CSJ Council Agenda Meeting Minutes, June 18, 2002

MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, JUNE 18, 2002

The Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

Absent: Council Members - None.

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) Ko v. City of San José, et al.; (2) Day v. City of San José, et al; and (3) Ruffo, et al. v. City of San José, et al; and to confer with Labor Negotiator Pursuant to Government Code 54957.6: (1) City Negotiator: City Manager designee Alex Gurza; Employee Organization: International Association of Firefighter.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:50 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

Present: Council Members - Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

Absent: Council Members - None.

Invocation

The Reverend Art Mills, Willow Glen Stone Church, delivered the invocation. (District 6)

Pledge of Allegiance

Mayor Gonzales led in the Pledge of Allegiance.

Orders of the Day

Upon motion by Council Member Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, the Orders of the Day were approved, with Item 4.1 deferred to June 25, 2002. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

CONSENT CALENDAR

Upon motion by Chavez, seconded by Council Member LeZotte, and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.1 Approval of City Council Minutes for:

(a) Regular meeting of December 18, 2001

(b) Joint Council/Redevelopment Agency Board meeting of December 18, 2001

Documents filed: Minutes of the regular City Council and Joint Council/Redevelopment Agency Board meetings of December 18, 2001.

Discussion/Action: The December 18, 2001 minutes were approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.2 Final adoption of ordinances:

(a) ORD. NO. 26649 – Amending Chapter 17.23 of Title 17 of the San José Municipal Code by creating a new Section 17.23.030 to require landlords to provide the City with copies of certain notices to quit; amending Section 17.23.440 and creating a new Section 17.23.451 to prohibit landlords from passing through to tenants in rent increases the costs of certain equity refinances except in cases of hardship to landlord; amending Section 17.23.505 to increase the applicable penalties under this ordinance to the greater of $2500 per day per occurrence or $10,000; creating a new Section 17.23.550 to create a civil cause of action for tenants who have been evicted in violation of this ordinance; and creating Section 17.23.560 to require owners of rent controlled properties to disclose to a potential buyer that such properties are covered by this Chapter.

Documents filed: Proof of publication of title of Ordinance No. 26649, executed June 11, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26649 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

(b) ORD. NO. 26650 – Prezoning certain real property situated on the west side of Page Street, approximately 260 feet north of Chiechi Avenue. PDC 01-03-039

Documents filed: Proof of publication of title of Ordinance No. 26650, executed June 11, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26650 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

(c) ORD. NO. 26651 - Rezoning certain real property situated on the northerly terminus of Great Oaks Boulevard, westerly of Monterey Highway and northerly of State Route 85. PDCSH 01-09-093

Documents filed: Proof of publication of title of Ordinance No. 26651 executed June 11, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26651 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

(d) ORD. NO. 26652 - Rezoning certain real property situated on the northwest corner of Rainier Street and Luther Avenue. C 02-001

Documents filed: Proof of publication of title of Ordinance No. 26652, executed June 11, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26652 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

(e) ORD. NO. 26653 - Rezoning certain real property situated on the south side of Park Avenue, 500 feet easterly of Race Street. C 02-012

Documents filed: Proof of publication of title of Ordinance No. 26653, executed June 11, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26653 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

(f) ORD. NO. 26654 - Rezoning certain real property situated on the southeast corner of Meridian Avenue and Auzerais Avenue. PDC 02-030

Documents filed: Proof of publication of title of Ordinance No. 26654, executed June 11, 2002, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26654 was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.3 (a) Approval of master agreements for appraisal services with Carneghi-Bautovich & Partners, Inc., Diaz, Diaz and Boyd, Inc., Hulberg and Associates, Inc., The Reitman Group, Smith & Associates, Inc. and Jonathon R. Strong; each agreement in an amount not to exceed $250,000.

(b) Approval of master agreements for appraisal review services with Thomas W. Ryland and Henry Spoto, Jr.; each agreement in an amount not to exceed $250,000.

(c) Authorization to the Director of Public Works to assign specific appraisal and appraisal review projects to the above-mentioned appraisers up to the amount specified in each individual master agreement.

CEQA: Exempt, PP02-06-152.

(Public Works)

(Deferred from 5/28/02 – Item 2.16)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending approval of said agreements with Carneghi-Bautovich & Partners, Inc., Diaz, Diaz and Boyd, Inc., Hulberg and Associates, Inc., The Reitman Group, Smith & Associates, Inc. and Jonathon R. Strong; and with Thomas W. Ryland and Henry Spoto, Jr.; and approve said authorization for the Director of Public Works to assign specific projects up to amounts specified in each individual master agreement.

Discussion/Action: The master agreements for appraisal services with Carneghi-Bautovich & Partners, Inc., Diaz, Diaz and Boyd, Inc., Hulberg and Associates, Inc., The Reitman Group, Smith & Associates, Inc. and Jonathon R. Strong; and master agreements for appraisal review services with Thomas W. Ryland and Henry Spoto, Jr.; each agreement in an amount not to exceed $250,000, were approved, and the Director of Public Works was authorized to assign specific appraisal and appraisal review projects to the above-mentioned appraisers up to the amount specified in each individual master agreement. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.4 (a) Exercise the first option to extend the term of the agreement for consultant services between the City of San José and Landrum & Brown, Inc. for one year at no additional compensation.

(b) Adoption of a resolution authorizing the City Manager to exercise the remaining two one-year options to extend the agreement, at no additional compensation.

CEQA: Resolution No. 67380. (Airport)

Documents filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated May 28, 2002, recommending approval to exercise said first option City of San José and Landrum & Brown, Inc., at no additional compensation, and authorization for the City Manager to exercise the remaining two one-year options to extend the agreement, at no additional compensation.

Discussion/Action: The exercise of the first option to extend the term of the agreement for consultant services between the City of San José and Landrum & Brown, Inc. for one year at no additional compensation, was approved, and Resolution No. 71046, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute the Remaining Two One-Year Options Extending the Term of the Agreement with Landrum & Brown, Inc. at No Additional Compensation”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr., was adopted.

2.5 Approval of a first amendment to the commercial air cargo operating agreement with United Parcel Service, Inc. extending the term of the agreement from August 1, 2002 through July 31, 2007, with an estimated annual revenue to the City of $342,055. CEQA: Resolution No. 67380. (Airport)

Documents filed: None.

