SAN JOSE CITY COUNCIL

 

AMENDED AGENDA

 

JANUARY 27, 2004

 

 

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

            9:00 a.m.  -   Closed Session, Room 600, City Hall

                                    See Separate Agenda

            1:30 p.m.  -   Regular Session, Council Chambers, City Hall

 Adjournment:  This meeting will be adjourned in memory of Rev. V. F. Shoemake, founder of the First United Pentecostal Church of San José.

·                   Invocation (District 1)

            Pastor Arthur Lum, Chinese Church in Christ

 

·                   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       Presentation of a proclamation January 27th as San José Firefighters Day in recognition of the San José Fire Departments 150th Anniversary.  (Dando)

 

 

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.

 

2.2              Final adoption of ordinances.

 

2.3              Approval of fiscal actions for the Guadalupe-Washington Alley Reconstruction Project.

 

            Recommendation:  Adoption of the following appropriation ordinance amendments in the Community Development Block Grant Fund to:

            (a)        Establish a transfer to the Redevelopment Agency for the Guadalupe-Washington Alley Reconstruction Project in the amount of $237,503.

            (b)        Decrease the Guadalupe-Washington Alley Reconstruction Project by $237,503.

            CEQA:  Not a Project.  (City Manager’s Office)

 

2.4              Approval of various fiscal actions for Redevelopment Agency Capital Projects.

 

            Recommendation:  

            (a)        Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Monterey Corridor Median Improvement Project, the Tree Planting Strong Neighborhoods Project, the East Valley/680 Communities Sidewalk Project and the Hellyer Piercy Improvement District Project, with a net impact to the fund of $3,295,000.

            (b)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Valley/680 Communities Sidewalk Project and the Tree Planting in Strong Neighborhoods Project.

            CEQA:  Not a Project.  Council Districts 1, 2, 5, 6, 7, and 8.  SNI:  K.O.N.A., Blackford, Winchester, Edenvale/Great oaks, and EV/680 Communities.  (City Manager’s Office)

 

2.5              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 #11, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

 

2.6              Approval to award the purchase of carpet at the Airport.

 

            Recommendation:  Report on request for quotation (RFQ) and award for the purchase and installation of Milliken modular carpet at various Terminal A locations, to B.T. Mancini Company, Inc. for a total cost of $157,402 including tax and installation, and authorization for the Director of General Services to:

            (a)        Execute the agreement; and

            (b)        Approve a 5% contingency for reserve material stock.

            CEQA:  Not a Project.  (General Services)

 

2.7              Approval of an agreement to extend an existing sublease for Animal Control Services.

 

            Recommendation:  Approval of a continuation agreement between the City of San José and Watchguard Technologies, Inc., extending the existing sublease of 6,500 sq. ft. of space located at 1821 Zanker Road on a month-to-month basis, for a rental rate of $6,000 per month, plus prorated utilities and janitorial costs.  CEQA:  Exempt, PP03-12-394.  (General Services)

 

2.8              Approval of an agreement to relocate the current Berryessa Community Garden.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Berryessa Union School District, to relocate the current Berryessa Community Garden from the Flickinger School Site to the Mabury School Site.  CEQA:  Exempt, PP03-12-391.  (General Services)

 

2.9              Approval of an agreement for the Police Department’s Records Management System.

 

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

            (a)        An agreement between the City of San José and Tiburon, Inc., for software maintenance and enhancements on the Police Department’s Records Management System, at a total first year cost of $239,712; and

            (b)        Annual options to renew the maintenance services and enhancements without further City Council approval other than the appropriation of funding.

            CEQA:  Not a Project.  (Information Technology)

 

2.10          Approval to submit a grant application to the Institute of Museum and Library Services. 

 

            Recommendation:  Adoption of a resolution authorizing the Library Department to submit a grant application to the Institute of Museum and Library Services, not to exceed $250,000, for a two-year staff training program to support the Innovative Library Services model, to accept the grant if awarded, and authorizing the City Manager to negotiate and execute any related documents.  CEQA:  Not a Project.  (Library)

 

2.11          Approval of a Deferred Annexation Agreement.

 

*          Recommendation:  Approval of a Deferred Annexation Agreement for Assessor’s Parcel Numbers 601-15-023 (5008 Alum Rock Avenue) and 601-15-024 (5020 Alum Rock Avenue), and direction to forward it to Santa Clara County Development Services staff for recordation.  CEQA:  Negative Declaration.  Council District 5.  (Planning, Building and Code Enforcement)

 

2.12          Approval of agreements for the Interstate 880/Coleman Avenue Interchange for Construction of Sanitary Sewer and Recycled Water Pipelines.

