SAN JOSE CITY COUNCIL

AMENDED AGENDA

SEPTEMBER 23, 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

· Invocation (District 8)

Most Venerable Thich Giac Luong, International Sangha Bhiskhu Buddhist Association

· 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.

1 CEREMONIAL ITEMS

1.1 Recognition of 15 local businesses that have been certified as Green Businesses by the County’s Green Business Program in collaboration with the City of San José over the past year. (Environmental Services)

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 April 15, 2003

(b) Joint City Council/Redevelopment Agency Board meeting of April 15, 2003

(d) Regular meeting of April 22, 2003

(e) Regular meeting of April 29, 2003

(f) Joint City Council/Redevelopment Agency Board meeting of April 29, 2003

2.2 Final adoption of ordinances.

Recommendation: Final adoption of ordinances:

(a) ORD. NO. 26976 – Amends Title 2, 4, and 12 of the San José Municipal Code to reflect the change in name of the Campaign Finance Review and Ethics Board to the San José Elections Commission.

(b) ORD. NO. 26979 – Grants a Commercial Solid Waste and Recyclables Collection Franchise to Environmental Solutions Waste Recycling dba Environmental Solutions Debris Box Service.

2.3 Approval of City Auditor, Gerald Silva’s travel calendar.

Recommendation: Approval of City Auditor, Gerald Silva’s travel calendar through December 31, 2003. (City Auditor)

2.4 Approval of an agreement to establish a pilot program for a Paramedic Intern Preceptor Program.

Recommendation:

(a) Approval of a Side Letter Agreement to Memorandum of Agreement with the International Association of Firefighters, Local 230 to establish premium pay for Paramedic Preceptors.

(b) Effective with the implementation of this agreement, paramedics assigned as preceptors will receive $1,000 after completion of all preceptor program requirements.

CEQA: Not a Project. (Fire)

2.5 Approval to amend a lease for office space for the Police Department Crime Prevention Unit.

Recommendation: Approval of the first amendment to the Office Space Lease between the City of San José and Wen Y. Huang, reducing the monthly rent from $56,700 to $10,710, and extending the term of the lease by seven (7) months. CEQA: Exempt, PP03-09-276. (General Services)

2.6 Approval to continue the Resources for Families and Communities agreement.

Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement amending the Resources for Families and Communities (RFC) contract to extend the term of the agreement to June 30, 2004. CEQA: Resolution No. 71042, PP03-08-271. SNI: Washington. Council District 3. (Parks, Recreation and Neighborhood Services)

2.7 Approval to amend the agreement for the Rincon Storm System Improvements Project (Phase II).

Recommendation: Approval of the first amendment to the consultant agreement for the Rincon Storm System Improvements Phase II Project with A-N West, Inc., for design and construction support services, extending the term of the agreement from September 30, 2003 to September 30, 2004, and modifying the hourly rates of compensation. CEQA: Resolution No. 60197, PP00-10-149. Council District 4. (Public Works)

2.8 Approval of an ordinance related to the Horace Mann and South University Neighborhood residential permit parking zones.

Recommendation: Approval of an ordinance amending Chapter 11.48 of Title 11 of the San José Municipal Code for the permanent inclusion of 29 additional block segments into the current Horace Mann and South University Neighborhood residential permit parking zones. CEQA: Exempt, PP03-08-272. SNI: 13th Street, University. Council District 3. (Transportation)

2.9 Approval of Vice Mayor Pat Dando and Council Member Cindy Chavez’ travel requests.

* Recommendation:

(a) Approval of Vice Mayor Pat Dando’s travel toVancouver, British Columbia, Canada, October 2-3, 2003 for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit. Funding: Silicon Valley Chamber of Commerce.

(b) Approval of Council Member Cindy Chavez’ travel toVancouver, British Columbia, Canada, October 1-3, 2003 for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit. Funding: Silicon Valley Chamber of Commerce.

(Dando/Chavez)

(Rules Committee referral 9/17/03)

2.10 Approval of various actions related to the Metropolitan Medical Task Force.

* Recommendation:

* (a) Adoption of a resolution authorizing the City Manager to execute all documents necessary to accept a contract with the Department of Health and Human Services to develop a series of deliverables embodying sustainment planning for the Metropolitan Medical Task Force.

(b) Adoption of the following appropriation ordinance and funding source resolution amendments in the General Fund to do the following:

(1) Increase the Citywide Appropriation to the City Manager’s Office for the Metropolitan Medical Task Force by $280,000;

(2) Increase the Revenue from the Federal Government by $280,000.

CEQA: Not a Project. (Emergency Services)

(Rules Committee referral 9/17/03)

2.11 Approval of various actions related to the Orange Alert.

* Recommendation:

(a) Acceptance of the award of $252,857 to reimburse the General Fund for portions of the overtime expenses of the Police Department and Fire Department related to the Orange Alert during the Iraqi War of Spring 2003.

(b) Adoption of a resolution designating the Director of Finance, the Deputy Director of Finance, or a Principal Accountant of Finance as the City’s authorized representatives to execute for and on behalf of the City any actions necessary for the purpose of obtaining Federal financial assistance under the State Homeland Security Grant Program.

CEQA: Not a Project. (Emergency Services)

(Rules Committee referral 9/17/03)

3 STRATEGIC SUPPORT SERVICES

3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – September 10, 2003

Vice Mayor Dando, Chair

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

(b) City Council

(1) Review September 23, 2003 Draft Agenda

(2) Add New Items to September 16, 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

(h) Oral communications

(i) Adjournment

*3.2 Report of the Rules Committee – September 17, 2003

Vice Mayor Dando, Chair

(1) State

SEE ITEM 3.6 FOR COUNCIL ACTION TO BE TAKEN

3.3 Report of the Making Government Work Better Committee – September 10, 2003

Council Member Campos, Chair
Summary

(a) Status Report on CSA Performance Measurements

(b) Building Management Audit Report

(d) Environmentally Preferable Procurement Report

(e) Oral petitions

(f) Adjournment

3.4 Approval of a resolution opposing the provisions of the USA Patriot Act that infringe on important civil liberties and any future legislation that infringe upon civil rights and liberties.