Discussion/Action: This item was deferred to June 25, 2002.

2.6 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute a third amendment to the agreement with Charles M. Salter Associates for consultant services needed to redesign and provide Acoustical Treatment Program construction administration for eligible homes in the Ryland-Vendome and Rosemary Gardens area of San José, increasing the compensation by $392,746, from $1,886,000 to $2,278,746, and extending the term of the agreement from December 31, 2002 to December 30, 2004. Council District 3.

(b) Adoption of a resolution authorizing the City Manager to negotiate and execute a second amendment to the agreement with Corlett, Skaer and DeVoto Architects Inc. for consultant services related to the expanded Acoustical Treatment Program in the Guadalupe/Washington area, increasing the compensation by $1,161,225, from $2,383,500 to $3,544,725, and extending the term of the agreement from June 30, 2002 to December 30, 2004. Council District 3. SNI: Guadalupe/Washington.

CEQA: Resolution No. 67380. (Airport)

Documents filed: Memoranda from Aviation Director Ralph G. Tonseth, both dated May 28, 2002, recommending adoption of said resolutions.

Discussion/Action: Resolution No. 71047, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Third Amendment to the Agreement with Charles M. Salter Associates, Inc., for the Acoustical Treatment Program in Category II/III Eligibility Areas”; and Resolution No. 71048, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Second Amendment to the Agreement with Corlett, Skaer and Devoto Architects, Inc., for the Acoustical Treatment Program”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.7 Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Monterey/South First Street Tree Planting Project and the Story Road Median Island Improvement in the amount of $1,825,000. CEQA: Not a project. Council Districts 3 and 7. (City Manager’s Office)

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated May 28, 2002, recommending approval of said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: Ordinance No. 26664, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund) in a Total Amount of $1,825,000 for the Monterey/South First Street Tree Planting Project and the Story Road Improvement Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 71049, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund)”, were adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.8 Acceptance of the Public Art Workplan for the Library (Measure O, 2000) and Parks (Measure P, 2000) Bond Projects. CEQA: Not a project. (Conventions, Arts and Entertainment)

Documents filed: Memorandum from Director of the Department of Conventions, Arts and Entertainment, Nancy Johnson, dated May 28, 2002, recommending acceptance of the Public Art Workplan for the Library (Measure O, 2000) and Parks (Measure P, 2000) Bond Projects.

Discussion/Action: Council Member Chavez stated she believes the Workplan provides an opportunity to focus on regional and local artists, and requested a comparison of Measure O&P projects to the four goals prior to moving forward with them. She requested that when a project comes to Council there be an indication if a local or regional artist was selected, and stated that this would be an important mechanism for determining if the process worked. She requested information on the Workshop outreach program and how large the pool is for local artists. Council Member Dando requested that community meetings regarding public art be held prior to artist selection. Council Member LeZotte, referring to page 5, Neighborhood Parks Projects, requested that the participants be expanded to include “Council Offices.” The Public Art Workplan for the Library (Measure O, 2000) and Parks (Measure P, 2000) Bond Projects was accepted with the following directives to Staff: (1) Using the four goals in the Workplan that seek to develop artworks, provide Council with additional information on the results of the artist approval process related to the design and fabrication contracts. (2) On pages 6 and 7 of the Public Art Workplan For Measure O&P Projects chart, include a category to identify the socio-demographics of the artists as either Local or Regional. (3) Identify “benchmarks” for success related to the “integrating into diverse communities” process, as specified in the Workplan, Item #2. (4) Provide Council with a report incorporating the summer Workshop schedule, identifying outreach efforts, and containing the number of attendees for each session. (5) Conduct community meetings prior to the selection of artists for artworks projects. (6) On page 5 of the Public Art Workplan For Measure O&P Projects chart and the Neighborhood Park Projects category, expand the participants to include “PRNS and other City Staff and Council Offices” to identify appropriate parkland sites. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.9 (a) Adoption of appropriation ordinance and funding source resolution amendments in the Convention and Cultural Affairs Fund:

(1) Increasing the Office of Cultural Affairs Non-Personal appropriation by $35,737;

(2) Increasing the Earned Revenue by $35,737; and

(b) Adoption of a resolution accepting SharkByte Art auction proceeds in the amount of $35,737.

CEQA: Not a project.

(Conventions, Arts and Entertainment/City Manager’s Office)

Documents filed: Memorandum from Director of Conventions, Arts and Entertainment Nancy Johnson and Budget Director Larry D. Lisenbee, dated May 28, 2002, recommending approval of said appropriation ordinance and related revenue resolution amendments, and adoption of a resolution accepting SharkByte Art auction proceeds in the amount of $35,737.

Discussion/Action: Ordinance No. 26665, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Conventions and Cultural Affairs Fund in the Amount of $35,737 for Public Art Purposes; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 71050, entitled, “A Resolution of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the Conventions and Cultural Affairs Fund”; and Resolution No. 71051, entitled: “A Resolution of the Council of the City of San José Accepting Sharkbyte Art Auction Proceeds in the Amount of $35,737 from the San José Downtown Association”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr

2.10 Approval of an ordinance amending Sections 3.48.030, 3.48.040 and 3.35.030 of the San José Municipal Code to implement technical corrections to the City's deferred compensation plans, in conformance with federal Job Creation and Worker Assistance Act of 2002. CEQA: Exempt, PP02-06-154. (Deferred Compensation Advisory Committee)

Documents filed: Memorandum from Secretary to the Deferred Compensation Advisory Committee Karen Thompson, dated May 21, 2002, recommending approval of said ordinance.

