SAN JOSE CITY COUNCIL
MEETING AMENDED AGENDA
August 7, 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 7)
*Carl Rey, well known comedian from Iola Williams Senior Program
Pledge of Allegiance
Orders of the Day
Items marked with an asterisk denote changes or additions to the previously published Agenda for this meeting.
* See New Item 2.18, Approval of amendment to legal services agreement to increase compensation.
1 CEREMONIAL ITEMS
1.2 Presentation of a Commendation to The Community Service Area 1 Team who received the PRNS Director’s Challenge Award for their part in the opening of a new community center serving the constituents of District One. (LeZotte)
(Deferred from 6/26/01 – Item 1.2)
*1.2 Presentation of plaques to Theodore Lopez for 4 years service on the Airport Commission; to Brooks Mancini for 4 years service on the Airport Commission; to Chris Castrence for 2 years 7 months service on the Human Rights Commission; to Deborah LeFalle for 2 years 10 months service on the Arts Commission; to Suzanne Malone for 6 years service on the Arts Commission; to Corazon Tomalinas for 7 years 10 months service on the CDBG Steering Committee; to Roxanne Graham for 3 years 7 months service on the Child Care Commission; to Karyn West-Brown for 3 years 7 months service on the Child Care Commission; and to Alexandra Urbanowski for 4 years service on the Downtown Parking Board. (Mayor)
1.3 Presentation of a proclamation for National Night Out on August 7, 2001. (Mayor)
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:
2.2 Final adoption of ordinances.
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26440 – Reorganizes and clarifies the ethics provisions in Title 12 by renumbering Chapters 12.02 and 12.04 and consolidating the provisions of Chapter 12.16 relating to the Ethics Board’s enforcement authority with Ethics Board provisions in Chapter 12.04 and amending and reorganizing Chapter 12.06 by deleting obsolete informational provisions and provisions relating to exploratory campaigns and making other clarifying and technical changes to Chapter 12.06.
(b) ORD. NO. 26443 – Amends Part 1 of Chapter 17.72 and adding a new Part 1.5 to Chapter 17.72 to amend the definition of blighted property, to add minimum standards for maintaining landscaping for two-family and multiple-family dwellings, and to make other clarifying changes to the definition of blighted property.
(c) ORD. NO. 26444 – Amends Section 11.96.070 of Chapter 11.96 of Title 11 of the San José Municipal Code to prohibit commercial vehicles in excess of 5 tons on Cape Buffalo Drive, between Berryessa Road and Commodore Drive.
(d) ORD. NO. 26446 – Rezones certain real property situated on the west side of Old Oakland Road, approximately 400 feet southerly of Brokaw Road (1633 Oakland Road). C 01-04-050
(e) ORD. NO. 26447 – Amends Sections 15.16.830 and 15.16.840 of Chapter 15.16 of Title 15 of the San José Municipal Code to permit installment payment of sanitary sewer connection fees and sewage treatment plant connection fees where applicant has entered into an agreement with the City which satisfies the City that the applicant will make a substantial financial contribution to expansion of the Recycled Water System operated by the San José/Santa Clara Water Pollution Control Plant, and recycled water produce by the plant will be used on the property subject to the connection fees in a volume that exceeds the projected peak wastewater flow.
2.3 Approval of award of contract for the Central Service Yard Emergency Generator Project.
Recommendation: Report on bids and award of contract for the Central Service Yard Emergency Generator Project to the low bidder, Steiny and Co., Inc., in the amount of $270,620, and approval of a contingency in the amount of $30,000. CEQA: ND. (Public Works)
(Deferred from 6/5/01 – Item 2.14 and 6/26/01 – Item 2.3)
* RECOMMEND DEFERRAL TO 8/14/01
2.4 Approval of an agreement for the Evergreen Industrial Development.
Recommendation: Approval of an agreement with Yerba Buena, OPCO, LLC, Whitehall Street Real Estate Limited Partnership XIII, Whitehall Parallel Real Estate Limited Partnership XIII, DLJ Real Estate Capital Partners and Walton Evergreen Partners III, LLC for funding and investigation of the feasibility of providing public financing for the acquisition and construction of public infrastructure improvements required for the Evergreen Industrial Development. Council District 8. (Public Works)
(Deferred from 6/26/01 – item 2.45)
*DROP
2.5 Approval of property use agreements for placement of telecommunications equipment on City facilities and in the San José International Airport.