 

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute a cooperative agreement with the Santa Clara Valley Transportation Authority for the construction of a sanitary sewer line in conjunction with its construction plan for improvement of the I-880/Coleman Avenue Interchange, for a total cost to the City not to exceed $303,828.  CEQA:  Final VTA EIR certified on 5/22/02.  Council District 3.  (Public Works)

*          (b)        Adoption of a resolution authorizing the City Manager to execute the first amendment to the agreement between the City and the Santa Clara Valley Transportation Authority, upon concurrence of the Treatment Plant Advisory Committee, to increase the compensation payable by the City to a total amount not to exceed  $1,500,000, for design and construction of a recycled water pipeline at Coleman and I-880.

 

2.13          Approval to award contracts for Traffic Signal Modification Projects.

 

            Recommendation: 

            (a)        Report on bids and award of contract for the Traffic Signal Modification at Cottle Avenue and Curtner Avenue Project to the low bidder, Prism Engineering, Inc., in the amount of $186,240, and approval of a contingency in the amount of $18,600.  CEQA:  Exempt, PP02-07-197.  Council District 6.  (Public Works/Transportation)

            (b)        Report on bids and award of contract for the Traffic Signal Modification at Julian Street and Stockton Avenue Project to the low bidder, Prism Engineering, Inc., in the amount of $186,242, and approval of a contingency in the amount of $18,624.  CEQA:  Exempt, PP01-11-193.  Council Districts 3 and 6.  (Public Works/Transportation)

 

2.14          Approval of a Fiscal Year 2003-04 Mid-Year budget allocation for the HP Pavilion.

 

            Recommendation:  Approval of a Mid-Year budget allocation of $350,000 for the installation of a dehumidification system at the HP Pavilion.  (San José Arena Authority)
*RECOMMEND DEFERRAL TO 2/3/04

 

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – January 14, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review January 27, 2004 Draft Agenda

                        (2)        Add New Items to January 20, 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

                                    (a)        2003 Federal Legislative Report

            (d)        Meeting Schedules

                        (1)        Approve proposed dates for General Plan Hearings

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Report back on Labor Code requirements for payment of workers’ compensation benefits

            (h)        Oral communications

            (i)         Adjournment

 

3.3              Report of the Making Government Work Better Committee – January 14, 2004

            Council Member Campos, Chair
Summary

            (a)        Criteria for Fleet Management Division of the General Services Department’s Vehicle Replacement Program

            (b)        Overhead Reimbursements Memorandum

            (c)        Review of Accounts Receivable System Acquisition Memorandum

            (d)        General Services Metered Equipment Audit Report

            (e)        Oral petitions

            (f)         Adjournment

 

3.4       Approval to convene the Blue Ribbon Task Force.

 

*            Recommendation:  Approval to convene the Blue Ribbon Task Force to review matters related to the City's Ethics Ordinances and Lobbyist Ordinance.  (Mayor)

            (Rules Committee referral 1/21/04)

 

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              Follow-up discussion on various actions related to technology, furniture, and equipment for the New Civic Center.

 

*          Recommendation:  Adoption of a resolution of the City Council to proceed with non-construction operating start up plans for the New Civic Center (NCC) and delegating authority to the City Manager to enter into contracts for public works, the purchase of technology, furniture, equipment, and relocation services for the NCC in accordance with the provisions of the San José Municipal Code and the City’s procurement policies and procedures in an amount not to exceed $45,250,000 to facilitate the effective and efficient operation of the NCC.  CEQA:  New Civic Center Project:  Resolution No. 68905; New Civic Center Parking Garage:  Resolution No. 71743.  (City Manager’s Office/Public Works/Information Technology/Finance/General Services)

            RECOMMEND DEFERRAL TO 2/3/04
Attachment A
Attachment B
Attachment C

 

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 February 17, 2004 at 1:30 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)

