SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
OCTOBER
22, 2002
|
LINDA J. LE ZOTTE |
DISTRICT 1 |
|
KEN YEAGER |
DISTRICT 6 |
|
FORREST WILLIAMS |
DISTRICT 2 |
|
GEORGE SHIRAKAWA, JR. |
DISTRICT 7 |
|
CINDY CHAVEZ |
DISTRICT 3 |
RON GONZALES MAYOR |
DAVID D. CORTESE |
DISTRICT 8 |
|
CHUCK REED |
DISTRICT 4 |
|
JOHN DIQUISTO |
DISTRICT 9 |
|
NORA CAMPOS |
DISTRICT 5 |
|
PAT DANDO |
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
9:30 a.m. - Closed Session, Room 600, City Hall
1:30 p.m. - Regular Session, Council Chambers, City Hall
· Invocation (District 9)
· Pledge of Allegiance
· Orders of the Day
Items marked with an asterisk (*) denote changes or additions to the previously published Agenda for this meeting.
* ADJOURNMENT: This meeting will be adjourned in memory of Gina Farnquist, former City employee with the Parks, Recreation and Neighborhood Services Department, and wife of former Director of Personnel, Bob Farnquist; and in memory of Rose Caglia, a long-time resident of Almaden Valley.
1.1 Presentation of the Human Rights Commission Award for Al Traugott to his wife, Roz Dean, in posthumous recognition of Al’s dedication to promoting human rights and leading the Save San José Medical Center Coalition. (Yeager)
1.2 Presentation of a commendation to Kaiser Permanente, Santa Teresa and Dr. Stan Butler of San José State University for their involvement in the National Youth Sports Program (NYSP). (Campos)
* (Rules
Committee referral 10/16/02)
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.
Recommendation: Approval of City Council Minutes
(a) Regular meeting of April 2, 2002
(b) Joint Council/Redevelopment Agency Board meeting of April 2, 2002
(c) Regular meeting of April 9, 2002
(d) Joint Council/Redevelopment Agency Board meeting of April 9, 2002
(e) Regular meeting of April 16, 2002
* (a) ORD. NO. 26744 – Amends Chapter 11.48 of Title 11 of the San José Municipal Code to add a College Park Residential Permit Parking Program.
[Deferred from 10/15/02 – Item 2.2(b)]
RECOMMEND DEFERRAL TO 11/19/02
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the concession agreement with SmarteCarte, Inc. to increase the percentage rent, add a fee structure for carts used in the Interim Federal Inspection Services Facility, and remove all electronic lockers, with annual revenue to the City in excess of $13,000. CEQA: Resolution No. 67380, PP 02-09-275. (Airport)
Recommendation: Adoption of amendments to the annual appropriation ordinance in the State Drug Forfeiture Fund (Fund 417) for Fiscal Year 2002-2003:
(a) Increase the Non-personal and Equipment appropriation for the Police Department in the amount of $17,900; and
(b) Decrease the Ending Fund Balance by $17,900.
CEQA: Not a Project. (City Manager's Office/Police)
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #9, and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project. (General Services)
Recommendation: Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the donation of one surplus front-end loader with an estimated value of $7,000 to El Govierno de Baja California Sur, Mexico. CEQA: Not a Project. (General Services)
Recommendation: Report on bids and award the purchase of one 16’ Crime Scene Van for the Police Department to the lowest responsive bidder, Farber Motors, Inc., dba/Farber Specialty Vehicles (Columbus, OH), at a total cost of $167,019.75, including tax and freight, and authorization for the Director of General Services to execute the purchase order for the:
(a) Immediate purchase of one unit at the bid price of $167,019.75, plus approval of a contingency in the amount of $8,500 for design and safety improvements that may arise subsequent to the publication of the bid specifications and award of the purchase; and
(b) Subsequent purchase of additional units at the same bid price and with the same contingency approval, without further Council action other than the appropriation of necessary funds.