Recommendation: Adoption of a resolution approving rate schedules and standardized non-exclusive property use agreements for placement of telecommunications equipment on City and Airport Property and authorizing the City Manager to execute such use agreements in the future if they are submitted for signature without substantive amendment. CEQA: Exempt. (Public Works)
(Deferred from 6/26/01 – item 2.47)
* RECOMMEND DEFERRAL TO 8/21/01
2.6 Approval of an agreement with the Metropolitan Transportation Commission for the City’s share of the cost to prepare the 2001 Bay Area Air Passenger Survey for the San José, San Francisco, and Oakland International Airports.
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Metropolitan Transportation Commission for the City’s share of the cost to prepare the 2001 Bay Area Air Passenger Survey for the San José, San Francisco, and Oakland International Airports, in an amount not to exceed $102,650. (Airport)
2.7 Approval of a purchase order for the Five Year Metropolitan Medical Response System Continuation Planning.
Recommendation:
(a) Approval of a purchase order from the Department of Health and Human Services in the amount of $50,000, for the Five Year Metropolitan Medical Response System Continuation Planning for Sustainment, Assessment of Response Capabilities, and Demonstration of Operational Readiness, and extending the term from 34 months to 55 months.
(b) Adoption of an appropriation ordinance and revenue resolution amendments in the General Fund in the amount of $50,000, for the Metropolitan Medical Response System Continuation Planning Project.
(Emergency Services/City Manager’s Office)
2.8 Approval to amend the agreement for janitorial services at City facilities.
Recommendation: Adoption of a resolution authorizing the Director of General Services to execute an amendment to the agreement for janitorial services with Acme Building Maintenance for unanticipated services during peak periods, increasing compensation by $150,000, from $1,841,198 to $1,991,198. (General Services)
2.9 Approval to initiate proceedings for the reorganization of territory designated as Evergreen No. 185.
* Recommendation: Adoption of a resolution initiating proceedings and setting August 28, 2001 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Evergreen No. 185, which involves the annexation to the City of San José of 2.51 gross acres, located at the east side of Ruby Avenue, approximately 52 feet northerly of Murillo Avenue, and the detachment of the same from Central Fire Protection District and the Santa Clara County Library Services Area. CEQA: ND. Council District 8. (Planning, Building and Code Enforcement)
2.10 Approval to award a contract for the CDBG Delno Street Reconstruction Project.
Recommendation: Report on bids and award of contract for the CDBG Delno Street Reconstruction Project to the lowest responsive bidder, JJR Construction, Inc., in the amount of $283,475, and approval of a contingency in the amount of $28,000. CEQA: ND. Council District 3. (Public Works)
2.11 Approval of intention to vacate a portion of a public service easement on Fontanoso Avenue and Piercy Road and setting a public hearing.
Recommendation: Adoption of a resolution of intention to vacate portions of Fontanoso Avenue and Piercy Road immediately south of Silver Creek Valley Road; reserving a public service easement; and setting a public hearing on September 4, 2001 at 1:30 p.m. CEQA: Exempt. Council District 2. (Public Works)
2.12 Approval of an agreement to obtain encroachment permits and easements necessary to construct Calle de Cisco over the Union Pacific Railroad track.
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Union Pacific Railroad to provide the City with the encroachment permits and easements necessary to construct Calle de Cisco over the Union Pacific Railroad track, in an amount not to exceed $75,000. CEQA: Resolution No. 69957. Council District 2. (Public Works)
2.13 Approval of an agreement to acquire real property located at the southwest corner of the intersection of Moorpark Avenue and Winchester Boulevard.
