SAN JOSE CITY COUNCIL

AMENDED AGENDA

NOVEMBER 5, 2002

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 - CANCELED

See Separate Agenda

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

7:00 p.m. - Evening Session - CANCELED

· Invocation (District 10)

* Pastor Robert Weller, Shepherd of the Valley Lutheran Church

· 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 marked with # denote changes or additions to the Agenda that had been previously updated on the Internet.

1 CEREMONIAL ITEMS

1.1 Presentation of commendations to City Year, the San José Police Officers’ Association, the Santa Clara Deputy Sheriffs’ Association, the Valley Transportation Authority , and the San José Family Violence Center for their time, advertising space, and financial resources contributed over the past five years to the Annual Elected and Public Officials Walk Against Domestic Violence. (Dando)

*1.2 Presentation of a commendation to Cypress Senior Center on the occasion of its 20^th anniversary. (LeZotte)

(Rules Committee referral 10/30/02)

2 CONSENT CALENDAR

Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, staff, or public requests discussion on a particular item, that item will be removed from the Consent Calendar and considered separately.

2.1 Approval of Minutes.

Recommendation: Approval of City Council Minutes for:

(a) Regular meeting of April 30, 2002

2.2 Final adoption of ordinances.

Recommendation: Final adoption of ordinances:

(a) ORD. NO. 26761 – Amends Section 20.10.610 of Chapter 20.100 of Title 20 of the San José Municipal Code to exempt re-roof projects meeting specified criteria from the requirement of a Site Development Permit; and amends Section 20.30.230 of Chapter 20.30 and Section 20.100.1300 of Chapter 20.100, to modify the size of a substandard lot for residential uses.

(b) ORD. NO. 26762 – Amends Section 23.04.020 of Chapter 23.04 of Title 23 of the San José Municipal Code to modify the boundary of the Innovation Triangle Area.

(c) ORD. NO. 26764 – Amends Title 14 of the San José Municipal Code by adding a new Chapter 14.06 relating to procedures for dispute avoidance and dispute resolution for Public Works construction projects.

(d) ORD. NO. 26765 – Adopts an amendment to The Alameda, Almaden Gateway, Alum rock Avenue, Century Center, East Santa Clara Street, Edenvale, Guadalupe-Auzerais, Japantown, Jualian-Stockton, Market Gateway, Olinder, Park Center, Pueblo Uno, Rincon de Los Esteros, San Antonio Plaza, Story Road, and West San Carlos Redevelopment Plans t delete the time limitation on the date to incur debt.

2.3 Approval of the Fiscal Year 2002-2003 HP Pavilion at San José Capital Repairs and Replacements Budget.

Recommendation: Approval of the Fiscal Year 2002-2003 HP Pavilion at San José Capital Repairs and Replacements Budget submitted by Compaq Center Management. CEQA: Not a Project. (San José Arena Authority)

(Deferred from 10/15/02 – Item 2.11)

2.4 Approval of the lease of airport premises for office space at 1455 Airport Boulevard.

Recommendation: Approval of a first amendment to the lease of airport premises with Integrated Airline Services for office space at 1455 Airport Boulevard, to extend the term of the lease through November 14, 2007, with annual rental revenue to the City in the amount of $4,200. CEQA: Resolution No. 67380, PP#02-10-298. (Airport)

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 2002-2003 #10, and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project. (General Services)

2.6 Approval of an agreement for purchase of real property for the Barberry Lane Sidewalk Project.

* Recommendation: Approval of an agreement for purchase of real property located north of Barberry Lane and adjacent and west of Corda Drive and an immediate right of entry thereon, by and between the City of San José and Jorge Segura and Micaela Segura for $62,200, for the Barberry Lane Sidewalk Project. CEQA: Exempt, PP 02-01-001. Council District 8. SNI: West Evergreen (Public Works)

2.7 Approval to award a contract for the Columbus Park Irrigation Renovation Project.

Recommendation: Report on bids and award of contract for the Columbus Park Irrigation Renovation Project to the low bidder, DB Landscape, to include the base bid and Add Alternate No. 1 in the amount of $116,300, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP02-03-034. Council District 3. (Public Works)

* RECOMMEND DEFERRAL TO 11/19/02

2.8 Approval to award a contract for the Improvement of Sunset Avenue Project.

* Recommendation: Report on bids and award of contract for the Improvement of Sunset Avenue Project to the low bidder, Joseph J. Albanese, Inc., in the amount of $259,558, and approval of a ten percent contingency in the amount of $26,000.