            (Referred from 9/16/03 – Item 4.3)
RECOMMEND DEFERRAL TO 2/24/04

 

4.5              Approval of actions related to the Evergreen Area Development Policy.

 

            Recommendation:  Adoption of a resolution clarifying and reaffirming the Evergreen Area Development Policy and directing staff to discourage all rezoning and General Plan amendments in the Evergreen Area for residential uses that require additional residential unit allocations or density increases until the completion of the Evergreen Smart Growth Strategy scheduled for completion in June of 2005.  CEQA:  Resolution No. 63179, PP04-01-013.  Council District 8.  (Planning, Building and Code Enforcement)

            (Referred from 12/16/03 – Item 12.9)

 

4.6              Approval of various actions related to Getting Families Back to Work.

 

*          Recommendation: 

            (a)        Adoption of a resolution amending the Schedule of Fees and Charges to establish fees for the recently approved Historic Preservation Permit Amendment and Historic Preservation Permit Adjustment, and to amend the existing fee for Historic Property Contracts.  CEQA:  Exempt, PP03-11-362.  (Planning, Building and Code Enforcement)

            (b)        Adoption of a resolution initiating proceedings to amend Title 20 of the San José Municipal Code by adding a new Part 2 to Chapter 20.110 to authorize the Director of Planning, Building and Code Enforcement to cancel or partially cancel Williamson Act contracts relating to prime agricultural land under certain circumstances, setting a public hearing on February 17, 2004 at 1:30 p.m. on a proposed ordinance to so amend Title 20, and referring the proposed amendments to Title 20 to the Planning Commission for report or recommendation.  (Planning, Building and Code Enforcement)

            (c)        Adoption of a resolution initiating proceedings to amend Sections 20.100.130 and 20.100.140 of Chapter 20.100 of Title 20 of the San José Municipal Code to further clarify and streamline the concurrent processing of Planned Development Permits and Planned Development Zonings, setting a public hearing on February 17, 2004 at 1:30 p.m. on a proposed ordinance to so amend Title 20, and referring the proposed amendments to Title 20 to the Planning Commission for report or recommendation. (Planning, Building and Code Enforcement)

 

 

5     RECREATION & CULTURAL SERVICES


 

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

 

5.2              Approval of actions related to local assistance grant funds.

 

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate, execute and submit an application and all necessary documents for local assistance grant funds up to $4,051,154 from the Roberti-Z’Berg-Harris Urban Open Space and Recreation Grant Program under the 2002 Resources Bond Act (Proposition 40) as administered by the State of California - The Resources Agency, Department of Parks and Recreation.  CEQA:  Not a Project.  Council Districts 3, 4, 6, 7, 9, and Citywide.  SNI: Five Wounds/Brookwood Terrace, University, Thirteenth Street, Greater Gardner, Washington/Guadalupe, Burbank/Del Monte, Spartan/Keyes, Tully/Senter.  (Parks, Recreation and Neighborhood Services)

            (b)        Adoption of a resolution authorizing the City Manager to negotiate, execute, and submit all necessary documents for local assistance funds up to $4,037,000 from the Per Capita Grant Program under the 2002 Resources Bond Act as administered by the State of California - The Resources Agency, Department of Parks and Recreation.  CEQA:  Not a Project.  Council Districts 1, 2, 3, 5, 7, 8, and 10.  SN:  Five Wounds/Brookwood Terrace, Mayfair, Tully/Senter.  (Parks, Recreation and Neighborhood Services)

 

5.3              Approval to award a contract for the Sixth and Bestor Park Development Project.

 

            Recommendation:  Report on bids and award of contract for the Sixth and Bestor Park Development Project to the low bidder, Robert A. Bothman, Inc., for the base bid and Add Alternate Nos. 1, 2, and 3 in the amount of $607,333, and approval of a contingency in the amount of $90,000.  CEQA:  Addendum to the Negative Declaration, PP02-10-300.  Council District 3.  SNI:  Spartan/Keyes.  (Public Works/Parks, Recreation and Neighborhood Services)

 

5.4       Status of the Animal Care Center Project.

 

            Recommendation: 

            (a)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the General Fund, as follows:  

                        (1)        Increase the Animal Shelter Facility appropriation by $524,000.

                        (2)        Decrease the Boynton Avenue Sidewalk Installation appropriation by $137,000.

