim Center: Furnishings, Fixtures and Equipment by $107,000.

                        (2)        Increase the appropriation for Fair Swim Center by $150,000.

                        (3)        Decrease the Ending Fund Balance by $257,000.

            CEQA:  Negative Declaration, PP00-10-148.  Council District 7.  (Parks, Recreation and Neighborhood Services/Public Works/City Manager’s Office)

            (Rules Committee referral 6/11/03)

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – June 4, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review June 17, 2003 Draft Agenda

                        (2)        Add New Items to June 10, 2003 Amended Agenda

                        (3)        List of Reports Outstanding

          (c)        Legislative Update

                        (1)        State

                                    (a)        Approval of staff recommendations on four State legislative bill:

                                                AB 792 (Yee) Vehicles: Removal: Storage

                                                ACA 9 (Levine) Local Government Taxation: Special Taxes: Voter Approval

                                                ACA 11 (Levine) Local Government: General Obligation Bonds, Infrastructure Projects

                                                SCA 11 (Alarcon) Local Government: Special Taxes and General Obligation Bonds; Infrastructure Projects

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

            (g)        Council Referrals for Assignment to Administration or Council Appointee

            (h)        Administrative Reviews and Approval

            (i)         Oral communications

            (j)         Adjournment

 

*Meeting of June 11, 2003

*            (c)        Legislative Update

                        (1)        State

                                    (a)        Recommend adoption of a position in regard to Senate Bill 60 (Cedillo), Vehicles: Social Security Account Number: Drivers Licenses: Identification Cards

                                                (Council Referral 6/10/03 – Item 3.6)

                        SEE ITEM 3.8 FOR COUNCIL ACTION TO BE TAKEN

 

 

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

 

3.4              Approval of various actions for FY2002-2003.

 

            Recommendation:  Adoption of amendments to the annual appropriation ordinance and funding sources resolution for various operating and capital funds to reflect estimated FY 2002-2003 revenue receipts, expenses, and encumbrances.  CEQA:  Not a Project.  (City Manager’s Office)
*RECOMMEND DEFERRAL TO 6/24/03

 

3.5             Approval of a resolution taking actions with respect to the City's 2003-2004 “Gann Limit”.

            Recommendation:  Adoption of a resolution taking the following actions with respect to the City's 2003-2004 “Gann Limit”:

            (a)        Elect the per capita income index as the inflation factor for 2003-2004 on a provisional basis, with the option to adjust the Limit, if necessary, once the assessment data is available from the County Assessor; and

            (b)        Elect the City population growth index as the population factor for 2003-2004; and

            (c)        Establish the Fiscal Year 2003-2004 Appropriation Limit at $588,298,425 in compliance with Article XIIIB of the State Constitution.

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

*          DROP – RENUMBERED TO 3.9(c)

 

3.6            Approval to extend Hayes Mansion Lease and Line of Credit Agreements.

 

*         Recommendation: Adoption of a resolution by the City Council authorizing the City Manager to negotiate and execute amendments to the Line of Credit Agreement and the Third Amended and Restated Lease Agreement with Hayes Renaissance, L.P. (HRLP), extending availability and repayment of advances under the Line of Credit Agreement, and deferral of rent and repayment of deferred rent and outstanding line of credit loans, to a date not later than December 31, 2003.  The proposed amendment to the Lease is subject to the approval of Comerica Bank.  CEQA:  Negative Declaration.  (Finance/Economic Development/City Manager’s Office)

*          RECOMMEND DEFERRAL TO 6/24/03

3.7              Naming of Public Facilities.

 

            Recommendation:  Recommendation of the Historic Landmarks Commission to name the Fox Theatre at 345 South First Street "California Theatre."  (Historic Landmarks Commission/City Clerk)

 

*3.8       Recommend adoption of a position in regard to Senate Bill 60 (Cedillo)

 

            Recommendation:  Recommend adoption of a position in regard to Senate Bill 60 (Cedillo).  (Cortese)

            (Deferred from 6/10/03 – Item 3.6)

 

*3.9       Approval of various budget actions for Fiscal Year 2003-2004.

           

            Recommendation:  

            (a)        Adoption of the Annual Appropriation Ordinance, including transfers and loans for Fiscal Year 2003-2004 and the Manager’s Final Budget Addendum.

            (b)        Adoption of the Annual Funding Sources Resolution for Fiscal Year 2003-2004 and the Manager’s Final Budget Addendum.

            (c)        Adoption of a resolution in compliance with Article XIIIB of the Constitution of the State of California and as modified by Proposition 111 and SB 99 electing the population and inflation factors and establishing the Fiscal Year 2003-2004 Appropriation Limit.