CEQA: Not a Project. (General Services/Police)
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate an amendment to the agreement with Community Foundation Silicon Valley for the Community Action Pride (CAP) grant program to include additional “Special Emphasis” funds not to exceed $136,000. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement amending the Resources for Families and Communities agreement, extending the term by nine months to end on June 30, 2003, and expending the remaining not to exceed amount of $147,000. CEQA: Not a Project. Council District 3. SNI: Washington. (Parks, Recreation and Neighborhood Services)
Recommendation: Adoption of a resolution authorizing the City Manager to submit a joint application with the San José Conservation Corps in the amount of $167,570 for services performed by the San José Conservation Corps at Alum Rock Park under the Urban Streams Restoration Program for Fiscal-Year 2002-2003, and if awarded, negotiate and execute a grant agreement with the State of California, Department of Water Resources. CEQA: Exempt, PP 02-10-290. (Parks, Recreation and Neighborhood Services)
Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as Evergreen No. 184, which involves the annexation to the City of San José of 40.0 gross acres of land, located along Dove Hill Road easterly of Highway 101, approximately 2,000 feet northerly of Hellyer Avenue, and the detachment of the same from the Central Fire Protection District and the Santa Clara County Library Service Area. (Planning, Building, and Code Enforcement)
* Recommendation: Approval of an agreement with Harris Design for landscape architectural consultant services for the Story Road Mitigation Project from the date of execution to December 23, 2003, in the amount of $124,000. CEQA: Exempt, PP 02-08-216. Council District 7. SNI: Spartan/Keyes. (Public Works)
* Recommendation:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute an eleventh amendment to the Scheduled Airline Terminal Building Lease with American Airlines, Inc., to provide for the reallocation of gates in connection with the opening of the new Interim Federal Inspection Services Facility, with monthly revenue to the City of $245,371.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute a Lease of Airport Premises with American Airlines, Inc., for the new Interim Federal Inspection Services Facility, with annual revenue to the City of $77,345.
CEQA: Resolution No. 67380, PP 02-09-252. (Airport)
(Deferred from 10/15/02 – Item 2.5)
RECOMMEND DEFERRAL TO 10/29/02
* Recommendation: Approval of City Attorney Richard Doyle’s travel to Washington, D.C., from November 3-4, 2002, to participate in discussions with the FAA. CEQA: Not a Project. (City Attorney)
(Rules Committee
referral 10/16/02)
Mayor Gonzales,
Chair
Vice Mayor
Shirakawa, Jr., Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review October 22, 2002 Draft Agenda
(2) Add New Items to October 15, 2002 Amended Agenda
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
(d) Meeting Schedules
(e) The Public Record
(f) Boards, Commissions and Committees
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(h) Administrative Reviews and Approval
(1) Workload assessment to establish an ad hoc City Council/Santa Clara Valley Water District committee to discuss all unresolved policy issues relating to trails
(2) Request from Council Member Nora Campos to use Council General funds to attend the Sister Cities Anniversary in Japan, October 23-31, 2002
(3) Approve City positions on November 2002 State ballot
(i) Oral communications
(j) Adjournment
Council Member
Dando, Chair
(a) Consent Items
(1) Monthly Investment Report for August 2002
(2) August Monthly Report
(b) Monthly Financial Report for August 2002
(c) Sales and Business Tax for Quarter Ending June 30, 2002
(d) Audit of the Office of Equality Assurance
(e) Semi Annual Recommendation follow-up for Six Months
(f) Oral petitions
(g) Adjournment
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with:
(1) $276.81 for Employee Only
(2) $711.05 for Employee Plus Family.
(b) PacifiCare to provide a Medicare Supplement plan for Medicare eligible retirees and their dependents for the period from January 1, 2003 through December 31, 2003, with authority to negotiate renewal rates on an annual basis thereafter, with monthly rates through December 31, 2003 not to exceed the following:
(1) $256.26 for Single Medicare Retiree.
(2) $512.52 for Medicare Retiree and Spouse.
CEQA: Not a Project. (Employee Services)
Council Member
Williams, Chair
(a) Recycled Product Procurement
(b) Annual Report of Activities of the San José First Employment Program
(c) Update of Land Use Policy for Wireless Communication Facilities
SEE ITEM 4.2 FOR COUNCIL ACTION TO BE TAKEN
(d) Street Tree Pruning and Replacement Process
(e) Oral petitions
(f) Adjournment
* Recommendation: Adoption of a resolution
approving the proposed update to the City Council Land Use Policy
for Wireless Communications Facilities.
