1. CEREMONIAL ITEMS
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.
2.4 Proposed Revisions to Resolution 72547, Regulations and Procedures for the San José Elections Commission Investigations and Hearings.
2.7 Sponsored Travel to Third World Forum on Regional Economic Development ,
Madeira, Portugal.
(a) Accept the invitation of the European Association of Development Agencies and
the Agencia de Desenvolvimento da Regiao Autonoma da Medeira (ADERAM)
to make a presentation at the Third World Forum on Regional Economic
Development in Funchal, Madiera, Portugal, November 23 and 24, 2009.
ADERAM will pay for travel and accommodation costs.
2.8 Award the purchase of Office Furniture to Western Contract Interiors. Supplemental - Letter from the Water Pollution Control Plant
2.9 Agreement for Live Online Homework Help Services.
(a) Execute the first amendment to the existing Live Online Homework Help Services
Agreement ("Agreement") with Tutor.com to extend the term for an additional year
from December 1, 2009 to November 30, 2010, and increase the total compensation
by $131,250 to a revised not to exceed amount of $256,250; and
3. STRATEGIC SUPPORT SERVICES
3.5 Independent Police Auditor Recruitment.
(a) Accept the draft profile of the Independent Police Auditor position, approve the
timeline for the recruitment and provide feedback and direction on the draft
conflict of interest form.
3.6 Various Actions Related to the Record Management System Project.
Return on Investment (ROI) Study
(a) Accept the project update related to the Automated Field Reporting and Records
Management System (AFR/RMS) project.
Management System (AFR/RMS) project.
(b) Adopt a resolution authorizing the City Manager and the Chief of Police to accept
award of the 2009 COPS Technology Program Grant in the amount of $695,000
and authorize the City Manager and the Chief of Police to negotiate and execute
additional amendments to the grant agreement and all related documents for the
2009 COPS Technology Program Grant without further Council action.
CEQA: Not a Project. (Police/City Manager's Office) Resolution
- 9 - CC 11/17/09
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.3 Development Fee Program Budgets.
(a) Adopt the following 2009-2010 Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund:
4.10 Actions related to the Multi-Family Housing at Belovida at Newbury Park.
Supplemental - Memo from the Departments of Finance and Housing
(a) Authorizing the issuance of tax-exempt multifamily housing revenue bonds
designated as "City of San José Multifamily Housing Revenue Bonds (Belovida
at Newbury Park Senior Apartments), Series 2009A" in an aggregate principal
amount not to exceed $26,200,000 (the "Bonds");
(b) Approving a loan of Bond proceeds to Belovida at Newbury Park, L.P., a
California limited partnership created by CORE Affordable Housing, LLC and
EAH, Inc., to finance the construction of the Belovida at Newbury Park Senior
Apartments located at 1777 Newbury Park Drive in San José;
(c) Approving in substantially final form the Bonds, Trust Indenture, Loan
Agreement, and Regulatory Agreement and Declaration of Restrictive Covenants;
(d) Authorizing the City Manager, Director of Finance, Assistant Director of Finance,
Treasury Division Manager, Debt Administrator, and Director of Housing, or
their designees, to execute and, as appropriate, to negotiate, execute and deliver
these Bond documents and other related Bond documents as necessary; and
(e) Approving a change in the project's income restrictions, related to units restricted
to extremely low-income and very low-income households, to 48 units restricted
to households at or below 30% of Area Median Income ("AMI"), 136 units
restricted to households at or below 50% of AMI, and one unrestricted manager's
unit.
CEQA: Mitigated Negative Declaration, File No. PDC07-015. Council District 3.
(Housing/Finance)
* (Deferred from 10/27/09 - Item 4.2, 11/3/09 - Item 4.3 and 11/10/09 - Item 4.3)
5. NEIGHBORHOOD SERVICES
5.2 Report on RFP for Retail Concessions for Happy Hollow Park and Zoo.
Supplemental Memo from Director of Parks, Recreation and Neighborhood Services
(a) Negotiate and execute a Retail Concession Agreement with Urban Park
Concessionaires to provide retail services at Happy Hollow Park and Zoo inside
the newly constructed "Explore & More Store," effective from the date of
execution by the City Manager through five (5) years, with fifteen percent (15%)
of gross sales from the Retail Store to be paid to the City, with a Minimum
Annual Guarantee of $6,300 per month.
(b) Execute two additional one-year options to extend the agreement after the initial
term of the Retail Concession Agreement.
CEQA: Mitigated Negative Declaration, File No. PP05-142, dated April, 2007. (Parks,
Recreation and Neighborhood Services)
(Deferred from 11/3/09 - Item 5.2 and 11/10/09 - Item 5.2)
6. TRANSPORTATION & AVIATION SERVICES
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Agreement with City of Santa Clara for the South Bay Water Recycling Program.
Supplemental - Letter from the Water Pollution Control Plant
(a) Adopt a resolution authorizing the City Manager to negotiate and execute the
Sixth Amendment to the construction service agreement with City of Santa Clara
for the South Bay Water Recycling Program, revising the approved project list,
increasing the maximum amount payable by $3,000,000 to a total maximum
amount not to exceed $30,600,000 and extending the term of the agreement by
eighteen months to December 31, 2011.
11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.) Notice to the public: There will be no separate discussion of Public Hearings Consent Calendar (Item 11.1) 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 Public Hearings Consent Calendar (Item 11.1) and considered separately.