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

*          TO BE HEARD FIRST ON THE AGENDA AND TO BE HEARD CONCURRENTLY WITH ITEM 10.1

 

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 29, 2003

            Council Member Williams, Chair

            (a)        Policy Discussion on Current City Policies/Programs that Provide Opportunities to Small Businesses

            (b)        Discussion on How to Coordinate (Market) Workforce Investment Act within the City’s Economic Recovery Strategy

            (c)        Mayfair Neighborhood Acquisition/Rehabilitation Pilot Program

            (d)        Policy discussion on the Homeless Strategy

            (e)        Convention Center Recovery Strategy

            (f)         Oral petitions

            (g)        Adjournment

 

4.3              Public Hearings and approval of three Business Improvement District’s assessments for 2003-2004.

 

            Recommendation:

            (a)        PUBLIC HEARING and adoption of a resolution to:

                        (1)        Approve the Downtown Business Improvement District’s budget report for 2003-2004, as filed or as modified by City Council

                        (2)        Levy the increased Downtown Business Improvement District’s annual assessments for 2003-2004.

                        CEQA:  Exempt, PP 03-05-165.  Council District 3.  SNI:  St. James Square; University; Josefa/Auzerais; Burbank/Del Monte.  (Economic Development)

            (b)        PUBLIC HEARING and adoption of a resolution to:

                        (1)        Approve the Willow Glen Business Improvement District’s budget report for 2003-2004, as filed or as modified by City Council.

                        (2)        Levy the Willow Glen Business Improvement District’s annual assessments for 2003-2004.

                        CEQA:  Exempt, PP 03-05-165.  Council District 6.  (Economic Development)

            (c)        PUBLIC HEARING and adoption of a resolution to:

                        (1)        Approve the Japantown Business Improvement District’s budget report for 2003-2004, as filed or as modified by City Council.

                        (2)        Levy the Japantown Business Improvement District’s annual assessments for 2003-2004.

                        CEQA:  Exempt, PP 03-05-165.  Council District 3.  SNI:  13th Street.  (Economic Development)

 

4.4              Approval of various actions related to the Workforce Investment Act Program and Projects for 2003-2004.

 

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

            (a)        Negotiate and execute all contracts, amendments, agreements, leases, subleases, and memos of understanding with contractors and vendors providing services to the Workforce Investment Act Program including, but not limited to novations or assignments, vendor training contracts, case management contracts, consultant contracts, memorandums of understanding required with Mandatory Partners for the use of One Stop facilities, and cities and the unincorporated area of Santa Clara County whose residents receive service under the WIA Program for the period July 1, 2003 to June 30, 2004 in accordance with procurement procedures and requirements mandated by the State and Federal governments for Workforce Investment Act grant recipients and with established City procurement procedures and requirements, that have been reviewed and approved by the SVWIN Executive Committee and/or the SVWIN Board. 

            (b)        Amend Council approved agreements that have been reviewed and approved by the SVWIN Executive Committee and/or the SVWIN Board so long as moneys have been appropriated and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expenses of the agreement. 

            (c)        Negotiate and execute all remaining vendor training agreements with vendors who provided services to clients of SVWIN during the Fiscal Year 2001-2002 in anticipation of a vendor training agreement. 

            (d)        Negotiate and execute all grants and sub grant agreements for discretionary funding applied for and approved by the SVWIN Board for the period from July 1, 2003 to June 30, 2004.

            CEQA:  Not a Project.  (Economic Development)

 

4.5              Public Hearing and approval of actions related to Branham Lane Family Apartments.

 

            Recommendation:  Public Hearing and adoption of a resolution approving a Disposition and Development Agreement (DDA) between the City of San José and JSM Enterprises (JSM), or an affiliated entity, for the development of the Branham Lane Family Apartments, a 175-unit development on a 5.05-acre City-owned property, located on the northeast corner of Branham Lane and Monterey Highway.  CEQA:  Mitigated Negative Declaration, PDC 02-033.  Council District 2.  (Housing)

 

4.6              Approval of various actions related to Housing Revenue Bonds for Cinnabar Commons.

 

            Recommendation:  Adoption of a resolution of the City Council:

            (a)        Authorizing the issuance of tax-exempt multifamily housing revenue bonds designated as "City of San José Multifamily Housing Revenue Bonds (Cinnabar Commons) Series 2003C" in an aggregate principal amount not to exceed $25,900,000 (the "Bonds");

            (b)        Approving a loan of bond proceeds to Cinnabar Commons, L.P., a California limited partnership, for financing the construction of the Cinnabar Commons Project located at 891-945 Cinnabar Street in San Jose;

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

            (d)        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.