* Recommendation: Adoption of a resolution opposing the provisions of the USA Patriot Act that infringe on important civil liberties and any future legislation that infringe upon civil rights and liberties. (City Manager’s Office)

[Rules Committee referral 9/10/03 – Item 3.2(e)]

3.5 Public Notification and Dissemination of Information in Public Safety Investigations.

* Recommendation: City staff presentation on the public notification and dissemination of information in Public Safety Investigations.

(Cortese)

(Rules Committee referral 9/17/03)

3.6 Acceptance of a draft letter in support of extending Megan’s Law.

* Recommendation: Acceptance of draft letter to Governor and the State Legislature supporting the reconvening of the current 2003 Legislative Session for purposes of passing legislation which would extend the otherwise January 1, 2004 sunset of Megan's Law.

[Rules Committee referral 9/17/03 – Item 3.2(c)(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

Council Member Williams, Chair

4.3 Approval of the 2002-2003 Consolidated Annual Performance Evaluation Report.

Recommendation: Approval of the 2002-2003 Consolidated Annual Performance Evaluation Report (CAPER). CEQA: Not a Project. (Housing/Parks, Recreation and Neighborhood Services)

4.4 Approval to reorganize the Sphere of Influence boundary between the cities of San José and Morgan Hill.

* Recommendation: Adoption of a resolution indicating support of the reorganization of the Sphere of Influence boundary between the cities of San José and Morgan Hill to include three parcels (Assessor’s Parcel Numbers 728-35-003, -004, and -005) totaling 2.59 acres within the City of Morgan Hill Sphere of Influence and the detachment of Assessor’s Parcel Number 728-35-005 from the San José municipal boundary, and directing and authorizing the City Clerk to execute a related Consent to Waiver of Protest Proceeding and to forward this resolution to the Local Agency Formation Commission of Santa Clara County (LAFCO). CEQA: Mitigated Negative Declaration of the City of Morgan Hill, File No. EA02-03. Council District 2. (Planning, Building and Code Enforcement).

5 RECREATION & CULTURAL SERVICES

5.1 Report of the All Children Achieve Committee – September 11, 2003

Council Member Yeager, Chair
Summary

(a) Continuation of Discussion on the Blueprint for Bridging the Digital Divide

· Update survey report on parent organizations and administrators

(b) City/School Collaborative: Update on Opportunities for Joint Use Agreements with School District Partners

(d) Oral petitions

(e) Adjournment

6 TRANSPORTATION SERVICES

6.1 Report of the Building Better Transportation Committee – September 8, 2003

Council Member Cortese, Chair

(a) Expansion and Improvement of Transit and Transportation Systems

(1) No items

(b) Traffic Relief/Safe Streets

(1) Report on Construction Impact Mitigation Plan (CIMP) Outreach

SEE ITEM 6.2 FOR COUNCIL ACTION TO BE TAKEN

(2) School Transportation Safety Programs

(1) No items

(d) Regional Relationships/Funding/Policy

(1) State, Federal, and Local Legislative Update

(2) Santa Clara Valley Transportation Agency (Valley Transportation Authority), Valley Transportation Plan (VTP) 2020 Update

SEE ITEM 6.3 FOR COUNCIL ACTION TO BE TAKEN

(e) Oral petitions

(f) Adjournment

* DEFER TO 9/30/03

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

Recommendation: Approval of an ordinance amending Title 13 of the San José Municipal Code to revise Chapter 13.36, setting forth a requirement that a Construction Impact Mitigation Plan be prepared for all major construction projects, unless the City has otherwise entered into a Cooperation Agreement requiring such a Plan.

(City Manager’s Office/Redevelopment Agency)

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

* DEFER TO 9/30/03

6.3 Adoption of projects and priorities for VTA’s Local Streets and County Road Program.

Recommendation: Adoption of projects and priorities for VTA’s Local Streets and County Road Program. (Transportation)

[Building Better Transportation Committee referral 9/8/03 – Item 6.1(d)(2)]

* DEFER TO 9/30/03

7 ENVIRONMENTAL & UTILITY SERVICES

7.1 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)

(Deferred from 8/19/03 – Item 7.1)

* CONTINUE TO 9/30/03

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

Recommendation: PUBLIC HEARING on 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)

(Deferred from 8/19/03 – Item 7.2)

* CONTINUE TO 9/30/03

8 AVIATION SERVICES

8.1 Approval of various actions related to the San José Jet Center.

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

(a) Negotiate and execute a Consent and Estoppel Certificate with Bank of America, N.A., consenting to an encumbrance by deed of trust of the leasehold interest of San José Jet Center, Inc. at the Norman Y. Mineta San José International Airport, in a loan amount from Bank of America to San José Jet Center not to exceed $7,000,000.

(b) Negotiate and execute any other document required for the City’s consent to the encumbrance by deed of trust of the leasehold interest of San José Jet Center and loan from Bank of America to San José Jet Center in an amount not to exceed $7,000,000.

CEQA: Resolution Nos. 67380 and 71451, PP03-03-082. (Airport)

(Rules Committee referral 9/17/03)

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:

Tract	Location	Council District	Developer	Lots/ Units	Type	Proposed Decision
9522	Quimby Road s/s 1,700 e/ly of Ruby	8	Santa Clara Valley Housing	48 lots/45 units	SFD	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

[ Clerk Home | Agenda Index ]