SAN JOSE CITY COUNCIL
MEETING AMENDED AGENDA
May 8, 2001
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
1:30 p.m. - Regular Session, Council Chambers, City Hall
Invocation (District 5)
*Invocation: Pastor Matt Munoz, Mount Pleasant Christian Center
Mariachi Juvenile Sol Azteca
Pledge of Allegiance
Orders of the Day
*See New Item 3.6, Approval of Memorandum of Agreement terms with the International Union of Operating Engineers, Local No. 3.
1 CEREMONIAL ITEMS
1.1 Presentation of proclamations to History Museum of San José, Connie Young Yu, and Chinese Historical and Cultural Project for their efforts of preserving and sharing San José Chinese-American cultural heritage, and receipt of copies of Chinatown San José, USA by Connie Young Yu by the City Council. (History Museum of San José)
1.2 Presentation of a Distinguished School Award to Rolling Hills Middle School will be accepted by Principal, Nancy Atkinson and Campbell Union School District Superintendent, Johanna Vandermolen. (LeZotte)
1.3 Presentation of awards by CalFest, the Professional Festivals and Events Association of California and Nevada, to the City of San José Holiday Parade. (Parks, Recreation and Neighborhood Services)
*RECOMMEND DEFERRAL TO 6/5/01
*1.4 Presentation of a commendation to Mr. Robert Porcari for his courage and heroic acts in trying to prevent a homicide in-progress on September 13, 1997, by calling the San Jose emergency call center, even at immediate risk to his own safety. (Yeager)
(Rules Committee referral 5/2/01)
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) Convocation – State of the City meeting of February 17, 2000
(b) Convocation – State of the City meeting of February 1, 2001
(c) Regular meeting of February 6, 2001
(d) Regular meeting of February 13, 2001
(e) Joint City Council/Redevelopment Agency/Financing Authority meeting of February 13, 2001
2.2 Final adoption of ordinance.
Recommendation: Final adoption of ordinance:
(a) ORD. NO. 26352 – Rezones certain real property situated at the southeast corner of East Julian and North 13th Streets. C 01-03-047
2.3 Approval to extend the lease agreement with Mexicana Airlines.
Recommendation: Approval of the sixth amendment to Operating Agreement and Terminal Building Lease with Compania Mexicana de Aviacion, S. A. de C.V. (Mexicana Airlines) extending the term from February 1, 2002 through November 30, 2007, and adding approximately 201 square feet of operations space, with projected annual revenue to the City of $242,000. CEQA: Resolution No. 67380. (Airport)
2.4 Approval of agreements for senior executive staff recruitments.
Recommendation:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Shannon Associates for senior executive staff recruitment, in an amount not to exceed $120,000.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Oldani Group, Inc. for senior executive staff recruitment, in an amount not to exceed $120,000.
(City Manager’s Office)
2.5 Approval for the City Manager to travel.
Recommendation: Authorization for the City Manager to travel to attend the Partners for Livable Communities Creative Cities: Power for the New Economy and Board of Trustees Meetings Conference in Washington, D.C. from May 23 through May 24, 2001. (City Manager’s Office)
2.6 Acceptance of the 2001 Public Art Workplan First Quarter Report.
Recommendation: Acceptance of the 2001 Public Art Workplan First Quarter Report. (Conventions, Arts and Entertainment)
2.7 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 2000-2001 #41, and authorization for the Director of General Services to execute the purchase orders. (General Services)
2.8 Approval to purchase additional Police training weapons and ammunition.
Recommendation: Approval of the option to purchase additional Police training weapons and ammunition from L. C. Action Police Supply, for a total cost of $33,203, including tax, and authorization for the Director of General Services to execute the purchase order. (General Services)
2.9 Approval to accept donations from the San José Public Library Foundation.
Recommendation: Adoption of a resolution accepting donations from the San José Public Library Foundation, in an amount not to exceed $199,000, for the period July 1, 2001 to June 30, 2002. (Library)
2.10 Approval of the reorganization of territory designated as Alum Rock No. 14.
Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as Alum Rock No. 14, which involves the annexation to the City of San José of 0.51 acre of land, located on the north side of Alum Rock Avenue, approximately 150 feet easterly of Pala Avenue, and detachment of the same from the Central Fire Protection District, County Library Services Area No. 1, and County Lighting Services. CEQA: Exempt. Council District 5. (Planning, Building and Code Enforcement)