Nov 17, 2009 City Council
1. CEREMONIAL ITEMS
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.
2.4 Proposed Revisions to Resolution 72547, Regulations and Procedures for the San José Elections Commission Investigations and Hearings.
2.7 Sponsored Travel to Third World Forum on Regional Economic Development ,
Madeira, Portugal.
(a) Accept the invitation of the European Association of Development Agencies and
the Agencia de Desenvolvimento da Regiao Autonoma da Medeira (ADERAM)
to make a presentation at the Third World Forum on Regional Economic
Development in Funchal, Madiera, Portugal, November 23 and 24, 2009.
ADERAM will pay for travel and accommodation costs.
2.8 Award the purchase of Office Furniture to Western Contract Interiors. Supplemental - Letter from the Water Pollution Control Plant
2.9 Agreement for Live Online Homework Help Services.
(a) Execute the first amendment to the existing Live Online Homework Help Services
Agreement ("Agreement") with Tutor.com to extend the term for an additional year
from December 1, 2009 to November 30, 2010, and increase the total compensation
by $131,250 to a revised not to exceed amount of $256,250; and
3. STRATEGIC SUPPORT SERVICES
3.5 Independent Police Auditor Recruitment.
(a) Accept the draft profile of the Independent Police Auditor position, approve the
timeline for the recruitment and provide feedback and direction on the draft
conflict of interest form.
3.6 Various Actions Related to the Record Management System Project.
Return on Investment (ROI) Study
(a) Accept the project update related to the Automated Field Reporting and Records
Management System (AFR/RMS) project.
Management System (AFR/RMS) project.
(b) Adopt a resolution authorizing the City Manager and the Chief of Police to accept
award of the 2009 COPS Technology Program Grant in the amount of $695,000
and authorize the City Manager and the Chief of Police to negotiate and execute
additional amendments to the grant agreement and all related documents for the
2009 COPS Technology Program Grant without further Council action.
CEQA: Not a Project. (Police/City Manager's Office) Resolution
- 9 - CC 11/17/09
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.3 Development Fee Program Budgets.
(a) Adopt the following 2009-2010 Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund:
4.10 Actions related to the Multi-Family Housing at Belovida at Newbury Park.
Supplemental - Memo from the Departments of Finance and Housing
(a) Authorizing the issuance of tax-exempt multifamily housing revenue bonds
designated as "City of San José Multifamily Housing Revenue Bonds (Belovida
at Newbury Park Senior Apartments), Series 2009A" in an aggregate principal
amount not to exceed $26,200,000 (the "Bonds");
(b) Approving a loan of Bond proceeds to Belovida at Newbury Park, L.P., a
California limited partnership created by CORE Affordable Housing, LLC and
EAH, Inc., to finance the construction of the Belovida at Newbury Park Senior
Apartments located at 1777 Newbury Park Drive in San José;
(c) Approving in substantially final form the Bonds, Trust Indenture, Loan
Agreement, and Regulatory Agreement and Declaration of Restrictive Covenants;
(d) Authorizing the City Manager, Director of Finance, Assistant Director of Finance,
Treasury Division Manager, Debt Administrator, and Director of Housing, or
their designees, to execute and, as appropriate, to negotiate, execute and deliver
these Bond documents and other related Bond documents as necessary; and
(e) Approving a change in the project's income restrictions, related to units restricted
to extremely low-income and very low-income households, to 48 units restricted
to households at or below 30% of Area Median Income ("AMI"), 136 units
restricted to households at or below 50% of AMI, and one unrestricted manager's
unit.
CEQA: Mitigated Negative Declaration, File No. PDC07-015. Council District 3.
(Housing/Finance)
* (Deferred from 10/27/09 - Item 4.2, 11/3/09 - Item 4.3 and 11/10/09 - Item 4.3)
5. NEIGHBORHOOD SERVICES
5.2 Report on RFP for Retail Concessions for Happy Hollow Park and Zoo.
Supplemental Memo from Director of Parks, Recreation and Neighborhood Services
(a) Negotiate and execute a Retail Concession Agreement with Urban Park
Concessionaires to provide retail services at Happy Hollow Park and Zoo inside
the newly constructed "Explore & More Store," effective from the date of
execution by the City Manager through five (5) years, with fifteen percent (15%)
of gross sales from the Retail Store to be paid to the City, with a Minimum
Annual Guarantee of $6,300 per month.
(b) Execute two additional one-year options to extend the agreement after the initial
term of the Retail Concession Agreement.
CEQA: Mitigated Negative Declaration, File No. PP05-142, dated April, 2007. (Parks,
Recreation and Neighborhood Services)
(Deferred from 11/3/09 - Item 5.2 and 11/10/09 - Item 5.2)
6. TRANSPORTATION & AVIATION SERVICES
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Agreement with City of Santa Clara for the South Bay Water Recycling Program.
Supplemental - Letter from the Water Pollution Control Plant
(a) Adopt a resolution authorizing the City Manager to negotiate and execute the
Sixth Amendment to the construction service agreement with City of Santa Clara
for the South Bay Water Recycling Program, revising the approved project list,
increasing the maximum amount payable by $3,000,000 to a total maximum
amount not to exceed $30,600,000 and extending the term of the agreement by
eighteen months to December 31, 2011.
11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.) Notice to the public: There will be no separate discussion of Public Hearings Consent Calendar (Item 11.1) 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 Public Hearings Consent Calendar (Item 11.1) and considered separately.
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