SAN JOSE CITY COUNCIL

AMENDED AGENDA

FEBRUARY 24, 2004

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 2)

*          Summer Morrow, Edenvale Elementary School

·                   Pledge of Allegiance

·                   Orders of the Day

            See New Item 2.8, Approval to submit 2 grant applications for the Taxiway Z Alignment and Terminal C Apron Lighting Projects.

            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            Presentation of a commendation to the Crosscultural Community Services Center.  (Campos)

1.2            Presentation of a commendation to Michele Young, Environmental Services Department,  City of San José, for being the recipient of the prestigious H. Clark Gregory Award for Outstanding Grassroots Efforts Promoting Composting at the recent United States Composting Council (USCC).  (LeZotte)

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 January 20, 2004

            (b)            Regular meeting of January 27, 2004

            (c)            Joint Council/Agency Board meeting of January 27, 2004

            (d)            Regular meeting of February 3, 2004

            (e)            Joint Council/Santa Clara Valley Water District Board meeting of Feb. 3, 2004

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 27069 – Establishes an Underground Utility District on Stevens Creek Boulevard, from Calvert Drive to Stern Avenue.

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

2.4              Approval to purchase Variable Frequency Drives and motors.

            Recommendation:  Approval of a sole source award to purchase 6 Variable Frequency Drives (VFDs) and 2 motors from Carrier Corporation of San Leandro, CA, for a total amount not to exceed $189,226, including sales tax, delivery and installation, and authorization for the Director of General Services to execute the purchase order. CEQA:  Resolution Nos. 67380 and 71451, PP04-01-024.  (General Services)

2.5              Approval of an agreement for sports field improvements at Flickinger Park.

            Recommendation:  Approval of a Turnkey Parkland Agreement with Pulte Home Corporation for sports field improvements at Flickinger Park, as required by Tentative Map No. PT 03-051.  CEQA:  Mitigated Negative Declaration, PDC03-038.  Council District 4.  (Parks, Recreation and Neighborhood Services)

2.6              Approval of action to vacate an easement on Almaden Avenue and Woz Way.

            Recommendation:  Adoption of a resolution of intention to vacate a 60-foot wide Storm Drain Easement on the northwest corner of Almaden Avenue and Woz Way and setting a public hearing on March 23, 2004 at 1:30 p.m.  CEQA:  Resolution Nos. 64273 and 68839 and addendum thereto, RH00-05-005.  Council District 3.  (Public Works)

2.7            Approval of Council Members Forrest Williams and Nora Campos travel.

*            Recommendation: 

            (a)        Approval of Council Member Forrest Williams’ travel to Washington, D.C., March 6-10, 2004, to attend the American Public Transportation Agency Conference.  Funding:  Santa Clara Valley Transportation Agency.  (Williams)

            (b)        Approval of Council Member Nora Campos travel to Washington, D.C., March 3-7, 2004, to attend the National League of Cities Conference, Municipalities in Transition Panel on Equity and Opportunity Committee.  Funding:  Council District 5 Office Budget.  (Campos)

2.8            Approval to submit 2 grant applications for the Taxiway Z Alignment and Terminal C Apron Lighting Projects.

*            Recommendation:  Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, two grants from the Federal Aviation Administration to be used to defray the costs of the Taxiway Z Alignment, in the amount of $2,505,594, and Terminal C Apron Lighting, in the amount of $500,000, projects at the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager's contract authority.  (Airport)

            (Orders of the Day)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – February 11, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review February 24, 2004 Draft Agenda

                        (2)            Add New Items to February 17, 2004 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)            Recommend one Council Member appointment to Project Diversity Screening Committee

                                    COUNCIL ACTION TAKEN ON 2/17/04 – ITEM 3.5(a)

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)            Add Review of the Fire Department’s Hazardous Incident Team to the City Auditor’s 2003-04 Audit Workplan

            (h)        Oral communications

            (i)         Adjournment

3.2       Report of the Rules Committee – February 18, 2004 (partial)

            Vice Mayor Dando, Chair

            (c)            Legislative Update

                        (1)            State

                                    (a)            Approve City positions on March 2004 State Ballot Propositions

                                                SEE ITEM 3.6 FOR COUNCIL ACTION TO BE TAKEN

*3.3              Report of the Making Government Work Better Committee – February 11, 2004

            Council Member Campos, Chair
Summary

            (a)        Update of Major Information Technology Projects

            (b)        Discussion of Neighborhood Development Center Audit Outcomes

            (c)        Discussion of the Procedures and Policies Regarding City-Owned Land

            (d)        Investment Report

            (e)        Annual Debt Report - SEE ITEM 3.5 FOR COUNCIL ACTION TO BE TAKEN

            (f)         Oral petitions

            (g)        Adjournment

*3.4            Approval of appointments to the Project Diversity Screening Committee.