(Planning, Building and Code Enforcement)
[Economic Development and Environment Committee referral
10/7/02 – Item 4.1(c)]
Recommendation: PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Title 20 of the San José Municipal Code, Chapter 20.100, Section 20.100.610, to exempt reroof projects that meet certain criteria from the requirement of a site development permit; and, amending Chapters 20.30, Section 20.30.230, and Chapter 20.100, Section 20.100.1300 to establish substandard lot for residential uses at three thousand square feet instead of five thousand square feet. CEQA: Exempt, PP02-09-248. (Planning, Building, and Code Enforcement)
Citywide
Recommendation: PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Chapter 23.04, Section 23.04.020 of Title 23, the Sign Code, of the San José Municipal Code to modify the boundary of the Innovation Triangle Area by deleting reference to State Highway 237. CEQA: Exempt, PP 02-09-272. (Planning, Building, and Code Enforcement)
Citywide
* Recommendation: PUBLIC HEARING on the Historical Property Contract for the Hotel Metropole, City Landmark No. HL88-46 and the Sunol Building, City Landmark No. HL02-129 located at the northwest corner of South Market and Post Streets (35 South Market St.) on 0.33 gross acre. (Florin II LTD, William B. Mitchell G.P., Owner). CEQA: Exempt. (Planning, Building, and Code Enforcement)
MA 02-003 - District 3
(Continued from 10/8/02 – Item 4.3 and 10/15/02 – Item 4.5)
Council Member
Chavez, Chair
* Recommendation:
(a) Approval of the re-phasing of the Parks Bond funded Happy Hollow Park & Zoo from six phases extending through 2010 to two phases with project completion in 2007.
(b) Adoption of the following appropriation ordinance amendments in the Parks and Recreation Bond Projects Fund:
(1) Establish the Happy Hollow Phase 1 - Parking, Entry, and Zoo Improvements appropriation in the amount of $6,480,000.
(2) Establish the Happy Hollow Phase II - Attractions, Zoo demo (old), green buffer appropriation in an amount of $2,520,000.
(3) Reduce the Happy Hollow Phase 1 – Strategy & Interim Improvements by $6,483,000.
(4) Reduce the Happy Hollow Phase II – Amusement Area Improvements by $883,000.
(5) Reduce the Ending Fund Balance by $1,634,000.
CEQA: Exempt, PP 02-10-296. SNI: Tully/Senter, Rockspring, Spartan/Keyes, Santee.
(Public Works/Parks, Recreation and Neighborhood Services/City Manager's Office)
RECOMMEND DEFERRAL TO 10/29/02
DROP
* Recommendation: Report on bids and award of contract for the Stonegate and Watson Parks Play Area and Restroom Renovation Project to the lowest responsive bidder, ESR Construction, Inc., in the amount of $487,454, and approval of a contingency in the amount of $39,000. Stonegate Park CEQA: Exempt, PP02-06-172. Watson Park CEQA: Exempt, PP02-06-171. Council Districts 3 and 7. Watson Park SNI: 13th Street. (Public Works)
(Deferred from 10/1/02 – Item 5.4 and 10/15/02 – Item 5.2)
* Recommendation:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute agreements with the Santa Clara Valley Transportation Authority (VTA) to:
(1) Complete final design plans and secure Caltrans approval for improvement of the Route 101/Hellyer and the Route 101/Blossom Hill Interchanges in Edenvale, in an amount not to exceed $4,000,000.
(2) Augment the Route 101 corridor planning studies to include the proposed Route 101/Fourth/Zanker/Skyport Interchange and the Route 101/Capital/Yerba Buena Interchange and fund an amount not to exceed $600,000.
(3) Contribute toward the design and construction of the Guadalupe River Pedestrian and Bicycle Bridge at River Oaks Parkway, in an amount not to exceed $400,000.
(4) Reimburse costs for the “BART to San
José Feasibility Study” in an amount not to exceed $185,000.