                        (3)        Decrease the Security Improvements appropriation by $230,000.

                        (4)        Decrease the Fire Apparatus Bond Payments appropriation by $25,000.

                        (5)        Decrease the Ice Centre Expansion appropriation by $32,000.

                        (6)        Increase the Estimate for Revenue from Local Agencies by $100,000.

            (b)        Increase the contingency amount for the Animal Care Center Project by $524,000.

            CEQA:  Negative Declaration, H01-01-003.  (Public Works/Parks, Recreation and Neighborhood Services/City Manager's Office)

            [Deferred from 1/13/04 – Item 2.3(b) and 1/20/04 – Item 5.2]

 

 

6     TRANSPORTATION SERVICES


 

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

 

6.2              Approval to award a contract for the 3rd Street Garage Seismic Upgrade Project.

 

            Recommendation:  Report on bids and take appropriate action based on the evaluation of bids for the 3rd Street Garage Seismic Upgrade Project, and approval of a ten percent contingency.  CEQA:  Negative Declaration, PP03-10-329.  Council District 3.  (Public Works/Transportation). RECOMMEND DEFERRAL TO 2/3/04

 

 

7     ENVIRONMENTAL & UTILITY SERVICES


 

 

8     AVIATION SERVICES


 

8.1              Approval of actions related to the construction of a new Central Terminal facility at the Airport.

 

            Recommendation:  Adoption of a resolution finding that the Airport traffic and transit improvement conditions set forth in Part 4 of Chapter 25 of the San José Municipal Code have been met and that the City may therefore commence construction of a new Central Terminal facility and expand the number of air carrier gates at the Airport beyond the existing 31 gates, as provided in the Airport Master Plan.  CEQA:  Resolution Nos. 67380 and 71451, PP04-01-002.  (Airport/Transportation)

 

8.2              Approval of actions for the Airport’s North Concourse Building Projects.

 

            Recommendation: 

            (a)        Report on bids and award of contract for the Norman Y. Mineta San José International Airport North Concourse Building - Communication Cables Relocation (Package 0C) Project to low bidder, Volt Telecom Group, in the amount of $440,619, and approval of a contingency in the amount of $44,062.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-12-388.  (Public Works/Airport)

                        [Deferred from 1/13/04 – Item 8.1(a)]

            (b)        Report on bids and award of contract for the Norman Y. Mineta San José International Airport North Concourse Building, Gate A1-C Relocation (Package 0B) Project to the low bidder, Apex Construction, in the amount of $729,289, and approval of a contingency in the amount of $110,000.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-12-393.  (Public Works/Airport)

                        [Deferred from 1/13/04 – Item 8.1(b)]

 

 

9     PUBLIC SAFETY SERVICES


 

9.1              Approval to award a purchase of breathing air support apparatus for the Fire Department.

 

*          Recommendation:  Report on bids and award the purchase of two breathing air support apparatus to the lowest responsive bidder Golden State Fire Apparatus, at a total cost of $580,889.50 including tax, and authorization for the Director of General Services to:

            (a)        Execute the purchase order for the purchase of two air support apparatus(oxygen tank vehicles); and

            (b)        Execute change orders in an amount to exceed a contingency of 5% for unforeseen engineering requirements that may arise. 

            CEQA:  Not a Project.  (General Services)

 

 

10     JOINT COUNCIL/REDEVELOPMENT AGENCY


  

10.1     Approval of a Public Records Act policy.

 

*          Recommendation: 

            (a)        Adoption of a resolution by the City Council approving a City Council policy related to Public Record Act requests.

            (b)        Adoption of a resolution by the Redevelopment Agency Board approving a policy related to Public Record Act requests.

            (City Attorney’s Office)

            (Rules Committee referral 1/14/04)

 

 

·                   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

9534

East side of Flickinger approximately 600’ southerly of Hostetter

4

Pulte Homes Corp

88 lots/84 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:

 

Tract

Location

Council District

Developer

Lots/Units

Type

9550

S/s of Trade Zone Blvd. opposite Autumnvale Ave.

4

DKB Homes LLC

18 units

SFD

 

 

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

 

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

 

·                   Adjournment - This meeting is adjourned in memory of Rev. V. F. Shoemake, founder of the First United Pentecostal Church of San José.

 

 

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