2.9 Approval of an agreement for architectural consultant services for Fire Station Nos. 4 and 13.

# Recommendation:Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Sugimura & Associates for architectural consultant services for Fire Station Nos. 4 and 13, from the date of execution to October 24, 2004, in the amount of $287,500, and additional services in the amount of $42,000, for a total agreement amount of $329,500. CEQA: Exempt, PP02-10-294. Council Districts 6 and 9. SNI: (FS No. 4) Burbank/Del Monte. (Public Works)

2.10 Approval to set a public hearing and vacate a portion of San Fernando Street.

Recommendation: Adoption of a resolution of intention to vacate:

(a) A portion of San Fernando Street between Bush and Wilson Streets, reserving a public service easement and a pedestrian access easement over the vacated area; and

(b) Setting a public hearing on November 26, 2002 at 1:30 p.m.

CEQA: Resolution No. 68748. Council District 6. (Public Works)

2.11 Approval of Contract Change Order for the Fourth Major Interceptor Phase V/VA Project.

Recommendation: Approval of Contract Change Order No. 8 with Mountain Cascade, Inc., for the Fourth Major Interceptor Phase V/VA Project in the amount of $328,996.06, for a total contract amount of $22,416,891.64, and a time extension of 7 working days, for a total of 388 working days. CEQA: Resolution No. 60197, PP 97-10-213. Council District 4. (Public Works)

2.12 Approval of leases related to the new Interim Federal Inspection Services Facility.

* 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 et al., and 10/29/02 – Item 2.8)

DROP

3 STRATEGIC SUPPORT SERVICES

3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – October 23, 2002

Vice Mayor Shirakawa, Jr., Chair

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

(b) City Council

(1) Review November 5, 2002 Draft Agenda

(2) Add New Items to October 29, 2002 Amended Agenda

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

(d) Meeting Schedules

(e) The Public Record

(f) Boards, Commissions and Committees

(1) Federated Retirement Board of Administration

* SEE ITEM 3.5 FOR COUNCIL ACTION TO BE TAKEN

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

(1) Request to direct the City Manager to review and implement professional development training entitled, “Don’t Laugh at Me” for PRNS staff

(h) Administrative Reviews and Approval

(1) Request from Council Member Nora Campos to use Council General funds to attend the League of California Cities Legislative Briefing in Sacramento, CA, November 6, 2002

(2) Appoint 2002 National League of Cities Voting Delegate and Alternate

(i) Oral communications

(j) Adjournment

3.3 Report of the Finance and Infrastructure Committee – October 23, 2002

Council Member Dando, Chair

(a) Consent Items

(1) September Monthly Report

(2) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending December 2001

(3) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending March 2002

(b) Unfunded Projects Appropriation Report

(d) Capital Cost Report for August 2002

(e) Cash Flow Projection

(f) Oral petitions

(g) Adjournment

3.4 Approval of a resolution amending the Fiscal Policy E.1. in the Capital Improvement Program.

Recommendation: Adoption of a resolution amending the Fiscal Policy E.1. in the Capital Improvement Program to the following: “The amount set aside for contingencies shall correspond with public agency or industry standards, or a percentage of the total contract amount as otherwise determined by the City Council.” (Public Works)

RECOMMEND DEFERRAL TO 11/12/02

3.5 Appointment to the Federated Retirement Board of Administration.

* Recommendation: Appointment of Jeff Perkins to the Federated Retirement Board of Administration for a four-year term ending November 30, 2006. (Federated Board of Administration)

4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1 Report of the Economic Development & Environment Committee

Council Member Williams, Chair

4.2 Public Hearing on the Historical Property Contract for the Hotel Metropole.

* 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). Director of Planning, Building and Code Enforcement and Historic Landmarks Commission recommend approval (5-0-1).

MA 02-003 - District 3

(Continued from 10/8/02 – Item 4.3 et al, and 10/22/02 – Item 4.5)

# RECOMMEND CONTIUANCE TO 11/19/02

4.3 Approval of the proposed update to the City Council Land Use Policy for Wireless Communications Facilities.

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)]

(Deferred from 10/22/02 – Item 4.2)

5 RECREATION & CULTURAL SERVICES

5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee –
October 21, 2002

Council Member Chavez, Chair

(a) Youth Commission Monthly Report

(b) Annual Report on Library Usage

(d) Update on Blight Ordinance

(e) Status Report on City-wide Trail Projects

(f) Review of Park Ranger Staffing Levels

(g) Update from the City/School Collaborative

(h) Status Report on Pick-Up San José

(i) Oral petitions

(j) Adjournment

5.2 Approval of various actions related to the 2003-2004 HNVF Application Cycle.

Recommendation: Approval of various actions related to the 2003-2004 HNVF Application Cycle:

(a) Adoption of the application process and rating criteria for the 2003-2004 HNVF Program application cycle as detailed in the memorandum.