Discussion/Action: Ordinance No. 26666, entitled: “An Ordinance of the City of San José Amending Sections 3.48.030 and 3.48.040 of Chapter 3.48 and Section 3.50.030 of Chapter 3.50 of Title 3 of the San José Municipal Code to Amend the City of San José Deferred Compensation Plan and the PTC 457 Plan to Conform to the Technical Corrections to the Internal Revenue Code Adopted by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.11 Approval of an amendment to the agreement with Tetra Tech, Inc. for technical studies and analyses related to Total Maximum Daily Loads (TMDLs) for South San Francisco Bay, to extend the term of the agreement from June 30, 2002 to June 30, 2004, and to modify the scope of services to obtain consultant service in support of discharge permit development, special studies, and implementation planning for discharge permit requirements, at no additional cost to the City. CEQA: Not a project. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 28, 2002, recommending approval of an amendment to said agreement with Tetra Tech, Inc. (2) Memorandum from Director of Environmental Services, Carl W. Mosher, dated June 7, 2002, revising the Staff report to recommend approval of a first amendment to said agreement. (3) Letter from the Treatment Plant Advisory Committee dated June 13, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: The first amendment to said agreement with Tetra Tech, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.12 Report on bids and award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 2000/2001 Capital Improvement Program: Filter Influent Pump Station Variable Frequency Drive No. 5 Replacement Project” to the low bidder, Tri-Mode Incorporated, in the amount of $159,926, and approval of a budget contingency in the amount of $32,000. CEQA: Exempt, PP02-04-077. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 28, 2002, recommending approval of award of said contract to the low bidder, Tri-Mode Incorporated. (2) Letter from the Treatment Plant Advisory Committee dated June 13, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: Mayor Gonzales requested future reports include an explanation when the contingency amount exceeds five percent. The award of said contract, with related contingency, to the low bidder, Tri-Mode Incorporated, was approved, and Staff directed to include in future reports on bids and recommendation for contract awards an explanation for the contingency amount when it exceeds five percent (5%). Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.13 Rejection of all bids for the construction project entitled "San José/Santa Clara Water Pollution Control Plant, FY 2002/2003 Capital Improvement Program, East Primary Tanks Effluent Channel Repair," and approval for the project to be re-bid at a future date. CEQA: Exempt, PP01-03-052. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 28, 2002, recommending approval to reject all bids for said project, and approval for the project to be re-bid at a future date. (2) Letter from the Treatment Plant Advisory Committee dated June 13, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: The rejection of all bids for said project and authorization for the project to be re-bid at a future date were approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.14 Approval of the third amendment to the consultant agreement with GLS Research to extend the term of service from June 30, 2002 to June 30, 2003, expand the scope of service to include conducting a telephone survey on residential garbage and recycling services, and increase compensation by $35,000, for a total agreement amount not to exceed $138,825. CEQA: Not a project. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 28, 2002, recommending approval of the third amendment to said agreement with GLS Research.

Discussion/Action: The third amendment to said agreement with GLS Research was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.15 Approval of an ordinance amending Section 4.78.020 of Chapter 4.78 of Title 4 of the San José Municipal Code revising the definition of cover material for the purpose of the Disposal Facility Tax (DFT). CEQA: Exempt, PP02-06-155. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 28, 2002, recommending approval of said ordinance.

Discussion/Action: Ordinance No. 26667, entitled: “An Ordinance of the City of San José Amending Section 4.78.020 of Chapter 4.78 of Title 4 of the San José Municipal Code to Revise the Definition of “Cover Material” for Purposes of the Disposal Facility Tax”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr

2.16 Report on bids and award of contract for the construction project entitled “San José /Santa Clara Water Pollution Control Plant (Plant), FY 2000-2001 Capital Improvement Program, Digester-Gas Holder Rehabilitation Project” to the low bidder, Anderson Pacific Engineering Construction, Inc., in the amount of $537,000; and approval of a budget contingency in the amount of $80,000. CEQA: Exempt, PP01-03-052. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 28, 2002, recommending award of said contract, with related contingency, to the low bidder, Anderson Pacific Engineering Construction, Inc. (2) Letter from the Treatment Plant Advisory Committee dated June 13, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, Anderson Pacific Engineering Construction, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.17 Report on bids and award of contract to the low bidder, R.W. French Construction, Inc., in the amount of $807,916.50 for Scheduled/Emergency Repairs and Installation of Potable and Non-Potable Water Services and Mains. CEQA: Exempt, PP85-8-183 and PP 91-07-173. (Environmental Services)

Documents filed: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated May 28, 2002, recommending award of said contract to the low bidder, R.W. French Construction, Inc. (2) Letter from the Treatment Plant Advisory Committee dated June 13, 2002, stating concurrence with the Staff recommendation.

Discussion/Action: The award of said contract to the low bidder, R.W. French Construction, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.18 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #38, and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a project. (General Services)

Documents filed: Memorandum from Jose Obregon, Director of General Services, dated May 28, 2002, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List #38 was approved and the Director of General Services was authorized to execute to the purchase orders. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.19 Adoption of a resolution authorizing the Director of General Services to execute all necessary documents to extend the current lease for 14 Toyota RAV4 electric vehicles from Toyota Motor Sales, USA, Inc., for a total of $54,558 including taxes, for one additional year. CEQA: Not a project. (General Services)

Documents filed: Memorandum from Director of General Services, Jose Obregon, dated May 28, 2002, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71052, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute Any Documents Necessary to Extend the Term of the Lease Agreement for Electric Vehicles with Toyota Motor Sales, USA, Inc.”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.20 Adoption of a resolution to:

(a) Amend the City of San José Pay Plan to provide general increases for Executive Staff employees in the amounts of 3% effective June 23, 2002, and 3% effective June 22, 2003.

(b) Authorize Appointing Authorities to grant no general increase to any Executive Staff employee who receives an overall performance evaluation rating that is below "Satisfactory."

CEQA: Not a project.

(Human Resources)

Documents filed: Memorandum from Acting Director of Human Resources, Kay Winer, dated May 28, 2002, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71053, entitled: “A Resolution of the Council of the City of San José Amending the City of San José Pay Plan to provide General Increases for Executive Staff Employees in the Amount of 3% Effective June 23, 2002 and 3% Effective June 22, 2003 and Authorizing Appointing Authorities to Grant No General Increase in any Executive Staff Employee who Receives an Overall performance Evaluation Below ‘Satisfactory’”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.21 Approval of a first amendment to the agreement with ROMA Design Group for expanded urban design services and technical services for the preparation of the East Gardner Specific Plan, and additional compensation of $70,000, for a total agreement amount not to exceed $152,500. CEQA: Exempt. PP02-06-156. Council District 3. SNI: Spartan Keyes. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Director of the Department of Planning, Building and Code Enforcement, Stephen M. Haase, dated May 29, 2002, recommending approval of first amendment to said agreement with ROMA Design Group.