            Recommendation:  Approval of the four Mayor appointments to Project Diversity Screening Committee.  (Mayor)

            [Rules Committee referral 2/4/04 – Item 3.2(f)(1), 2/11/04 – Item 3.2(f)(1) and 2/17/04 – Item 3.5(b)]

*3.5            Presentation on the City’s Annual Debt Report.

            Recommendation:  Presentation on the City’s Annual Debt Report.  (Finance)

            [Making Government Work Better Committee referral 2/11/04 – Item 3.3(e)]

 3.6            Approval of City positions in support of each of the statewide ballot propositions.

            Recommendation:  Approval of support positions for each of the statewide ballot propositions set for the March 2, 2004 Primary Election: 

            (a)        Proposition 55-Kindergarten-University Public Education Facilities Bond Acts of 2004 (Support);

            (b)        Proposition 56-State Budget, Related Taxes, and Reserve. Voting Requirements. Penalties (Support);

            (c)        Proposition 57-The Economic Recovery Bond Act (Support); and

            (d)        Proposition 58-The California Balanced Budget Act (Support).

            [Rules Committee referral 2/18/04 – Item 3.2(c)(1)(a)]

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 City’s affordable housing programs.

            Recommendation:  Adoption of a resolution:

            (a)            (1)            Approving a strategy to provide for the ongoing funding of the City’s affordable housing programs, including rental housing development, first-time homebuyer programs, and housing rehabilitation activities.  
Attachment A

                        (2)            Approving project threshold criteria and a weighting system for scoring proposed developments upon which to base future funding-commitment recommendations for affordable housing development projects.

                        CEQA:  Not a Project.  (Housing)

                        (Deferred from 2/10/04 – Item 4.3)

            (b)        Adoption of a resolution modifying the Housing Rehabilitation Program as follows:

                        (1)            Target all housing rehabilitation program funds to low-income households, currently defined as those households earning below 77% of Area Median as annually adjusted by the Department of Housing and Urban Development.

                        (2)            Target owner-occupied properties only, with the exception of specific rental demonstration projects currently in progress.

                        (3)            Authorize the use of SNI Exterior Grant funds for critical health and safety conditions and/or handicap accessibility projects.

                        (4)            Authorize the Director of Housing to negotiate and execute loans for the replacement of substandard mobilehomes, trailers, and recreational vehicles for lower-income households and the unit must be used as a principal residence and be located in a mobilehome park in the City of San José.

                        CEQA:  Not a Project.  (Housing)

4.4              Approval to initiate proceedings to amend the San José Municipal Code to allow the concurrent sale of food and alcohol at gasoline service stations under certain circumstances. 

            Recommendation:  Adoption of a resolution initiating proceedings to amend Part 7 of Chapter 20.80 of Title 20 of the San José Municipal Code to allow the concurrent sale of food and alcohol at gasoline service stations under certain circumstances, setting a public hearing on May 4, 2004 at 7:00 p.m. on a proposed ordinance, and referring the proposed amendments to the Planning Commission for report or recommendation.  CEQA:  Not a Project.  (Planning, Building and Code Enforcement)

            (Deferred from 1/27/04 – Item 4.4)

            RECOMMEND DEFERRAL TO 3/30/04

4.5              Approval of fiscal actions for the Trestles Apartments.

Recommendation:  Adoption of a resolution:

            (a)        Authorizing the issuance of tax-exempt multifamily housing revenue bonds designated as "City of San José Variable Rate Demand Multifamily Housing Revenue Bonds (Trestles Apartments) Series 2004A-1 (the "Senior Bonds") and City of San José Subordinate Multifamily Housing Revenue Bonds (Trestles Apartments) Series 2004A-2" (the "Subordinate Bonds") in an aggregate principal amount not to exceed $8,625,000 (collectively, the "Bonds");

            (b)        Approving a loan of Bond proceeds to Fairfield Trestles, L.P., a California limited partnership, for financing the acquisition and rehabilitation of Trestles Apartments located at 1566 Scott Street in San José;

            (c)        Approving in substantially final form the Bonds, Trust Indenture, Financing Agreement, Indenture of Trust, Loan Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Intercreditor Agreement, Bond Purchase and Placement 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 bond documents and other related bond documents as necessary.