Recommendation: Approval of an agreement with Richard V. Orlandi and Margaret Orlandi, trustees, for the acquisition of 0.05 acre of real property located at the southwest corner of the intersection of Moorpark Avenue and Winchester Boulevard in the amount of $200,000, and authorization for the Director of Public Works to execute the necessary documents to complete the transaction. CEQA: Resolution No. 68210. Council District 1. SNI: Winchester. (Public Works)
2.14 Approval of additional construction work for the Fire Station No. 30 Remodel and Seismic Upgrade Project.
Recommendation:
(a) Approval of Contract Change Order No. 8 for the Fire Station No. 30 Remodel and Seismic Upgrade Project with Eddie Torrez Construction, Inc., for additional construction work resulting from Fire Department requests and unforeseen conditions in the amount of $38,500, for a total contract amount of $1,154,851, and extending the term of the agreement from April 20, 2001 to August 14, 2001.
(b) Approval of an increase in the construction contingency in the amount of $38,500, increasing the contingency from $180,000 to $218,500.
CEQA: Exempt. Council District 3. (Public Works/Fire)
2.15 Approval of Council Member Forrest Williams’ travel to New York.
Recommendation: Approval of Council Member Forrest Williams’ travel to New York City, New York, on July 25-31, 2001, to attend Americans for the Arts and the National Assembly of State Arts Agencies First Joint Conference. Funding: Office of Cultural Affairs. (Williams)
*2.16 Approval of City Auditor Gerald Silva’s travel calendar through December 31, 2001.
Recommendation: Approval of City Auditor Gerald Silva’s travel calendar through December 31, 2001, at a cost to the City of $935. Funding: Auditor’s Non-Personal budget. (City Auditor)
(Rules In Lieu referral 8/1/01)
*2.17 Approval of amendment to legal services agreement to increase compensation.
*Recommendation:
(a) Adoption of a resolution authorizing the City Attorney to negotiate and execute a third amendment to the legal services agreement with McCutchen, Doyle, Brown & Enersen, LLP, related to the development of the North Coyote Valley Industrial Campus Area, increasing compensation by $250,000, to a total amount not to exceed $400,000. (City Attorney’s Office)
(b) Adoption of appropriation ordinance and funding sources resolution amendments for the legal services agreement with McCuthen, Doyle, Brown & Enersen, LLP. (City Manager’s Office)
(Rules In Lieu referral 8/1/01)
*2.18 Approval of replacement of trustee for existing Airport Revenue Bonds.
*Recommendation: Adoption of a resolution authorizing the removal of U.S. Bank Trust National Association as the trustee for existing Airport Revenue Bonds and appointing BNY Western Trust Company as the trustee for the existing Airport Revenue Bonds effective August 14, 2001, and to authorize other related actions. (City Attorney’s Office)
(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
Vice Mayor Shirakawa, Jr., Chair
3.3 Report of the Finance and Infrastructure Committee – June 27, 2001
Council Member Dando, Chair
(a) Consent Items
(1) May Monthly Report
(b) Audit of Building Division’s Cash Handling and Refund Process
(c) Sales and Business Tax Report for Quarter ended March 31, 2001
(d) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending December 31, 2000
(e) Audio Broadcasting of Council Committees over the Web
*SEE ITEM 3.8 FOR COUNCIL ACTION TO BE TAKEN.
(f) Monthly Financial Statement for May 2001
(g) Capital Cost Report for May 2001
(h) Cash Flow Projection
(i) Redevelopment Agency Debt Profile
(j) Oral petitions
(k) Adjournment
*3.4 Appointment of new member to the Federated City Employees Retirement System Board of Administration.
Recommendation: Appoint a retiree to the Federated City Employees Retirement System Board of Administration to a term which expires November 30, 2004. (City Clerk)
3.5 Approval of various fiscal actions for Redevelopment Agency Capital Projects.
Recommendation: Adoption of an appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Fourth Street and San Fernando Garage Public Art Project, Pala Youth Center Public Art Project, the Paseo Plaza Public Art Project, the Bart to San José Study Project, the Coleman/880 Interchange Improvement Project, and the Sherman St. Park Plaza Project with a net impact to the fund of $2,060,050. (City Manager’s Office)
3.6 Public hearing and adoption of a resolution approving the FY 2001-02 Annual Sanitary Sewer Service and Use and Storm Sewer Service Charge Reports.