Discussion/Action: The first amendment to said agreement with ROMA Design Group was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.22 Adoption of a resolution authorizing the reorganization of territory designated as Sunol No. 64, which involves the annexation to the City of San José of 0.3 acre of land, located on the west side of Page Street, approximately 260 feet north of Chiechi Avenue and generally bounded by the City of San José Annexation #237 – Sunol No. 6-A and the unincorporated site subject to failed annexation – Buena Vista No. 1, and the detachment of the same from the appropriate special districts including: Sunol Sanitary, Co., County Lighting Service, Central Fire Protection, and the County Library Service Area. CEQA: Exempt, PP# Sunol No. 64. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required. Council District 6. SNI: Burbank. (Planning, Building and Code Enforcement)

Documents filed: Memorandum from Stephen M. Haase, Director of Planning, Building and Code Enforcement, dated May 28, 2002, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71054, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Sunol No. 64 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.23 Adoption of a resolution determining that public use and necessity require the acquisition of property, located at 1495 Stone Creek Drive, owned by David W. Mattos and John R. Mattos II, ~~located at 1495 Stone Creek Drive~~ together with a temporary 12-month construction easement on a portion of the Mattos’ adjoining property in the amount of $785,527, and directing the City Attorney to file an eminent domain action to acquire these interests. CEQA: Negative Declaration, PP 87-05-128. Council District 4. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending adoption of said resolution.

Discussion/Action: Rogelco Ruiz, Esq., Attorney for the property owner, addressed Council and requested a deferral of Eminent Domain action for 90 days to allow additional time to negotiate with the Department of Real Estate. Council Member Reed recommended a delay of 30-60 days, and reminded Staff to implement traffic calming as part of this project. Resolution No. 71055, entitled: “Resolution of Necessity of the Council of the City of San José Making Certain Findings and Determinations Relating to the Exercise of the Power of Eminent Domain Pursuant to Article 2, Chapter 4, Title 7 of Part 3 of the California Code of Civil Procedure for the Following Project: Hostetter Road Extension Project; Authorizing and Empowering the City Attorney to Bring an Action in Eminent Domain to Acquire Certain Real Property for Said Project and to Apply for an Order of Possession Before Judgment and to Prosecute said Action to Final Judgment; and Authorizing and Empowering the Deposit of Money in the State Treasury Condemnation Fund for Possession of Said Real Property from the Funds Lawfully Available Therefore”, was adopted and the City Attorney was directed to delay filing of eminent domain actions for 30-60 days and continue negotiations with property owners to achieve acceptable purchase price. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.24 Approval of an agreement with Paul Villarreal and Roberta L. Villarreal for the purchase of a parcel of land on the south side of Hillsdale Avenue, between Narvaez Avenue and Canoas Creek, in the amount of $62,600. CEQA: Exempt, PP00-08-119. Council District 7. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending approval of said agreement with Paul Villarreal and Roberta L. Villarreal.

Discussion/Action: The agreement with Paul Villarreal and Roberta L. Villarreal for the purchase of a parcel of land was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.25 Adoption of a resolution approving, confirming, and adopting the City of San José Library Benefit Assessment District Annual Report for Fiscal Year 2002-2003 and levying the assessments. CEQA: Not a project. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71056, entitled: “A Resolution of the Council of the City of San José Approving, Confirming and Adopting the City of San José Library Benefit Assessment District Annual Report for Fiscal Year 2002-03 and Levying the Assessments”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.26 Adoption of resolutions approving, confirming, and adopting the Annual Budget Reports for Fiscal Year 2002-03 for City of San José Maintenance Districts 1, 2, 5, 8, 9, 11, 13, 15, 18, 19, and 20 and levying the assessments therein. CEQA: Not a project. Council Districts 2, 4, and 8. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending adoption of said resolutions.

Discussion/Action: Resolution No. 71057, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 1 (Los Paseso) for Fiscal Year 2002-2003 and Levying Assessments’; Resolution No. 71058, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 2 (Trade Zone Boulevard – Lundy Avenue) for Fiscal Year 2002-2003 and Levying Assessments”; Resolution No. 71059, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 5 (Orchard Parkway – Plumeria Drive) for Fiscal Year 2002-2003 and Levying Assessments”; Resolution No. 71060, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 8 (Zanker – Montague) for Fiscal Year 2002-2003 and Levying Assessments”; Resolution No. 71061, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 9 (Santa Teresa – Great Oaks) for Fiscal Year 2002-2003 and Levying Assessments”; Resolution No. 71062, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 11 (Brokaw Road from Junction Avenue to Old Oakland Road) for Fiscal Year 2002-2003 and Levying Assessments”; Resolution No. 71063, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 13 (Karina – O’Nel) for Fiscal Year 2002-2003 and Levying Assessments”; Resolution No. 71064, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 15 (Silver Creek Valley) for Fiscal Year 2002-2003 and Levying Assessments”; Resolution No. 71065, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 18 (The Meadowlands) for Fiscal Year 2002-2003 and Levying Assessments”; Resolution No. 71066, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 19 (River Oaks Area Landscaping) for Fiscal Year 2002-2003 and Levying Assessments”; and Resolution No. 71067, entitled: “A Resolution of the Council of the City of San José Approving the Annual Budget Report for Maintenance District 20 (Renaissance – North First Landscaping) for Fiscal Year 2002-2003 and Levying Assessments”, were adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.27 Approval of an agreement with San José Water Company for relocation of existing water facilities for the Norman Y. Mineta San José International Airport - Skyport Drive Grade Separation Project, from the date of execution to January 31, 2003, for a total amount not to exceed $368,840.00. CEQA: Resolution No. 67380, PP 02-05-118. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending approval of said agreement with San José Water Company.

Discussion/Action: The agreement with San José Water Company was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.28 Report on bids and award of contract for the Boggini Park Restroom and Tot Lot Development Project to low bidder, Beacon Construction, Inc., in the amount of $311,281, and approval of a contingency in the amount of $16,000. CEQA: Exempt, PP02-02-014. Council District 8. (Public Works)

Documents filed: Memoranda from Director of Public Works, Katy Allen, dated May 28 and June 13, 2002, recommending award of said contract, with related contingency, to low bidder, Beacon Construction, Inc.