(b) Continuation of grant funding for the following projects as previously established by the City Council:

(1) Homework Centers (ongoing);

(2) San José Downtown College Preparatory (one more year for $150,000);

(3) Children’s Health Initiative ($1,000,000 ongoing);

(4) Healthy Neighborhoods Venture Fund Administration (no greater than five percent of funds administered ongoing); and

(5) Funding for capacity-building workshops to assist agencies in becoming HNVF eligible service providers ($100,000 ongoing).

(c) Adoption of a goal of maintaining an unrestricted Ending Fund Balance amounting to at least 95% of estimated total expenditures.

(d) Adoption of the following HNVF Advisory Committee membership terms:

(1) Committee Council Member term shall coincide with his or her Council term;

(2) Community member term shall be for three consecutive years; and

(3) Two existing community members of the Committee shall serve through June 30, 2003.

CEQA: Not a project. (Parks, Recreation and Neighborhood Services)

5.3 Approval to award a contract for the Tully Road Ball Field Development-Phase II Project.

Recommendation: Report on bids and award of contract for the Tully Road Ball Field Development-Phase II Project to the to the low bidder, Robert A. Bothman, Inc., in an amount of $751,327, and approval of a contingency in an amount of $75,000. CEQA: Mitigated Negative Declaration, PP02-04-080. Council District 7. (Public Works)

6 TRANSPORTATION SERVICES

6.1 Approval of various actions related to the Construction Element of the Silicon Valley - Intelligent Transportation Systems (SV-ITS) Fremont-Milpitas Project.

Recommendation: Approval of an agreement for the Construction Element of the Silicon Valley - Intelligent Transportation Systems (SV-ITS) Fremont-Milpitas Project between the City of San José, the City of Milpitas, and Kimley-Horn and Associates, Inc. (Kimley-Horn) to provide the City of Milpitas with legal rights to use project plans and specifications for bid, award, and construction, and to clarify the roles and responsibilities of each party during construction, for a term beginning from the date of execution to September 30, 2004. CEQA: Exempt, PP 02-10-283. (Transportation)

7 ENVIRONMENTAL & UTILITY SERVICES

7.1 Public Hearing on the Commercial Solid Waste and Recyclables Collection Franchise application of A & A Recycling.

Recommendation: PUBLIC HEARING on the Commercial Solid Waste and Recyclables Collection Franchise application of A & A Recycling, approval of ordinance granting the franchise, and approval of Commercial Solid Waste and Recyclables Collection Franchise agreement with A & A Recycling. (Environmental Services)

8 AVIATION SERVICES

8.1 Approval of an amendment to the Scheduled Airline Operating Agreement regarding compliance with the City’s Airport Noise Control Program.

* 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 et al., and 10/29/02 – Item 8.1)

DROP

9 PUBLIC SAFETY SERVICES

9.1 Approval to accept a FEMA 2002 Assistance to Firefighters Grant Program Award.

Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute all documents necessary to accept a Federal Emergency Management Agency (FEMA) 2002 Assistance to Firefighters Grant Program Award in the amount of $491,822, covering a term of one-year, to supplement $210,780 in City matching funds for the purchase of selected fire fighting equipment. CEQA: Not a Project. (Fire)

10 JOINT COUNCIL/REDEVELOPMENT AGENCY

· Closed Session Report

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

In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:

Tract	Location	Council District	Developer	Lots/ Units	Type	Proposed Decision
9350	SE corner of Auzerais Ave & Meridian Ave	6	KB Homes, South Bay	1 lot	257 SFA	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:

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

11 PUBLIC HEARINGS

(EVENING SESSION CANCELED)

11.1 Public Hearing on approval of a single family house permit.

Recommendation: PUBLIC HEARING ON APPROVAL OF A SINGLE FAMILY HOUSE PERMIT to construct a 1,602 first and second floor addition to an existing single-family residence resulting in a maximum height of greater than 30 feet (32.5) on a 0.17 gross acre site located at 619 Chapman Street in the R-1-8 Residential Zoning District. (James and Caroline Owens, Owner/Developer). CEQA: Exempt.

SF 02-031 - District 6