2.11 Approval of the reorganization of territory designated as McKee No. 117.
Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as McKee No. 117 (an approved annexation), which involves 0.75 acre of land, located at the northwest corner of Kirk Avenue and Madeline Drive, and detachment of the same from the County Lighting District, and reaffirms the approval of the reorganization of this territory as set forth in Resolution No. 69238, adopted by the City Council on December 7, 1999. CEQA: Exempt. Council District 5. (Planning, Building and Code Enforcement)
2.12 Approval of fiscal actions for P.O.S.T.-reimbursed Training Programs.
Recommendation: Adoption of amendments to the annual appropriation ordinance and funding sources resolution in the General Fund for expenses related to P.O.S.T.-reimbursed Training Programs, in the amount of $36,398. (Police/City Manager’s Office)
2.13 Approval of intention to vacate a portion of Skyway Drive and to set a public hearing.
Recommendation: Adoption of a resolution of intention to vacate a portion of Skyway Drive north of Houndshaven Way and setting a public hearing on June 5, 2001 at 1:30 p.m. CEQA: Resolution No. 65245. Council District 2. (Public Works
RECOMMEND DEFERRAL TO 5/15/01
2.14 Approval of an agreement for the operation of telecommunications facilities.
*Recommendation: Approval of a five-year property use agreement, with one five-year option, with Sprint PCS, allowing for the construction, installation, maintenance, and operation of telecommunications facilities at 1661 and 2077 Airport Boulevard, at an annual base rent of $60,000 plus $55 per square foot per year for floor and shelf space, with yearly increases in base and square foot charges at the greater of 4% or the rise in the Consumer Price Index. CEQA: Exempt. Council District 3. (Public Works)
*RECOMMEND DEFERRAL TO 5/15/01
2.15 Approval of a contract for the Willow Street Sanitary Pump Station and Force Main Project.
*Recommendation: Report on bids and award of contract for the Willow Street Sanitary Pump Station and Force Main (MRP 97-6) Project to the low bidder, Reggie Hughley Excavating, Inc., in the amount of $284,915, and approval of a contingency in the amount of $28,500. CEQA: Exempt. Council District 6. (Public Works)
Recommendation: Approval of Contract Change Order No. 11 with RGW Construction, Inc., for the construction of Silicon Valley Boulevard Bridge Phase II Project, in the amount of $56,013.23, for a total contract amount of $2,029,073.96, and no change in the contract term. CEQA: Resolution No. 65660. Council District 2. (Public Works)
2.17 Approval of a contract for the West Virginia Street Alley Improvement Project.
Recommendation: Report on bids and award of contract for the West Virginia Street Alley Improvement, a CDBG funded project, to the low bidder, Grade Tech Inc., in the amount of $135,940, and approval of a contingency in the amount of $14,000. CEQA: Exempt. Council District 3. (Public Works)
*Recommendation: Adoption of a resolution approving an exception to the City Street Light Policy #4-2 to allow the use of high-pressure sodium (HPS) lighting for the Hensley Historic District Pedestrian Streetlight Project within the boundaries of North Second, East Empire, North Sixth, and East Julian Streets. CEQA: Exempt. Council District 3. (Public Works)
2.19 Approval of an agreement for the San José McEnery Convention Center Sound System Renovation Project.
Recommendation: Approval of an agreement with Sound Technology Consultants, Inc., for consultant services including design engineering and construction support for the San José McEnery Convention Center Sound System Renovation Project, for the period April 2, 2001 to September 30, 2003, in the amount of $184,000. (Public Works)
2.20 Acceptance of the San José Arena Authority Ticket Distribution Program Report.
Recommendation: Acceptance of the First Quarter 2001 San José Arena Authority Ticket Distribution Program Report. (San José Arena Authority)
*2.21 Approval of the final map for Tract No. 9276.