Discussion/Action: The award of said contract, with related contingency, to low bidder, Beacon Construction, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.29 (a) Report on bids and award of contract for the Doerr Park Restroom Replacement Project to the low bidder, Jagco Pacific, in the amount of $203,100, and approval of a contingency in the amount of $11,000.

(b) Adoption of amendments to the 2001-02 appropriation ordinance to establish an appropriation for Doerr Park in the amount of $147,000, in the District 9 Construction and Conveyance Tax Fund, and reduce the District 9 Construction and Conveyance Tax Fund ending fund balance by $147,000.

CEQA: Exempt, PP01-12-215. Council District 9.

(Public Works/City Manager’s Office)

Documents filed: (1) Memorandum Director of Public Works, Katy Allen, dated May 28, 2002, recommending award of said contract to the low bidder. (2) Memorandum from Director of Public Works, Katy Allen, and from Budget Director Larry D. Lisenbee, dated June 13, 2002, recommending award of said contract, with related contingency, to the low bidder, Jagco Pacific, and recommending approval of said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, Jagco Pacific, was approved and its execution authorized, and Ordinance No. 26668, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the District 9 Construction and Conveyance Tax Fund in the Amount of $147,000 for the Doerr Park Restroom Replacement Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.30 Approval of an agreement for consultant services with Callander Associates Landscape Architecture, Inc. for the Guadalupe River South Reach 12 Phase 1 construction documents, from the date of execution to July 31, 2004, in the amount of $130,000, and additional services in the amount of $20,000, for a total agreement amount of $150,000. CEQA: Exempt, PP02-04-090, PP02-04-089. Council District 10. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated
May 28, 2002, recommending approval of said agreement with Callander Associates Landscape Architecture, Inc.

Discussion/Action: The agreement with Callander Associates Landscape Architecture, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.31 Report on bids and award of contract for the Calabazas Park Restroom Project to the lowest responsive bidder, Beacon Construction, Inc., in an amount of $218,217, and approval of a contingency in an amount of $11,000. CEQA: Exempt, PP02-05-097. Council District 1. (Public Works)

Documents filed: Memoranda from Director of Public Works, Katy Allen, dated May 28 and June 13, 2002, recommending award of said contract, with related contingency, to the lowest responsive bidder, Beacon Construction, Inc.

Discussion/Action: The award of said contract, with related contingency, to the lowest responsive bidder, Beacon Construction, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.32 Approval to reject the sole bid for the Southside Community Center Tot Lot Renovation Project, and authorization for the Director of Public Works to re-advertise and re-bid the project. CEQA: Exempt, PP02-02-028. Council District 2. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated
May 28, 2002, recommending approval to reject the sole bid for said project, and authorization for the Director of Public Works to re-advertise and re-bid the project.

Discussion/Action: The rejection of the sole bid for the Southside Community Center Tot Lot Renovation Project was approved and the Director of Public Works authorized to re-advertise and re-bid the project. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.33 Report on bids and award of contract for Turtle Rock Park Play Area Renovation Project to the low bidder, HRB Construction, Inc., to include the base bid and Add Alternate Nos. 1, 2, 3,, and 4, in the amount of $242,303, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP02-05-099. Council District 7. SNI: Tully/Senter. (Public Works)

Documents filed: Memoranda from Director of Public Works, Katy Allen, dated May 28 and June 13, 2002, recommending award of said contract, with related contingency, to the low bidder, HRB Construction, Inc.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, HRB Construction, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.34 Approval of the second amendment to the agreement with Creegan + D’Angelo for consultant services for the King Road Bridge at Penitencia Creek Project, expanding the scope of the services at an additional cost of $143,600, for a total agreement amount of $432,500. CEQA: Exempt, PP02-06-157. Council District 4. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending approval of the second amendment to said agreement with Creegan + D’Angelo.

Discussion/Action: The approval of the second amendment to said agreement with Creegan + D’Angelo, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.35 Approval of an agreement for consultant services with A-N West, Inc., for a Storm Drain Infrastructure Needs Assessment Study in an amount not to exceed $220,000, for a term from the date of execution to December 31, 2003. CEQA: Exempt, PP02-06-158. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending approval of said agreement with A-N West, Inc.

Discussion/Action: Council Member Reed indicated that he would vote in opposition, stating that Alviso must be considered in the Infrastructure Needs Assessment Study. Council Member Chavez also stated that Alviso needs to be included in the Study. The agreement with A-N West, Inc., was approved and its execution authorized. Vote: 9-1-1-0. Noes: Reed. Absent: Shirakawa, Jr.

2.36 Report on bids and award of contract for the Street Lights Backlog 2002 Project to the low bidder, Pacific Electric Company, in the amount of $350,371.90, and approval of a contingency in the amount of $35,000. CEQA: Exempt, PP01-02-023. SNI Areas: Plata Arroyo/Mayfair West, Winchester, Washington, Five Wounds/Brookwood Terrace. (Public Works)

Documents filed: Memoranda from Director of Public Works, Katy Allen, dated May 28 and June 13, 2002, recommending award of said contract, and related contingency, to the low bidder, Pacific Electric Company.

Discussion/Action: Council Member Campos requested the records be corrected to reflect that the signals are not in the Mayfair area. Council Members Yeager and Chavez requested information on the policy for establishing Historic Conservation areas. The award of said contract, and related contingency, to the low bidder, Pacific Electric Company, was approved and its execution authorized, and Administration directed to (a) delineate the area referred to as “Plata Arroyo/Mayfair West”, and (b) to prepare a status report on the developing of criteria for “Historic Conservation” areas and identifying the elements of a “conservation district” and to submit same for Council consideration. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.37 Report on bids and award of contract for the Street Lights Citywide 2002 Project to the low bidder, Pacific Electric Company, in the amount of $668,385, and approval of a contingency in the amount of $67,000. CEQA: Exempt, PP01-02-023. SNI Areas: Spartan/Keyes, Washington, Burbank/Del Monte, Five Wounds/Brookwood Terrace, Tully/Senter. (Public Works)

Discussion/Action: The award of said contract, and related contingency, to the low bidder, Pacific Electric Company, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.38 Approval of Contract Change Order No. 10 with Brown & Fesler, Inc. for the Traffic Signal Unit 98C Project in the amount of $22,502.54, for the total amount of $1,576,666.05, an extension of 10 working days, for a total contract time of 192 working days, and an increase in the contingency amount by $15,000. CEQA: Exempt, PP 99-01-009, PP 98-01-001, PP 96-05-087, PP 99-02-032. Council Districts 2, 3, 4, 5, 6, and 7. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 28, 2002, recommending approval of Contract Change Order No. 10 with Brown & Fesler, Inc., for said project, including an extension of time and an increase in contingency amount.