(b) Adoption of the following appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund):
(1) Establish an appropriation to the Department of Transportation for the Edenvale: Highway 101 Interchange Improvements project in the amount of $4,000,000.
(2) Increase the estimate for Earned Revenue by $4,000,000.
(c) Adoption of a resolution making certain determinations regarding the related expenditure of the Redevelopment Agency funds on certain public improvements in connection with the Edenvale: Highway 101 Interchange Improvements Project, as more specifically described in the memorandum from the Redevelopment Agency, dated October 9, 2002.
CEQA: Exempt, PP02-09-262. Council Districts 2,3,4,7, and 8. (Transportation/City Manager’s Office)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement with the Santa Clara Valley Water District (District) for the implementation of water conservation programs 2001-2002, extending the term by an additional nine months from September 30, 2002 to June 30, 2003, retroactive, at no additional cost to either party. CEQA: Exempt, PP 02-10-281. (Environmental Services)
* Recommendation: Approval of a fifth amendment to the Scheduled Airline Operating Agreement between the City of San José and American Airlines, Inc., to add provisions regarding compliance with the City’s Airport Noise Control Program, with annual revenue to the City in excess of $4,000,000. CEQA: Resolution No. 67380, PP 02-09-276. (Airport)
(Deferred from 10/15/02 – Item 8.1)
* Recommendation: Adoption of a resolution extending the moratorium on authorizations granted under Article X(B)(2) of the Airport Noise Control Program (Resolution No. 57211) to operate during the curfew hours of 11:30 p.m. to 6:30 a.m. at the Norman Y. Mineta San José International Airport, for an additional period of ninety days, pending further investigation and study of requests to operate during such period, the potential effects of such requests, and a study of alternatives for restructuring the Airport Noise Control Program. (City Attorney’s Office)
(Rules Committee
referral 10/16/02)
* Recommendation:
(a) Approval of an ordinance amending Title 14 of the San José Municipal Code to add a new Chapter 14.06 setting forth dispute avoidance and dispute resolution procedures for public works construction projects.
(b) Adoption of a resolution by the San José Redevelopment Agency to implement dispute avoidance and dispute resolution procedures for the Department of Public Works and Redevelopment Agency construction projects, to the extent that they do not conflict with the requirements of state law applied to Redevelopment Agency construction projects.
(1) Partnering will be incorporated into all City/SJRA construction projects as follows:
(a) For projects where the Engineer’s Estimate is over $10 million, formal “partnering” involving both the City/SJRA and contractor participating in facilitated partnering workshops will be mandatory.
(b) For projects where the Engineer’s Estimate is between $1 million and $10 million, the City/SJRA will implement partnering techniques, with the contractor being offered the option of required formal partnering.
(c) For projects where the Engineer’s Estimate is under $1 million, the City/SJRA will implement informal partnering techniques.
(2) The contractor will be able to request a meet-and-confer conference with the City/SJRA if a dispute cannot be resolved through the partnering process.
(3) In the event a dispute remains unresolved after the meet-and-confer conference, the contractor may request a facilitated dispute resolution meeting.
(4) A Disputes Review Board (DRB) will be offered to contractors for all projects where the Engineer’s Estimate exceeds $1 million.
(5) A DRB process will be mandatory for projects where the Engineer’s Estimate exceeds $10 million. A dispute may be submitted to the DRB if the facilitated dispute resolution meeting is not successful.
(6) As a result of the unique nature of each construction project, the parties may mutually agree to bypass any step in the process.
(7) With projects larger than $10 million, the City/SJRA Director has the authority to develop additional dispute resolution procedures as necessary for the successful completion of the project.
(8) A review process will be established after one year of implementation to identify additional opportunities, to modify performance measurements, and to implement additional changes to the program, if needed.
CEQA: Exempt, PP 02-10-278. (City Manager’s Office/Redevelopment Agency)
(Deferred from 10/15/02 – Item 10.1)
· 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:
None.
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:
None.
· Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.
· Adjournment
This meeting is adjourned in memory of Gina Farnquist, former City employee with the Parks, Recreation and Neighborhood Services Department, and wife of former Director of Personnel, Bob Farnquist; and in memory of Rose Caglia, a long-time resident of Almaden Valley.