Recommendation: TRACT NO. 9276 - North side of Tradewinds Drive, approximately 620 feet east of Snell Avenue - Tradewinds Associates, LLC; A California Limited Liability Company (Developer) - one lot Condominium Map, containing 24 units, single-family attached residential units. Adoption of a resolution approving the final map for Tract No. 9276. CEQA: Negative Declaration. Council District 2. (Public Works)
3 STRATEGIC SUPPORT SERVICES
3.1 Report of the Study Session,
Mayor Gonzales, Chair
3.2 Report of the Rules Committee – April 25, 2001
Vice Mayor Shirakawa, Jr., Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review May 8, 2001 Draft Agenda
(2) Add New Items to May 1, 2001 Amended Agenda
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
(d) Ad Hoc Traffic Calming Advisory Committee
(d) Meeting Schedules
(e) The Public Record
(f) Boards, Commissions and Committees
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(h) Administrative Reviews and Approval
(i) Oral communications
(j) Adjournment
3.3 Report of the Finance and Infrastructure Committee – April 25, 2001
Council Member Dando, Chair
(a) Monthly Financial Statement for March 2001
(b) Capital Cost Report for March 2001
(c) Cash Flow Projection
(d) Tax Increment Forecast
(e) March Monthly Report
(f) An Audit of the City of San José Fire Department Overtime Expenditures
(g) Financing Schedule for Issuance of General Obligation Bonds for Parks and Libraries
(h) Oral petitions
(j) Adjournment
3.4 Report of the Council Salary Setting Commission.
*Recommendation:
(a) Approval of Council Salary Setting Commission Report for the period July 1, 2001 through June 30, 2003. (City Clerk)
(b) Approval of an ordinance setting Mayor and Council Member salaries. (City Attorney's Office)
*TO BE HEARD IMMEDIATELY FOLLOWING 8.2
*3.5 number not used
*3.6 Approval of Memorandum of Agreement terms with the International Union of Operating Engineers, Local No. 3.
Recommendation: Adoption of a resolution approving the terms of a Memorandum of Agreement between the City of San José and the International Union of Operating Engineers, Local No. 3, subject to ratification and authorizing the City Manager to execute the agreement with a term of May 3, 2001 through April 16, 2004. (City Manager’s Office)
(Orders of the Day)
4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee
Council Member Williams, Chair
4.2 Final hearing and approval of the Consolidated Annual Action Plan for 2001-2002.
Recommendation:
(a) Approval of the 2001-2002 Federal Consolidated Annual Action Plan, as amended.
(b) Authorization for the Director of Housing to submit the approved document with the required certifications and other related documents to the US Department of Housing and Urban Development no later than May 15, 2001.
(c) Approval of the Community Development Block Grant Steering Committee’s recommendation on funding in the Contractual Community Services and Community Development Improvement categories of the CDBG program as outlined in the Consolidated Plan.
(d) Approval of staff's recommendation for the allocation of funds for the Housing Opportunities for People with AIDS (HOPWA) Program, the HOME Program, and the Emergency Shelter Grant (ESG) Program.
(e) Authorization for the Director of Housing to execute all documents on behalf of the City for the HOME, ESG, and HOPWA Programs; and
(f) Authorization for the Director of Parks, Recreation and Neighborhood Services to execute all documents on behalf of the City for the CDBG Program.
(Housing/Parks, Recreation and Neighborhood Services)
*4.3 Approval of a Beverage Service Business Window Tinting Ordinance.
Recommendation: Approval of an ordinance to regulate window tinting for businesses whose primary activity involves the service of non-alcoholic beverages for on-site consumption. (Planning, Building, and Code Enforcement/Police)
(Rules Committee referral 5/2/01)
*4.4 Approval of various actions to establish Proposed Maintenance Districts 19 and 20.
(a) Adoption of resolutions preliminarily approving the Engineer’s Reports.
(b) Set public meetings to be held on June 19, 2001 at 7:00 p.m.
(c) Set public hearings and tabulation of property owner ballots for June 26, 2001 at 1:30 p.m.
(d) Direct that the ballots and notices of said meetings and hearings be mailed to the property owners in the proposed districts.
Council District 3. (Public Works)
(Rules Committee referral 5/2/01)
*4.5 Approval of various actions to modify and reauthorize Maintenance Districts 4, 9, and 11.
(a) Adoption of resolutions preliminarily approving the Engineer’s Reports.
(b) Set public meetings to be held on June 19, 2001 at 7:00 p.m.
(c) Set public hearings and tabulation of property owner ballots for June 26, 2001 at 1:30 p.m.
(d) Direct that the ballots and notices of said meetings and hearings be mailed to the property owners in the proposed districts.