Recommendation: PUBLIC HEARING and adoption of a resolution approving the FY 2001-02 Annual Sanitary Sewer Service and Use and Storm Sewer Service Charge Reports of the Director of Finance. (Finance)
*3.7 Approval to establish the FY 2001-2002 property tax levy for all taxable property for general obligation bonded indebtedness.
Recommendation: Adoption of a resolution establishing the FY 2001-2002 property tax levy for all taxable property for general obligation bonded indebtedness. (Finance)
(Rules In Lieu referral 8/1/01)
*3.8 Approval of audio broadcasting of Council Committees over the Web.
Recommendation: Approval of audio broadcasting of Council Committees over the Web. (Information Technology)
[Finance and Infrastructure Committee referral 6/27/01 – Item 3.3(e)]
* RECOMMEND DEFERRAL TO 8/14/01
4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee
Council Member Williams, Chair
4.2 Report on the ballot tabulation results for Maintenance Districts 4, 9, 11, 19, and 20.
Recommendation:
(a) Direction to the City Clerk to report the ballot tabulation results for:
(1) Maintenance District 4 (Gateway Place – Airport Parkway).
(2) Maintenance District 9 (Santa Teresa – Great Oaks).
(3) Maintenance District 11 (Brokaw Road from Junction Avenue to Old Oakland Road).
(4) Maintenance District 19 (River Oaks Area Landscaping).
(5) Maintenance District 20 (Renaissance - North First Landscaping).
(b) Adoption of resolutions approving the Fiscal Year 2001-2002 Engineer’s Reports, and approving the base assessment with an annual adjustment and imposing the assessments for:
(1) Maintenance District 9.
(2) Maintenance District 11.
(3) Maintenance District 19.
(4) Maintenance District 20.
(c) Direction to City staff to begin the process of forming a new district to replace Maintenance District 4.
Council Districts 2, 3, and 4. (Public Works)
(Continued from 6/26/01 – Items 4.3 and 4.4)
4.3 Approval of a sign remediation agreement to alter the heights of and to remove certain billboards.
Recommendation: Approval of a sign remediation agreement with Eller Media Company to:
(a) Alter the height of billboards on the property located at the north side of State Highway 237, approximately 150 feet westerly of Gold Street, to allow two (2) existing billboard panels to be increased in height from approximately 34 feet to a maximum of 50 feet in height on 0.7 gross acre. CEQA: Negative Declaration.
BB 01-06-001 – District 5
(b) Alter the height of a billboard on the property located at the north side of Las Plumas Avenue, approximately 100 feet northeasterly of US Highway 101, to allow an existing billboard panel to be increased in height from approximately 28 feet to a maximum of 50 feet in height on 2.87 gross acres. CEQA: Negative Declaration.
BB 01-06-002 – District 4
(c) Remove five billboards.
(Planning, Building, and Code Enforcement)
*RECOMMEND DEFERRAL TO 8/14/01
4.4 Approval, confirmation, and adoption of the FY 2001-2002 Annual Budget Reports for Maintenance Districts.
* Recommendation: Adoption of resolutions approving, confirming, and adopting the Annual Budget Reports for Fiscal Year 2001-02 for the following City of San José Maintenance Districts and levying the assessments therein:
(a) Maintenance District 1
(b) Maintenance District 2
(c) Maintenance District 5
(d) Maintenance District 8
(e) Maintenance District 13
(f) Maintenance District 15
(g) Maintenance District 18
Council Districts 2, 4, and 8. (Public Works)
*4.5 Approval of an agreement for the purchase of a parcel of land located at 870 Tully Road for the new Central Branch Library.
Recommendation: Approval of an agreement with Javier and Amelia Vega, for the purchase of a parcel of land located at 870 Tully Road in the amount of $795,000, and authorization for the Director of Public works to execute the necessary documents to complete the transaction. CEQA: Exempt. Council District 7. SNI: West Evergreen and Tully/Senter. (Public Works)
4.6 Approval to award a contract for the Hensley Historic District, W. San Carlos, and E. Santa Clara Pedestrian Streetlighting Improvement Project.