            CEQA:  Exempt.  Council District 6.  SNI:  Burbank/Del Monte.  (Finance/Housing). Exempt, PP04-02-028.

4.6             Approval of fiscal actions for Las Mariposas Housing Development.

*          Recommendation: 

            (a)        Adoption of a resolution:

                        (1)            Approving a construction loan of up to $4,181,662 and a grant of $630,000 to Ketzal Community Development Corporation for the development of the 66-unit Las Mariposas for-sale, affordable housing project located at the northeast corner of Alum Rock Avenue and Jose Figueres Drive.

                        (2)            Approving up to $2,350,000 in subordinate-position mortgage loans to qualified low- and moderate-income buyers of units in the project.

            (b)        Adoption of amendments to the annual Funding Sources Resolution and the annual Appropriation Ordinance in the Multi-Source Housing Fund (Fund 448) to:

                        (1)            Increase Revenue Estimate by $630,000.

                        (2)            Establish a Las Mariposas Project appropriation to the Housing Department for $630,000.

            CEQA:  Negative Declaration, PDC 99-12-096.  Council District 5.  (Housing/City Manager’s Office)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee – February 12, 2004

            Council Member Yeager, Chair
Summary

            (a)        Update on Little Hands Early Childhood Literacy Programs and Other Literacy Programs

            (b)        Report on City Partnership with Community-Based Education and Youth Services Partners

·                    Priorities of funding sources

·                    Progress of Service Deliverables to meet City Service Area Goals

            (c)        Civic Center Childcare Update

            (d)        Presentation and discussion on Youth, and Parks and Recreation Commissions’ Recommendations on City Core Services

            (e)        Youth Commission Strategic Workplan Update – Update and discussion on new structure, and linkage with City Council All Children Achieve Committee

            (f)         Oral petitions

            (g)        Adjournment

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

6.2              Approval to support the Santa Clara Valley Transportation Authority’s Community Design and Transportation Program.

*Recommendation:  Adoption of a resolution amending Resolution No. 71772 to support the Santa Clara Valley Transportation Authority’s Community Design and Transportation Program.  CEQA: Not a Project.  (Transportation)
Attachment A

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Approval to certify and submit the Fiscal Year 2004-2005 City of San José Work Plans for Urban Runoff Management.

            Recommendation:  Authorization for the City Manager to certify and submit the Fiscal Year 2004-2005 City of San José Work Plans for Urban Runoff Management to the San Francisco Bay Regional Water Quality Control Board (Regional Board).  CEQA:  Not a Project.  (Environmental Services/General Services/Parks, Recreation and Neighborhood Services/Planning, Building and Code Enforcement/Public Works/Transportation)

7.2              Approval of actions related to access, overflow, and pipelines for property located near Old Yerba Buena Road.

            Recommendation:  Adoption of a resolution:
Supplemental
Treament Plant Adviory Committee

            (a)        Determining that public use and necessity require the acquisition of: 

                        (1)            Fee title to a portion of property located near Old Yerba Buena Road, owned by Legacy Partners, LLP for a recycled water storage facility site; and

                        (2)            Permanent easements for access, overflow, and pipelines.

                        (3)            Temporary construction easements (TCE) for  recycled water storage facility access, pipelines, and overflow drains.

            (b)        Finding that: 

                        (1)            The property to be taken is necessary for the completion of the Zone 3 recycled water storage facility project;

                        (2)            The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;

                        (3)            City staff established an amount of just compensation not less than the approved appraisal of the fair market value and,

                        (4)            City staff presented an offer to the owners for the full appraised amount; and

                        (5)            The proposed taking and use are authorized by law;

            (c)        Directing the City Attorney to file an eminent domain action to acquire the above property interests.

            CEQA:  Negative Declaration, PP00-05-072.  Council District 8.  (Public Works/Environmental Services)

8     AVIATION SERVICES

8.1            Presentation on the conceptual design progress for the Central Terminal Building and North Concourse Building at the Airport.

*          Recommendation:  Presentation on the conceptual design progress for the Central Terminal Building and North Concourse Building at the Norma Y. Mineta San José International Airport.  CEQA:  Resolution Nos. 67380 and 71451.  (Airport)

            (Deferred from 2/3/04 – Item 8.1 and 2/17/04 – Item 8.1)

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

·                   Closed Session Report

·                   Notice of City Engineer’s Pending Decision on Final Maps

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

·                   Adjournment