Council Districts 2, 3, and 4. (Public Works)
(Rules Committee referral 5/2/01)
*4.6 Public Hearing on a planned development rezoning on North First Street.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the east side of North First Street, 250 feet southerly of Burton Avenue, from CN Neighborhood Commercial Zoning District to A(PD) Planned Development Zoning District, to allow a reduction in parking requirements for existing restaurant uses on 0.36 gross acres. (Cortese, Owner; Tafreshi, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 01-02-013 - District 3
(Continued from 4/3/01 – Item 11.7 and 4/17/01 – Item 11.4)
*RECOMMEND CONTINUANCE TO EVENING OF 5/15/01
5 RECREATION & CULTURAL SERVICES
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee
Council Member Chavez, Chair
6 TRANSPORTATION SERVICES
6.1 Traffic Calming Advisory Committee (Ad Hoc) – April 26, 2001
Council Member Reed, Chair
(a) Report on Potential Speed Enforcement Legislation
(b) Report on Pedestrian Design Standards
(c) Update on Crosswalk Guidelines
(d) Update on Bike Lane Installation Guidelines
(e) Review of Work Plan Progress
(f) Oral petitions
(g) Adjournment
7 ENVIRONMENTAL & UTILITY SERVICES
Recommendation: PUBLIC HEARINGS on approval of ordinances granting Commercial Solid Waste and Recyclables Collection Franchises and approval of Commercial Solid Waste and Recyclables Collection Franchise Agreements with:
(a) AAA Express Roll-Off
(b) Butterick Enterprises, Inc. dba B&B Roll-Off Service
*(c) BFI Waste Services of North America, Inc., a Delaware Corporation
(d) Custom Disposal Service
(e) Diversified Recycling Services, Inc. dba San Jose Recycling II
(f) E.M.S., L.L.C.
(g) Green Valley Disposal Company, Inc.
(h) Green Waste Recovery, Inc.
(i) Green Waste Recovery, Inc. dba $99 Debris Box
(j) Grifall Trucking. Inc.
(k) Green Team of San Jose dba GT Waste Services
(l) JHM Services, Inc.
(m) Jonna Corporation dba Premier Recycle
(n) Julie Coleman Enterprises, Inc. dba Pacific Rim Recycling
(o) Phillip A. Ingram dba Coast Dumpster Service
(p) Los Altos Garbage Company dba Stevens Creek Disposal & Recycling
(q) Mission Trails Waste Systems dba Recycle West
(r) Number "1" Disposal
(s) Panther Industries
*(t) Newark Group, Inc. dba Recycled Fibers - RECOMMEND CONTINUANCE TO 5/29/01
(u) Recycling Systems
*(v) Smurfit-Stone Container Corporation dba Smurfit-Stone Recycling - RECOMMEND CONTINUANCE TO 5/29/01
(w) The Flea Market, Inc.
(x) USA Waste of California dba Hollister Disposal
(y) Waste Management of California, Inc. dba Waste Management of Santa Clara County
CEQA: Negative Declaration. (Environmental Services)
*7.2 Approval of agreements for the reduction of energy (electrical) consumption.
Recommendation: Adoption of a resolution authorizing the Director of General Services to execute the following agreements for reduction of energy (electrical) consumption:
(a) A Participation Agreement with Global Energy Partners LLC; and
(b) A Demand Relief Agreement with Infotility.
(General Services)
*DROP
7.3 Resolution regarding preservation of the Coyote Valley greenbelt.
Recommendation: Adoption of a resolution to reaffirm the City’s commitment to the preservation of the Coyote Valley greenbelt. (Mayor)
*RECOMMEND DEFERRAL TO 5/15/01
*7.4 Approval of various actions related to the release of two energy Request for Proposals.
Recommendation:
(a) Approval to issue two energy Requests for Proposals as follows:
(1) One for renewable energy on selected city facilities; and,
(2) One for peaker and convention power plants on selected sites.
(b) Approval of preferred sites to be included in Request for Qualifications.
(Environmental Services)
(Rules Committee referral 5/2/01)
TO BE HEARD LAST
8 AVIATION SERVICES
8.1 Approval to issue a Request for Proposals for Taxicab Services at San José International Airport.
Recommendation: Approval of report on staff’s intent to issue Request for Proposals for Taxicab Services at San José International Airport. (Airport)
*RECOMMEND DEFERRAL TO 5/15/01.
8.2 Approval of an agreement for master architectural services at the San José International Airport.
Recommendation: Approval of a first amendment to the agreement with M. Arthur Gensler, Jr. & Associates for master architectural services, increasing compensation by $5.0 million, from $4.5 million to $9.5 million. CEQA: Resolution No. 67380. (Airport)
9 PUBLIC SAFETY SERVICES
10 JOINT COUNCIL/REDEVELOPMENT AGENCY
Closed Session Report
Open Forum
To be heard jointly with Redevelopment Agency Public Discussion.
Adjournment