Recommendation: Report on bids and award of contract for the Hensley Historic District, W. San Carlos, and E. Santa Clara Pedestrian Streetlighting Improvement Project to the low bidder. CEQA: Exempt. Council Districts 3 and 6. SNI: 13th Street. (Public Works)
*RECOMMEND DEFERRAL TO 8/14/01
5 RECREATION & CULTURAL SERVICES
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – June 18, 2001
Council Member Chavez, Chair
(a) Youth Commission Monthly Reports
(1) Follow-up report on Domestic Violence
(b) Aging Services Master Plan Update
(c) San José BEST Recommendations/Evaluations
*SEE ITEM 5.4 FOR COUNCIL ACTION TO BE TAKEN
(d) Report on the implementation/timeline for Skate Park
(1) A preliminary report indicating acreage by type, cost by type, and timeline by type
(2) A graph on parks presently in operation, showing supervised/unsupervised, type, cost and hours of operation
(e) Request for direction and approval on proposed ordinance amending Chapter 17.72 of the San José Municipal Code as to the definition of blight, minimum property maintenance standards on two-family and multi-family property, commercial and industrial property landscape requirements, enforcement remedies and, request for direction and comments on landscape maintenance standards for single-family residential property.
HEARD BY COUNCIL ON 6/26/01
(f) Approval of the final draft Auto Body Ordinance
(g) Approval of final draft for "Blueprint for Bridging the Digital Divide"
(h) Oral petitions
(i) Adjournment
5.2 Acceptance of the 2001 Public Art Workplan Second Quarter Report.
Recommendation: Acceptance of the 2001 Public Art Workplan Second Quarter Report. (Conventions, Arts and Entertainment)
5.3 Approval, confirmation, and adoption of the FY 2001-2002 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 2001-2002 and levying the assessments. (Public Works)
*5.4 Approval of the San José BEST recommendations/evaluations.
Recommendation:
(a) Approval of the San José BEST (Bringing Everyone’s Strengths Together) Cycle XI Allocation Plan for 2001-2002.
(b) Approval of the 2001-2004 Mayor’s Gang Prevention Task Force Strategic Plan.
(c) Adoption of a resolution authorizing the City Manager to negotiate and execute grant agreements with the BEST Eligible Service Providers, consistent with the Cycle XI Allocation Plan, for a total amount not to exceed $3,660,700.
(Parks, Recreation and Neighborhood Services)
[Education, Neighborhoods, Youth and Seniors Committee referral 6/18/01 – Item 5.1(c)]
6 TRANSPORTATION SERVICES
6.1 Approval to increase parking rates at the San José McEnery Convention Center Parking Garage.
Recommendation: Adoption of a Parking Rate Resolution increasing parking rates at the San José McEnery Convention Center parking garage. Council District 3. (Transportation)
(Deferred from 6/26/01 – Item 6.7)
6.2 Public hearing and approval of the vacation of a portion of public service easements on Fleming Avenue.
Recommendation: PUBLIC HEARING and adoption of a resolution approving the vacation of a portion of the public service easement on Lots 1 and 5 of Tract No. 9257 on Fleming Avenue across Mahoney Avenue. CEQA: ND. (Public Works)
7 ENVIRONMENTAL & UTILITY SERVICES
7.1 Approval of an agreement for design services for two new South Bay Water Recycling reservoirs.
*Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Brown and Caldwell for Professional Engineering Services to provide design services for two new South Bay Water Recycling reservoirs to be located in the Evergreen and Silver Creek areas of San José and for construction management for the Silver Creek reservoir, in an amount not to exceed $3,100,000, including $250,000 for additional engineering support to accommodate project uncertainties, for the period September 1, 2001 to December 31, 2004. CEQA: ND. (Environmental Services)
*7.2 Approval of an agreement for the sale and delivery of landfill methane gas for the Water Pollution Control Plant.
*Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Gas Recovery Systems, Inc. for the sale and delivery of landfill methane gas at below market rates from Browning Ferris Industries Newby Island site to the San José/Santa Clara Water Pollution Control Plant. (Environmental Services)
*DROP
8 AVIATION SERVICES
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 PROPOSED DECISION
Tract No. 9296 Approve
Tract No. 9332 Approve
Tract No. 9343 Approve
Tract No. 9351 Approve
Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.
Adjournment