            (e)        Approving a modification to the interest rate for the previously approved City loan to Cinnabar Commons, L.P.

            CEQA:  Resolution No. 71174, PDC 01-038.  Council District 6.  (Finance/Housing)
*RECOMMEND DEFERRAL TO 6/24/03

 

4.7              Approval of various actions related to Housing Revenue Bonds for The Oaks of Almaden Apartments Development.

 

            Recommendation:  Adoption of a resolution of the City Council:

            (a)        Authorizing the issuance of tax-exempt multifamily housing revenue bonds designated as "City of San José Multifamily Housing Revenue Bonds (The Oaks of Almaden Apartments Project) Series 2003B" in an aggregate principal amount not to exceed $8,350,000 (the "Bonds") to be issued and delivered in two sub-series designated as Series 2003B-1 in the original principal amount of $4,350,000 and as Series 2003B-2 in the original principal amount of $4,000,000;

            (b)        Approving a loan of bond proceeds to The Oaks of Almaden, L.P., a California limited partnership, for financing the construction of The Oaks of Almaden to be located at 5050 Russo Drive 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, Mortgage Note, and the Assignment of Mortgage Loan; and

            (d)        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, PDCSH 02-032.  Council District 6.  (Finance/Housing)

 

4.8       Approval of various actions related to the Community Facilities District #10 (Hassler - Silver Creek).

 

*          Recommendation:  Adoption of a resolution of the City Council:

            (a)        Authorizing the issuance and sale of special tax bonds for Community Facilities District #10 (Hassler - Silver Creek) in an aggregate principal amount not to exceed $15,000,000, to be sold on a competitive basis.

            (b)        Approving the form of and authorizing the execution of the Fiscal Agent Agreement and certain other related financing documents, and directing and authorizing certain other related actions.

            (c)        Approving the form and authorizing the use of the Official Statement in connection with the competitive sale of bonds, and directing and authorizing certain other related actions.

            CEQA:  Resolution No. 64913, PP02-11-347.  Council District 8.  (Finance/Public Works)

            (Deferred from 6/10/03 – Item 4.3)

 

4.9       Discussion of the City’s current prohibition of the combined uses of gasoline service stations and the retail sale of food, grocery items, and alcoholic beverages.

 

*          Recommendation:  Discussion and direction to the Administration and the City Attorney’s Office regarding possible revision to the City’s current prohibition of the combined uses of gasoline service stations and the retail sale of food, grocery items, and alcoholic beverages contained at Section 20.80.550 of Title 20 of the San José Municipal Code.  (City Attorney’s Office)

            (Rules Committee referral 6/11/03)

*          RECOMMEND DEFERRAL TO 8/26/03

 

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 – June 2, 2003

            Council Member Cortese, Chair
Building Better Transportation Committee - Executive Summary

            (a)        Expansion and Improvement of Transit and Transportation Systems

                        (1)        Report and Discussion on the Construction Impact Mitigation Plan

                        (2)        Report and Recommendations on BART Project

                        (3)        Update of Highway 101 Interchange Corridor study

            (b)        Traffic Relief/Safe Streets

                        (1)        Pavement Management Program

            (c)        Supporting Smart Growth

                        (1)        Presentation and Discussion of Transportation Level of Service (LOS) policy revision

            (d)        Regional Relationships/Funding Policy

                        (1)        State, Federal, and Local Legislative Update

            (e)        Oral petitions

            (f)         Adjournment

 

6.2              Approval of various actions related to Street Smarts public education traffic safety campaign.

 

           

*  Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a second amendment to the agreement for consultant services between the City of San José and Liquid Agency, Inc. for continued implementation of the Street Smarts public education program for pedestrian and motorist safety to extend the term of the agreement to September 30, 2004, in an amount not to exceed $250,000.  CEQA:  Not a Project.  (Transportation/Police)

            RECOMMEND DEFERRAL TO 6/24/03

            CEQA:  Not a Project.  (Transportation)

 

6.3              Approval to award a contract for the 2002-03 Street Resurfacing Project SNI Areas.

 

            Recommendation:  Report on bids and award of contract for the 2002-03 Street Resurfacing Project SNI Areas to the low bidder, Top Grade Construction, Inc., in the amount of $1,947,275.15, and approval of a contingency in the amount of $97,000.  CEQA:  Exempt, PP 03-03-075.  Council Districts 2, 3, 5, 6, and 10.  SNI:  Thirteenth Street, Five Wounds/Brookwood Terrace, Great Oaks/Edenvale, East Valley/680 communities, Burbank/Delmonte.  (Public Works)

 

 

7     EN