Discussion/Action: Contract Change Order No. 10 was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.39 Approval of two agreements with Pacific Gas & Electric Company for conversion of overhead facilities to underground facilities within the:

(a) Rule 20B Underground Utility District at King Road, from Story Road to Marsh Street, in the amount of $351,098.

(b) Rule 20C Undergrounding Project at King Road, from Story Road to Lido Way, including Lido Way from King Road to Tennyson Lane, in the amount of $274,563.

CEQA: Exempt, PP01-03-059. Council District 7. SNI: King Ocala. (Public Works)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated
May 28, 2002, recommending approval of two agreements with Pacific Gas & Electric Company.

Discussion/Action: The two agreements with Pacific Gas & Electric Company for the conversion of said overhead facilities to underground facilities was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.40 Report on bids and award of contract for the construction of the Berryessa Road Median Island Improvements to the low bidder, Blossom Valley Construction Company, Inc., to include the base bid and Add Alternate No. 1 in the amount of $432,530, and approval of a contingency in the amount of $22,000. CEQA: Exempt, PP02-03-038. Council District: 4. (Public Works)

Documents filed: Memoranda from Director of Public Works, Katy Allen, dated May 28, 2002, recommending award of said contract, with related contingency, to the low bidder, Blossom Valley Construction Company, Inc.

Discussion/Action: The award of said contract, with related contingency, to the low bidder, Blossom Valley Construction Company, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.41 Report on bids and award of contract for Smart Intersections Program Communications System Constructions 2002 Phase 1, Package A Project to the ~~second low~~lowest responsive bidder, Prism Engineering, Inc., in the amount of
$887,939.75, and approval of a ~~10%~~ contingency in the amount of $89,000.

CEQA: Exempt, PP 02-04-092. SNI Areas: East Valley/680 Communities; Edenvale/Great Oaks; Santee/Kennedy; Spartan/Keyes; Tropicana/ Lanai; Tully/Senter; Washington/Guadalupe. (Public Works)

Documents filed: Memoranda from Director of Public Works, Katy Allen, dated May 28 and June 13, 2002, recommending award of said contract, with related contingency, to the ~~second low~~lowest responsive bidder, Prism Engineering, Inc.

Discussion/Action: The award of said contract, with related contingency, to the ~~second low~~lowest responsive bidder, Prism Engineering, Inc., was approved and its execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.42 (a) Report on bids and award of contract for the Union/Foxworthy Sidewalk Replacement Project to the low bidder, Wattis Construction Company, in the amount of $279,972, and approval of a contingency in the amount of $20,000. CEQA: Exempt, PP02-05-113.

(b) Adoption of an appropriation ordinance amendment to increase the appropriation by $345,000, from the San José Redevelopment Agency Capital Projects Fund.

Council District 9. (Public Works/City Manager's Office)

Documents filed: Memorandum from Director of Public Works, Katy Allen, and Budget Director Larry D. Lisenbee, dated May 28, 2002, recommending award of said contract, with related contingency to the low bidder, Wattis Construction Company, and approval of said appropriation ordinance amendment.

Discussion/Action: The award of said contract, with related contingency to the low bidder, Wattis Construction Company, was approved and Ordinance No. 26669, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in the Services for Redevelopment Capital Projects Fund in the Amount of $345,000 for Union/Foxworthy Sidewalk Replacement Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.43 Adoption of a resolution to amend the Master Parking Rate Schedule by the following actions:

(a) Establish new parking rates for City off-street parking facilities effective July 1, 2002.

(b) Authorize the Director of Transportation to set monthly rates and maximum visitor daily rates for City parking facilities within an established range based upon the facility location and occupancy percentages.

(c) Authorize the Director of Transportation to add parking facilities, at the prevailing rate for other parking facilities in the same zone, and remove parking facilities from the Master Parking Rate Schedule as facilities are deleted from the parking inventory.

(d) Revise the “Under-Utilized Municipal Off-Street Parking Facility” program to provide reduced monthly parking rates to a broader set of customers when there is under-utilization of a parking facility.

(e) Establish new parking rates for on-street parking meters within the Downtown meter zone, effective July 1, 2002.

CEQA: Not a project. Council District 3. (Transportation)

Documents filed: Memorandum from Director, Department of Transportation, Wayne Tanda, dated May 28, 2002, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71068, entitled: “A Resolution of the Council of the City of San José Adopting a Master Parking Rate Schedule for Municipal On and Off Street Parking Facilities and for the Downtown Validation Programs, and Repealing Resolution No. 70604, Effective July 1, 2002”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.44 (a) Approval of a Phase 1 utility agreement with Caltrans providing for Caltrans to perform certain work on the City’s sanitary sewer system, located under Route 87 north of Hedding Street, and to reimburse the City in the amount of $80,000, for

(b) Approval of a Phase 2 utility agreement with Caltrans providing for the City to design and construct certain improvements to the City’s sanitary sewer system located under Route 87 north of Hedding Street, and for Caltrans to reimburse the City in the amount of $4,970,000 for the work.

CEQA: Resolution No. 65071, PP94-1-15. Council District 3. (Transportation)

Documents filed: Memorandum from Director, Department of Transportation, Wayne Tanda, recommending approval of the proposed Phase 1 and Phase 2 utility agreements with Caltrans.

Discussion/Action: The Phase 1 and Phase 2 utility agreements with Caltrans for said projects were approved and their execution authorized. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.45 Approval of an agreement with Charles E. Fraser, Arleen C. Fraser, Betty B. Fraser, and Edmund S. Fraser for the purchase of a parcel of land located at 75 South White Road for the Alum Rock Branch Library in the amount of $1,500,000, and authorization for the Director of Public Works to execute the necessary documents to complete the transaction. CEQA: Exempt, PP02-06-147. Council District 5. SNI: East Valley/680 Community. (Public Works)

(Deferred from 6/11/02 – Item 2.13)

Documents filed: (1) Memorandum from Director of Public Works, Katy Allen, dated May 20, 2002, recommending approval of said agreement with Charles E. Fraser, Arleen C. Fraser, Betty B. Fraser, and Edmund S. Fraser for the purchase of said parcel of land, and authorization for the Director of Public Works to execute the necessary documents to complete the transaction. (2) Memorandum from Director of Public Works, Katy Allen, dated June 11, 2002, stating said project, PP02-06-147, is exempt from CEQA.

Discussion/Action: The approval of said agreement Charles E. Fraser, Arleen C. Fraser, Betty B. Fraser, and Edmund S. Fraser for said land purchase was approved and the Director of Public Works was authorized to execute the necessary documents to complete the transaction. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.46 (a) Approval to reject all bids for the Wooster Avenue Bridge Project over Silver Creek, and authorization for the Director of Public Works to re-advertise and re-bid the project.

(b) Adoption of a resolution authorizing ~~authorization for~~ the City Manager to award the project in July 2002 to the lowest responsive bidder in an amount not to exceed $1,700,000, as necessary in order to construct the project in the current construction season. CEQA: Negative Declaration, PP 97-06-156. Council District 3. SNI: Five Wounds/Brookwood Terrace.

(Public Works)

(Deferred from 6/11/02 – Item 2.14)

Documents filed: Memorandum from Director of Public Works, Katy Allen, dated May 20 and June 14, 2002, recommending approval to reject all bids for said project and authorization for the Director of Public Works to re-advertise and re-bid the project, and authorization for the City Manager to award the project in July 2002 to the lowest responsive bidder in an amount not to exceed $1,700,000, as necessary in order to construct the project in the current construction season.

Discussion/Action: The rejection of all bids for said project and authorization for the Director of Public Works to re-advertise and re-bid the project, was approved and Resolution No. 71069, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Award a Construction Contract for the Silver Creek Bridge Project to the Lowest Responsive Bidder in an Amount Not to Exceed $1,700,000, and Approval of a Ten Percent Contingency”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.47 (a) Approval of an ordinance amending Section 2.08.1630 of Chapter 2.08 of the San José Municipal Code to designate an attorney as one of the five members of the Campaign Finance Review and Ethics Board (Ethics Board).

(b) Adoption of a resolution amending the regulations and procedures of the Ethics Board to provide for the attorney member of the Ethics Board to review or investigate a complaint if the Ethics Board Evaluator is unable to conduct an investigation and to provide that in such case, the attorney member may not participate in the Ethics Board’s hearing and review of the complaint.

(c) Approval of an ordinance reappointing Chair and attorney Alex Stuart to a temporary term on the Ethics Board until a replacement attorney member is appointed prior to December 31, 2002.

CEQA: Not a project. (City Attorney’s Office)

(Rules Committee referral 6/12/02)

Documents filed: Memorandum from City Attorney Richard Doyle, dated June 13, 2002, recommending approval of Ethics Board ordinances and procedures.

Discussion/Action: Resolution No. 71070, entitled: “A Resolution of the Council of the City of San José Amending Regulations and Procedures for the Campaign Finance Review and Ethics Board Investigations and Hearings to Provide for the Attorney Member of the Board to Review or Investigate a Complaint if the Board’s Evaluator is Unable to Conduct an Investigation”, was adopted; Ordinance No. 26670, entitled: “An Ordinance of the City of San José Amending Chapter 2.08 of Title 2 of the San José Municipal Code by Amending Section 2.08.1630 to Designate an Attorney as One of the Five Members of the Campaign Finance Review and Ethics Board”; and Ordinance No. 26671, entitled: “An Ordinance of the City of San José Reappointing Former Chair Alex Stuart to the Campaign Finance Review and Ethics Board (Ethics Board) to a Temporary Term on the Ethics Board Unless a Replacement Member is Appointed Prior to December 31, 2002”, were passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.48 Approval of an ordinance repealing Sections 10.32.112 and 10.32.115 of Chapter 10.32 and Chapter 10.33 of Title 10 of the San José Municipal Code, the Saturday Night Special/Junk Gun Ordinance and accompanying trigger lock and safe storage literature requirements, in order to make consistent with state law. CEQA: Not a project. (City Attorney’s Office)

Documents filed: Memorandum from City Attorney Richard Doyle, dated June 14, 2002, recommending approval of said ordinance.

Discussion/Action: Ordinance No. 26672, entitled: “An Ordinance of the City of San José Repealing Sections 10.32.112 and 10.32.115 of Chapter 10.32 and Chapter 10.33 of Title 10 of the San José Municipal Code, the Saturday Night Special/Junk Gun Ordinance and Accompanying Trigger Lock and Safe Storage Literature Requirements”, was passed for publication. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

2.49 Acceptance of the Aviation Security and Technology Blue Ribbon Task Force Final Report. (Mayor) (Orders of the Day)

Documents filed: (1) Memorandum from Mayor Gonzales, dated June 14, 2002, recommending Council accept the Final Report of the Aviation Security and Technology Blue Ribbon Task Force. (2) Report entitled: Report of the 2002 Silicon Valley Blue Ribbon Task Force on Aviation Security and Technology, dated June 17, 2002, Convened by U.S. Congressman Mike Honda and San José Mayor Ron Gonzales, and Chaired by John W. Thompson, CEO and Chairman, Symantec Corporation.

Discussion/Action: Council accepted the final report of the Blue Ribbon Task Force on Aviation Security and Technology, as recommended in the 06/14/02 memorandum from Mayor Gonzales.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – June 5, 2002

Vice Mayor Shirakawa, Jr., Chair

Documents filed: Rules Committee report of June 5, 2002.

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

(b) City Council

(1) Review June 18, 2002 Draft Agenda

The Committee recommended approval of the June 18, 2002 City Council Agenda with two changes.

(2) Add New Items to June 11, 2002 Amended Agenda

The Committee recommended one addition to the June 11, 2002 City Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

None Filed.

(d) Meeting Schedules. Attachment: Memorandum from Gary Miskimmon, Redevelopment Agency Administrative Officer, dated June 4, 2002, requesting an evening session on June 25, 2002.

The Committee recommended approval of a Redevelopment Agency Board evening session in Council Chambers on June 25, 2002 regarding the Story/King Retail Project.

(e) The Public Record. Attachment: Memorandum from City Clerk Patricia L. O’Hearn, dated May 30, 2002, transmitting the Public Record for the period May 22-28, 2002.

The Committee noted and filed the Public Record for the period May 22-28, 2002.

(f) Boards, Commissions and Committees - None Presented.

(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee

(1) Request for rental dispute data. Attachment: Memorandum from Council Member Dando, dated May 23, 2002, requesting rental dispute data.

The Committee directed the Administration to return to Rules Committee on June 19, 2002 with a workload assessment to research and document cases of illegal rent increases and retaliatory evictions.

(h) Administrative Reviews and Approval

(1) Workload assessment to change Project Diversity commission term limits

The Committee deferred this item to June 12, 2002 Rules Committee meeting.

(i) Oral Communications - None Presented.

(j) Adjournment - The meeting was adjourned at 2:25 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams, and unanimously carried, the Rules Committee report and actions of June 5, 2002, were accepted. Vote: 11-0-0-0.

3.5 (a) Adoption of the Annual Appropriation Ordinance, including transfers and loans for Fiscal Year 2002-2003 and the Manager’s Final Budget Addenda.

(b) Adoption of the Annual Funding Sources Resolution for Fiscal Year 2002-2003 and the Manager’s Final Budget Addenda.

(c) Adoption of a resolution in compliance with Article XIIIB of the Constitution of the State of California and as modified by Proposition 111 and SB 99 electing the population and inflation factors and establishing the Fiscal Year 2002-2003 Appropriation Limit.

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

Documents filed: (1) Memorandum from Budget Director Larry D. Lisenbee, dated June 14, 2002, recommending adoption of the Annual Appropriation ordinance, including transfers and loans for Fiscal Year 2002-2003 and the Manager’s Final Budget Addenda, adoption of the Annual Funding Sources Resolution for Fiscal Year 2002-2003 and the Manager’s Final Budget Addenda. (2) Memorandum from Budget Director Larry D. Lisenbee, dated June 10, 2002, recommending adoption of a resolution electing said population and inflation factors and establishing the Fiscal Year 2002-2003 Appropri-ation Limit.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Ordinance No. 26674, entitled: “Annual Appropriation Ordinance of the City of San José for City’s Fiscal Year Beginning July 1, 2002 and Ending June 30, 2003, Appropriating and Authorizing the Expenditure of Moneys for the Operation of Each of the Offices, Departments, and Agencies of the City During Said Fiscal Year, and for Various Other Purposes and Objects for Said Fiscal Year; and Providing for Transfers from Various City Funds to Other City Funds as May be Necessary During Said Fiscal Year”; Resolution No. 71072, entitled: “A Resolution of the Council of the City of San José Adopting the Estimated Sources of Funds for Fiscal Year 2002-2003”; and Resolution No. 71073, entitled: “A Resolution of the Council of the City of San José Electing the Population and Inflation Adjustment Factors and Establishing the 2002-2003 Appropriations Limit of the City of San José Pursuant to California Constitution Article XIIIB, and Section 7900 Et Seq. of the California Government Code”, were adopted. Vote: 11-0-0-0.

3.4 (a) Adoption of amendments to the annual appropriation ordinance and funding sources resolution for various operating and capital funds to reflect estimated FY 2001-2002 revenue receipts, expenses, and encumbrances.

(b) (1) Adoption of amendments to the annual appropriation ordinance and funding sources resolution amendments for various Capital Funds to reflect estimated FY 2001-2002 available resources, changes in project expenditure estimates or schedules, technical adjustments, and the addition of new Capital projects;

(2) Adoption of a resolution making certain determinations regarding the expenditure of Redevelopment Agency funds on certain public improvements.

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

Dropped – Item 3.4(b)(1) & (2).

Documents filed: Memorandum from Budget Director Larry D. Lisenbee, dated June 14, 2002, recommending approval of said appropriation ordinance and related revenue resolution amendments.

Discussion/Action: Council Member Cortese asked if there would be a mid-year adjustment on underground utility fees, and City Manager Del Borgsdorf replied that adjustments to underground utility fees will report out to Council as part of the Mid-Year Budget Review. Upon motion by Council Member Dando, seconded by Council Member Diquisto, and unanimously carried, Item 3.4(b)(1) & (2) was dropped from the agenda, Item 3.4(a) was approved and Ordinance No. 26673, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26415 to Appropriate Moneys in Various Operating and Capital Funds to Reflect Estimated 2001-2002 Expenses and Encumbrances; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; and Resolution No. 71071, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 70438 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2001-2002 to Adjust Revenues in the General Fund”, were adopted, and Council directed Staff to continue working on adjustments to underground utility fees and to report to Council during Mid-Year Budget Review. Vote: 11-0-0-0.

3.6 Adoption of the Statement of Policy and City Council Questions related to the selection of a new Parks, Recreation, and Neighborhood Services Director (PRNS) described in the staff report, in compliance with City Charter Section 411.1. CEQA: Not a project. (City Manager's Office)

(Rules Committee referral 6/12/02)

Documents filed: Memorandum from City Manager Del D. Borgsdorf, dated June 11, 2002, recommending Council adopt the Statement of Policy and City Council Questions related to the selection of a new Parks, Recreation, and Neighborhood Services Director (PRNS) described in the staff report, in compliance with City Charter Section 411.1.

Discussion/Action: Council Member LeZotte requested that the phrase “people with disabilities” be replaced with “persons with disabilities.” Council Member Reed recommended adding a question for applicants relative to experience dealing with the challenge of expenses rising faster than revenues. William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, Council adopted the Statement of Policy as amended to replace the phrase “people with disabilities” with “persons with disabilities.” Vote: 11-0-0-0.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1 Report of the Economic Development & Environment Committee – June 3, 2002

Council Member Williams, Chair

(a) Further Discussion of Group Home Ordinance and Reasonable Accommodation

To be reported out in August 2002

Discussion/Action: See Item 4.2 for Council action taken

(b) San José Permits On-Line (IDTS) System Demonstration

(d) Monthly Status Report on Housing Production Team Action Items

(e) Monthly Report on Affordable Housing Production

(f)